A court decision by the High Court of Oklahoma has given our industry a win. In Flintco LLC v. Total Installation Management Specialists, Inc., 2025 OK 35 (May 28, 2025), the Oklahoma Supreme Court addressed a controversy that had arisen… Continue Reading →
Statutes of repose serve as critical legal boundaries, delineating the time frame within which claims related to construction activities must be initiated. These statutes are designed to provide finality and predictability, shielding contractors and related parties from indefinite liability. However,… Continue Reading →
The contract surety industry faces a complex economic landscape marked by inflation, interest rate fluctuations, and supply chain disruptions. These factors collectively exert pressure on contractors’ financial stability, increasing the likelihood of defaults and claims, and compelling surety companies to… Continue Reading →
Surety bond underwriters play a critical role in ensuring the performance and financial integrity of contractors, especially in public and private construction projects. When these projects involve federally recognized Indian tribes, underwriters face unique legal challenges due to the doctrine… Continue Reading →
The escalation of tariffs will likely impact the sufficiency of customs bonds in a significant way, posing challenges for importers and surety companies alike. I am going to offer for your thought a few of the implications of rising tariffs… Continue Reading →
The surety industry, a vital niche within the broader insurance and financial services landscape, is currently facing transformative challenges that threaten traditional underwriting models, profitability and long-term sustainability. While by no means exhaustive, I’d like to share five dominant themes… Continue Reading →
Una orden judicial de “injuction” (medida cautelar) es un recurso judicial poderoso que puede afectar significativamente los derechos y la conducta de las partes durante un litigio. El mecanismo de la fianza para medidas cautelares es un componente fundamental del… Continue Reading →
The Retrodate ERISA Fidelity Bond: Unraveling ERISA’s Hidden Risk The Employee Retirement Income Security Act (ERISA) was introduced in 1974, a federal law that protects employees and beneficiaries that participate in private sector retirement and health plans. ERISA is enforced… Continue Reading →
In the complex (and highly regulated) world of financial services maintaining trust, safeguarding client assets and meeting regulatory obligations are imperative. For broker-dealers, this means adhering to financial solvency and insurance requirements, including obtaining a Financial Institution Bond, specifically a… Continue Reading →
Benefit plan administrators, TPAs, registered investment advisors and plan sponsors often question the requirement for an ERISA fidelity bond that protects plan assets from dishonest conduct. So, we offer a brief ERISA fidelity bond explanation. The historical trigger that led… Continue Reading →
Judicial surety bonds have traditionally been perceived as instruments with fixed penalties, explicitly capping the surety’s liability to the bond’s face amount. This understanding has long provided a clear framework for sureties, principals, and obligees alike. Recent judicial interpretations have… Continue Reading →
We frequently remind our client TPAs, pension plan architects and plan sponsors of the importance of carrying a proper ERISA fidelity bond. Plan participants work hard for their employers and must enjoy the assurance that their contributions are safeguarded. The… Continue Reading →
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