Commercial Crime Insurance

Types of Frauds

  • Assets misappropriation
  • Vendor fraud
  • Accounting fraud
  • Data theft
  • Payroll fraud
  • Bribery and corruption

Assets misappropriation

  • Cheque forgery: Employee forges a signature on cheque made out to himself or to someone else
  • Cheque tampering- alter the payee, amount or creates unauthorized cheque
  • Inventory theft- physical stealing or diverting of products
  • Theft of cash- stealing, skimming (not registering sale & pocketing of money)
  • Return fraud (collude with someone else to return goods fraudulently for refund)
  • Expense frauds- forging receipts, false reimbursement claims,, inflated expense claims, cos’ account for personal expenses,
  • Phantom vendor accounts
  • False customer accounts

Vendor fraud

  • Overbilling
  • Bribery
  • Price fixing

 

Mostly in collusion with employees

Accounting fraud

  • Embezzlement (larceny)- by a person who control the funds
  • Accounts payable fraud- employee hiding fraudulent transaction among thousands of legitimate transactions ( cheque tampering, billing scheme, fraudulent expense reimbursements)
  • Fake supplier
  • Personal purchases
  • Account receivable frauds- lapping (recording on customer’s payment to another customer’s account), skimming (intercepting payments before they enter accounting system)

Payroll frauds

 

  • Ghost employees
  • Paycheck theft
  • Advance fraud
  • Timesheet fraud- falsify timesheet to inflate hours

Data theft

  • Theft of customer list, personally identifiable information
  • Trade secrets

Prevention

  • Thorough background cheque of new employees
  • Implement checks & balances
  • Separate function of cheque preparer and cheque signer
  • Rotate duties of employees in accounts
  • Random audits
  • Encourage whistleblowing

Scope of cover

  • Fraud or dishonesty committed by any employee( alone or in collusion)
  • Fraudulent act committed by any other person
  • Broad definition of employee- part time, temporary, volunteer etc.
  • Care custody and control
  • Indemnification of reasonable fee, expenses incurred by insured in defense of any demand, claim, suit or legal proceeding

Policy features

  • Employee theft coverage: loss of money, securities or other property by theft or forgery
  • Premises coverage: losses from destruction, disappearance or wrongful abstraction or computer theft of money or securities by TP
  • Transit coverage: losses sustained due to destruction, disappearance or abstraction of money or securities outside insured’s premises by TP, while being conveyed
  • Depository forgery coverage: cheques fraudulently drawn on insured’s account by TP
  • Computer fraud coverage: losses sustained due to computer fraud by TP expense incurred by Insured due to computer violation

Key Exclusions

  • War, civil war
  • Theft & fraud of insured’s partner
  • Cost of reproducing any information contained in lost or damaged records, accounts
  • Consequential loss, Loss of income
  • Fire
  • Loss of trade secrets
  • Credit risks
  • Major shareholder exclusion (owns or controls more than 5% of share capital)
  • Errors and omissions: loss arising from or related to Professional Services and Errors & Omission caused by employees

Key terms

  • Employee: director while performing acts in scope of duties of an employee, part time or temporary employee, student or volunteer, trustee, solicitor retained by insured, persons provided by employment agency
  • Loss: direct financial loss from single act or series of related, continuous or repeated acts
  • Computer or funds transfer fraud: theft by manipulation of computer system by TP or fraudulent instructions to transfer funds from Insured’s account by TP
  • Counterfeiting: Insured is deceived by imitation of negotiable authentic documents
  • Forgery: hand written signing or endorsing the name of genuine person or copy of the said person’s signature by any other person without authority and intent to deceive
  • Fraudulent act: forgery, counterfeiting, fraudulent use of corporate credit/ debit cards, funds transfer fraud

Optional Extensions

  • Interest receivable or payable: Interest which would have been recoverable but for loss covered under policy or interest which becomes payable by Insured resulting directly from a
  • Criminal damage: in excess of any other insurance, excluding damage to money, securities, excluding fire howsoever caused
  • Violent and forcible theft of property by TP: in excess of any other insurance