Indemnification of Surety

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Multi-State
Control #:
US-1340911BG
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FAQ

In short, indemnity compels a party to compensate another party. Regarding a surety bond, this means that the obligee has the legal right to collect from the surety if the principal of the bond fails to uphold their end of the bond.

The surety, otherwise known as the insurance company providing the bond, guarantees to the obligee that the principal will fulfill an obligation or perform as required by the underlying contract.

While the bond itself is created by the obligee, an indemnity is a separate agreement that the surety requires the principal to sign prior to issuing the bond that guarantees the principal is responsible for repaying any money paid by the surety in the process of settling a claim.

Surety bonds are a useful service, but not the same thing as professional liability insurance, also known as errors and omissions (E&O) insurance. You may need both surety bonds and professional liability insurance to safeguard your business.

Insurance pays on behalf of you; surety bonds are just a guarantee of payment to another party. The primary difference between a surety bond and insurance is that insurance will pay for losses in a claim, whereas a bonding company will guarantee your obligations are fulfilled.

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Indemnification of Surety