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Re: Side Work

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You might want to have your boss check with your company's E&O insurance provider to see what they say.  I honestly do not know if it would be an issue or not, but they likely can say whether or not it would be at least from the professional liability insurance point of view.  It could be a function of how your company's E&O insurance is set up.  Since professional liability issues are a personal liability, there is a good chance that any work that you do on your own would still be covered by your company's E&O insurance as I understand things.  This is why you should have your boss check with the insurance carrier.

Now, beyond that, as Jim noted, anyone can always be named in a lawsuit.  Thus, no matter what you do, your company could always be named in a lawsuit if there is a problem.  If that happened, it could likely be easily shown that they should not be a party to the lawsuit and they would likely be dropped at some point.  But, they likely would still incur some expense until that happened.  I would believe that it is possible that they could be indemnified by your client(s), but this is really a question for a lawyer (I only pay one on TeeVee <grin>).



On Feb 3, 2011, at 8:39 AM, Timothy Hilton wrote:

Thanks gentlemen,
I was leaning towards registering a new entity, and I will be obtaining a Colorado license with my own funds, so that's not a problem. 
I would definitely talk to a lawyer before moving forward, but I don't know any who practice this type of law at the moment, so I'm looking for free "preliminary" council. 
Would it hold any weight if I had my clients (at this point my plan is that my only client would be my brother) sign something specifically indemnifying my full time firm back in North Carolina?
Thanks again,


On Thu, Feb 3, 2011 at 7:29 AM, Jim Getaz <jgetaz(--nospam--at)> wrote:
                If you already have a Colorado license paid for by your employer, after you set up the separate entity mentioned by Conrad, reimburse your employer from that entity’s funds.
                And your employer can always be named in a lawsuit. Even if that firm is later removed from the suit, the insurance will pay for it. So you may want to prepare for that.
        Jim Getaz