| Subject: |
Blanket Bond Coverage |
Recently, some state-chartered banks have been given notice
by their bonding company (insurer) that their blanket bond coverage
will be cancelled. The reasons for the cancellation may or may
not be given to the bank concurrently with notice of cancellation.
Reasons the insurer has given for cancellation include:
- Failure of the bank to comply with the insurer's request
to strengthen audit programs and procedures and to establish
formal policies for loans, conflicts of interest, investments,
directors' reports, and cash controls;
- Substantial overall loss experienced by the insurer;
- Increased number of claims or size of claims by the bank;
- An overall increase in the number of internal loss claims.
Insurers have been raising the premiums and deductible amounts
on blanket bond coverage in an attempt to overcome rising costs
and to encourage banks to take the actions necessary to minimize
losses. While some of the insurers' rising costs can be attributed
to general economic conditions, a significant portion is attributable
to the tendency of banks and their Boards to rely on insurance
rather than management to minimize bank losses.
Section 221 of the Banking Code of 1969 provides as follows:
"(1) The Board of Directors shall require every employee
concerned in the handling of monies, accounts or securities
of the bank, who can be bonded, to be bonded by a surety company
authorized to do business in this state in such an amount as
shall be determined by them. The bank shall pay for any surety
bonds required of its employees.
(2) The Commissioner shall require every bank to provide
reasonable protection and indemnity against burglary, defalcation
and other reasonably required insurable losses. Whenever a
bank refuses to comply with such requirement, the Commissioner
may contract for the protection and indemnity and charge the
same to the bank. If the charge is not paid, the Commissioner
may collect the same in an action instituted by the Attorney
General."
The Board thus has a legal duty as well to conduct the business
of the bank in a manner that will minimize the risk of cancellation
of the bank's insurance and avoid unnecessary increases in premium
costs.
We hereby request that you notify the Bureau immediately if
you receive a notice of cancellation from your insurer. We also
request that you inform the Bureau if your bank is experiencing
difficulty in obtaining a renewal of your present insurance
so that we may assist to the extent possible.
This bulletin should be made a part of the official minutes
of the Board of Directors.
| Signed: |
Richard J. Francis, Commissioner |
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| Dated: |
December 8, 1976 |
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