theft
Hired Contractor (Plumber&#39;s) employee stole wedding ring
<p>Owner of company/Plumber we used before so hired again, this time difference was owner brought a helper. Helper asked to use our bathroom.  (Wedding/engagement Rings came up missing but left other pieces in same spot).
Wife didn't wear for 7 days as on vacation redoing yard landscape so didn't put on or notice gone right away.  Police called, and spoke to Plumber who called his employee but didn't tell him what or where just that a job they were on something was missing so they need to make a statement.  Helper refused but told boss "he didn't take anything only used the bathroom"  before he knew what his employer was discussing.  </p>

<p>Only people in the home prior to and during timeline were wife's Mother who saw the jewelry in the bathroom and wife &amp; Husband. </p>

<p>Police tried but Helper refuses to go in for questioning or take polygraph but admits to them he was in our home and was in the bathroom.
Owner Plumber has insurance and feels his employee did take it but his insurance declined the claim we made with a simple letter sent saying would not cover.</p>

<p>Do we have a case to sue the insurance company? what kind of lawyer can help us? should we Sue both the Plumber and his insurance?
Appraised Value is over states Small Claims court but would it hurt us to go that route and the judge throw out wondering why we didn't do it civil?  reason is cost to us.  But considering that route, but can we win in Small claims without the Helper actually admitting to it? and is the 7 days before victim noticed missing harmful to the case? We spoke to who thought it would be too costly to take to court and suggested we may as well just buy a new ring.  </p>

<h2>You can’t sue the insurer</h2>
<p>You can sue the helper for conversion (the tort of theft) and the plumber as they are vicariously liable for the acts of their employees. However, to succeed, you need to <strong>prove</strong> that the employee took the items. You <em>say</em> it was in the bathroom, the employee was in the bathroom (not contested), you <em>say</em> it’s gone - you haven’t proved a) that it exists or b) that it’s gone let alone that the employee took it.</p>
