Legal Question in Insurance Law in New York

E&O Insurance Coverage

On the side, I teach workplace OSHA programs, and I was advised that I should carry E&O coverage in addition to my professional liability coverage. This coverage is very expensive, as I am a Corporation. Therefore, instead of E&O coverage, would having each student sign a waiver at the beginning of each class stating that they won't hold me liable for any course material missed - protect me? Or will I just have to bite-the-bullet and purchase the E&O?


Asked on 10/04/07, 3:35 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: E&O Insurance Coverage

The first question is how are "Professional Services" defined in the professional liability cover? If you were creative enough to include these educational activities in the application, you should be able to shoehorn this exposure under the professional liability coverage.

Second, have you asked your producer to laser beam the E&O coverage down to this one risk?

My concern is that a waiver has to relate to known risks. A student may not have an appreciation of the subject matter, and as a result he may be able to weasel out of the waiver.

I would also take a cold hard look at your CGL coverage. Where is the exclusion that would prevent the CGL from responding to one of these claims?

As you can probably tell from the signature, I'm a fairly serious coverage lawyer. It might be sensible for us to touch base sometime when you're in town (I do not get up to your neck of the woods more than once or twice a year to have dinner at CIA), there may be some worth in our forging a strategic alliance.

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Answered on 10/04/07, 6:11 pm


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