Our People

Carol Z. Smith -
Of Counsel

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Overview: 

Carol is admitted to practice in the state and federal courts of Kansas and Missouri as well as the Eighth and Tenth Circuit Courts of Appeal.

Carol represents clients in litigation matters, primarily involving surety, fidelity and construction claims.  She is active in the ABA, Tort Trial and Insurance Practice, Fidelity and Surety Law Committee and has edited and contributed to several of the committee’s publications.  She was also recently named to the Board of Directors of the Surety Claims Institute.

 

Experience: 
  • Represented surety clients in a variety of claim situations, litigation and arbitration
  • Analyzed and defended claims on financial institution bonds and commercial crime policies
  • Handled claims on court fiduciary, public officials, bankruptcy trustee, supersedeas and subdivision bonds
  • Defended construction defect cases
  • Reviews and negotiates construction contracts
  • Investigated discrimination and harassment claims as a neutral fact finder
  • Defended employers in administrative proceedings and lawsuits
Activities: 
  • American Bar Association
    • Tort Trial & Insurance Practice Section
    • Fidelity & Surety Law Committee, Vice-Chair 2009-2014 and 2018-2019, Co-Chair of the Communications Division 2015-2018
  • Surety Claims Institute-Board of Directors
  • Kansas Bar Association
  • Missouri Bar Association
  • Kansas City Metropolitan Bar Association, Construction Law Committee
  • Johnson County Bar Association

 

Seminars/Publications: 

Presentations

  • “A Marvelous Mediation of Heroic Proportions: Insurance Coverages in Complex Construction Litigation,” January 25, 2018, 2018 FSLC Mid-Winter Conference-Construction Program Co-Chair
  • “Surety Defenses in Practice: Modification of Contract, Impairment of Collateral, Release and Discharge and Extensions of Time – Proof, Problems, and Practice in Asserting these Defenses,” Surety Claims Institute, June 24, 2016
  • “Duties of Insured in the Event of Loss,” November 5-6, 2015 FSLC Fall Meeting Program
  • “Obtaining and Protecting the Surety’s Right to Contract Funds,” Surety Claims Institute, June 27, 2014
  • “Where is the Finish Line—Analyzing a Surety’s Risk in Asserting a Defense to a Claim or Continuing to Investigate the Claim Under a Reservation of Rights,” May 8-9, 2014 FSLC Spring Meeting Program
  •  “The Necessity of the Principal’s Default,” May 2-3, 2013 FSLC Spring Meeting Program
  • “Mitigating the Completion Loss” (moderated panel of experts), September 2011 Pearlman
  • “When the Walls Come Crumbling Down,” January 21, 2011 FSLC Mid-Winter Meeting Program
  • “Bankruptcy on the Bayou: Gris Gris for the Surety in Bankruptcy Court,” May 2010 FSLC Spring Meeting Program
  • “The Surety’s Indemnity Agreement Law & Practice,” May 2008 FSLC Spring Meeting Program
  • “The Butterfly Effect: How Surety and Fidelity Claims Handlers’ Responses Shape Perceptions,” February 2008 FSLC Mid-Winter Meeting Program
  • “Appeal of a Loan Loss Trial – A View from the Judicial Bench,” January 2000 International Association of Defense Counsel

Publications

  • Managing the Complex Surety Case, 3rd Ed.-Chapter Co-Author, 2018
  • A Primer on Insurance Coverages for the Surety Professional – Co-Editor, 2018
  • Bond Default Manual 4th Ed. – Co-Editor, 2015
  • The Annotated Commerical Crime Insurance,  3rd Ed., Chapter 13 -Co-Author, 2015
  • The Contract Bond Surety’s Subrogation Rights, Chapter 4, 2013
  • Fifty State Construction Lien and Bond Law – Kansas and Missouri, Aspen Publishing – Co-Author, 2013-2017
  • TIPS Annual Survey of Fidelity and Surety Cases 2012-2013, ABA – Editor
  • TIPS Annual Survey of Fidelity and Surety Cases 2009-2011, ABA – Contributor
  • The Surety’s Obligation to Correct Defective Work and Performance of Warranty Work and their Effect on Negotiating Terms of Completion, presented at January 21, 2011 Mid-Winter Meeting program, When the Walls Come Crumbling Down
  • The Surety’s Indemnity Agreement:  Law & Practice, 2nd Ed., Chapter V, ABA – Co-Author
  • Liberty Mutual v. Aventura:  Using the GIA to Settle The Principal’s Affirmative Claims Over its Objections, Surety & Fidelity Claims Institute
  • Handling Fidelity Bond Claims 2nd Ed., Chapter 18: Settlement – Co-author
  • Kansas Construction Law, Chapter 12: Bonds—Bid, Performance, Payment, Kansas Bar Association