Page 331 - Evento Guatemala 2012
P. 331
Fronting: until when? It starts now! And with further studies, everyone’s contribution, and a
great deal of responsibility, we will develop this resource to its maximum potential.
Fronting
SOURCE CONTRACT (DOCUMENT ORIGINATING THE SURETY BOND)
a) Work contract, services, supply, permit, etc.
b) Appeal / Dispute over tax payments
c) Tender or bid
Based in the same country: Based in = Different countries:
Account and ceding insurer COUNTRY (B) Foreign insurer
+
Principal based in Fronting company Beneficiary
a foreign country based in
Risk underwriting COUNTRY (B)
and (A) Product:
Document:
SURETY BONDS “Country A†bond
program setting Insurer, “Country B†issuance
(Surety) Insurer,
Account Cedent Facultative License to operate - TEXT Beneficiary (Mexico)
(Bondholder / Reinsurer reinsurance - TERMS Obligee (Venezuela)
insured / principal) contract for in own country Insured (Colombia)
(Terminology varies “FRONTINGâ€
according to country) Assignee - DURATION Obligee (USA)
Reinsured
US BROKER No intermediary involved Public Private
(intermediary) in 90% of the cases beneficiary beneficiary
Surety bond application /
Fronting form / slip
The counter-guarantee (GAI, in US) of the account granted based in country “A†is related to the reinsurance contract written in country B (with
consent by the account) and through contract plus bond request, the form (bond application) is protected under the assumed risk.
Counter-guarantor = HOLD HARMLESS / reinsurance slip / bond request form: between insurer “A“ and insurer “Bâ€.
General Indemnity Agreement (GAI): between cedent and account.
Consulted bibliography and contributions received:
• Bibliography: John B. Fitzgerald, Ray H. Britt and Daniel D. Waldorf. Principles of Suretyship. American
Institute for Chartered Property Casualty Underwriters - Insurance Institute of America. 2th ed. 4th
printing.
• Special contribution to the drafting of the comparative table (data about facultative reinsurance): Alicia
Salas Abad, lawyer (CEO, Reaseguradora Delta, Venezuela).
329XXIV Asamblea General / XXIV General Assembly

