Surety, Fidelity & Specialty Coverages

The Firm is a pioneer in the surety and fidelity industry including specialty insurance coverages. Our depth of knowledge and experience in this area is unparalleled and allows for the most effective and efficient representation in claim investigations and litigation.

Since its inception, the Firm has represented fidelity and fiduciary insurers in complex coverage matters as well as in defense of fidelity claims and property insurance coverage claims.  The Firm’s fidelity practice has produced many of the leading cases in the field, including The Vons Co. v. Federal Ins. Co., 212 F.3d 489 (9th Cir. 2000) (“direct means direct” for purposes of crime policy); Pestmaster v. Travelers, 2014 U.S. Dist. LEXIS 108416 (C. D. Cal. July 17, 2014), aff’d., 656 Fed. Appx. 332 (9th Cir. Cal., 2016) (computer fraud requires unauthorized access or entry to the insured’s computer in order to make an unauthorized transfer); Taylor & Lieberman v. Fed. Ins. Co., 681 F. App’x 627 (9th Cir. 2017) (unauthorized e-mails are not covered under forgery, computer theft, or funds transfer fraud insuring agreements of crime policy); Stanford University Hospital v. Federal Ins. Co., 174 F.3d 1077 (9th Cir. 1999) (loss caused by third party payroll service was excluded by a provision precluding coverage for authorized representatives or independent contractors); Avery Dennison Corp. v. Allendale Mutual Ins. Co., 310 F.3d 1114 (9th Cir. 2002) holding that an employee’s copying and sale of the employer’s trade secrets did not result in a covered loss as coverage extended only to “tangible” property, and not intangible intellectual property, and Aqua Star (USA) Corp v. Travelers Cas. & Sur. Co. of Am., 719 Fed. Appx. 701 (9th Cir. 2018) (crime policy excludes coverage for loss resulting from authorized transfer by insured).

In addition to the Firm’s fidelity pedigree, the Firm has extensive experience in the surety industry including claim investigation, default analysis and negotiation, claims handling, litigation and advice in drafting bond forms and endorsements.  As a compliment to the Firm’s surety practice, our team also has extensive experience in a variety of construction issues. Our team also assists clients navigate data protection laws regulating the collection, use, disclosure and security of personal information by providing practical advice to help clients balance compliance with running a business in a cost-effective manner. Our skills are valued by companies that operate in highly­ regulated sectors such as financial services, healthcare and pharmaceuticals. Our team assists with compliance and risk management, establishes programs and policies, provides employee training, responds to regulatory inquiries and investigations and litigation.

The Firm also has significant experience in handling claims, overseeing litigation and defending suits brought in relation to directors and officers liability policies. The Firm has acted on behalf of insurers serving as coverage, litigation and/or “monitoring” counsel on scores of suits brought against companies and individuals insured by D&O products. The Firm has defended litigation brought against insurers seeking recovery of defense costs and/or indemnity payments made. The Firm handled Big 5 Corp. v. Gulf Underwriters Insurance Company, 136 Fed.Appx. 996 (9th Cir. 2005), an important ruling for the insurance industry with respect to coverage for overtime/wage claims. The Firm as well handled Pan Pacific Retail Properties v. Twin City Fire Ins. Co.; et al., 466 F.3d 867 (9th Cir. 2006), in which the court addressed the insurability of “increased consideration” suits brought by shareholders following mergers.

The Firm is dedicated to providing cost-effective and excellent results for our clients in the following areas:

  • Fidelity Claims, Investigation and Litigation
  • Computer Crime and Electronic Funds Transfer Claims
  • Cyber Insurance Claims
  • Banking Fraud
  • Embezzlement Claims
  • Fraudulent Documentation 
  • Employee Dishonesty and Fraud
  • Third Party Claims
  • Loan Losses
  • Indemnity
  • Subrogation
  • Payment Bonds
  • Performance Bonds
  • Notary Bonds
  • Probate Bonds
  • Fiduciary Bonds
  • Surety Bonds
  • Completion Guarantees/Bonds
  • Motion Picture Completion Bonds
  • Construction Bonds
  • Contractual Disputes
  • Construction Disputes
  • Mechanic’s Liens
  • Traditional Lump-Sum and Guaranteed Maximum Price Contracts
  • Performance­ Based Contracts
  • Construction Management Contracts 
  • At-Risk Contracts
  • Design Contracts
  • Privacy Concerns
  • Data Breaches
  • Risk Management

Contact Us

Los Angeles  (213) 688-0080
Las Vegas  (702) 479-1010
Phoenix  (602) 427-5991

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