Risk & Business Magazine Knight Archer Insurance Spring 2016 | Page 30

R & Crime Insurance B Discovery or Loss Sustained? BY: KNIGHT ARCHER COMMERICAL INSURANCE N o employer wants to believe that their trusted employees would steal from them. Unfortunately, the reality is that employee theft is all too common. Because of their trusted positions, it is often far easier for employees to steal from a company than any outsider. Also, once an employee begins stealing from his or her employer, it often continues over a sustained period, resulting in higher losses. While standard property and inland marine insurance policies provide some protection from criminal acts, they frequently do not cover losses resulting from employee dishonesty. Crime insurance was developed to deal with the limitations of other policies and extend protection to include the fraudulent activities of employees. Standard policies cover such employee actions as: • Theft • Safe Burglaries 30 SPRING 2016 • Embezzlement • Dishonesty, Disappearance and Destruction • Computer Fraud • Credit Card Fraud • Counterfeiting Discovery or Loss Sustained Crime insurance can be written as one of two forms: discovery or loss sustained. While the loss-sustained form was the popular choice in the past, ISO restructuring of the commercial crime program has made discovery more appealing. Using the loss sustained form, losses occurring during the policy period that are discovered during the period or within one year of its expiration are covered. Normally claims are covered by the policy in force when the loss occurred. However, if the policy in force when the loss occurred has expired and coverage has been continuously maintained since then, the current policy can be used to pay out at a reduced amount. In basic terms, the discovery form covers losses upon discovery. The loss itself could happen at any time, but as long as it is first discovered during the active policy period it is covered. If coverage is not renewed it has a 60-day tail. When considering the discovery form, look for policies without a retroactive date endorsement. Some discovery polic