What Insurers Need to Know About Surety Bond Claims

 Posted on February 09, 2023 in Commercial Litigation

Surety bonds are an important part of the insurance landscape. These bonds are a form of financial guarantee that serve to protect a party from the financial losses associated with another party's breach of contract. They provide a level of protection for both insurers and policyholders when disputes arise. As such, it is important for insurers to understand how surety bond claims work in order to protect their interests and those of their customers.

What Is a Surety Bond?

A surety bond is an agreement between three parties: the principal (the person or business seeking the bond), the obligee (the person or business receiving the protection of the bond), and the company providing the bond. The agreement stipulates that if there is a breach of contract by either party, then the bonding company will be responsible for covering any damages or costs incurred as a result.

How Do Surety Bonds Affect Insurers?

For insurers, any breach of contract related to a surety bond could result in significant financial losses. That said, insurers must also understand how to properly assess these risks and ensure that they are adequately covered. By having a thorough knowledge of how to correctly value and manage these types of claims, insurers can better protect themselves from potential losses related to surety bonds.

Insurers must also consider several underwriting considerations when evaluating surety bond claims. These considerations include the risk level associated with a project, the creditworthiness and financial condition of the principal, and any specific requirements that may be applicable to the project (e.g., environmental regulations). Additionally, insurers should always verify that all parties involved in the project have signed off on any changes made during its course.

Understanding Surety Bond Claims Processes

When it comes to surety bond claims, there are two main types – direct and indirect. Direct claims occur when the principal (the party who purchased the bond) files a claim against the bond. Indirect claims occur when a third party files a claim against the bond on behalf of the principal.

It is important for insurers to have an understanding of how surety bond claims work so that they can properly assess the risks associated with them. Generally speaking, when a claim is made against an insurer due to a breach of contract under a surety bond agreement, it is up to the insurer to investigate whether or not there has been an actual breach and what type of loss has been incurred as a result.

Once an insurer has received notice of a surety bond claim, they should quickly begin gathering as much information as possible regarding the situation. This includes obtaining copies of all documents related to the transaction in question (contracts, invoices, etc.), verifying that all parties involved have been notified about the dispute, and determining whether or not legal counsel is necessary in order to resolve any issues that may arise from the claim. Once these steps have been taken, an insurer can then begin investigating and processing the claim according to their established procedures.

Contact Our Chicago Surety Bond Claim Attorneys

Insurers need to have an accurate understanding of how surety bonds work and what kind of claims might arise. By understanding how these types of claims are assessed and managed, an insurer can be adequately prepared for these situations. By having a thorough knowledge of how these types of contracts operate in relation to their own policies, insurers can ensure that they are able to remain financially stable even in cases where substantial losses may occur as a result of breaches in such agreements.

At Teller, Levit & Silvertrust, P.C., our Cook County insurance collections lawyers represent insurance companies and other parties involved in surety bond claims. We work to help our clients collect the amounts owed to them, and if necessary, we can provide representation in any litigation that may be required. Contact our firm at 312-922-3030 to learn more about the legal services we provide to insurers and other businesses.

Sources:

https://www.orsurety.com/blog/the-ins-and-outs-of-bond-claims

https://bondingsolutions.com/understanding-the-surety-bonds-claims-process/

https://www.bondexchange.com/surety-bond-claims-guide/