Engineer A Section III.9 Exception Condition Verification — Pollution Services Indemnification
O · Obligation
Individual
http://proethica.org/ontology/case/108#Engineer_A_Section_III.9_Exception_Condition_Verification_—_Pollution_Services_Indemnification
Properties
Instance of
SectionIII.9IndemnificationExceptionConditionVerificationObligation
http://proethica.org/ontology/intermediate#SectionIII.9IndemnificationExceptionConditionVerificationObligation
Case context
Engineer A adopted client indemnification clauses during the liability crisis when pollution-related professional liability insurance was unavailable; approximately seven years later, major insurers had re-entered the market offering limited pollution and asbestos coverage, yet Engineer A continued using the same indemnification clause without verifying whether the original justifying conditions still applied.
Compliance status
unmet
Confidence
0.87
Importance
high
Obligated party
Engineer A
Obligation statement
Engineer A was obligated to verify, before continuing to require clients to indemnify him for ordinary negligence in pollution-related services, that the conditions justifying the Section III.9 exception — specifically, the unavailability or unaffordability of professional liability insurance — still existed at the time of each contract, given that the professional liability insurance market had materially changed since the exception was originally adopted.
Temporal scope
At the time of each new or renewed professional services agreement following the re-entry of insurers into the pollution coverage market
Relationships
competesWith
Engineer A Pollution Services Insurance Procurement
Source Evidence
Source text
Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected.
Text references
Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected.
Most major professional liability insurers in the US today have reentered the A/E professional liability insurance market and many now offer some type of limited coverage for both pollution and asbestos-related services.
we are of the view that where such protection are reasonably available and affordable to the engineer to guard the interests of both the client and the engineer, barring special or additional circumstances, the engineer has an ethical obligation to obtain such protection and not seek indemnification from the client for ordinary negligence.
TTL
@prefix case108: <http://proethica.org/ontology/case/108#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proeth: <http://proethica.org/ontology/intermediate#> .
@prefix proeth-core: <http://proethica.org/ontology/core#> .
@prefix prov: <http://www.w3.org/ns/prov#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
<http://proethica.org/ontology/case/108#Engineer_A_Section_III.9_Exception_Condition_Verification_—_Pollution_Services_Indemnification> a proeth:SectionIII.9IndemnificationExceptionConditionVerificationObligation,
owl:NamedIndividual ;
rdfs:label "Engineer A Section III.9 Exception Condition Verification — Pollution Services Indemnification" ;
proeth-core:competesWith case108:Engineer_A_Pollution_Services_Insurance_Procurement ;
proeth-core:defeasibleUnder case108:Changed_Circumstances_-_Insurance_Now_Available_Despite_Indemnification_Clause_Persisting,
case108:Ordinary_Negligence_Indemnification_Prohibition_Instance,
case108:Pollution_Insurance_Market_Re-Entry_-_Current_Conditions,
case108:Post-Liability-Crisis_Insurance_Market_Recovery_Obligation_State ;
proeth:casecontext "Engineer A adopted client indemnification clauses during the liability crisis when pollution-related professional liability insurance was unavailable; approximately seven years later, major insurers had re-entered the market offering limited pollution and asbestos coverage, yet Engineer A continued using the same indemnification clause without verifying whether the original justifying conditions still applied." ;
proeth:compliancestatus "unmet" ;
proeth:conceptCategory "Obligation" ;
proeth:confidence "0.87" ;
proeth:derivedFromPrinciple <http://proethica.org/ontology/case/108#Ethics_Code_Living_Document_Adaptation_—_Section_III.9_Indemnification_Exception_Evolution>,
case108:Negligence_Liability_Non-Transfer_to_Client_Principle_Invoked_in_Pollution_Services_Agreement ;
proeth:discoveredincase "108" ;
proeth:discoveredinpass "2" ;
proeth:discoveredinsection "discussion" ;
proeth:firstdiscoveredat "2026-03-01T11:06:41.330232+00:00" ;
proeth:firstdiscoveredincase "108" ;
proeth:generatedattime "2026-03-01T11:06:41.330232+00:00" ;
proeth:importance "high" ;
proeth:obligatedparty "Engineer A" ;
proeth:obligationclass "Section III.9 Indemnification Exception Condition Verification Obligation" ;
proeth:obligationstatement "Engineer A was obligated to verify, before continuing to require clients to indemnify him for ordinary negligence in pollution-related services, that the conditions justifying the Section III.9 exception — specifically, the unavailability or unaffordability of professional liability insurance — still existed at the time of each contract, given that the professional liability insurance market had materially changed since the exception was originally adopted." ;
proeth:sourcetext "Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected." ;
proeth:temporalscope "At the time of each new or renewed professional services agreement following the re-entry of insurers into the pollution coverage market" ;
proeth:textreferences "Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected.",
"Most major professional liability insurers in the US today have reentered the A/E professional liability insurance market and many now offer some type of limited coverage for both pollution and asbestos-related services.",
"we are of the view that where such protection are reasonably available and affordable to the engineer to guard the interests of both the client and the engineer, barring special or additional circumstances, the engineer has an ethical obligation to obtain such protection and not seek indemnification from the client for ordinary negligence." ;
proeth:wasattributedto "Case 108 Extraction" ;
prov:generatedAtTime "2026-03-01T11:14:44.157479"^^xsd:dateTime ;
prov:wasGeneratedBy "ProEthica Case 108 Extraction" .
Metadata
Extraction details
Discovered in case
108
Discovered in pass
2
Discovered in section
discussion
First discovered
2026-03-01T11:06:41.330232+00:00
First case
108
Generated
2026-03-01T11:06:41.330232+00:00
Attributed to
Case 108 Extraction
Generated
2026-03-01T11:14:44.157479
Generated by
ProEthica Case 108 Extraction