Legal Question in Business Law in Georgia

Am I Contigent Liable

If I bought an existant insurance agency and the former owner made an error ( He signed an insured's name to a policy excluding the wife of the insured. Insured claims that this was never discussed) that caused a civil suit to be filed, can the plantiff name me, personally, in the suit. The agency has always been owned by corporations. The owner committ- ing the error was the president of two corporations removed ( two owners ago ). I thought being a corporation would protect me. I thought the former owner would be liable.


Asked on 12/09/97, 11:16 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Liability of Officers of a Corporation

The issues you raised are complicated, because the agreements of purchase have to reviewed in order to adequately advise you. Generally speaking officers of a corporation are liable only for their own negligence. You would not be personally liable as you are not involved in the transaction. If the previous owner had an errors and omision policy the situation may be covered and paid as a claim under the policy. In essence I say you have no personal liability, but the corporation is responsible for the actions of its agents. If you have indemnification clauses in your agreement of purchase you may be covered. I suggest you contact legal counsel in your jurisdiction.

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Answered on 12/10/97, 5:00 pm
Robert Friend Robert H. Friend, Attorney at Law

Liability of a corporate officer

I don't know about your state, but in my state (NC), I believe that you personally could get off the hook, but the corporation would be liable. Are you handling this without a lawyer (who should have answered this question for you, I would think). Very dangerous to handle this kind of thing by yourself.

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Answered on 12/10/97, 5:38 pm


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