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Although I believe this is generally true, one insurance agent also told me
that "if someone is mad enough to sue, they are mad enough to sue everyone
down the line, whether or not you've got deep pockets."
Part of what my liability insurance coverage provides is paying for defense
against such a case, not just damages.
I hope I never have to find out the hard way if we're wrong!
Barb
-----Original Message-----
From: bounce-techwr-l-199665 -at- lists -dot- techwr-l -dot- com
[mailto:bounce-techwr-l-199665 -at- lists -dot- techwr-l -dot- com] On Behalf Of Gene Kim-Eng
Sent: Wednesday, May 04, 2005 4:31 PM
To: TECHWR-L
Subject: Re: Liability Insurance
<snip>
I'm not an attorney, so verify this next part, but here's my understanding
as a manager who employs contractors from time to time...
The bottom line is, if your contract says you are doing "work for hire"
and the company retains ownership of what you produce, they are also
retaining the liability, the same as if you were a direct employee. If you
examine the details of any company's 1099 contract, you will see a clause
that states the client will pay the contractor upon the acceptance of
deliverables that meet the client's requirements and specifications.
Once they pay you, they've accepted your work. Any company that thinks a
potential plaintiff will not sue them for products or documents they deliver
with their name on them just because they were able to coerce you into
signing some document or buying insurance is deluding itself, because
potential plaintiffs haven't signed anything that restricts their right to
sue anyone they choose, and it is unlikely that you will be the one with the
deepest pockets they can go after.
</snip>
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