NY AMC law. See page 5 about indemnification.

[DWiley]

Danny also agreed you should show these clauses to your E & O provider. You need to know if they effect your E & O and how. The clauses vary and so do E & O policies.

Yes, I do agree that getting clarification from experts is a good idea.

When I was at the AMC, there was an appraiser who, distracted while taking comp photos, ran into another car. He called and wanted to know what the AMC was going to do to help him out. Personally, I was a little surprised that he expected the AMC to pony up money to cover something that he did. It was our Legal team that reached out to him and explained that is what the indemnification clause in our agreement meant. He was responsible for what he did - not the AMC.

 

[Jim Scholl]

Yes, I do agree that getting clarification from experts is a good idea.

When I was at the AMC, there was an appraiser who, distracted while taking comp photos, ran into another car. He called and wanted to know what the AMC was going to do to help him out. Personally, I was a little surprised that he expected the AMC to pony up money to cover something that he did. It was our Legal team that reached out to him and explained that is what the indemnification clause in our agreement meant. He was responsible for what he did - not the AMC.

Danny you are not the expert I had in mind. I am asking the appraisers to show these indemnification clauses to their E & O providers. As I am sure you know E & O does not cover everything and appraisers need to know what impact theses clauses may have on their coverage.

 

[DWiley]

Danny you are not the expert I had in mind. I am asking the appraisers to show these indemnification clauses to their E & O providers. As I am sure you know E & O does not cover everything and appraisers need to know what impact theses clauses may have on their coverage.

My intent was not to provide the expert opinion. It was merely to provide an example where an appraiser did not understand the clause and could have benefitted from some help.

As you now say, and as I pointed out when you first suggested that E&O made indemnification clauses unnecessary, E&O does not cover everything. It would not apply, for example, in the case that I cited. I have found that many appraisers do not carry good insurance (proper auto insurance, general liability, etc.). So, the more expert advice they can get, the better.

Even if E&O is not applicable in a given situation, I have found that the legal folks at the E&O companies are usually willing to assist in understanding potential work agreements.