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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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New developer risk management initiative launched in Calgary

A common practice in cities across Canada is that residential land developers are required to post letters of credit (LOC) prior to securing land development approvals to offset potential risks posed by such costs as site servicing and deferred levy payments. “The letter of credit is a form of security where, in the event the developer does not complete the project according to the agreement, the City can call on the letter of credit as security,” says Fraser de Walle, senior vice-president, national residential construction project leader with Marsh Canada, a major surety company, working in insurance brokering and risk management. “It’s all about transfer of risk and when the City allows developers to develop land, they incur risks that they must protect themselves against.” While it is good business practice for cities to protect themselves, and therefore, their taxpayers from risks associated with some developments, a letter of credit ties up developers’ capital, which could be better spent on other projects. In the middle of March, the City of Calgary became the only top-10 major city in Canada to forgo the LOC in favour of a Developer Surety Bond, says de Walle “A Developer Surety Bond provides protection to the City, guaranteeing that the developer will complete the project development,” he says. “Developer Surety Bonds are commonly used throughout the United States but are just now starting to be accepted by municipalities in Canada. The City of Calgary is trailblazing this initiative among the major cities in Canada.” Hand-in-hand with BILD Calgary Region, de Walle and the City of Calgary administration have been working on the initiative since April 2018 and it’s a win-win situation for developers, the City and new home buyers. “The Developer Surety Bond acceptance by the City of Calgary is a major positive progressive move by the City to create business opportunities and support industry and city teamwork towards new home purchase affordability in our city,” says de Walle. “There are several positives to the City accepting a bond as an alternative to the LOC. A bond is classified as off-balance sheet security, meaning it does not tie up capital in the same way that an LOC does. When that capital is freed up, a developer can pay down costs and invest in new projects and/or innovation and in an economy like we are in today, the opportunity for a developer to free up capital is significant. “And it does affect the home buyer because when a developer is more liquid and has better access to capital, this will improve their business conditions and aid in improved affordability for the consumers.” The move is the latest in a business-friendly relationship that has formed between BILD Calgary Region and The City of Calgary. BILD was formed three years ago with the amalgamation of the Canadian Home Builders’ Association Calgary Region and the Urban Development Institute-Calgary. “By removing financial barriers for business owners, our aim is to strengthen Calgary’s reputation as a great place to invest in land development and redevelopment,” says Darren Lockhart, managing director of Calgary Approvals, adding the City’s decision to accept bonds issued by a surety company comes after consulting with stakeholders in the industry. “The City is working to make improvements for businesses in Calgary that make it easier to invest. “Our hope is that this business-friendly change will allow our developer partners to invest those funds into projects that make Calgary one of the most livable cities in the world.” Another benefit is, in the event of a company transferring their ownership, bonds can be transferred in a manner similar to letters of credit. For companies that choose to use surety bonds to secure their development obligations, the City’s security reduction process will continue to be the same as with letters of credit. Once the Final Acceptance Certificate has been issued, bonds will simply expire after one year; no further action is required by a developer. The LOC system will remain in place, as not all developers will be approved to have access to the use of the Developer Surety Bond, says de Walle. “The bond promotes good development, meaning companies that have a solid balance sheet and history will be more quickly approved for the bond,” he says. “There may be some cases where a developer would need to use a combination of LOC plus a bond. Or there may be some cases where the developer cannot get approved for a bond — these would be the same developers that may have issues gaining access to capital from the bank.” In the end, the initiative benefits all involved. “For the City of Calgary, it removes barriers to entry for good development. Acceptance of the bond promotes growth and sends a message to the development industry that the City of Calgary is open for business, innovative and listening to the needs of the development industry,” says de Walle. “A Subdivision Security Bond provides the same quality of financial protection as a Letter of Credit. The bond pre-qualifies the developer, providing assurance to the City that the developer is qualified to successfully complete the development. The developer is motivated to perform the development obligations due to the indemnities provided to the surety by the developer.” https://calgarysun.com/life/homes/new-developer-risk-management-initiative-launched-in-calgary

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Study predicts high costs for pre-trial release

The report said the bail system costs taxpayers far less. As Florida lawmakers consider expanding pre-trial release programs, a new University of Tampa study suggests that the cost could be prohibitive. David Krahl, assistant professor of criminology and criminal justice, said sticking with bail will save the justice system considerable dollars. His study shows surety bonds cost the state almost nothing. Other forms of unsecured pretrial release, meanwhile, cost more than $95 million over a three-year period. “The notion that large numbers of defendants are languishing away in jail simply because they cannot afford the cost of a surety bond to secure their pretrial release is sheer fiction,” Krahl said. The professor presented his findings last month to the Professional Bail Agents of the United States. Now, bail bondsmen in Florida are pointing to the data as one more sign that reform remains unnecessary. But state Sen. Jeffrey Brandes, a St. Petersburg Republican, disagrees. He continues to make the case for pre-trial release. His legislation (SB 534) already passed through the Senate Criminal Justice Committee unanimously. It now heads to Appropriations Subcommittee on Criminal and Civil Justice. Brandes has maintained establishment of a supervised bond program will allow law enforcement to manage jail populations. It will also allow incarcerated individuals to return to families and jobs faster. “It will be a great tool for everybody,” Brandes said. “It will help sheriffs manage jail populations, and it will help individuals get back to life quicker.” That also means less will be spent on bail bonds, which brings obvious financial consequence for the industry. But bail bondsmen say it’s not just self-interest driving their opposition. In fact, they say bail continues to be the best option for many low-level offenders. https://floridapolitics.com/archives/291696-university-tampa-pre-trial-release291696

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legislation

North Dakota Modifies Surety Bond Requirements

North Dakota has modified the surety bond requirements under the Money Brokers Act. Presently, the law requires a surety bond in an amount not less than $25,000. N.D. Cent. Code Section 13-04.1-04.01(1). Effective August 1, 2019, the new minimum amount of the bond will be $50,000. https://www.natlawreview.com/article/north-dakota-modifies-surety-bond-requirements

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Contractor defaults on Truro Township fire station [Westfield]

The opening of a new Truro Township fire station on East Main Street in Reynoldsburg has been delayed again, this time until August, because the general contractor, Palmetto Construction Services LLC, abandoned the project last month. The opening of a new Truro Township fire station on East Main Street in Reynoldsburg has been delayed again, this time until August, because the general contractor, Palmetto Construction Services LLC, abandoned the project last month. The station has already faced weather delays. Its original December 2018 completion date was moved to January 2019 because heavy rain the previous spring delayed foundation work. The opening date was moved again to April this year before Palmetto backed out of the project. Palmetto “voluntarily defaulted” on its contract to build the $3.9 million Fire Station 161 in February, Truro Township fire Chief Jeff Sharps said. A Feb. 6 letter sent by email and certified mail to Sharps said the Columbus-based company “is unable to complete the … contract and does voluntarily default said contract.” The letter was signed by Casey Cusack and Jerry Diodore, both principals in the company. An email to the company seeking comment was not answered; a recording on the company’s telephone line said the voicemail box was full and could no longer accept messages. Administrator Jason Nicodemus said Truro Township had paid Palmetto $1,611,744. Fire Station 161 is about 50 percent complete, Sharps said, but construction has continued because the project’s surety bonding company, Ohio Farmers Insurance Company-Westfield Group, took over for Palmetto in mid-February and has retained most of the subcontractors Palmetto originally hired. Since the Westfield Group took over, there has been a “lot of movement at the station,” Truro Township trustee Pat Mahaffey said. “They didn’t really miss a beat. Three days later, there were people on the job and there’s been a steady stream of workers in there ever since. “Construction isn’t a perfect science and it’s unfortunate that Palmetto had this problem … but we made sure we had a good bonding agent in place. Because of the surety bond, the delay is not expected to increase construction costs, officials said. “When we were vetting the prospective bidders, the township did everything it could in terms of our due diligence,” Sharps said. “Nothing that we saw gave us any indication that this was going to happen or we wouldn’t have picked (Palmetto). “We are doing anything and everything in our power to make that opening date,” Sharps said. “This project has gone slowly but if we can get it done by August, we’re looking at about 18 months since we demolished the old station. We’re making sure we’re spending the taxpayers’ money properly. That station has to be built right and it’s got to last.” https://www.thisweeknews.com/news/20190306/contractor-defaults-on-truro-township-fire-station

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With 7.5% Growth Rate Surety Market to Reach US $28.77 Billion by 2027

Surety Market to 2027 – Global Analysis and Forecast by Bond Type. In terms of revenue, the global Surety market accounted for US$ 15.33 Billion in 2018 and is expected to grow at a CAGR of 7.5% over the forecast period 2019–2027, to account for US$ 28.77 Billion in 2027. Pune, India — (SBWIRE) — 03/06/2019 — The report highlights the trends prevalent in the global surety market and the factors driving the market along with those that act as deterrents to its growth. Currently, the surety market penetration rates in the North America region is higher than any other markets across the globe. This is attributed to most of U.S. State governments’ laws that mandate surety bonds. Both the U.S. and Canada Surety markets are majorly ruled by insurers, while banks also play a significant role. However, SAM and APAC region is anticipated to grow at the highest CAGR. The global surety market by geography is segmented into five regions including North America, Europe, Asia Pacific, Middle East & Africa and South America. Market is currently dominated by North America followed by Europe however, the market in South America is growing at a highest CAGR. Some of the major companies operating in the market include AmTrust Financial Services, Inc.; Crum & Forster; CNA Financial Corporation; American Financial Group, Inc.; The Travelers Indemnity Company; Liberty Mutual Insurance Company; Hartford Financial Services Group, Inc.; HCC Insurance Holdings; IFIC Surety Group; and Chubb Limited among others. Merger and acquisition is expected to be the key growth strategy to be adopted by players for next two-three years. However, this strategy could impact competition, it is also expected to generate new market as well as product opportunities as recently combined companies will thrive to maintain position and profitability. The major companies operating in the market include AmTrust Financial Services, Inc.; Crum & Forster; CNA Financial Corporation; American Financial Group, Inc.; The Travelers Indemnity Company; Liberty Mutual Insurance Company; Hartford Financial Services Group, Inc.; HCC Insurance Holdings; IFIC Surety Group; and Chubb Limited among others. The report focuses on an in-depth segmentation of the Surety market based on bond type. The geographic segmentation of the report covers five major regions including; North Americas, Europe, Asia-Pacific (APAC), Middle East and Africa (MEA) and South America (SA). The regional market has been further bifurcated by respective countries. By bond type, contract surety bond accounted for the largest share of the surety market in 2018. Read more… http://www.digitaljournal.com/pr/4194681

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Arch Insurance awarded $39 million in stadium indemnity dispute

A Connecticut construction firm must indemnify an Arch Insurance Group Inc. unit for $39.1 million in connection with the building of a minor league baseball stadium, a federal district court has ruled. Arch Insurance Co., a unit of Jersey City, New Jersey-based Arch Insurance Group, had issued surety bonds to North Haven, Connecticut-based Centerplan Construction Co. in connection with its construction of the Hartford Stadium, according to Wednesday’s ruling by the U.S. District Court in Hartford, Connecticut, in Arch Insurance Co. v. Centerplan Construction Co. et. al. The stadium, which is known as the Dunkin’ Donuts Park, is the home field of the Hartford Yard Goats of the Eastern League baseball team. General indemnity agreements were issued in connection with the surety bonds that obligated Centerplan and its related companies to indemnify Arch for any losses and expenses it sustained because of the bonds, according to the ruling. In June 2016 the city of Hartford terminated Centerplan’s design-build agreement for the stadium’s construction citing “continued defaults,” according to the ruling. Arch entered into a takeover agreement with Hartford and the Hartford Stadium Authority to complete the stadium’s construction. Arch filed suit against the defendants in U.S. District Court in November 2016 on charges including contractual indemnification. The indemnity agreements govern Arch’s right to indemnification, said the ruling. “Because the Defendants have failed to provide evidence from which a jury could reasonably conclude that Arch acted on the Hartford Stadium and performance bonds in bad faith, there is no dispute as to an issue of material fact, and Arch is entitled to indemnity for payments on these claims as a matter of law,” the ruling said, in awarding the insurer $39.1 million. https://www.businessinsurance.com/article/20190215/NEWS06/912326741/Arch-Insurance-awarded-$39-million-in-minor-league-stadium-indemnity-dispute

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Surety Outlook 2019: The Peak of the Cycle

By the end of 2018, the construction and surety industries remained robust and resilient. For most contractors, backlogs are as strong as they have been in over a decade, margins have returned to pre-recession highs and work is abundant. For surety companies, profits are at an all-time high, loss margins remain low and demand for bonding, along with total spending in the building industry, continues to grow across the nation. According to the U.S. Census Bureau, total construction spending in 2017 was $1.24 trillion and is expected to grow to over $1.35 trillion by the end of 2018. Along with construction spending, the surety industry’s historic results have continued to improve. Since 2012, the direct written premium for the industry has grown from $5 billion to over $6.2 billion at the end of 2017, an increase of over 23 percent. And the industry does not appear to be slowing down any time soon, with projected direct written premiums of more than $6.5 billion in 2018. The continued results and positive forecast for both underwriters and contractors have many wondering, “When is the market going to reach its boiling point and how do I prepare for the inevitable decline?” Many subcontractors, overextended with work opportunities and thin on resources, have started to show signs of struggling and an increase in defaults. This growing frequency of subcontractor defaults has resulted in some of the industry’s largest sureties experiencing significant general contractor failures domestically and internationally. Rather than speculate, surety reinsurers are beginning to institute firmer underwriting compliance standards for front-line sureties. In response, surety underwriters are depending even more on their clients and agents to proactively manage their operation and risks associated with growth in an expanding economy. “Best-in-class” contractors are using the market’s positive growth and outlook to focus on what they do best and intelligently grow their backlogs, rather than over extending themselves by taking on work far outside their abilities and capacity. As growth continues, three main questions continue to be at the top of all contractors’ and underwriters’ minds: labor shortages, material costs and governmental policies. CONTINUING LABOR SHORTAGES The ability to attract and retain skilled labor is the number one concern of general contractors, subcontractors, suppliers and vendors. Although the quantity of skilled labor has increased in recent years, it has not kept up with the increase in construction spending. As a result, the industry is experiencing one of the largest labor shortages in history. The 2008 recession saw backlogs shrink and contractors were focused on managing overhead and ensuring sustainability. To survive, many had to make difficult decisions to lay off key employees, opting to keep only the most vital roles filled. Many of the employees who were laid off were unable to find work and forced to retire or seek employment in other industries. At that time, training and developing the construction industry’s future work force and leaders were non-existent. In addition, high schoolers became more focused on four-year college placement as opposed to joining the workforce immediately upon graduation or learning a trade. Today’s contractors are feeling the long-term effects of this mass exodus in the construction labor market and, now with demand at an all-time high, contractors simply don’t have the supply of skilled labor to match the need. The year 2018 marked that largest gap in growth between new construction employment and construction spending since post-recession. Read More … http://constructionexec.com/article/surety-outlook-2019-the-peak-of-the-cycle

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