금융기관종합보험상 종업원비행담보조항의 구조와 담보요건 = The Structure and Coverage Requirements of Fidelity insuring agreement on the Banker`s Blanket Bond

다국어 초록 (Multilingual Abstract)

Fidelity bonds which are issued to banks are referred to as Banker`s Blanket Bonds, with blanket meaning it covers all employees of the insured bank(financial institution). The Banker`s Blanket Bonds indemnifies the insured against loss sustained by reason of specific perils described under eight different Insuring Agreements, which include: ① Fidelity, ② On Premises, ③ In Transit, ④ Forgery and Alteration, ⑤ Securities, ⑥ Counterfeited Currency, ⑦ Offices and Contents, and ⑧ Legal Fees. As fidelity bonds, Banker`s Blanket Bond is in fact a form of insurance. However, due to the risk that insured under the bond, it is not a liability insurance policy. A fidelity bond, including Banker`s Blanket Bond, is indemnity contracts that guarantee reimbursement for losses sustained by the insured resulting from the dishonesty or fraudulent actions of the insured`s institution`s employees and other specified perils. In other words, whereas liability insurance covers the liability of the insureds to a third-party, fidelity bonds cover the loss of property owned by the insureds or held by the insureds, as a result of employee dishonesty and other perils. The subject of coverage under a Banker`s Blanket Bond is dependant upon the terms of the multiple insuring agreements which may be contained therein. In general, unlike liability insurance, Banker`s Blanket Bonds do not cover the liability of the insureds to a third party. Instead, Banker`s Blanket Bonds provide coverage for loss of property which is owned by the insureds or held by the insureds, reimbursing the insured for such loss. Pursuant to the Fidelity insuring agreement, the Banker`s Blanket Bond is designed to guarantee reimbursement for losses sustained by the insured resulting from the dishonesty or fraudulent actions of the insured`s institution`s employees. Accordingly, in order to establish coverage under a fidelity bond, an insured must prove that its employees engaged in fraudulent or dishonest acts and that those acts in fact caused the subject loss being claimed by the insured. Fraudulent or dishonest acts generally mean acts committed by an employee with the manifest intent to cause the insured to sustain loss and to obtain financial gain for the employee other than those benefits earned during the normal course of employment. It is universally recognized that in order for there to be liability on the Banker`s Blanket Bond, there must be something more than negligence, mistake, carelessness, or incompetence. Accordingly, the Banker`s Blanket Bond does not insure good management nor does it insure against the risk of loss inherent in banking operations. The Banker`s Blanket Bond is likewise not intended to cover losses due to breach of contract.