E&O Prevention
Strategies for the Professional Agent
July 21, 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?
The average organization faces 1,400 cyber-attacks in 1 week. A single cyber breach can go undetected for up to 8 months and it can cost you up to $11 million. Download this infographic to learn how a cyber threat analysis can help you prevent this from happening to your organization.  CLICK HERE
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

Screening For Psychopaths - Managing the Front End of Workplace Bullying
By Justine Turnbull, Esq. and Shomaice Zowghi, Esq. of Seyfarth Shaw LLP

When it comes to managing bullying in the workplace, the focus tends to be on dealing with the bullying behavior after it has occurred or at least after the bully has started work. But are there ways to stop bullies from being recruited in the first place?  Read More

Negative Online Reviews: The Best Defense
By Geoffrey Belzer, Esq. of Wilson Elser

A recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp┬« reviews about medical care. The issue of how a professional can (or should) respond to negative online reviews is not limited to physicians or medical facilities. While attorneys are not subject to HIPAA, they are all well aware that attorney-client communications are privileged and confidential and only the client can waive that privilege.  Read More
   
Cyber Attacks Reach Subrogation
By Lisa Myers, Esq. of Cozen O'Connor

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows.  Read More
   
By Michael Mercer, Ph.D.

Managers and executives must do everything possible to avoid hiring slackers. Your company and career depend on keeping slackers off your payroll and also hiring highly productive employees.   Read More
  
Stating a Claim for Negligent Misrepresentation for a Design Professional's Supply of Information
By Gregory J. Kelley, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.

The False Information Need Not Be Expressly Misrepresented, and How Specific the Allegations Must Be Remains Subjective. Key Points:  Read More

By Alan Meneghetti, Esq. of Locke Lord LLP

In immediate response to the outcome of the recent referendum in the United Kingdom (UK) to leave the European Union (EU), the UK's data protection regulator, the Information Commissioner's Office (ICO) released the following statement confirming the UK's current and future position:  Read More

The FCC Rules Federal Government (and maybe its Contractors) Are Immune from the TCPA
By Petrina Hall McDaniel, Esq. of Dentons

The Federal Communications Commission (FCC) issued its highly anticipated declaratory ruling on July 5, 2016 in which it determined that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of the federal government when such calls are made for official purposes.  Read More

Compliance Date Nears for OSHA's New Recordkeeping Anti-Retaliation Rule
By Nickole C. Winnett, Esq. of Jackson Lewis, P,C, 

Employers must ensure they are in compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration's new electronic recordkeeping and reporting rule by August 10, 2016. The rest of the new regulation requiring certain employers to submit injury and illness data electronically to OSHA becomes effective on January 1, 2017.    Read More

California Court Clarifies the Assignability of Negligence Claims Against an Insurance Broker and the Superior Equities Defense to an Insurer's Subrogation Claim
By Alan Jampol, Esq. of Jampol Zimet LLP
 
In Amco Insurance Company et al. v. All Solution Insurance Agency, LLC (2016) 244 Cal.App.4th 883, the California Court of Appeal for the fifth District held that an assignment of a negligence claim against an insurance broker is valid and that unless the assignee is also the insurer of the policyholder and paid the policyholder's claim, the superior equities rule does not bar the claim 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
 
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  

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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"Bringing the Best Together"
Angelo J Gioia
Publisher

"You have to trust in something - your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life"   Steve Jobs, Entrepreneur

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