Fidelity & Surety Subrogation

The Fidelity & Surety Subrogation Practice at Insurance Subrogation Group (ISG) handles claims throughout the United States. We have successfully recovered on behalf of our fidelity insurers under Bond Standard Form No. 24, and Insurance Service Office, Inc.’s Crime and Fidelity Insurance forms.  We handle claims involving:

  • Breach of fiduciary duty by directors and officers
  • Burglary and robbery
  • Conversion
  • Dishonest or fraudulent acts or theft committed by the insured’s employee
  • Forgery or alteration of checks and other negotiable instruments
  • Negligence by accountant, bank, and third parties
  • Unauthorized electronic funds transfers and wire fraud
  • Uniform Commercial Code claims

We are a formidable team member in a fidelity insurer’s recovery efforts. At ISG, we are armed with a deep understanding of underlying coverage issues, the repertoire of methods of preserving a fidelity insurer’s right to subrogation, and the aggressive pursuit of subrogation targets.  In order to preserve the fidelity insurer’s subrogation rights, we:

  • Draft and negotiate tolling agreements with the potential responsible party
  • Examinations under oath of insured
  • File declaratory judgment actions to compel the cooperation of the insured in pursuit of the fidelity insurer’s subrogation rights
  • Institute civil recovery against targets
  • Negotiate loan receipts
  • Prepare assignment of the insured’s rights
  • Prompt notice to potential subrogation targets
  • Review settlement agreements between fidelity insurer and the insured to secure the insured’s continued cooperation in the prosecution of the subrogation action
  • Secure criminal restitution orders and enforce such orders