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With current headlines consistently delivering the dire message of a "sub-prime mortgage meltdown," is your community bank perceived as creditworthy by your target depositor base? Have you reassured depositors of your bank's ability to meet its credit obligations?  
 
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Rodney N. Sargent, President and CEO of BancInsure, Inc. announced today “that BancInsure will be holding firm on rates for the professional liability lines of business for the duration of 2008.”
           
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Remote Deposit Capture

Banks are beginning to offer a new service to their business customers.  Business customers at some banks can make their deposits literally without leaving their places of business.  With acquisition of the proper technology and bank approval, bank customers scan the checks to be deposited into the equipment provided.  The equipment develops “electronic checks” which are transmitted to the bank for deposit to the business’ account. The electronic checks are charged against other customer accounts or forwarded to the Federal Reserve Bank or the bank’s correspondent bank to be forwarded to the banks on which the checks were drawn.  (In some cases the banks receiving the electronic deposit “reconvert” the electronic checks to paper documents for further processing.) This new service offers the obvious benefits to the customer of not having to go to the bank.  It also benefits the bank in that it reduces the number of teller transactions and paper checks that flow through the bank.

With the benefits, however come risks.  One of the major risks involves the bank customer retaining the original check.  There is the risk of the original paper check being negligently or fraudulently presented for deposit at the bank where the remote deposit was made or another bank.  Under this scenario when the original paper check is also charged against the account of the drawer of the check, the drawer presumably will refuse payment as a duplicate.  The paper check will charged back against the bank of deposit and it will be the bank of deposit’s responsibility to collect from the depositor. 

To address this risk and other risks, banks utilizing remote deposit capture should develop an application process to screen prospective customers who wish use the service.  Decisions to allow use of remote deposit capture should consider such factors as, how long has the prospective remote depositor been a customer of the bank, account history (overdrafts, non sufficient fund checks, etc), nature of the business, financial condition of the business, length of time in business, etc. 

If a decision is made to allow remote capture deposit, the customer should be required to sign and abide by a comprehensive agreement. The agreement should address such issues as duties and liabilities of the customer and the bank and the procedures to be followed by the customer.

One of the issues that should be addressed in an agreement is the liability in the event an original paper check is accepted for deposit by the bank in addition to the “electronic check.” It is this writer’s understanding that under the Check Clearing for the21st Century Act (Check 21) the bank forwarding the remotely deposited electronic check is liable in the event that the original paper check or duplicate is presented for payment. But Check 21 does not access any liability on the customer who remotely deposited the check.  Therefore, it is very important that the agreement contain a provision requiring the depositor to accept liability for any duplicate deposits.

Given the risks of duplicate deposits, the required procedures for banks should address methods of minimizing this risk.  One possibility is the placement of the wording such as “scanned or processed” on the paper check when it is transmitted.  The agreement should also address how long the original paper checks should be retained by the customer, the security under which these checks are held and method of destruction.

There are other issues to consider that are beyond the scope of this article.  While remote capture deposit can be a benefit for the bank and its customers, it should be carefully considered before this service is offered.

BancInsure has become a leading writer of Financial Institution Bonds and Directors’ and Officers’ Liability Policies in the United States by providing a sound, stable market, excellent service and fair claims service.  If you would like to learn more about BancInsure coverages, please contact your BancInsure marketing representative.


The Flood Insurance Agency Forms Strategic Marketing Alliance with BancInsure, Inc.

The Flood Insurance Agency (TFIA) has entered into an agreement with BancInsure, Inc. wherein  BancInsure will market TFIA’s total flood insurance compliance solution to their existing client base of approximately 2200 community banks and will utilize the flood compliance solution to attract new bank clients.

Rod Sargent, CEO of BancInsure, signed the agreement with TFIA today. “TFIA and their full compliance solution reflects the type of relationship we seek as the premier provider of risk management solutions for community banks,” says Sargent.

TFIA markets FEMA standard flood hazard area determinations, FEMA standard flood insurance policies and FEMA lender placed flood insurance. A new private label program provides BancInsure with a name branded online instant response zone determination website, bancinsure.floodcert.com. A second private label program, www.bancinsureflood.com, advertises the BancInsure name and logo on FEMA standard flood insurance policies.

A third website, www.MPPPFlood.com, is an automated solution for keeping lenders' loan portfolios in compliance with federal flood insurance regulations. The automated system allows lenders to instantly calculate lender placed flood insurance premiums, print FEMA required warning letters, generate applications to place insurance, and print all documents required to cancel a policy. MPPP policies are the only lender placed policies whose claim payments are funded by the United States Government.  

"Possibly the most unique and well accepted feature of MPPPFlood.com is our patent pending OSPCP," said Evan Hecht, Chief Executive Officer of TFIA. "It is the first lender placed flood insurance program that clearly shows borrowers the benefit of replacing a lender placed flood policy with a policy they choose to purchase themselves."

The optional standard policy conversion is comprised of a series of automated letters sent to borrowers by TFIA encouraging the borrower to contact their staff of licensed flood insurance professionals. Lender clients can choose to opt in or out of Optional Standard Policy Conversion Program (OSPCP). Moreover, each lender can choose online which borrowers they would like to enroll in the program. Both MPPPFlood.com and OSPCP are provided to lender clients of TFIA free of charge.

The Flood Insurance Agency (TFIA) is a technology-driven, independent insurance agency devoted entirely to providing flood insurance solutions to individual property owners, insurance agents, mortgage lenders and public housing authorities. The Company's website, offers National Flood Insurance Program (NFIP) flood insurance quotes and FEMA Standard Flood Hazard Area Determinations. The Company markets www.MPPPFlood.com , the first software to automate FEMA's Mortgage Portfolio Protection Plan (MPPP) lender placed flood insurance program. The Company services clients in 50 states and the District of Columbia, and is headquartered in Kalispell, MT.


BancInsure Announces Appointments


Rodney N. Sargent

BMSI Holdings, the holding company for BancInsure, Inc, announced a number of promotions and appointments following their annual shareholders meeting in Dallas, TX.

Rodney N. Sargent was appointed President of BMSI Holdings and Chief Executive Officer of the companies, and was elected a director of the company.

Sargent, 45, joined the company in December 2006 as President of BMSI Marketing, Inc, the sales and marketing arm for BancInsure.  His experience includes executive management with several national insurers, including executive roles with Seattle-based Safeco as Corporate Marketing Officer and Corporate E-Commerce Officer.   Mr. Sargent was also the Vice President of Marketing for the Property & Casualty Companies of United Services Automobile Association (USAA).  Prior to joining BancInsure, Mr. Sargent was Corporate Vice President and Chief Marketing Officer for Argonaut Group.  

Rodney Sargent is a graduate of Portland State University and Seattle University's Executive Leadership Program at the Albers Graduate School of Business.


Barbara A. Ewing

Barbara A. Ewing was appointed President and Chief Operating Officer for BancInsure, a wholly owned subsidiary of BMSI Holdings, Inc.  She was also elected as a director of BMSI Holdings, Inc.

Ms. Ewing was most recently the Vice President of Bond & Professional Liability Underwriting for BancInsure, joining the company in May, 2006.  She has held a number of leadership roles with Zurich North America Financial Enterprises (formerly The Fidelity & Deposit Company of Maryland).   She holds a B.A. from Lehigh University and is an Associate in Fidelity and Surety Bonding.


Cynthia F. McInerney

Cynthia F. McInerney was appointed Executive Vice President, Chief Financial Officer, Secretary, and Treasurer for BMSI Holdings, Inc. and all subsidiary companies.  Cynthia was also elected as a director of the company.

McInerney has been with BancInsure since it’s founding in 1985, serving as Secretary, Treasurer and Chief Financial Officer since 2003.  Ms. McInerney holds a B.S. in Accounting and an M.B.A. from the University of Illinois.  She is a member of the Oklahoma Society of CPA’s and the AICPA.

Galen T. Pate, the Company's chairman, said: "These actions reflect our faith in the leadership team and our commitment to the direction, strategies, and objectives already underway.  With these changes, we are well positioned to achieve the sustained and profitable growth we seek.”

Founded in 1985 as the only truly independent insurer focusing completely on financial institutions, BancInsure's understanding of financial institutions and their intricate operations is unmatched in the market.  This translates to extraordinary value to our customers as this understanding permeates the fiber of all areas of the company's operation.


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