atw: Re: New exclusions on Professional Indemnity Insurance

I hope he has PI Insurance that covers him giving an opinion. 

-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Warren
Lewington
Sent: Wednesday, 20 December 2006 12:55 PM
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: Re: New exclusions on Professional Indemnity Insurance

I have passed this on to one of my business partners, a consultant
actuary.
He may be able to provide some advice to us about this...
Warren.

-----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

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