E&O Prevention
Strategies for the Professional Agent
March 10, 2016 

Insurance Agents E&O Programs CLICK HERE 

AOA News, Views, Tips & More
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Dear (Contact First Name),

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.
2016 Excess & Surplus Lines Laws
We are happy to provide the  2016 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
Demotech Sponsors Upcoming FAIR Conference
The Role of Catastrophe Reinsurance in a Wind Exposed Region

Join reinsurance companies, ratings agencies, representatives of Citizens Property Insurance Corporation, property and casualty insurance groups and other industry experts on April 28, 2016 from 9:00 a.m. to 4:30 p.m. in Tampa, Florida . For additional information  the event or to purchase your ticket Online CLICK HERE or contact Michael Siska at msiska@floridainsurancereform.org  - (754)200-4623

Wrongfully Reviewed? Risks of Performance Review Process
By Seth L. Laver, Esq, Jessica L. Wuebker, Esq. and Stacey Pitcher, Esq. of Goldberg Segalla

Performance reviews are a necessary step in the path to ensuring a team of productive employees.  However, as illustrated by a series of recent lawsuits filed by Yahoo employees against the internet giant, performance reviews are not without risks to the employers who administer them. In one such suit, an employee alleges that he and approximately 600 other Yahoo employees were unfairly fired based upon an allegedly unfair performance evaluation system, and were terminated without the notice required by federal and state laws, including the Worker Adjustment and Retraining Notification Act (WARN).  Read More

Liability of Insurers and Insurance Agents For Inaccurate Representations As To Policy Coverage - Part Two
By Alan Jampol, Esq. of Jampol Zimet LLP

Representations As To Policy Coverage - Part Two 

To Read Part One,  CLICK HERE

Part One of this two-part article discussed the potential liability of an insurer for the erroneous statements about coverage made by its agent to a purchaser of insurance. Part Two discusses the contention that the insurance agent is personally liable for such erroneous statements, at least where the agent did not intend to defraud the client.  Read More
Overview of Insurance Agents Professional Liability in Ohio
By David J. Oberly, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.

Key Points:
  • Insurance agent liability is on the increase.
  • Insurance agents are now viewed as professionals and fiduciaries with insurance expertise.
  • To combat claims against insurance agents, a close relationship with defense counsel is advisable.
In recent years, several factors have combined to cause a significant increase in the amount of litigation instituted against insurance agents.  Read More
A Common Standard for Evaluating Cyber Risk - Insurers Walk the Walk
By Molly McGinnis Stine, Esq, and John F. Kloecker, Esq. of Locke Lord LLP

Insurers have struggled to find a common baseline to measure cyber risks. Changes in technology, hacking and other data security risks and the shifting legal landscape concerning liability for data breaches have made the terrain particularly uncertain. Because of the unique and changing nature of cyber risks, current risk models used for pricing and measuring risk aggregation do not provide the level of confidence insurers want and need.  Read More
Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can't Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees
By Douglas G.A. Johnston, Esq. of Jackson Lewis P. C.

A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer's discovery obligations. At the same time, the Court ruled that an employer cannot be compelled to produce business-related emails from the personal email accounts of its employees.   Read More

By Joseph Monteleone, Esq. of Rivkin Radler LLP

One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a "bright line" cut-off date after policy expiration. These cut-off dates were generally thirty (30) or sixty (60) after policy expiration.   Read More

New Jersey Supreme Court Holds That Late Notice Destroys Coverage Even without Prejudice
By Robert D. Chesler, Esq., Steven J. Pudell, Esq. and Janine M. Stanisz, Esq. of Anderson Kill P.C.

In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., No. 074572, 2016 N.J. LEXIS 144 (Feb. 11, 2016), the New Jersey Supreme Court confronted a claims-made directors and officers policy that required the policyholder to provide notice "as soon as practicable." The policyholder provided notice during the policy period as required - six months after receiving the claim. The policyholder did not provide an explanation for the delay. The Supreme Court held that the six-month delay was not notice "as soon as practicable," and upheld the insurance company's denial of coverage.  Read More

Joint Employer Standard Continues to Expand
By  Philip R. Voluck, Esq., Keith J. Gutstein, Esq. & Jessica Tischler, Esq. of 
Kaufman Dolowich & Voluck, LLP


In a step that will certainly increase the number of cases where the United States Department of Labor's Wage and Hour Division (the "WHD") will find employers to be "joint employers" (i.e., two or more companies who together hire or control the employment of one or more employees), the WHD has issued new guidance on the appropriate standard to determine the existence of a joint employment relationship to establish liability for Fair Labor Standards Act ("FLSA") violations.   Read More

Manager's 'Inexcusable and Offensive' Conduct Does Not Rise to Level of Unlawful Discrimination
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.
In Tourtellotte v. Eli Lilly & Co., 2016 U.S. App. LEXIS 521 (3d Cir. Pa. Jan. 13, 2016), Margaret Tourtellotte, Karla Krieger and Ana Reyes, all former sales representatives for Eli Lilly, filed a lawsuit alleging their supervisor, Rowland, engaged in unlawful conduct. Two of the women, Tourtellotte and Reyes, took medical leaves to treat depression and anxiety they claimed were caused by the stress of working under Rowland. All three were terminated in 2008.  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
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