GLOSSARY
OF TERMS
ACCOUNTING METHODS: For
construction or building contractors, the two methods of accounting, both
realistic and preferred by surety companies, are (a) the Completed Contract
method, and (b) the Percentage-of-Completion method.
ADMINISTRATOR: A fiduciary
appointed by a probate court to manage or distribute the assets of an estate of
a person who died without leaving a will.
ADMINISTRATOR CUM TESTAMENTO ANNEXO OR WITH WILL ANNEXED: One
appointed by a probate court to administer the estate where the deceased left a
will but failed to name an executor or the one named as executor fails to
qualify.
ADMINISTRATOR, CUM TESTAMENTO ANNEXO, DE BONIS NON: One appointed by a probate court to succeed
an executor who has died, resigned, or been discharged before the
administration is complete.
ADMINISTRATOR DE BONIS NON:
One appointed by a probate court to succeed an administrator who has
died, resigned or been discharged before the administration is complete.
ADMINISTRATOR PENDENTELITE:
One appointed to preserve the assets of a decedent's estate where the
will is contested or other circumstances occur which delay qualification of an
executor if there is a will, or the appointment of an administrator if there is
no will.
ADVANCE PAYMENT BOND: Guarantees
repayment or liquidation by the principal of moneys advanced in connection with
a construction or supply bond or other type of contract.
AGGREGATE LIABILITY CLAUSE: A
clause in a third party license bond which limits the surety's liability to the
bond penalty regardless of the number of claims made against the bond.
ALCOHOL BOND: A general term
describing a bond given in compliance with federal or state laws or regulations
governing the sale, manufacture or warehousing of alcohol for beverage or
non-beverage purposes.Where the alcohol
is intended for beverage purposes, the bond is frequently referred to as a
liquor bond or intoxicating liquor bond.
ANNUAL BOND: One written to cover
contractors or bids awarded or submitted during an annual period or for a
period terminating within a fiscal year.
APPEAL BOND: One filed in court
by a party against whom a judgment has been rendered, in order to stay
execution of the judgment pending appeal to a higher court, in hope of
reversing the judgment.The bond
guarantees that the judgment will be paid if the appeal fails.
APPLICATION: A questionnaire which must be completed, when
required, by an applicant for a bond. It
gives the company information about the applicant and contains his/her
agreement to indemnify the surety in the event of loss, as well as his/her
promise to pay the premium.
ASSETS: The items on a balance sheet showing the book
value of property owned.For a surety
this could include all funds, property, securities, etc., or the property of an
estate, whether real or personal.
ATTACHMENT
BOND - PLAINTIFF'S: Attachment is taking
a defendant's property into custody by a summary process from the court in
advance of the trial on the merits of the case.
It is taken as security for the payment of any judgment that may be
recovered by the plaintiff in the action.
Attachment is allowed only where the plaintiff alleges a statutory
ground for it (e.g. defendant is a nonresident or is about to leave the
jurisdiction or remove or conceal his/her property).The bond, which the plaintiff is required to
furnish, provides for indemnity to the defendant against loss or damage in case
it is finally decided that a statutory ground did not exist or the plaintiff
fails to recover a judgment against the defendant.
ATTACHMENT
- DEFENDANT'S BOND TO DISCHARGE OR RELEASE:
When an attachment has been issued, a defendant may discharge the
attachment by giving the bond conditioned for the payment of any judgment that
may be rendered against him/her in the action, with interest and costs.
BID
BOND: Given by a bidder for a supply or
construction contract to guarantee that the bidder, if awarded the contract
within the time stipulated, will enter into the contract and furnish the
prescribed performance bond.Default
will ordinarily result in liability for the difference between the amount of
the principal's bid and the bid of the next low bidder who can qualify for the
contract.In any event, however, the
liability of the surety is limited to the bid bond penalty.
BLANKET
FIDELITY BOND: A bond which covers loss
of money, merchandise, or other property owned by the insured or in which
he/she has a pecuniary interest, when such loss is due to dishonesty of his/her
employees.All employees are covered
under the bond unless specifically excluded.
BLANKET
POSITION BOND: A blanket fidelity bond
which covers all of the insured's employees for a uniform amount on each so
that if loss is caused by dishonest or fraudulent acts of two or more employees
in collusion, recovery up to the amount of the bond may be made on each
identifiable participating employee.
BLUE SKY
BONDS: Many states control the sale of
securities under regulations known as Blue Sky Laws.These laws are designed to prohibit the sale
of worthless securities.The bonds
required of security dealers indemnify purchasers against loss caused by false
representations.The term Blue Sky Law
originated when a court complained that certain stock was backed only by the
blue sky.
BOND: Generally speaking, it is an agreement
whereby one party, called the surety, obligates itself to a second party,
called the obligee, to answer for the default of a third party, called the
principal.
CANCELLATION
CLAUSE:A clause in a bond which permits
the surety to terminate its future liability by serving written notice upon the
obligee.
CLAIMANT'S
BOND: In cases where, pending final
decision on the merits, property is released to one not a party to the
litigation, who claims to be the owner thereof.
The claimant may be required to give bond conditioned for the return or
redelivery of the property if ordered to do so by the court.
CO-FIDUCIARY: One who serves as a fiduciary jointly with
another, such as a co-administrator, co-executor, co-guardian, etc.
COLLATERAL: Anything of value pledged with the surety to
secure it against loss by reason of default of the principal.
COLLUSIVE
LOSS: A loss caused by two or more
dishonest employees acting in consort.
COMMERCIAL
BLANKET BOND: A blanket fidelity bond
issued in a stated amount on all regular employees of commercial establishments
covering against loss from employees' dishonest acts.
COMMISSIONER
OF INSURANCE: The official charged with
enforcement of the laws pertaining to insurance in his/her state.In some jurisdictions this official is called
the superintendent or director of insurance.
COMMITTEE: One appointed by a court to manage the estate
of a person who has been declared incompetent.
Also known as conservator or a curator.
COMPLETION BOND: One covering
performance of a construction project that names as an obligee a lender or
similar party in a position to invoke the performance features of the bond for
its benefit without an obligation to provide funds or to complete.
CONDITION: The technical name of
one of the four parts of a bond.The
condition is not a qualification of coverage as with an insurance policy, but
is the essence of the guarantee.
CONSERVATOR: A person, official,
or institution designated to take over and protect the interests of an
incompetent.
CONTINUITY CLAUSE: The clause in
a bond, or rider attached to a bond, under which that bond, subject to its
terms, assumes liability for any loss due to acts which occurred while a prior
bond was in force, but which were not discovered until after the expiration of
the discovery period of the prior bond.
CONTRACT BOND: A guarantee of the
faithful performance of a construction contract and usually the payment of all
labor and material bills related to it.In those situations where two bonds are
required - one to cover performance and the other to cover payment of labor and
materials - the former is known as a performance bond, and the latter as a
payment bond.
CONTRACT PRICE: The whole sum of
money which passes from the owner to contractor when final settlement is made
between the two under the contract, the basis for the premium charge on most
types of construction and supply contract bonds.
CONVERSION: The wrongful taking
of property entrusted to one's care.
CORPORATE SURETY: A corporation
licensed under various insurance laws, which under its charter, has legal power
to act as surety for others.
COST BOND: One required of a
litigant conditioned for the payment of the costs of the litigation, such as
fees of the court clerk, sheriff, etc.
CO-SURETY: One or two or more
surety companies directly participating in a bond.Their obligation to the owner is joint and
several, but often a limit of liability for each surety is stated as between
themselves.
COUNTERSIGNATURE: A signature of
a licensed domiciled agent or representative required by the laws of some
states to validate the bond.
COURT BONDS: A general term
embracing all bonds and undertakings required of participants in a lawsuit permitting
them to pursue certain remedies in the courts.
CUMULATIVE LIABILITY: The
aggregate amount of two or more bonds in behalf of the same principal (or in
the case of fidelity or blanket bonds, in favor of the same obligee) filed in
succession, where the succeeding bond(s) does not extinguish the liability
under the prior bond(s) or the liability of the surety is the penalty of the
bond times the number of years in force.
CUSTOMS BONDS: These bonds
guarantee the payment of import duties and taxes, and compliance with
regulations governing the entry of merchandise from foreign countries into the United States.
DEDUCTIBLE: An amount which is to
be "deducted" from any loss and which the insured agrees to bear
personally.
DEPOSITORY BOND: This guarantees
repayment of moneys deposited with a bank in the event of the failure or
insolvency of the bank.While this is
now a negligible line of surety business, it was once a large one.The Federal Deposit Insurance Corporation
(FDIC) now guarantees the payment of bank deposits.
DEPOSITORY LIABILITY: A public
official is liable for public funds which he/she deposits in a bank and cannot
pay over because of insolvency or failure of the bank.In many states, statutes provide for the
designation of depositories for public funds and for the furnishing of
collateral security by such depositories.
Such laws, if interpreted strictly, usually exempt the public official
and his/her surety from liability for loss through failure of any of the
designated and qualified depositories.
DEPOSIT PREMIUM: The advance
premium required by a surety company on those forms of bonds which are subject
to premium adjustment.
DISCOVERY BOND: A form of
fidelity bond which covers against dishonest or fraudulent acts of employees,
provided such loss is discovered any time after the bond becomes effective and
before it is terminated, irrespective of when the dishonest or fraudulent acts
were committed.
DISCOVERY PERIOD: Under certain
bonds and policies, provision is made to give the insured a period of time
after the cancellation of a contract in which to discover whether a loss was
sustained that would have been recoverable had the contract remained in
force.This period usually varies from
six months to three years.The period
may be determined by statute; in certain bonds, it is of indefinite duration
because of statutory requirement.
DISHONESTY INSURANCE: A generic
term describing fidelity bond coverage guaranteeing against loss caused by
dishonest officers or employees of a commercial firm or by dishonest public
officials or employees.
EARNED PREMIUM: The premium
amount which would compensate the surety for the protection furnished for the
expired portion of the term of the bond.
EFFECTIVE DATE: The date from
which bond coverage is provided.
ENDORSEMENT: A form attached to
the bond to add to, alter, or vary its provisions.Sometimes called a rider.
EXCESS BOND: Additional coverage
over a primary bond protecting against certain perils (usually dishonesty)
applying only to loss above a specified amount.
EXCLUSION: A provision in a bond
referring to perils or property not covered.
EXECUTOR: One named in a will to
distribute and settle the estate of the testator.
EXPENSE RATIO: The percentage of
the premium used to pay all costs of acquiring, writing, and servicing the
bond.
EXPERIENCE: The loss record of
either an individual or a class of coverage.
EXPERIENCE RATING: A plan
available for fidelity bonds whereby surcharges or discounts are applied to premiums
developed by those risks based on the actual past experience of such
risks.
EXPIRATION: The date upon which a
bond will cease to provide coverage unless previously cancelled.
FAITHFUL PERFORMANCE BOND: A type
of bond where the coverage goes beyond protection against loss due to
dishonesty or fraudulent acts of the principal; it provides protection to the
named insured against loss by reason of the failure of the persons covered
hereunder to faithfully perform their duties as prescribed by law or by the
constitution and bylaws of the insured or their equivalent.
FIDELITY BOND: A bond which will
indemnify an insured for loss caused by a dishonest act or fraudulent act of an
employee covered under the bond.Also
known as dishonesty insurance.
FIDUCIARY: A person who occupies a position of trust,
particularly one who manages the affairs or funds of another.
FIDUCIARY
BOND: Required of administrators,
executors, guardians, committees, etc., guaranteeing faithful performance
of duty in accordance with the laws applicable to the trust.Frequently called a probate bond because the
bond is customarily filed in a probate court.
FINANCIAL
GUARANTEE BOND: A bond that guarantees
payment of a sum of money whether or not the exact amount is known or
stated.Common types are:court bonds (appeal, etc.), lease bonds which
guarantee payment of rent, etc.
FINANCIAL
RESPONSIBILITY LAW: A statute requiring
motorists to furnish, either before or after an accident, evidence of ability
to pay damages.Such evidence may be
furnished by a surety bond.
FINANCIAL
STATEMENT: A balance sheet which the
surety requires of an applicant for a bond (particularly a contractor), setting
forth his/her financial position as of a given time or period.
FIXED
PENALTY BOND: A bond for which the
amount is expressed in terms of a stated and definite sum of money.
FORFEITURE
BOND: A bond where the full penalty is
payable upon breach of the condition regardless of the amount of loss or
damage.
GARNISHMENT
- BOND TO DISCHARGE OR RELEASE: When
money or property belonging to a defendant has been attached while in the hands
of a third party, the proceeding is called a garnishment and the third party is
called the garnishee.The bond is
similar to a release of attachment bond.
GROSS
LOSS: The amount of loss before giving
effect to reinsurance.Usually reported
inclusive of claim expenses.It may also
be considered as the loss without allowance for collection of salvage.
GUARDIAN AD
LITEM: One appointed to preserve the
assets of the estate of a minor during a litigation which delays the
appointment of a general guardian.
GUARDIAN OR
GENERAL GUARDIAN: A fiduciary appointed
by the court to administer the estate of a minor.
HAZARD: A term applied to certain conditions which
may create or increase the probability of a loss, because of a given
peril.
HOLD-OVER
PUBLIC OFFICIALS: Those who are elected
or appointed to succeed themselves in office or who continue beyond the limits
of their terms until their successors are appointed or elected.
IMMIGRANTS
BOND: A class of federal bonds covering
aliens who enter the United
States legally.
INCOME TAX BONDS: These are given
to guarantee payment of federal income taxes due or claimed to be due.They are direct financial guarantees and
collateral usually is required.
INDEMNIFY: To compensate for
actual direct loss sustained under a bond.
There can be no recovery on a bond until the obligee has actually
suffered a loss.
INDEMNITOR: One who enters into
an agreement with a surety company to hold the surety harmless from any loss or
expense it may sustain or incur on a bond issued on behalf of another.
INDEMNITY BOND: A general term
describing any bond which protects the obligee against direct loss which may
arise as a result of failure on the part of a principal to perform.
INDEMNITY TO SHERIFF OR MARSHAL:
A sheriff or marshal, in the execution of the process of the courts, may
incur liability for damage to a third party through an act or acts which turn
out to be wrongful.Either official when
requested to take some particular action, may require a bond of the party
making the request.The bond covers the
liability of the sheriff or marshal in that connection.
INDIVIDUAL FIDELITY BOND: A bond
covering a single employee for a specified amount to protect the employer in
the event of the employee's dishonesty.
INJUNCTION - PLAINTIFF'S BOND TO SECURE:
An injunction is a judicial process whereby the defendant is required to
do or refrain from performing a particular act.
An order granting an injunction may be on the condition that the
plaintiff furnish a bond to indemnify the defendant against loss in case it is
decided that the injunction should not have been granted.
INJUNCTION - DEFENDANT'S BOND TO DISSOLVE: When an injunction has been issued, the court
may order the injunction dissolved upon the giving of a bond.The bond guarantees payment the plaintiff may
sustain as a result of the performance of the act or acts originally
enjoined.It is then the privilege of
the defendant to proceed as if the injunction had never been issued.
INSURING
CLAUSE: That part of a bond or policy
which recites the agreement of the insurer to protect the insured against some
form of loss or damage.Also known as an
insuring agreement.
INTESTATE: One who dies without a
legal will.
INTERNAL REVENUE BONDS: A class
of federal bonds which guarantee compliance of producers of distilled spirits,
tobacco, etc., with applicable laws and regulations, as well as the payment of
taxes.
JOINT CONTROL: An arrangement by
written agreement between a fiduciary and a surety, acknowledged by the bank in
which funds are deposited or securities lodged so that the funds or securities
are controlled by both parties; usually all checks are required to be signed by
the fiduciary and countersigned by an authorized representative of the surety
and access to the securities can be had only in the presence of an authorized
representative of the surety.
JOINT VENTURE: A joining of the
financial resources and skills of several contractors to undertake contracts of
construction too large for their individual and separate abilities.
JUDICIAL BOND: A general term
applied to all bonds filed in court.
LABOR AND MATERIAL BOND: A bond
given by a contractor to guarantee payment for the labor and material used in
the work which he/she is obligated to perform under the contract.This liability may be contained in the
performance bond, in which case a separate labor and material bond (payment
bond) is not given.
LIABILITY: This is a broad term
denoting any legally enforceable obligation.
LIBEL - BOND TO DISCHARGE OR RELEASE:
When a warrant for the seizure of a ship has been issued, the marshal is
required to stay execution of the process, or discharge the ship if process has
been levied, on receiving from the owner of the ship a bond or stipulation
conditioned to comply with the decree of court in the action.
LICENSE BOND: Used
interchangeably with the term "permit bond" to describe bonds required
by state law, municipal ordinance or regulation, to be filed prior to the
granting of a license to engage in a particular business or a permit to
exercise a particular privilege.Such
bonds provide payment to the obligee for loss or damage resulting from
violations by the licensee of the duties and obligations imposed upon
him/her.
LIEN: A charge upon real or
personal property for the satisfaction of a debt.
LIMIT OF LIABILITY: The maximum
amount which a surety company will pay in case of loss.Sometimes called the bond penalty.
LOSS RATIO: The percentage of
losses to premiums.
LOST INSTRUMENT BOND: A bond
given by the owner of a valuable security (stock, bond, promissory note,
certified check, etc.) which is alleged to have been lost or destroyed.It protects the issuer of the security
against loss which may result from the reinsurance of a duplicate or, in some
instances, payment of cash value thereof.
MAINTENANCE BOND: The normal
coverage provided by a maintenance bond is a guarantee against defective
workmanship or materials. However, maintenance bonds sometimes incorporate an
obligation guaranteeing "efficient or successful operation" or other
obligations of like intent and purpose.
MECHANICS LIEN - BOND TO DISCHARGE:
A lien against real estate may be filed for an amount claimed to be due
for labor or materials furnished for the construction of a building or other
improvement upon the property.Pending
final determination of the owner's liability, the owner may discharge the lien
by giving bond conditioned for the payment of any amount that may be found due
to claimant with interest and costs.
MINIMUM PREMIUM: The least amount
a surety company may charge for a particular bond for a designated period.
MISCELLANEOUS INDEMNITY BONDS:
Bonds which do not fit any of the well recognized divisions or
subdivisions.
MORAL HAZARD: The possibility of
loss caused or accentuated by dishonesty or carelessness of the insured or
others.
NAME SCHEDULE BOND: A fidelity
bond which covers the employees listed in a schedule, each for a specified
amount.
OBLIGEE: The party in whose favor
a bond runs; the party protected by the bond against loss.
An obligee may be a person, firm,
corporation, government, or an agency of a government.
OBLIGOR: Sometimes called the
principal, or one bound by the obligation.
Under a surety bond, both principal and surety are in a sense, obligors,
since the surety must answer if the principal defaults.
OPEN
DEFAULT BOND: Where a judgment has been
entered by default, the defendant may, under certain circumstances, have the
case reopened and tried on its merits, upon giving a bond conditioned for the
payment of any judgment that may be rendered in the action.
OPEN
PENALTY BOND: A surety bond written without
a limit on the liability of the principal or surety.Under the regulations of the federal
government and the laws of many of the states, surety companies are not
permitted to obligate themselves on any one bond for an amount greater than a
specified percentage of their capital and surplus (qualifying power).
OUTSIDE
EMPLOYEE: An employee, such as a
salesmen, messenger, etc. whose duties keep him/her away from his/her
headquarters.
PENAL
SUM: The maximum amount for which a
surety company may normally be held liable under the bond.Also called the bond penalty.See also limit of liability.
PERFORMANCE
BOND: A bond which guarantees faithful
performance of the terms of a written contractor for furnishing supplies or for
construction of all kinds.Performance
bonds frequently incorporate payment bond (labor and materials) and maintenance
bond liability.
PERSONAL
SURETY: An individual who acts as surety
for another, who may or may not charge a fee for his/her guarantee, and usually
is not regulated by any government agency, such as is the corporate
surety.
PETITIONING
CREDITORS' BOND: When a petition is
filed to have a person adjudged a bankrupt, an application is made to have a
receiver or a marshal take charge of the property of the alleged bankrupt prior
to the adjudication, the petitioners are required to give bond to indemnify the
alleged bankrupt for such costs, counsel fees, expenses, and damages as may be
occasioned by such seizure, in case the petition be dismissed or withdrawn by
the petitioners.
POSITION
SCHEDULE BOND: A fidelity bond which
covers employees who may, while the bond is in force, occupy and perform the
duties of the positions scheduled in the bond, each position being covered for
a specific amount.
POWER OF
ATTORNEY: The authority given one person
or corporation to act for and obligate another, to the extent set forth in the
instrument creating the power.
PREMIUM:
The fee to be paid for the bond.
The cost of the bond.
PRINCIPAL: The one who is primarily bound on a bond
furnished by a surety company.
PROBATE BOND: One that guarantees an honest accounting and
faithful performance of duties by administrators, trustees, guardians,
executors, and other fiduciaries.So
called because such bonds are customarily filed in a probate court.Also known as fiduciary bond.
PRO RATE CANCELLATION: Cancellation of a bond when the portion of
the premium returned is the full proportionate part due for the unexpired
period.Distinguished from short rate
cancellation.
PUBLIC OFFICIAL BOND: A bond that guarantees faithful performance
of duty of a public official in a position of trust; also provides for an
honest accounting of all public funds handled by him/her.Such bond is given to comply with a statute
and, therefore, carries whatever liability the statute imposes.
QUALIFYING POWER: The largest net amount of risk which may be
carried by a surety company on a bond.
RATE:
The cost of a unit of bond coverage.
Such unit is usually in the denomination of $1,000.
RATE MANUAL: A book published by the Surety Association of
America or by individual surety companies giving rates and classifications for
bonds.
RECITAL:
That portion of a surety bond usually commencing with the word
"Whereas" which describes the transaction for which the bond is
given.In the case of a guarantee of a
contract it generally incorporates the contract by reference.
RECOVERY: Reimbursement received by a surety from a
reinsurer, or by a subrogation, or from salvage following a loss.
REFUNDING BOND - RATE LITIGATION: This term is applicable to any bond
conditioned for future return, if ordered, of money which the principal was
allowed to charge and retain pending final determination or decision in a contested
matter.
REMOVAL BOND: Where a case originally brought in a state
court is removed to the federal court, the defendant is required to give bond
for the payment of costs in federal court if the case is found to have been
improperly removed.Similar bonds may be
required on removal of a case from one state court to another.
REPLEVIN - PLAINTIFF'S BOND TO
SECURE: Replevin is an action to recover
possession of specific articles of personal property.The replevin bond, which the plaintiff is
required to furnish, is conditioned for the return of the property, if return
is ordered, and for the payment of all costs and damages adjudged to the
defendant.
REPLEVIN -
DEFENDANT'S BOND TO RECOVER PROPERTY REPLEVIED:
Where personal property has been replevied, the defendant may, by the
furnishing of a bond, regain possession of the property, pending final decision
on the merits.The bond is conditioned
for redelivery of property to the plaintiff, if ordered to do so, or otherwise
to comply with a court order or judgment.
RETROACTIVE
RESTORATION: A provision in a bond
whereby, after payment of a loss, the original amount of coverage is
automatically restored to take care of undiscovered losses as well as future
losses.
RIDER: A printed form of special provision added to
a bond.Sometimes called an endorsement.
SALVAGE: That which is recovered from the principal or
an indemnitor to offset in whole or in part the loss and expense incurred by a
surety in satisfying obligations it has sustained under a bond.
SCHEDULE
BOND: One that covers loss resulting
from dishonest or fraudulent acts of employees who are listed either by name or
by positions scheduled in the bond.
SEQUESTRATION
BOND: Substantially the same as
Attachment Bond - Plaintiff's.
SHORT RATE
- SHORT RATE CANCELLATION: The charge
required for bonds taken for less than a year, and in some cases, the earned
premium for bonds cancelled by the insured before the end of the term of the
bond; i.e., the earned premium plus an expense charge.
SHORT TERM
BONDS: Those covering fiduciaries whose
duties are to collect the assets of the decedent, pay the debts, and distribute
the remainder according to law.These
bonds are usually less than two years duration.
STATUTORY
BOND: A term generally used describing a
bond given in compliance with a statute.
Such a bond must carry whatever liability the statute imposes on the
principal and the surety.
STAY OF EXECUTION: A bond to stay
or suspend execution on a judgment. It guarantees the payment of the judgment
upon termination of the stay.
SUBCONTRACT BOND: One required by
a general contractor of a subcontractor, guaranteeing that the subcontractor
will faithfully perform the subcontract in accordance with its terms and will
pay for labor and material incurred in the prosecution of the subcontracted
work.
SUBDIVISION BOND: Many
municipalities provide by ordinance that a developer who undertakes to lay out
a housing or industrial subdivision shall give bond with surety to guarantee
that, within a specified time, improvements on the property, such as streets,
sidewalks, curbs, gutters, and sewers will be constructed.
SUBROGATION: The legal or
equitable process by which a surety company obtains from a third party recovery
of an amount paid out by the surety to the obligee or a claimant under the
bond.
SUPERSEDEAS BOND: This is a bond
to supersede or take the place of a judgment, and coverage is substantially the
same as under a defendant's appeal bond.
SUPERSEDED SURETYSHIP: When a
company writes a bond to take the place of another bond which is cancelled on
the effective date of the new bond, a rider is generally attached (unless the
bond itself contains a superseded suretyship provision) agreeing to pay losses
that would have been recoverable under the first bond except for the expiration
of the discovery period.
SUPPLY BOND: A bond which
guarantees faithful performance of a contract to furnish supplies or
materials.In the event of a default by
the supplier, the surety must indemnify the purchaser of the supplies against
the loss occasioned thereby.
SURETY BOND: An agreement
providing for monetary compensation should there be a failure to perform
specified acts within a stated period.
SURETYSHIP: Refers to obligations
to pay the debts of, or answer for, the default of another.It assumes a legal relationship based upon
the contract in which one person (the surety) undertakes to answer to another
(the obligee) for the debt, default, or miscarriage of a third person (the
principal) resulting from the third person's failure to pay or perform as
required by an underlying contract.
TERM: A period of time for which
a bond is issued.
TESTATOR: One who makes a will.
THIRD PARTY
BOND: A license bond which gives parties
other than the named obligee a right of action in their own name to recover
loss or damage resulting from a breach by the licensee of his/her obligations
under the law, ordinance or regulations under which the bond is required.
TREASURY
LIMITS: These are qualifying limits
imposed upon surety companies by the United States Treasury Department.
TRUSTEE: One named in a will or deed of trust to
manage property for the benefit of another.
UNDERWRITER: An officer or employee of a surety company
who has the responsibility for accepting risks.
UNEARNED PREMIUM: That part of the premium which has not yet
been earned by the surety for the unexpired portion of the term of the
bond.