Includes copyrighted material of Insurance Services Office, Inc., with its permission.
January 12, 2017
A Listing
Following is a partial list of endorsements available for use with the commercial crime policies. This listing includes a brief description of the purpose and scope of each endorsement. By no means all inclusive, the list attempts to include those endorsements that are used most often or that raise the most questions with their use.
Some of the endorsements are published by the Insurance Services Office (ISO). Others are the product of the Surety Association of America (SAA)—and this is noted—and are generally used with coverage form A (employee dishonesty coverage form) under the previous crime insurance program.
Note that the latest version of the crime policy now includes many coverages that once were only available by endorsement.
ISO Endorsements
Clients' Property, CR 04 01 08 13
This endorsement covers money, securities, or other property belonging to the insured's client. The property is covered for theft by an employee of the named insured. It does not matter if the employee is acting alone or in collusion with someone else.
Destruction of Electronic Data or Computer Programs, CR 04 13 08 13
This endorsement covers costs incurred by the insured to restore or replace electronic data or computer programs that are stored in the insured's computer system. The damage must be caused by a virus or by vandalism. It also covers reasonable costs to restore the computer system to its pre-loss level of operations.
Employee Theft – Name or Position Schedule, CR 04 08 08 13
This endorsement covers theft by an identified employee. The identification may be either name or position. The employee may act alone or in collusion with others.
Extortion – Government Entities, CR 04 04 08 13
An extortionist may threaten bodily harm to an insured or his employees; or may threaten to damage property, unless money is paid. In either case, these endorsements provide such payment. Threats to introduce a denial of service attack or a virus into the insured's computer system have been included as covered losses. Before collecting, the insured must make a reasonable effort to report the extortion to an associate or law enforcement. The threat must be communicated to the insured during the policy period. This endorsement also allows the insured to change the coverage territory to anywhere described—especially useful for insureds with international operations.
Guests Property, CR 04 11 08 13
Anyone who keeps a guest's property in a safe deposit box needs this endorsement. An example would be a hotel that stores the property of its patrons. Coverage may be purchased for guests property in a safe deposit box or to cover such property while it is inside the insured's premises.
Inside the Premises, Robbery or Safe Burglary of Money and Securities, CR 04 07 08 13
This endorsement covers other property if taken from a watchperson (robbery) or as a result of safe burglary. It also covers damage to the premises. The rate is based on the predominant activity of the insured.
Inside the Premises, Theft of Other Property, CR 04 05 08 13
This endorsement covers other property for theft from inside the premises. The rules manual singles out the following types of property for special rating treatment: fixtures, fittings, or appliances; outdoor signs (with or without coverage for vandalism); and property in public hallways or storerooms. For retailers, a higher rate is charged if the insured wishes coverage for property in showcases or show windows. Service stations pay a higher rate for automotive products in outdoor containers. Exclusions have been added for threats to introduce viruses, denial of service attack, contamination of products, or similar events.
Lessees of Safe Deposit Boxes, CR 04 09 08 13
The lessee of a safe deposit box needs this endorsement to cover securities and other property in the box. Note that the endorsement provides no coverage for money in such a box. Separate limits apply to securities and to other property. Once again, exclusions for threats to introduce a denial of service attack or other malicious instructions are added.
Safe Depository, CR 04 12 08 13
The insured may purchase either or both of the coverages offered on this endorsement. The first covers loss to property in a safe deposit box for which the insured is legally liable. The second covers loss from burglary or robbery of customers" property in a safe deposit box or a vault.
Securities Deposited with Others, CR 04 10 08 13
This endorsement covers loss of securities while they are inside the premises of a custodian or a depository. The covered causes of loss are theft, disappearance, or destruction. The threat to contaminate good or a computer system has been added and excluded.
Unauthorized Reproduction of Computer Software by Employees, CR 04 14 08 13
This endorsement pays any fines or penalties incurred by the insured in an employee illegally copies software. Exclusions include unauthorized instruction and threats to do bodily harm or physical damage to pictures or art.
Exclusion of Certain Computer-Related Losses, IL 09 35 07 02
This is an ISO endorsement that affects the commercial crime coverage part, as well as certain other property coverage parts. It excludes coverage for loss or damage caused by the failure, malfunction, or inadequacy of any computer hardware, software, operating systems, networks, computer chips, or any other computerized or electronic equipment due to the inability to correctly recognize, process, distinguish, interpret or accept one or more dates or times. This is the Y2K exclusion brought to the crime forms.
SAA Endorsements
As noted previously, these are used with the old crime forms. Check with the carrier or the state insurance department for applicability.
Exclude Designated Persons or Classes, of Persons as Employees, CR 10 02
Provides that the definition of "employee" does not include any person or class of persons shown in the endorsement's schedule. This is published by SAA.
Limit Deductible to Specified Positions, CR 10 03
This SAA endorsement provides that the deductible provision applies only to loss resulting from acts committed by any "employee" holding a position shown in the endorsement's schedule.
Exclude Loss of Clients' Property, CR 10 07
This SAA endorsement is used to replace the ownership of property provision in the general provisions form. It limits coverage under coverage form "A" to property the insured owns or leases (rather than coverage for property the insured owns or holds, or for which the insured is legally liable).
Add Faithful Performance of Duty, CR 10 09
This endorsement adds an additional covered cause of loss: failure of any employee to faithfully perform duties prescribed by the insured's constitution and by-laws or resolution of insured's governing body. It is available only to labor unions and fraternal orders. "Failure" does not necessarily connote dishonesty. The provision specifically includes inability to faithfully perform because of a criminal act committed by a person other than an "employee." The endorsement also adds an additional exclusion: loss resulting from the failure of any entity acting as a depository for insured property. This is an SAA form.
Employee Dishonesty Coverage Form as Excess Insurance, CR 10 16
This is used to make coverage form A excess insurance over other dishonesty coverage (and any applicable deductible) that is described in the endorsement's schedule. It provides that coverage remains excess in the event that the underlying insurance is not carried or is uncollectible. CR 10 16 is an SAA endorsement.
Include Designated Agents as Employees Covered for "Employee Dishonesty" Only,
CR 10 24
This SAA endorsement modifies the definition of "employee" to include each natural person, partnership, or corporation the named insured appoints in writing to act as its agent in the capacity shown in the schedule. Coverage applies while the agent is acting in behalf of the named insured or is in possession of covered property. The only covered cause of loss for the agents is "employee dishonesty."
Include Specified Non-Compensated Officers as Employees, CR 10 26
CR 10 26 amends the definition of "employee" to include non-compensated officers. The officers may be scheduled by name or by title. This is published by SAA.
Welfare and Pension Plan ERISA Compliance (Blanket—Coverage Form A), CR 10 27
Some of the provisions of this endorsement are the same as those discussed below in CR 10 28. This endorsement, under section 1, changes the definition of "employee" to include natural persons who are trustees, officers, employees, administrators or managers of any Employee Retirement Income Security Act (ERISA) plan, and the insured's director or trustee while that person is handling funds or other property of any ERISA plan insured by the insurance. This endorsement and CR 10 28 are SAA products.
Welfare and Pension Plan ERISA Compliance (Schedule—Coverage Form A), CR 10 28
In compliance with certain provisions of the Employee Retirement Income Security Act (ERISA): (1) if any welfare or pension plan is insured jointly with any other entity under this insurance, the limit of employee dishonesty coverage must be at least equal to that required if each plan were separately insured; (2) if the insured first named in the policy declarations is an entity other than a plan, any payment made to that insured for loss sustained by the plan will be held by that insured for the use and benefit of the plan sustaining the loss; (3) if two or more plans are insured under this coverage, any payment made for loss sustained by two or more plans in a single occurrence, whether the loss is experienced separately or is of commingled funds or property, recovery is to be shared by each plan in the proportion that the amount of insurance required for each plan under ERISA provisions bears to the total of those amounts; and (4) the deductible provisions of coverage form "A" does not apply to loss sustained by any plan subject to ERISA which is insured under this coverage.
Limit Amount of Insurance for Warehouse Receipts Losses, CR 10 32
This provides that the insurer will not pay for warehouse receipt losses, unless a limit is shown in the endorsement's schedule for loss resulting from the fraudulent or dishonest signing, issuing, canceling, or failing to cancel a warehouse receipt or paper connected with it. The endorsement's limit is part of, not in addition to, the limit shown in the declarations. SAA provides this endorsement.
Notice of Cancellation, CR 10 35
CR 10 35 provides that termination or cancellation, whether at the insured's or insurer's request, cannot take effect before the expiration of a stipulated number of days after written notice has been filed with a designated party, unless an earlier date is approved by the party indicated on the endorsement form. This is an SAA endorsement.
Banks for Cooperatives and Federal Intermediate Credit Banks, CR 10 36
This SAA endorsement stipulates that any payment made by the insurer under coverage form A is to be made to the banks shown in the endorsement's schedule and that such payment constitutes payment to the insured, unless the banks give written notice to the insurer to make payment to the insured. If the insured, by act or neglect, allows the coverage to be invalidated, suspended, or terminated, the insurer will still pay a valid claim within two years of the occurrence of such act or neglect.
Rural Electrification Administration, CR 10 39
This SAA endorsement amends the common policy conditions form, the crime general provisions form, and coverage form A. It includes requirement of prior written approval of claim settlement by the Rural Electrification Administration of the United States and involves the Administration in providing notification of loss to the insurer and in proof of loss. The conditions of legal action against the insurer apply to both the insured and the Administration. CR 10 39 changes the policy territory to include Guam and Micronesia. And finally, the endorsement amends the "Cancellation as to any Employee" provision of coverage form A to provide that coverage for any employee shall also be deemed cancelled immediately upon discovery of any dishonest act of an employee by the Administration, or upon the effective date specified in a written notice served on the insured and the Administration or sent to them by registered mail.
Joint Insured, CR 10 43
This SAA endorsement adds or deletes specified entities as named insureds.
Exclude Certain Risks Inherent in Insurance Operations, CR 10 45
CR 10 45 excludes the insurer's obligation to pay for any loss resulting from contractual or extra-contractual liability of the insured in connection with the issuance of insurance contracts, or contracts of indemnity or suretyship. SAA publishes this endorsement.
Loss Payable, CR 10 46
CR 10 46 provides that any loss payable under the coverage form is to be paid to the designated loss payee, with any payment to the loss payee constituting payment to the named insured. SAA publishes this endorsement.
Joint Loss Payable, CR 10 47
This SAA endorsement provides that any loss payable under the coverage form is to be paid jointly to the named insured and the designated loss payee, with any such payment constituting payment to the named insured. No payment will be made solely to the named insured unless a written request is received from the loss payee to make such payment to the named insured.
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