Professional Licenses

Well this has gone way off topic so apologies to the OP for keeping it going :D

I looked at whether to have insurance from the outset and soon realised I thought i did. Tony your opinion is that you can just finance things as they happen and save on the cost of insurance. When I started 3 years ago(i'm mostly residential) I quickly realised I would sleep better at night if I had insurance. I had two calls to older style houses that were owned by an antiques dealer and a ex professional photographer. I carry a fairly bulky bag like most do on here and could hardly move in the antiques dealers house with clipping some item standing on the floor or on a table. I don't suppose they were worth a fantastic amount but nevertheless it would have cost me some money if I damaged something by knocking them over. The photographer had a camera worth £24000 right next to the computer I was fixing. Accidents happen and I don't have that sort of money anywhere other than in the value of my house. Only yesterday I was going down a narrow staircase in a 500 year old house with my bag, a netbook, Ipad etc and tripped just catching myself onto the rail with my forearm. What if I didn't and landed on someone/something at the bottom of the stairs? Over here a sole trader risks his assets as they are not limited to the company(it's all one pot). I also don't earn anywhere near the money to replace something worth say £5000.

Professional liability.

What if I did something that put a company out of business for a few days? I know you say you have never heard of that sort of thing being claimed from a business but in theory it could. I don't personally know of anyone struck by lightning but you never know. My insurance costs me about £300 per year, it's tax deductible and I think it adds to my professionalism. As I said I sleep better at night. I think people who have been running businesses for a long time have more clout financially and can take the risk, for people like me who are late to running a business and just really created a job for themselves a claim is game over, I don't want my retirement savings going.

Martyn,

If a man sleeps well because of his insurance policy then good for him. If he doesn't need those resources for something more productive that is great. WE live in a society where the filty rich have scared the socks of of most of us so you are a sign of the times.....you've been convinced you cannot go through life with any risk. although it is an illusion to think you mitigated much risk with your policy.

You describe an accident or slip and fall which would not likely be charged to you but to the building owner, however unlikely. But even then your liability couldn't be more than the amount you were to earn that day. Even as a contractor coming in you are a type of employee. When is the last time you sued your employee for damaging something?

I think it bad advice to make new start ups believe they have some risk and have to pay resources they are low on to buy insurance when actually they have next to no risk of liability.

Unlike most people who talk about this subject I have discussed this issue thoroughly with attorneys on more than one occasion both as a S.B.A. consultant who consulted many small companies and as an owner.

One last question....if a man has a $38,000 Camera and he does not protect it, or insure it himself, who's fault is it if it gets damaged? I think you are assuming it would be you when in fact most of the obligation to protect his camera falls with him.

Solicitor would say "Do you have insurance on that extremely expensive camera?" NO? "What actions did you take to protect that extremely expensive camera when you had workers come to the house?" Nothing?

Your honor I move to dismiss this case on the grounds that the plaintiff doesn't meet his obligations of responsibility and due diligence.

Now if you borrowed your neighbors Camera to take photos with and you removed it from his possession/home and damaged it, even as only a friend you can and are responsible to bring it back in the same condition as to which you took it. Also as a business person if you take any property off site to work on, that is where you become responsible if a tornado picks it up and send it to Texas or any act of god.... When you take possession of a thing business or personal you are responsible to keep it in good shape. The good news if you have home owners insurance they will treat the borrowed friends property as if it were yours and pay out minus limitations and deductions from your home owners policy. In the case of business loss you would need a business loss policy. Most people really do not understand the law. Moral of the story do not remove from the clients premise anything you cannot afford to replace.

So if you want to talk about mal-practise and data loss we are protected here in the USA as well simply by being small independent contractors or small IT shops. Data loss case has already gone to the Supreme Court of the USA and found it is ultimately the responsibility of the owner of data to protect their data.
 
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I'm not aware of any licence requirements for running our type of business here in the UK.

Not sure how a thread about professional licences ended up being primarily about insurance but to add my bit...
I'm with Martyn on this one.
I literally this week got PL, PI and 'stock' insurance.
Reasons:
1. I sleep better at night
2. I mostly wanted to insure clients' machines when they are left on my premises but this for some reason comes under the heading of 'Stock' and is not available as a separate stand-alone policy.
3. On some business sites, they won't let anyone work who isn't insured.
4. It sounds professional, especially when dealing with business clients.
 
I think there are all sorts of opinions as to whether insurance is worth it or not based on what your actual liability is. But let's face it - here in the US we live in a litigation-happy climate. If your damages are going to be in small claims court (under $5,000) then maybe it doesn't make sense to have insurance. If you are going to be working with businesses that can try to nail you for more damages, then you need to be carrying insurance. Notice I said "try" to nail you for more. It doesn't matter if at the end of the day you know you won't be held liable. You will still pay for defending yourself unless you have insurance. Oh, you'll cover your expenses by counter-suing? That costs time and money too. Even if you do get a judgement for expenses, they don't collect. You try to. If they don't feel they should pay I guess you can take them to court... again. And again. I'd much rather file a claim with my insurance and be done with it. Furthermore, insurance is for those things that you don't expect. Of course you will never expect to make a mistake or kill your customers' data. But the game changes when you have employees whose actions you are responsible for. I had one employee that developed sticky fingers and I discovered that every client I sent him to started missing their Windows and Office CDs and serials. I can only assume he was selling on ebay or something? The point is you never know what someone else is going to do. I personally have not been sued but in 3 separate instances I was very happy to know that I was covered. I have also had at least 3 customers sign very large managed services contracts and need me to provide proof of insurance and specifically identify their business as "Additional Insured" on our policy. All this was for a 3-man shop (we have grown to a mighty 5-man shop now that we have some part-timers).

I'm not saying that everyone should have business insurance but in general it's my opinion that you should if:
-you have property that needs to be insured
-you have employees
-you have/want larger business contracts
-you don't have the money to finance frivolous lawsuits that might come against you

As to the argument that no computer shop gets sued beyond the price of the repair, here's one being sued by a state Attorney General. They are seeking not only restitution but civil penalties which would definitely be more than just the cost of the repairs. http://www.ohioattorneygeneral.gov/...ney-General-DeWine-Sues-Owner-of-Southwest-Oh
 
btw - an interesting story about a business colleague of mine. He was in business manufacturing a product that a very large prominent company thought was infringing on their patents. Turns out it wasn't and he was able (barely) to continue making his product. He tried to counter-sue for damages but that went nowhere. He changed lawyers a few times until one of them looked at his case and said - didn't you have insurance when you were sued by this large company? "Of course I did" he said. "But they wouldn't do anything for me". The lawyer told him that the insurance company should have stepped up to bat and they were the ones they needed to be suing. So they did. 2.3M awarded and he retired last year and I lost a good customer (he sold his business as soon as he retired). Insurance covers more than just mistakes that you might make.
 
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Martyn,

Based on Forbes you guys are way under insured. I think they want to sell you some more insurance.


http://www.forbes.com/sites/thesba/...insurance-a-small-business-owner-should-have/


Well this has gone way off topic so apologies to the OP for keeping it going :D

I looked at whether to have insurance from the outset and soon realised I thought i did. Tony your opinion is that you can just finance things as they happen and save on the cost of insurance. When I started 3 years ago(i'm mostly residential) I quickly realised I would sleep better at night if I had insurance. I had two calls to older style houses that were owned by an antiques dealer and a ex professional photographer. I carry a fairly bulky bag like most do on here and could hardly move in the antiques dealers house with clipping some item standing on the floor or on a table. I don't suppose they were worth a fantastic amount but nevertheless it would have cost me some money if I damaged something by knocking them over. The photographer had a camera worth £24000 right next to the computer I was fixing. Accidents happen and I don't have that sort of money anywhere other than in the value of my house. Only yesterday I was going down a narrow staircase in a 500 year old house with my bag, a netbook, Ipad etc and tripped just catching myself onto the rail with my forearm. What if I didn't and landed on someone/something at the bottom of the stairs? Over here a sole trader risks his assets as they are not limited to the company(it's all one pot). I also don't earn anywhere near the money to replace something worth say £5000.

Professional liability.

What if I did something that put a company out of business for a few days? I know you say you have never heard of that sort of thing being claimed from a business but in theory it could. I don't personally know of anyone struck by lightning but you never know. My insurance costs me about £300 per year, it's tax deductible and I think it adds to my professionalism. As I said I sleep better at night. I think people who have been running businesses for a long time have more clout financially and can take the risk, for people like me who are late to running a business and just really created a job for themselves a claim is game over, I don't want my retirement savings going.
 
You make good points Tony but I don't want to be in court having that conversation. :) I have about 5 years left before I retire, I own my own house and have money in the bank and for the sake of £1500 of insurance I think it is worth it.
 
Can't beleive I'm keeping another train off the tracks ...

I have one client in particular. Big customer ... figured out the cost of downtime if their entire system went down.

It came to about $10k / minute.

That doesn't bother me ... unless I do something to cause it.

What happens if I do something that causes downtime and I am found to be responsible for it?

Insurance.
 
Can't beleive I'm keeping another train off the tracks ...

I have one client in particular. Big customer ... figured out the cost of downtime if their entire system went down.

It came to about $10k / minute.

That doesn't bother me ... unless I do something to cause it.

What happens if I do something that causes downtime and I am found to be responsible for it?

Insurance.

Trust me I know exactly how the "Protection Racket" works.... On the streets of NY growing up each young guy as to decide if they are a stooge and let others scare them into doing things not in their interest or not? While this is not exactly the same by degree (no one is probably going to come break your knee caps) it is exactly the same in that implied fears are exaggerated to motivate you to part with your hard earned money which may or may not prove to protect you down the line.

Show me one case where an independent or small IT shop was held responsible for such as case? Google is your friend...most court cases are online.... Lets see if you are worried about urban myth or what?
 
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You make good points Tony but I don't want to be in court having that conversation. :) I have about 5 years left before I retire, I own my own house and have money in the bank and for the sake of £1500 of insurance I think it is worth it.

I wonder, over the last 20 years, if you had spent that $2400 per year either investing it in stocks or on expanding your skills/training within IT, or advertising to build your business or optimizing to do things faster/cheaper, if you would be richer today?

BTW- I retired about 18 years ago at 47, but thanks to ex pres. G.W. Bush and Darth Vader crashing the world economy I got sucked back in....just like Micheal Coleone on the godfather. AKA godfather mock.
http://www.youtube.com/watch?v=242H7F8DKHA or
http://www.youtube.com/watch?v=2D-tlsnk4fs
 
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Trust me I know exactly how the "Protection Racket" works.... On the streets of NY growing up each young guy as to decide if they are a stooge and let others scare them into doing things not in their interest or not? While this is not exactly the same by degree (no one is probably going to come break your knee caps) it is exactly the same in that implied fears are exaggerated to motivate you to part with your hard earned money which may or may not prove to protect you down the line.

Show me one case where an independent or small IT shop was held responsible for such as case? Google is your friend...most court cases are online.... Lets see if you are worried about urban myth or what?

I posted a link where the Attorney General of Ohio is suing a small business computer shop. I do not know if they will end up losing or not but that is besides the point. Do you have links of cases where shops were sued but did not have to pay?

Beyond this line of reasoning is the fact that anyone anywhere can sue you for anything. It doesn't mean they will win but you will have to pay for it either in time, litigation, or damages (or all of the above). Insurance can mitigate all of this. Furthermore, there are multiple reasons for having insurance:

-What happens if a competitor sues you for something they think you did?
-What happens if an employee sues you for something?
-What happens if your landlord sues you for something?
-What happens if some other unforeseeable event puts you out of business?

Insurance has value in a lot of circumstances if you get the right coverage.
 
I posted a link where the Attorney General of Ohio is suing a small business computer shop. I do not know if they will end up losing or not but that is besides the point. Do you have links of cases where shops were sued but did not have to pay?

This is a perfect example of people who really do not understand what liability insurance is and is not for. "Attorney General" never gets involved with civil suit type things. The Attorney General gets involved with FRAUD, Theft, Embezzlement...... Criminal acts.

Their is no Insurance in the world that will help or cover you or pay your attorneys fees when you commit an illegal act. (well actually there is but it is a farce. It limits pay outs so strictly that it is useless. They are usually marketing schemes like prepaid dental plans).

Beyond this line of reasoning is the fact that anyone anywhere can sue you for anything. It doesn't mean they will win but you will have to pay for it either in time, litigation, or damages (or all of the above). Insurance can mitigate all of this. Furthermore, there are multiple reasons for having insurance:

Then by litigation insurance not liability insurance......I think it is wrong headed but at least you would have the correct insurance.

-What happens if a competitor sues you for something they think you did?

your not covered by liability insurance.

-What happens if an employee sues you for something?
not covered

-What happens if your landlord sues you for something?
nope still not covered.

-What happens if some other unforeseeable event puts you out of business?

you can live in disbelief/Disneyland if you like but liability insurance does not protect you against all these perils.

Insurance has value in a lot of circumstances if you get the right coverage.

This is a common illusion that some naive in society may share.

I don't know what all those shiny tools are in the garage that is why I do not tell the mechanic which tools to use to fix my car.

Please post a link to this Attn General going after a shop and we can speak about it more clearly....
 
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This is a perfect example of people who really do not understand what liability insurance is and is not for. "Attorney General" never gets involved with civil suit type things. The Attorney General gets involved with FRAUD, Theft, Embezzlement...... Criminal acts.

Their is no Insurance in the world that will help or cover you or pay your attorneys fees when you commit an illegal act. (well actually there is but it is a farce. It limits pay outs so strictly that it is useless. They are usually marketing schemes like prepaid dental plans).



Then by litigation insurance not liability insurance......I think it is wrong headed but at least you would have the correct insurance.



your not covered by liability insurance.


not covered


nope still not covered.



you can live in disbelief/Disneyland if you like but liability insurance does not protect you against all these perils.



This is a common illusion that some naive in society may share.

I don't know what all those shiny tools are in the garage that is why I do not tell the mechanic which tools to use to fix my car.

Please post a link to this Attn General going after a shop and we can speak about it more clearly....

That's funny. I don't know what kind of crappy policies you have looked at but all of those things I posted are either covered by my General Liability or Errors and Omissions policy. Rather than scan and post my exact insurance coverages, here are some exerpts from techinsurance on what the different types of insurance cover:

http://www.techinsurance.com/general-liability-insurance/
http://www.techinsurance.com/professional-liability-insurance/

Your opinion on what exact circumstances are covered may differ and that is fine. The shop in Ohio is being sued for not being clear on refund policies and also complaints of repairs not being up to par. I know we all think we're great techs but this is something that can happen to anyone. It's not because they stole data or something. I already posted the link in this thread.

Do you have a link of something or a case proving that small IT shops are not liable for any of these things? Most court cases are easily found on the Internet as you say.

I think at the end of the day each one of us needs to determine our unique circumstances and consult with our attorneys and insurance agents to determine what coverages we might need. Don't definitively trust anyone that says you need or don't need insurance based on your size or industry.
 
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Here again it is easy for people to not read things clearly. Did you read this?

Just to review what they say:
General Liability insurance covers claims of b o d i l y i n j u r y or other p h y s i c a l injury or property damage. Its Not the "what if" someone sues me for losing the pictures of grandma or taking down their server and ruining their business and costing millions of dollars.

also from the site:

"If you have only one form of business insurance, it is most likely Commercial General Liability. CGL policies cover claims in four basic categories of business liability:
Bodily Injury
Property Damage
Personal Injury (including slander or libel)
Advertising Injury(Some coverages may not be available on all policies or in all states.)"

I can control bodily injury, slander and advertising.

\"Defense Costs. Pays legal expenses for certain liability claims
Commercial General Liability ----Only Protects Against S o m e----- Business Liabilities.

Even as a BOP (Business Owner's Package), where CGL insurance is combined with Property insurance at very reasonable rates, General Liability insurance--------- does -----not-- protect your business against --- every--- liability.

You do not have what you think you have.
 
I don't get it. Why do you gloss over everything to only post what you want to see? My point is that there are other reasons it might be good to carry insurance. I never said insurance will cover everything. But I did mention some other things it will cover. Like the defense costs. Employee lawsuits. landlord issues. You claimed none of those things would be covered when in fact, here they are directly after the paragraph you posted. Did you not read far enough?

"In addition to covering the claims listed above, Commercial General Liability policies also cover the cost to defend or settle claims - even if the claims are fraudulent."

"Business Liability insurance protects your business against significant financial loss resulting from claims of injury or damage caused to others by you or your employees. (Some coverages may not be available on all policies or in all states.)

-Automatic Additional Insured.Coverage is automatically provided when required in a written contract, agreement or permit.
Personal and Advertising Injury.Covers you for certain offenses you or your employees commit in the course of your business, such as libel, slander, disparagement, or copyright infringement in your advertisements.
-Employment Practices Liability.Covers claims, including legal defense costs, for certain employment-related lawsuits brought against you by your employees or job applicants ($5,000 limit where available).
-Defense Costs. Pays legal expenses for certain liability claims brought against your business regardless of who's at fault.
-Medical Expenses. Pays the applicable medical costs if someone is injured and needs medical treatment due to an accident on your premises.
-Premises and Operations Liability.Provides coverage for bodily injury and property damage sustained by others at your premises or as a result of your business' operations.
-Tenant's Liability.Protects your business against claims of damage due to fire or other covered losses caused by you to premises that you rent."

And where are those other lawsuits to backup your assertions that nobody in our situation has ever been sued and found liable for the things that said policy would cover? Still waiting on a link since they are so easy to find on the Internet
 
This is a perfect example of people who really do not understand what liability insurance is and is not for. "Attorney General" never gets involved with civil suit type things. The Attorney General gets involved with FRAUD, Theft, Embezzlement...... Criminal acts.

Wrong. Generally AG's do not engage in civil lawsuits but, as an example, the tobacco class action suit used private firms for litigation as a proxy. I did a google search on "AG Ohio lawsuit computer repair". This was the first hit....

http://www.ohioattorneygeneral.gov/...ney-General-DeWine-Sues-Owner-of-Southwest-Oh

Their is no Insurance in the world that will help or cover you or pay your attorneys fees when you commit an illegal act. (well actually there is but it is a farce. It limits pay outs so strictly that it is useless. They are usually marketing schemes like prepaid dental plans).

Most, if not all, insurance policies state that if the insured violated laws, meaning convicted, they will not be covered. Standard boiler plate.
 
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And where are those other lawsuits to backup your assertions that nobody in our situation has ever been sued and found liable for the things that said policy would cover? Still waiting on a link since they are so easy to find on the Internet

you cannot proove a negative.

Show me one instance of an IT shop needing insurance. Because there is no way liability is going to pay insurance to protect your buddy from the attorney general.
 
Wrong. Generally AG's do not engage in civil lawsuits but, as an example, the tobacco class action suit used private firms for litigation as a proxy. I did a google search on "AG Ohio lawsuit computer repair". This was the first hit....

http://www.ohioattorneygeneral.gov/...ney-General-DeWine-Sues-Owner-of-Southwest-Oh



Most, if not all, insurance policies state that if the insured violated laws, meaning convicted, they will not be covered. Standard boiler plate.

You do understand this is a criminal case brought up under consumer fraud division of the AG? That is been my case this whole read, AG will take up criminal cases not civil.

And General Liability will not pay legal fees for any criminal defense.
 
"In addition to covering the claims listed above, Commercial General Liability policies also cover the cost to defend or settle claims - even if the claims are fraudulent."

This means if someone makes a phony or fraudulent claim against you, not that you are being pursued for a fraudulent act by AG. I think you misunderstood this or mis read it.
 
You do understand this is a criminal case brought up under consumer fraud division of the AG? That is been my case this whole read, AG will take up criminal cases not civil.

And General Liability will not pay legal fees for any criminal defense.

I think you read what you want to read. I just re-read the article and it says nothing about it being a criminal case. The complaints sound like civil complaints to me and the article even specifies that civil penalties are being sought. Please post where it says it's there are criminal charges

You also did not respond to the other various reasons to have insurance that you categorically denied would be covered. I posted documentation stating they would in fact be covered. I do not see any documentation from you proving the opposite

I'm starting to feel like you're demanding all the proof without providing any of your own. If you're going to keep making assertions perhaps it's time you be willing to back them up.
 
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