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Commonly Used Fidelity Bond Terms
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Audit is the examination and verification of financial
books, records and internal controls. An audit may be performed by an independent
CPA firm or internally by a department or personnel of the business entity.
BOP/Business Owners Policy Crime insurance for smaller businesses is often
provided as part of a business owners policy (BOP). Although most BOP's are independently
filed by companies (and therefore aren't all the same), they typically include
nominal limits of employee dishonesty insurance and other basic crime coverages.
Blanket Fidelity Bond is a bond which covers loss of money, securities
or other property owned by the insured, held by the insured, or for which the
insured is legally liable, when such loss is due to the dishonesty of the insured's
employees. Unless specifically excluded, all employees are covered under the bond
for one blanket amount.
Class of Business distinguishes applicants based on their primary activity
or business purpose and the relative crime risk within that type of activity or
business. Class of business is a primary rating factor in crime policies with
the more hazardous risks having higher premium modifiers.
Combination Crime Policy (also known as the Commercial Crime Policy) is
a policy providing various crime coverages for mercantile or government entities.
The policy is written in easy-to-read language and is under the joint jurisdiction
of the SAA and the ISO. Several optional crime coverage forms are available under
the policy, each of which insures against specific exposures. The policy can be
tailored to fit the insurance needs of the insured by attaching only the coverage
forms desired - a sort of "mix and match" arrangement.
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Commercial Package Policy is a policy containing coverages from various
lines of insurance (e.g. Boiler & Machinery, General Liability, etc.). Each line
of insurance is written as a coverage part of the Commercial Package Policy. Employee
dishonesty, for instance, is included in the "part" dealing with crime coverage
and generally written at nominal limits.
Consolidation - Merger is the first General Condition clause. It deals
with the acquisition, consolidation or merger of the insured with another entity.
It provides for short-term coverage, but requires underwriting information for
reassessment of risk and premium to be charged.
Continuous Term means the Policy Terms states a "from" date, but no specified
expiration date. The policy always remains in effect unless the insured provides
a signed policy release or the insurer sends written notice of cancellation. CrimeSHIELD
is written on a continuous term basis.
Deductible is an amount which is to be subtracted from any loss and which
the insured agrees to bear.
Definite Term is a when a policy is written with both a stated "from" or
starting date and "to", a expiration date. See also "Continuous Term" above.
Discovery Basis refers to a policy wherein a loss may be sustained (occur)
at any time, but is discovered during the period of time that the policy is in
force. See also Loss Sustained Basis.
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Discovery Period refers to a period of time after the cancellation of certain
fidelity bonds and policies to discover losses that would have been recoverable
had the bond or policy remained in force. See the Extended Discovery Period provision
in the CrimeSHIELD policy.
Dishonest or Fraudulent Acts are those dishonest or fraudulent acts that
are committed by an employee with the manifest (evident) intent (1) to cause the
insured to sustain a loss, and (2) to obtain financial benefit for the employee
or another person or entity. CrimeSHIELD does not use this language, but rather
refers to these acts as employee theft.
Embezzlement is the wrongful taking of money or property entrusted to one's
care. Employee is a person in the service of the insured who receives compensation
for his services and is under the direction and control of the insured.
Employees can be either the regular employees of an insured or employees
of an employment contractor temporarily working for the insured. The policy definition
of an employee may be changed by endorsement, many of which are built into the
CrimeSHIELD policy form.
ERISA (Employee Retirement Income Security Act of 1974) is a Congressional
Act that replaced the Welfare & Pension Plans Disclosure Act of 1962. ERISA requires
that qualifying employee benefit plans be bonded by acceptable surety companies
(as listed by the U.S. Treasury Department) for the protection of plan funds against
loss by acts of fraud or dishonesty on the part of those persons handling the
funds. ERISA also requires the disclosure and reporting of financial and other
information concerning the operations of employee benefit plans. Hartford is a
very active writer of ERISA bonds.
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Endorsements (called Riders on bonds) are documents that are attached to
the original policy that modify or change the original policy in some way. An
endorsement my broaden coverage or may restrict coverage, or may extend coverage
to an insured not on the original policy. It may also serve as a clarification
of the policy's terms.
Faithful Performance Coverage protects the named insured against loss by
reason of the failure of the persons covered thereunder to faithfully perform
their duties as prescribed by law or regulation. Available for governmental entities
only.
Fidelity Bond is a bond or policy that indemnifies the insured for loss
caused by the dishonest or fraudulent acts of its employees. It may be written
on a blanket, individual, or schedule basis. Also referred to as dishonesty insurance.
Financial Institution Bonds are bonds specifically written for financial
institutions such as commercial banks, savings banks, savings and loan associations,
stockbrokers, mortgage bankers, insurance companies, and others.
Forgery Coverage indemnifies the insured for loss caused by forgery of
a signature on, or alteration of stated instruments, documents or securities.
Insuring Agreement 2 in a Hartford CrimeSHIELD policy.
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ISO (Insurance Services Office) is an organization working with the insurance
industry to maintain statistical data, file loss costs and manage standardized
forms on behalf of its member companies. The ISO is to the insurance industry
as the SAA is to the surety industry. See SAA.
Joint Insured Endorsement adds subsidiaries or other entities such as welfare
and pension plans over which the insured exercises control. An employee of one
insured is considered an "employee" of all the insureds.
Limit of Insurance is the maximum amount an insurer will pay in case of
loss. Sometimes called limit of liability, bond penalty or penal sum.
Loss Sustained Basis refers to the form of bond wherein a loss must be
sustained (or occur) as well as be discovered during the period of time the coverage
is in force. Most policies written on this basis include an additional provision
for a discovery period. This allows for a loss that is sustained (occurs) during
the bond/policy period, but discovered during the discovery period that follows
the expiration or termination of the policy - typically twelve months. See also
Discovery Basis.
Manifest Intent Employee dishonesty forms require that an employee act with manifest intent to (1) cause a loss to the insured and (2) obtain financial benefit for the employee or for another person or entity that the employee wants to receive the benefit. This “dual trigger” indicates that both elements for manifest intent must be present in order for coverage to apply.
Monoline policies provide only one type of insurance coverage (i.e. commercial
crime).
Occurrence is a loss caused by, or involving one or more "employees", whether
the result of a single act or a series of acts. See the CrimeSHIELD policy for
its specific definitions.
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Omnibus Named Insured provides for extension of coverage (within certain
parameters) to entities acquired in the future where there is more than 50% ownership
and controlled or operated by the insured and for pension and benefit plans. Typically
added by endorsement.
SAA (Surety Association of America) is the surety industry counterpart
to ISO. See ISO. Examples of Surety Association data are included in this training
section. Employee Dishonesty and Forgery coverages are often considered to be
"surety," rather than "insurance," with respect to state insurance law.
Schedule Fidelity Bond is a bond or policy that covers only the dishonest
acts of specifically named persons (Name Schedule) or specifically listed positions
within the company (Position Schedule.) See also "Blanket Fidelity Bond." CrimeSHIELD
is written on a blanket basis.
Separation or Segregation of Duties is a means of providing internal control
by clearly defining the roles and responsibilities of employees and requiring
that more than one person is involved in the handling, recording and reconciliation
of all transactions. For example, the person who prepares or signs checks should
be different than the person reconciling the bank statement.
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Superseded Suretyship is a provision that allows an insured to change surety
companies/insurers without fear of severe penalties. It provides coverage for
losses that were sustained (occurred) before the policy period of the current
policy (but only to the limit of the previous policy and only if there was no
interruption in coverage between the two policy periods). In other words, if the
current policy became effective on the date the former policy expired, the discovery
period for the previous policy had expired, and if the loss would be recovered
under both the terms of the old and the new policies, then the new policy reaches
back and picks up the loss coverage - even if the companies changed. Superseded
suretyship is only applicable to loss sustained policy forms. As CrimeSHIELD is
a discovery form policy, it does not apply.
Third Party Coverage extends protection to theft of client property by
an employee of the insured.
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