When a surety company underwrites an appeal (or supersedeas) bond, it is taking on the financial risk that a judgment will ultimately be paid should it be affirmed on appeal. To offset that risk, surety companies will often require the judgment debtor to provide collateral as security for the surety’s potential exposure. There are currently
Hybrid Collateral Approaches to Obtaining an Appeal Bond Read More »
Navigating the post-judgment phase and securing an appeal bond to meet strict court deadlines can be a complex process for attorneys and their clients. The bonding process alone can be difficult to navigate since the need for appeal bonds don’t come up often.To provide some clarity and help attorneys better manage client expectations when it
6 Common Misconceptions About Appeal Bonds Read More »
In the current litigation landscape, nuclear verdicts have increased both the complexity and the frequency of large appeal bonds. For insurers, managing these obligations requires a proactive approach to streamline the process once the need for an appeal bond arises while ensuring thorough risk assessment. New to appeal bonds? Read our article, “Appeal Bonds 101:
How Insurers Can Streamline the Appeal Bond Process Read More »
For attorneys and their clients, the post-judgment phase often presents a financial challenge. With the rise of “nuclear verdicts” and a volatile economic climate, the requirement to post collateral to secure an appeal bond (supersedeas bond) can place a strain on a client’s cash flow and/or borrowing capacity that they may need for ongoing business
Using Life Insurance as Collateral for Appeal Bonds Read More »
When an appellate lawyer puts a client in touch with Court Surety Bond Agency, the client is in a tough spot. “They’re going to be facing a verdict, an adverse verdict, or it’s just entered, and they’re coming to us because they need to post a bond” to stay judgment enforcement during appeal, says Arturo
Supersedeas Bonds in the Real World: Timing, Collateral, and Cost Read More »
In the past two years, there have been a couple of amendments to the Texas Rules of Appellate Procedure which directly relate to the filing and requirements for supersedeas bonds, and we thought it would be useful for practitioners to have our view of the impact of these rules. Rule 24.1(b)(2) The amended rule effective
What Texas Rule Changes Mean for Securing Supersedeas Bonds on Appeal Read More »
Appellants today are experiencing a double whammy of sorts. Whammy number one is they are being hit with larger and larger judgments than in the past. According to a study published in 2022 by the U.S. Chamber of Commerce Institute for Legal Reform, “The median reported nuclear verdict increased from $19.3 million in 2010 to
Appeal Bonds in a World of Nuclear Verdicts and Higher Interest Rates Read More »
When an insurer is posting an appeal bond involving a judgment in excess of their policy limits, the natural concern is how to cap their exposure to their policy limits and not become jointly and severally liable for the entire judgment. In this article we will take a look at some of those situations and
Navigating Insurer Policy Limits When Securing Appeal Bonds Read More »
In the course of providing appeal bonds, we occasionally encounter situations where appellants only provide a bond to cover part of the judgment amount. Most state and federal statutes require at a minimum the full judgment plus costs and interest to be bonded, but there are exceptions, and we will outline those that we’ve dealt
When Are Partial Appeal Bonds Allowed? Read More »
Never have appeal bonds been highlighted in the news as much as they were earlier this year when Donald Trump went through the process to obtain one in his New York civil fraud case. We were not involved in obtaining the $175 million bond on Mr. Trump’s behalf, but during the process we were contacted
What We Can Learn from Donald Trump’s Appeal Bond Read More »
