E&O Prevention
Strategies for the Professional Agent
August 4, 2016 

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.
What is cyber threat analysis?
i2 Enterprise Insight Analysis helps the analyst see the forest through the trees. Analysts' using i2 EIA will discover that these events are all related. All the anomalies are connected to DHCP servers initially infected by malware.   CLICK HERE

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Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance
By Todd M. Rowe, Esq. of Tressler LLP

Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates are too low because many data breaches are not reported. In fact, the "real number" of exposed personal records is estimated to exceed more than a half billion.  Read More

Pokémon GO: New App Creates Risks For Employers
By Karla Grossenbacher, Esq and Parnian Vafaeenia. Esq. of Seyfarth Shaw LLP

Your employees may be on a quest to catch 'em all. Over 15 million people have downloaded the Pokémon GO game since its release two weeks ago. In this augmented reality game, players use their mobile devices to catch Pokémon characters in real-life locations captured by the camera in a user's cellular phone. Though the game is very popular with Pokémon GO players, employers may not like the game quite so much.  Read More
Employer Can Terminate for Opposing Views on the Handling of Bias Complaints
By Marc Zimet, Esq. of Jampol Zimet LLP

The U.S. Court of Appeals for the 2nd Circuit recently held that the former director of the New York State Department of Labor could not sue for retaliation after she was fired for opposing how the department handled bias complaints.  Read More
By Wendy Sugg, Esq. and Seth Ford, Esq. of Troutman Sanders LLP

Online forums where anyone can post comments, reviews, or opinions about a company are growing in popularity.  As a result, employers are finding postings by former employees who may have left on "bad" terms and now share their unhappy feelings with the world.  Often such postings - while annoying and potentially embarrassing - are well within an employee's rights.   Read More
Law Firm's Suit against Partner over Domain Name Highlights Essential Control of Proper Registration
By Adam R. Bialek, Esq. and Alex Kaplan, Esq. of Wilson Elser

Partners in a business rarely title real property in the name of one individual partner. Businesses do not let employees title bank accounts for the business in their individual names. Yet, when it comes to domain names, businesses often are lax in the structure of the ownership, allowing an information technology (IT) professional, a vendor or someone else to register the domain name.  Read More

By Seth L. Laver, Esq. Timothy M. Gondek , Esq. and Latha Raghavan, Esq. of Goldberg Segalla

We appear to be in the midst of a new fitness renaissance.  Trendy fitness programs such as CrossFit, Zumba and SoulCycle dominate social media mentions, while many others stick with tried and true exercise favorites such as running, swimming, biking, yoga, or a gym membership.  Workouts and personal records are celebrated on people's blogs, Facebook pages, and Instagram accounts.  Read More

OCR Announces New HIPAA Guidance on Ransomware
By Gregory Fliszar, Esq. and J. Nicole Martin, Esq. of Cozen O'Connor

In response to the increasing prevalence of ransomware cyber-attacks by hackers on electronic health information systems in hospitals and medical practices, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced on Monday July 11, 2016 its publication of new HIPAA guidance on ransomware ("Ransomware Guidance").  Read More

Bitcoin, Blockchain and Insurance: New Tech, Old Rules
By Stephen D. Palley, Esq. of Anderson Kill P.C. 

Bitcoin is a kind of digital cash. Transactions are fast and free (if a trading platform isn't used). They can take place globally in close to real time. No bank? No problem. Bitcoin is "peer-to-peer": no middlemen are needed to process payments. Transactions are recorded publicly on the "blockchain," which is like a distributed electronic ledger.    Read More

Supreme Court of Texas Rules That Coverage Was Precluded By Policies' "Leased-In Worker" Exclusion
By Robert Tugander, Esq. of Rivkin Radler LLP
The Supreme Court of Texas has ruled that a "leased-in worker" exclusion in commercial general liability insurance policies precluded coverage of a claim brought by parents whose son had died in an accident on a drilling rig 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 Ratings® (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
Announcing Cyber Insurance News

Cyber Insurance News is the industry's new meeting place for cyber insurance professionals.  It is a leading resource for Cyber Insurance and Security for cyber risk news and information. A meeting place for insurers, insurance producers, defense counsel, and security consultants to meet and be able to share their products, company information and use as a medium to engage their clients. For more information  CLICK HERE

Crittenden Inside Insurance Report
Crittenden's Inside Insurance Report offers readers vital analysis of commercial insurance including the excess and surplus, medical professional liability, and main street markets. This report provides readers with in-depth, behind-the-scene information on specific programs and segments, pertinent financial information, and predictions of market trends and carriers' actions. Inside Insurance is an invaluable resource for producers who want details on which carriers are actively writing coverage, their target markets and underwriting details. With our service you can effortlessly build leads and relationship while remaining abreast of the market and the competition. For additional information  CLICK HERE  or call (800) 421-3483

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  

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

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