Fidelity & Surety
For companies in the fidelity and surety industry, the importance of working with a law firm that combines experience with foresight cannot be overstated. Knowledgeable counsel and effective litigators are the key to avoiding the pitfalls that threaten business models and financial well-being.
Chiesa Shahinian & Giantomasi’s Fidelity and Surety Group, one of the largest in the nation, delivers more than 200 years of combined experience in matters specific to sureties and fidelity insurers. Our attorneys are active participants in the most prominent legal and industry groups and many are sought-after leaders, speakers, authors and authorities on a wide variety of topics important to the industry. By virtue of this vast experience and extensive industry involvement, our attorneys provide thoughtful, thorough and cost-effective approaches to each matter.
In recognition of the unique experience and distinctive service our Fidelity and Surety Group offers, most of the top 10 bonding companies are Chiesa Shahinian & Giantomasi clients, as are many of the nation’s smaller sureties and fidelity insurers.1
We handle surety claims from inception through workout or litigation, ranging from large, multi-project and multi-prime defaults both nationally and internationally, to regional and local project-specific claims. Our surety representation encompasses:
- All aspects of performance and payment bond claims, including:
- Default and claim analysis
- Takeovers and tenders
- Contested defaults
- Litigation (including trials), arbitration and mediation, both nationally and locally
- Protection of surety interests in the principal’s bankruptcy
- Workouts, intercreditor and security agreements, restructuring and financing
- Pursuit of salvage, subrogation and cross-subrogation rights
- All aspects of claims against commercial and other miscellaneous bonds
- Claims management and coordination
- Serving as national coordinating counsel for multi-state surety claims
Our representation of fidelity insurers runs the gamut from the investigation, coverage analysis, defense and resolution of multi-million dollar claims on financial institution bonds, commercial crime policies, credit union bonds and other standard and proprietary bond forms; to the pursuit of recovery from defalcators, including representation of the fidelity insurer’s interests in criminal proceedings and the pursuit of restitution and subrogation rights.
Our Fidelity and Surety clients also benefit from the 100+ Chiesa Shahinian & Giantomasi attorneys who provide services in areas such as:
- Commercial litigation
- Insurance defense litigation
- Environmental law
- Secured transactions and finance
- Securities law
- Banking law
- Tax law
This broad practice allows Chiesa Shahinian & Giantomasi to provide its fidelity and surety clients with comprehensive representation, from receipt of the claim to the last dollar of recovery, and to do so in a cost-effective fashion.
1Based upon rankings prepared by the Surety & Fidelity Association of America.
- 36 CSG Attorneys Selected for Inclusion in 2017 New Jersey "Super Lawyers" and "Rising Stars"
- Chiesa Shahinian & Giantomasi PC Announces Six Attorney Promotions
- 32 CSG Attorneys Selected for Inclusion in 2016 New Jersey "Super Lawyers" and "Rising Stars"
- Thirty Wolff & Samson Attorneys Selected for Inclusion in "New Jersey Super Lawyers" and "Rising Stars"
- Twenty-one Wolff & Samson Attorneys Named to "Super Lawyers" and "Rising Stars"
- Wolff & Samson Attorneys Named to "Best Lawyers in America"
- Marc R. Lepelstat Joins Wolff & Samson as Counsel in the Fidelity & Surety Group
- 6/21/2017: Surety Claims Institute Annual Meeting
- 6/14/2017: The Surety's Application to Compel the Deposit of Collateral Under the General Indemnity Agreement
- 5/10-12/2017: Fidelity and Surety Law Committee Spring Meeting
- 4/24/2017: National Association of Surety Bond Producers 2017 Annual Meeting and Expo
- 3/29/2017: Fidelity and Surety Committee CLE Meeting
- 1/19/2017: 2017 ABA FSLC Mid-Winter Meeting
- 11/10/2016: 2016 FSLC Fall Meeting
- 9/21-23/2016: 27th Annual Northeast Surety & Fidelity Claims Conference
- 5/20/2016: DRI Fidelity and Surety Roundtable
- 26th Annual Northeast Surety & Fidelity Claims Conference
- Fidelity & Surety Committee Spring Meeting - Armen Shahinian & Brian Kantar
- 25th Annual Northeast Surety & Fidelity Claims Conference
- Ethics Presentation for In-House Counsel: Part Four of A Complimentary CLE Series
- In-House Attorney-Client Privilege and Disclosure Issues: Part Two of a Four-Part Complimentary CLE Series
- The Contract Bond Surety's Subrogation Rights
- RPCs and the In-House Attorney: Part One of a Four-Part Complimentary CLE Series
- DRI Fidelity & Surety Committee Annual Meeting
- ABA TIPS Fidelity and Surety Law Committee's Midwinter Program
- Shahinian Presents at "Best Bonds on the Beach IV"
- 21st Annual Northeast Surety & Fidelity Claims Conference
- 20th Annual Northeast Surety & Fidelity Claims Conference
- The Law of Performance Bonds: A New Look at Today's Issues
- Coordinating Investigations Between or Among Co-Sureties
- Financial Institution Bonds: From the Masters
- Fidelity Law: The Year in Review
- Luncheon Program for the American Bar Association, Tort Trial & Insurance Practice Section, Fidelity & Surety Law Committee's Mid-Winter Meeting
- Loan Loss Coverage Under Financial Institution Bonds
- The Northeast Surety and Fidelity Claims Conference
- Completing the Project:The Differing Perspective of the Many Project Participants
- New York State Cybersecurity Regulations Regarding Cyber and Data Privacy Obligations Applicable to Banking, Insurance and Financial Services
- Freelance May Not Be Free, but Who Pays? Concerns Facing Sureties in Light of New York City Council's Enactment of "Freelance Isn't Free" Act
- New York Appellate Court Confirms Viability of Surety's Claims for Affirmative Monetary Relief Against Owner-Obligee Arising from Owner-Obligee's Material Modifications of Bonded Contracts
- Contractor's "Deliberately Cultivated Ignorance" Supports Finding of Defalcation Sufficient to Except Debt Owed to Subcontractors from Discharge under 11 U.S.C. § 523(a)(4)
- Seventh Circuit Affirms Denial of Discharge in Bankruptcy Arising out of Contractor's Defalcation of Trust Funds, Rejecting Contractor's Claimed Ignorance of Applicable Trust Fund Statute
- Federal Regulations Amended to Allow Agencies to Decline to Accept Bonds from Treasury Listed Sureties "For Cause", Providing Contracting Officers a New Cudgel
- New York's Appellate Division Affirms Trial Court's Ruling that Failure to Comply with A312 Performance Bond Requirements Precludes Recovery By Obligee
- New Jersey Appellate Division Limits Gentilini Ford
- New York Court Rules that Failure to Comply with A312 Performance Bond Requirements Precludes Recovery for Defective Work Discovered After Project Completion
- Spouse's Sworn Statement Regarding Alleged Forgery on Indemnity Agreement and Copies of Official Documents Bearing Her Signature Insufficient to Defeat Surety's Summary Judgment Motion