[PLUG-TALK] Re: professional liability insurance

gepr at tempusdictum.com gepr at tempusdictum.com
Wed Jun 2 20:10:07 UTC 2004


Keith Lofstrom writes:
 > Unfortunately, it is expensive and it gets more expensive over time.
 > That is, the longer you keep the policy the more it costs.  Be sure 
 > to make sure it has a long "tail" - your liability does not cease 
 > after you close your business.  My wife the doctor pays 20x that; 
 > if she were an OB/GYN she would pay 50-200x that.  Lawyers smell
 > money, and they preferentially attack people/organizations with 
 > money or good insurance.  
 > 
 > More important than insurance is a lawyer who can find those clever
 > little phrases in contracts that are a license to sue, and fix them.
 > "Strike these three words, or walk" is something I've heard more than
 > once from my lawyers.  You should not be held responsible for what
 > your client does with your work.
 > 
 > The other important factor is to stay away from litigious neurotics. 
 > You lose some contracts that way,  but there are plenty of good people
 > out there who need your talents.  Look harder and more intelligently
 > for contracts.  Why enrich jerks and poison your working hours?  

Yep, my normal tack is exactly parallel to yours.  But, someone new
in my clients' contracts department is choosing to be conservative
w.r.t. the insurance requirements, whereas their predecessor chose
to be liberal and waive the insurance req. for my particular project.

I doubt there's much risk of litigation from this client; but, it
seems to me that holding the policy is tantamount to _asking_ to 
be sued.  In my case, my company has few assets; and although the
plaintiff might be able to pierce the corporate veil and come after
my personal assets, I don't have much, either.... just alot of debt
and a pick-up truck.... and some books. [grin]

But, signing up for this insurance will provide lots of money to 
a potential plaintiff('s lawyers).

 > I run bareback.  If I get sued, I lose my assets.  If the aftermath
 > is onerous enough, I leave the country.  That is just the way it is
 > in a country that celebrates punishment, that is united in the belief
 > that if we beat up on somebody (Repubs/Demos/Gays/Rich/Moslems/Xians)
 > enough, we will become angels.  Oh well, at least it is in court rather
 > than with paramilitary goon squads.

Well, it's easy to suggest that litigous and info- violence (like
slander, libel, and defamation) are somehow better or more acceptable
than physical violence and coercion, I'm not sure I believe it.

I often find myself in the position of wishing I could cut through all
the B.S. and just _fight_ someone... like in board rooms where pompous
jerk #1 tries to be alpha male with sarcasm (Mr. MBA), pompous jerk #2
tries to do it by continually raising his voice (Mr. Business), and
pompous jerk #3 tries to do it by being enigmatic and hermeneutic
(computer people, scientists).

If I could just challenge them to duels, my life would be much simpler.
And then when it got complicated, I'd either live through it or die,
putting a maximum cap on the complicatedness of life.

Anyway, it's a bit depressing how few responses I got from that ping.
I suppose most of the people on here don't need this type of insurance.
And that means that my client is a large bureaucracy and I'm paying 
for the privilege of working for them. [sigh]

-- 
glen e. p. ropella              =><=                           Hail Eris!
H: 503.630.4505                              http://www.ropella.net/~gepr
M: 971.219.3846                               http://www.tempusdictum.com





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