E&O Prevention
Strategies for the Professional Agent
February 11, 2016 
 




  
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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. AOA is the nation's number one resource for risk management and loss prevention, highly relevant news, and agency revenue building products, services opportunities and continuing education. 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.


P itfalls of Arbitration Clauses in Employee Handbooks
By Seth L. Laver, Esq. Jessica L. Wuebker, Esq. and Caroline J. Berdzik, Esq. of Goldberg Segalla

An employee handbook is a necessary and familiar workplace fixture. A recent trend among employers is the inclusion of a mandatory arbitration clause, to avoid a jury trial in the event of employment-related litigation.  Both state and federal courts have recently grappled with the validity of arbitration clauses in the employment litigation realm, and have both concluded that such clauses are not  enforceable.  These cases serve as a reminder that an employer must be vigilant should it wish to make such a clause part of its employment policies.  Read More

Risk in Cyberattacks on Professional Services Firm
By Gregory Bautista, Esq. Wilson Elser

Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal activity follows a very specific pattern. We take this opportunity to remind all professionals of the need to be wary and skeptical of what communications they receive electronically.  Read More
  
Sellers' Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers
By Donald O'Brien, Esq. of Hinshaw & Culbertson LLP

Home sellers hired defendant real estate agent to sell their home and entered into an agreement with plaintiffs purchasers. The agreement included property disclosure statements advising of a flood in the basement in 2005 that had been repaired in 2008 and that the home had not been tested or treated for mold. Read More
  
Top 10 for 2016 - Happy Data Privacy Day
By Jason C. Gavejian, Esq. of Jackson Lewis P.C.

In honor of Data Privacy Day, we provide the following "Top 10 for 2016."  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016.  Read More 
  
10 Things To Consider To Avoid Having An E&O Claim
By Angelo J Gioia, AgentsofAmerica.ORG

Document Your Files & Put It In Writing
It is important all discussions, phone conversations and meetings with your clients and prospective clients be documented. You should review your notes from meetings or telephone conversations with your clients. Summarize main points and responsibilities. Noting who said what and is responsible for what and noting the timelines, deadlines if any and noting expiration dates to complete the request at hand.    Read More  


Two lawsuits, filed four years apart and involving different theories of liability, involved Interrelated Wrongful Acts and constituted a single Claim first made outside the policy period. W.C. & A.N. Miller Dev. Co. v. Continental Casualty Company, No. 14-2327 (4th Cir. December 30, 2015). 

Appellate Court Affirms That Mode of Operation Does Not Apply
By Gregory D. Speier, Esq., of Marshall Dennehey Warner Coleman & Goggin P.C.

In Troupe v. Burlington Coat Factory, A-1687-14T4, 2016 N.J.Super. LEXIS 17 (App. Div. Jan. 26, 2016), the plaintiff slipped on a berry and fell in an aisle near the children section within Burlington Coat Factory. Upon the defendant's motion for summary judgment, the motion judge found that the defendant did not breach a duty of care as there was no actual or constructive notice by Burlington of the berry prior to the plaintiff's fall.   Read More

Small Business California Looks to Introduce Legislation To Change Accord Application
By Scott Hauge, President of Small Business California

I am sure all insurance broker/agents and their staff have completed an Acord Workers' Compensation application. How do you answer the following questions?
  1. Any employees under 16 or over 60?
  2. Any employees with physical handicaps?

Inquiring Minds and the FMLA
By Ryan J. Kohler, Esq. and Lisa L. Peterson, Esq. of Collins Collins Muir + Stewart LLP

Complying with the many provisions of the Family and Medical Leave Act (FMLA) is a concern for even those well-versed in the Act. Recently, the Ninth Circuit Court of Appeals clarified when the FMLA applies, and spelled out an affirmative duty of the employer to inquire and confirm if an employee wants to take FMLA leave if eligible.   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
 
 
AgentsofAmerica.ORG  newsletter  is   FREE!    Also, if you have any thoughts, comments or suggestions, please Contact Us. We also would like to extend an invitation for you to join AOA's LinkedIn group at  AGENTS OF AMERICA

"Bringing the Best Together"
Angelo J Gioia
Publisher

"We must either find a way or make one." - - Hannibal


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