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

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  • suesarkis@aol.com
    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
    Message 1 of 24 , Dec 2, 2007
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      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
      _www.sarkispi.com_ (http://www.sarkispi.com/)

      1346 Ethel Street
      Glendale, CA 91207-1826
      818-242-2505
      818-242-9824 FAX

      "one Nation under God"

      If you can read this, thank a teacher. If you can read it in English, thank
      a military veteran !



      **************************************Check out AOL's list of 2007's hottest
      products.
      (http://money.aol.com/special/hot-products-2007?NCID=aoltop00030000000001)


      [Non-text portions of this message have been removed]
    • Glad4JC@aol.com
      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
      Message 2 of 24 , 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.


        Gladys Brierley
        Accurate Investigations
        PO BOX 872
        Newton County, Mississippi
        601-480-3181 bus
        601-683-2094 fax
        Bus License # 1499
        Glad4JC@...
        Member NAIS, ACI, IA
        _www.freewebs.com/glad4jc_ (http://www.freewebs.com/glad4jc)
        _www.myspace.com/mississippiinvestigator_
        (http://www.myspace.com/mississippiinvestigator)


        Services include but not limited to, online record searches, courier
        services, domestic-fidelity checks, employee theft, process service, witness
        interview, surveillance, specialized referrals for computer forensics, recovery &
        extractions, missing children cases. Also willing to work with teams on cold
        cases. Professional courtesy to other PI's & Attorneys . I promise to give you
        my very best efforts and safeguard client confidentiality.

        _PARENTS-AGAINST-PREDATORS : PARENTS AGAINST PREDATORS_
        (http://groups.yahoo.com/group/PARENTS-AGAINST-PREDATORS/?yguid=206815254)
        _MississippiPrivateInvestigators : MISSISSIPPI PRIVATE INVESTIGATORS_
        (http://finance.groups.yahoo.com/group/MississippiPrivateInvestigators/?yguid=8099974
        )

        _Find me on MySpace and be my friend!_
        (http://www.myspace.com/mississippiinvestigator)


        This e-mail message is protected by the Electronic Communications Privacy
        Act, 18 U.S.C. §2510-2521 and is legally privileged. Unauthorized review, use
        or distribution is strictly prohibited. If you have received this in error,
        please reply and notify the sender (only) and delete the message. Unauthorized
        interception of this e-mail is a violation of federal criminal law.


        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
        _www.sarkispi._www.s_http://www.sarkispihttp:_ (http://www.sarkispi.com/) )

        1346 Ethel Street
        Glendale, CA 91207-1826
        818-242-2505
        818-242-9824 FAX

        "one Nation under God"

        If you can read this, thank a teacher. If you can read it in English, thank
        a military veteran !

        ******************************************<WBR>*********<WBR>*********<WBR>***
        ***
        products.
        (_http://money.http://money.<WBhttp://money.http://monhttp://money.<WBhttp_
        (http://money.aol.com/special/hot-products-2007?NCID=aoltop00030000000001) )

        [Non-text portions of this message have been removed]







        **************************************Check out AOL's list of 2007's hottest
        products.
        (http://money.aol.com/special/hot-products-2007?NCID=aoltop00030000000001)


        [Non-text portions of this message have been removed]
      • Glad4JC@aol.com
        I don t see many of those being offered in Mississippi, but when I do I often wonder how they think anyone can afford to work so cheap and wait so long to
        Message 3 of 24 , Dec 2, 2007
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          I don't see many of those being offered in Mississippi, but when I do I
          often wonder how they think anyone can afford to work so cheap and wait so long
          to get paid and still have a long resume and insurance, lol.

          I am not sure I like the idea of people from all over the country
          advertising here in my state and then trying to get me to do the work cheaply. I don't
          mind if its a good working relationship with a person who is trying to build
          a legitimate nation wide or several states business, I have someone I work
          with like that and it is ok. But it does seem to be a little misleading to
          overreach into states with big $ advertising and then offer the situation at
          rock bottom prices to eager newbies, like me. I guess I am doing the right
          thing by saying NO to any company that wants me to do work for so little and
          have all their requirements and get paid in 30 days. I feel better already, lol.

          Gladys Brierley
          Accurate Investigations
          PO BOX 872
          Newton County, Mississippi
          601-480-3181 bus
          601-683-2094 fax
          Bus License # 1499
          Glad4JC@...
          Member NAIS, ACI, IA
          _www.freewebs.com/glad4jc_ (http://www.freewebs.com/glad4jc)
          _www.myspace.com/mississippiinvestigator_
          (http://www.myspace.com/mississippiinvestigator)


          Services include but not limited to, online record searches, courier
          services, domestic-fidelity checks, employee theft, process service, witness
          interview, surveillance, specialized referrals for computer forensics, recovery &
          extractions, missing children cases. Also willing to work with teams on cold
          cases. Professional courtesy to other PI's & Attorneys . I promise to give you
          my very best efforts and safeguard client confidentiality.

          _PARENTS-AGAINST-PREDATORS : PARENTS AGAINST PREDATORS_
          (http://groups.yahoo.com/group/PARENTS-AGAINST-PREDATORS/?yguid=206815254)
          _MississippiPrivateInvestigators : MISSISSIPPI PRIVATE INVESTIGATORS_ (http:
          //finance.groups.yahoo.com/group/MississippiPrivateInvestigators/?yguid=8099974
          )

          _Find me on MySpace and be my friend!_
          (http://www.myspace.com/mississippiinvestigator)


          This e-mail message is protected by the Electronic Communications Privacy
          Act, 18 U.S.C. §2510-2521 and is legally privileged. Unauthorized review, use
          or distribution is strictly prohibited. If you have received this in error,
          please reply and notify the sender (only) and delete the message. Unauthorized
          interception of this e-mail is a violation of federal criminal law.


          In a message dated 12/2/2007 11:33:07 A.M. Pacific Standard Time,
          administrator@... writes:




          Bob Hrodey wrote:

          > Then you're doing it wrong. Like Sue and Rick, when I see requests
          > for "sub-contractors" at $25-$50/hour who are required to be
          > licensed,insured, etc. I laugh. I also believe that in such a case,
          > your argument about WC expense, employees, etc. have no place in the
          > equation. If I conform to your needs with regard to licensing, etc.
          > I am the one incurring the expense of WC, insurance, admin,
          > mileage, etc. NOT you.

          Bob,

          I agree with everything you said, with the exception of one minor
          point. Having just gone through an insurance audit, I can tell you
          that most PIs do not have workers' compensation insurance. If I
          engage the services of either an individual PI or a PI agency and
          they do not have workers' compensation coverage, I am on the hook for
          paying that premium. Not one of the individual PIs that I engaged to
          do work for me on a subcontract basis had workers' compensation
          coverage; and only two of the PI agencies did. All of them had
          general liability coverage, but that is probably only because the
          state requires it. It doesn't shock me that the individual PIs
          lacked workers' compensation coverage, but you would be surprised how
          many PI agencies, even PI agencies with actual employees, lack that
          coverage.

          The bottom line is that the contractor is more than likely
          left "holding the bag" to pay workers' compensation coverage on the
          subcontractor. On the other hand, it is likely that the contractor
          doesn't have workers' compensation coverage anyway. If the
          contractor does happen to have workers' compensation coverage, the
          rate is probably around 4% at the most. The contractor is still
          going to get away without having to pay matching social security and
          medicare (6.2% and 1.45% respectively) along with federal and state
          unemployment taxes (varies) and general liability insurance (around
          4%).

          I don't necessarily take issue with people offering assignments at
          ridiculously low rates to other PIs. We all have the capacity to
          say "NO" and some of us should exercise it more. It feels good to
          say "NO" to a case or client; and all of us should "just say no" to
          these companies wanting to pay ridiculously low rates. If we all
          just say no, these companies will be forced to change their practices.

          I do take issue with companies that advertise and accept cases in
          states in which they are not licensed. These are the companies we
          all see everyday posting that they "need assistance" with a case in
          ABC City. They should say the following if they want to be close to
          accurate: "We advertise our company on the internet as being a large
          national expert PI agency, so now we have a client in some far away
          state who was dumb enough to believe our bullshit facade. We need a
          local PI willing to do the actual field work for less than half their
          normal rate. By the way, you will have to wait 30 days or more to
          get paid."








          **************************************Check out AOL's list of 2007's hottest
          products.
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