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What is employee
dishonesty insurance?
Why do business
owners need employee dishonesty insurance?
Is employee dishonesty insurance the same
as a fidelity bond?
Who is covered under an
employee dishonesty insurance policy?
What is
covered under an employee dishonest policy?
Can an employee
dishonesty policy also cover an Employee Retirement Income Security Act
(ERISA) bond?
Is there a difference between an ERISA
bond and fiduciary liability policy?
What is a fiduciary liability policy?
What is third party coverage on an employee
dishonesty policy?
What
limits should we purchase?
Does my fiduciary bond cover my fiduciary
exposure?
What are some of the typical exclusions in an
employee’s dishonesty policy?
Can employee dishonesty insurance be added to
other insurance contracts?
What are the disadvantages to adding this coverage
to other policies?
What are some of the limitations in the AICPA
employee dishonesty endorsement?
How
are prior acts covered?
What is employee dishonesty insurance?
This
insurance protects the employer from financial loss due to the
fraudulent activities of an employee or group of employees. The loss can
be the result of the employee’s theft of money, securities or other
property of the employer.
Why do business owners need employee dishonesty
insurance?
Fraud and
embezzlement in the workplace is on the rise. The Association of
Certified Fraud Examiners (ACFE) estimates business losses $400 billion
per year or about 6% of total annual revenue. Small companies can be
especially effected by theft and embezzlement because they can’t afford
extensive safeguards and aren’t large enough to absorb losses. Workplace
crime is carried out by employees 80% of the time. One in four employees
who has committed fraud against their employer had been with the company
more than ten years.
Is employee dishonesty
insurance the same as a fidelity bond?
Yes, in
most cases they are considered the same type of coverage. Employee
dishonesty insurance is also sometimes called crime coverage, employee
dishonesty bond, fidelity bond and crime fidelity insurance.
Who is covered under an employee dishonesty
insurance policy?
An employer
is protected from theft by its employees. In addition employers are
protected from covered losses due to burglary and destruction. The exact
definition of “who” is covered is defined in the policy, but should
include all current or former employees, partners, members, directors,
volunteers, trustees, seasonal employees and temporary persons at your
direction and control.
What is covered under an employee
dishonest policy?
Stand alone
policies are designed to cover employee thefts, robbery and safe
burglaries. Coverage can also include:
1.
Forgery or alteration
2.
Funds transfer fraud
3.
Computer fraud
4.
Credit card fraud
5.
Money order and counterfeit fraud
Can an employee dishonesty policy also cover an
Employee Retirement Income Security Act (ERISA) bond?
Yes, an
endorsement can be added to include ERISA compliance. ERISA requires a
bond equal to 10% of the assets up to a maximum limit of $500,000. This
is very convenient and eliminates the need for a separate ERISA bond.
Is there a difference
between an ERISA bond and fiduciary liability policy?
Yes, you are required by
ERISA to bond or insure your plans from employee dishonesty in the
lesser of $500,000 or 10% percent of all plan assets. The Department of
Labor has the authority to prescribe a bond in excess of $500,000, up to
10% of the value of all plan assets as of the beginning of the plan
year. Fiduciary liability is not required by ERISA.
What is a fiduciary
liability policy?
A fiduciary liability policy
protects the personal assets of a plan Fiduciary due to allegations of
breach of fiduciary duties.
What is third party coverage on an employee dishonesty policy?
This
coverage, added by endorsement, extends coverage to a client with which
you are under written contract to perform services. The policy will pay
for loss of or damage to money, securities and other property owned or
leased by a client from theft by an employee of the policyholder. This
endorsement modifies the policy to include coverage at the client’s
premises.
What limits should we
purchase?
Limits
will vary by the exposure and the needs of the insured. For firms that
handle cash and securities, estimate the annual volume and multiply by
20% to get a starting point for limits. Minimum limits are $100,000 and
many policies will cover $500,000 without significant additional
premiums. Coverage for depositor’s forgery, computer and funds transfers
can also be purchased with separate limits.
Does my fiduciary
bond cover my fiduciary exposure?
Although nearly 50% of
Fiduciaries think their ERISA mandated fidelity bond protects personal
assets, it does not. The fidelity bond protects the
plan from loss due to dishonest acts of those who handle plan
assets.
What are some of the typical exclusions in an employee’s dishonesty
policy?
-
Accounting or math errors
or omissions
-
Loss to income that you
could have realized had there been no loss of or damage to money,
securities or other property
-
Vandalism
-
Governmental action,
seizure or destruction of property by the government
-
Restatement of a profit
and lost statement
-
Theft by you for you. You
can not steal from yourself; however coverage extends to partners,
directors, members, and trustees.
Can employee dishonesty insurance be added to other insurance contracts?
Yes,
business owner’s policies and other commercial office packages can add
coverage by the base policy or by endorsement. The AICPA accountants
program adds by endorsement employee dishonesty coverage.
What are the disadvantages to adding this coverage to other policies?
-
Limits may be
insufficient to cover real losses
-
Terms, conditions and
exclusions may limit coverage and only cover employee dishonesty
losses marginally
-
Business owners policies
(BOP’s) may limit employee dishonesty to $10,000
-
Usually only first party
coverage is available
-
Employee dishonesty
claims could impact your insurance policy designed for other
exposures. (accountants error and omissions policies)
What are some of the limitations in the AICPA employee dishonesty
endorsement?
-
Coverage is limited to
employees doesn’t cover partners or owners
-
Employee dishonesty is
limited to dishonest acts committed by an employee. There is no
coverage for theft against you by a non-employee
-
No coverage for money or
securities in transit with an employee or armed motor vehicle.
-
No coverage for robbery,
theft, disappearance or destruction at banking premises or in
transit.
-
Coverage for losses on
property owned or held by your clients on their premises while your
employees are performing services is limited to property other than
money or securities.
-
Legal expenses are
excluded for any cause or loss
-
No coverage for computer
fraud, transfer fraud by non-employees
-
No option for coverage
under ERISA
How are prior acts covered?
The AICPA
plan employee dishonesty endorsement is limited to a loss sustained
basis. A loss must be sustained through acts committed or events
occurring during the coverage period or extended reporting period. (No
later than one year)
Stand
alone* employee dishonesty insurance will pay for a loss sustained
through acts or events committed or occurring at any time
and which are discovered during the policy period or extended
policy
period.
This FAQ is intended to provide an overview of employee
dishonesty coverage and any policy comparisons are for illustrations
only. To fully understand employee dishonesty coverage and differences
would require that all policies be read in their entirety with all
attached endorsements.
The AICPA employee dishonesty endorsement referred in the
FAQ is G-138268-a (3/03)
*The Stand alone policy cited is the Hartford employee
dishonesty policy form F-4201-0 (1998)
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