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Surety 02

Surety Outlook and Underwriting Changes in Work-in-Progress


American Global looks at how the construction industry should combat inflationary pressures by maintaining surety relationships and capacity.

Surety 02

International Surety Bonds


It's important to obtain local knowledge about each surety market. American Global provides some advice.

Surety 02

Large Projects Underwriting: The Role of the Surety Bond Broker


Nancy Schnee of American Global explains the surety process and the importance of providing sureties ample time to underwrite.

Surety 02

Surety Bonds Explained


Ed Reilly provides a basic explanation of construction contract bonds, their financial requirements, and the ongoing market cycle.

Maritime Law

Obtaining Contribution for Maintenance and Cure

2022-01-13 | Michael A Orlando

Michael Orlando Jr discusses a Fifth Circuit case and its implications for maritime insureds and insurers.

Maritime Law

There's No Guarantee in Maritime Case

2021-02-24 | Michael A Orlando

There's No Guarantee in Maritime Case—Michael Orlando relates a case where a Sieracki seaman gets an $11.6 million award in a nonjury trial.

Maritime Law

Safe-Berth Clause in Vessel Charter Agreements

2020-07-03 | Michael A Orlando

Mike Orlando discusses Citgo Asphalt Refining Co. v. Frescati Shipping Co., Ltd., a case addressing consequences concerning a vessel oil pollution incident and safe-berth clauses in vessel charter agreements.

Maritime Law

What Constitutes a "Prevailing Party" in a Maritime Contract Dispute?

2020-03-20 | Michael A Orlando

What Constitutes a "Prevailing Party" in a Maritime Contract Dispute?—Mike Orlando discusses a case where neither party was the prevailing party.

Maritime Law

Summer in the Supreme Court: 2019 Maritime Update

2019-08-16 | Michael A Orlando

Michael Orlando discusses recent cases that provide much-needed clarity to maritime law.

Corporate Aviation

Airplanes, Accidents, and Risk Management

2019-05-24 | Adam Webster

Airplanes, Accidents, and Risk Management—The corporate aviation commentator offers his thoughts on Boeing's current problems.

Maritime Law

US Supreme Court Expands Maritime Products Liability Duty to Warn

2019-04-12 | Michael A Orlando

Mike Orlando relates a plaintiff-friendly decision leaving manufacturers in a quandary regarding maritime product liability duty to warn.

Maritime Law

Shell Offshore v. Tesla Offshore: Questions of Towing

2018-11-02 | Michael A Orlando

Mike Orlando looks at a recent case about towing and towing certification and analyzes the case, Shell Offshore v. Tesla Offshore.

Maritime Law

Fifth Circuit Applies Its Simplified Maritime Contract Test

2018-08-17 | Michael A Orlando

Fifth Circuit Applies Its Simplified Maritime Contract Test—Using the Doiron test, the court ruled a contract existed. Mike Orlando relates the case.

Maritime Law

Streamlining the Maritime Contract Test

2018-02-16 | Michael A Orlando

Streamlining the Maritime Contract Test—The Fifth Circuit reverses course in maritime law. Michael Orlando discusses the case.

Auto Insurance

Business Auto Policy Covered Auto Designation Symbols

2017-12-15 | Royce Gene E Farnsworth

Business Auto Policy Covered Auto Designation Symbols—Several states expanded UM/UIM coverage to hired and nonowned autos. Gene Farnsworth examines the ramifications.

Maritime Law

Two OPA Issues of First Impression Equal One Costly Result

2017-12-01 | Michael A Orlando

Mike Orlando relates a case leaving vessel owners (and their insurers) with broad definitions of two important terms.

Maritime Law

Coverage Exists for Master Services Contract Reformed Midlitigation

2017-06-23 | Michael A Orlando

Master Services Contract Reformation -- Court says maritime law allows for contract reformation when mutual mistake is made. Mike Orlando relates the case.

Maritime Law

Service Performed with Crane Barge Is a Maritime Contract

2017-03-10 | Michael A Orlando

To decide whether a maritime contract exists regarding service performed with a crane barge, the cumbersome 6-part Davis test is used. See Larry Doiron v. Specialty Rental Tools (5th Cir. La. 2017).

Corporate Aviation

Aircraft Appraisal Dos and Don'ts

2017-03-03 | Adam Webster

Take a look at points to consider when obtaining an aircraft appraisal.

Corporate Aviation

Aviation Human Factors Assessment

2017-02-03 | Adam Webster

Looks at methods to reduce aviation claims by simply understanding what pilots actually think and do.

Maritime Law

P&I Policy No Catchall for Marine Liability*

2016-04-22 | Michael A Orlando

The insured's conduct as a vessel owner matters when determining protection and indemnity liability.

Corporate Aviation

The IRS, FAA, and Aircraft Liability—Whack a Mole*

2015-11-06 | Adam Webster

The regulatory and risk management considerations are challenging. Adam Webster explains.

Corporate Aviation

Three Underwriting Tips for Aircraft Financing

2015-03-27 | Adam Webster

Adam Webster explains why it's important to look upon your stake in an airplane as a parent would protect a child.

Maritime Law

In re Deepwater Horizon: Additional Insured Questions Resolved*

2015-03-01 | Michael A Orlando

Michael Orlando discusses the lessons for all who deal with additional insured issues in liability policies.

Maritime Law

Strict Construction of Master Service Agreements in an Oilfield/Maritime Context

2013-08-01 | Michael A Orlando

The Fifth Circuit holds that the additional insured and primary insurance requirements in the MSA do not apply to self-insurance. Michael Orlando relates the case.

Corporate Aviation

Automation, Risk, and Airplanes without Pilots

2013-02-09 | Adam Webster

It is a fairly unpopular notion to suggest to pilots that their days are numbered as meaningful participants in the actual flying of the machine.

Maritime Law

Supreme Court Casts Shade on Bright Line Test for Vessel Status

2013-02-01 | Michael A Orlando

Mike Orlando relates a recent maritime case throwing out precedent for a new "reasonable observer" test.

Corporate Aviation

Aviation Certification and Risk Management

2011-07-16 | Adam Webster

Whether your aircraft is flown under for-hire or private rules matters. Adam Webster explains.

Maritime Law

US Supreme Court Constricts Carmack Amendment

2010-09-04 | Michael A Orlando

A recent maritime law decision may impact how cargo damage suits are resolved relating to the Carmack Amendment. Michael Orlando explains.

Maritime Law

Significant Narrowing of Rule B Attachments

2009-11-01 | Michael A Orlando

A recent maritime case by the Second Circuit brings much needed common sense back into Rule B attachments, per Michael Orlando.

Maritime Law

Supreme Court Declares Punitive Damages Available for Maintenance and Cure Claim*

2009-09-12 | Michael A Orlando

Michael Orlando relates a ground-breaking decision in maritime law finding punitive damages are available for a maintenance and cure claim.

Surety 02

Killer Bond Forms and Contract Provisions (Part 4)

2009-08-22 | Marilyn Klinger

Marilyn Klinger discusses new surety bond forms and contract provisions for contractors and subcontractors.

Maritime Law

Choice-of-Law Clauses in Marine Cargo Insurance Policy

2009-01-10 | Michael A Orlando

Michael Orlando explains that U.S. courts are generally enforcing choice-of-law clauses.

Surety 02

Killer Bond Forms and Contract Provisions (Part 3)

2008-08-16 | Marilyn Klinger

Marilyn Klinger delves further into coverage limitations, when the obligee completes, waiving defenses, subdivision bonds, and more.

Maritime Law

Consistent Dispute Resolute Clauses Needed in Maritime Contracts

2008-07-01 | Michael A Orlando

Michael Orlando explains how inconsistent arbitration clauses in charter parties and bills of lading inevitably lead to piecemeal dispute resolution.

Corporate Aviation

Knowing Your Aviation Business Model

2008-04-25 | Adam Webster

Despite the allure of private business jet fractional ownership, it's red ink on a bad day and treading water on a good one. Adam Webster explains.

Maritime Law

Supreme Court Resolves Circuit Split on Forum Non Conveniens

2007-08-18 | Michael A Orlando

Michael Orlando looks at the recent admiralty case, Sinochem Int'l Co., Ltd. v. Malaysia Int'l Shipping Corp., which addressed forum non conveniens.

Surety 02

Killer Bond Forms and Contract Provisions (Part 2)

2007-08-01 | Marilyn Klinger

In this ongoing series, Marilyn Klinger discusses the surety problem of penal sum increases with change orders.

Corporate Aviation

Risk Mitigation—How Corporate Aviation Can Work

2007-06-09 | Adam Webster

Adam Webster examines why taking risks is necessary to avoid business stagnation and discusses the dangers in doing so.

Surety 02

Killer Bond Forms and Contract Provisions (Part 1)

2007-06-01 | Marilyn Klinger

In an ongoing series, Marilyn Klinger discusses new bond provisions and their impact on the liability of the surety industry.

Surety 02

Surety Underwriting, Sales & Service—A Delicate Balance

2006-05-01 | Rolf A Neuschaefer

Rolf Neuschaefer explains the need for a better understanding of the respective responsibilities of sureties and agents.

Surety 02

California Curtails Unlicensed Contractors' Recovery for Their Work

2006-04-01 | Marilyn Klinger

Marilyn Klinger details a ruling stressing that contractors who enter into contracts to perform work do so at their own peril.

Surety 02

Construction Surety Bond Liability for Consequential Damages

2006-03-01 | Marilyn Klinger

Marilyn Klinger relates those cases that have found sureties liable for consequential damages in a loose chronological order going back 40 years.

Maritime Law

ADA Applies to Foreign-Flag Cruise Ships—In Theory

2005-08-20 | Michael A Orlando

In June 2005, the U.S. Supreme Court handed down a decision that is an important, although not total, victory for disabled persons requiring improved access on cruise liners relating to the American with Disabilities Act (ADA). Michael Orlando explains.

Maritime Law

Taking Some Teeth Out of the Louisiana Oilfield Indemnity Statute

2005-05-14 | Michael A Orlando

Michael Orlando discusses a recent Fifth Circuit case interpreting the Louisiana Oilfield Indemnity Statute and the problems the decision poses by turning the system upside down over a statute that seems to be fairly clear in its meaning

Maritime Law

Supreme Court Rules a Dredge Is a Jones Act Vessel

2005-03-18 | Michael A Orlando

Michael Orlando discusses a 2005 case—Stewart v Dutra Construction—that hopes to resolve the conflict over how to determine whether a watercraft is a "vessel" for the purposes of the LHWCA.

Maritime Law

Enforcement of Federal Law on Foreign-Flagged Ships in U.S. Waters

2004-11-13 | Michael A Orlando

Does the Americans With Disabilities Act apply to foreign cruise ships when in U.S. waters? The Fifth and Eleventh Circuits disagree. Michael Orlando explains.

Surety 02

Unraveling Letters of Credit

2004-11-01 | Marilyn Klinger

In this Surety Law and Claims column, Marilyn Klinger attempts to unravel the various different titles placed on letters of credit, emphasizing that it is the language that is the crux of any letter of credit._x000D_

Auto Risk Management

Senior Drivers and Insurance Concerns

2004-10-23 | Robin K Olson

As baby boomers age, the number of senior drivers increases. Rob Olson discusses the importance of finding ways now to reduce the frequency and severity of automobile accidents involving elderly drivers.

Maritime Law

Circuit Split Widens over Exculpatory Clauses in Maritime Contracts:

2004-02-01 | Michael A Orlando

Michael Orlando explains how a recent Eighth Circuit decision involving a fire at a marina highlights and widens the current split among federal circuits over the enforceability of 'red-letter' clauses.

Surety 02

ERISA Preemption and Claims for Employee Benefits

2004-01-01 | Marilyn Klinger

While prevailing California case law still holds that ERISA preempts an employee benefit trust fund action against a payment bond surety, this trend is waning. Marilyn Klinger explains._x000D_

Corporate Aviation

Private Aviation: Developing a Corporate Policy

2003-12-13 | Adam Webster

Most firms don't have an internal policy, oversight, or any method of tracking the use of private aircraft by staff members. Adam Webster identifies key features of such policies.

Corporate Aviation

Private Aviation: Being an Additional Insured

2003-10-11 | Adam Webster

Private air charters pose many risk management and insurance challenges for clients. In this new corporate aviation column, Adam Webster discusses what to watch out for.

Surety 02

Are Letters of Credit Securing a Surety's Potential Exposure Not as Safe as Once Believed?

2003-08-01 | Marilyn Klinger

Sureties generally prefer LOCs as collateral in case their principals or indemnitors file bankruptcy. Marilyn Klinger examines court cases that ruled otherwise.

Maritime Law

A Lien Is a Lien Is a Lien, but a Maritime Lien Is Not

2003-06-01 | Michael A Orlando

In his maritime legal trends column, Michael Orlando discusses maritime liens - what they are and what they are not - and a recent disturbing decision by the Fifth Circuit Court of Appeals.

Surety 02

Subdivision/Improvement Bonds

2003-04-01 | Rolf A Neuschaefer

Also referred to as site improvement, plat, completion, or simply performance bonds, subdivision/improvement bonds help cover the owner/developer. Rolf Neuschaefer explains.

Surety 02

Can a Surety Enforce the Automatic Stay in the Principal's Bankruptcy?

2003-02-01 | Marilyn Klinger

Where a contract has not been terminated prior to the bankruptcy, a surety has standing to enforce the automatic stay against the owner. Marilyn Klinger discusses the factors that can affect recovery._x000D_

Maritime Law

Maritime Pollution: Mixing OPA and CERCLA Makes for Foul Waters

2003-01-11 | Michael A Orlando

The interaction between the Oil Protection Act and the Comprehensive Environmental Response, Compensation, and Liability Act over an Oil Spill Liability Trust Fund recovery can be muddy. Michael Orlando explains.

Surety 02

Minimum Insurance Requirements

2003-01-01 | Rolf A Neuschaefer

The principal's financial stability is vitally important to the surety underwriter. Rolf Neuschaefer explains what to look for when risk of loss is transferred to others by contract.

Surety 02

Corporate Execution of Surety Indemnity Agreements

2002-11-01 | Marilyn Klinger

Marilyn Klinger discusses the requisites for corporate execution of surety indemnity agreements which are now back in vogue due to the hard market.

Maritime Law

OSHA Takes a Dip in the Sea

2002-08-17 | Michael A Orlando

Mike Orlando discusses a recent Supreme Court ruling expanding OSHA's jurisdiction to uninspected drilling barges, which must now comply with both Coast Guard and the more stringent OSHA safety and health regulations.

Surety 02

Exoneration Based on Fraud in the Inducement as a Surety Defense

2002-08-01 | Marilyn Klinger

With new business scandals unfolding daily, improper business conduct is currently in the spotlight. Here, Marilyn Klinger considers a surety's exoneration defense based on fraud or material misrepresentation in the inducement._x000D_

Surety 02

Protecting the Balance Sheet

2002-07-01 | Rolf A Neuschaefer

An uninsured loss drains cash, the lifeblood of any business, and erodes net worth. Rolf Neuschaefer explains what surety underwriters are looking for from their principals in the current market.

Maritime Law

The Difficulty and Confusion Surrounding Removing Maritime Cases to Federal Court

2002-06-01 | Michael A Orlando

Michael Orlando helps clear up the confusion and provides some cases to consult when confronted with removal in an admiralty context of separate and independent claims or causes of action.

Surety 02

Roles and Responsibilities: a Delicate Balance

2002-04-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer explores the roles and responsibilities of the principal or client, the surety, and the agent/broker in procuring corporate surety bonds.

Maritime Law

To Remove or Not to Remove, That Is the Question

2002-02-01 | Michael A Orlando

In this article, Michael Orlando explores some of the intricacies of removing a maritime-oriented case from state court to federal court.

Surety 02

California Workers Compensation Self-Insured Bonds and the Principal's Bankruptcy

2002-02-01 | Marilyn Klinger

Many states allow employers to self-insure workers compensation as long as the employer supports that self-insurance with a surety bond or other security. Here, Marilyn Klinger discusses California WC self-insured bonds in the context of the employer's bankruptcy.

Surety 02

Surety Credit Basics

2002-01-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer explains how the surety market is changing in light of September 11 and the downfall of Enron, and the essential elements to a good working relationship with your surety, particularly in such uncertain times.

Maritime Law

A Vessel Doesn't Have to Be a Criminal to Be Arrested: in Rem Admiralty Jurisdiction and the Supplemental Rules

2001-11-17 | Michael A Orlando

Under maritime law, a vessel can be arrested to obtain jurisdiction and security for certain claims. Michael Orlando explores the basics of the different types of admiralty jurisdiction and what admiralty lawyers mean when they refer to "Supplemental Rules."

Auto Risk Management

Auto Manufacturer Parts versus After-Market Parts: a Question of Quality

2001-11-10 | Robin K Olson

Many insurers and industry groups believe non-original equipment manufacturer (OEM) or after-market parts are the same quality as OEM parts, but are they truly of like kind and quality? This article examines the debate.

Surety 02

Bonding Tips and Tactics: Contractor Default Insurance

2001-10-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer examines default insurance - a recent development designed as a substitute for the traditional surety performance guarantee and discusses its shortcomings from a surety producer's perspective.

Surety 02

Surety Bond Penalty Waivers in Takeover Situations

2001-07-01 | Marilyn Klinger

Courts recognize that the performance bond surety's limit of liability is the amount stated in its bond. There are a number of courts which have found that a performing surety waives its limited liability under the bond simply by taking over the principal's work. The prudent surety should, if at all possible, insist on an express limitation of liability when it takes over. However, creative arguments exist for the performing surety's liability to be limited to its bond amount, unless the surety expressly waives such limitation in writing.

Surety 02

All Guarantees Are Not Created Equal

2001-07-01 | Rolf A Neuschaefer

In construction, the obvious alternative to the owner/lender assuming the performance risk is to secure some form of guarantee. This article examines some of the alternatives and highlights differences between them.

Maritime Law

Admiralty Jurisdiction: A Challenge for Even the Seasoned Practitioner

2001-05-01 | Michael A Orlando

Determining whether admiralty jurisdiction exists over a particular claim can prove extremely challenging, even for those well versed in admiralty law. This article examines the history, landmark cases, and how to determine where the baseline exists on a coastal state.

Auto Risk Management

Perceptual Diminished Value for Personal Autos

2001-04-28 | Robin K Olson

Is perceptual or psychological diminished value—the perceptual loss of vehicle market value due to an accident—covered under the personal auto policy? This article examines the debate, relevant case law, and ISO's response.

Surety 02

Proactive Surety Claims Handling

2001-04-01 | Marilyn Klinger

In recent years, sureties have begun more proactive claims handling. This article explains how sureties can work with the project owner, prime contractor, bond producer, underwriter, and claims personnel so that all can be in a win-win situation after a claim.