E&O Prevention
Strategies for the Professional Agent
February 25, 2016 

Architects & Engineers Professional Liability Programs  CLICK HERE

AOA News, Views, Tips & More
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Dear (Contact First Name),

AgentsofAmerica.ORG  is an association dedicated to the personal and professional growth of insurance agents. The agent of tomorrow will be conducting business differently than those of today. The key to your success is understanding what is important to you and more importantly, protecting and enhancing your three most important assets: agency reputation, client base, and staff. Thru our partnership and alliances with the industry top experts we are committed to selecting and delivering the highest value news, education, products, information and services to our members.
Regulatory Top Regulatory Trends For 2016 In Insurance 

This  publication is part of the  Deloitte Center for Regulatory Strategies  cross-industry series on the year's top regulatory trends. This annual series provides a forward look at some of the regulatory issues we anticipate will have a significant impact on the market and our clients businesses in the year ahead. CLICK HERE
Demotech Sponsors Upcoming FAIR Conference
The Role of Catastrophe Reinsurance in a Wind Exposed Region

Join reinsurance companies, ratings agencies, property and casualty insurance groups and other industry experts April 28, 2016. For more information, please contact Michael Siska at
msiska@floridainsurancereform.org   or (754)200-4626

California Court Says Failure to Procure Claim is Assignable
By W. Burke Coleman, Demotech, Inc.

An interesting case recently emerged from California addressing whether a failure-to-procure claim against an agent or broker may be assigned to third parties. In AMCO Insurance Company v. All Solutions Insurance Agency, LLC, 2016 Cal. App. LEXIS 96 (Cal. App. 5th Dist., Feb. 8, 2016), a building owner found himself with no coverage after a fire in his building spread to a neighboring building.   Read More

Your Insurance Company's Duty to Settle
By Robert M. Horkovich, Esq. and Anna M. Piazza, Esq. of Anderson Kill P.C.

A policyholder purchases liability insurance coverage to protect itself in the event it gets sued. Assuming a claim against the policyholder triggers its liability insurance policy, the insurance company will have a duty to defend the policyholder in the litigation against it and pay for a judgment against the policyholder.  Read More
Mutually Exclusive Polices Found to Share Defense Obligation
By Michael Lettiero, Esq. and Christian A. Cavallo, Esq. of Goldberg Segalla

When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes claims arising out of the use of an auto will have no obligation to share with the auto insurer in the defense of the policyholder. However, that is exactly what occurred in Knightbrook Ins. Co. v. Northfield Ins. Co., 2016 U.S. Dist. LEXIS 9265 (E.D. Pa. Jan. 26, 2016).  Read More
Liability of Insurers and Insurance Agents For Inaccurate Representations As To Policy Coverage - Part One
By Alan Jampol, Esq. of Jampol Zimet LLP 

A Two-Part Article

A common claim against insurance agents and insurers is that at the time the insurance agent secured the policy for his or her client, the agent negligently misrepresented to the insured the nature or scope of the policy's coverage. When the claim is denied or limited contrary to the insured's belief as to the scope of coverage, the insured sues insurer for the coverage that the insured believed it obtained, regardless of the actual provisions of the policy.  Read More
Insurer's Right to Rescind When Professional Liability Insurance Is Procured by Fraud
By Thomas F. Quinn, Esq. and Anne M. Dalena, Esq. of Wilson Elser

In DeMarco v. Stoddard, the New Jersey Supreme Court, in a 5-2 decision, reversed an Appellate Division decision, DeMarco v. Stoddard, 434 N.J. Super. 352 (App Div. 2014), and held in favor of the insurance company in upholding an insurer's right to rescind when professional liability insurance is procured by fraud.    Read More 

By Elizabeth Musser, Esq. of Tressler LLP 
Judge Jesus G. Bernal found notice provisions in claims made policies were unambiguous and enforceable as a condition precedent to coverage. The Citrus Course Homeowners Ass'n v. Great Am. Ins. Co., No. 5:15-cv-02443-JGB (C.D. Cal. Jan. 7, 2016).   Read More

Insurer Can Recover Defense Costs It Paid Before Appeals Court Found It Had No Duty to Defend
By Robert Tugander, Esq. of Rivkin Radler LLP

An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial court ruled that it had a duty to defend where that decision was later overturned on appeal.  Read More

EEOC's Updated Retaliation Enforcement Guidance Seek to Expand the Reach of its Anti-Retaliation Laws
By Elizabeth A. Odian, Esq. of Hinshaw & Culbertson LLP

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers.  In fact, retaliation complaints make up nearly half of all discrimination charges filed with the EEOC today.  Thus, it is critical that employers, their managers, supervisors, and employees understand who the laws protect and what constitutes retaliation.  Read More

Identity Theft is the First of the IRS' "Dirty Dozen" Tax Scams of 2016
By Nathan W. Austin, Jackson Lewis P. C. 
Each year at the beginning of tax season, the IRS releases the "Dirty Dozen," a list of twelve tax scams to be mindful of when individuals are filing their taxes.  This list is something to consider sharing with colleagues or friends within your organization.  Read More

Letter From  the Publisher
Protecting Your Reputation

As every Insurance Agent knows, their most important asset is their reputation, it takes years to build and just one mistake to ruin. Understanding the issues is the first steps in avoiding E&
O Claims. AOA has created a three book series dealing with 56 different E&O topics and issues agents face every day. Enter promo code
WPD20 at checkout for an additional 20% discount.

Book One - 
A Comprehensive Guide To Avoiding E & O Claims
Book Two - 
E&O Exposures in the Sales Process

Book Three - 
E & O Exposures By Line of Business


Demotech, Inc.
Since 1985, Demotech, Inc. has served the insurance industry by assigning accurate, reliable and proven Financial Stability RatingsĀ® (FSRs) for Property & Casualty insurers and Title underwriters. FSRs are a leading indicator of financial stability, providing an objective baseline of the future solvency of an insurer.  You can search the most current FSRs  here .
Do You Need Continuing Education?
Complete your entire  State-Required CE Online with WebCE!   AOA has partnered with WebCE, a leading nationwide provider of Continuing Education for insurance professionals to provide you with state-approved self-study CE courses to satisfy your CE requirements online!  Check out your  CE State Requirements.  

Is Your Insurance License Renewing Soon?
Is your agency licensed in multiple states? Does your agency maintain nonresident licenses? Do you know when renewals are due? Did you know a resident change requires address changes in the states in which an individual holds licenses? If you need assistance with any of your licensing needs go to the experts Supportive Insurance Services.

Excess & Surplus Lines Laws
We are happy to provide the 2015 Edition of Locke Lord LLP's Excess and Surplus Lines Law Manual.

This edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year. We sincerely trust you will find this manual to be a valuable desk reference and if you have any questions regarding the contents, please contact John P. Dearie, Jr., Esq. Editor and Partner at Locke Lord LLP at jack.dearie@lockelord.com or (212) 912-2737
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