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Re: Job place indemnification

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>From my understanding, it is important to distiguish between those that
actually seal the drawings and those that may work on the drawings (under
direct supervision).  It is also important to realize that companies don't
seal drawings, individuals do.

Next, it is important to draw distictions between potential civil
liability (i.e. you get sued), potential criminal liability, and
licensure sanctions.  To my understanding, _NO_ idemnification can protect
your license.  If you screw up, whether you are covered by E&O insurance
will not protect/help you with PE Board actions.

Now, as Paul pointed out, it is my understanding that typical E&O
insurance policies will cover employees that do the work (under direct
supervision) with/for the engineer that seals the drawings.  If you are
sealing the drawings, however, you had better make sure that you are
covered by E&O insurance (either your company's or your own) if you don't
want to be "exposed".  Some policies require you to be "named", while
others cover all licensed individuals whether named or not (at least to my
knowledge).

Paul's advice is good...if you are sealing documents for your company,
then you should make sure that you are named on the policy.  And he is on
point (to my knowledge) as to whether or not you can personally be named
is highly dependant on the specific state, etc.

Regards,

Scott
Adrian, MI

On Wed, 19 May 2004, Paul Feather wrote:

> Our insurance covers all employees providing professional services as part
> of their employment.  Additionally the principals, those who sign the
> documents, are individually named on the policy.  This is a typical policy.
>
> Technically as an employee you cannot be named individually in a suit
> against the company for professional acts unless you are sealing the work.
> Now, with that said, there are all kinds of differences in State laws,
> different employment arrangements, and so on.  You can always be named
> individually in a Civil action (sexual harassment or some such).
>
> I am amazed when I see non-principal engineers sealing documents.  Sealing
> documents is not prestige, it is liability.  If you are sealing documents
> you should verify that you are a named insured under your company policy.
> Also, Professional
>
> What type of entity do you work for? Is it a proprietorship, a partnership,
> a corporation, LLC, LLP?  If you are concerned, ask to see the company
> insurance policy.
>
> Paul Feather PE, SE
> pfeather(--nospam--at)SE-Solutions.net
> www.SE-Solutions.net
> ----- Original Message -----
> From: "Rand Holtham, P.E." <rand(--nospam--at)sigmaengineers.com>
> To: <seaint(--nospam--at)seaint.org>
> Sent: Wednesday, May 19, 2004 8:08 AM
> Subject: Job place indemnification
>
>
> > How are others protected if a claim arises and a suit names your employer
> > (the company you work for not the person) and you personally. Professional
> > liability will protect the company. Does anyone have a contract with there
> > employer to indemnify them or is anyone personally named as insured on the
> > company's prof liability insurance. Is this a real concern or am I being
> > paranoid (Wait! did you here that? I think it was a lawyer coming). Ok so
> I
> > am paranoid should I be concerned?
> >
> > Rand
> >
> >
> >
> >
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