Requesting copy of employer's insurance coverage

[Ghillie]

I recently sent an email to a former employer for his liability coverage during the 2008 year. I worked for him as a subcontractor, I had liability insurance of my own at the time.

I had to take him to small claims court this year in July to try to get the rest of the money he owed me for working for him. Judgment was in my favor, and the judge finally filed it in October. I have yet to get any money from the judgement. He sent me a certified letter with a check (not full amount) last week and the "Pay to Order of" field only had my last name, so it was vague and it was not signed.

I feel I have a right to request a certificate of insurance coverage for the time period I worked for him.

He denied my request and said in his response that he would sue me for illegally obtaining said information.

Any thoughts on the subject? Am I right in requesting this information so that I have that information if anything somehow comes back on me I have it?

 

[BCbound]

I would just play nice till you get the full amount owing to you. Then if you feel you need his proof of insurance ask then.

Why would you need it now? Unless something happen back then with a HO I see no reason for you to need it.

 

[BlueRidgeMark]

If you want legal advice, ask a lawyer, not a bunch of anonymous random people on the Internet.



If you had your own insurance, why you you need his info?

 

[Ghillie]

OK, skip the part where I was explaining his character.

Title of thread and last sentence, does anybody ask for certificates of coverage from a contractor? I thought what I was asking was clear, I appologize for any confusion.

 

[treemandan]

OK, skip the part where I was explaining his character.

Title of thread and last sentence, does anybody ask for certificates of coverage from a contractor? I thought what I was asking was clear, I appologize for any confusion.

You play it straight Ghillie, it seems. If you ever hire a supposed contractor who is supposedly insured you had better check it out before you end up with what happen around the corner when some dude hired a kid who did some pretty nasty damaged and said his insurance was for landscaping not trees.
As far as your other situation goes I would say count your blessing you got a dime.

 

[ducaticorse]

I don't understand why you would need a copy of his liability for the years worked in the past. He should be asking you for yours if you were a 1099 subcontractor. Why do you need his liability information?

 

[komatsuvarna]

I don't understand why you would need a copy of his liability for the years worked in the past. He should be asking you for yours if you were a 1099 subcontractor. Why do you need his liability information?

:agree2: Subs always have to give proof of insurance to the prime contractor. I dont understand why you would need his, expecially from 2 years ago?

 

[cjnspecial]

The sub can sue the prime contractor for a host of reasons and the prime contractor may have insurance coverage in place, like an umbrella policy, that covers miscellaneous tort issues. If you already have a judgement against him, I'm not sure what else you can do without going back to the attorneys office and filing suit again.

 

[deevo]

OK, skip the part where I was explaining his character.

Title of thread and last sentence, does anybody ask for certificates of coverage from a contractor? I thought what I was asking was clear, I appologize for any confusion.

I do and vice versa. All the contracts I have we have to have copies for them at their office, and on the job site readily available, along with WSIB (workers comp) Not much to ask for if your running legit.

 

[tree md]

I don't know about for the past but anyone has the right to ask for a certificate of your insurance. Or at least that was how it was explained to me. I had a former employee go down to my agents office, slick talked him out a certificate of my insurance and tried to pass it off as his own. I would have never known unless the caretaker of the large church got suspicious and called me when he tried to pass a insurance certificate with my name on it off as his own for a large removal the church wanted done.

It was actually my agents assistant who let the guy talk him out of the certificate. I raked his butt over the coals for giving my insurance info out without checking with me and was told that anyone can call or come by and request my insurance info but they got the point and always talk to me before faxing or issuing an insurance certificate now.

 

[Taxmantoo]

Is this about insurance or is this about getting paid?

What steps do you have to go through in your jurisdiction before enforcement of the judgment through garnishment?

Would be fun to follow his trucks around and serve writs of garnishment on his homeowners before they pay him. Since it isn't wages, you could go for the whole amount the HOs owe him, up to satisfaction of the judgment. Has the added benefit of 'enhancing' his reputation with the HOs.

Simpler but less fun is to drain his bank account on payday with a bank levy, but the bank has to freeze the money for a while, and they get to take their fees out before you get anything.

 

[Polydorus]

Would be fun to follow his trucks around and serve writs of garnishment on his homeowners before they pay him. Since it isn't wages, you could go for the whole amount the HOs owe him, up to satisfaction of the judgment. Has the added benefit of 'enhancing' his reputation with the HOs.

Simpler but less fun is to drain his bank account on payday with a bank levy, but the bank has to freeze the money for a while, and they get to take their fees out before you get anything.

Remind me never to cross you!

 

[Aedan]

It is considered wise to get your mouth shut and do not cause any disturbance while your getting your money back, after you will get your money then decided what has not been reimbursed.

 

[CouldChuck]

OK, skip the part where I was explaining his character.

Title of thread and last sentence, does anybody ask for certificates of coverage from a contractor? I thought what I was asking was clear, I appologize for any confusion.

That is normal. If you dont you will be charged for the 1099 you pay out to your subs as if it were your payroll. Understand that if you get hired by someone and you call a subcontractor to complete the job your customer only has your phone number they would still file lawsuit against you if work was in error. Your insurance comapny would have to subrogate against the other insurance company if you have a certificate and if you dont have a certificate prior to work being performed good luck after there is a claim. Thats why ins companies charge if no certificates are provided for your subs..

 

[treemandan]

I see what Ghillie is really saying so put the the screws in him if ya can.

 

[Ghillie]

I see what Ghillie is really saying so put the the screws in him if ya can.

So did he. After his little tirade of threatening to sue me, I received full payment two days later.

I still think in some situations, it may be prudent to get a certificate of insurance (from the primary contractor) when doing subcontracted services.

 

[treemandan]

So did he. After his little tirade of threatening to sue me, I received full payment two days later.

I still think in some situations, it may be prudent to get a certificate of insurance (from the primary contractor) when doing subcontracted services.

I have asked some employers to show me their WC, the bucket truck logbook, etc. It doesn't go over well.

 

[lxt]

He must of been a dumb employer....or we are not hearing the whole story???

why did he owe you money? did you provide him an invoice for service? there must of been a bigger picture to this!

I had a sub want his money.........I told em, as soon as I get an invoice/bill from you!! no bill...no money ! if they dont bill you (subs that is) & you pay them & then 1099 em.................depending on pay method (cash) they dont have to claim it.....I always pay with a biz check but still insist on an invoice!


LXT..................

 

[Ghillie]

Yes there is a lot more to the story, but I had no interest in slamming him or complaining. I was trying to get enough of the back story to explain why I was concerned that he might not have even been carrying insurance at all.

And yes I gave him a very detailed invoice and waited almost a year and a half (during which time my voicemails to him went unanswered) before I filed in small claims court for the unpaid balance.

All is well that ends well I guess. I just want to put that all behind me but learn from the experience.

Thanks for all the input on the subject.