Section 3 - Crime Coverages and Endorsements Flashcards

1
Q

Why Crime Coverage (3 Shortcomings of Special form property policies)

A
  • Dishonesty Exclusion for named insureds and others in the organization
  • Voluntary Parting / Unauthorized instruction exclusion
  • Low limits for items such as fur, jewelry, patterns, dies, molds, stamps, tickets, letters of credit $2,500 or $250
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2
Q

Loss Sustained vs Discovery Form (2 Each)

A

Loss Sustained
- Occurrence must take place during the policy period AND
- The occurrence must be discovered by a designated person during the policy period or during the extended period to discover loss

Discovery Form
- The occurrence can take place at any time AND
- The occurrence must be discovered by a designated person during the policy period or during the extended period to discover loss

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3
Q

5 Different Types of “Designated People” to Discover the Loss

A

REEPH

  • Risk Manager
  • Elected Officer
  • Employee Benefit Plan admin / Trustee
  • Partner, LLC member, LLC manager, director, or trustee
  • Highest ranking employee at a premise
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4
Q

What is the Extended Reporting Period to Discover a loss? (Loss Sustained Form) (2)

A
  • One year following the cancellation or termination of a policy.
  • Also applies when policy is still in effect, but coverage for a particular insured has been removed or when one of the coverages is removed.
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5
Q

3 Requirements for Replacing a Policy with ERISA Coverage (Both Loss Sustained and Discovery)

A
  • At least as broad as the policy being replaced
  • Has a limit at least equal to the limit required by ERISA
  • Applies to losses sustained prior to its effective date
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6
Q

Loss Sustained Partly During This Insurance and Partly During Prior Insurance (Loss Sustained) (3)

A
  • First settles the current term losses, then goes back to the prior insurance
  • Pays Highest single limit applicable
  • current policy’s deductible applies
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7
Q

Loss Sustained Entirely during Prior Insurance (3)

A
  • Covered under current policy
  • Pays the most recent prior term and then the terms before that
  • Uses highest single limit applicable during period of loss and current deductible
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8
Q

Prior Insurance with a Different Carrier (3)

A
  • Loss must be covered under current policy
  • Lesser of the prior and current limit
  • Current Deductbile Applies
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9
Q

3 Things to Do to Keep Best Coverage when renewing Crime Policy

A
  • Stay Continuous
  • Stay with the same insurer
  • Don’t lower your limits
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10
Q

Extended Reporting Period for Loss Discovered Form

A

60 days following the Cancellation or Termination of a policy

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11
Q

3 Fidelity Insuring Agreements

A
  • Employee Theft
  • ERISA Plan Official Dishonesty
  • Employee Theft of Client’s Property
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12
Q

What is Covered Property - Fidelity (3)

A

Money: Currency, coins, bank notes, travelers checks, money orders, deposits in accounts at any financial institute

Securities: Tokens, tickets, revenue and other stamps. Evidences of Debt issued in connection with credit or charged cards, which cards are not issued by you

Other Property: Tangible property other than money or securities that has intrinsic value. Doesn’t include computer programs, or electronic data

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13
Q

Does property have to be owned (Fidelity)

A

No it does not. Can be held by insured in any capacity and can apply if insured legally liable

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14
Q

Who can be the thief? (Fidelity) (8)

A

LEFT MIND
- Leased workers
- Employee Benefit plan natural persons
- Former employees, partners, LLC members or managers, directors or trustees retained by the insured as a consultant
- Temporary workers
- Merger or Acquisition natural persons employed by them prior to effective
- Interns and Guest students
- Natural persons whom the insured compensates and has the right to direct or control. Includes coverage for 30 days after service unless fired for dishonest, malicious acts
- Directors, trustees, or LLC managers performing acts within the scope of the duties of an employee or acting as a member of a committee to perform specific directorial acts on behalf of NI

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15
Q

What does employee theft include (2)

A

Loss or damage from employee committing theft, whether identified or not, or in collusion with others

Includes “forgery”

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16
Q

2 People that ERISA Plan Official Dishonesty Covers

A
  • An ERISA Plan official, whether ID’d or not
  • You, but only if you are a sole proprietor
17
Q

3 Terms to Understand ERISA Plan Dishonesty: ERISA Employee Benefit Plan; Fraud or dishonesty; ERISA plan official

A
  • ERISA Employee Benefit Plan: welfare or pension benefit plan subject to ERISA and its amendments
  • Fraud or dishonesty: larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, wrongful conversion, willful misapplication, or other fraudulent or dishonest acts
  • ERISA Plan official: Certain persons in the org handling the ERISA employee benefit plan
18
Q

4 Conditions for ERISA Plan Official Dishonesty

A
  • The NI is responsible for selecting the limits needed to satisfy ERISA requirements
  • If, at time of a loss, limit no longer satisfies the minimum amount of coverage required by ERISA, the limit will automatically be increased to the amount required by law. Insured not required to pay more
  • No deductible applies to loss sustained by an ERISA employee benefit plan
  • Exclusion for acts committed by the named insured or its partners or members does not apply to losses to ERISA employee benefit plans
19
Q

Crime Exclusions (12)

A

AAA KITE VID WC
- Acts committed by You, Your partners, or Members (Exception for ERISA Plan Official Dishonesty)
- Acts committed by Your Employees, ERISA Plan Officials, Managers, Directors, Trustees or Representatives (Exclusion Doesn’t apply to any Fidelity Coverages)
- Acts Committed by Your Employees or ERISA Plan Officials Prior to the Policy Period (can’t rehire someone that has stolen in the past)
- Kidnap, Ransom, Extortion and Other Unlawful Demands
- Indirect Loss: No BI or EE coverage, just compensatory
- Trading: Can add back coverage but for stock and commodity trading
- ERISA Employee Benefit Plan: Only that coverage section applies
- Virtual Currency
- Inventory Shortages: Need more evidence than just shortage
- Data Security Breach (cyber)
- Warehouse Receipts (can add endt)
- Confidential or Personal Information (cyber)

20
Q

2 Types of Crime that Computer and Funds Transfer Fraud Covers

A
  • Entering or changing of data or computer programs within the computer system of the insured or that of a third-party performing services for the insured (Can be employee device if they signed personal use policy)
  • A fraudulent transfer instruction sent to a financial institution, purportedly by the insured, directing the financial institution to transfer money or securities from the insured’s account (must be someone impersonating the insured)
21
Q

5 Additional Exclusion - Computer and Funds Transfer

A

I FACE
- Inventory Shortages
- Fraudulent Instruction
- Authorized Access (maybe covered under employee theft)
- Credit Card transactions
- Exchanges or purchases

22
Q

2 Types of Crimes that Fraudulent Impersonation Covers

A
  • Thief tricks the insured into CHANGING THE TRANSFER INSTRUCTIONS for payment due to a client or vendor so that payment goes to the thief instead
  • The insured transfers money or securities based on instructions from a thief IMPERSONATING CLIENT, VENDOR OR PERSON WITHIN ORG
23
Q

Fraudulent Instruction - Additional Condition (1ab)

A

You must make a REASONABLE EFFORT TO VERIFY, but not through email, the authenticity of any change of account request with
- the CLIENT OR VENDOR purporting to have issued the change of account request or
- a (DIFFERENT) AUTHORIZED PERSON, but not the authorized person purporting to have issued the change of account request
and document the effort.

24
Q

Insuring Agreement #2 - Forgery or Alteration (2 Parts of it)

A

Two Parts
- Forgery of Negotiable Instruments
- Forgery of Payment Card Instruments

25
Q

Insuring Agreement #3: inside the Premises - Theft of Money and Securities (2)

A
  • Has to be on the premise or in a financial institution
  • Covers damage done to premise or the lock or vault
26
Q

Insuring Agreement #4: Robbery or Safe Burglary of Other Property (2 Covered Losses, One Condition)

A

2 Covered Losses
- Actual or attempted robbery of a custodian inside the insured’s premises
- Loss to other property in a safe or vault inside the insured’s premises by actual or attempted safe Burglary

Condition
- Has to be signs of forcible entry

27
Q

Insuring Agreement #5: Outside the Premises (Messenger Definition, coverage for Money and Security vs Other Property)

A

Messenger: NI, relatives, partners, LLC members or employees while having care and custody of property while off premises

Money and securities has coverage for theft, disappearance or destruction

Other property has coverage for actual or attempted robbery.

28
Q

Exclusions Applicable to Insuring Agreements 3, 4, and 5 (7)

A

FEMA VVV
- Fire
- Exchange or Purchases
- Money-Operated Devices (unless continuously recording amounts in device)
- Accounting or Arithmetical Errors or Omissions
- Vandalism
- Voluntary Parting of Title to or Possession of Property
- Vehicles or Equipment and Accessories

29
Q

Insuring Agreement #8: Money Orders and Counterfeit Money (2)

A
  • Money orders that are not paid upon presentations
  • Counterfeit money acquired during course of regular business
30
Q

5 Conditions for Crime Policies

A

DJ ATL
- Duties in The Event of a Loss (120 days to give detailed account of loss)
- Joint Venture: First named insured act for all insureds. If one designated person has knowledge of crime, considered that all insureds have knowledge of crime
- Additional Premises or Employees: will cover for the addition of premises or employees during the policy term and doesn’t require notice
- Territory: anywhere in the world
- Limit of Insurance: If applicable under multi insuring agreements, they pay the highest limit between the agreements