Are bonds similar to insurance?
Minneapolis construction law attorney, Aaron Dean, reflects on bonds and insurance.
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Bonds are altogether different than insurance. And that’s not immediately apparent to most people. Bonds are a credit relationship. If you have a bond that’s issued on your behalf and a claim is made against the surety, the surety has to pay the bond on the valid claim, but they’ll seek indemnity against the person on whose behalf the bond was issued. And they’ll be able to seek relief against individual officers of a company. In contrast, insurance is just an indemnity agreement where if you have – you pay a premium for insurance policy. If there’s a valid claim, the insurer pays the claim, but does not come back and seek to recover the monies that were paid from you, the insured. And that difference between those two items that are always required under construction contracts, bonds and insurance, are not commonly understood by members of the public. And it’s an important distinction.