00488666

Monograph

In considering the insurance problems associated with liability of consultant designers for errors, one has first to differentiate between the consultant's general liability insurance where there is coverage for negligent acts or omissions by the consultant, and errors and omissions insurance (malpractice insurance) which most reputable consultant firms carry in order to protect their assets. Typically, several years may pass between the design event failure and the failure becoming apparent during the construction mode. If the consultant had a claims made policy and that policy ended within that span of time without a claim being made, or the work of the consultant was completed and the design aspects of the project finaled out, or the consultant switched to another insurance company, one could easily have situations where a consultant has no errors and omissions insurance coverage. In those cases, only the assets of the consultant firm would be available. This paper examines several situations which might arise from design failure, the complications which may be involved, and the lessons to be learned.

8 p.

1989

Consultants; Design; Errors; Failure; Insurance; Insurance claims; Liability; Loss and damage claims; Negligence

Design; Highways; Law; Security and Emergencies; I10: Economics and Administration

TRIS, TRB

Oct 31 1989 12:00AM