An employed engineer and his non-consulting employer are sued.

[liming37]

An employed engineer and his non-consulting employer are sued in Canada. If the employer's insurance covers the claim, does the employee need to pay the claim?

 

[dik]

Not likely, but depends on the policy...

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So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik

 

[SWComposites]

Why do you ask this?
And why are you not asking your insurance company and/or a lawyer?

 

[liming37]

A lawyer never gives a certain answer.

 

[WesternJeb]

No offense, but no one here will either. It depends on the fine print of whatever you sign in your contract agreement / whatever policy the employer holds.

 

[SWComposites]

So ... why do you think the employee needs to pay the claim? Has the employer asked for this?

 

[liming37]

I received the claim note 2 weeks ago with my name and ex-employer's name. I have no idea what's going on.

 

[SWComposites]

sounds like you need your own lawyer ASAP.

you received the claim note from whom? the entity suing you? the insurance company?

 

[WesternJeb]

Sounds serious enough that you need to hire a lawyer.

 

[liming37]

My lawyer told me that if his insurance is enough to cover the claim, why need you to pay. But he can't guarantee.

 

[liming37]

The client sues us.

 

[Canuck65]

What type of insurance coverage did your former employer maintain? Commercial General Liability? Professional Errors and Omissions?

Is the legal action alleging professional negligence, or other?

As you are an ex-employee at this time, you should hire a lawyer (and listen to them). I would expect your lawyer to be in communication with the insurance companies legal team. In time your personal exposure to a potential claim will be come clear, but it will take time.

 

[liming37]

insurance coverage is Commercial General Liability, not Professional Errors and Omissions. The legal action alleging is professional negligence.

 

[WesternJeb]

I wouldn't panic. Usually, insurers and lawyers go after anyone they think they can get money from. As already mentioned, get a lawyer and don't post anything on here that could be found and held against you.

 

[dik]

You need to talk to a lawyer. These things usually have a date for response. Not responding within the allocated time can cause you some grief. Do you not recall the project that the claim is regarding? It should be stipulated on the legal documents.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik

 

[liming37]

I have a layer now.

 

[dik]

Do you know what the project is? and what type of problems developed? Were you aware of any problems? What is the alleged professional negligence? You may need to hire an engineer.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik

 

[liming37]

A steel structure collapses. What is the difference between aware and not aware of the problem?

 

[Just Some Nerd]

Stop posting questions here and talk to your lawyer about it. Even asking the question itself can be interpreted poorly.

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Why yes, I do in fact have no idea what I'm talking about