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FIDELITY AND OTHER INDEMNITY PROTECTION Section 4.4 INTRODUCTION Lack of any significant coverage, board of director approval and review, or deficiencies in a bank's loss Risk management is intended to minimize the cost prevention program should be appropriately commented associated with certain types of risk and provide prudent upon in the Report of Examination. protection. The maintenance of appropriate levels of necessary insurance coverage is a key aspect in the risk management process. It deals with pure risks that are FIDELITY INSURANCE PROTECTION characterized by chance occurrence and may only result in a financial loss, as opposed to a speculative risk which Fidelity insurance protection is appropriate for all banks affords the opportunity for financial gain or loss. Such because it insures against certain risks that contain the pure risks are separated into three major exposure potential for significant loss. Section 18(e) of the Federal categories: liability, property, and personnel. Deposit Insurance Act (FDI Act) provides that the FDIC may require such coverage, and if it is not obtained, may There are three stages in the risk management process: risk contract for such protection and add the cost to the bank's identification and analysis, risk control, and risk treatment. deposit insurance assessment. However, such action would Identification and analysis requires a review of all aspects only be taken in rare instances, such as when a bank is able of the bank's present and prospective operations to to obtain protection but refuses to do so. determine where the bank is exposed to loss, including consultation with a reliable insurance professional. Risk If the bank is without coverage, a thorough investigation control is primarily dependent upon the strength of the should be made to determine the reasons insurance bank's internal controls, policies and procedures. Risk protection is lacking. Such banks must continue diligent, treatment refers to choosing the appropriate steps or good faith efforts to obtain reasonably priced coverage. methods to deal with a particular risk. The objective of Their efforts should be monitored periodically to confirm this process is to minimize the probability of losses and the actions being taken to obtain coverage, including steps costs associated with them, such as direct costs of loss necessary to satisfy any conditions that may have been prevention measures, insurance premiums, losses imposed by an insurer as a prerequisite for coverage. sustained, and related administrative expenses. A bank has several options in treating a particular risk. It can In some cases, a bank may offer alternate arrangements in implement additional controls to minimize yet retain the lieu of the usual insurance bond. While it is difficult to risk (i.e. become a self-insurer), transfer the risk to another generalize, these arrangements (i. e. having directors or party through insurance or contractual transfer, or utilize a owners sign personal guarantees or increasing the bank's combination of both of these approaches. A basic tenet of capital) do not protect the bank against the same risks in risk management is that those risks which carry the essentially the same manner or to the same extent, and potential for catastrophic or significant loss should not be therefore, are generally not acceptable as substitutes for retained, if avoidable. Conversely, it is not cost justified to insurance coverage. However, each such offer should be insure losses which are relatively predictable and not appraised on its merits for whatever additional protection it severe. The board of directors must determine the might provide in the interim. maximum loss the bank is willing and able to assume, and should perform an annual review of the bank's risk and While a periodic review of internal and external security insurance management program. measures and controls is warranted in every bank, it is especially appropriate in a bank that is operating without The real value of insurance lies in the protection it affords fidelity insurance coverage. Ideally, this effort should be against catastrophic losses. To the extent a bank does not undertaken as a special project with responsibility fixed in have adequate coverage, losses deplete capital and impair a particular executive officer. Further, it should include a the position of depositors and the FDIC. Examiner review comprehensive review of the bank's existing programs, the and analysis of the adequacy of the bank's insurance design and implementation of additional security program is clearly necessary. The various types of procedures and controls, and a formal report to the board insurance coverage (delineated below) serve only as a of directors, with any actions taken by the board based on guide and a reference of available insurance protection. the report findings noted in the minutes of the meeting. The specific needs of a bank must be determined on an Management should also consider using outside experts, as individual basis, and only by reviewing each policy in necessary, to assist in strengthening internal programs or force, can the actual degree of coverage and protection be possibly to help the bank qualify for fidelity protection determined. Any material inadequacies of insurance where a carrier has previously cited specific deficiencies coverage should be directed to management's attention. that require correction. DSC Risk Management Manual of Examination Policies 4.4-1 Fidelity and Other Indemnity Protection (12-04) Federal Deposit Insurance Corporation FIDELITY AND OTHER INDEMNITY PROTECTION Section 4.4 Providing Examination Information to an premium. In order to determine the remaining insurance Insurance Carrier coverage, the amounts of all prior and pending claims against the bond should be deducted from the stated Occasionally, a bank may ask to release all or part of an aggregate limit. examination report to an insurance carrier. These inquiries should be discouraged. A bank should be able to Scope of Blanket Bond Coverage demonstrate its insurability to prospective insurers without having to release confidential information from an FDIC Clause (A) - Fidelity examination report. Adequate information is available from the bank's records and from nonconfidential sources Covers losses as a result of dishonest or fraudulent acts by to enable an insurer to accurately assess its underwriting officers and employees, attorneys retained by the bank, and risk. non-employee data processors while performing services for the insured. This clause generally excludes loss caused Protection From Both External and by a director, unless the director is also a salaried employee of the bank. "Dishonest or fraudulent acts" are Internal Hazards defined as acts committed by such employee with the manifest intent to cause the insured to sustain such loss and External hazard includes the possibility of dishonest, obtain financial benefit for the employee or another party fraudulent, or criminal acts committed against the bank and (other than salaries or other employee benefits earned in its employees by the general public. Robbery, burglary, the normal course of employment). Coverage of losses and forgery are the predominate acts. Banks endeavor to resulting from loan activity is severely restricted. Such guard against losses from these sources by maintaining losses are covered only if the employee involved acts in vaults and safes, reliable alarm systems, and other security collusion with another party to the transaction and the devices which should, at a minimum, meet the employee receives a financial benefit of at least $2,500. requirements set forth in Part 326 of the FDIC's Rules and Regulations. Banks should also attempt to limit the size of Clause (B) - On Premises such losses by keeping exposed cash and negotiable securities at a minimum. Loss of property (as defined in the bond) resulting directly from (a) robbery, burglary, misplacement, mysterious Internal hazard, which poses a far greater risk, deals with unexplainable disappearance and damage thereto or the possibility of defalcations by the bank's own personnel. destruction thereof, or (b) theft, false pretenses, common Banks should try to protect themselves against this hazard law or statutory larceny, committed by a person present in by maintaining clear records and effective systems of an office or on the premises of the insured, while the internal routine and controls. The maintenance of an property is lodged or deposited within offices or premises appropriate level of insurance coverage helps to further located anywhere. limit the institution’s level of risk related to employee defalcations and other types of internal fraud. Clause (C) - In Transit Bankers Blanket Bond Insurance Identical coverage as that provided in Clause (B), except that the property is covered while in transit. The property The most common form of blanket bond used by must be in the custody of a person acting as a messenger of commercial and savings banks is the Financial Institution the bank while in transit. When an armored vehicle is not Bond, Standard Form No. 24. Other forms may be used by a transportation company, property is generally encountered and should be thoroughly analyzed to limited to written or electronic records, certified securities, determine the extent of coverage. Standard Form No. 24 and negotiable instruments. has two different limits of liability--a single loss limit of liability and an aggregate limit of liability. The single loss Clause (D) - Forgery or Alteration limit applies to individual claims, whereas the aggregate limit applies to the total of all loss recoverable under the Optional coverage for loss through forgery or alteration of, bond. For example, if there is a $500,000 single loss limit on, or in checks, drafts, acceptances, and other negotiable and a $1,000,000 aggregate limit, payment of the single instruments, as specified, which are received by the bank loss reduces available coverage for further losses during either over-the-counter or through clearings. Items the bond period to $500,000.

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