Dear Gail:

Sorry about the delay: I've been "on the road" and have only now found time
to reply.

Judging by our findings when our Department carried out a comprehensive
review of insurance and risk management for the UK Museums & Galleries
Commission four years ago, the problem is that most if not all insurance
policies exclude loss or damage during conservation and restoration
processes or due to "inherent defects" which may not be apparent.

The only insurance that is generally available in relation to conservation
work (at least this side of the Atlantic) is "professional negligence"
insurance. However, this is no help if a conserator or restorer is working
within his or her field of proven expertise and competence, and then
something that could not reasonably have been foreseen goes wrong and
damage results, since there is no "negligence" in law.

Consequently it is quite normal for conservators and restorers to insist
that work is carried out at the owner's risk in relation to uninsurable
losses of this kind. If of course it is possible to prove negligence, then
it is very likely that the courts (at least in a Common Law jurisdiction)
would hold the consevator liable for the damage cause by the negligence.



Best wishes


Patrick Boylan
(City University London)


========================

On May 29 2003, Anderson, Gail K wrote:

> Is it standard for art conservators to ask for a waiver of liability for
> any loss or damage as well as for the quality of work performed by them
> and that the art is left totally at the owner's risk? Is there such a
> thing a malpractice insurance or is there a policy that museums can take
> out when sending something away to be conserved? Thank you.
>
>
> Gail Kana Anderson
> Assistant Director/Curator of Collections
> Fred Jones Jr. Museum of Art
> The University of Oklahoma
> 410 W. Boyd St.
> Norman, OK 73019
> 405.325.3272; fax 405.325.7696
> [log in to unmask]
>
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