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Subject: Insurance

Insurance

From: Jack C. Thompson <tcl>
Date: Thursday, September 27, 2001
Kristin N Van Alstine <artworkbydimitrova [at] juno__com> writes

>I was told, that I would need both Professional Liability to cover
>my potential mistakes (Heaven forbid) as well as General Liability
>including "Bailee Coverage", this in case my business would burn
>down or something of this natural, along with my clients objects.

After many years during which I carried bailee's insurance I finally
gave it up as a lost cause and useless financial drain.  There was
never a claim, but my insurance premiums were higher in each
succeeding year.

One of the main problems I had with bailee's insurance is that the
insurance company required a quarterly statement from me as to the
value of goods in the lab for treatment.

Very few of my clients (public or private) had a current (or any)
appraisal; this put me in the position of estimating values for
insurance purposes, and that was an unethical practice because I am
not an appraiser.

In the end, after examining a number of private and public
conservation treatment proposal contracts I arrived at the following
text which is printed on the back of all of my treatment proposals:
(condition #2 is important in that it gives me ownership of the
documentation which may be used in giving or publishing papers based
on treatment records.)

CONDITIONS

The Thompson Conservation Laboratory (Lab) was created to assist and
render conservation services to charitable and educational
institutions, and the general public. It carries no insurance on the
property of depositors. Its acceptance of objects for examination or
treatment is therefore expressly subject to the following terms and
conditions.

1. Objects forwarded to the Lab are at the sole risk of the
depositor at all times. The depositor hereby waives and releases any
and all claims which may hereafter arise for damage to or loss of or
related to such objects, however occasioned, and whether or not due
to the negligence or default of the Lab or any employee.

2. In consideration of the furnishing of requested transcripts of
records of examination and treatment, reports or opinions concerning
objects, the depositor agrees to indemnify the Lab, and employees
from any and all liability in the event of any claim by any other
person based in any way upon the rendition of such records, reports
or opinions, and further agrees that such transcripts, reports or
opinions are intended to be used for scientific and educational
purposes only.

3. Objects will be released by the Lab only to the depositor.
Release to any other than the depositor will be made only upon
written authorization of the depositor. If any object is not the
property of the depositor, then such authorization must be
countersigned by the owner of the object.

4. In the event of serious damage to the objects listed on the face
of this form, whether due to act of God, riot or other violence, or
to other similar or dissimilar causes, the Lab will be free to
determine the course to be followed in protecting or removing such
objects and storing them and any such determination shall be final
and shall not subject the Lab or any employee of the Lab to any
liability. Any reasonable cost of such protection, removal or
storage shall be reimbursed to the Lab by the depositor.

5. The provisions hereof shall be binding upon the depositor or
other owner and on their respective heirs, legal representatives and
assigns.

6. Oregon law shall govern the relationship of the parties
hereunder.

7. Anyone signing on behalf of a depositor shall furnish evidence
satisfactory to the Lab of authority to act on depositor's behalf
and to bind depositor to the conditions hereof.

NOTES

1. If an examination is herein authorized, no treatment of an object
will be undertaken until the Lab's Proposal for Service has been
approved in writing by the owner.

2. Information developed by technical examination may have a bearing
on the date or source of any object, but the Lab cannot and does not
give opinions or issue statements on questions of style, authorship
or monetary value of an object.

3. Laboratory records of examinations and treatment of objects are
kept on file at the Lab and are treated as confidential.  In the
event that ownership of such objects has been transferred since
their release from the Lab, the Lab may ask for proof of ownership
before supplying such transcripts.

4. Dates quoted for completion of work are tentative for service.

5. A storage fee equal to one hour's labor ($xxx) will be charged
for any object left one month past notification of completion. A
similar fee will be added each succeeding month, and after six
months the object may be considered abandoned property and sold in
lieu of payment.

Jack C. Thompson
Thompson Conservation Lab.
7549 N. Fenwick
Portland, Oregon  97217
503-735-3942  (voice/Fax)


                                  ***
                  Conservation DistList Instance 15:27
               Distributed: Thursday, September 27, 2001
                       Message Id: cdl-15-27-004
                                  ***
Received on Thursday, 27 September, 2001

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