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‘Busiest’ construction season ever underway in Toronto with $1B in projects in the works

‘We just can’t afford to let our infrastructure continue to age,’ Mayor John Tory says Toronto has embarked on its “busiest” construction season ever with slightly more than $1 billion budgeted this year for work on roads, bridges, expressways, sewers and water mains, Mayor John Tory says. “We just can’t afford to let our infrastructure continue to age,” Tory told reporters at a news conference at city hall on Monday. “We’ve got to get on with the construction season.” Toronto’s transportation and water infrastructure is used by millions of city residents, businesses and visitors every day and that infrastructure needs to be reviewed, renewed and upgraded to ensure the city can cope with booming growth, he said. “Over time, that use by all of those people, increasing numbers of people, takes its toll.” Tory described the schedule as “robust” and the funding commitments as “massive.” The projects will ultimately improve daily life in Toronto, he added. Expect a ‘busier’ summer, mayor says The mayor said the projects will cause disruption but it’s important to remember that each project represents tax dollars at work. “It will be a busier summer, with all of this work on our roads taking place.” The mayor said the money set aside for infrastructure projects needs to “stay put.” Cuts by the provincial government could put these commitments at risk, he added. Projects ‘need to be planned well in advance’ “Our city cannot afford to make tough financial decisions after the budget has already been approved. These investments need to be planned well in advance,” he said. “We will remind everyone, including the government of Ontario, that Toronto is the economic engine of this province and this country.” The planned work will result in paving of about 140 kilometres of roads and improvements to about 200 kilometres of sewers and water mains, the city said in a news release on Monday. Construction will take place across Toronto on more than 600 roads. The city said it will try to co-ordinate construction to minimize disruption. Read More … https://www.cbc.ca/news/canada/toronto/busiest-construction-season-launched-toronto-john-tory-1.5134369

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Trade credit insurance policy payouts hit 10-year high in Northern Ireland

The level of payouts on trade credit insurance policies have reached a 10-year high in Northern Ireland, an industry expert has said. Nigel Birney, head of trade credit at Willis Towers Watson, has today warned that the spike in credit insurance claims is a reflection of challenges facing Northern Ireland companies amid what he called an extremely worrying number of business insolvencies. The figures from insurance firm Atradius showed the number of recent claims being made in respect of Northern Irish businesses defaulting or failing had increased significantly, representing the highest volume of claims received in a decade. The insurer also found that there has been a 50% year-on-year jump in high value claims last year, ie. those above £90,000. Insolvency specialists Begbies Traynor last month found that almost 7,000 businesses in Northern Ireland were recorded as being in a state of distress in the first three months of 2019. Mr Birney said the backdrop of Brexit and the continuing Stormont limbo is unlikely to offer any significant respite from the pressures weighing on the economy, as the trading environment in Northern Ireland continues to face challenging times. Willis Towers Watson on Creating an Inclusive Environment He said in many cases, claims payments from trade credit insurers have offered a lifeline to hundreds of NI businesses, with payouts in 2018 at significant levels. He continued: “The increase in claims is a barometer of what is happening in the wider local economy and unfortunately it doesn’t bode well. “We are now at a 10-year high in terms of payouts which is a clear indication of what is going on. “In 2018 we estimate that around £8m in claims was paid to Northern Ireland companies as a result of the failure of one of their customers and unfortunately the trend has continued into Q1 2019 with the failure of a number of high profile local companies.” He said mitigating risk and ensuring protection from non-payment is arguably more vital now than ever before. Research by Willis Towers Watson found companies feeling enormous strain on cashflow, with the average number ‘days sales outstanding’, creeping up, bringing businesses to the brink of failure, particularly in the construction and retail sector. Tony Gordon, head of risk services at Atradius Ireland, said: “The trading environment for business in Northern Ireland continues to be challenging. 2018 was a tough year for businesses and for the economy and the figures for Q1 2019 are showing no degree of comfort that a recovery is imminent with upward trend in claims volumes continuing. “Headline news often pinpoints key sectors such as construction and also foods and agriculture, but in reality, the challenges impact across all sectors. “The key is to have access to up-to-date information and as underwriters it is vital for us to work closely with businesses, constantly monitoring changes and impacts.” https://www.belfasttelegraph.co.uk/business/northern-ireland/trade-credit-insurance-policy-payouts-hit-10year-high-in-northern-ireland-38107515.html

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Angie’s List: What does bonded and insured really mean?

Many contractors will promote that they’re bonded and insured. But what does that really mean for you as a consumer? In this week’s Angie’s List Report, we learn from Angie Hicks, the importance of asking about bonds and insurance. You’ll see it on their ads, their website, maybe even the side of their truck. The roofer or builder you might hire is ‘bonded and insured.’ Although contractors promote this status, few consumers truly know what it means, let alone what it means if their contractor doesn’t have it. A bonded contractor has purchased a surety bond, and that’s basically like an insurance policy against acts from the contractor. So, for example, if the contractor leaves the job unfinished or fails to pay for supplies, these types of things will protect the consumer because they can put a claim in against that bond. Consumer protections like a surety or fidelity bond are especially important for those high-dollar home improvement projects that could really cost you if they go wrong. In addition to bonding, be sure to ask about the types of insurance your contractor has, too. General liability insurance is going to cover you if there’s damage done your property outside the project. So a great example would be if they’re there to mow your lawn but they run into your mailbox while mowing your lawn, their insurance would potentially cover that mailbox. The other type of insurance that’s important is workers comp insurance. And that’s going to cover the contractor’s employees if someone is hurt on your property. So, if they’re redoing your roof, someone falls off the roof, that workers comp insurance is going to cover their injuries instead of it actually coming back and hitting your homeowner’s insurance. It may be extra work to find the right professional with both bonding and insurance, but it’ll be worth it to you as the homeowner, in the event that things don’t go exactly as planned./p> Hiring a contractor that’s bonded and insured is a protection to the consumer. It’s going to financially protect you if things go wrong. And it’ll also keep things from hitting your homeowner’s insurance, which could cause your premium to go up, or could cause you to have to pay a deductible. https://41nbc.com/2019/05/10/angies-list-bonded-insured-really-mean/

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SBA Recognizes the Office of Surety Guarantees Award Winners

WASHINGTON, May 7, 2019 /PRNewswire/ — The U.S. Small Business Administration (SBA) recognizes the Office of Surety Guarantees award winners for their continued work to help small contracting businesses acquire surety bonds. Three SBA surety bond partners were selected to receive awards based on their participation, activity, claims and recovery, and their commitment to helping small businesses obtain contracts with both government and private sector entities. Crum & Forster was recognized as Surety of the Year. The Surety Place and Kenneth Turner of KOG International, Inc. were honored as Surety Agency of the Year and Surety Agent of the Year, respectively. “The success of the Surety Bond Guarantee (SBG) Program is a direct result of our great relationship with the surety industry. The awards are an important way to recognize and thank our partners for helping small and emerging businesses requiring surety credit in the marketplace,” said Peter C. Gibbs, Director for the Office of Surety Guarantees. Surety of the Year award recipient, Crum & Forster, has been a participant in the SBA’s Surety Bond Guarantee Prior Approval program since 2017. Despite their short time as an SBA partner surety company, Crum & Forster has grown their activity by over 4,000% and has assisted over 100 small and emerging businesses in partnership with SBA. Crum & Forster has a history of focusing on the needs of its clients and has been providing bonding solutions since 1900 and insurance since 1822. Surety Agency of the Year, Surety Placement Services, LLC dba The Surety Place, is a bond only agency in Scottsdale, Arizona. They have been working with the SBA since 2010 providing bonds in all 50 states. Founded in 2002, The Surety Place provides tailored bonding solutions through knowledgeable staff with over 45 years of combined surety experience. The Surety Agent of the Year, Kenneth C. Turner of KOG International, Inc., has been active in the surety industry since 1996. He has developed an extensive network of surety industry contacts and with years of expertise brings these resources together to better serve his clients. Turner placed his first client in the SBA’s SBG Program in 2003 and continues to actively promote SBA-backed surety bonds to numerous small businesses today. The SBA Surety Bond Guarantee program has 36 surety partners, 350 active authorized agents nationwide and guaranteed more than 10,000 bonds with a contract value of over $6 billion in fiscal year 2018. More information about the SBA’s Surety Bond Guarantee Program is available at www.sba.gov. Questions from surety companies may be directed to Peter C. Gibbs, Director of the Office of Surety Guarantees, at [email protected]. https://insurancenewsnet.com/oarticle/sba-recognizes-the-office-of-surety-guarantees-award-winners#.XNrsCY5KiUk

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Surety Bond Producers Keep Eye Out For Illegal Waivers

A report from the annual convention of surety brokers and agents The surety bond industry regularly reminds state and local governments, politely, that public works in all states must involve surety bonds That’s the law. And the National Association of Surety Bond Producers, the bond agents trade group, has been letting state and local officials know, in writing. The reminder letters are a small but telling part of the surety industry’s ongoing efforts to defend laws and rules requiring bonds. That also helps the industry hold on to its market share. Since last year, the NASBP has been sprucing up the industry’s image with a media campaign. The campaign and the letters are needed because of inroads by subcontractor default insurance, a competing product, and the tendency of owners to sometimes waive bond requirements. Robert Shaw, outgoing president of the NASBP, reminded his colleagues in a welcome to the group’s annual convention in Austin earlier this month that his theme has been “sell more bonds.” Shaw also made a point of thanking the association staff for reminding state and local governments of their obligations under state and local laws and rules. In addition to project completion guarantees, Shaw said in an interview, surety bonds guarantee payments “and are the only product that provides all the protections.” Just how often state and local governments waive surety bonds on projects isn’t clear. But when the NASBP staff hears about a bond being waived, it issues a letter explaining the risks and issues raised in violating state surety requirements. The surety laws on the books in all 50 states are known as the Little Miller Acts, named for the federal law requiring surety protection on U.S. public works. The Miller Act requires that prime contractors for the construction, alteration, or repair of projects valued at more than $100,000 furnish a completion and a payment bond, according to the U.S. General Services Administration. Federal Acquisition Regulation (FAR) Part 28 requires the bonds only on contracts that exceed $150,000. The payment bond protects subs and material suppliers. Other protections may cover smaller projects. State surety laws vary. Most states require bonds to cover the full contract value, but there are exceptions. Alabama only requires a payment bond at 50% of the total contract value, according to the website of National Surety Services, an agency. The NASBP staff refers to the letters it sends out as comment letters. Mark McCallum, the association’s chief executive, said in an interview that state and local officials may not know about surety requirements or what happens if they are violated. So when the association staff hears about a bond being waived, NASBP’s job “is to educate them.” The letters go out from Martha Perkins, the association’s general counsel. “We’ll put in the actual language of the statute or rule or regulation and say that this basically violates the law and you need to fix it,” she said. There is another type of educational letter that NASBP sends out. It explains to state and local officials that requiring bidders to supply only bonds from sureties with the highest financial strength ratings restricts the pool of competition of among contractors—and is very likely unnecessary. For example, a state or local government that insists that contractors provide bonds only from sureties with an A+ rating may not understand that a rating of A- is considered excellent. Opening up the range of bonds, said McCallum, opens the field of competition to more small or minority contractors while still providing a very reliable guarantee. Some state surety laws or rules do specify that contractors supply bonds of a particularly financial strength rating. A company such as A.M. Best Co., for example, provides a rating (from A+ to D) and a financial size category, according to the Surety & Fidelity Association of America, a trade group. Financial strength ratings “are very important and we should always be mindful of them,” said McCallum. “But if you reach for the moon you are eliminating the opportunity of many contractors to compete for that work as well as increasing the price.” https://www.enr.com/articles/46783-surety-bond-producers-keep-eye-out-for-illegal-waivers

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Little Caesars Arena construction worker suicide case goes to state AG

An employee’s accidental death on the job, as well as any serious injury, can impact a contractor in several ways. First, an injury can result in a higher experience modification rate, which is what insurance carriers use to determine how much contractors will pay for workers’ compensation premiums. The higher the rate, the higher the premium. The only way to bring that rate down is to reduce — or eliminate — the number of injuries in the future. A serious injury or death can also draw the attention of federal OSHA or inspectors from an OSHA-approved state plan. Aside from potential violation citations and monetary penalties related to the accident, a serious incident could result in increased agency scrutiny on other jobsites that the offending company is working. This is particularly true if the accident involves lack of fall protection or one of OSHA’s other focus areas like unsafe trenching and excavation operations. /p> A construction company’s ability to provide future performance and payment bonds could also be affected by a jobsite death. One of the factors a surety looks at when deciding whether to guarantee a company’s performance on a project is its safety record. If the surety determines the contractor trying to secure a bond has been negligent, it might not to provide a bond, or provide one at an elevated price. In addition, for companies that perform construction work for public agencies, which often require performance and payment bonds as a condition of awarding a contract, the inability to provide these instruments could put them out of business. https://www.constructiondive.com/news/little-caesar-arena-construction-worker-suicide-case-goes-to-state-ag/553105/

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Liberty Mutual Insurance Announces Agreement To Acquire The Domestic And International Surety And Credit Reinsurance Operations Of AmTrust

BOSTON, April 15, 2019 /PRNewswire/ — Liberty Mutual Insurance announced today it has signed a definitive agreement to acquire the global surety and credit reinsurance operations of AmTrust Financial Services, Inc. (AmTrust), a multinational property and casualty insurer specializing in coverage for small to midsized businesses. Upon closing, Liberty Mutual will acquire four AmTrust businesses:  AmTrust Surety, previously managed by Insco Dico, which provides contract, commercial, and subdivision bonds primarily in the Western U.S. AmTrust Insurance Spain which offers surety bonds in Spain and Latin America Nationale Borg which provides surety, worker disability, and home purchase bonds in the Netherlands and Belgium. Nationale Borg Reinsurance (NBRe), a global provider of surety, trade credit and political risk reinsurance.  The AmTrust Surety portion of the acquisition is expected to close in Q2 of 2019, and the AmTrust Insurance Spain, Nationale Borg, and NBRe portion is expected to close in the second half of 2019, subject to regulatory approvals and customary closing conditions. Terms of the deal were not disclosed.  “The transaction will further enhance our strong global surety and reinsurance expertise, market leadership, and geographic footprint,” notes Dennis Langwell, President, Global Risk Solutions, Liberty Mutual, which offers a broad range of primary, excess, specialty, and reinsurance products in the U.S. and globally. ”Once the transaction closes, we’ll integrate the acquired operations into our current structure.”  The agreement reinforces Liberty Mutual’s global surety market position. ”We believe this transaction will strengthen our best-in-class operation, allowing us to better serve our valued agents, brokers, and customers,” notes Tim Mikolajewski, President, Global Surety. ”The added scale and key talent aligns well with our model and goals in the U.S., and will provide a platform for broader global development through AmTrust Insurance Spain, Nationale Borg, and Nationale Borg Reinsurance.” The agreement is an important step in the AmTrust Forward strategic plan to position the company for long-term success. ”Earlier this year, we announced our plan to become a leading specialty commercial P&C insurer by focusing on local markets and niche products where we can add significant value,” said Barry Zyskind, Chairman and CEO of AmTrust. “The agreement with Liberty Mutual enables us to focus our resources in areas where we can differentiate ourselves through the value we bring to distribution partners and buyers. Skadden, Arps, Slate, Meagher & Flom LLP acted as legal advisor to Liberty Mutual Insurance in the transaction. Bank of America Merrill Lynch served as financial advisor to AmTrust in connection with the transaction, and Debevoise & Plimpton LLP was legal counsel. https://insurancenewsnet.com/oarticle/liberty-mutual-insurance%E2%80%AFannounces-agreement-to-acquire-the-domestic-and-international-surety-and-credit-reinsurance-operations-of%E2%80%AFamtrust#.XLeDeOhKiUk

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Coface strengthens its market position in the Adriatic region by acquiring SID – PKZ, the leading credit insurance company in Slovenia

Coface strengthens its market position in the Adriatic region by acquiring SID – PKZ, the leading credit insurance company in Slovenia Coface announces today the acquisition of SID – PKZ, the market leader in credit insurance in Slovenia with a high market share. As Coface has acquired all SID – PKZ shares, the business will operate under the new brand name Coface PKZ. The acquisition supports Coface’s strategy of profitable growth in Central & Eastern Europe region. Founded by SID Bank in 2005, SID – PKZ recorded EUR 14.3 m of gross written premium in 2018. The transaction will have a neutral impact on Coface’s solvency ratio. With this strategic step, Coface strengthens its market position in the Adriatic region. Offering a broad range of services and a vast international network, Coface will enhance the support of Slovenian exporters thus adding value to its clients and contributing to the economic development of the country. Coface PKZ will be integrated into the Central and Eastern Europe region under the leadership of regional CEO Declan Daly. Xavier Durand, CEO of Coface added: “The acquisition of SID – PKZ marks the first external growth initiative of Coface in more than 10 years. It will reinforce our presence in this important part of the world and it is perfectly in line with the objectives of our Fit to Win strategic plan. Through this acquisition, Coface is proud to contribute to enhancing the Slovenian Economy and excited to welcome a very experienced and highly recognised team of 74 experts from SID – PKZ.” At the conclusion of the sales process, Sibil Silvan, President of the Board of SID Bank, stated: We believe that the new strategic owner of SID – PKZ can provide opportunities for development and for a further expansion of the company´s operations. This will enable SID – PKZ to access a wider spectrum of foreign markets, which will undoubtedly help the Slovenian economy. This will also have a positive impact on a more competitive insurance and reinsurance of non-marketable risks, which we will continue to implement in SID Bank. We believe that this will further stimulate Slovenian exports and sustainable economic development in Slovenia.” Sergej Simoniti, President of the Management Board SID – PKZ, added: “We are delighted to become part of the Coface family. As part of SID Bank group, we have served the Slovenian economy in its expansion for the past 27 years. We are very proud that Coface has acknowledged our achievements and recognised our value. We are convinced that being part of Coface group will enable us to offer our clients an even better service. We believe that together with Coface we will strengthen our position as market leader and trade credit insurer of choice in the Adriatic region.” http://www.globenewswire.com/news-release/2019/04/15/1803694/0/en/COFACE-SA-Coface-strengthens-its-market-position-in-the-Adriatic-region-by-acquiring-SID-PKZ-the-leading-credit-insurance-company-in-Slovenia.html

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XBRL US Surety Working Group Initiates Public Review of Contractor Financials Data Standards

NEW YORK–(BUSINESS WIRE)–Apr 11, 2019–The XBRL US Surety Working Group, today announced the publication of a draft release of the Contractor Financials Taxonomy, which contains data standards to capture income statement and balance sheet information about contractors. The taxonomy was created by starting with an initial set of data standards contributed by Crowe LLP, a public accounting, consulting, and technology firm. The Surety Working Group, which is comprised of surety carriers, bond agents, and software companies, then further refined the data fields and definitions, and expanded on the initial set of standards. “We see a lot of variation in the financials prepared by contractors,” noted Kristen Sharpe, CPA, Credit Solutions Senior Product Manager at Crowe LLP, “XBRL standards for contractor financial statements will improve the consistency of data reported, and will also allow sureties, and bond agents to automate data collection and analysis.” Financial statement information must be collected and analyzed by bond agents and sureties during the surety underwriting process. The data is typically provided in PDF or spreadsheet format, which forces data users to manually rekey information into their financial systems before analysis can begin. The Contractor Financials Taxonomy contains approximately 420 concepts, many of which were drawn from the US GAAP Financial Reporting Taxonomy which is used today by over 6,000 public companies reporting financial statement data to the Securities and Exchange Commission. The Contractor Financials Taxonomy is designed to be used in conjunction with the Work in Process (WIP) Taxonomy to help contractors provide machine-readable data to carriers. The WIP Taxonomy was also developed by the Surety Working Group. During the 60-day public exposure period, contractors, sureties, bond agents, software providers and other stakeholders are encouraged to review the data standards in the taxonomy and provide input on definitions and on elements that should be added. The public review includes a Taxonomy Guide on how to work with the taxonomy, along with sample XBRL-formatted financial documents prepared using the taxonomy. To access the public review, go to: https://xbrl.us/xbrl-taxonomy/2019-contractor/ Sponsoring organizations in the Working Group include AIG, Crowe LLP, The Hartford, Liberty Mutual Surety, Marcum LLP, the NASBP (National Association of Surety Bond Producers), Travelers, and Zurich Insurance. Participating organizations, serving as observers and advisors, include SFAA (The Surety & Fidelity Association of America) and the FASB (Financial Accounting Standards Board). https://www.apnews.com/Business%20Wire/59f372ad997f4309a5d879027b9601aa

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Continuing bonds

A continuing bond, also called continuous bond, is a financial guarantee or a suretyship that renews automatically until it is canceled. Continuing bonds do not expire as long as the client makes the required payment for each renewal. In other words, it has an indefinite term. A continuing bond does not expire, but is canceled by the obligee by formal notice of cancellation. In the absence of such formal notice of cancellation, the surety bond is deemed canceled if the Principal is able to satisfactorily show that the undertaking of the surety bond has been fully performed by it and the same is acknowledged in writing by the obligee. In Reparations Commission v. Universal Deep-Sea Fishing Corp., a continuing bond is one whose period of insurance is indefinite or with no fixed expiration date. The bond shall be in force unless canceled by the obligee, or by the Insurance Commissioner, or by a court of competent jurisdiction, as the case may be. As a consequence, the premium for furnishing the bond and the obligation to pay the same subsists for as long as the liability of the surety exists. In Country Bankers Insurance Corp. v. Lagman, the Warehouse Bond was deemed a continuing bond and remains in force until canceled by the Administrator of the National Food Authority (obligee) and cannot be unilaterally canceled by the general agent who obligated himself in the Indemnity Agreement. With respect to the premiums due, they are collected upon the issuance of the renewal certificates annually. However, the principal is still liable for the unpaid premiums notwithstanding the nonissuance of the renewal certificates. The obligation of the principal shall cease only when the obligee consents to it. The obligation to pay the premium subsists for as long as the liability of the surety exists. The principal is obliged to pay the annual premiums as it falls due until the contract of suretyship is canceled by the obligee or by the Commissioner or by a court of competent jurisdiction, as the case may be. Under Section 179 of the Amended Insurance Code: “In the case of a continuing bond, the obligor shall pay the subsequent annual premium as it falls due until the contract of suretyship is cancelled by the oblige or by the Commissioner or by a court of competent jurisdiction, as the case may be.” Two examples of continuing bonds would be (a) bonds required by courts in criminal and civil actions or special proceedings, also known as judicial bonds; and (b) bonds required by the National Labor Relations Commission (NLRC) in labor cases. For bonds in criminal and civil actions or special proceedings, Supreme Court A.M. 04-7-02 (Guidelines on Corporate Surety Bonds) provides that: “Unless and until the Supreme Court directs otherwise, the lifetime or duration of the effectivity of any bond issued in criminal and civil actions/special proceedings, or in any proceeding or incident therein shall be from its approval by the court, until the action or proceeding is finally decided, resolved or terminated.” Examples of judicial bonds are the injunction bond, attachment bond, replevin bond, and appeal bond. For judicial bonds, the court may order the cancellation of the bond. In case the court does not include in its order or judgment the cancellation of the surety bond filed, but nonetheless terminates with finality the case, the bond may be considered as already canceled. However, it is better to file a motion with the court for the cancellation thereof. In addition, per Supreme Court Resolution under Administrative Matter 03-03-19-SC, “the lifetime or duration of the effectivity of any bond issued in civil actions or proceedings or in any accident therein shall be from its approval by the court until the action or proceedings is finally decided, resolved, or terminated.” Under Section 179 of the Amended Insurance Code, the Insurance Commissioner is authorized to cancel a contract of suretyship. Moreover, both Supreme Court and NLRC guidelines provide that “Nonrenewal or cancellation of the Certificate of Authority by the Insurance Commissioner” shall be a ground for the cancellation of the Certificate of Accreditation and Authority of surety companies. In January 2019, following the order to liquidate Far Eastern Surety & Insurance Co., the Insurance Commission ordered the cancellation of all continuing bonds issued by the said company and directed the liquidator to notify the respective courts, obligees, and advise the obligors to secure replacement bonds. For bonds required by the NLRC, the NLRC in its En Banc Resolution 03-2013 (Guidelines for the Accreditation of Surety Companies) provided: “In accordance with Section 6, Rule VI of the 2011 NLRC Rules of Procedure, as amended, the surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied.” https://businessmirror.com.ph/2019/04/03/continuing-bonds/

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