Commercial Crime Policy

Front Cover
American 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
Copyright

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