Errors and Omissions Insurance?

Subject: Errors and Omissions Insurance?
From: Geoff Hart <ghart -at- videotron -dot- ca>
To: "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Mon, 20 Sep 2004 17:33:17 -0400


Michele Davis wondered: <<I Incorporated as an S-Corp on January 01, 2003. I've never been sued, and I've never been asked by a client to have general liability insurance, until now.>>

For such things, always consult a lawyer. Liability varies among legal jurisdictions, and only a lawyer can tell you what is appropriate in yours; speaking of which, your standard contract should define which jurisdiction the contract will be adjudicated in.

It's sometimes possible to add a clause to your contract that protects you from most forms of legal liability, thereby greatly lowering the cost when you do purchase the insurance. In layman's language: "The client recognizes that the writer/editor/whatever is not a technical expert in this domain, and agrees to accept full legal responsibility for confirming the correctness and adequacy of the written material." Your lawyer can word this correctly, but the key is to shift the liability to where it belongs: to the client, since they're the only ones sufficiently expert to perform quality control on what you write.

<<So, I called my insurance agent. I didn't understand his explanation about liability insurance, but then he told me I needed error and omissions insurance IN ADDITION to the liability to protect myself from getting sued.>>

This may be true. My understanding is that E&O differs from liability insurance. For example, if the client prints your fine manual and discovers that you forgot to include a table of contents or index, you'd be liable for the cost of reprinting the manual. E&O insurance covers this cost, and may be more important than liability insurance if you can insert the abovementioned clause into your contract. The client cannot reasonably be expected to be as expert in communication as you are. Thus, if you make a mistake of this sort, you're responsible for fixing it.

<<As an addendum, what is a hakis?>>

A sheep's stomach stuffed with oatmeal and organ meat? <g>

<<I can't find it in any dictionaries, even my French-English one, and hakis.org doesn't give an understandable xplanation...>>

Ask your lawyer. Whatever definition you may find may not relate in any reasonable way to the legal definition.

--Geoff Hart ghart -at- videotron -dot- ca
(try geoffhart -at- mac -dot- com if you don't get a reply)


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

ROBOHELP X5: Featuring Word 2003 support, Content Management, Multi-Author
support, PDF and XML support and much more!
TRY IT TODAY at http://www.macromedia.com/go/techwrl

WEBWORKS FINALDRAFT: New! Document review system for Word and FrameMaker
authors. Automatic browser-based drafts with unlimited reviewers. Full
online discussions -- no Web server needed! http://www.webworks.com/techwr-l
---
You are currently subscribed to techwr-l as:
archiver -at- techwr-l -dot- com
To unsubscribe send a blank email to leave-techwr-l-obscured -at- lists -dot- techwr-l -dot- com
Send administrative questions to ejray -at- raycomm -dot- com -dot- Visit
http://www.techwr-l.com/techwhirl/ for more resources and info.



Follow-Ups:

References:
Use of frameworks for SOX documentation: From: Lisa Wright
Errors and Omissions Insurance: From: Michele Davis

Previous by Author: How do you document error messages?
Next by Author: Product task analysis?
Previous by Thread: Errors and Omissions Insurance
Next by Thread: Re: Errors and Omissions Insurance?


What this post helpful? Share it with friends and colleagues:


Sponsored Ads