atw: FW: New exclusions on Professional Indemnity Insurance

Read it and note the caveat.

-----Original Message-----
From: Colin Priest [mailto:colin_priest@xxxxxxxxxxxxxxxx] 
Sent: Wednesday, 20 December 2006 15:23
To: 'Warren Lewington'
Subject: RE: New exclusions on Professional Indemnity Insurance


Section 2 is about financial statements. Technical writers should not be
offering advice about financial statements. By the way, this is not legal
advice - for legal advice ask a lawyer.

Colin


-----Original Message-----
From: Warren Lewington [mailto:wjlewington@xxxxxxxxxxx] 
Sent: Wednesday, 20 December 2006 1:25 PM
To: 'Colin Priest'
Subject: FW: New exclusions on Professional Indemnity Insurance

Could you offer an opinion on this one Colin, please.

-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Stuart Burnfield
Sent: Wednesday, 20 December 2006 11:58
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: New exclusions on Professional Indemnity Insurance


It's renewal time, but the insurer (CGU) is proposing some new exclusions.
Just wondering if anyone has an opinion--are these new exclusions so broad
as to make the insurance not worth it?

Computer Consultants Exclusion

[blah blah blah] this policy shall exclude absolutely all liability that is
caused by or arises from:

1. [sale or supply of computer hardware...]

2. Advice on methods, practices or procedures or opinions on financial
statements, whether such advice or opinion is in writing or not;

3. Breach of confidential information or trade secrets, patents, copyrights
or the unauthorised use or infringement of the systems or programmes of
others unless caused by a professional act, error or omission in data
processing or computer consultancy; and

4. The loss of or damage or documents data processing media or erasure of
information contained thereon, unless such loss, damage, distortion or
erasure of information is caused by a professional act, error or omission in
data processing or computer consultancy;

5. [servicing of equipment...]


The second item (Advice on methods, practices or procedures) would apply to
us. I read this to mean I would not be covered for a claim arising from my
advice to a client about documentation methods and procedures. However, as
written, couldn't this also mean I am not covered for my advice on methods
and procedures *in a user guide*? For example:
- in a manual for a backup security product or I discuss different backup
strategies or security procedures
- a user of the software follows the procedures in the manual and suffers
some sort of loss or damage
- user of the software sues the vendor and me

Does this exclusion mean I'm not covered?

The third and fourth items seem reasonable but I don't really understand the
part about "unless caused by a professional act, error or omission".

Time to see a lawyer?

Thanks

Stuart

**************************************************
To post a message to austechwriter, send the message to
austechwriter@xxxxxxxxxxxxxx

To subscribe to austechwriter, send a message to
austechwriter-request@xxxxxxxxxxxxx with "subscribe" in the Subject field.

To unsubscribe, send a message to austechwriter-request@xxxxxxxxxxxxx with
"unsubscribe" in the Subject field.

To search the austechwriter archives, go to
www.freelists.org/archives/austechwriter

To contact the list administrator, send a message to
austechwriter-admins@xxxxxxxxxxxxx
**************************************************



**************************************************
To post a message to austechwriter, send the message to 
austechwriter@xxxxxxxxxxxxxx

To subscribe to austechwriter, send a message to 
austechwriter-request@xxxxxxxxxxxxx with "subscribe" in the Subject field.

To unsubscribe, send a message to austechwriter-request@xxxxxxxxxxxxx with 
"unsubscribe" in the Subject field.

To search the austechwriter archives, go to 
www.freelists.org/archives/austechwriter

To contact the list administrator, send a message to 
austechwriter-admins@xxxxxxxxxxxxx
**************************************************

Other related posts: