Fidelity & Surety Law
To order any of the items listed in the
catalog, call the ABA Service Center at 800-285-2221, or use the on-line order form.
Salvage By The Surety
Edited by: George J. Bachrach
This book will provide you with a comprehensive overview of the surety's substantive and
procedural rights to obtain salvage, and the issues that may impede the surety's salvage efforts.
Written by experts in surety law, the book examines everything from the surety's basic legal,
contractual and equitable rights to obtain salvage to the impact of the bankruptcy code on the
surety's pursuit of salvage.
Other topics include the underwriting process and salvage by the surety, the principal's
construction contract claims as salvage, the search for assets, the surety's claims against third
parties, and the environmental concerns of the surety seeking salvage.
Also included with the book are numerous bibliographies and references to the many other
books, digests, articles and papers that concern the surety's's rights and ability to obtain salvage
to reimburse its losses.
1998 6 x 9 340 pages paper
PC: 5190293
ISBN: 1-57073-593-X
$74.95 (regular price) $64.95 (TIPS section members)
The Law Of Payment Bonds
Edited by Kevin L. Lybeck and H. Bruce Shreves
This book provides the most current and comprehensive analysis of the law of payment bonds
available. This one source covers all aspects of payments bonds, beginning with the scope of the
coverage under the payment bond, entitlement and types of claims covered, elements of proof,
notice, and evidence and various litigation issues, including arbitration, venue, and suit
limitations.
The book also includes chapters on bad faith litigation and various miscellaneous issues in the
payment bond area. Special emphasis is placed on the more topical issues, including bankruptcy,
bad faith and "pay when paid" arbitration and its preclusive effect on the surety. The book's
user-friendly format provides you with a detailed table of contents that allows easy access to the
various topics within each chapter.
1998 393 pages 8 1/2 x 11 paper
PC: 5190284
ISBN: 1-57073-532-8
Price: $99.95 (Regular price) $89.95 (TIPS section members)
The Most Important Questions a Surety Can Ask about Performance Bonds
Edited By: Steven J. Strawbridge and Lawrence Lerner
A first level, general reference to help you bring quick and effective resolution to
performance bond claims and disputes. The easy question and answer format provides you
with a brief overview of authority and issues to help surety practitioners and company
claims representatives, as well as general practitioners, obligees (owners), architects
and engineers, bond claimants, and indemnitors.
Questions include:
- What is the difference between a completion bond and a performance bond?
- What are the options of the bonded contractor to contest a disputed fault?
- Does a surety have to complete a construction project after a performance bond default?
- What are the duties and obligations of the obligee in presenting and establishing a performance bond claim?
- When is the surety entitled to issue a "stop pay" notice to the obligee and what effect should such notice have?
- Can personal indemnitors be released from existing or future performance bond liability?
- What are the surety's most common defenses to performance bond claims?
- Do ADR provisions in a construction contract bind the performance bond surety?
- Can a surety be liable for interest or expense costs if the total loss exceeds the bonds penal limit?
Contents
The Performance Bond - Questions 1-4
Status Reports and Notices of Disagreements - Questions 5-6
Default - Questions 7-18
Project Completion Options - Questions 19-27
Performance Bond Claim - Questions 28-30
Surety Rights to Funds - Questions 31-33
Indemnitors - Questions 34-35
Surety Defenses - Questions 36-41
Suit/ADR - Questions 42-45
Surety Liabilities - Questions 46-50
1997 224 pages 6 x 9 paper
PC: 5190277
ISBN: 1-57073-509-3 LC: 97-74089
Price: $39.95 (Regular price) $29.95 (TIPS members)
The Most Important Questions a Surety Can Ask About:The Surety's Environmental Risk
Edited By: Donald G. Gavin and Robert M. Wright
As of 1988, only two U.S. carriers were offering specialized pollution liability insurance to
contractors engaged in hazardous waste clean-up work, with even this insurance being subject to
very low limits. The situation has now dramatically changed and significant pollution insurance
is available to the contracting industry.
The Surety's Environmental Risk discusses the contract bond surety's concerns with
environmental liability from a standpoint of federal law and, in particular, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA), also known as
"Superfund."
This guide discusses the recent developments that have made significant pollution insurance
available to the contracting industry, even for those engaged in clean-up work. You will learn:
- The changes and amendments that have been made to both federal and state hazardous
waste statutes
- What parties in the construction process are potentially liable under federal or state law
- Under what circumstances a principal can encounter hazardous waste liability on the
standard construction project
- How the Department of Energy and other federal agencies allocate risk
- Where to find significant pollution coverage for a fair and reasonable price
And much more!
1997 136 pp. Paperback
PC: 5190270
ISBN: 1-57073-442-9
LC: 96-92998
Price: $39.95 (Regular) $29.95 (TIPS members)
Commercial Crime Policy
The new ISO fidelity forms have raised several interesting questions in the field of fidelity insurance and have
triggered a need for more information on the effects of the new forms and on recent case law. This new book
is the most current and complete textual analysis available of the law of commercial fidelity bonds. It reviews
the developments in the case law since 1991 and the ISO fidelity forms in detail. Topics include:
- Types of commercial crime policies
- Interpretation, construction and reformation of the Commercial Crime Policy
- Who is and is not considered an employee for fidelity bond purposes
- The latest on other insuring agreements in commercial crime and other fidelity policies
- The who, what and where of General Conditions
- Potential income exclusion and other exclusions
- Discovery, notice, proof of loss and suit limitations
- Developments in judicial interpretation of the loss and causation requirements
- The alter ego defense and collusion
- Liability of the insurer for punitive damages
- Proof of dishonesty
- Recoveries and subrogation
The book also includes an appendix of relevant ISO fidelity bond forms and their key predecessors. Based on a 1996 Fidelity and Surety Law Committee program.
1997 608 pages 8 1/2 x 11 paperback
LC: 97-603 ISBN: 1-57073-395-3
$89.95 (regular) $79.95 (TIPS)
PC: 5190263
Surety Underwriting Issues Facing the Claims Industry
- When Does It End? Contractual Limitation Periods, Statutes of Limitations, and Statutes of Repose
- The Underwriting of Non-Standard Payment and Performance Bonds: A Debate Between Surety and Public Owner
1996 Annual Meeting Program Materials
$25.00
PC # 5190260-A40-96
Underwriting Issues Impacting Fidelity Claims
- Non-Cumulation of Liability Under Fidelity Bonds and Policies: Policy Language v. The Renewal Process
- The History and Development of the Surety Association of America Computer Crime Policy for Financial Institutions
1996 Annual Meeting Program Materials
$25.00
PC # 5190260-A15-96
Financial Institution Bonds, 2nd Edition
Duncan L. Clore, Editor
This is the second edition of a book prepared for use in a national institute program on financial
institution bonds sponsored by the Fidelity and Surety Law Committee. The articles build on the
contribution of past authors in these national institutes, as well as the numerous articles,
published and unpublished, by practitioners in the area of fidelity law. This work comprises the
most current and comprehensive analysis of the current edition of the Financial Institution Bond,
since its adoption in 1986. An appendix contains a set of current and predecessor bond forms for
ease of reference to readers of these articles.
Topics include:
- A brief history of the Financial Institution Bond
- Who is a covered "employee" under the Financial Institution Bond
- Discovery of loss: the contractual predicate to the claim
- Forgery or alteration
- The loan exclusion
- The potential income and principal other exclusions
- An insured's guide to effective claims, investigation, presentation and resolution
- Litigation strategies from the insured's and insurer's viewpoints
1998 6 x 9 736 pages paper
ISBN: 1-57073-620-0 LC: 98-39330
Price: $94.95 (Regular price) $84.95 (TIPS section members)
PC: 5190302
The Subrogation Database:
Cases Concerning the Subrogation Rights of the Contract Bond Surety
The Subrogation Database contains every case decided in the United States involving the subrogation rights
of a contract bond surety through October 1, 1994 -- broken down into an incredibly detailed Topical Outline
(Matrix) and, within each topic, listed by federal circuits. The Outline (Matrix) is divided into three major
sections:
- The definition and nature of the subrogation rights of the contract bond surety, including the essential elements of subrogation.
- The actual subrogation rights that a contract bond surety may establish and enforce.
- The priorities (or who wins) when the contract bond surety, using its subrogation rights, competes against the claims of other parties to the contract funds.
It also lists the cases by state and alphabetically. Whether you are interested in a particular topic, a particular
jurisdiction, or need the citation to a case, the information is at your fingertips.
1995 8-1/2 x 11 472 pages paper
LC: 94-73106 ISBN: 1-57073-102-0
$109.95 (regular) $99.95 (TIPS)
PC: 5190246
Payment Bond Manual, 2nd Edition
This new Second Edition starts with a completely updated text discussing the basics of a payment bond claim
with special emphasis on the federal Miller Act. An Appendix follows, which reprints the actual text of each
state's payment bond statutes, updated through December 1994, and adds a commentary by a member of the
Fidelity and Surety Law Committee who is familiar with the case law, practice and procedure in that State.
The State section emphasizes ways in which that State's statutes or case law differs from the general rules
developed under the federal Miller Act.
1995 568 pages 6 x 9 paper
LC: 95-79665 ISBN: 1-57073-161-6
$79.95 (regular) $74.95 (TIPS)
PC: 5190164
Bond Default Manual, 2nd Edition
Edited By: Duncan L. Clore
This completely updated manual addresses the basic information
and techniques involved in performance bond claims handling. It
will provide you with the information you need to ask the right
questions in the event of a bond default and take the necessary
steps to ensure a favorable outcome. The Bond Default Manual,
2nd Edition includes 13 chapters of practical advice and thoughtful
insight on performance bond defaults.
- Chapter 1
- Bond, Contractual and Statutory Provisions and General Agreement
of Indemnity
- Chapter 2, Section A:
- The Surety's Investigation
- Chapter 2, Section B:
- The Surety's Use of Consultants in
Connection With Contract Bond Defaults
- Chapter 3:
- The Surety's Analysis of Investigative Results:
"To Perform or Not to Perform-That is the Question"
- Chapter 4:
- Financing the Principal
- Chapter 5:
- Takeover and Completion
- Chapter 6:
- Tender
- Chapter 7:
- Completion By the Bond Obligee
- Chapter 8:
- Public Works Project
- Chapter 9:
- Bankruptcy Considerations and Bond Defaults
- Chapter 10:
- Extra-Contractual Damages Considerations
- Chapter 11:
- Considerations with Respect to Insurance Coverage
- Chapter 12:
- The Ethical Considerations of Representing
a Principal and a Surety
- Chapter 13:
- Salvage/Subrogation Considerations
The book also contains an appendix of over 150 pages of sample
letters, agreements, contracts and other documents that will help
you structure your negotiations. These documents are reproduced
on a WordPerfect 5.1 diskette, included in the purchase price.
1995 6 x 9 632 pages paper
ISBN: 1-57073-169-1
$84.95 (regular price) $77.95 (TIPS member price)
PC: 5190163
Special Package Available
Save $40.00 in discounts and handling fees when you buy The Subrogation Database and new second
editions of Payment Bond Manual, and Bond Default Manual.
$246.75 (regular) $224.75 (TIPS)
PC: 5190165
The Law of Surety, Second Edition
" There is no other publication which provides a comparable overview of modern suretyship in the United States and of the legal principles applicable to the most common forms of surety bonds. Nearly any research project on the subject of suretyship can begin with the overview provided in this publication."
Armen Shahinian
Chair-Elect, Fidelity and Surety Law Committee
ABA Tort & Insurance Practice Section
Roseland, NJ
A completely revised and updated examination of the only modern treatise on suretyship. This practical guide to suretyship will help you understand the differences between suretyship and insurance, the law applicable to modern corporate sureties, the reasoning behind the law and how it affects construction and similar contracts. The book also alerts you to the different types of risks and obligations assumed by sureties on different bonds, explains how contract bonds are underwritten, discusses the importance of reinsurance, and analyzes in detail bid bonds, performance bonds and payment bonds.
Highly readable, the book includes extensive footnotes and sample contract language, plus additional chapters on:
- Fiduciary bonds
- Judicial bonds
- Subdivision bonds
- Customs bond claims
- License and permit bonds
- Workers' compensation self-insurance bonds
- Reclamation bonds
- Bail bonds
The new edition includes expanded discussions of commercial surety obligations and new topics of importance to the industry as a whole. It also includes complete updates of chapters on contract bonds, indemnity rights, subrogation and bankruptcy.
2000 568 pages 8 1/2 x 11 paper
LC: ISBN: 1-57073-780-0
$89.95 (regular price) $79.95 (TIPS member price)
PC: 5190265
#3 in the series-
The Most Important Questions a Surety Can Ask About Miscellaneous
Bonds
Presented in a question and answer format for easy reference,
this third book in the series focuses on the miscellaneous bonds
that are the most frequent source of claims. It provides the basic
principles for practitioners and claims attorneys who are not
familiar with miscellaneous bonds. Topics include:
- License and permit bonds
- Bankruptcy trustee bonds
- Probate bonds
- Custom bonds
1993 40 pages 8 ½ x 11 paper
LC: 93-74164 ISBN: 0-89707-937-X
$24.95 (regular price) $19.95 (TIPS member price)
PC: 5190234
#2 in the series-
The Most Important Questions a Surety Can Ask About Bad Faith
Claims
This guide explains the complex body of case law, common law,
and state laws governing bad faith claims. It clarifies the differences
between suretyship and insurance, explains the basis for bad faith
claims against the surety, and identifies what common law duties
are imposed upon the insurer. The guide also answers such questions
as:
- Which states recognize a bad faith claim, and which recognize
only a statutory claim for delay in payment?
- What are the surety's defenses to the claim of bad faith?
- What damages may be claimed or recovered against the surety?
1993 93 pages 8 ½ x 11 paper
LC: 93-71307 ISBN: 0-89707-879-0
$24.95 (regular price) $19.95 (TIPS member price)
PC: 5190222
#1 in the series-
The 50 Most Important Questions a Surety Can Ask About Bankruptcy
This volume deals with the treatment of the surety's special status
within the framework of the Bankruptcy Code. Designed for the
busy practitioner, this primer will help you quickly and easily
solve the problems caused by this complex issue quickly and easily.
Topics include:
- Does a notice to the obligee advising it to hold contract
funds violate the automatic stay?
- Can the surety structure a financing agreement to protect
collateral from a preference claim?
- What effect does the assumption of a contract have on the
surety's claim?
1992 53 pages 8 ½ x 11 paper
LC: 93-52727 ISBN: 0-89707-735-0
$24.95 (regular price) $19.95 (TIPS member price)
PC: 5190208
Special Package:
Save 20% when you buy all three books in the Most Important
Questions a Surety Can Ask About... series.
$59.95 (regular price) $49.95 (TIPS member price)
PC: 5190235
Fidelity Law Topical Index and Bibliography, Second Edition
Originally published in 1989, this new edition will assist you
in your research by leading you to published and unpublished materials
covering the entire range of fidelity law. It covers fidelity
bonds, public official, court, and miscellaneous bonds. New topics
include claims and litigation with the RTC, FDIC, and FSLIC, and
financial guarantee and investor bonds.
1993 384 pages 8 ½ x 11 looseleaf
shrinkwrapped/without binder
LC: 93-71715 ISBN: 0-89707-883-7
$54.95 (regular price) $49.95 (TIPS member price)
PC: 5190224
Surety Law Topical Index and Bibliography, Second Edition
This second edition covers the general areas of suretyship, contract
bonds, and related matters of indemnity and subrogation. It also
includes new topics on hazardous waste and environmental problems,
outside professionals and experts, and related coverages. It will
lead you to published and unpublished materials covering the entire
range of surety law. Both the Fidelity and Surety Law
Topical Indexes are designed to assist you in your research
by providing you with an overview of the subject; adapting to
your own system of indexing, storage, and retrieval of materials;
and allowing for insertion of new information or in-house work-product.
1993 608 pages 8 ½ x 11 looseleaf
shrinkwrapped/without binder
LC: 93-71716 ISBN: 0-89707-859-4
$64.95 (regular price) $59.95 (TIPS member price)
PC: 5190225
Package Available
Purchase both topical indexes listed and receive a free TIPS binder.
$119.00 (regular price) $109.00 (TIPS member price)
PC: 5190229
Subrogation Rights of the Contract Bond Surety
Originally presented at the 1990 ABA Annual Meeting, these papers
provide discussions of:
- The four essential elements necessary for a contract bond
surety to successfully assert its subrogation rights
- How to determine the failure of the contractor to perform
its obligations
- The surety's performance of the contractor's obligations
- The content, timing, and goals of the surety's notice
- Elements of proof in the contract bond surety's subrogation
action to recover bonded funds
1991 254 pages 8 ½ x 11 paper
LC: 91-55167 ISBN: 0-89707-656-7
$49.95 (regular price) $44.95 (TIPS member price)
PC: 5190143
Commercial Blanket Bond Annotated, First Supplement
This First Supplement covers the period from 1985 to 1991.
It includes a concordance table, identifying for each topic the
specific section of the Commercial Blanket Bond, the Blanket Crime
Policy and the Comprehensive 3-D Policy, and the revised Commercial
Crime Policy. Also included are the secondary sources and decisions
rendered since 1985.
1988 106 pages 6 x 9 looseleaf
shrinkwrapped/without binder
LC: 85-72949 ISBN: 0-89707-645-1
$54.95 (regular price) $49.95 (TIPS member price)
PC: 5190046S
Package Available
The First Supplement and the original Commercial Blanket Bond Annotated
are available as a package with a TIPS binder.
$79.95 (regular price) $69.95 (TIPS member price)
PC: 5190046-01
Special Price-
Bankers and Other Financial Institution Blanket Bonds
Available for just $5.00, this publication was printed in 1979
as resource for attorneys representing banks and other financial
institutions and includes the entire range of blanket bond coverage.
1979 631 pages paper
LC: 79-63966 ISBN: 0-89707-001-1
$5.00 each
PC: 5190015
Financial Institution Bond Litigation
This collection focuses on suits of negligence, fraud, and breach
of fiduciary duty against a still-operational bank, presenting
defenses and remedies for the bank, the surety, the directors
and officers, and their insurer.
1988 232 pages 8 ½ x 11 paper
LC: 87-51663 ISBN: 0-89707-342-8
$44.95 (regular price) $34.95 (TIPS member price)
PC: 5190074
Fidelity and Surety News
This is the only periodical offering digests of decisions-as soon
as they are reported-on construction contract bonds, financial
institution and other fidelity bonds, and surety's rights. Each
digest consists of a concise summary and a complete citation.
Quarterly publication
$150.00/yr PC: IL-05
$45/single issue
To order any of the items listed in the
catalog, call the ABA Service Center at 800-285-2221, or use the on-line order form.
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