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Secrets of Bonding 133: “Please Sign Here” (With Caution!)

we’ve written about indemnity agreements earlier than (revel in secrets and techniques #19 and seventy nine) but current hobby with our clients has stimulated but extra in this essential situation.

as a follower of the “secrets” series, you may already recognise what a preferred indemnity settlement (gia) is, and that may be a requirement all bond candidates face. basically, it consists of a payback responsibility to the surety just like a promissory note.

as a bond applicant, why should you be careful whilst signing such files?

the first purpose is that it could consist of organizations or person people who are irrelevant. some examples: an affiliated agency wherein the bond applicant has a minority interest. another might be an individual person with little or no possession within the corporation and isn’t married to an officer, key individual or most important agency owner.

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the second motive is that there may be clauses in the indemnity agreement that can be difficulty to negotiation – even though underwriters will face up to. nevertheless, in case you see something objectionable which include “confession of judgement” which isn’t always even accredited in a few states, you have to ask for it to be removed. this will also be the time to invite for additions to the report, consisting of a dollar trouble on private indemnity of certain individuals (spouses? minority proprietors?) or cause indemnity that is handiest activated beneath specific occasions. no damage in trying.

the 0.33 motive is because of the gravity of the indemnity responsibility. via the gia, the bond applicant employer and its owners agree to repay the surety for losses and expenses. they are actually putting everything on the line. what’s the dollar restriction of this obligation? is it a) the agreement amount? b) the payment bond quantity? or c) the t-listing of the surety? solution: the liability quantity is unlimited.

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