E&O Prevention
Strategies for the Professional Agent
May 5, 2016 
 





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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.
GLOBAL DATA BREACH GUIDE, 2016
The Updated and Expanded Second Edition Is Now Available

The World Law Group Global Guide to Data Breach Notifications, 2016 provides the essential information every organization needs to know when facing a data breach in one or more countries. Produced by the WLG's Privacy & Data Protection Group, this guide provides summaries of relevant law, data breach reporting requirements, contact information for relevant data protection authorities and more, currently for 60 countries worldwide.


Plus, on this website you will find reports on new data breach developments, in-depth articles and analyses from the World Law Group's 54 member firms around the world, as well as alerts about and links to top events globally for professionals involved in privacy and data protection. CLICK HERE

What's Covered and How Much Does It Cost?
Joseph L. Petrelli, ACAS, ASA, MAAA, FCA, President, Demotech, Inc. 

When providing insurance quotations from several markets for an existing insured or a potential new client "What's covered" and "How much does it cost" are the two questions an insurance agent or broker are asked most often. Whether you are focused on personal lines customers, commercial accounts, life or health products evaluating the relative value of insurance coverage in exchange for the premium can be difficult to explain.  Read More

Insurance Producer Had No Duty to Review Insured's Application for Replacement Coverage and Explain the Application to the Insured
By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP

Plaintiff was the occupant of a warehouse/office space where a portion of the roof was made of PVC membrane that had not been replaced since 1993. The remainder of the roof was "tar and gravel" and had been the subject of an insurance claim in 2001 due to leaking. Contractors in 2001 recommended, after repairing leaks, that the roof be replaced.  Read More
   
When Cyber Claims Arise, Don't Overlook Traditional Insurance Coverage
By Joshua Gold, Esq. of Anderson Kill P.C.

A decision handed down by the Fourth U.S. Circuit Court of Appeals this week highlights that traditional insurance policies still provide valuable insurance coverage for data breaches and other cyber-related losses.  Read More
   

The New York Appellate Division, Second Department on April 6, 2016, reaffirmed in Provencal, LLC v Tower Ins. Co. of N.Y, 2016 N.Y. App. Div. LEXIS 2529, 4-5 (N.Y. App. 2d Div. Apr. 6, 2016), that whether an insurer will be precluded from raising an exclusion omitted in the insurer's initial disclaimer in a property damage case will be governed by the common law principles of waiver and estoppel rather than strict standards imposed on an insurer under Ins.  Read More
  
Cyber Risks for Contractors
By Seth L. Laver, Esq., Michael P. Luongo, Esq., and Latha Raghavan, Esq. of Goldberg Segalla

Professional have become increasingly reliant on digital technology to run their practices.  This digital revolution has reshaped the way that many professionals operate and has allowed professionals to better service their clients.  At the same time, reliance on technology has created new areas of exposure for professionals.   Read More

 
By Alan Meneghetti, Esq., Natasha Ahmed, Esq. and Philippa Townley, Esq. of Locke Lord LLP

What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that "there is no question that law firms are among the companies being targeted by cyber criminals." Despite this, many law firms believed (or just did not feel the risk significant enough) that they were unlikely to be the target of a cyber-attack.  Read More

By Clifford R. Atlas, Esq., Peter R. Bulmer, Esq. and Erik J. Winton, Esq. of Jackson Lewis P.C.

For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act ("DTSA"), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it "strongly supports" the legislation. The DTSA will become effective upon the President's signature and will apply to any misappropriation of trade secrets that occurs on or after the date it is signed by the President.  Read More

Fourth Circuit Holds Coverage Allowed for Data Breach Under Commercial General Liability Policy
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.

In Travelers Indemnity Company of America v. Portal Healthcare Solutions, L.L.C., No. 14-1944 (4th Cir. (Va.) April 11, 2016), Travelers Indemnity Company of America appeals from an order entered in the Eastern District of Virginia directing it to defend its insured, Portal Healthcare Solutions, L.L.C., against a civil lawsuit pending in New York state court.  Read More

Limitations on a Realtor's Duty to Warn in New Jersey
By Iram P. Valentin, Esq. and David J. Gittines, Esq. of Kaufman Dolowich & Voluck, LLP
 
Clawing back on the ever-expanding duties imposed on those selling real estate in New Jersey, the Third Circuit Court of Appeals recently ruled that there is no affirmative duty by a developer's sales agent to warn a potential home buyer of a "neighbor from hell."  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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"Bringing the Best Together"
Angelo J Gioia
Publisher

"He who makes no mistakes never makes anything." English Proverb


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