| drcoastline |
09-01-2015 03:17 AM |
Quote:
Originally Posted by GDNF2ET
(Post 8775579)
I have the proper licensing and liability insurance, although my insurance isn't with the same company now.... I have never made a claim, and the cost remain the same... $495 year ..
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There are two types of commercial liability insurance. "Claims made" and "per occurrence".
Claims made means the insurer you have at the time the "claim is made" will respond and come to your defense. In all likely hood you do not have this coverage. This usually involves professional exposures; Doctors, lawyers, insurance agents, realtors, etc.
Per occurrence means the insurance policy that was in effect at the time of the "occurrence". The insurer you had at the time "the nail went through the pipe". This is most often what "trades" people carry.
There is a better than 90% chance you are covered covered so long as you didn't have a claims made policy and you didn't have a lapse in coverage. It's highly unlikely you did have a claims made policy being in the construction business. The only other variable is, is the insurance company that insured you at the time is still in business.
Since the occurrence was seven years ago you hopefully still have your declarations page as proof of coverage if you maintain your documents per IRS code. If not very good chance the agent still has the Dec page. Generally speaking agents must maintain client files a minimum seven years. Go to whomever your agent was and file a claim so you have coverage. Do not delay that could be grounds to deny your claim. Since the occurrence was seven years ago and you are not with that carrier any longer they will want to find a way to not cover the claim. The only viable denial is failure to promptly notify the carrier of the occurrence. So get to the agent immediately and get the claim it on record. Get a copy of the loss notice with the dates and claim number for your file and a copy of the declarations page and the carrier claims department contact information Since you are not with that carrier any longer you should not have any issues with your rates changing.
Since you have done work for this person on what seems to be a more or regular basis this could be a good client??? so you need to tread lightly if you wish to keep doing work for this client. I am gathering you are a finish carpenter? You only do the trim work? If so there is some area in which to defer liability. If you are the finish guy and the walls were already rocked when you got there how would you know if the proper plates were installed? In my area that is the plumbers job for pipes and the electricians job for wiring. It's their responsibility to protect their work.
If your carrier does come to your defense and there isn't any reason it shouldn't let them decide who is responsible to go after that's what they are there for and what you paid premium for. This really isn't that big of a deal. Don't sweat it.
Feel free to send an email if you need any advice I am 30 years in commercial insurance, 20 year Real Estate Broker and Developer. I am NOT an attorney thank god.
Good luck.
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