A client paid $1,500 to cover a dark tribal armband with a koi fish. I told him, “I can hide this.” When it healed, the black tribal showed right through the orange scales. It looked muddy and terrible. He sued me for “Breach of Contract” and “Failure to Perform,” demanding a refund and laser costs.
Key Takeaways
- Breach of Contract vs. Negligence: Insurance covers negligence (accidents). It does not cover Breach of Contract (failure to deliver agreed results). If you promised “total coverage” and failed, that’s a business dispute, not an insurance claim.
- Managing Expectations: Your defense relies on the consultation. Did you promise “it will be gone,” or did you say “we will do our best to disguise it”?
- The “Guarantees” Trap: Never guarantee a result in tattooing, especially cover-ups. Guarantees create a strict contract that insurance won’t back up.
- Refunding is Self-Insurance: In these cases, refunding the money is often the only way to make it go away. Insurance won’t pay the refund for you.
The “Why” (The Trap): The “Business Risk” Exclusion
Liability policies have “Business Risk” Exclusions.
They do not cover the cost to redo your own work or the refund of your fees.
They are there to pay for damage (infection, scarring), not disappointment.
If the tattoo is healthy but just didn’t work aesthetically, the insurer sees that as a “warranty” issue between you and the client.
The Investigation: “I Called Them”
I asked adjusters about “Failed Cover-ups.”
1. The Scenario
“The old tattoo bled through. Client wants money back.”
- Adjuster Response: “Did you injure him? No? Then we don’t pay. This is a quality of workmanship dispute.”
2. The Defense
“He is suing for the cost of laser removal.”
- Adjuster Response: “We might defend you if he alleges you were negligent in your application (went too shallow/deep). But if it’s just ink settling, we might deny.”
Comparison Table: Cover-Up Liability
| Claim Type | Insurance Outcome |
| “It’s ugly/bleeds through” | Denied (Workmanship) |
| “He scarred me trying to pack color” | Covered (Bodily Injury) |
| “He promised it would disappear” | Denied (Breach of Contract) |
Step-by-Step Action Plan
- The Cover-Up Waiver: Use a specific waiver for cover-ups. “I understand that the old tattoo may show through. No guarantees are made regarding complete coverage.”
- Progress Photos: Take photos of the stencil over the old tattoo. Show the client: “See, the black is still dark here.” Get verbal agreement.
- Under-Promise: Never say “This will disappear.” Say “This will distract the eye.”
- Settlement Agreement: If you refund them, have them sign a “Release of All Claims” so they can’t take the money and then sue you anyway.
FAQ
Q: Can I charge for a touch-up?
A: Yes, but for cover-ups, usually a second pass is expected. Charging for it might escalate the dispute.
Q: Does laser removal insurance exist?
A: No, not for the artist to buy for the client.
[IMAGE: Before/After photo of a failed cover-up where the old text is clearly visible.]