E&O Weekly Prevention
Strategies for the Professional Agent
April 11, 2013


Compliments of Agents of America.ORG

About Us

Benefits of AoA

E&O Blog

Free eBook

Free Membership

Free Newsletter

Free Social Media EBooks

Market Solutions

Press Releases

Meet the Experts  

Editor (Chief Fire Starter)

Managing Editor 

Executive Director


Insurance Blog

Recommended Reading


Insurance Resources

A.M. Best Search
CE State Requirements
Life & Health Carriers
MGAs & Wholesalers
P&C Carriers
P&C Licensing Directory
Professional Organizations
Publishers & Publications

The 10 Best Industry Blogs


Follow Us on Linkedin

Agents of America

Insurance Open Network 



Find us on Facebook
        View our profile on LinkedIn       Follow us on Twitter

Meet the Authors

Of our Brand New Ebook


"Insurance Agents Brokers Risk Management Program"

AOA Strategic Partners 

AOA Preferred Partners

AoA Advertisers

Swett Static Ad







Firebrand Social Media

Geologix Ad
Visit AgentsofAmerica.org for more information.

284C E. Lake Mead Parkway
Henderson, NV 89015
What is AgentsofAmerica.org?
AgentsofAmerica.ORG is an Insurance Agent's Association and indispensable resource for news, products, services, education, and industry information throughout America. The organization's Mission is to deliver the BEST people, products, information, and services to Agents on a daily basis all designed to help them manage and grow their business, increase their revenues and provide ongoing value to their clients. Our motto is "Bringing the BEST Together."

AgentsofAmerica.ORG is offering a FREE MEMBERSHIP to anyone interested in learning about the valuable benefits the new organization offers. All members are eligible for additional discounts and access to an extensive array of other membership programs.
Printing Tips

If you would like to print an article from this newsletter follow these steps:

  • Click the "Read More ..." link of the corresponding article.  
  • That will get you to the article page.  
  • At the end of the article click "print this page" button to print the article. 


Letter from the Editor


Insurance Expert Curtis M. Pearsall to head up the AgentsofAmerica.ORG Learning Center

Nationally renowned Insurance Agents E&O Expert, Curt Pearsall to become Executive Director of the AOA Learning Center. The AOA Learning Center will be converting their existing education material into a variety of media to help agents manage their E&O exposure.


Insurance Agents Claims on the Rise

See Dan Meyer video on Wrin.tv, also download Dan's Chapter 1 "Insurance Producer Licensing" below



Defense attorney Dan Meyer with the O'Hagan law firm, discussed the growing trend in insurance agents professional liability, and the chapter he wrote on  licensing for a new eBook on how  to avoid E&O claims



Chapter 1, "Insurance Producer Licensing" from "Book One" is available for download                         
"Insurance Producer Licensing," written by Daniel B. Meyer, attorney at O'Hagan LLC. The first chapter begins as an insurance producer's profession begins: licensure. The authors compiled the licensing schemes from all fifty states and the District of Columbia and pulled from that compilation the common threads - the licensing requirements that are consistent across all jurisdictions of this country. They then highlight where the various jurisdictions differ, and how. The topics addressed range from age and education, pre-licensure coursework and testing, fees, and maintenance, suspension, revocation and non-renewal of producer licenses



"Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claim - Book One"!  

"A Comprehensive Guide to Avoiding E&O Claims" addresses issues that Insurance Agents & Brokers encounter every day. One of the most important assets an agent has is their reputation; it takes years to build a business and only one mistake to ruin it. "Book One" is a practicable guide and resource that every Insurance Agency should read and use as an effective risk management tool. "Book One" is now available on Barnes & Noble and on Amazon




This week's edition of AOA E&O Prevention:


Table of Contents   



ORSA in the United States - Background and Current Status


E&O - Insurance Agents and Brokers - Telephone Consumer Protection Act (TCPA) Claims


Boys Gone Wild: Rough Horseplay Can Be Same-Sex Sexual Harassment 


Four Month Leave for California Pregnancy Disability is Beginning, Not End, of Employer's Obligation



A review of the top stories on World Risk & Insurance News at WRIN.tv
Here is your opportunity to see the online video news stories you may have missed on WRIN.tv:

Click on the link above to watch the fully edited program from our On Demand Library.


For more of the online video news affecting the world of risk and insurance, visit the World Risk and Insurance News website at www.WRIN.tv.    

Also listen to Insurance Marketing Expert George Nordhaus " Monday Morning" on Predictive keyboards---Telecommuting-Best day of the year!




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." & "Recommended Reading".  Remember 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"

Angelo J Gioia



AOA Tips, Views, News & More


Complexity of Obamacare

By Aaron Peterson at CenterPointe Solutions Inc.  


In the new era of PPACA, Patient Protection and Affordable Care Act, some companies will realize the inherent inefficiencies and costs associated with their internal units and the risks these units present in terms of quantify and qualify the impacts of PPACA.  A Towers Watson study determined that 63 percent of organizations are reengineering key HRIS/payroll processes and seeking to increase alignment of their human resource strategy with their business strategy.


The management of payroll, human resources and benefit processes is generally fragmented, which leaves many employers operating in a chaotic environment plagued by many factors.  Some of these are utilizing multiple platforms and databases and inefficient manual processes.  Communication challenges between employers and vendors and employers and employees are another deficient process.  A lack of visibility into the total costs for payroll, human resources and benefits is the most common deficiency.


Access to consistent, accurate workforce data across company units is important for determining the impacts of PPACA, regardless of whether an employer decides to "play or pay" in 2014 and beyond.  The health care reform law creates a number of new compliance requirements that will impact employers and employees.  New employee counting guidelines (full-time, part-time, seasonal), employer reporting requirements, employee notice requirements, nondiscrimination requirements, automatic enrollment and fees (penalties) and "Cadillac" taxes are some of these new regulations.


Transforming process and database units into an integrated benefit administration, human resources and payroll platform optimizes organizational efficiency (direct, hidden, and opportunity costs) and prepares decision makers for the important conversations that should be taking place during 2013.


For additional information, contact Aaron at aaron@mycpsinc.com - 800-340-5856 or visit CenterPointe Solutions Inc. at www.centerpointesolutionsinc.com 



Employers Must Use Revised Form I-9 to Verify Employment Eligibility by May 7, 2013

By Phillip R. Voluck, Esq. & Anna M. Darpino, Esq. of Kaufman Dolowich Voluck & Gonzo LLP

Employment Eligibility Verification Form I-9 ("Form I-9") must be completed by all job applicants - both citizens and non-citizens - to verify the applicant's identity and authorization for employment in the United States. On March 8, 2013, U.S. Citizenship and Immigration Services ("USCIS") published a revised Form I-9. According to USCIS, the "[i]mprovements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers."


The revised version of Form I-9 must be used for employees hired or rehired after May 7, 2013. It must also be used to re-verify a non-citizen's work authorization that expires after May 7, 2013. Employers are encouraged, however, to start using the revised Form I-9 now for all hires and re-verifications.


When employers begin to use revised Form I-9, USCIS encourages employers to provide job applicants with the one-page instructions along with the two-page form. USCIS also suggests that the two-page form be printed on both sides of the same piece of paper to avoid lost pages. The revised Form I-9 can be accessed in English and Spanish on the USCIS website: www.uscis.gov.


For more information on this matter, please contact Philip at  pvoluck@kdvglaw.com - 

 (215) 461-1100 or Anna at adarpino@kdvglaw.com -  (215) 461-1100



Leverage Email to Get a Response When Your Prospect Has Gone Dark

By Mark Hunter "The Sales Hunter"


The number one thing you can do to get a contact to respond if they have gone dark is to make it easy for them to be honest with you.


Nothing is more frustrating than when you have a hot prospect simply go dark.

I've had it happen a million times, even when all the buying signals are a go! It can happen out of nowhere and it happens to the best of the best.

What we all have to remember is that there are a number of reasons it can happen: a change in priorities, stakeholder changes, a competitor is in deeper, you are simply helping them justify a competitor, personal illness or family matter, budget changes, etc.

No matter what the reason and no matter how painful the answer, it is always better to know what is going on than to twist in the wind.


So, how do you unlock this highly valuable information?


Step 1: Make it easy for them to be honest

So many times the biggest barrier to getting info is the fact that your contact does not want to be the bad guy. They don't want to have to tell you bad news, whether it is a delay or the deal has gone south. Your job it to remove their guilt and make it beyond easy for them to give you the info you want.

Step 2: Leverage a subject line that is compelling

The biggest mistake I see over and over is a subject line that is inappropriate. The all-time worst subject line is: "Checking in."

"Checking in" screams, "I WANT TO SELL YOU SOMETHING!" Your prospect immediately knows you want something from them and it's something they either can't or don't want to give you.

Step 3: Get to the point

If you want something from a contact that has gone dark, fewer words are going to be more. There is no room to be flowery, apologetic or clever. Just get to it.


The example below is one I've used for years with a huge success rate:


Subject Line: Guidance please

Hi John -

Would be so kind to provide me some guidance, as I do not want to be a bother and will gladly follow your direction. Which of the below describes where we are at:

      • I'm ready to chat now.
      • Please check back in 4 weeks.
      • We are no longer interested.


Be sure to check out tomorrow's blog as it will continue this series on email prospecting.


Guest post written by Beth Mastre, Vice President Strategic Development for The Sales Hunter. For the past 20+ years, Beth has honed her email marketing skills, not only out of sheer necessity, but also because she is passionate about connecting with people and helping them succeed. Beth's experience and knowledge on this topic is truly second to none. Her experience is invaluable to The Sales Hunter and to other clients who look to her for guidance and advice. You can email her or call her at 402-614-7080.

For additional information, contact Mark at 402.445.2110 or Mark@TheSalesHunter.com

Copyright 2013, Mark Hunter "The Sales Hunter." Sales Motivation Blog.





ORSA in the United States - Background and Current Status

By Huggins Actuarial Services, Inc.


More Alphabet Soup - What is ORSA?:


If you are familiar with RBC, EBITA, BCAR, and SOX, there is another acronym that you will need to learn to love: ORSA. ORSA stands for Own Risk and Solvency Assessment and it is part of an international regulatory effort to enhance the internal risk management of insurers with an end result of increased solvency. ORSA is designed to make enterprise risk management efforts an integral part of all insurers' management and day-to-day operations with detailed reporting to both the Board of Directors and regulators. 


Swett Static Ad


E&O - Insurance Agents and Brokers - Telephone Consumer Protection Act (TCPA Claims

By Joe Monteleone, Esq. of Tressler LLP


An area of frequent and bitter coverage disputes between policyholders and insurers has been claims arising under the TCPA, typically the so-called "blast fax" cases. While most of the coverage decisions in this area arise under the Commercial General Liability (CGL) policy form, there have been a number of attempts to secure coverage under professional liability or E&O forms.

Firebrand Social Media 


Boys Gone Wild: Rough Horseplay Can Be Same-Sex Sexual Harassment 


A recent federal court decision provides a useful reminder that abusive and offensive behavior that is targeted at employees of one gender can amount to unlawful sexual harassment. The particular behavior involved in this case was specifically "sexual" in nature, but the court's decision makes it clear that even behavior with no sexual content can be sexual harassment if it is directed only at males or only at females.






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 2013