Fidelity & Surety

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Strasburger fidelity and surety attorneys have been called upon by leading industry groups to act as trusted advisors, both for purposes of drafting standard industry forms and assisting with educational programs, including serving as advisors to The Surety & Fidelity Association of America and the Fidelity Law Association of America.  Our lawyers have extensive experience, both at home and abroad, advising clients in the investigation of claims involving employee dishonesty, theft, financial institution, savings and loan, commercial crime, and mortgage banker bonds.  Our vast experience in handling every type of imaginable claim allows us to quickly and efficiently analyze the underlying facts of a claim and assess a client’s potential exposure.

We have been able to achieve excellent results for our fidelity and surety clients in the investigation phase of the claim, in analyzing and handling claims, in preparing the case for trial, in mediating and arbitrating bond claims, and in trying and winning trials and appeals.  As a result, we are national fidelity bond claims counsel for one of the leading insurers in the industry, regional fidelity and surety counsel for other insurers, and we frequently are asked to represent clients both throughout North and South America, as well as overseas.  We have been selected to represent insurers in some of the largest and most significant cases in the history of the industry.  Strasburger is truly the “go to” firm for fidelity and surety representation in Texas, across the United States, and beyond.

The firm’s practice unit leaders are available to answer any questions about Strasburger’s capabilities.  To learn more about this practice area, please contact michael.keeley@strasburger.com.
Fidelity & Surety
OVERVIEW
Strasburger fidelity and surety attorneys have been called upon by leading industry groups to act as trusted advisors, both for purposes of drafting standard industry forms and assisting with educational programs, including serving as advisors to The Surety & Fidelity Association of America and the Fidelity Law Association of America.  Our lawyers have extensive experience, both at home and abroad, advising clients in the investigation of claims involving employee dishonesty, theft, financial institution, savings and loan, commercial crime, and mortgage banker bonds.  Our vast experience in handling every type of imaginable claim allows us to quickly and efficiently analyze the underlying facts of a claim and assess a client’s potential exposure.

We have been able to achieve excellent results for our fidelity and surety clients in the investigation phase of the claim, in analyzing and handling claims, in preparing the case for trial, in mediating and arbitrating bond claims, and in trying and winning trials and appeals.  As a result, we are national fidelity bond claims counsel for one of the leading insurers in the industry, regional fidelity and surety counsel for other insurers, and we frequently are asked to represent clients both throughout North and South America, as well as overseas.  We have been selected to represent insurers in some of the largest and most significant cases in the history of the industry.  Strasburger is truly the “go to” firm for fidelity and surety representation in Texas, across the United States, and beyond.

The firm’s practice unit leaders are available to answer any questions about Strasburger’s capabilities.  To learn more about this practice area, please contact michael.keeley@strasburger.com.

EXPERIENCE
Strasburger is at the forefront of developments in the industry, including new and soon to be released policy forms, and are able to assist clients in analyzing legal issues and evaluating risks in a manner best suited to lead to a prompt and reasonable resolution of claims. When a matter cannot be resolved amicably, our lawyers represent clients in state and federal courts across the country, as well as in mediation and arbitration proceedings. Our lawyers also represent clients in salvage and subrogation matters after a claim is resolved.

Strasburger’s surety lawyers provide experienced representation in all facets of the surety industry in connection with all types of bonds, including performance, payment, probate, public officials, subdivision, and various other miscellaneous commercial surety bonds. Our lawyers have successfully handled countless complex contract surety claims, guiding sureties through pre-default investigations and negotiations and completion of construction projects after default, including drafting and negotiating completion contracts, takeover agreements, ratification agreements, financing agreements, and other pertinent surety agreements.

Our lawyers likewise have extensive experience handling complicated and varied commercial surety bond claims, from the initial investigation and analysis to conclusion. Our expertise and experience extends to protecting the surety’s interests in bankruptcy proceedings, including pre-bankruptcy and post-filing negotiations of reorganization plans, conflicts regarding unpaid proceeds of bonded contracts, negotiations regarding assumption of bonded obligations, and other issues affecting the surety in bankruptcy.

Our expertise extends well past the conclusion of the claim itself. We have significant experience handling surety salvage efforts, including claims against principals and indemnitors, owners, subcontractors and suppliers, design professionals, accountants, and other parties potentially responsible for a surety’s loss. Our surety lawyers have been instrumental in writing and editing some of the most important publications in the industry, such as the Bond Default Manual, and are actively involved with prominent industry groups, including the Fidelity & Surety Law Committee of the ABA, the Surety Claims Institute, the National Bond Claims Association, DRI’s Fidelity & Surety Law Committee, and the Gulf Coast Fidelity & Surety Law Institute.

Attorneys in our fidelity and surety group are not just litigators but experienced trial lawyers who keep abreast and lecture on the latest techniques involving electronic discovery, evidence and computer technology, and are equipped to handle complicated multi-party lawsuits. Strasburger has long recognized the need to protect a favorable judgment and the right to correct an unfavorable one. As a result, our group has been involved in numerous appeals resulting in published opinions instrumental to the advancement of the fidelity and surety industry.

DISTINCTIONS
Strasburger has been at the forefront of the fidelity and surety industry for over sixty years.  From the quiet days of the 1960s to the mercurial 1980’s dealing with the banking and real estate crisis throughout the country,  to the advent of electronic banking and mega-construction projects of the 1990s and 2000s, Strasburger’s fidelity and surety team has experience in nearly every aspect of the industry.

Strasburger fidelity and surety attorneys have significant involvement in various industry groups.  Practice unit leader Michael Keeley is the Immediate Past Chair of the Fidelity & Surety Law Committee of the American Bar Association.  He and fellow group member Duncan Clore were appointed as two of only several legal advisors to the Surety & Fidelity Association of America, the leading trade association in the fidelity and surety industry.  Michael Keeley is also an advisor to the Fidelity Law Association, the former Chief Editor of the Fidelity Law Journal, the former Editor-in-Chief of the Tort & Insurance Law Journal, and a frequent writer and speaker. He served as editor of Handling Fidelity Bond Claims, an ABA publication focusing on the practical issues confronting insureds and insurers in the submission, investigation, and investigation of fidelity claims, and the editor of the Annotated Financial Institution Bond.

Duncan Clore is also a Past Chair of the Fidelity & Surety Law Committee of the ABA, the Editor of the Bond Default Manual and Financial Institution Bonds, and a frequent author and speaker on fidelity and surety topics.

Chris Ward is a Past Vice Chair of the Fidelity & Surety Law Committee, Co-Chair of the Young Professional’s Involvement Subdivision of the FSLC, a member of the Steering Committee of the Defense Research Institute, the Surety Features Editor of the FSLC Newsletter, the Articles Editor for the Surety Claims Institute, and a founding member of the Texas Surety Claims Institute. Mr. Ward is a frequent writer and speaker on surety and fidelity topics.

We are able to augment our experience and ability in the fidelity and surety area with many of the firm’s other practice areas, including banking, bankruptcy, ERISA, probate, real estate, securities and taxation. The specific expertise of the lawyers in these other groups is an invaluable resource when handling complex claims.  Like the lawyers in the fidelity and surety group, many are well known leaders in their respective areas of practice.