Commercial Crime PolicyAmerican Bar Association, 2005 - 727 pages This important resource is designed for fidelity professionals, practitioners, and anyone concerned with the nature and scope of insurance covering fraud in the workplace. |
Contents
The Evolution and Development of Commercial | 6 |
The Future | 12 |
E Conclusion | 30 |
Chapter II | 31 |
Manifest Intent in the Context of Employee Dishonesty | 46 |
Interpretation of the Theft Coverage | 79 |
E A Direct Comparison of the Manifest Intent | 98 |
iii | 103 |
Conclusion | 315 |
B What Is Insured? | 321 |
Conclusion | 331 |
Commencement of Time Periods | 344 |
E DiscoveryWhat Is It? | 360 |
G Conclusion | 372 |
B History and Development of the Current Causation Language | 374 |
Causation Requirement Under a CCP | 387 |
A The Definition of Employee 1 | 104 |
Policy Forms in Which the Insureds Right to Govern | 115 |
E Leased Employees and Professional Employer | 124 |
G Merger and Former Employee Cases | 131 |
Data Processors | 138 |
K Endorsements Affecting Employee Coverage | 145 |
N Conclusion | 159 |
Settlement of Third Party Claims by the Insured | 165 |
E Admissibility of Confessions | 172 |
F Inferences of Dishonesty from Fifth Amendment Silence | 182 |
H Evidentiary Issues Regarding the Inventory and ProfitLoss | 188 |
Other Hearsay Exceptions | 196 |
J Special Evidentiary Problems in Litigating Against | 199 |
Conclusion | 205 |
How Is Loss Defined? | 212 |
E Conclusion | 228 |
Chapter VI | 229 |
Coverage for an Insureds Vicarious Liability for | 239 |
Coverage for an Employees Misappropriation of | 263 |
E Direct Claims by Persons Other Than the Insured | 273 |
F Conclusion 1283 | 283 |
Chapter XI | 405 |
E Conclusion | 422 |
Chapter XIII | 451 |
E Other Insurance Provisions | 468 |
Chapter XV | 509 |
Defenses to Rescission | 525 |
E Other Issues | 531 |
A Introduction | 535 |
Relevant Bond Provisions and Recovery Issues | 548 |
F Procedural Issues | 562 |
B Managing the Claim | 568 |
Ethical Considerations | 603 |
Conclusion | 609 |
Insureds Duty to Cooperate | 611 |
E Restrictions and Limitations on Insureds Duty to Cooperate | 625 |
Chapter XIX | 641 |
B A Reasonable BasisRight or Wrongfor Denying the Claim | 649 |
Conclusion | 661 |
Master Appendix | 675 |
Common terms and phrases
5th Cir action acts committed Aetna alleged analysis Apollo Computer apply attorney-client privilege automatic termination bad faith Blanket Bond cancellation carrier causation Circuit claim clause Commercial Crime Policy conduct context contra proferentem contract Corp court found court held Coverage Form covered loss Crime General Provisions defense defined definition direct loss directors discovered discovery dishonest acts dishonest employee embezzlement employee dishonesty employee's evidence exclusion fact FDIC Federal fidelity bond financial benefit Financial Institution Bond fraud funds indemnity Insurance Services Office insured's Insuring Agreement intent to cause interpretation issue liability Limit of Insurance litigation loan loss resulting directly loss sustained manifest intent Named Insured officer pay for loss person policy period premium prior insurance proof of loss provided coverage recovery securities specific Standard Form STAT subrogation substantial certainty summary judgment Supp Surety theft language third party vicarious liability work-product doctrine