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Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond [Intact]

he Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty Inc. v. The Guarantee Company of North America, released this past November by the Court of Appeal of Alberta. It all began in 1999 when The Guarantee wrote a $3.9-million performance bond for a warehouse in Alberta. It was a design-build project owned by HOOPP Realty, part of the Healthcare of Ontario Pension Plan. A problem with a floor in the building – completed in 2000 – led to a dispute been HOOPP Realty and a contractor, AG Clark Holdings Ltd. HOOPP Realty’s lawsuit against Clark was thrown out of Alberta court in 2013 because of mandatory arbitration clauses in the design-build contract and the statute of limitations. HOOPP Realty is now trying to recover some of its costs under the performance bond written by The Guarantee. The 1999 bond was replaced in 2004. The Guarantee argued that HOOPP Realty cannot claim on the performance bond, unless there is an enforceable claim against Clark Builders. The Guarantee also argued that a surety is entitled to raise any defence that the principal could raise. A surety bond is a three-way contract between a surety, principal and obligee. The principal, often a construction contractor, is the surety’s client. If the principal fails to fulfill the terms of a separate contract with the principal’s customer (the obligee, often a real estate developer), then the obligee could make a claim with the surety. In 2018, Justice Michael Lema of the Alberta Court of Queen’s Bench ruled that the Guarantee remains liable to the obligee, HOOPP Realty, under the bond that The Guarantee wrote for Clark. This despite the fact that Clark as principal is not liable to HOOPP Realty as obligee. That decision was upheld in the Court of Appeal of Alberta’s unanimous ruling released Nov. 19, 2019. On the original project, Clark ultimately corrected a floor problem. But then HOOPP Realty tried to sue Clark to recover investigation, consulting and engineering costs – which were not broken down in the court ruling. That dispute dragged on for more than 10 years. The Guarantee (acquired in 2019 by Intact Financial Corporation) is arguing that a company writing a surety bond is only liable to an obligee if the principal is. If the Supreme Court of Canada grants The Guarantee leave to appeal, it means the top court could potentially reverse last year’s ruling against The Guarantee. The Supreme Court of Canada could also deny leave to appeal, meaning the Court of Appeal of Alberta ruling is final. Ultimately, HOOPP Realty’s lawsuit against Clark was dismissed without any ruling on whether Clark Builders was liable to HOOP for its claim for investigation, consulting and engineering costs. “If The Guarantee Company had intended to make its obligations conditional upon HOOPP Realty pursuing Clark Builders, it should have specified that in the bond,” the Court of Appeal of Alberta found. There was no clear wording in the surety bond that that makes the liability of The Guarantee Company contingent on the liability of Clark Builders, the Court of Appeal of Alberta observed. Instead, the bond stipulates that The Guarantee Company and Clark Builders are ‘jointly and severally’ liable under the bond. “This signals that The Guarantee Company owes freestanding obligations to HOOPP Realty under the performance bond, and that its obligations are not merely concurrent with or secondary to the obligations of Clark Builders.” The 2019 Court of Appeal of Alberta ruling – by judges Frans Slatter, Frederica Schutz and Ritu Khullar – was attributed to “the court.” In his 2018 ruling, Court of Queen’s Bench Justice Lema said the performance bond could have stipulated that if HOOPP’s cause of action against Clark is extinguished, that The Guarantee has no further liability to HOOPP. The bond also could have had any other provision clearing The Guarantee of liability if Clark obtained protection from its liability in any way. The Guarantee had argued that the joint and several liability provision of the bond was meant to ensure that if the surety makes a payment, the surety can recover from the principal. “The general surety law does not allow a surety to invoke every defence available to the principal debtor,” Justice Lema countered in his 2018 ruling. “The ‘joint and several’ clause confirms that HOOPP has a separate and distinct claim against [The Guarantee]. At worst, it does not detract from that position.”

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Construction Activity Can Signal When Credit Booms Go Wrong

In Spain, private sector credit as a share of GDP almost doubled between 2000 and 2007. This increase was accompanied by a boom in housing prices—which doubled in real terms over the same period. The economy as a whole also grew at a record pace. But then in 2008, Spain’s credit bubble burst, and with it came loan defaults, bank failures, and a prolonged economic slowdown. A less-noticed development in Spain was in the construction sector, where employment grew by an astounding 47 percent, compared to the economy-wide increase of 27 percent. New IMF staff research, based on a large sample of advanced and emerging market economies since the 1970s, shows that long-lasting credit booms that featured rapid construction growth never ended well. New evidence on credit booms Rapid credit growth—known as “credit booms”—presents a trade-off between immediate, buoyant economic performance and the danger of a future crisis. The risk of a “bad boom”—where a rapid credit growth episode is followed by a financial crisis or subpar economic growth—increases when there is also a boom in house prices. Long-lasting credit booms that featured rapid construction growth never ended well. Our research shows that the experience with the dangerous combination of credit booms and rapid expansion in the construction sector goes beyond the Spanish borders and extends to time periods not related to the global financial crisis. We find that signals from construction activity may help to tell apart the dangerous booms, which need to be controlled, from the episodes of buoyant but healthy credit growth (“good booms”). Credit booms do not lift all boats alike During booms, output and employment expand faster. But not all sectors behave the same. Most of the extra growth is concentrated in a few industries—specifically, construction and, at a distant second, finance. However, the same industries that benefit the most during booms experience the most severe downturns during busts. This implies that credit booms tend to leave few long-term footprints on a country’s industrial composition. Construction is special Construction is the only sector that consistently behaves differently between good and bad credit booms. On average, output and employment in the construction sector grow between 2 and 3 percentage points more in bad booms than in good ones. In all other sectors, the difference is smaller and not significant (except trade, but only when it comes to output growth). What makes construction special? Construction does not have the growth potential of many other industries. In other words, too much investment in construction may divert resources away from more productive activities and result in lower output. Also, the temporary boost in construction employment and the relatively low level of skills needed may discourage some workers from investing in their education and skills. This may have long-lasting effects on output after the boom ends. Finally, construction projects have large up-front financing needs, and final consumers of the product (for example, houses or hotels) also tend to borrow to finance their purchases. As a result, debt may increase significantly more during booms led by construction. The predictive power of construction activity An unusually rapid expansion of the construction sector helps flag bad credit booms. A 1 percentage point increase in output and employment growth in the construction sector during a boom raises the probability of the boom being bad by 2 and 5 percentage points, respectively. Construction growth is also a strong predictor of the economic costs of bad booms than other variables. A 1 percentage point increase in output growth in the construction sector during a bad boom corresponds to nearly a 0.1 percentage point drop in aggregate output growth during the bust. Policy takeaways If policymakers observe a rapid expansion in the construction sector during a credit boom, they should consider tightening macroeconomic policies and using macroprudential tools (such as higher down payments for mortgages). In some cases, policy action will be triggered by other indicators, such as house prices or household mortgages. Sometimes, however, these other indicators may not sound the alarm (for example, because the construction boom is financed by the corporate sector or by foreigners), yet risks accumulate. Then, unusually rapid growth of construction could give a signal, for instance, to impose limits on banks’ exposure to real estate developers and other construction firms. Finally, given that data on output and employment in the construction sector are often available with a few months’ lag, higher-frequency indicators such as construction permit applications could act as valuable signals. Construction indicators should also be included in models that assess risks to future economic activity.

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legislation

Obscure But Important Surety and Guarantee Rules

Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example. Applicability This chapter applies to everything that is a “surety” as defined by the statute. The statute’s definition includes “an endorser, a guarantor, and a drawer of a draft that has been accepted; and …every other form of suretyship…” This means sureties on payment and performance bonds and even personal guarantees. Notice and Discharge A surety on a contract may send a written notice requiring the obligee to bring a suit on the contract. If the obligee fails to do so within the “first term of court” or fails to do so within the “second term of court if good cause is shown for delay” then the surety is discharged of liability. “Term of court’ is antiquated. However, that has since been construed to mean a “reasonable time.” The Priority of the Execution If a judgment is entered against a principal and a surety, then Chapter 43 requires the sheriff to first levy the principal’s property until the judgment is satisfied. If the principal does not have enough property in the county to satisfy the judgment, then the surety’s property may be levied. Subrogation The surety may also subrogate to the judgment creditor’s rights to extent the surety makes or is complelled to make payment(s) to satisfy the judgment. Waiver These rights may be waived by agreement. For this reason, these rights are often, directly or indirectly, waived. https://www.jdsupra.com/legalnews/obscure-but-important-surety-and-31078/

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Raleigh lawyer pleads guilty to lobbying-related charges after WBTV investigation [Cannon Surety]

RALEIGH, N.C. (WBTV) – Raleigh lawyer and lobbyist Mark Bibbs pleaded guilty to six misdemeanor charges in a Wake County courtroom Monday. Bibbs was indicted on ten felony and misdemeanor charges in February 2018 following an investigation by the North Carolina Secretary of State’s Office that was prompted by a WBTV investigation. The charges included felony obstruction of justice, felony perjury and misdemeanor counts of lobbying without registration, among others. Monday’s guilty plea included a count of criminal contempt, misdemeanor obstruction of justice and four counts of lobbying without registration. Bibbs was sentenced to two years probation and is permanently banned from lobbying or practicing law, according to Wake County District Attorney Lorrin Freeman. Bibbs also must undergo a 90-day outpatient substance abuse treatment and will be subject to continuous alcohol monitoring, Freeman said. In court, Bibbs’ attorney told a judge that Bibbs had a substance abuse problem during the period in which the underlying offense conduct occurred. “We’re satisfied with this outcome inasmuch as we know that he is prohibited going forward from practicing law or being a lobbyist and we think that’s appropriate given the allegations in this meant,” Freeman told WBTV Monday afternoon. The criminal investigation began after WBTV uncovered evidence that Bibbs was lobbying at the North Carolina General Assembly on behalf of a bail bond surety company without being registered as required by law. Records previously obtained by WBTV have shown Bibbs was in frequent communication with House Speaker Tim Moore (R-Cleveland) and also in touch with then-Commissioner of Insurance Wayne Goodwin, whose agency regulated bail bond surety companies, at the time of his unregistered lobbying. That company, Cannon Surety, has since been taken over by the North Carolina Department of Insurance. Two former company employees were indicted along with Bibbs and their charges are still pending. “This guilty plea upholds the public’s right to know who is being paid to influence governmental action as well as the legislator’s right to know who is being paid to influence them,” Marshall’s statement said. Bibbs pushed back on Marshall’s comments in a statement of her own, in which he called her a “Donald Trump Democrat.” “I have just read Elaine Marshall’s windbag press release. Elaine now has the termerity and unmitigated gall to gloat over this case. As I said in open court today, thousands of lobbyists commit this registration violation each year and not one has EVER been charged, EVER,” Bibbs said. “Elaine has wasted millions of taxpayer dollars and 2 years of state employees time going after me and trying to ruin my reputation, me, a successful black lawyer who she has singled out for no good or fair reason.” Bibbs said he agreed to plead guilty as a way to help his family and because he had already decided to retire from practicing law. https://www.wbtv.com/2020/01/27/raleigh-lawyer-pleads-guilty-lobbying-related-charges-after-wbtv-investigation/

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SBA Recognizes FY19 Most Active Surety Companies and Agencies

WASHINGTON, DC – The U.S. Small Business Administration announced on Wednesday its most active surety companies and agencies for fiscal year 2019, which contributed to increases in the Surety Bond Guarantee (SBG) Program’s activity. “The SBA is very fortunate to partner with sureties and agents with a shared vision of assisting small and emerging businesses,” said Peter C. Gibbs, Director, SBA’s Office of Surety Guarantees. “Every year I am amazed by the level of commitment from our partners to increase opportunities for the small business community.” The SBA’s Surety Bond Guarantee Program, in direct partnership with surety companies and their agents, provides surety bond guarantees for small businesses on federal, state, local and private projects. Commercial construction, service and supply contracts and subcontracts are eligible if the contract requires a surety bond. In FY 2019, the SBA’s guaranteed bid and final bonds were more than $6.4 billion in total contract value. With the work of the SBA’s top-performing surety partners and bond agencies, over 1,900 small businesses were assisted and over 30,000 jobs were supported. The standing of each surety partner and agent was determined by the number of bond guarantees they wrote through the SBG Program. The top-performing surety partners for FY 2019 are: American Contractors Indemnity Company, Calif.United States Fire Insurance Company, PaU. S. Specialty Insurance Company, Calif.Travelers Casualty & Surety Company, Conn.United States Surety Company, Md.Markel Insurance Company, TexasDevelopers Surety & Indemnity Company, Calif.Contractors Bonding and Insurance Company, Wash.Navigators Insurance Company, N.J.The Guarantee Company of North America, Mich. The top-performing bond agencies for FY 2019 are: CCI Surety, Inc., Minn.KOG International, Inc., N.J.Nielson, Hoover and Company, Fla.The Fedeli Group, OhioValley Surety Insurance Agency, Calif.Preferred Bonding & Insurance Services, Calif.Pinnacle Surety & Insurance Services, Inc., Calif.The Surety Place, Ariz.Brunswick Companies, OhioCapstone Brokerage, Inc., Nev. https://www.prnewswire.com/news-releases/sba-recognizes-fy19-most-active-surety-companies-and-agencies-300991626.html

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SIA, Italy’s central bank involved in blockchain surety project

Italy’s SIA, CeTIF (Research Centre on Technology), and technology company Reply announced plans for a national blockchain network for sureties or guarantees. SIA is best known as one of the major backbone providers for Europe’s SEPA payments network. In 2018 it processed more than three billion payment transactions and 7.2 billion card transactions. Together the organizations hope to address rampant fraud in the Italian sureties sector. Typically when committing to public sector contracts or construction, the supplier has to guarantee they will fulfil the contract. Hence, they turn to insurers and banks to provide the guarantee. But according to an Italian news report, in the past four years, there have been at least €1.6 billion in fraudulent sureties. One can imagine someone creating a deceptive piece of paper. But the biggest issue is unscrupulous guarantee providers. So suppliers unwittingly pay premiums for worthless sureties. So how can blockchain help? The blockchain initiative will include legitimate players in the sector – the Bank of Italy, the central bank, has an approved list of guarantors. Both the central bank and the Italian insurance regulator IVASS are involved in the project. So sureties will be digitalized and notarized to verify that the guarantor is legitimate. The project announcement follows a four-month feasibility study that involved thirty organizations including insurers, banks, the public sector and corporates. The initiative will start this month and “Fideiussioni Digitali” (Digital Sureties) will be part of a Sandbox environment. This isn’t the first blockchain solution for sureties. Accenture and Zurich worked together to develop a blockchain system which incorporates Zurich’s existing back-end surety bond system. And in Australia, IBM, ANZ, Commonwealth Bank and Westpac worked with property company Scentre Group to digitize bank guarantees. https://www.ledgerinsights.com/sia-central-bank-italy-blockchain-surety-guarantee/

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Chubb Introduces First-of-Its-Kind Financial Institution Fidelity Bond to Address Unique Risks Faced by Asset Managers

WHITEHOUSE STATION, N.J., Dec. 17, 2019 /PRNewswire/ — Chubb (CB) has introduced a new fidelity insurance solution, the Financial Institution Bond for Asset Managers, to address the unique range of risks faced by today’s asset managers. This new financial fidelity bond provides modernized coverage for a range of risks that can result in loss of customer capital. These types of risks often stem from fraudulent activities of employees, computer hacking and impersonation of executives, clients, and counterparties. Chubb (CB) designed its new fidelity bond in response to the changing risks associated with advancements in technology used by advisers to manage assets. According to a 2017 PwC report on the future of the asset and wealth management industry, assets under management globally are expected to exceed $145 trillion by 2025. “The asset management industry is growing at a rapid pace, and safeguarding customer capital is top of mind for asset managers,” said Michael Mollica, Executive Vice President, Chubb North America Financial Lines. “Given today’s digital environment, it has never been more critical for asset management firms to ensure they have the right coverage in place to address a range of new risks.” According to The Financial Crimes Enforcement Network, since 2016, there have been more than $9 billion in possible losses affecting U.S. financial institutions and their customers as a result of business email compromise schemes Chubb’s (CB) new Financial Institution Bond for Asset Managers solution provides an extra layer of protection for exposures that may not be covered under existing policies, including: financial loss resulting from unauthorized access to the firm’s computer systems by hackers, including the use of malware and viruses; unauthorized access to a firm’s network, including mobile applications and customer web portals; the transfer of the firm’s capital or its customers’ capital through fraudulent instructions over the Internet, email or telephone; and,/ul> impersonation of an employee or known vendor that causes the firm’s funds to be fraudulently transferred by an authorized employee. For more information about Chubb’s (CB) Financial Institution Bond for Asset Managers, contact your local Chubb (CB) agent or broker. http://news.chubb.com/2019-12-17-Chubb-Introduces-First-of-Its-Kind-Financial-Institution-Fidelity-Bond-to-Address-Unique-Risks-Faced-by-Asset-Managers

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legislation

Quebec Court orders “modest” $1 million suretyship for short-term stay of Canadian enforcement pending U.S. annulment

In Lakah v. UBS, 2019 QCCA 1869, the Court of Appeal of Québec denied leave to appeal a Superior Court decision that ordered than an arbitral party post a $1 million suretyship pending U.S. annulment proceedings. The Court of Appeal, in a very brief judgment, based its decision on the following considerations: The decision to impose a surety of $1 million was a matter of discretion and was governed by a standard of reasonableness; A surety of $1 million was not unreasonable considering that the arbitral award was in excess of US$150 million; The Superior Court decision was not inconsistent with the principle of proportionality in civil proceedings; and A stay of proceedings is a case management measure and, in principle, cannot be appealed barring exceptional circumstances. Background of Facts An arbitral award was issued on November 2, 2018 that required that Michel Lakah (“Mr. Lakah”) pay US$151,603,902.00 plus 12% interest per annum to UBS AG et al. (“UBS”). On February 4, 2019, Mr. Lakah applied to vacate the Arbitral Award before the U.S. District Court, Southern District of New York. Although no exact date has been set for the hearing of the application, a judgment is expected to be rendered by the U.S. District Court by December 2019. The Superior Court’s Decision In June 2019, in the face of the application to vacate the arbitral award in the United States, UBS applied to the Québec Superior Court in Montreal to recognize and enforce the Arbitral Award (the “Enforcement Proceedings”). Invoking article 654 of Québec’s Code of Civil Procedure, which was modeled after article 36(2) of UNCITRAL Model Law on International Commercial Arbitration (1985), Mr. Lakah sought to stay the Enforcement Proceedings until a final decision was rendered on the application to vacate before the U.S. District Court. In response, UBS requested that Mr. Lakah post a $5 million suretyship in the event that the Superior Court issued a stay. Justice Peter Kalichman of the Québec Superior Court noted that the right to a stay under article 654 C.C.P. is not automatic and should be granted only in exceptional circumstances, as a stay “impedes one of the key goals of arbitration, which is to avoid protracted litigation”. However, Justice Kalichman noted that the grounds alleged in the U.S. annulment proceedings “appeared serious” on their face and merited a stay of the Enforcement Proceedings, which was limited to a period of sixty days following the release of the decision in the application to vacate. After determining that a temporary stay was justified, Justice Kalichman stated that Mr. Lakah had the burden of resisting suretyship by demonstrating that he lacked the means to satisfy such an order, which he failed to do. The Court ultimately ordered Mr. Lakah to provide a suretyship in the amount of $1 million, noting that it was a “relatively modest” amount considering the quantum of the arbitral award. Court of Appeal Decision Mr. Lakah sought leave to appeal the Superior Court’s decision, claiming that the order to provide a $1 million surety was “unreasonable in the light of the guiding principles of procedure” and that the decision was “manifestly erroneous in fact and in law[1]”. Justice Patrick Healy held that a stay of proceedings is a case management measure and cannot be appealed barring “exceptional circumstances” in which the “ruling appears unreasonable” and results in a serious prejudice[2]. Justice Healy added that the decision to impose a surety of $1 million was “essentially a matter of discretion that is governed by a standard of reasonableness.” Quoting Justice Kalichman, he agreed that in an action of over $150 million, a surety of $1 million was “modest” and could not possible be considered unreasonable[3]. Finally, Justice Healy noted that nothing in the file established prima facie that the Superior Court decision was inconsistent with the principle of proportionality in civil proceedings and that nothing would “justify interference with the judge’s exercise of discretion under article 654 C.C.P.”[4] Implications to Arbitral Proceedings This case is representative of Canadian courts’ pro-arbitration stance and the reluctance to permit parties to engage in conduct that may result in parallel proceedings. Indeed, the Court of Appeal confirmed that a court’s exceptional power to stay the enforcement of an arbitral award pending an application to vacate that very award is entirely consistent with the general judicial policy in favour of the enforcement of arbitral awards. https://www.mccarthy.ca/en/insights/blogs/international-arbitration-blog/quebec-court-orders-modest-1-million-suretyship-short-term-stay-canadian-enforcement-pending-us-annulment?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

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Nationwide attorney: Insurer not surety of shop’s work, but will pay until right

An attorney for Nationwide told the Pennsylvania Supreme Court last month that the insurer didn’t count as a surety responsible for the quality of its repair shops’ work. The Nov. 21 comments by Derecht lawyer Robert Heim during oral argument for Berg v. Nationwide provide consumers — and DRP shops — a view into how a carrier might view a DRP relationship. (Special thanks to PCNTV, whose video coverage of the oral arguments identified speakers and allowed us to capture what was said at the proceedings.) The Supreme Court had agreed in March to re-examine Pennsylvania Superior Court 2-1 decision in the long-running case. The Superior Court had determined Common Pleas Judge Jeffrey Sprecher overreached in finding Nationwide’s behavior bad faith and awarding $21 million in damages. Nationwide had suggested plaintiffs Daniel and Sheryl Berg (who died during the course of the litigation) have their 3-month-old, leased 1996 Jeep Grand Cherokee repaired at one of its direct repair program shops following a 1996 crash, according to a 2017 summary of the case by collision industry attorney Erica Eversman and another summary by plaintiffs’ attorney Mayerson Law. Heim said Nov. 21 the record showed that plaintiff Daniel Berg selected the Blue Ribbon shop, Lindgren Chrysler-Plymouth, based on prior work it had performed. Lindgren estimated Sept. 10, 1996, the repair would cost $12,326.50, but also had called the Grand Cherokee a total loss given its frame damage. Nationwide opted not to total the vehicle, and a claims log item notes: “REPAIRS ARE APPROXIMATELY 50% of ACV NATIONWIDE WILL NEVER RECOVER THE DIFFERENCE IN SALVAGE VALUE.” Four months later, the Jeep Grand Cherokee work was finished, with some of the frame work outsourced to a third party. The vehicle was unsafe, but Nationwide either didn’t inspect it as it should have or did inspect it and didn’t tell the Bergs, Sprecher concluded in 2014. Sprecher in 2015 decried Nationwide’s attempt to use a “scorched earth” litigation policy costing $3 million in its own attorneys fees and notes “several legal duties and fiduciary obligations that it recklessly disregarded.” He awarded $18 million plus another $3 million based on what Nationwide paid in its own attorneys. The Superior Court’s overturning of Sprecher’s decision appears to mean that Nationwide would only be responsible for the $295 in actual damages a jury awarded for finding Nationwide violated Pennsylvania’s unfair trade practices law. The jury also determined Lindgren should have to pay $1,925 in compensatory damages. Duty just to pay? Berg sued Lindgren and received a judgment for poor repairs, Heim told the Supreme Court Nov. 21, “which is the way this should have worked. Nationwide’s duty, under its policy, was to pay.” Pennsylvania Supreme Court Justice David Wecht said an “interesting” legal issue involved whether there was a “guarantee” and/or “heightened duty” in a DRP network. Presumably in developing such a network, Nationwide procedures exist to “inspect these shops and maintain certain standards,” Wecht said. Heim said there was a “heightened guarantee” over what support the consumer would receive should they pick a non-network body shop. If the non-Blue Ribbon body shop erred, the customer’s recourse would be to take action against the shop, Heim said. But using a DRP shop offered a “heightened guarantee” in which Nationwide would stand behind such a consumer until that repair was done, he said. Asked by Justice Max Baer if Nationwide agreed that it was the “surety” of its Blue Ribbon direct repair shops, Heim said “no.” How could the carrier offer a guarantee the work would be appropriate but not be the “guarantor of the work,” Baer asked. The insurer offered a guarantee that if their DRP shop’s work was wrong, “they will continue to pay for it until it is done correctly,” Heim said. “That’s really what it is, judge.” Plaintiff’s attorney Kenneth Behrend of Behrend & Ernsberger also addressed Nationwide’s duty regarding repair quality. However, he largely seemed to tie that responsibility to the insurer’s election to repair the Jeep rather than Lindgren being a DRP shop. https://www.repairerdrivennews.com/2019/12/10/nationwide-attorney-insurer-not-surety-of-shops-work-but-will-pay-until-right/

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