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11635Re: [infoguys-list] Re: Los Angeles, CA

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  • Glad4JC@aol.com
    Dec 2, 2007
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      Sue,

      I am reading backwards so I am playing catch up. But that sounds right to
      me, so if you can tip me off who will hire an uninsured person. I am probably
      going to get E & O with liability by year end, but in the mean time, I would
      gladly take work from insurance cos who would hire me, I didn't think any
      would so I never inquired. Obviously I would rather have it, and I agree, if I
      am in my car and some accident occurs it is business as usual, I pay for car
      insurance for that.

      I will read back and see what is going on in the conversation.


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      In a message dated 12/2/2007 5:39:32 P.M. Pacific Standard Time,
      suesarkis@... writes:




      Folks -

      Let me give you my understanding of insurance the way I believe it to be.
      Having just gotten off the telephone with an attorney to make certain I
      wasn't
      losing my mind, I feel confident.

      The majority of subbed cases go to sole-proprietors. Sole proprietors
      cannot get W/C insurance. Even if they have E&O as well as liability
      coverage,
      none of those policies will cover him/her if injured on the job. Now,
      whether
      or not you the CONTRACTOR will be responsible versus the CONTRACTEE has many
      issues to consider including direct/indirect control, who demands what hours
      are worked, who supplies the equipment, etc., etc., etc. Bottom line, if I
      am a contractee working for you the contractor and I get injured in a
      vehicular accident while conducting a surveillance, I better just keep my
      mouth shut
      and contact my motor vehicle ins. carrier just as I would in any other
      accident. Same holds true for all other issues.

      If, on the other hand, you subcontract to a company whereby the contractee
      has employees, just by the definition of the beast, he/she has W/C coverage
      for
      the employees. If not, they are not employees and they are all violating
      the law in any of the states that require licensure.

      Upon the advice of numerous counsel, I have been bare since the mid to late
      '80's. Long story about a 10 mil lawsuit but when all was said and done and
      the jury awarded me a "special verdict" my attorney advised I drop all
      insurance. If you don't want to use my services because of same, be my
      guest.
      That leaves that much more of me for my other clients. However, don't think
      for one second that you cannot get insurance work without coverage as I am
      handling 2 different insurance cases right now and both carriers know full
      well I
      am not covered.

      Unless one of the insurance agents come and push me in front of a moving
      vehicle, anything that happens to me is brought about by my own actions and
      why
      would I sue anyone?

      One other issue to cover is the fact that NO insurance policy will cover
      intentional illegal acts. So, if you think that just because I, the
      CONTRACTEE,
      have E&O or Liability coverage that you, the CONTRACTOR, are protected
      should I unlawfully obtain bank account information or commit some other
      invasion
      violation or any other unscrupulous act, I still have that bridge for sale.
      Sorry, it will fall right back in your lap since you hired me.

      Insurance coverage is NOT what it is cracked up to be. Keep your nose clean
      and perform your assignment to the very best of your ability and you will
      walk away a winner. Trust me, when that frivolous lawsuit is filed and your
      insurance company wants to make a "nuisance settlement offer" if you have
      any
      pride whatsoever as well as concern for your license, you will "hold them
      harmless" and tell them to take a hike. You will wind up handling the case
      yourself anyway.


      Sincerely yours,
      Sue
      ________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
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