Every day, millions of dollars are paid on surety and fidelity bond claims. Yet, subrogation in this area remains mired in obscurity and confusion, and claims handlers rarely consider the positive effects that aggressive subrogation recognition and investigation can have on an insurer’s bottom line. Matthiesen, Wickert & Lehrer, S.C. (MWL) aggressively looks for the “deep pockets” when an employee or trusted fiduciary systematically steals significant claim dollars. When theft is made by using checks and deposits, certain banks may have liability on endorsement or maker’s warranties under the Uniform Commercial Code or the commercial laws of a particular state. However, time is of the essence because the liability of the banks in many instances is a short time period from when the insured was mailed its monthly bank statements.

MWL aggressively pursues the subrogation of payments made under both fidelity and surety bonds. This means pursuing any third party responsible for the resulting claim payment under a bond. We also review and advise on appropriate subrogation language to be contained in such bonds. When theft is made by using checks and deposits, certain banks may have liability on endorsement or maker’s warranties under the Uniform Commercial Code or the commercial laws of a particular state. However, time is of the essence because the liability of the banks in many instances is a short time period from when the insured was mailed its monthly bank statements.

Gary Wickert is the only lawyer in the country to have represented an insurance client on a fidelity and surety subrogation matter at the U.S. Supreme Court. Whether a personal fidelity bond, a construction surety bond, or a state or federal tax bond is involved, MWL is the one-stop shop for maximizing your recoveries in the shortest amount of time.

An interesting article written by Gary Wickert on this topic is Squeezing The Turnip: Fidelity and Surety Bond Subrogation.