Análisis jurídicos de la ejecución de la póliza de infidelidad y riesgo financiero en Colombia en el sector estatal: ¿instrumento eficaz o formalismo sin consecuencias reales?

Abstract

The Fidelity and Financial Risks Policy is a property damage insurance policy that protects companies across all sectors, as well as public entities, against fraud, dishonest acts, or acts of corruption committed by their employees, public servants, contractors, or directors, whose intentional misconduct causes financial losses and damages to the insured's assets. The origin of this policy dates back to Standard Form No. 24, which was introduced in the United States around 1916. It was later adopted as Standard Form No. 1, developed by the Surety Association of America (SFAA), and has since undergone significant revisions in 1941, 1946, 1951, 1969, 1980, 1986, and 2004. In the U.S. market, this type of coverage is primarily purchased by banks and other financial institutions. Its terms, conditions, and scope of coverage are governed by the provisions established in Standard Form No. 24. Coverage under the policy is subject to compliance with the following requirements: (1) the insured must demonstrate that the loss occurred during the policy period; (2) the insured must provide timely notice of the loss to the insurer; (3) the insured must establish that, prior to entering into the insurance contract, it had no knowledge of the employee's dishonest conduct; and (4) there must be sufficient evidence that the employee acted intentionally and fraudulently with the purpose of obtaining a benefit for themselves or for a third party.