Fidelity Bonds – An Indirect Route To Direct Loss

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Clyde & Co

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Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
A key requirement under many fidelity bonds is that an insured’s loss "result directly from" employee dishonesty or other covered peril.
UK Insurance
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A key requirement under many fidelity bonds is that an insured's loss "result directly from" employee dishonesty or other covered peril. The majority of US courts have adopted the "direct means direct" approach, holding that the language calls for a causation standard more stringent than proximate cause. The minority view is that only proximate cause is required. The Canadian courts have come at the question from a different angle.

A recent decision by the US Circuit Court of Appeals for the Sixth Circuit illustrates the evolving nature of the issue within the US and, in particular, the Sixth Circuit.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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