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What Is A Public Official Bond PDF
What Is A Public Official Bond PDF
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2. License and Permit Bonds
Public official bond violations triggering a bond payout may include an official failing to
collect taxes, fees, or other public funds, negligently inflicting personal injuries, or
misappropriating public funds.
How does the wording in the bond form impact the cost of a Public Official Bond?
The bond form is a tri-party agreement which defines the rights and obligations of the
government agency (obligee), surety company (obligor) and public official (principal). While
many bond forms use similar language, each bond form can be customized by the
government agency requiring the specific bond and may contain provisions that increase
potential costs for the surety company, which will ultimately be passed on to the official via
higher bond premiums, stricter underwriting or collateral. The primary text to consider in a
public official bond surrounds (1) aggregate limits, (2) cancellation provisions and (3)
forfeiture clauses.
Aggregate Limits
Bond forms always specify the penal sum defined as the maximum amount of financial
damages any single party can recover from the bond related to a single claim occurrence.
Most bond forms also contain a clause which limits the amount of financial damages from all
parties and all claims to a specific amount (“aggregate limit”), usually the same amount as
the penal sum. For example, a $15,000 public official bond with an aggregate limit of
$15,000 will pay out no more than $15,000, regardless of the number of damaged parties or
claim occurrences. Public official bonds without an aggregate limit will be more expensive
than a bond with similar coverage containing an aggregate limit.
Cancellation Provisions
Most bonds contain a provision allowing for the surety company to cancel the bond
(“Cancellation Provision”) by providing a notice to the public official and government agency
requiring the bond with the cancellation taking effect within a set period of time, usually 30
days (“Cancellation Period”). Cancellation provisions allow the surety company to cancel the
bond for any reason, but most often due to the official failing to pay premiums due, claim
payouts, or material changes in the official’s credit score. Public official bonds with no
cancellation provision or cancellation periods greater than 30 days will be more expensive
than a bond with similar coverage containing a standard cancellation provision.
Forfeiture Clause
Surety bond claims are paid by surety companies to damaged parties to reimburse that
party for the financial loss incurred up to the bond penalty amount. Certain bonds contain a
clause which requires the surety company to pay the full bond penalty to the damaged party,
regardless of the actual damages incurred (“Forfeiture Clause”). Public official bonds with
forfeiture clauses will be more expensive than a bond with similar coverage that does not
contain the clause.
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