ASCE Member Insurance Blog

Claim Retrospective: Clients’ Unauthorized Use of Plans and Drawings or Seal and Stamp

Posted on 3/9/2017 by ASCE Insurance in Claims Liability Legal Clients Plans

Unfortunately, clients commonly use engineers' plans and drawings on subsequent projects without the engineer's permission. Even worse, clients have altered engineers’ plans and drawings before using them in subsequent projects, again without the engineer's approval. Shockingly, clients have even used an engineer's seal and stamp without their authorization.

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Claim Retrospective: The Significance of a Global Settlement in Multi-Party Litigation

Posted on 10/6/2016 by ASCE Insurance in Claims Contracts Legal

Why can’t we settle the claim? The answer is often that we cannot obtain a global settlement. Unfortunately, such an answer is not always easy for engineers to understand. As you might imagine, the more parties involved in the litigation, the more difficult it can be to get everyone to agree on a resolution.

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Know Your Limits — The Consequences of Being Underinsured

Posted on 6/9/2016 by ASCE Insurance in Claims Liability Coverage

Most professionals, including engineers, understand that claims are one of the inevitable costs of doing business. Engineers buy professional liability insurance to ensure that the cost of defense, settlement, and/or liability associated with a claim will not fall predominately on their shoulders.

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Effective Ways to Handle Claims

Posted on 4/15/2016 by ASCE Insurance in Claims Liability Reporting

When claims surface during an ongoing project, engineers are often under pressure to act quickly in order to prevent further damages. However, acting too hastily may jeopardize their insurance coverage. It’s imperative for the engineer to report claims to their professional liability insurance carrier immediately.

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Getting to Know Your Retroactive Date

Posted on 12/17/2015 by ASCE Insurance in Claims Reporting Coverage Requirements Lapse

There are typically two initial timing requirements that must be met in order for there to be a potential for coverage under your professional liability (PL) insurance policy.1 The first requirement is that the claim must be first made (i.e., received by the insured) during the coverage period.

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How to Avoid Uncovered Exposure

Posted on 10/15/2015 by ASCE Insurance in Claims Liability Coverage Policy Information

Almost all professional liability (PL) insurance policies are written on a claims-made basis. It is important to understand the claims-made nature of your PL policy, as it is a fundamental aspect of your insurance coverage.

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The Truth About Tolling Agreements

Posted on 8/14/2015 by ASCE Insurance in Claims Legal Reporting Tolling

A “tolling agreement” is “an agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usually so that both parties will have more time to resolve their dispute without litigation.”1

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How to Memorialize Your Scope of Services

Posted on 3/13/2015 by ASCE Insurance in Claims Contracts Legal Reporting

Recent claims have revealed that a number of engineers have not been memorializing the scope of their services in writing, either in a written contract or even in a written work order. While this may not be problematic if the project proceeds smoothly, projects often involve complications and issues, leaving the client/owner dissatisfied with some aspect of work. Nor is it unusual for serious construction defects to surface after the completion of a project. Thus, the best practice is for you to routinely memorialize the scope of your services in writing, preferably through the use of a written contract.

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Putting the Pieces in Place for Licensing Proceedings

Posted on 12/15/2014 by ASCE Insurance in Claims Licensing Reporting

There has been an increase in the number of licensing proceedings being pursued against engineers. If you receive any correspondence from your local or state licensing board, you should immediately provide notice of the licensing proceeding to Underwriters via Pearl Insurance for coverage under your Professional Liability Insurance Policy. Your ASCE Policy may include Licensing Board Proceeding coverage. Unfortunately, many engineers fail to realize that they have purchased this coverage or, alternatively, that this coverage is triggered when the engineer first receives correspondence from the licensing board initiating any investigation.

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