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Bonds

Basics Fidelity Surety    
Upon notification of the loss blank poof of loss forms should be furnished to the insured (obligee) immediately. Suggested language for the transmittal letter is provided.
Begin investigation as soon as possible. Do not wait for the return of the proof of loss.
It is preferable to begin the investigation with an interview of the insured. An interview at the location of the loss is usually desirable. Physical evidence should be inspected and secured.
If the insured has filed a police report, have the insured furnish a copy of the report and any other information the police have given to the insured.
After the interview of the insured and the on-site inspection, the principal must be located and interviewed. Care must be taken to make no accusations or render any opinions.
This is the opportunity for the principal to defend himself, by giving his side of the story. The principal and the surety are similarly situated. They each have a liability for any of the principal's wrongful acts. Every effort should be made to obtain a complete and honest statement about the loss from the principal. If the charges made by the insured are disputed by the principal, then this should be set forth in a statement.
In matters of dispute between the insured and principal, attempt to mediate a resolution of the misunderstanding. The surety is a neutral party in such a dispute.
Examine the completed and notarized proof of loss.
Determine that there are no coverage issues
by affiramtively answering each of the following questions:
  • Has the insured sustained a loss of money or other property?
  • Did the loss result from the dishonesty of an employee?
    Note:The employee may not be identifiable, but loss must
    be due to dishonesty. (If there is no dishonesty,
    check the existence of broad form money and securities
    coverage under which a mysterious disappearance of money or securities
    may be covered if not caused by dishonesty.)
  • Was the loss sustained, discovered and reported within the terms of the bond?
    Note: A bond will have one of two possible triggers--
    when the loss is sustained or when it is discovered.,
    Loss-sustained bonds usually contain a discovery period.
    Also, continuously renewed loss-sustained bonds are likely
    to provide coverage for previously undiscovered losses.
  • Do the books and records of the insured verify the amount claimed?
  • Proceed with recovery by obtaining assets or promissory note from principal.
    Investigate subrogation potential from negligent third parties such as financial institutions
    (e.g., for honoring forged endorsements).
     
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