Justin D. Wear

Justin D. Wear
Nashville, Tennessee

Justin Wear is a Partner with Manier & Herod and a member of the firm’s Surety & Fidelity Practice Group.  His practice focuses on areas of fidelity law, surety law, cyber risk and liability insurance coverage, D&O and E&O insurance, and commercial litigation.  Mr. Wear received his bachelor of arts, magna cum laude, from the University of the South in Sewanee, Tennessee.  He received his Juris Doctor, summa cum laude and Order of the Coif, from the University of Tennessee College of Law.  During law school, Mr. Wear was a member of and published contributor to the Tennessee Law Review.  Mr. Wear is admitted to practice in all the courts of Tennessee and Arkansas, as well as a number of federal courts and courts of appeal throughout the United States.  With the assistance of other members of the firm who are admitted in other jurisdictions, Mr. Wear is able to provide support and representation to his clients in jurisdictions throughout the United States.

Mr. Wear represents insurers on coverage investigation and evaluation, coverage litigation, and other matters arising from fidelity and crime insurance policies, financial institution bonds, D&O policies, E&O policies, cyber risk and cyber liability insurance policies, and other professional liability/risk policies.  Mr. Wear also represents sureties in matters involving miscellaneous commercial surety bonds such as notary bonds, administrator, guardian, executor, and other fiduciary bonds, permit bonds, release of lien bonds, and VA bonds. 

Mr. Wear has been with Manier & Herod since 2004, focusing on providing support, counsel, and advocacy for insurers and sureties. He has represented insurers and sureties in large and small disputes, and his practice includes litigating or otherwise handling numerous disputes with the FDIC and other governmental entities.  While his primary objective is to assist the firm’s without the necessity of significant expense or protracted litigation, Mr. Wear has the experience and commitment to utilize the judicial system (or private dispute resolution venues) to protect his client’s interests.   

Mr. Wear is a member of the American Bar Association, Tennessee Bar Association, and the Nashville Bar Association.  He is actively involved and is a frequent speaker in many industry organizations such as the Surety and Fidelity Law Committee of the American Bar Association.  He is currently a Vice-Chair of the FSLC’s Fidelity Law Subdivision.  Mr. Wear has also served a program chair for multiple FSLC meetings, and has authored numerous publications focusing on topics relevant to his fidelity and insurance practice.

Bar Admissions

  • Tennessee
  • U.S. District Court Eastern District of Tennessee
  • U.S. District Court Middle District of Tennessee
  • U.S. District Court Western District of Tennessee
  • U.S. District Court Central District of Illinois
  • U.S. District Court Eastern District of Arkansas
  • U.S. District Court Western District of Arkansas
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • Arkansas


  • University of Tennessee College of Law
    • J.D., summa cum laude, Order of the Coif, 2004
  • University of the South
    • B.A., magna cum laude, 2001

Published Works

  • Author, Cyber Extortion & Ransomware – Evolving Threats and Available Coverages (ABA FSLC 2020 Mid-Winter Meeting, New York, NY). 
  • Co-Author, Recent Developments in Cybersecurity and Data Privacy, TORT TRIAL & INSURANCE LAW JOURNAL, Vol. 53-2 (Winter 2018).
  • Contributor, Annotated Commercial Crime Insurance Policy (American Bar Association, 3rd ed.): Chapter 7: The Insuring Agreements – Electronic Coverages.
  • Contributor, Commercial Crime Insurance Coverage (American Bar Association).
  • Author, Fidelity Law Update (ABA FSLC 2015 Mid-Winter Meeting, New York, NY).
  • Co-Author, The Computer Crime Endorsement (ABA FSLC Mid-Winter Meeting 2014, New York, NY).
  • Co-Author, Fidelity Law Update (ABA FLSC Mid-Winter Meeting 2012, New York, NY).
  • Contributor, Annotated Financial Institution Bond, (American Bar Association, 3rd ed.).
  • Co-Author, Defense of the Employee Dishonesty Claim under the FIB, Emphasizing the Effect of Loan Participation (ABA FSLC Fall Meeting 2011, Nashville, TN).
  • Co-Author, First Party Fidelity Loss – The Inventory Grab, (ABA FLSC Fall Meeting 2010, Boston, MA).
  • Fidelity Law Update (Southern Surety and Fidelity Claims Conference, 2010).
  • Co-Author, Has the Insured Satisfied the Financial Benefit Requirement Under Insuring Agreement A? (American Bar Association Fidelity & Surety Law Committee Mid-Winter Meeting, 2010).
  • Co-Author, Who Should Pay for the Bank’s Mistakes? A Discussion of Loss Causation under Insuring Agreement D and Insuring Agreement E of the Standard Form No. 24 Financial Institution Bond (Southern Surety and Fidelity Claims Conference, 2009).
  • Co-Author, Chapter VII in LOAN LOSS COVERAGE UNDER FINANCIAL INSTITUTION BONDS (Gilbert J. Schroeder & John J. Tomaine eds., 2008).
  • Tort Law – Criminal Malpractice – Criminal Defendant’s Ability to Sue His Defense Attorney for Legal Malpractice, 70 TENN. L. REV. 905 (2003).

Representative Cases

  • Hale v. Travelers Casualty and Surety Company of America, 661 Fed. App’x 345 (6th Cir. 2016)
  • Worthington Fed. Bank v. Everest Nat’l Ins. Co, 110 F. Supp. 3d 1211 (N.D. Ala. 2015)
  • Federal Deposit Insurance Corporation, as receiver for Neighborhood Community Bank v. The Cincinnati Insurance Companies, Inc., 981 F. Supp. 2d 1324 (N.D. Ga 2013)
  • Davis, et al. v. BancInsure, Inc, 2013 WL 1223696 (N.D. Ga. Mar. 20, 2013)
  • Associated Industries Ins. Co. v. Brad Williams, LLC et al., 2018 WL 2308767 (S.D. Miss. May 21, 2018)
  • Forcht Bank, N.A. v. BancInsure, Inc., 514 Fed. App’x 586 (6th Cir. 2013)


  • Speaker, FSLC Mid-Winter Meeting (New York, NY), 2020
  • Speaker, FSLC Fall Meeting (Boston, MA), 2019
  • Speaker, TIPS Annual Meeting (New York, NY), 2019
  • Speaker, FSLC Mid-Winter Meeting (Washington, DC), 2018
  • Co-Chair, FSLC Fall Meeting (Philadelphia, PA), 2018
  • Speaker, FSLC Fall Meeting (Boston, MA), 2017
  • Speaker, FSLC Fall Meeting (Washington, DC), 2015
  • Speaker, ABA FSLC Mid-Winter Meeting (New York, NY), 2015
  • Speaker, ABA FSLC Fall Meeting (Philadelphia, PA), 2014
  • Speaker, ABA FSLC Mid-Winter Meeting (New York, NY), 2014
  • Co-Chair, ABA FSLC Fall Meeting (Hartford, CT), 2012
  • Speaker, ABA FSLC Mid-Winter Meeting (New York, NY), 2012
  • Speaker, Fidelity Law Association Annual Conference (Nashville, TN), 2011
  • Speaker, ABA FSLC Fall Meeting (Boston, MA), 2010
  • Speaker, Southern Surety and Fidelity Claims Conference (Charleston, SC), 2010
  • Speaker, ABA FSLC Mid-Winter Meeting (San Francisco, CA), 2010
  • Speaker, Southern Surety and Fidelity Claims Conference (Clearwater, FL), 2009
  • Speaker, Fidelity and Surety Law Committee Meeting (Orlando, FL), 2007

Professional Associations & Memberships

  • American Bar Association
  • Tennessee Bar Association
  • Nashville Bar Association