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Subject:
media company unable to get slip and fall insurance
Category: Relationships and Society > Law Asked by: grthumongous-ga List Price: $2.99 |
Posted:
21 Sep 2005 17:11 PDT
Expires: 21 Oct 2005 17:11 PDT Question ID: 570718 |
A friend has a small incorporated media company and is attempting to lease a very small one room office. The landlord of the multi-unit office building said that the corporation renting the space MUST have slip and fall liability insurance. No problemo--or so it seemed. When shopping for insurance the brokers all asked what the business does and after they are told that it is a media company the brokers say that the underwriters decline. When pressed they say something about them being afraid of being sued. Based on the theory of deep pockets the underwriters allegedly fear (or is it misunderstand) that even if the policy EXPRESSLY excludes "professional liability insurance" they could still be drawn in by aggressive litigants. The jurisdiction is Ontario. The corporation is a Canadian federal corporation. A tiny corporation. The nature of a legal business should not be relevant unless of course public safety (i.e. chemical plant ala. Bhopal) is involved. But come to think of it, even Union Carbide is able to get Office space insurance in North America without the underwriters freaking out about a remote site. In other words, UC's chemical plants are not *inside or in close proximity" to the office. The underwriters rationale is not clear---the brokers are the go-between. If it were possible to understand what their red flag is the "unacceptable risk" could be factored out somehow. A conspiracy theorist might wonder if it is a way to limit the competition, so to speak, to well-heeled corporate media. I suggested to my friend that one option for him to consider is incorporating a wholly owned subsidiary of the main entity. Put the sub on the lease application. Describe the subsidiary as a digital data processing room. Data walks in. Data walks out. No data harmed (or "published"). How do the beautiful people do it :) |
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There is no answer at this time. |
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Subject:
Re: media company unable to get slip and fall insurance
From: peregrin12-ga on 23 Sep 2005 23:12 PDT |
This is really an insurance underwriting question, not a legal one. You fail to state what kind of media company this is. I'm guessing that you are talking about a recording company or the like. If so, the insurer is quite concerned about the potential for violence that recording artists bring with them when they visit the premises. I can't say whether or not this is justified. But you only need to open up the paper to see why an insurer would be concerned. Tread very carefully in misleading the insurance company. An otherwise valid claim may not be honored, if the policy has been wrongfully procured. (In addition, a smart landlord will notice that the insured under the policy is not his tenant.) I don't know the Canadian market, but there must be companies willing to insure media companies, perhaps at a premium price. If your friend belongs to a trade group or is on friendly terms with a competitor, he should be able to make inquiries. |
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