Insurance and liability

Niccolo Caldararo <caldararo [at] aol__com> writes

>This is in reference to discussions at the 2005 AIC meeting CIPP
>dinner on insurance and liability. ...

After 30 years in the business, during some of which time I had
insurance, I have come to the following position (see below).

There was never a claim on any artifact which I treated, but nearly
every year the premium/payment increased. One year my premium
doubled in price. That is when I adopted the form below.

There were two reasons for this change. One: My insurance company
doubled my premium. Two: They continued requiring me to provide them
with an estimate of the value of customer's goods in my care. In
other words, they required me to act as an appraiser, in addition to
my service as a conservator.

As I am not a certified appraiser, this is unethical. The insurance
company did not care.

My advice?  Do not be cowed.  Take what you will from my form below
and proceed.

Jack

    Conditions

    The Thompson Conservation Laboratory 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. Facts produced 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 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.

Thompson Conservation Lab
7549 N. Fenwick
Portland, Oregon 97217
USA
503-735-3942
Fax: 503-289-8723


                                  ***
                  Conservation DistList Instance 19:11
                  Distributed: Friday, August 26, 2005
                       Message Id: cdl-19-11-009
                                  ***