E&O Weekly Prevention
Strategies for the Professional Agent
April 25, 2013


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Letter from the Editor


AgentsofAmerica.ORG (AOA) announced on Monday that the development of Book Three in its Insurance Agents & Brokers Risk Management Program series is well under way with a planned release date of the 4th quarter of 2013. The book, which will be released in both hard copy and as an e-Book, will contain 20 distinct chapters that clearly identify the E&O issues and exposures of the various lines of business. This book will represent a collaborative effort by top E&O insurance attorneys and experts from across the country. Check out the "Table of Contents and Authors".


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:
Also listen to Insurance Marketing Expert George Nordhaus "Monday Morning" on "The Girl with the Billion Clicks".


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



Claims Associated with Event Cancellation Insurance Resulting from a Terrorist Act May Involve Complex Coverage Issues

By Robert F. Roarke, Esq., Mathew P. Ross, Esq. & Debra A. Adler, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP 


The bombings that occurred during the Boston Marathon, resulting in loss of life and numerous injuries, have been designated a terrorist act. The consequences of the bombings, as well as the ongoing investigation and clean-up, can be expected to impact Event Cancellation/Contingency policies. These policies provide coverage for specific events at designated times and venues and can cover a broad spectrum of both indoor and outdoor events from concerts and conventions to marathons and sporting events. There have been several sporting event cancellations as a result of the bombings, including the Boston Bruins hockey game that same evening and the Boston Celtics basketball game the following evening.


Insurance Agency Potentially Liable for Use of a Cost Estimator Program to Calculate Replacement Cost

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP


Plaintiff, the owner of a bed and breakfast (the "Owner"), met in July 2008 with an agent from defendant insurance agency for a policy covering her Victorian-era house. The agent used a cost-estimator computer program and physically measured the property to calculate the coverage. The cost estimate was $435,000 and the carrier issued a policy in that amount. The Owner signed a "policy limits acceptance" form that stated she accepted the policy limits applied for and understood that higher limits were available for an additional premium, and that she declined higher limits. 


Hospitals Servicing Federal Employees through Provider Agreement with HMO Ruled Covered by Affirmative Action Regulations   

By Mickey Silberman, Esq., Matthew Camardella, Esq. and Jennifer Seda, Esq. of Jackson Lewis LLP


The Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction over three hospitals receiving payments from a health plan for providing medical services to U.S. government employees, a U.S. District Court for the District of Columbia judge has confirmed.
UPMC Braddock v. Harris
, No. 09-1210 (D.C. D.C. Mar. 30, 2013). The decision is the latest chapter in a long-running jurisdictional dispute between OFCCP and three Pittsburgh-area hospitals.


In Order for an Insurer to Claim Secondary Insurance Coverage, the Underlying Policy Must Provide Coverage

By Margaret M. Jenks, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.

Bennett v. USAA Cas. Ins. Co., 2013 Del. Super. LEXIS 46 (Del. Super. Ct. 2013)

Before the court were cross-motions for summary judgment involving a dispute over insurance coverage for a condominium unit that was damaged when a toilet inside it broke, allowing water to run throughout the unit. The plaintiffs owned a condominium unit at the complex and were insured with defendant USAA. 

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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