Practices  |  Insurance

Commercial Crime Insurance and Fidelity Bonds

Overview

Wiley Rein LLP provides a comprehensive set of services for insurers that issue commercial crime insurance and fidelity bonds. Our attorneys counsel insurers on developing new products and manuscripting terms of coverage, including working with insurers to tailor their forms to address the unique issues presented today by rapidly evolving technologies. Wiley Rein also advises insurers on coverage issues and with the claims handling process, including working with insurers in their evaluation of the proofs of loss and other information in support of claims. In the event of a dispute, Wiley Rein represents insurance clients in state and federal trial and appellate courts across the country. And, we have significant experience in resolving disputed matters between our insurance clients and their insureds through mediation and other out-of-court means. Relying on their extensive experience, Wiley Rein attorneys often participate in public panels and seminars, speaking about issues relating to commercial crime insurance. We also provide in-house training for insurers on particular issues relevant to first party commercial crime policies and fidelity bonds.

Our attorneys assist insurers with matters involving a broad array of commercial insureds, including large corporations and small partnerships, established enterprises and start-up companies, and sophisticated businesses and “mom and pop” shops. These insureds include banks and other financial institutions, title and escrow agents, law firms, accounting firms, hospitals, medical practices, retailers, restaurants, manufacturers and product distributors.

Wiley Rein’s policy drafting and product development work most recently has focused on moving insurers from the constricts of forms originally developed for twentieth century risks to coverage designed to address the new era of cyber-based threats—an era that includes increasingly sophisticated electronic employee theft, computer fraud, account takeovers, ransomware and cyber extortion. Wiley Rein helps its clients understand these rapidly emerging and changing hazards and how best to address them for their insureds, as well as from the claims handling perspective.

As coverage counsel, Wiley Rein advises insurers on their unique rights and obligations under first party insurance products, as compared to third party liability policies. Our attorneys work with insurers in identifying potential coverage issues and impediments to forensic evaluation from the earliest notice provided by an insured of a possible covered loss. We also advise insurers on their rights to a timely, complete proof of loss from the insured and other tools available to insurers to investigate, evaluate, and adjust claims submitted under commercial crime policies and fidelity bonds. 

Wiley Rein works closely with its clients in identifying or confirming the source and amount of a claimed loss. We often are called on to conduct or otherwise participate in the forensic investigation of large dollar and complex claims. We have been intimately involved in a number of such investigations, including directly interviewing witnesses and posing targeted written questions to the insured and its representatives, as well as communicating with law enforcement personnel for information.

After the completion of the factual investigation identifying the source and determining the amount of loss, Wiley Rein assists insurers with evaluating coverage and articulating our client’s coverage position in a concise and straightforward manner. Wiley Rein also works to identify and pursue potential sources of recovery available to the insurer for a paid loss. In this regard, where there have been criminal proceedings, we have worked with law enforcement and prosecuting authorities to seek court-ordered restitution from a perpetrator. We also have assisted insurers in pursuing recovery from a perpetrator with means through civil litigation.

Contact Us

Richard A. Simpson
202.719.7314 | rsimpson@wileyrein.com

Marc E. Rindner
202.719.7486 | mrindner@wileyrein.com

Our People

News & Insights