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E&O Insurance

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For me, E&O is no different than health insurance. You NEVER want to have to use it, but when you need it, you'll be thanking god it's there.....I'm lucky, never been sued ::knocking wood right now:: and hopefully never will, but knowing that it's there gives me an extra measure of security. As far as getting sued just cause it's there.....Yes, a lot of E&O companies will rush to settle the suit quicky, and get it done with, but If someone is pissed, and wants to sue, they will do it regardless if you have E&O or not.

To make the long story short, Carry E&O.
 
Its my understanding if youre company is set up as a LLC in the laws eyes you are no longer an individual but a LLC and can NOT be sued personally. Only your LLC can be touched which is the whole point. Any lawyers or legal experts know for sure here??
 
LLC;

Particularly, the LLC provides the protection from Liability of a corporation without the formalities of corporate minutes; by laws; directors; and shareholders. In contrast to corporate law, which allows shareholders and officers to be "Individually" sued if the corporate formalities are not followed, the LLC law specifically bars a lawsuit against a member for the liabilities of the LLC. That is an important distiction which you should understand. The principle shareholders and officers of a corporation are routinely named as defendents in a law suit against the company-forcing them to incur attorney's fees to defend themselves and rendering the corporate shield meaningless from a practical standpoint.

A primary goal of the LLC legislation was to change this result by clearly stating that the members and the managers of the LLC could not be named in a lawsuit against the company. The new law was drawn specifically to provide a vehicle which would protect the owners from liability associated with the business-what the corporation was intended for but no longer accomplished.

From the world of Snowglobonics :mrgreen:

:ph34r:

PS: adding an E & O Policy adds to your protection, it does not invite lawsuits, for as you can see you also posess the opportunity to sue the corporation (Lender) and all it's officer's - should the thrill elate you B)
 
Originally posted by Rich Heyn@Aug 30 2003, 01:10 PM
LLC's don't sign the appraisal report. The individual appraiser does.
So what? The Corporation was hired not the employee. With rare exception you don't see Corp. employees getting sued.

It will vary from state to state and with the individual situation. My lawyer told me when he set up my S Corp that it would be virtually impossible to sue me personally. AS LONG as I clearly was working as an employee of my corporation. And as long as I kept a distinct line between Corp. and personal finances.

As for E&O that will probably vary with the state laws too. But as he stated. If the Corporation only has assets of 5 or 6 thousand dollars no lawyer will take on the case because he knows he will never get paid regardless of the amount of the award. You can not get blood out of a turnip.
 
My understanding is that a licensed professional is responsible individually for their actions. That is why doctors and lawyers need malpractice insurance even though they may work for a LLC or corporation.

A LLC could be of benefit in the situation where a number of appraisers have banded together to form an appraisal company. If one of them were to be sued over an appraisal the individual appraiser that signed the report and the LLC could be named as defendants but the remaining members of the LLC, as individuals, would be protected.

I am not a lawyer. That is just the way I understand it. I imagine that it could vary from state to state too. It is probably worth the $200 or so that it would cost to discuss this with an attorney in your area who specializes in business entities and asset protection. I certainly wouldn’t assume that I was protected by an LLC or any other business structure.

Bruce
 
Deep pockets-that indeed a reason to sue. "You can't get blood out of a turnip" does make sense. E & O coverage gives you the magic allure of deep pockets-might as well cover yourself in honey while camping in griz country.

E & O may well be helpful, so why don't we put on our turnip suits & secretly get E & O. Then, purposefully decline work for entities that require E & O?
 
I know of a appraiser who had a lawyer contact him about a property that went into foreclosure, the attorney ask if he had E&O and he said NO. The attorney did not contact him anymore, I guess the law office did not see or could not see what they could sue for. I believe if he would have had E&O he would have been taken for what ever the lawyer could get from his insurance and then he would have to answer yes to all applications concerning future business. One application for E&O ask if you have been involved in the last 10 years in any lawsuits or claims. He can honestly answer no, and most lenders want to know the same information. I am still inclined to purchase the insurance just wanted to hear the voice of the forum
 
The one time in my life that I did not buy insurance for a new business venture (at the advise of a lawyer, he said; "wait, you don't need it yet"). I was sued for $400,000,000.00. Five years in court, a total cost of over 2M in legal fee's to just prove that we had the rights to the invention. I will be making my last payment to my (new) lawyer 8 years later. It _ _ _ near broke me.

Protection, Protection, Protection. Thats the name of the game. You may never need it, but when you do, you do.

Just my thinking.

Ray Miller
 
If you are any type of corp. and you buy insurance for just the corp. you are not covered as a privite person who signs the report. You want to be sure you are listed as an additional insured. Same thing if you R Miller doing business as ABC Company. You want both names on the insurance policy.

When I was sued. My corp. was sued and I was sued, my manufacture was sued and AT&T Capital was sued. We each had to have different lawyers. My corp. lawyer could not represent me, nor could my personal lawyer represent the corp. Hence all the high legal fee's. this case was both in several state courts and the Federal Court system. They hit us with everything they could and any where they could.

When bing sued they will list, name, any one who had anything to do with what ever they are sueing for.

One more tip of advise on insurance. Another hard lesson learned. If you use you Car/SUV/Truck in your business. You had better check and besure that if you are in an accident you are covered. Most personal auto insurance policy exclude, you using your car in business. Hence if you have an accidnet while out looking at property and the insurance Co. finds out. You are with out coverage.

I carry commercial auto insurance. The kicker here is that they generlly insurance you for a range of miles away from your office. Fifty miles, hundred miles, two hundred miles, statewide, out of state. If you are out side of your range. You are not covered. Like drive your business car to an out of state convention or CE class. So be sure to check the fine print.

By the way the Insurance covers me any where in North America.

Something else I carry is an Inland Marine policy for my equiptment, in the office and in the field. I also carry a General Libility policy for any thing else that could go wrong out in the field. Some one claims that something is missing from there home, after you have been there, you have made approaches to the female of the home, when only you and her were in the home alone. You fall and destory a Vase or painting or something.

Again you may never need the insurance, but when you do you had better have it. Because once the legal filings start, you had better be able to pay the lawyer to defend and answer. Right or Wrong. Because if you don't answer the filing, you will find your self with a defalt judgement. Thats when the Fat Lady has had her chance to sing. Sing she will.

Corps. don't really protect you. If you are using it as a shell, to protect you assets.
 
Ray

I noted that your Co. listing is in the form of an LLC; Why ??

why would you bother to go the LLC route if there's no protection ?

It's my understanding that the LLC legislation was written to offer you protection, does your state law alter that concept ?

Perhaps, we should all look into a Delaware; Arizona; or Nevada Corp.-seems there's some law's there that offer greater protection, is that why a lot of corporation's are formed there :question:

Just Curious

B)
 
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