E&O Prevention
Strategies for the Professional Agent
June 23, 2016 
 





Projected Half-Year Catastrophe Losses
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AOA News, Views, Tips & More
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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.
Fighting Cybercrime With Actionable Insights

Cybercriminals use hacked or misrepresented information to exploit flaws in your business processes for their gain. Meanwhile, you suffer the consequences in the form of financial losses and damage to your reputation.

Download this infographic to learn about a solution that can help you identify and disrupt cybercriminals CLICK HERE

Is Data Really a "Toxic" Asset?
By Richard Lutkus, Esq., Natalya Northrip, Esq. and Jaime Raba, Esq. of Seyfarth Shaw LLP

In his  "Data Is a Toxic Asset"  blog post, Bruce Schneier argues that data is a toxic asset and that the lesson all the recent data breaches are teaching us is that storing this asset is "dangerous," because it makes companies vulnerable to hackers, the government, and employee error. Schneier suggests addressing data breaches through stronger regulation at every stage of the data lifecycle and through personal liability of corporate executivesRead More

Big Data in the Insurance Industry
By Jay DAprile of Slayton Search Partners

It's no secret that, since the moment the first email was sent in 1971, technology has been one of the most disruptive game changers in every industry, from manufacturing to financial services to consumer products. For the insurance sector, this is especially true; and, in particular, no technology has been - or continues to be - quite as transformational as big dataRead More
   
Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers
By Donald A. O'Brien Esq. of Hinshaw & Culbertson LLP

Schmidt v. I ndiana Insurance Co., No. 22S01-1507-PL-412, Supreme Court of Indiana, December 2, 2015
Plaintiff was the owner of a house in which he allowed his cousin to live from 2007 to 2009. When the cousin moved out, he abandoned animals in the house. The County Health Department and Animal Control investigated and found the house covered in feces, fleas and garbage and removed two emaciated dogs and one dead dog. The Health Department condemned the property and declared it unfit for human habitation Read More
   
By Joseph P. Breen, Esq. of Gordon Rees Scully Mansukhani, LLP

When can an employer discipline an employee who uses social media to distribute content online that could be detrimental to the employer's business interests? The answer, of course, is "it depends."  Read More
  
Duties of the Unintended Email Recipient
By Seth L. Laver, Esq., Jennifer M. Mannion, Esq. and Christopher G. Floreale. Esq. of Goldberg Segalla

Model Rule of Professional Conduct 1.6(c) provides that "A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure" of client information. Generally that isn't too difficult but things get complicated when it comes to electronic communication. Over 220 billion e-mails are delivered each day. According to reports, e-mail remains the most "pervasive form of communication in the business world."  Read More


The General Data Protection Regulation (GDPR or Regulation) has been approved by European Union (EU) members as well as the Council of Europe and, at the time of writing, the draft Regulation is before the European Parliament for consideration and approval. Work has already begun to be ready for 2018 implementation.  Read More

By Robert J. Fitzgerald, Esq., of Marshall Dennehey Warner Coleman & Goggin, P.C.

In its most recent decision in Jennie Rosario v. State of New Jersey, 2016 N.J.Super. Unpub. LEXIS 165 (App. Div. Jan. 28, 2016), the Appellate Division has upheld personal animosity as a defense to compensability in a workers' compensation case. The underlying facts of the case were not in dispute. The petitioner was an employee of DYFS, and on May 23, 2007, as she was leaving her office to get into a state-owned vehicle to perform her duties as a field case-worker, her ex-husband violently assaulted her.  Read More

New Guidance on Employee Wellness Programs
By Yoora Pak,, Esq. and Janice P Gregerson, Esq. of Wilson Elser 

Employee wellness programs are becoming increasingly popular in the workplace as a way to boost employee morale and increase productivity. If not carefully crafted, however, employee wellness programs can run afoul of Title I of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).    Read More

Attorneys Who Intentionally Breach a Fiduciary Duty May Owe Counsel Fees to a Nonclient
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.
 
In Innes v. Marzano-Lesnevich, 2016 N.J. LEXIS 331 (N.J. Apr. 26, 2016), Plaintiff Peter Innes and his wife, Maria Jose Carrascosa, were involved in a contentious divorce and custody battle over their daughter Victoria. Innes is a citizen of the United States and a resident of New Jersey. Carrascosa is a Spanish national and a permanent resident of New Jersey.  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 Also check out their new videos Consumer Reference on Insurer Financial Analysis and Thoughts on Insurer Financial Analysis
 
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.

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

Ernst & Young
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  

Deloitte
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

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Angelo J Gioia
Publisher

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