Fidelity and Surety

For companies in the fidelity and surety industry, the importance of working with a law firm that combines experience with foresight cannot be overstated. Knowledgeable counsel and effective litigators are the key to avoiding the pitfalls that threaten business models and financial well-being.

Wolff & Samson’s Fidelity and Surety Group, one of the largest in the nation, delivers more than 200 years of combined experience in matters specific to sureties and fidelity insurers. Our attorneys are active participants in the most prominent legal and industry groups and many are sought-after leaders, speakers, authors and authorities on a wide variety of topics important to the industry. By virtue of this vast experience and extensive industry involvement, our attorneys provide thoughtful, thorough and cost-effective approaches to each matter.

In recognition of the unique experience and distinctive service our Fidelity and Surety Group offers, most of the top 10 bonding companies are Wolff & Samson clients, as are many of the nation’s smaller sureties and fidelity insurers.¹

We handle surety claims from inception through workout or litigation, ranging from large, multi-project and multi-prime defaults both nationally and internationally, to regional and local project-specific claims. Our surety representation encompasses:

All aspects of performance and payment bond claims, including:
- Default and claim analysis
- Takeovers and tenders
- Contested defaults
- Litigation (including trials), arbitration and mediation, both nationally and locally
- Appeals
- Protection of surety interests in the principal’s bankruptcy
- Workouts, intercreditor and security agreements, restructuring and financing
- Pursuit of salvage, subrogation and cross-subrogation rights
All aspects of claims against commercial and other miscellaneous bonds
Claims management and coordination
Serving as national coordinating counsel for multi-state surety claims

Our representation of fidelity insurers runs the gamut from the investigation, coverage analysis, defense and resolution of multi-million dollar claims on financial institution bonds, commercial crime policies, credit union bonds and other standard and proprietary bond forms; and from the pursuit of recovery from defalcators, including representation of the fidelity insurer’s interests in criminal proceedings and the pursuit of restitution and subrogation rights.

Our Fidelity and Surety clients also benefit from the 100+ Wolff & Samson attorneys who provide services in areas such as:

Commercial litigation
Insurance defense litigation
Bankruptcy
Environmental law
Secured transactions and finance
Securities law
Banking law
Tax law

This broad practice allows Wolff & Samson to provide its fidelity and surety clients with comprehensive representation, from receipt of the claim to the last dollar of recovery, and to do so in a cost-effective fashion.

¹Based upon rankings prepared by the Surety & Fidelity Association of America.

Fidelity and Surety

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