Surety Policies

What is a Surety Policy?

The surety policy is an insurance contract through which an insurer (Continental), guarantees compliance of performance of the purchaser, or insured, concerning a contractual obligation or legal disposition, whereby the respective entity becomes obliged to pay the creditor a determined amount (insured amount) for damages caused due to non compliance of the guaranteed obligations.


Reduction of debt levels within the banking system.
Reduced financial cost.
Increased agility and time of issue.
Increased flexibility and valuation of the counter guarantees.
Son endosables y prorrogables, con autorización previa de la Compañía
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Guarantees the first phase of a project, which is the reception of offers from the different proponents before the project is awarded. The existence of the policy diminishes the possibility of proponents not acting seriously, and if this were the case, it will indemnify the damage caused thereby.

In the case of tenders, this policy guarantees that the awarded party, will sign the definite contract. This policy in no way guarantees the performance of the awarded contract.

Guarantees compliance, in time and performance, of obligations established by contract. In the case of non compliance, or faulty compliance, the Insured is indemnified, thereby releasing them from any uncertainty they might have concerning the opportune compliance of contracts subscribed with third parties. This type of policy includes “correct performance of works”, which guarantees that once the project has been received, the guarantor will comply with respect to repairs that might be necessary at his own expense.

Permits advanced payments, which are necessary to perform a contract, to be made with the certainty that they will be correctly and opportunely invested. If otherwise, the Company will cover any loss or damage that might occur. This insurance avoids the rapidity and flow of a project being affected, by avoiding excessive cautious financing. This type of Surety Policy covers the risk that funds given to the purchaser for performance of a project or works are not used for other purposes than that originally intended

This allows contractors to obtain payment of amounts withheld under the contract payment statements, the mandatory party maintaining full guarantees of contract compliance. This insurance provides the benefit of not reducing the contractor’s working capital, freeing him financially and thereby facilitating the termination of the contractual works or services.

This policy guarantees the correct and full compliance of all obligations the purchaser (financial agent, stock exchange broker, mortgage administrator, investment funds administrator, customs agent, etc.) has with respect to the respective activities, covering the creditors of the insured for their respective credits with respect to the responsibility in which they could incur as a result of any suit brought for non compliance of their obligations.

This policy guarantees correct compliance of purchase/sales contracts. Its objective is to cover the obligation of the prominent seller to provide the definite sales/purchase contract and inscribe the real estate in the respective Register Office. If this does not occur due to issues related to the real estate office, the advanced purchase payment made by the insured will be refunded.

For this type of policy we have our ExtraNet system. This allows requests for policies to be made rapidly and efficiently, the revision of list of policies issued to date, the revision of credit line amount available, and the issuing of original policies in the real estate companies offices. We are in fact the only company that has an electronic signing facility for these types of policies. Additionally, the Insured can verify the authenticity of their policies swiftly on a user friendly basis by entering their Tax Registration Number and policy number previously provided by the real estate office.

The National Customs Services allows importers to set up warehouses for goods under temporary importation regimes, thereby deferring payment of part of the importation costs subject to presentation of a guarantee in the form of a Bank Guarantee or an Immediate Execution Insurance Policy for an amount equivalent to the respective duties, taxes, rates and obligations. The insurance policy guarantees that the goods will not be removed from the bonded warehouse without prior payment of due duties and taxes.

This policy guarantees the National Customs Services that, in the case of goods being imported on a temporary basis for a determined period of time, they will not be sold within the country without previous payment of all duties, taxes, rates and obligations to which they would be subject.

Types of Surety Policies

Subject to adjusters

This type of policy is subject to the intervention of an adjuster at the time of a loss, which will quantify it and determine the indemnity amount. The adjuster has a period of 90 days within which he must present the adjustment report, and the indemnity is payable after 30 days of its presentation.

Subject to Immediate Execution

The entity which determines the amount of indemnity in this type of policy is the Insured and it is paid upon their request without intervention of an adjuster within 30 days, this is similarly to a bank guarantee.

Frequently asked questions

Continental, through the Guarantees Policies, guarantees the fulfillment by the policyholder or the guaranteed party of an obligation to perform contained in a contract or a legal provision, and undertakes to pay the insured party for the damages caused by such non-compliance up to a certain amount (insured amount).

For the Contractor:

– Decreased debt levels, as it does not utilize credit capacity or appear in the Financial System.
– Lower financial cost.
– Greater agility and speed in issuance.
– More flexibility and better assessment of counter-guarantees.
– They are endorsable and extendable, with prior authorization from the Company.

For the Insured:

– Payment is made upon the Insured’s request, without the intervention of a liquidator, offering the same security and speed in payment as traditional bank guarantees.
– Lower cost, as the contractor transfers their costs to the principal.
– Allows for a greater selection of suppliers or contractors, as the requirement of a guarantee often excludes them from competition.

It is the support that allows the Company to financially recover in the event of being obliged to pay compensation for the occurrence of an insured event. Through the counter-guarantee, the policyholder undertakes to reimburse the Company the amounts of money it may have to pay for an insured event.

Simple or endorsed counter-guarantee.
Simple or endorsed promissory note.
Real guarantees (mortgage, pledge, time deposit).

To enforce a guarantee policy, the procedure specified in the general conditions of each policy must be followed. In all cases, a written report must be submitted to the Company, indicating the policy number, the claimed amount, the reason for the claim, and accompanied by supporting documentation.

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Gabriela Carrasco M.

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