Bail Agent Insurance Policy Information
Bail Agent Insurance. Many people who come into trouble with the law don't have the means necessary to post their own bail. In order to secure their release, these individuals often turn to a bail bondsmen agent.
A bail agent provides surety bonds to persons who have been arrested and must appear in court later to face the charges against them. Bail agents are licensed by state insurance departments and usually represent one or more surety companies. These agents can issue bonds within the guidelines established for them by each surety.
When an individual is arrested, the Eighth Amendment of the Constitution requires that bail be set by the court so the individual can stay out of jail while awaiting trial. Bail can be denied for capital crimes if the individual is a flight risk, or for other significant reasons.
The amount of bail can be paid in cash or by pledging owned assets to the court. The bail amount is returned to the individual after all court proceedings have concluded and the individual has appeared as required.
If the individual does not appear as required, the bail amount becomes the property of the court. If an accused or their family cannot afford to provide the bail amount, they can purchase a surety bond from a bail agent.
The agent will post the bond on behalf of the accused and charge a nonrefundable fee of 10% of the bond amount for the service. If the individual does not appear at scheduled court proceedings, the surety company pays the bond amount to the court and the bail agent reimburses the surety company.
In many states, the bail agent has a great deal of latitude in the methods used to guarantee that the individual appears as required. The individual or their family may be required to provide collateral that is held by the bail agent until all court ordered obligations are met.
If the accused does not appear as required, the bail agent may hire a recovery agent (bounty hunter) to find the individual and return him or her to the authorities.
Bail bond agents post bail for those who are detained after receiving a fee or other form of collateral from a defendant or his or her family or friends. In return, you cover the remaining amount that the defendant owes the court should the defendant fail to appear.
But how do bail bond agents serve as a surety for the defendants that they represent and answer for countless dollars in bail without going out of business or running into legal trouble themselves? The answer: insurance.
If you're thinking about going into the bail bond business, carrying the right type of insurance is crucial; not only does bail agent insurance protect your business, but it also protects you in the event that the defendants that you are acting as a surety for do skip their bail.
Bail agent insurance protects your bail bonds business from lawsuits with rates as low as $97/mo. Get a fast quote and your certificate of insurance now.
Below are some answers to commonly asked bail bondsman insurance questions:
- What Is Bail Agent Insurance?
- How Much Does Bail Agent Insurance Cost?
- Why Do Bail Bond Agents Need Insurance?
- What Type Of Insurance Do Bail Agents Need?
- What Does Bail Agent Insurance Cover & Pay For?
What Is Bail Agent Insurance?
Bail Agent insurance, also known as bail bondsman insurance, is a type of insurance policy specifically designed for individuals who operate as bail agents. This insurance covers the bail agent in the event of losses or liabilities incurred in the course of their work, such as if a defendant skips bail and cannot be located.
The insurance typically covers costs associated with recapturing the defendant, as well as any legal fees that may arise. It is an essential aspect of the bail agent's business, as it protects them from potential financial losses and ensures that they can continue to operate and provide bail services to their clients.
How Much Does Bail Agent Insurance Cost?
The average price of a standard $1,000,000/$2,000,000 General Liability Insurance policy for small bail agents businesses ranges from $97 to $119 per month based on location, size, payroll, sales and more.
Why Do Bail Bond Agents Need Insurance?
Owning and operating any type of business is risk; but for bail bondsmen agents, the risk is particularly high. Despite the fact that you charge your clients a nonrefundable fee or collect collateral from them, there's always a chance that they will skip out on their bail and fail to appear in court.
If that happens, you are liable and will be responsible for paying the court the remaining amount that the defendant you served as a surety for owes.
Depending on the number of people you post bail for and the amount of people who fail to appear in court, you could be responsible for millions of dollars. If you don't have insurance, you will have to pay the courts out of your own pocket. In other words, insurance protects you from potentially crippling financial damages should your clients fail to uphold their end of the bargain.
There are other aspects of your business that you need the protection of insurance for, too; the commercial property you operate your bail bondsmen business out of, the staff that you employ, the clients and vendors that you work with...
There are so many issues that can arise that could result in serious financial hardship if you don't have the right type of bail agent insurance coverage.
What Type Of Insurance Do Bail Agents Need?
The specific types of bail agent insurance coverage that bail bondsmen agents need to carry depends on a variety of factors; where their business is located, the number of clients they represent, and the size of the company are just a few of the factors that will affect the type of insurance bail bondsmen require.
However, regardless of the specifics of your business, most bail agents will need to carry the following coverages:
- Bail Insurance Coverage - In most states, bail bondsmen agents are required to prove that they have the means available to pay for any bail bonds that may be forfeited. That's where bail insurance comes in. Basically, bail insurance acts as a bigger bond that serves as proof to a court that you, the bail agent, can back the bonds that you write for defendants.
- Commercial General Liability - This type of coverage protects you from any third party personal injury or property damage claims. For example, if a client slips and falls on the premises of your office, sustains an injury, and files a lawsuit, commercial general liability insurance will pay for any related medical care that the individual needs, as well as the legal fees that are associated with the lawsuit.
- Commercial Property Insurance - With this type of insurance, the physical structure of your business, as well as the contents within it, will be covered from various types of damages, such as fire, water, or storm damage, as well as vandalism and theft. If someone were to break into your office and steal any of your property, for example, commercial property insurance would pay for any repairs that your building needs, as well as the cost of replacing anything that was stolen.
There are other coverages to consider, the best thing to do is to speak to a commercial insurance broker to help you find the right package to protect your operations.
Bail Bondsmen's Risks & Exposures
Premises liability exposures are moderate as clients may visit the bond agent's premises. They must be kept in customer waiting areas and designated conference areas to prevent them from overhearing conversations regarding other clients' confidential information. Flooring must be in good condition, with no frayed or worn spots on the carpet and no cracks or holes. Exits must be sufficient in number, be well marked, and have backup lighting in case of power failure. Parking lots and sidewalks need to be in good repair with snow and ice removed, and generally level and free of exposure to slips and falls.
Courts may deem the security of visitors in parking areas to be the responsibility of the owner or operator of the premises. Factors affecting the risks include the exterior lighting, fencing, and any other security measures in place. The off-site exposure may be extensive as agents may travel to courtrooms, prisons, or clients' homes to negotiate contract terms. Policies concerning employee conduct should be established with periodic training provided.
Whether on premises or off, client transactions may be difficult due to emotions surrounding the circumstances for needing bail. Personal injury exposures include assault, battery, libel and slander, and invasion of privacy. Prisoner recovery presents a very unusual exposure from a personal injury standpoint. Although there is considerable latitude in the tactics that can be used in recovery activities, there are still civil protections for innocent parties that might be injured accidentally. If subcontracted recovery agents (independent bounty hunters) are used, certificates of insurance should be obtained.
Workers compensation exposures include the office, jail, and court exposures. Office exposures include ergonomic concerns such as eye strain, neck strain, carpal tunnel syndrome, and similar cumulative trauma injuries that can be addressed through ergonomically designed workstations. As many bail agents operate on a cash-only basis, the potential for hold-up due to the money on premises can be high. Clients may threaten and physically attack employees.
Procedures to avoid and prevent confrontations must be in place. If the bail agent engages in recovery operations, the exposure increases. Subcontractors used for recovery operations should be required to provide certificates of insurance for workers compensation coverage.
Property exposures are often limited to that of an office. Ignition sources include electrical wiring, heating, and air conditioning systems. The considerable storage of customers' records adds to the fire load. Coverage on the property of others is needed as bail agents often hold property of others in their care, custody, and control as collateral for the bonds written. This property must be maintained in its original condition and returned to its owner once the trial is concluded.
Crime exposures are from employee dishonesty and theft of money and securities. Hazards increase without proper background checks, separation of duties, and monitoring procedures. Bail agents may conduct business at all hours of the day or night, so large amounts of cash can accumulate on premises. While many accept only cash for their fees and services, a few of the larger firms now accept credit card and installment payment plans.
Inland marine exposures consist of accounts receivable if the agent offers credit, computers, and valuable papers and records for customers and court records. The agent should keep valuable papers and disks in fireproof file cabinets to protect them from smoke, water, and fire. Power failure and power surges can result in large losses to critical documents. Duplicates must be made and kept off site. Blank bonds are particularly valuable; access must be controlled to prevent unauthorized use.
Business auto exposures may be limited to hired and non-owned for travel to and from the court, jail, or to monitor client activities. If vehicles are furnished to the agents, there should be written procedures in place regarding personal use by employees and their family members. All employee drivers should have valid licenses with their MVRs regularly checked. All owned vehicles must be regularly maintained with records retained.
If vehicles are used in recovery operations, the exposure increases substantially due to the necessity of quickly changing directions during an attempted apprehension and the presence of children or other bystanders. All drivers involved in apprehensions should be required to take emergency maneuvering courses.
What Does Bail Agent Insurance Cover & Pay For?
Bail agents, also known as bail bondsmen, can be sued for various reasons. Some of these reasons include negligence, breach of contract, false arrest, defamation, and violation of state regulations. Insurance policies, such as professional liability insurance or errors and omissions (E&O) insurance, can help protect bail agents by covering legal expenses, settlements, and judgments associated with these lawsuits. Here are a few examples:
Negligence: If a bail agent is accused of being negligent in their duties, such as failing to properly investigate a client's background, they can be sued by the affected parties. Insurance can help cover the costs of defending against the claim, as well as any settlements or judgments that may result from the lawsuit.
Breach of contract: A bail agent may be sued for breach of contract if they fail to fulfill their obligations under the terms of a bail bond agreement. Insurance can help pay for legal expenses and potential damages awarded to the claimant if the bail agent is found liable.
False arrest: If a bail agent is accused of wrongfully detaining or arresting someone, they can be sued for false arrest. Insurance can help cover legal expenses related to the case, as well as any damages awarded to the claimant if the bail agent is found liable.
Defamation: A bail agent may be sued for defamation if they make false and damaging statements about someone, such as a client or another bail agent. Insurance can help cover legal expenses and potential damages awarded to the claimant if the bail agent is found liable.
Violation of state regulations: Bail agents are subject to state regulations and licensing requirements. If they are accused of violating these regulations, they may face legal action. Insurance can help cover the costs of defending against such claims, as well as any penalties or fines that may be imposed.
In each of these examples, having a comprehensive insurance policy can help protect bail agents from the financial consequences of a lawsuit. It's essential for bail agents to work with an experienced insurance agent to ensure they have the right coverage for their specific needs and risks.
Commercial Insurance And Business Industry Classification
- SIC CODE: 7389 Business Services NEC
- NAICS CODE: 812990 All Other Personal Services
- Suggested Workers Compensation Code(s): 8742 Salespersons or Collectors - Outside
7389: Business Services, Not Elsewhere Classified
Division I: Services | Major Group 73: Business Services | Industry Group 738: Miscellaneous Business Services
7389 Business Services, Not Elsewhere Classified: Establishments primarily engaged in furnishing business services, not elsewhere classified, such as bondspersons, drafting services, lecture bureaus, notaries public, sign painting, speakers' bureaus, water softening services, and auctioneering services, on a commission or fee basis. Auctions of used cars and agricultural commodities, such as livestock and produce, are classified in Wholesale Trade.
- Agents and brokers for authors and nonperforming artist
- Apparel pressing service for the trade
- Appraisers, except real estate appraisers
- Arbitration and conciliation services
- Artists' agents and brokers, except performing artists
- Auctioneering service on a commission or fee basis
- Authors' agents and brokers
- Automobile recovery service
- Automobile repossession service
- Automobile shows, flower shows, and home shows: promoters of
- Bartering services for businesses
- Batik work (handprinting on textiles)
- Bottle exchanges
- Bronzing baby shoes
- Business brokers (buying and selling business enterprises)
- Charge account service (shopping plates) collection by individual
- Check validation service
- Cloth: cutting to length, bolting, or winding for textile distributors
- Contractors' disbursement control
- Convention bureaus
- Convention decorators
- Copyright protection service
- Correct time service
- Cosmetic kits, assembling and packaging
- Cotton inspection service, not connected with transportation
- Cotton sampler service
- Coupon redemption service, except trading stamps
- Credit card service (collection by individual firms)
- Decoration service for special events
- Demonstration service, separate from sale
- Directories, telephone: distribution on a contract or fee basis
- Divers, commercial
- Drafting service, except temporary help
- Drawback service, customs
- Drive-a-way automobile service
- Embroidering of advertising on shirts, etc.
- Engrossing, e.g., diplomas and resolutions
- Exhibits, building of: by industrial contractors
- Field warehousing, not public warehousing
- Filling pressure containers (aerosol) with hair spray, insecticides, etc.
- Fire extinguishers, service of
- Firefighting service, other than forestry or public
- Flagging service (traffic control)
- Floats, decoration of
- Florists' telegraph service
- Folding and refolding service: textile and apparel
- Fundraising on a contract or fee basis
- Gas systems, contract conversion from manufactured to natural gas
- Handtool designers
- Handwriting analysis
- Hosiery pairing on a contract or fee basis
- Hotel reservation service
- Identification engraving service
- Inspection of commodities, not connected with transportation
- Interior decorating consulting service, except painters and paper
- Interior designing service, except painters and paper hangers
- Inventory computing service
- Labeling bottles, cans, cartons, etc. for the trade: not printing
- Laminating of photographs (coating photographs with plastics)
- Lecture bureaus
- Lettering service
- Liquidators of merchandise on a contract or fee basis
- Mannequin decorating service
- Map drafting service
- Mapmaking, including aerial
- Message service, telephone answering except beeper service
- Metal slitting and shearing on a contract or fee basis
- Meter readers, remote
- Microfilm recording and developing service
- Mounting merchandise on cards on a contract or fee basis
- Music distribution systems, except coin-operated
- Notaries public
- Packaging and labeling service (not packing and crating)
- Paralegal service
- Parcel packing service (packaging)
- Patent brokers
- Patrol of electric transmission or gas lines
- Photogrammetric mapping service (not professional engineers)
- Photographic library service, still
- Photography brokers
- Pipeline and power line inspection services
- Playwrights' brokers
- Post office contract stations
- Presorting mail service
- Press clipping service
- Printed circuitry graphic layout
- Process serving service
- Produce weighing service, not connected with transportation
- Product sterilization service
- Promoters of home shows and flower shows
- Racetrack cleaning, except buildings
- Radio broadcasting music checkers
- Radio transcription service
- Recording studios on a contract or fee basis
- Redemption of trading stamps
- Repossession service
- Restaurant reservation service
- Rug binding for the trade
- Safety inspection service, except automotive
- Salvaging of damaged merchandise, not engaged in sales
- Sampling of commodities, not connected with transportation
- Scrap steel cutting on a contract or fee basis
- Shoe designers
- Showcard painting
- Shrinking textiles for tailors and dressmakers
- Sign painting and lettering shops
- Solvents recovery service on a contract or fee basis
- Speakers' bureaus
- Sponging textiles for tailors and dressmakers
- Styling of fashions, apparel, furniture, and textiles
- Styling wigs for the trade
- Swimming pool cleaning and maintenance
- Switchboard operation of private branch exchanges
- Tape slitting for the trade (cutting plastics, leather, etc. into widths)
- Tax collection agencies: collecting for a city, county, or State
- Tax title dealers: agencies for city, county, or State
- Telemarketing (telephone marketing) service on a contract or fee basis
- Telephone answering, except beeper service
- Telephone solicitation service on a contract or fee basis
- Textile designers
- Textile folding and packing services
- Time-share condominium exchanges
- Tobacco sheeting service on a contract or fee basis
- Tourist information bureaus
- Trade show arrangement
- Trading stamp promotion and sale to stores
- Trading stamp redemption
- Translation service
- Water softener service
- Weighing foods and other commodities not connected with
- Welcoming service
- Window trimming service
- Yacht brokers
Bail Agent Insurance - The Bottom Line
To find out exactly what type of bail agent insurance you need and how much coverage you should carry, speak to a reputable insurance agent as soon as possible.
Additional Resources For Miscellaneous Insurance
Find informative articles on miscellaneous businesses including the types of commercial insurance they need, costs and other considerations.
- Adult Daycare
- Agriculture, Forestry, Fishing & Hunting
- Bail Agent
- Control of Well
- Electric Utilities
- Employment / Staffing Agency
- Engraving Business
- Facility Support Services
- Mail Order
- Oil And Gas Lease
- Personal Concierge
- Photofinishing Lab
- Portable Sanitation
- Private Water Districts
- Process Server
- RV Parks & Campgrounds
- Security Guard
- Surety Bonds
- Waste Disposal Landfill
- Wedding Planner
- Specialty Accident And Sickness / AD&D
- Specialty Amusement Parks And Rides
- Specialty Auctions And Farmers Markets
- Specialty Business Risks
- Specialty Communication
- Specialty Design
- Specialty Drugs And Alcohol
- Specialty Employee Protection
- Specialty Energy
- Specialty Environmental Risks
- Specialty Firearm And Shooting
- Specialty Hazardous Materials
- Specialty Health Risks
- Specialty Machinery And Tools
- Specialty Merchandise
- Specialty Mobile And Modular Homes
- Specialty Motorcycle Risks
- Specialty Natural Disasters
- Specialty Oil And Chemical
- Specialty Prize Indemnification
- Specialty Programs
- Specialty Railroad
- Specialty Security Risks And Equipment
- Specialty Substandard Risks
- Specialty Travel
- Specialty Weather Related
Businesses need insurance for several reasons. Firstly, insurance protects businesses from potential financial losses that may result from unexpected events, such as accidents, natural disasters, or lawsuits. This financial protection can help businesses recover from unexpected events and continue to operate.
Secondly, business insurance can provide businesses with liability protection. This means that if a business is sued for damages or injuries that occurred on their property or as a result of their products or services, the insurance company will cover the legal costs and damages. Without insurance, businesses may have to pay these costs out of pocket, which can be financially devastating.
Thirdly, commercial insurance can also provide businesses with peace of mind. When businesses have insurance, they can focus on running and growing their business without constantly worrying about potential financial losses or legal issues.
Finally, business insurance can also be a requirement for certain businesses. For example, many businesses that work with the government or large corporations may be required to have certain types of insurance in order to do business with them.
In conclusion, businesses need insurance for financial protection, liability protection, peace of mind, and to meet certain requirements. It is an important aspect of running a successful business and can help ensure the long-term stability and growth of the company.