Practice Areas & Industries: Wilson Elser Moskowitz Edelman & Dicker LLP


Group Profile Lawyers in this Group Offices Locations for this Group

Practice/Industry Group Overview

For more than three decades, Wilson Elser’s Fidelity & Surety attorneys have provided experienced representation on the complex and sensitive issues that define this area of law. From the longer-term relationships governed by fidelity bonds to the short-term contractual projects under surety arrangements, we have litigated virtually every type of claim likely to be encountered by fidelity and surety bond issuers.

From the longer-term relationships governed by fidelity bonds to the short-term contractual projects under surety arrangements, we have litigated virtually every type of claim likely to be encountered by fidelity and surety bond issuers.

Our attorneys are able to respond swiftly and efficiently to our clients' needs through a national platform and multidisciplinary approach that reaches across practice areas and jurisdictions. We offer our services almost anywhere in the United States, and we are able to draw on the deep collective experience of practice teams firmwide, including those that handle bankruptcy, banking law, ERISA and related legal matters.

Recognizing that our clients seek cost-effective solutions to complex and often protracted cases, we emphasize early assessment, informal negotiations and alternative dispute resolution methods. When early resolutions are not possible, we are prepared to resolve cases in court. Our experienced trial attorneys have handled countless cases for both domestic and international insurers.

Wilson Elser attorneys are extensively published in industry-leading journals and regularly address regional and national forums on critical fidelity and surety issues. We closely monitor the latest techniques involving electronic discovery, evidence and computer technology, and routinely handle complicated multi-party matters.

Fidelity Law

Wilson Elser's attorneys have extensive experience investigating and litigating fidelity bond claims, including those arising from:

  • Employee dishonesty
  • Ponzi schemes
  • Mortgage fraud schemes
  • Loss of securities and trading losses
  • Forgery
  • Cyber crimes

In addition to counseling insurers on coverage, our attorneys assist fidelity underwriters in drafting policies and endorsements. Their successful representation of Financial Institution Bond and Commercial Crime insurers in especially challenging cases has resulted in groundbreaking and industry-changing decisions.

Surety Law

With extensive experience in surety bonds, Wilson Elser attorneys are familiar with all legal aspects of claims handling and litigation and strive to both limit losses and enhance recoveries. We are routinely involved with claims arising in connection with the following types of bonds:

  • Performance
  • Payment
  • Subdivision
  • Commercial
  • Court
  • License
  • Miscellaneous

Wilson Elser attorneys pursue bond indemnitors for recovery of losses, attorneys' fees and other expenses. We are also adept at recognizing and pursing other avenues of recovery based on the surety’s subrogation rights as well as providing underwriting support to our surety clients. While committed to early analysis and resolution of claims and lawsuits, we are experienced in all matters of surety litigation and trial practice, including:

  • Complex claim handling
  • Motion practice; investigation and discovery
  • Defaults
  • Negotiations
  • Subrogation and recovery
  • Mediation
  • Arbitration
  • Trial
  • Bankruptcy
  • Appeals

Group Presentations
  Financial Institution Bond General Agreements: The Other "Agreements" You Need to Know About, November 7, 2013
Articles Authored by Lawyers at this office:

Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm Manure
Loren S. Cohen,Jacob R. Graham,Carl J. Pernicone, January 03, 2014
In Country Mutual Insurance Company v. Hilltop View, LLC, 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a claim by neighbors for unpleasant manure odors arising out of the...

New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for UM/UIM Benefits
Kim M. Connor,Thomas F. Quinn, December 20, 2013
On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or underinsured motorist (UIM) coverage case, a policyholder may not file a complaint...

Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion
Carl J. Pernicone,Robert E. Rider, December 13, 2013
In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy’s liquor liability exclusion unknown to a named insured...

Everyone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions
Louis H. Castoria, November 28, 2013
Thanksgiving is one day when the whole family gets together and sets aside petty differences to give thanks to the Almighty for the bounty we enjoy.