ELC GROUP Czech Republic Local time: 22:02 Member (2005) English to Czech + ...
Dec 16, 2009
Hi,
i am doing some research on Translators Professional Indemnity. I can see many translators (but almost all based in UK) who present it like some sort of the advantage compare to those who dont have it. I wonder if anyone has experience actually using it (claims?)?
Another important question: is it a solely UK thing? It seems to me like some Citi based guy thought the other day - what else can we sell....hm...why not to sell Translators Professional Indemnity insurance? So does anybody outside of the UK has this insurance?
Thank you very much!
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Henry Hinds United States Local time: 14:02 English to Spanish + ...
Any cases of liability?
Dec 16, 2009
Whenever this subject arises I always ask: Does anyone know of any case where a translator has ever been sued for professional liability?
Thus far, after several years, I have yet to see any such case reported, which would mean that indemnity insurance for translators is unnecessary.
But I would ask again, does anyone know of such a case?
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David Wright Austria Local time: 22:02 Member (2007) German to English + ...
It was the first thing I did
Dec 16, 2009
I - working in Austria - took this out more or less the day I started business, knowing how much could be at stake if say I contract I translated had a mistake in it, or a book was printed that then had to be redone. I had to use it once, in the days of faxes when a fax I received had a number that looked like 6 but was actually 8 (thickness of wood, I did naything and everything in those days). The client had to redo his brochure : but the insurance lawyers took over the case and argued, successfully, that the client assumed the riks of misprints when transmitting material by fax, which was known to distort, instead of sending the original.
I feel very secure knowing that I have this insurance. It's not cheap, but it also includes legal insurance in case I have to file a claim.
So no, I don't think it's just another useless thing the insurance industry tries to persuade us to buy.
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ELC GROUP Czech Republic Local time: 22:02 Member (2005) English to Czech + ...
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Did you buy it in Austria?
Dec 16, 2009
Hi David, thank you very much. Did you buy it in Austria? It looks like it is being sold only to UK residents or businesses based in UK. I can not find anyone who sells it outside the UK. Maybe insurance applies to UK only (some national insurance)?
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Tina Vonhof Canada Local time: 14:02 Member (2006) Dutch to English + ...
Not just in the UK
Dec 16, 2009
I think it's available everywhere. Here in Canada it's a requirement for all certified translators.
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Rudolf Vedo CT United States Local time: 15:02 Member (2008) Croatian to English + ...
Common enough in the US
Dec 16, 2009
and probably essential for any independent businessperson, particularly as we Americans are known to be among the more litigious peoples of the planet.
I do find it slightly odd that it would be used as a selling point for translators (unlike, say, for tradesmen, where I see "bonded and insured" in all their adverts), conventional wisdom being that touting your insurance coverage could make you a more likely target for a claim.
That said, some clients will require that their contractors and subcontractors have their own E&O insurance, in which case it would be a selling point of sorts.
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ELC GROUP Czech Republic Local time: 22:02 Member (2005) English to Czech + ...
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UK, Canada and USA?
Dec 16, 2009
Ok, let me please rephrase it: this insurance looks like something being salable in UK, US and Canada only. I tried to find anyone who can offer it in Germany, France or Spain - NO LUCK! Is there anybody out there based in any EU country except UK who has this insurance bought from the local insurer please? Your input will help a lot!
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KSL Berlin Germany Local time: 22:02 German to English
Quite common in Germany
Dec 16, 2009
The BDÜ and tekom have special contracts available to their members through R+V or other providers. Here there are usually two separate policies that are contracted: Berufshaftpflicht (the cheap one) and Vermögensschadenhaftpflicht (more expensive when comparing premium to coverage - this is what covers reprints due to errors & similar issues).
Aside from the obvious advantage of coverage I find that this insurance is useful for marketing. Several direct client chose us specifically because we have the coverage and others do not.
That said, I am currently fighting with the claims department of my insurer, where an attorney in the claims department tried to maintain recently that I had no coverage, because I was alleged to be a technical editor rather than a translator. I went nuclear over that one, but it seems to be settled now that other departments in his company have instructed him in how to read a contract. The word "translations" in the company name was also a strong hint, but I guess the fellow was too busy poking the girls with pencils in English class to learn anything useful. Don't let degrees and titles fool you: "Dummheit ist unbelehrbar" (Kästner, I think - true in any case).
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David Wright Austria Local time: 22:02 Member (2007) German to English + ...
Austria
Dec 16, 2009
Yes, I have it in Austria through the UNIQA, as you probably know a very reputable company (However I originally get it froma company that Uniqa took over, so it may be that they don't offer it as a product). However, you should judt be looking at professional liability (or indemnity) insurance; it's not specific to translators.
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PCovs Denmark Local time: 22:02 Member (2003) English to Danish + ...
Denmark also
Dec 16, 2009
I have it, and every authorised translator is advised to get one if they want to go freelance, I believe.
Luckily, I have never had to use it (yet), but just today a potential new client asked if I have this insurance.
I too feel good knowing that I have this insurance, although I know that I may never have to actually use it, but that's most often the case with insurances, isn't it
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ELC GROUP Czech Republic Local time: 22:02 Member (2005) English to Czech + ...
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hm, yes i would also like to know this!
Dec 16, 2009
Henry Hinds wrote:
Whenever this subject arises I always ask: Does anyone know of any case where a translator has ever been sued for professional liability?
Thus far, after several years, I have yet to see any such case reported, which would mean that indemnity insurance for translators is unnecessary.
But I would ask again, does anyone know of such a case?
Hi Henry,
this is one of the main questions for me as well. Does anyone know of any case where a translator has ever been sued for professional liability?
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KSL Berlin Germany Local time: 22:02 German to English
Yes, these cases do occur
Dec 17, 2009
elc group wrote:
this is one of the main questions for me as well. Does anyone know of any case where a translator has ever been sued for professional liability?
A lawsuit isn't the only time this insurance kicks in, but yes I do. Three instances, possibly a few others, though I don't know what the final resolution of those cases was. I've discussed details in these forums of the two court cases involving an acquaintance about 10 years ago. It seems that every time the subject of insurance comes up, someone makes the statement that it "never gets used". That is simply dangerous BS. In many cases, it is probably not a subject anyone wants to discuss publicly. And the triggers for claims are quite diverse and not always the fault of the party against whom a claim is made. One more recent case I know, an intellectual property issue, could have been won easily in court, but a decision was made to "save hassles" and pay off the claimant instead. These costs were then passed on to the translator to cover with liability insurance. Another involved a lawsuit over a multi-million currency unity contract where the original German was changed but the translation never updated. The translator was blamed for this and sued. Of course the case was won easily, but the legal costs were covered up front before they could be claimed from the plaintiff. That is useful.
It is simply foolish in today's business environment to work without appropriate insurance coverage. And, as I've pointed out elsewhere, the costs can easily be recovered using that coverage as a marketing tool. Point it out explicitly to certain prospects, and you can bet that a large number of competitive proposals will soon be rejected when the client realizes that there is no financial "backup" in case of a serious mistake. This is also an advantage many agencies have over the translators who work for them. Pointing out that I usually have as much insurance as any agency I deal with (or more) is very helpful in discussions with some direct clients.
[Edited at 2009-12-17 00:16 GMT]
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ELC GROUP Czech Republic Local time: 22:02 Member (2005) English to Czech + ...
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just another financial product or a "must have" thing?
Dec 17, 2009
Kevin Lossner wrote:
It is simply foolish in today's business environment to work without appropriate insurance coverage. And, as I've pointed out elsewhere, the costs can easily be recovered using that coverage as a marketing tool. Point it out explicitly to certain prospects, and you can bet that a large number of competitive proposals will soon be rejected when the client realizes that there is no financial "backup" in case of a serious mistake. This is also an advantage many agencies have over the translators who work for them. Pointing out that I usually have as much insurance as any agency I deal with (or more) is very helpful in discussions with some direct clients.
[Edited at 2009-12-17 00:16 GMT]
Yes, I absolutely agree. The problem is that my research shows that companies in most of the EU countries do not take this insurance seriously. Intellectual property is something what is discussed in NDA and no insurance will ever cover a breach of the NDA by either party. Well at least that is what I thought.
On of the reasons why I am doing a research is indeed a fact that more and more translators apply for a work saying that they have this insurance (well almost all UK based have it). But it does not help at all when translator is still a poor translator. Insurance does not make his/her translation any better. Maybe it should make me feel better that since translation will be most probably poor I can at least be sure that it is insured. So I thought I would find out as much as possible about this topic.
I still have to say that there is very little choice in almost all EU countries except UK. Looks like every translation shop in UK has this insurance.
Another reason why i want to find out as much as possible is that based on my research none of the best translators we work with for many years now has this insurance. So I am kind of confused with all the different info I am getting on this issue
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Feigola Spain Local time: 22:02 Member (2007) Spanish to Russian + ...
It does exist in Spain
Dec 17, 2009
elc group wrote:
Ok, let me please rephrase it: this insurance looks like something being salable in UK, US and Canada only. I tried to find anyone who can offer it in Germany, France or Spain - NO LUCK! Is there anybody out there based in any EU country except UK who has this insurance bought from the local insurer please? Your input will help a lot!
This kind of insurance does exist in Spain; actually, I have it. It's called "seguro de responsabilidad civil profesional" and is offered by two or three insurance companies (not many of them, though).
Regards
Natalia
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Teresa Mozo Germany Local time: 22:02 Member (2008) German to Spanish + ...
Am I totally wrong?
Dec 17, 2009
Some weeks ago I received an offer for collaboration with an agency. I was really interested to do so, but the agency required me to declare that I have such an insurance to cover liability cases towards third parties (!). Since I have none, that was the end of the collaboration.
I think that we as translators have a responsibility towards the agency, but not towards third parties, to which we have no contact. The agency has the ultimative responsibility for forwarding the completed assignment to the client after proofreading/revision. The liability of a freelance translator is normally limited to the invoice amount, and that only in case of intentional act or gross negligence. And no insurance that a freelance translator can afford would ever cover a case of intentional act or gross negligence.
Regards
Teresa
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