From the longer-term relationships governed by fidelity bonds to the short-term contractual projects under surety arrangements, Wilson Elser’s Fidelity/Surety Practice attorneys have litigated virtually every type of claim likely to be encountered by fidelity and surety bond issuers.
Our attorneys respond swiftly and efficiently to our clients’ needs through a national platform using a multidisciplinary approach that reaches across practice areas and jurisdictions. We offer our services virtually anywhere in the United States, and we draw on the deep collective experience of practice teams firmwide, including those that handle bankruptcy, banking law, ERISA and related legal matters.
Wilson Elser’s attorneys have extensive experience investigating and litigating fidelity bond claims, including those arising from:
- Employee dishonesty
- Ponzi schemes
- Mortgage fraud schemes
- Loss of securities and trading losses
- Forgery
- Check fraud
- Cyber crimes
In addition to counseling insurers on coverage, our attorneys assist fidelity underwriters in drafting policies and endorsements. Their successful representation of Financial Institution Bond and Commercial Crime insurers in especially challenging cases has resulted in groundbreaking and industry-changing decisions.
Our extensive experience in surety bonds gives us exceptional insight into all legal aspects of claims handling and litigation, enabling us to limit losses and enhance recoveries. We are routinely involved with claims arising in connection with the following types of bonds:
- Performance
- Payment
- Subdivision
- Commercial
- Court
- License
- Miscellaneous
Wilson Elser attorneys pursue bond indemnitors for recovery of losses, attorneys’ fees and other expenses. We also recognize and pursue other avenues of recovery based on the surety’s subrogation rights and provide underwriting support to our surety clients.
While committed to early analysis and resolution of claims and lawsuits, we are experienced in all matters of surety litigation and trial practice, including:
- Complex claims handling
- Motion practice
- Investigation and discovery
- Defaults
- Negotiations
- Completion agreements
- Subcontractor ratification agreements
- Subrogation and recovery
- Mediation
- Arbitration
- Trial
- Bankruptcy
- Appeals
