Summary: Category 25 of ISO crime forms consists of forty-nine various endorsements that change certain crime policy provisions. The endorsements have been developed to modify provisions in the crime and fidelity forms and policies. Most of the endorsements were revised in June 2022, a few were revised in 2010 or earlier, and a new endorsement was added in May 2023. The endorsements are presented in numerical order. In many of the updates minor formatting or editorial changes have been made, while others have more significant changes. Because there are so many endorsements, we have broken them into sections as follows:
Topics covered:
CR 25 41 Include Designated Persons or Classes of Persons as Employees
CR 25 42 Include Computer Software Contractors as Employees
CR 25 43 Add Faithful Performance of Duty Coverage for Specified Government Employees or Positions
CR 25 45 Include Virtual Currency As Money
CR 25 46 Include Virtual Currency As Money
CR 25 48 Include Indemnity Of Bonded Officials
CR 25 49 Include Designated Agents As Erisa Plan Officials
CR 25 50 Erisa Employee Benefit Plans – Schedule Limit Of Insurance
CR 25 51 Non-Erisa Employee Benefit Plans – Schedule Limit Of Insurance
CR 25 52 Labor Organizations Amendatory Endorsement
CR 25 41 allows an insured to add a person or classes of persons to the policy as an "employee" by listing them on the Schedule. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, the Commercial Fidelity and Forgery Policy, the Government Crime Coverage Form, the Government Crime Policy, and the Government Fidelity and Forgery Policy.
This endorsement allows an insured to add a computer software contractor to the policy as an "employee" by listing him in the Schedule, along with a Limit of Insurance. Each computer software contractor and their partners, members, officers, and employees shall be considered to be one employee for the purposes of this insurance. Coverage is not provided for faithful performance of duty, only for theft as provided under the employee theft insuring agreement. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, the Commercial Fidelity and Forgery Policy, the Government Crime Coverage Form, the Government Crime Policy, and the Government Fidelity and Forgery Policy.
This endorsement allows the insured to add faithful duty of job performance as a covered loss under the employee theft—name or position schedule insuring agreement. An exclusion of loss from the failure of an entity acting as a depository for the insured's property, or property the insured is responsible for, has been added. Also excluded are damages the insured is legally liable for that result in the deprivation/violation of someone's civil rights by an employee, or the tortious conduct of an employee, with an exception for the conversion of property of other parties held by the insured. The 2022 revision adds exclusions for loss of property belonging to any employee benefit plan, and loss resulting from an employee following fraudulent instructions. This endorsement can be used with the Government Crime Coverage Form, the Government Crime Policy, and the Government Fidelity and Forgery Policy.
This endorsement provides coverage for virtual currency, whether actual or fictitious, including digital currency, cryptocurrency, or any other type of electronic currency, which is excluded in the commercial crime policy. It applies to the employee theft or computer and funds transfer fraud insuring agreement designated in the Schedule, with a corresponding Limit of Insurance.
The loss will be determined by the value of the virtual currency at the close of the business day when the loss was discovered, determined by the rate of exchange on the Exchange shown in the Schedule. The insurer has the option to pay the value of the virtual currency in its US dollars equivalent, or replace it in kind. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, the Government Crime Coverage Form, and the Government Crime Policy.
This endorsement is similar to CR 25 45, seen above, but applies to the Commercial Fidelity and Forgery Policy and the Government Fidelity and Forgery Policy. CR 25 45 applies to the commercial and government crime forms and policies. This endorsement only applies to the employee theft insuring agreement, as the computer and funds transfer fraud insuring agreement found in the crime policies is not a part of the fidelity and forgery policies.
This endorsement will indemnify any of the insured's officials who are required by law to give bond for the faithful performance of their duties, when a theft loss caused by any employee serving under them results in default of the bond. This provision previously appeared in the government crime coverage forms and policies, but is now offered through this endorsement. This endorsement can be used with the Government Crime Coverage Form, the Government Crime Policy, and the Government Fidelity and Forgery Policy.
This endorsement amends the definition of "ERISA plan official" to include any person, partnership, or corporation the insured appoints in writing to act as an agent in the capacity shown in the Schedule. The Schedule also includes a Limit of Insurance which is a part of, not in addition to, the Limit shown in the Declarations applicable to the ERISA plan official dishonesty insuring agreement. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, and the Commercial Fidelity and Forgery Policy.
This endorsement can be used to schedule individual limits of insurance for each ERISA employee benefit plan offered by the insured for loss sustained by that plan. The sum of the individual limits then becomes the Limit of Insurance for the ERISA plan official dishonesty insuring agreement shown in the Declarations.
ERISA regulations require the limit for covered ERISA plans to be written in an amount necessary to provide coverage as if each plan were separately insured. ERISA employee benefit plans holding no employer securities are required to have an amount of coverage at a minimum of 10% of the funds handled as of the effective date of the policy, or $500,000, but never less than $1,000. Plans holding employer securities are required to have an amount of coverage at a minimum of 10% of the funds handled as of the effective date of the policy, or $1,000,000, but never less than $1,000.
This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, and the Commercial Fidelity and Forgery Policy.
This endorsement is similar to CR 25 50, seen above, but for non-ERISA employee benefit plans. Since it applies to non-ERISA plans, they are not subject to ERISA regulations. A Schedule is provided to list the names of the employee benefit plans and an applicable limit of insurance.
This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, the Commercial Fidelity and Forgery Policy, the Government Crime Coverage Form, the Government Crime Policy, and the Government Fidelity and Forgery Policy.
This endorsement replaces the coverage provided by the employee theft insuring agreement to provide coverage for fraudulent or dishonest acts committed by employees, required under the Labor-Management Reporting and Disclosure Act of 1959. It also amends the definition of employees to include non-compensated officers, non-compensated dues collectors, shop stewards, and shop chairpersons. It can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, and the Commercial Fidelity and Forgery Policy.
This endorsement is similar to CR 25 52, seen above, but replaces the coverage provided by the employee theft – name or position schedule insuring agreement to provide fraudulent or dishonest act coverage. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, and the Commercial Fidelity and Forgery Policy.
This endorsement adds verification requirements when a change of account request or a transfer instruction is requested by the insured or the purported insured. It is a safeguard against potential scams. The insured is required to make a reasonable effort to verify, but not through email or by using contact information included in the change of account request or in a transfer instruction, the authenticity of such requests. Contact information included in those requests could potentially be part of a scam. One verification method the insured could use is contacting the person requesting the change through telephone to verify the request. This endorsement can be used with the Commercial Crime Coverage Form, the Commercial Crime Policy, the Government Crime Coverage Form, and the Government Crime Policy.
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