E&O Weekly Prevention
Strategies for the Professional Agent
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August 30, 2012


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Letter from the Editor
This week edition of AOA E&O Prevention:  


Table of Contents     


Dear Facebook, Today I Had A Job Interview                                          

By Nicole Davis Tinkham, Esq  &  Eric Brown, Esq.


By Joe Monteleone, Esq. 


By Philip B. Rosen, Esq., Richard Greenberg, Esq., Christopher M. Valentino, Esq., &  Jeffrey W. Toppel, Esq.


Connecticut Supreme Court Rules Overdose of Prescription Medications Constituted an Intervening Event in Workers' Comp Claimalifornia Supreme Court Reaffirms Qualified Work Product Protection of Witness Statements

By Douglas Connors Esq & James D. Kuthe Esq.



We also would like to extend an invitation for you to join AOA's LinkedIn group at AGENTS OF AMERICA. Also our affiliated Insurance Open Network, a LinkedIn open networking group for all insurance professionals.
AgentsofAmerica.ORG 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.
Also available is our most recent edition of "AOA Tips, Views, News & More," including our new feature "Insurance Resources."  Remember to tell your friends and business associates that membership in AgentsofAmerica.ORG is FREE! Also if you have any thoughts, comments or suggestions, please email me at info@agentsofamerica.org.  


"Bringing the Best Together"

Brit Weimer 



AOA News, Views, Tips and More


Insurance Coverage Tip

By Alison Slezak of Martin & Company




Medical Identity Theft: A Growing Concern for Healthcare Providers


Identify Theft has been a hot topic in recent years, forcing consumers to think twice before releasing their personal financial information in light of the latest high profile privacy breaches. However, what most consumers do not realize is that a breach in healthcare information can be even more damaging.


As a victim of Medical Identity Theft, consumers may face a host of breach issues including denied insurance because their medical records indicate a condition they do not have, calls from debt collectors for medical services they did not receive, credit reports that contain medical collection notices that were not caused by them, etc.


Because of the lasting effects Medical Identity Theft can cause, healthcare providers feel great pressure to protect this sensitive and highly valuable information. The Medical Protective Company recognized a need in the market and recently introduced CyberShield, their new cyber liability coverage. CyberShield is available to all Physicians & Surgeons Policies at no additional cost. In the event of a Medical Data Breach, this new coverage provides Network Security & Privacy Insurance, Regulatory Fines and Penalties Insurance, Patient Notification and Credit Monitoring Costs Insurance and Data Recovery Costs Insurance.


To view more "hot trends" in the Property & Casualty Insurance Marketplace, visit:

Martin & Company's Market Trends & Updates.



Social Media Tip

By Cynthia Cavoto of Firebrand Social Media


Making Money With Articles: Optimal Article Length


When choosing an article for your website, make sure that it is a length that is optimal for search engine optimization efforts. Articles that are as short as 200 words or as long as 500 words should fit into this category. Even if search engine optimization is not your goal, it is still a good idea to keep your articles at this length for your reader's sake. They are likely to not finish your page if it is any longer. This could leave them Kith only half of the information you wanted them to have or leave them with the impression that your site is too "wordy". Most Internet readers do not read a website page as they would a book, so the shorter the better. Even if this means splitting one long idea into 4 or 5 pages. Be sure to label them so that the reader can pick and choose which part they want to read or so they know what is coming up next to help them determine if they want to continue reading.


This month's EBook is entitled, "Is SEO Dead?"


Each month, we will feature a brand new Social Media EBook that contains valuable information on how you can harness the power of social media. Each featured EBook will contain a wealth of information that will include such topics as Facebook, LinkedIn, Twitter, Email and Blogging to name a few. Contact Cynthia at cynthia@agentsofamerica.org. or cynthia@firebrandsocialmedia.com



 Results of Last Week's Poll Question 


Is providing your sales and service staff (producers / CSR's) with quality sales training over the next year a "top 3" priority?


a) Definitely                                                                                     76%

b) Yes but don't where to go to find this type of training                       18%

c) Yes but good sales training is too expensive                                    6%

d) No, I have other priorities                                                                0%


This Week's Poll Question


Does your agency have a written procedure on how to handle claims, lawsuits sent to you by your clients/insureds





A1Dear Facebook, Today I Had A Job Interview

By Nicole Davis Tinkham, Esq  &  Eric Brown, Esq.


Well we've had a chance to go over what you submitted, and your references check out. You're on the short list for the position in Purchasing. I only have three more questions. How many married people, exactly, have you had secret crushes on? (Don't include celebrities.) Did it affect your college GPA when your sexual preferences switched back that second time? And your last eight election votes seem rather inconsistent, don't you think?











A2E&O - Professional Liability - Antitrust Exclusion Applies Despite Insured's Argument That it Was Trumped By Expectation That its "Core Business" Was Insured

By Joe Monteleone, Esq.  


An expectation of coverage is sometimes argued by insureds in addition to, and sometimes in the absence of, a reasoned argument that coverage should apply based upon a straightforward interpretation of the policy terms and conditions. A recent decision from the District of Massachusetts, The Saint Consulting Group, Inc. v. Endurance American Specialty Ins. Co., C.A. No. 11-11279-GAO, (D. Mass, March 30, 2012) is illustrative of why such arguments often do and should fail. A copy of the decision can be found [here].






Firebrand Social Media   




By Philip B. Rosen, Esq., Richard Greenberg, Esq., Christopher M. Valentino, Esq., & Jeffrey W. Toppel, Esq. of Jackson Lewis LLP    


The National Labor Relations Board ("NLRB") has ruled that an Arizona hospital violated the National Labor Relations Act ("NLRA") just by its human resources consultant asking employees interviewed in connection with an internal investigation not discuss the matter with their co-workers while the investigation was ongoing. Banner Health System d/b/a Banner Estrella Med. Ctr., 358 NLRB 93 (July 30, 2012). The Board's ruling clarifies that an employer's mere suggestion (as opposed to a mandate) to employees that they not speak to others regarding an internal investigation could interfere with, restrain or coerce employees in the exercise of their Section 7 statutory rights, and thereby violate Section 8(a)(1) of the NLRA. Section 7 protects the rights of both union and non-union employees to engage in "concerted activities" for their mutual aid and protection, and includes discussions among employees concerning their terms and conditions of employment. This is the latest in a growing number of decisions from the Board expanding the scope of Section 7's protections for employees in both union and non-union workplaces.






article4Connecticut Supreme Court Rules Overdose of Prescription Medications Constituted an Intervening Event in Workers' Comp Claim

By Douglas Connors Esq & James D. Kuthe Esq. 


In a far-reaching decision that will benefit workers' compensation carriers in Connecticut, the Connecticut Supreme Court in Sapko v. State of Connecticut et. al., SC 18680, held that the superseding cause doctrine applies to certain cases under the Workers' Compensation Act C.G.S 31-275 et seq. The Court further opined that a claimant's overdose of a prescription medication cocktail (that included prescriptions taken for unrelated work injuries) broke the chain of proximate causation between the claimant's compensable work-related injury and his death. 

This newsletter is produced in conjunction with Agents of America, www.agentsofamerica.org. The contents of which may not be reproduced without the express written permission of Agents of America. Copyright 2012