The court also ruled that an appeal was part and parcel of the general duty to defend and was not attributable to the provision regarding payment for the cost of appeal bonds.
But beyond court rulings on the subject, it is just common sense and sound risk management practice to appeal adverse judgments, so paying for appeal bonds should be considered an integral (even if not mentioned) part of the supplementary payments section of insurance policies.
Currently, forty-one states cap appeal bonds, either legislatively or by
156) States have passed statutes capping appeal bonds with several
whether Rule 62(d) or a given state statute capping appeal bonds will
state statutes that cap appeal bonds, the risk of vertical forum
An appeal bond (sometimes called a supersedeas bond) is the most common form of security.
Defendants can provide several alternative forms of security in lieu of an appeal bond.
An appeal bond is not the only form of security that will operate to stay enforcement of a judgment.
Although 18 states have enacted limits on the size of
appeal bonds in the last three years, Louisiana, Nevada, Oklahoma and West Virginia have specifically limited the size of
appeal bonds that would affect companies that signed the master tobacco settlement.
SB 280 contained a number of civil justice reform measures, including providing that state agencies hiring lawyers seek open and competitive bids, tying prejudgment and post-judgment interest rates to the auction price for 52-week Treasury bills, placing a $50 million limit on
appeal bonds, requiring mediation for all tort actions unless the court ruled otherwise, and capping non-economic damages in medical malpractice cases at $350,000.
