Are We Bonded?
August 24, 2021
Are We Bonded?

The word “bond” often gets muddled in dialogue and when I am asked the question, “do we have a bond?” I answer that question with another question, what kind of bond? Don’t know? Well, who is asking and for what purpose are they asking?  There are three types of bonds, but only two that I will talk about today. I am an insurance nerd, not a financial advisor, so I have little knowledge on the stock market type bonds because, well, that’s not my bag baby! (insert Austin Powers reference here).

 

The types of bonds that I will educate you on today are surety bonds and fidelity bonds. Both are instruments of the insurance world but only one is an insurance policy, and the other is actually a bond--a guarantee of work to be performed that is legally binding (a contract). Confused? You’re not alone. The word Bond has become a misnomer in the insurance world because as the insurance carriers have changed and so have their products. Traditionally a bond underwriter would do both surety work and fidelity policies in a silo, and over time the words “Bond Department” took shape. Then, the work done within that scope became one when in reality they are not the same thing. As the insurance products changed over time, fidelity insurance came to spend more time under the heading of the rest of an insurance policy often being included with other coverages (such as on a business owners policy). It makes more sense to add it on to a package of insurance since it is after all, an insurance product. Bonds cannot be added to an insurance policy because, well, they’re a bond.

 

Surety Bond

In simple terms a surety bond is a guarantee. They can guarantee compliance with laws or contracts, the performance of an act, or can guarantee payments. They can be used to ensure compliance with governmental licensing and permit requirements or may be used to guarantee payment of taxes or other financial obligations. Surety bonds do not protect the buyer of the bond. They protect, indemnify, or provide financial guarantee to third parties such as customers, suppliers or state tax- payers.

 

There are three parties to a bond, the principle, the surety and the obligee. The principle is the party that is required to purchase the bond and takes on the obligation to perform the act as promised. The surety is the company that becomes contractually liable for losses sustained due to the failure of the principle to perform the promised act. The obligee is the party requiring the bond and would receive the benefit of the bond. Usually, a local state or federal government organization.

 

There are all kinds of situations that require bonding. Many people think of construction, but can also be needed by lawyers, auto dealers, insurance adjusters, credit repair services, private investigators, mortgage brokers and financial institutions. Some of the most common bonds are contract bonds, license and permit bonds and fidelity or ERISA bonds. A contract bond provides a guarantee that a contractor will complete a construction project in accordance with specifications laid out in a contract and make all payments to sub-contractors and suppliers. License and permit bonds usually have a statutory amount required by a municipality and their amount varies based on the value of the project, for example, a Right of Way permit may require a bond to guarantee the work is done timely and within budget.

 

Because a bond is a financial instrument the underwriting of bonds does require personal information similar to taking out a loan at a bank. Personal identifiable information will be asked along with personal financial information. An applicant may be required to provide collateral or co-signers. Superior credit or great collateral will bring the cost of the bond down while the inverse will increase the cost or could be denied altogether.

 

Fidelity Bond

A fidelity bond, unlike the previous bonds mentioned, is a product of insurance. It protects an insured party against dishonesty such as theft or fraudulent actions such as forgery. There are both first and third- party bonds within this general product. First party bonds would protect a business from wrongful acts of their employees. Employee dishonesty is often included in many business owners’ policies, and higher limits can be purchased over and above what is offered on a standard policy. A single dishonest employee can gravely impact a business’ bottom line and this type of coverage offers protection to the business’ cash assets.

 

A third -party bond protects companies from these acts by individuals employed on a contract basis, someone that may be in the home of a client, such as a mover, a janitor, or a home health aide. Many businesses wish to purchase a fidelity bond to protect their business’ customers or other parties from financial misconduct by a business’ employees in a good faith effort to provide clients with a financial guarantee of employee conduct. Acts that a fidelity bond can protect against include theft, larceny, embezzlement, forgery, or other financial crimes.

 

ERISA Bond

Another common insurance bond is the ERISA Bond which protects companies against the actions of an employee who breaches a fiduciary responsibility for the company’s retirement fund. An ERISA bond is required if you have a 401k for your employees in the amount of 10% of the plan’s assets. This is available on most standard business insurance policies but can also be purchased as a stand-alone crime policy.

 

Simco HR has a full suite of insurance products and bonding capability for your business. Come and talk to us about your insurance portfolio today to see where we can help you get back to your business!

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