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Hypothetical question (kinda):
Boss refuses to carry E & O insurance. You are the primary license for the company. Boss wants you to prepare an exhibit plan and sign an affidavit(stating surveyed location for encroaching utilities) for land dispute case.
Your response?
-V
Refuse to sign it.
I would not work for someone that did not carry E&O if I was expected to sign surveys. It's one thing to not carry it if you own a company and are the only surveyor in charge.
Crazy
Paying the attorneys fees and legal costs for one lawsuit would pay the premiums for E&O insurance for years--and that's if you win.
Is your Boss Licensed? If he his have him sign it. Also why arent you worried about the other surveys you signed? Any of those could go to court as well.
LOL, I am a sole proprietor and I carry E&O. I believe, as one of our past State Society Presidents once said, "we are not protecting our clients to the best of our ability if we do not carry E&O insurance."
Dtp
Boss is not licensed?
You should insist on E&O! End of story.
I also believe everyone (or firm) offering professional services should have to demonstrate financial responsibility. This can be through insurance (E&O, general liability, etc), irrevocable line of credit, assignment of assets, or whatever. If you don't demonstrate financial responsibility you should not be able to offer services.
These are the answers I needed.
Myself and our PE are gathering ammunition.
Thank you.
-V
run
I'm surprised a firm can be licensed to practice without E&O, my wife's insurance agency can't.
> run
That is what this grasshopper has done in the past, and dollars to donuts he'll do it again if that decision fits the circumstances.
Being a boss, owner, or something whatever else you call yourself does not make one smarter. When that same boss, owner or whatever starts using his staff to best further his goals.... like you said... run.
Then become his fiercest competitor and steal all his clients on your way out the door. Likely a similar scenario that got him in business in the first place. Full circle 😉
> "we are not protecting our clients to the best of our ability if we do not carry E&O insurance."
I've seen this statement before, but I consider it little more than insurance industry spin. It reflects a paternalistic view that doesn't square with the real world, at least the one I inhabit.
I offer professional services, and do my best to comport with the standard of practice or better. I want my clients to benefit from my services, and with my less-sophisticated clients I'll go out of my way to make sure they understand what they're getting into. But there are only two reasons I carry E&O: to protect my own assets, and to be eligible for contracts that require it. Protection of my clients doesn't enter into the equation.
This has been an ongoing issue between our boss, and the licensees (myself and our PE). The pot is close to boiling over.
-V
That great American philosopher, Nancy Reagan said it most elegantly, "Just say no."
I would never sign work for a company that didn't have E&O Insurance. What a cheapskate. I carry my own policy for work I do at night and on weekends, and it doesn't even cost that much. I think it's absolutely crazy not to have it.
Why not sign "for and on behalf of company x"? Maybe have boss sign a waiver to sue you for any professional error.
You cannot disclaim yourself out of liability.
The things bosses will try to get you to do:-(
Many, many, years ago I was the LS of record for hundreds of surveys at a company and was indeed covered by E&O but learned later... it only protected me while I was his employee and he kept the premiums paid. READ THE FINE PRINT FOR YOURSELF.... do not take his word for it. It is your license and your financial welfare you are protecting after all.
Another boss leaned on me to sign a very large ALTA survey (nursing home) for his buddy who was licensed in a neighbor state and hadn't yet got his license in Missouri. Of course, I would be paid to "review" what he had done. I simply said to him.... no can do. He went away.
Good Luck
I have been in beeness since 1989 and just got E and O last month. Don't screw up and you don't need it:-O