E&O Prevention
Strategies for the Professional Agent
April 7, 2016 

Allied Health: Nurses 

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

AgentsofAmerica.ORG  mission is " Bringing the Best Together" we are committed to selecting and delivering highest level of content dealing with both topical issues and subject matter, including offering products, information and services that will not only save you time but also create more revenue opportunities. We are an organization dedicated to the personal and professional growth of insurance agents.   The key to your success and "Avoiding E&O Claims" is understanding what is important to you and more importantly understanding protecting and enhancing your three most important assets: Agency Reputation, Client Base, and Staff

Thru our partnership, alliances and affiliations with the industry leading experts and providers, AOA has become one of the nation's leading resources for connecting agents with industry professionals, highly relevant news, agency revenue building products, risk management & loss prevention services, career opportunities and continuing education.  For more tips, news, views and resources for your insurance agency, visit   Agents of America  and subscribe to our newsletter.
The 2016 Sensor Data Survey  "Disrupt or be disrupted"

Ernst & Young surveyed senior executives from nearly 400 insurers around the globe, the survey addressed both current practices and plans for tomorrow. The results make clear that forward-looking and top-performing insurance organizations are already innovating with telematics, wearable technology and sensor data, though not to the extent of leaders from other sectors. Why is sensor data so important to insurers in particular? On the strategic front, it presents a clear and compelling opportunity to reengineer the fundamental value proposition through transformative product innovation to benefit customers and shareholders.  CLICK HERE

Demotech Sponsors Upcoming FAIR Conference
The Role of Catastrophe Reinsurance in a Wind Exposed Region

Join reinsurance companies, ratings agencies, representatives of Citizens Property Insurance Corporation, property and casualty insurance groups and other industry experts on April 28, 2016 from 9:00 a.m. to 4:30 p.m. in Tampa, Florida . For additional information  the event or to purchase your ticket Online CLICK HERE or contact Michael Siska at msiska@floridainsurancereform.org  - (754)200-4623

Insurance Agents Liable for Submitting Application With Incorrect Information That Client Signed Without Reading
By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP 

The Tennessee Supreme Court, in a case of first impression, recently held that insurance agents may be held liable to insureds for breach of contract for failure to procure an incontestable life insurance policy due to the wrongful conduct of the agent in submitting an application containing incorrect material information. Morrison v. Allen, 2011 WL 536593 (Tenn. Feb. 16, 2011). It was admitted that the insureds did not read the application before signing it.  Read More

The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies
By Lillian Chaves Moon, Esq. of Jackson Lewis P. C.

In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on their employees.   Read More
Is Cannabis Inventory Covered by Commercial Property Insurance?
By Adam J. Detsky, Esq. of Wilson Elser

A lingering question for the growing cannabis industry has been to what extent insurance could, would or should cover product inventory. Now we have a preliminary answer thanks to a recent decision denying summary judgment to an insurer of a cannabis business in response to bad faith claims brought against it by its insured Read More
By Seth L. Laver, Esq., Michael P. Luongo , Esq. and Gary A. Marshall, Jr. Esq. of Goldberg Segalla

Had a great vacation? Post it on Facebook. Fun surfing? Post that too. Swam some laps while on FMLA leave due to a shoulder injury? You should probably keep that one to yourself. Employers continue to struggle with balancing their own marketing interests with the interests of employees in maintaining a social media presence.  Read More
Top 10 Financial Institution Considerations for 2016: #4 - Data Security and Privacy
By Joseph E. Silvia, Esq., Bart W. Huffman, Esq. and Charles M. Salmon, Esq. of Locke Lord LLP

In our initial article announcing our top 10 considerations for financial institutions in 2016, which can be found here, our fourth consideration was data security and privacy. While the recent focus has been on cybersecurity, it is important to remember that financial institutions remain subject to privacy requirements, and that the appropriate security of nonpublic personal information (NPPI) remains an integral component of privacy, as it always has.   Read More

By Bennett Pine, Esq. of Anderson Kill P.C.

In a recent Wall Street Journal article spotlighted research showing that in many industries, software and other forms of technology have increasingly taken over workplace functions traditionally performed by managers. Specifically, software programs performing "demand or predictive scheduling" often exert a "level of control and surveillance . . . far greater than human managers would" ("At Uber, the Algorithm Is More Controlling than the Real Boss," November 4, 2015).  Read More
By Philip R. Voluck, Esq. of Kaufman Dolowich & Voluck, LLP

Last month the EEOC announced yet another new initiative aimed at eliminating systemic discrimination in the workplace: retaliation. The agency has sought public input before finalizing new Enforcement Guidance on Retaliation, which was last updated in 1998. "Retaliation is a persistent and widespread problem in the nation's workplaces," said EEOC Chair Jenny R. Yang. "Ensuring that employees are free to come forward to report violations of our employment discrimination laws is the cornerstone for effective enforcement.  Read More

NLRB Holds Rule Prohibiting Employee Recording Unlawful
By Marc Zimet, Esq. of Jampol Zimet LLP

On December 24th, an administrative law judge for the NLRB issued a ruling in several cases, including one against Whole Foods Market, holding that an employer may not prohibit employees from recording other employees.   Read More

Arbitration Provision Must Be Sufficiently Conspicuous to the Parties
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.
The case Noble v. Samsung Electronics America, No. 15-3713 (D.N.J. March 12, 2016) involves allegations that Samsung misrepresented the battery life of one of its smart watch products. Samsung made claims that the smart watch's battery would last 24 to 48 hours without charging. Plaintiff David Noble alleged that the battery on his smart watch lasted about four hours before he had to recharge it.  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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Angelo J Gioia

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