Keeping Indemnitors Honest—The Legal Might of an Indemnity Language Agreement
SAN DIEGO, California – March 28, 2014. Sureties often encounter several types of legal defenses orchestrated by indemnitors and principals attempting to escape their indemnity agreement obligations, according to Russ Fuller, senior account manager at On Point Risk Solutions, a sister company of ICW Group Insurance Companies. The company announced today that Mr. Fuller will present legal strategies for sureties encountering this issue at this year’s Southern Surety & Fidelity Claims conference on Thursday, April 10, in New Orleans.
“Often the language of the agreement itself provides the best shield for these defenses. Although each defense is unique, and may require different approaches, it is imperative to stand behind the language of the indemnity agreement and fight to enforce its provisions,” said Mr. Fuller. His presentation, “Defenses of Indemnitors,” will highlight defense tactics used by indemnitors and principals, and possible counter-strategies available to sureties, including:
- Questioning if the indemnity agreement was properly executed.
- Claims the surety paid too much or should not have made payments under the bond.
- Allegations that a surety has relinquished its contractual rights.
- Pleading that the sale of a company relieves principals and indemnitors of their obligations.
Mr. Fuller has extensive experience in surety claims and has held senior claims counsel positions in a number of the largest U.S. surety companies, and is also an experienced trial and appellate attorney. He is a member of the Massachusetts, Maine, New Hampshire, and Connecticut Bars, and the 1st and 2nd Circuit U.S. District Courts, and the 1st Circuit Court of Appeals.