Fidelity and Surety 2014-2015 Book · PDF fileContoesw.SwtehhhpABsrg8gpso0 3 Fidelity and...

Fidelity and Surety

2014-2015 Book Catalog www.shopaba.org

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Contents

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2 The Law of Performance Bonds, Second Edition

2Performance Bond Manual of the 50 States, District of Columbia, Puerto Rico, and Federal Jurisdictions

3 Bond Default Manual, Third Edition

4 Managing and Litigating the Complex Surety Case, Second Edition

5 The Construction Project

6 The Law of Payment Bonds, Second Edition

7 Payment Bond Manual, Third Edition

8The Law of Commercial Surety and Miscellaneous Bonds, Second Edition

9 Probate Bonds

10 The Surety and Bankruptcy

11The Surety’s Indemnity Agreement: Law and Practice, Second Edition

12The Restatement of Suretyship and Guaranty: A Translation for the Practitioner

13 Contract Bond Surety’s Subrogation Rights

14 Financial Institution Bonds, Third Edition

15 NEW! Annotated Financial Institution Bond, Third Edition

16 Loan Loss Coverage Under Financial Institution Bonds

17 Commercial Crime Policy, Second Edition

18 Annotated Commercial Crime Policy, Second Edition

19 Handling Fidelity Bond Claims, Second Edition

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Product Code 5190446

$129.95 General Public$99.95 TIPS Members



the law of performance Bonds, Second editionLAWRENCE R. MOELMANN, MATTHEW M. HOROWITZ, AND KEVIN L. LYBECK, EDITORS2009, Paperback, 898 pages, 6x9

The second edition of The Law of Performance Bonds provides a practical guide for initiating and perfecting performance bond claims, as well as a detailed analysis of potential defenses to such claims. For each of the commonly-used bond forms, this treatise addresses the prerequisite conditions to asserting a claim, the possible remedies and recoveries available to a project owner, the completion options afforded to the surety, and the defenses that may be available to a surety. The treatise also addresses the bankruptcy implications of any performance bond claim, the surety’s rights to the undisbursed contract balance, and its rights to recover its losses against the bonded contractor, its indemnitors, and third parties. In addition to serving as a “how-to” guide for owners and lawyers that are new to suretyship, it is an excellent resource for experienced surety practitioners seeking to identify emerging industry trends and pertinent case law.

performance Bond Manual of the 50 States, district of Columbia, puerto rico, and Federal JurisdictionsLAWRENCE LERNER AND THEODORE M. BAUM, EDITORS2006, Paperback, 647 pages, 6x9

The Performance Bond Manual is an essential tool for all surety practitioners involved with performance claims in any jurisdiction. The book is a comprehensive resource, including chapters dedicated to legal issues relating to performance bonds in each state, plus the District of Columbia, Puerto Rico and for performance bonds governed by the federal Miller Act. For each of these jurisdictions, the manual provides an overview of the legal issues likely to be confronted by any practitioner involved in performance-bond claims. Included in each chapter, in a standardized and user-friendly layout, is a detailed examination of statutory requirements for bonds, the damages for which the surety may be liable, legal impacts on the performance bond limitation, the parties afforded protection by the performance bond, pre-suit notices or filings required by law, relevant procedural rules, coverage for attorney’s fees, and other special provisions. In addition, each chapter includes case-law briefs that address treatment of the frequently used AIA performance bond forms and performance bond subrogation issues. This volume is a must for every surety practitioner’s book shelf, where it will serve as a vital practice resource.

http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214574


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Bond default Manual, third editionDUNCAN L. CLORE, RICHARD E. TOWLE AND MICHAEL J. SUGAR, JR. EDITORS 2005, Paperback, 784 pages, 6x9

The third edition of the Bond Default Manual is an essential reference tool for all surety practitioners. The manual provides an “A to Z” discussion and analysis of the elements of a bond default and the rights and obligations of the performance bond surety. It examines each of the surety’s completion options when faced with a bond default, together with the techniques and strategies employed to effectively handle performance bond claims.

The book’s various chapters address: (a) performance bond language and obligations, relevant contractual and statutory provisions, associated general agreements of indemnity, the necessity of the default, the surety’s investigation and analysis of a default, and the effective use of consultants and outside counsel; (b) the surety’s response to a bond default, including separate chapters examining the surety’s options of financing the principal; (c) takeover and completion; (d) tender and completion by the bond obligee, together with useful checklists, practice tips, and forms; (e) public works projects and special considerations when dealing with governmental owners; (f) bankruptcy considerations and how to deal with competing creditors and attempts by defaulted principals to reorganize; (g) extra-contractual damage claims; (h) strategies to minimize loss through the effective use of insurance coverage; (i) ethical considerations and potential conflicts presented by dual representation of both the principal and surety; and (j) the surety’s salvage/subrogation rights. The book also provides a compendium of useful practice forms which accompany each chapter.

This comprehensive book is an essential resource with respect to the rights and obligations of the performance bond surety faced with a bond default and belongs in the library of every surety practitioner.

Coming Spring 2015Bond default Manual, Fourth editionMIKE F. PIPKIN, CAROL Z. SMITH, THOMAS J. VOLLBRECHT AND J. BLAKE WILCOX, EDITORS 2015, Paperback, 6x9

Bond Default Manual, 4th Edition, will be available for purchase in conjunction with the FSLC Spring CLE Meeting in May 2015. The Fourth Edition of this seminal FSLC publication will include not only updates on chapters from the Third Edition and a second volume of forms, but also new chapters discussing: (a) the construction contract provisions critical to the performing surety; (b) the surety’s relationship with the completion contractor; (c) the surety’s relationship with the principal’s subcontractors and suppliers; (d) the performing surety’s additional obligations; and (e) the performing surety’s mitigation and reduction of loss.


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Managing and litigating the Complex Surety Case, Second editionPHILIP L. BRUNER AND TRACEY L. HALEY, EDITORS2007, Paperback, 750 pages, 6x9

The second edition of Managing and Litigating the Complex Surety Case is an essential reference tool for all surety practitioners. The authors expertly walk the surety practitioner through the sophisticated issues that arise in the preparation for and trial of the “mega” construction surety case. It examines the complex decisions facing the surety when confronted with litigation involving multiple parties, project locations, claimants, potential sources of salvage, and forums for dispute resolution. It also discusses techniques and strategies employed to most effectively handle the complex cases from the surety’s perspective.

The book addresses: (a) the development of a strategic road map, including analyzing the surety’s performance bond exposure, the surety’s contract rights and defenses, and the surety’s recourse against third parties; (b) case management issues and efforts designed to avoid or minimize litigation; (c) the surety’s recourse against its principal and indemnitors, third parties, and against property and liability insurers of the obligee, principal and subcontractors; (d) the adoption of Building Information Modeling to improve the way in which projects are designed and constructed; (e) actions a surety may take in a bankruptcy proceeding filed by a principal, obligee or payment bond claimant; (f) electronic discovery; (g) the legal doctrines affecting quality of work issues; (h) proving and defending time impact claims; (i) proving and defending damages; (j) shaping the themes, story and evidence for trial; and (k) preparing, presenting and appealing the complex surety case.

This comprehensive book is a vital resource that provides any construction and surety law practitioner with an essential analysis of the myriad issues that arise in complex surety cases.




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the Construction projectMARIANNE SUSONG AND MARILYN KLINGER, EDITORS2006, Paperback, 348 pages, 6x9

Gain an overview of construction projects with The Construction Project, a primer that deals with construction projects from the initial design through the final project “close out.” The book focuses on providing a clear understanding of the phases (such as project procurement options, including design-bid-build and design-build); people (such as the architect, general contractor, the subcontractors); terms (such as request for information or liquidated damages); paperwork (such as sample construction contracts and payment applications); and processes (such as the change order or termination process) involved in construction, be it an office building, a school, a bridge, or a highway. The Construction Project serves as a handy resource for anyone approaching a construction project for the first time, whether a new contractor, engineer, architect, construction manager, surety-bond broker, lawyer, or bond-claim handler. While there are countless books addressing specific construction concepts there are few resources like this book that provide a comprehensive overview of the key concepts that form the basis of any construction practice.

Cgl/Builder’s risk MonographMATTHEW HOROWITZ, LAWRENCE LERNER, PATRICK J. O’CONNOR, JR., AND DAVID C. OLSON, EDITORS2004, Paperback, 96 pages, 7x10

Surety bonds and insurance policies are provided on virtually every construction project of any substantial size. While surety bonds and construction-related insurance policies address separate risks, they may at times be an overlap in coverage. This book examines the following topics: (1) the relationship between construction-related insurance policies and contract surety bonds; (2) the scope of CGL coverage; (3) builder’s risk policies; (4) project management protective liability coverage; (4) and practical considerations for the surety in seeking to secure coverage through the principal’s insurance policies. The intended audience for this resource is surety-claims representatives and other construction professionals involved in surety claims who seek further knowledge of issues related to coverage under construction-related insurance policies, and the relationship between such policies and surety bonds. This publication is intended as an issue-spotting tool and includes a detailed bibliography that directs the reader to articles and other publications that cover issues in greater depth. It offers an ideal time-saving starting point for any surety practitioner.



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the law of payment Bonds, Second editionKEVIN L. LYBECK, WAYNE D. LAMBERT, AND JOHN E. SEBASTIAN EDITORS2011, Paperback, 921 pages, 8 1/2 x 11

The Law of Payment Bonds, Second Edition, provides a current and comprehensive analysis of the law related to all forms of payment bonds, whether they are issued pursuant to federal or state law or represent private bonds. The fifteen chapters of the book address all aspects of payment bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, how a payment claim is made and supported, and sureties’ potential defenses to claims on such bonds. The book further explores various adjudicative issues involving arbitrations and lawsuits, such as venue, jurisdiction, proof requirements, and limitations. Additional topics in the book include bankruptcy and extra-contractual considerations as well as a wide range of other issues, including the payment bond surety’s right of equitable subrogation. This book is an indispensable reference for surety and construction practitioners, as well as for general practitioners who may be involved with payment bond claims.


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payment Bond Manual, third editionWAYNE D. LAMBERT, TODD R. BRAGGINS, AND J. BLAKE WILCOX, EDITORS2006, Paperback, 644 pages, 6x9

Payment Bond Manual, Third Edition, provides the reader with an easy to read, utilitarian primer on payment bond law for each of the fifty United States, as well as the territory of Puerto Rico, the District of Columbia, and the law of federal Miller Act payment bonds. Each chapter contains brief descriptions of the statutes and cases relevant to payment bond law of each jurisdiction and offers a basic examination and analysis of payment bond law for both surety claims representatives and practitioners. The book provides information regarding the required bond amount; labor, material, and tiers covered; required notice; and time for suit for each jurisdiction. The authors also discuss contracts excluded from bond coverage; procedures particular to a jurisdiction; the award of attorney’s fees, interest and finance charges; as well as unique jurisdictional issues. Each chapter concludes with case summaries that provide useful understanding of each jurisdiction’s law.

The Payment Bond Manual is a comprehensive and essential reference tool for both surety claims professionals and practitioners.


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the law of Commercial Surety and Miscellaneous Bonds, Second editionBRUCE CHARLES KING, RICHARD E. TOWLE, SAMUEL J. ARENA, JR., AND SAM H. POTEET, JR., EDITORS2012, Paperback, 664 pages, 6x9

This book provides a detailed analysis of the law relating to various commercial and miscellaneous bonds. Nineteen types of surety and miscellaneous bonds are discussed, including the basic nature and purpose of such bonds, what they cover, who is entitled to coverage, and the surety’s defenses to claims under such bonds. The book comprehensively examines underwriting and claims issues relating to developer/subdivision, financial guaranty, probate, reclamation, bail, trustee/receiver, license/permit, mechanics lien discharge, judicial, medicare/medicaid, public official, fringe benefit, customs, alcohol/tobacco, workers comp, admiralty, lost instrument, notary, and warehouse bonds. Many of the legal principles analyzed are applicable to virtually any kind of commercial bond written in the industry today. The book includes detailed footnotes citing case law from courts around the country and applicable state and federal statutes relating to such commercial and miscellaneous bonds. In addition, the book includes a chapter on the commercial surety’s collateral in a principal’s bankruptcy case.

This book is an indispensable reference tool for both the experienced and entry-level claim professional and practitioner, as well as for general practitioners seeking an understanding of complex area of law.




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Coming early 2015the law of probate Bonds, Second editionJEFFREY M. FRANK AND SHARON A. SERGEANT, EDITORS2015, Paperback, 6x9

This book provides a detailed discussion of all aspects relating to probate bonds. The twenty chapters of the book cover topics ranging from public policy regarding the need for probate bonds to claim handling to many different defenses and special situations. The twenty chapters of the book include: Public Policy – Why Require Probate Bonds, Underwriting/Issuing Probate Bonds and the Roles of Agents, Types of Probate Bonds, Claimants on a Bond, Conditions or Requirement for Claims on Probate Bonds, Statute of Limitations: When the Surety’s Liability Can be Laid to Rest, Handling and Disposition of Fiduciary Bond Claims: Types of Claims and Damages, Liability of Surety for Loan to Fiduciary from Estate, Liability for Loss Occurring Prior to Effective Bond Date, The Impact of Attorney Negligence on The Probate Bond Surety, The Surety’s Liability for Misconduct of Co-Fiduciaries, Fiduciaries Serving the Estate in Multiple Capacities, Non-Estate Property Obtained under Color of Office, The Prudent Investor Rule and Exposure of the Probate Surety, Prior Judgment Against the Principal, Penal Sum Issues Relating to Probate Bonds, Defenses Available to the Probate Bond Surety, Probate Bonds: Recovery and Salvage, Bankruptcy and Probate Bonds, and Practical Guide to Handling Probate Bond Claims.

The book includes detailed footnotes citing case law from courts around the country and applicable state statutes relating to probate bonds.

This book is an indispensable reference tool for both the experienced and entry-level claim professional and practitioner, as well as for general practitioners seeking an understanding of this complex area of law.

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the Surety and BankruptcyALBERTA “ALI” L. ADAMS, J. BLAKE WILCOX, AND STEVEN H. RITTMASTER, EDITORS2010, Paperback, 320 pages, 6x9

This specialized volume is an invaluable guide for attorneys confronting the costly and often confusing intersection of surety and bankruptcy. The authors expertly walk the surety practitioner through the bankruptcy process, explaining where and how it intersects with issues unique to surety law.

The book’s thirteen chapters address: (a) an overview of the bankruptcy process and the initial actions to be taken by the surety after the filing of a bankruptcy petition; (b) the surety’s rights to contract balances, the use of debtor property, post-petition financing and extensions, the surety’s claim in bankruptcy, and the potential cancellation of surety bonds; (c) setoff, objections to discharge, and preference actions; and (d) the surety’s potential strategies in a Chapter 11 reorganization proactive use of the bankruptcy code, and minimization of a bankruptcy’s impact on the surety’s rights.

Surety claim representatives and practitioners will inevitably contend with a principal’s bankruptcy. The Surety and Bankruptcy provides crucial insight into key concepts and strategies that may significantly increase the likelihood of favorable outcomes for the surety in dealing with its principal’s bankruptcy and is a must for surety practitioners.


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the Surety’s indemnity agreement: law and practice, Second editionMARILYN KLINGER, GEORGE J. BACHRACH, AND TRACEY L. HALEY, EDITORS2008, Paperback, 665 pages, 6x9

A surety’s general indemnity agreement defines the surety’s contractual relationship with its principal and indemnitors. Sureties have common law rights of exoneration, quia timet, indemnity and reimbursement, subrogation, and contribution. The surety’s indemnity agreement expands and clarifies those rights to protect sureties from loss and expense arising from having issued bonds on behalf of their principals. This detailed and comprehensive book addresses the foundation for the surety’s indemnity rights; the creation of the indemnity relationship and those companion documents that relate to the indemnity agreement; and examines numerous indemnity agreement provisions, cases, and secondary authorities to describe and analyze the surety’s indemnity agreement rights. The book includes discussions regarding indemnity and reimbursement (the surety’s basis for its claims and damages in indemnity actions); enforcement of the surety’s indemnity and reimbursement rights; the surety’s rights regarding collateral (the right to demand collateral, assignment rights, and trust fund rights); the surety’s rights in handling bond claims (books and records rights, right to settle bond claims and the principal’s affirmative claims, the surety’s advances and loans to the principal, and the surety’s takeover rights); among other topics. The book also addresses the defenses that principals and indemnitors may raise to a surety’s enforcement of its rights under an indemnity agreement. Finally, the book discusses how the Bankruptcy Code affects the surety’s rights under its indemnity agreement.

In order to assist the reader, the appendices to the book include a detailed bibliography of books, articles, and papers concerning the surety’s indemnity rights and lists of applicable cases (by jurisdiction and alphabetically).

There is no other resource available that provides such an in-depth understanding of the contractual terms and provisions and the relevant law relating to the surety’s indemnity agreement. It is a “must have” book for any surety or other practitioner whose clients may have executed a surety indemnity agreement.


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the restatement of Suretyship and guaranty: a translation for the practitionerT. SCOTT LEO AND DANIEL MUNGALL, JR., EDITORS2005, Paperback, 192 pages, 6x9

Often used and cited by courts and legal scholars, the Restatement focuses on the application of broad suretyship principles in all jurisdictions. Unfortunately, the Restatement sometimes uses outdated language that is not commonly used by today’s practitioners and that may render the text unapproachable. The goals of this publication are to provide an explanation of how the Restatement rules and commentary impact the everyday surety law practitioner and to offer a guide to make the practitioner more comfortable with the Restatement provisions and their application. Through insightful commentary and clear explanation, this book explains the Restatement’s approach to important suretyship concepts such as:

• The duties of the principal to the surety and the surety’s rights

• The surety’s rights of restitution and subrogation

• Suretyship defenses

• The effect on the surety of the obligee’s release of the principal

• Duties of the obligee

• Multiple secondary obligors, co-suretyship and sub-suretyship

• The effect of judgments in actions between the parties

• The statute of limitations

• Legally mandated bonds


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Contract Bond Surety’s Subrogation rightsGEORGE J. BACHRACH, JAMES D. FERRUCCI, AND DENNIS J. BARTLETT, EDITORS2013, Paperback, 768 pages, 6x9

This detailed and comprehensive book addresses the contract bond surety’s subrogation rights. The book flows from the general principles and required elements of the surety’s subrogation rights to the application of those rights in specific situations. The chapters address: (a) the basic issues and rights of the contract bond surety’s asserting its common law right to equitable subrogation, the treatment of the contract bond surety’s subrogation rights in the Restatement of the Law (third) Suretyship & Guaranty, and the parties’ rights to which the surety may assert its subrogation rights (Chapters 1-3); (b) the necessity of the principal’s default, the surety’s performance upon the principal’s default, and the surety’s notice of the assertion of its subrogation rights (Chapters 4-6); (c) the surety’s assertion of its subrogation rights to the bonded contract funds and other property in competition with the obligee, the principal, the principal’s subcontractors and suppliers, assignees/lenders, trustees and debtors in bankruptcy, taxing authorities and other governmental lien creditors, and the principal’s general and judgment creditors (Chapters 7-13); and (d) the surety’s subrogation rights to the obligee’s and principal’s common law and contractual setoff rights, the many issues involving the surety’s subrogation rights and claims against the federal government (including jurisdictional and substantive issues), and the surety’s assertion of its subrogation rights against third parties such as design professionals, lenders, insurers and others (Chapters 14-16).

This book is essential for both sureties and any other parties and their counsel competing with the surety for the bonded contract funds and other property.




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Financial institution Bonds, third editionDUNCAN L. CLORE, EDITOR2008, Paperback, 1,003 pages, 6x9

Financial Institution Bonds, Third Edition, contains the most comprehensive analysis and commentary available on the Financial Institution Bond. The book’s chapters examine the historical origin and development of the standard-form financial institution bond and its predecessor forms, and provide in-depth legal analysis and commentary by leading practitioners in the field construing each of the bond’s insuring agreements, as well as its principal exclusions and conditions to coverage. The book further provides chapters addressing important legal concepts such as loss and causation and examinations of the claim process from both the insured’s and insurer’s viewpoints, together with practice tips. Included within this essential reference for fidelity practitioners are in-depth discussions of the following topics:

• The history and development of the financial institution bond and its predecessor forms

• Insuring Agreement (A) – Employee Dishonesty coverage

• Who is a covered “Employee”?

• Insuring Agreement (B) – On-Premises coverage

• Insuring Agreement (D) – Forgery and Alteration

• Insuring Agreement (E) Securities

• Discovery of Loss

• The Loan exclusion

• General Agreement (F) and legal proceedings against the insured

• The potential income and principal other exclusions

• Conditions to recovery, including termination or cancellation, and the proof of loss requirement

• An insured’s guide to the effective investigation, presentation and resolution of the claim

• The management and investigation of the claim by the insurer

• Effective litigation strategy from both the insurer’s and insured’s viewpoints

• Recovery of loss

• A set of current and predecessor bond forms for ease of reference to readers


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annotated Financial institution Bond, third editionMICHAEL KEELEY, EDITOR2013, Paperback, 843 pages, 6x9

The all new Annotated Financial Institution Bond, Third Edition, puts together in one place everything a claim professional needs when analyzing the myriad issues that arise in the handling of a fidelity bond claim. As with earlier editions, the book seeks to examine every case construing each important provision of the standard-form Financial Institution Bond. Previous annotations that were deemed to be of little or no relevance have been omitted, while noteworthy older cases remain, making the later edition more concise and valuable to today’s practitioner. The annotations have been streamlined to include only those facts important to the stated holding of the case, and to limit the holding of each application to the section of the bond under discussion. Additionally, this new edition provides a concise scholarly analysis of the most common issues arising under each key section of the bond.

The book begins with a chapter addressing each of the seven Insuring Agreements of the standard bond form. It is followed by chapters on other critical claim issues, including discovery of loss; limits of liability; notice and proof of loss; valuation, assignment, and recovery; other insurance; ownership; and termination of coverage. It finishes with a chapter discussing important common bond riders and other miscellaneous topics, including sections on the ever more important topic of electronic crime, as well as sections on loss, causation, and the retroactive date rider. This is one book that every claims professional should be sure to have within easy reach.


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loan loss Coverage Under Financial institution BondsGILBERT J. SCHROEDER AND JOHN J. TOMAINE, EDITORS2007, Paperback, 720 pages, 6x9

This publication contains a comprehensive analysis and commentary regarding the complex issues involved in loan loss claims under financial institution bonds. The book examines the development of insuring agreements (A) and (E) and the loan loss exclusion, and also provides expert legal analysis and commentary by leading fidelity practitioners of the case law construing such insuring agreements, as well as other key exclusions. The book includes detailed analyses of important legal concepts such as loss and causation, discovery, and termination, together with other insightful practice tips. The book’s fourteen chapters include a detailed discussion and analysis of the following topics:

• Loan loss coverage under Insuring Agreements (A) and (E)

• The Loan Loss Exclusion

• Determining the amount of the loan loss and the potential income exclusion

• Discovery and termination

• Specific types of claims and riders

• Loan loss claims under D&O and E&O policies

• An analysis of loan losses from a banker’s perspective

• Quantifying loan loss adjustments

• Investigating loan loss claims

• Using consulting and testifying experts


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new! Commercial Crime insurance Coverage

RANDALL I. MARMOR AND SUSAN KOEHLER SULLIVAN, EDITORS2014, Paperback, ___ pages, 6x9

Commercial Crime Insurance Coverage follows and expands upon the second edition of Commercial Crime Policy. Authored by experienced attorneys and claims handlers in the fidelity industry, it addresses some of the practical and ethical issues affecting the investigation, litigation, and resolution of commercial fidelity claims. It also examines how courts have construed the newest commercial crime risks, including cyber losses. As with the second edition of Commercial Crime Policy, the book begins with a history of the development of mercantile crime policies, and their interpretation and construction. Following chapters expand upon the construction of specific terms found within commercial crime insurance policies, as well as an exhaustive analysis of other issues that typically arise in the consideration of such claims, such as compensability of third party losses, discovery of loss, limit of liability, causation, cancellation and termination of coverage, and other key issues. An appendix includes copies of representative commercial fidelity coverage forms. It is a vital resource for anyone concerned with the nature and scope of insurance covering workplace fraud and, like other books in the FSLC Catalog, will be dog-eared, highlighted, and otherwise well-used by fidelity practitioners across the country.

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annotated Commercial Crime policy, Second editionCOLE S. KAIN AND LANA M. GLOVACH, EDITORS2006, Paperback, 750 pages, 6x9

The Annotated Commercial Crime Policy, Second Edition, includes an annotation of the major cases that construe relevant provisions of both standard forms and manuscript forms of the commercial crime policy organized by jurisdiction and court. For ease of reference, the annotations are organized into chapters that follow the outline of a standard-form commercial crime policy. The preliminary chapters address the history of commercial fidelity coverage, policy construction and interpretation, and loss and causation. The subsequent chapters track the standard insuring agreements, definitions, exclusions, and major coverage issues presented in a commercial crime policy. Each chapter begins with the quotation of a relevant bond provision, followed by a comment from a prominent fidelity practitioner. When appropriate, the authors note differences between the quoted bond form and other manuscripted forms that are available in the marketplace. Finally, each chapter includes a description of cases decided in the following courts:

• The United States Supreme Court

• The United States Circuit Courts of Appeal (organized by circuit)

• The United States District Courts (organized alphabetically)

• State courts (organized alphabetically and by highest to lowest court)

This book is an important tool for any claims practitioner trying to analyze the meaning and application of the provisions of the commercial crime policy. It is a well organized and comprehensive resource that allows a claims practitioner to research the body of case law that has developed on any particular commercial crime policy provision.

Coming Fall 2015annotated Commercial Crime policy, third editionA new Third Edition of The Annotated Crime Policy is coming in the fall of 2015! The Third Edition will contain comprehensive annotations of the most recent cases that construe relevant provisions of both standard and manuscript forms of the crime policy, as well as updated annotations for important historical cases. New chapters and sections in the Third Edition will include the more recently added insuring agreements for electronic transactions and losses and will address the interpretation of provisions designed for the paperless world. As with past editions, the Third Edition will continue to be a seminal reference resource for all fidelity practitioners.


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handling Fidelity Bond Claims, Second editionMICHAEL KEELEY AND SEAN DUFFY, EDITORS2005, Paperback, 786 pages, 6x9

Handling Fidelity Bond Claims is a “must have” reference book for any professional involved in handling bond claims. While an essential for the novice claim handler, it also is a valuable reference tool for even the most experienced claim professional, with analysis from many of the most respected and experienced fidelity law practitioners in the industry. After a brief chapter reviewing the history of fidelity insurance, it includes two chapters on bond claims from the insured’s standpoint, providing unique and invaluable insight from professionals experienced in representing insureds. The book continues with chapters discussing the claim handler’s initial analysis and response to the claim, analysis of the insured’s proof of loss, and a discussion of when and how to involve outside professionals. A lengthy chapter discusses the key elements of a sound and thorough claims investigation, including obtaining key documents and interviewing witnesses, and comments on key coverage issues often arising in bond claims. Other chapters examine key provisions of the standard fidelity bond form and provide recommendations and insight into the unique characteristics of handling various types of bond claims and issues that typically arise, from handling claims under the various insuring agreements, to assessing the limits of liability, how to determine when a loss is “discovered,” whether coverage terminated for a particular employee, loss and causation, and how to handle third-party claims. The book closes with valuable practical advice on topics ranging from avoiding retaliatory litigation, subrogation and mitigation, to bankruptcy related issues, and settlement. If there is one book any fidelity bond claims handler and practitioner should have on his or her shelf, it is Handling Fidelity Bond Claims.


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Invest in yourself – join TIPS. TIPS is the ABA’s home for emerging issues and technologies in tort, trial and insurance law. A membership in TIPS will improve your trial skills, increase your knowledge of the insurance industry, and keep you relevant on state and national issues.

Whether you are a trial lawyer for plaintiff or defense, or counsel involved in insurance work, you will find that TIPS membership provides you with information, ideas, strategies, and contacts that will help enhance your career goals. TIPS Members enjoy:

Valuable Networking Opportunities – access to a diverse network of attorneys in the areas of tort, trial & insurance law; the ability to tap into expert advice on day to day issues affecting your practice.

Over 30 General Committees offering newsletters, substantive conference calls and meetings providing information on national and state issues, new developments, new practice areas and new colleagues.

Cutting Edge CLE Programs – on-site, on the phone or on-demand – all designed to sharpen your skills with up to date information and numerous networking opportunities.

Relevant Periodicals and Publications – stay ahead of the curve with concise, comprehensive quarterly publications on trial tactics and developing areas of tort and insurance law.

If you are not yet a member of TIPS, gain a professional advantage and join for just $50.00 for ABA members.

Call 1-800-285-2221 or visit http://ambar.org/tipsmembership.

tipS Membership

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Fidelity and Surety 2014-2015 Book · PDF fileContoesw.SwtehhhpABsrg8gpso0 3 Fidelity and...

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