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AFSB cheat sheet

AFSB · Keep the key ideas within reach.

Quick reference

Fidelity Bonds and Commercial Crime Coverages

  • A fidelity bond guarantees employee honesty: the surety reimburses the insured for dishonest acts of covered employees, up to the bond limit.

  • Commercial crime coverage is written on a discovery basis: it covers loss discovered during the policy period, even if the dishonest act occurred earlier, subject to any retroactive date.

  • Standard insuring agreements include employee theft, forgery or alteration, inside-premises theft, computer fraud, funds transfer fraud, and money orders or counterfeit currency.

  • Employee theft covers theft of money, securities, or other property by an employee acting alone or in collusion; a series of related acts by one person is usually treated as one loss.

  • Forgery or alteration covers forged checks, drafts, promissory notes, and similar instruments; it generally does not cover credit card misuse or forged securities.

  • Computer fraud covers theft resulting from unauthorized access to or fraudulent instructions into a computer system; funds transfer fraud covers fraudulent instructions to a financial institution.

  • Limits may be per occurrence, per employee, or aggregate; the deductible applies to each single loss, and related acts are aggregated for limit and deductible purposes.

  • Name schedule bonds list covered individuals with stated limits; position schedule bonds cover whomever occupies a listed position; blanket bonds cover all employees subject to exclusions.

  • ERISA requires a fidelity bond for employee benefit plans, generally at least 10% of plan assets, subject to a statutory minimum and maximum.

Quick reference

Contract Surety Bonding

  • A bid bond guarantees the bidder will execute the contract and furnish required performance and payment bonds; its penalty is often 5% to 10% of the bid.

  • A performance bond guarantees completion of the contract according to its terms; the penal sum is commonly 100% of the contract price, though it may be a different stated amount.

  • A payment bond guarantees payment to subcontractors, laborers, and suppliers; federal Miller Act projects above the statutory threshold require both performance and payment bonds.

  • A maintenance bond covers defective workmanship or materials discovered during a stated period after acceptance; it does not cover routine wear and tear or unrelated damage.

  • Contract surety underwriting evaluates character, capacity, and capital, plus work-in-progress, backlog, financial statements, and the contractor's ability to complete bonded work.

  • A general indemnity agreement obligates the principal and indemnitors to reimburse the surety and gives the surety subrogation rights against responsible parties.

  • The bonded contract amount and penal sum can be increased by change orders only with surety consent or endorsement; the surety's liability is capped by the penal sum.

  • Surety premium is a service fee based on contract price and rate, not an insurance loss fund; the surety expects no loss and relies on principal completion.

  • The surety's obligation is secondary and conditional; the principal remains primarily liable to the obligee for performance.

Quick reference

Commercial (Non-Contract) Surety Bonding

  • Commercial non-contract surety bonds guarantee a principal's performance of a legal, regulatory, or contractual obligation to an obligee other than a construction owner.

  • License and permit bonds guarantee compliance with statutes, ordinances, or permit conditions and often payment of taxes, fees, or assessments.

  • Fiduciary bonds cover executors, administrators, guardians, and trustees; the court sets the penal sum to protect estate or trust assets.

  • Judicial bonds include appeal, attachment, injunction, replevin, and bail bonds; they protect parties against loss from litigation-related remedies.

  • An appeal bond stays enforcement of a judgment pending appeal; its penal sum typically includes the judgment plus costs and interest.

  • Public official bonds guarantee faithful performance of duties by elected or appointed officials and protect the government entity from dishonesty or default.

  • Lost instrument bonds indemnify issuers or transfer agents for replacing lost securities and protect against later claims by the original holder.

  • Commercial surety bonds are often continuous until canceled; the surety must give the obligee notice of cancellation, and the penal sum is the maximum liability.

  • Court bonds often require collateral or indemnity because the surety's risk depends on unpredictable litigation outcomes and the principal's financial strength.