While a Fiduciary Surety has a legal obligation to pay the principal in the event of trust asset loss, it may also have a may have a right of subrogation against the entity or person that caused the principal to default. Effective subrogation in these types of claims requires a creative approach to identifying responsible parties to maximize the surety’s chance of total recovery.

Subrogation law creates opportunities to recover loss on bond payouts. Many sureties miss this avenue of redress due to the complex nature of subrogation law. Subrogating a bond claim requires inventive and resourceful recognition of third party liability in order to be successful. The subrogation of fiduciary surety bonds also requires a cost-conscious approach.

Effective Recovery of Subrogation Claims Damages for Fiduciary Sureties

Rathbone Group pursues all entities and guarantors on issued bonds. Even successor corporations have exposure when potential parties are identified; the key is to identify all entities where liability can be applied. Our experienced subrogation attorneys  explore all avenues to recovery, including criminal restitution orders for individuals or companies, and receiverships or inventory levies performed on any existing businesses. 

Rathbone Group’s cost-effective, creative approach to subrogation investigation, litigation and resolution allow sureties to recover loss even in quite difficult cases.