E&O Prevention
  
Strategies for the Professional Agent
December 29, 2015


Agents of America






 


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E&O TIP :  A Few Tips Too Consider When Working With Your Insurance Wholesaler.
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AOA News, Views, Tips & More
Indiana Court Continues to Explore Agents' Duties
By W. Burke Coleman, Demotech Inc.
 
The Indiana Supreme Court continues to explore the legal duties of insurance agents.  Agents have the basic duty to use reasonable skill and care in procuring the requested coverage for their client.  If a "special relationship" exists between the agent and the client, the agent may also have the duty to advise the client of the adequacy of coverage.

By Joshua Gold, Esq. and David E. Wood, Esq. of Anderson Kill P.C.
 
While the risks posed by data breaches are by now widely recognized, effective management of the risk is lagging. Statistics from PwC's 2015 Global State of Information Security Survey indicate that concern about data breaches is up, yet half of all businesses have no plans to dedicate more resources to avert these perils. The purchase of dedicated cyber insurance products appears to be on the rise, but according to a new study from the Ponemon Institute many in the insurance brokerage community indicate that the marketplace is not yet as robust as one would expect given the staggering scope of recent data breaches and the ensuing headlines.1

By Joseph J. Lazzarotti. Esq. of Jackson Lewis P.C.

When people think about data breaches, they tend think more about the illegal hacking into computer networks by individuals, criminal enterprises or even nation states, than they do about simple employee error. This makes some sense as hacking incidents seem to be more interesting and draw more media attention. Holding this belief, however, can cause many to underestimate the risk of a breach due to the assumption they are not likely to be the target of a hack, and miss altogether the risk of employee error. A recent report by the Wall Street Journal about a survey by the Association for Corporate Counsel may change this.

By Alan Jampol, Esq. of Jampol Zimet LLP
 
Advances in technology have altered the workplace and created an environment in which it can be difficult for employers to ensure that employees are doing what they are supposed to be doing. From utilizing workplace computers and programs for personal use to browsing the web or "Facebooking" during working hours, employers are constantly looking for ways to curtail improper usage and keep employees focused on their job. Technology has also provided methods to employers for monitoring and tracking their employees' computer usage. However, such methods are not without their risks to the employer and might constitute an invasion of privacy.

By Angelo J. Gioia of AgentsofAmerica.Org

It is extremely important as a retail agent that you take your time when looking for the right Wholesaler. Picking the right partner can not only save you time and make you money but if you understand how they work and the value that they bring, you will realize that they also can become a natural extension of your own marketing efforts. Wholesalers play a very vital role in the insurance marketplace, especially in the placement of unusual and difficult risk.






By Nicole E. Jagielski, Esq. of Hinshaw & Culbertson LLP

Mark Twain once said, "Age is an issue of mind over matter. If you don't mind, it doesn't matter."
I add: "Until your employer cares. Then it matters."
When you're at the beginning of your career, your main obstacle is trying to cast the little experience you have in a light that makes you seem incredibly experienced and able to handle anything your employer decides to launch at you, despite the fact that you have no idea what you're doing.


Insured v. Insured exclusion applied to preclude coverage for an entire claim even where the underlying claim involved a lawsuit by an Insured Person and other plaintiffs who were not Insured Persons against other Insured Persons. Jerry's Enterprises, Inc. v. U.S. Specialty Ins. Co., No. 14-1951 (D. Min. Sept. 22, 2015).

By Seth L. Laver, Esq., Michael P. Luongo, Esq. and Brian Biggie, Esq. of Goldberg Segalla

I ncorporating a professional practice can help to avoid individual liability when a professional is acting within the course and scope of his employment.  For instance, certain states provide statutory immunity to design professionals such as architects and engineers who are acting in a corporate capacity.  However, individual immunity from claims may be waived if the professional makes a representation, even inadvertently, in contracts or design plans that could be construed as accepting individual accountability for negligent acts.

By Christopher J. Conrad, Esq of Marshall Dennehey Warner Coleman & Goggin, P.C.
 
Key Points:
  • Absent certain statutory exceptions, parents have two years from the date they knew or should have known of a violation of the IDEA to request a due process hearing through the filing of an administrative complaint, or they will be forever time-barred.
  • If a complaint is timely filed, and liability is proven, the student whose rights were violated may be entitled to compensatory education and other equitable relief for the entire "period of deprivation." There is no two-year cap on the period of redress.


By Lalit K. Loomba, Esq. of Wilson Elser

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the individual rights of suspects on the street. At the highest level of the legal landscape, however, the United States Supreme Court recently issued a decision favorable to police officers that arguably expands the qualified immunity defense, at least in certain kinds of deadly force cases.

By Philip R. Voluck, Esq. and Margaret J. Theranger, Esq. of Kaufman Dolowich & Voluck, LLP
Overview
Whether "temporary employees" supplied by a staffing agency to employers can hold both entities jointly liable for violations of federal and state statutes has long been a contentious issue. A recent decision by the U.S. Third Circuit Court of Appeals could have dramatic consequences for employers who rely on staffing agencies to provide them with temporary employees. In Faush v. Tuesday Morning, Inc., 2015 WL 7273268 (3d Cir. Nov. 18, 2015), the Third Circuit held that staffing agencies and their client businesses could be considered joint employers for purposes of establishing liability under Title VII of the Civil Rights Act of 1964, as amended ("Title VII") and the Pennsylvania Human Relations Act ("PHRA").


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
ORDER NOW
 
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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"Bringing the Best Together"
Angelo J Gioia
Publisher

" May Light always surround you; Hope kindle and rebound you. May your Hurts turn to Healing; Your Heart embrace Feeling. May Wounds become Wisdom; Every Kindness a Prism. May Laughter infect you; Your Passion resurrect you. May Goodness inspire your Deepest Desires. Through all that you Reach For, May your arms Never Tire. Wishing You and Yours a Wonderful and Prosperous New Year"
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