ISO GOVERNMENT CRIME COVERAGE FORMS AND POLICIES
(January 2026)
The coverage provided by the
Insurance Services Office (ISO) Government Crime Coverage Forms and Policies is
similar to that provided by the ISO Commercial Crime Coverage Forms and
Policies. This analysis addresses only the differences between them.
The following are the Government
Crime Coverage Forms and Policies:
This analysis compares the CR 00
25–Government Crime Coverage Form (Loss Sustained Form) with the CR 00
21–Commercial Crime Coverage Form (Loss Sustained Form) and their Declarations.
Related Articles:
ISO Commercial Crime
Coverage Forms and Policies Analysis
ISO Commercial Crime
Coverage Forms and Policies Declarations
(0622 edition)
CR DS 03–Crime and Fidelity
Coverage Part Declarations (Government Entities) differs from CR DS 01–Crime
and Fidelity Coverage Part Declarations (Commercial Entities) in a single
aspect. The new Fidelity Insuring Agreement provides two options for
employee theft coverage: the named insured can choose either a per-loss basis
or a per-employee basis.
(0622
edition)
In the 06 22 edition, all changes
remain consistent. The only variation in coverage is the addition of employee
theft-per-employee coverage in the Government Form.
·
Employee
Theft is renamed Employee Theft–Per Loss Coverage.
o
This
coverage is identical to employee theft provided by the Commercial Crime
Coverage Form.
·
Employee
Theft–Per Employee Coverage is unique to the government crime coverage form.
o
Coverage is
provided per employee, so the full insurance limit applies to each individual employee
who commits a dishonest act, even if multiple employees are involved in the
same loss.
·
ERISA is not
applicable to Governments; therefore, coverage is not provided.
·
Forgery
of Payment Card Instruments
does not include ERISA plan officials.
|
Example: Meghan, Elizabeth, and John work in three
different divisions of the city government. They think that their separation
will prevent anyone from tracking their dishonest acts. However, an internal
audit not only detects the loss of property but also traces the money back to
them. The city’s total loss is estimated at $125,000. Scenario 1: The city purchased $50,000 in employee theft-per
loss coverage. It receives $50,000 because, despite three employees being
involved, the incident is considered a single occurrence. Scenario 2: The city purchased $50,000 employee-per employee
coverage. The city receives $125,000 because each employee was covered for
$50,000. |
This section is identical in both
coverage forms.
This section is identical in both
coverage forms.
(06
22 edition)
Only the subparagraphs listed
below have been changed for the Government Crime Coverage Form:
a. Acts Committed by You replaces Acts Committed by You
The terms Partners or
Members are excluded from this title because government entities do not have
partners or members.
b. Acts Committed by Your Employees, Officials, or Representatives
The terms ERISA Plan Officials,
Managers, Trustees, or Representatives are excluded from this title since they
do not apply to government entities. It substitutes “officials” for “ERISA
plan officials, managers, trustees, or representatives.”
c. Acts Committed by Your Employees Prior to the Policy Period
ERISA
Plan Officials has been removed from
this title, since, as stated above, government entities are exempt from ERISA
plans.
(06 22
edition)
ERISA
Employee Benefit Plans
This
exclusion is removed from the government policy because ERISA does not apply to
government entities.
Bonded
Employees
This
exclusion is added to the government policy. There is no coverage when a loss is
caused by an employee who is required by law to be bonded.
NOTE: The exclusion applies whether the
employee is actually bonded or not.
Treasurers
or Tax Collectors
Coverage does not apply to any
loss caused by an employee with treasurer or tax-collecting responsibilities.
This exclusion applies even if the position is not identified as that of a
treasurer or a tax collector.
Warehouse
Receipts
Is
removed because it does not apply to government entities.
With the 6 22 edition, Transfer or Surrender of Property has
been removed from both CR 00 21 and CR 00 25.
Additional Premises or Employees
All references to consolidation,
merger, purchase, or acquisition of another entity in the Commercial Crime
Coverage Form have been removed. These are unnecessary because government
entities do not participate in such activities.
Consolidation–Merger or Acquisition
This condition is omitted from
the Government Crime Coverage Form since government entities do not engage in
mergers or acquisitions.
Employee Benefits
With the 06 22 edition, this
condition is now identical in each form.
Extended Period to Discover Loss
The Government Crime Coverage
Form does not incorporate the term termination, which was added to the
CR 00 21 in the 06 22 edition. Additionally, it omits mention of ERISA,
as it is not applicable to government entities.
Joint Insured
With the 06 22 edition,
this condition is now identical in each form.
Valuation–Settlement
With the 06 22 edition,
this condition is now identical in each form.
Indemnification
With the 06 22 edition, this
condition has been removed from the government form.
Termination as to Any Employee
With the 06 22 edition,
this condition has been removed from the government form.
Special Limit of Insurance for Specified Property
With the 06 22 edition,
this condition has been removed from both CR 00 21 and CR 00 25.
With the 06 22
edition, the numbers associated with each term in the Government Crime Form
have been changed due to the addition of three terms.
The Government Crime Coverage
Form removes the terms partners and members.
The Government Crime Coverage
Form substitutes “officials” for the phrase “partners, members, managers,
officers, directors, or trustees” in the Commercial Crime Coverage Form. It
also does not refer to mergers or acquisitions and does not include agents,
brokers, factors, consignees, or commission merchant terms used in the
Commercial Crime Coverage Form.
With the 06 22 edition, this term
has been added to the Government Crime Coverage Form. It excludes ERISA
Employee benefit plans but includes any benefit plan not subject to ERISA.
The Government Crime Coverage
Form removes the terms insured relative, partners, or members.
(06 22
edition)
This definition is identical in
both coverage forms. However, the Government Crime Coverage Form references
different sections of Insuring Agreement A, as follows:
·
It adds a
section for Insuring Agreement. A.1.b. Employee Theft–Per Employee. This
slight change in this definition is very significant.
·
Under
Insuring Agreement A.1a. Employee Theft—Per Loss Coverage, an occurrence
includes the actions of all employees who act in collusion with others.
·
Under
Insuring Agreement A.1.b. Employee
Theft—Per Employee Coverage, an occurrence includes the actions of each
employee who acts in collusion with others.
·
It does not
make reference to Employee Theft of Clients’ Property.
|
Example: Mary,
Paula, and Frank work at a branch of the Bureau of Motor Vehicles. They plan
to keep and evenly divide the proceeds from every tenth transaction. When
Mary becomes ill and leaves, Paula and Frank suggest their scheme to her
replacement. Instead of participating, she reports it to her supervisors. The
total loss amounts to $300,000. The BMV occurrence limit is $100,000. Scenario 1: Coverage is provided under Insuring Agreement A.1a.
Employee Theft—Per Loss Coverage. There is only one occurrence, so the most
the BMV can recover is $100,000. Scenario 2: Coverage is provided under Insuring Agreement A.1.b.
Employee Theft—Per Employee Coverage. Initially, there were three separate
incidents involving three employees. Each incident is counted separately. The
maximum payout for each case is either $100,000 or the amount stolen by that
employee, whichever is less. If the stolen money was divided equally among
the employees, the total payout could be $300,000. |
Both of these terms are included in the
Commercial Crime Coverage Form but not in the Government Crime Coverage Form,
as they are not applicable to government entities.