E&O Weekly Prevention
Strategies for the Professional Agent
May 16, 2013

Agents of America

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Letter From  the Publisher

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. Watch them now "Week in Review".


Also listen to Insurance Marketing Expert George Nordhaus "Monday Morning"  on 

"What's the most boring section on almost insurance agency websites?" including the Marketing to the connected and to the unconnected...are two different things..



On Sale Now... "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 AmazonBefore you buy listen to Dan Meyer, attorney at O'Hagan LLC interview on "Insurance Producer Licensing," on Wrin.tv


AOA Learning Center is pleased to announce the next stage in their commitment to the development of insurance education programs. Through their extensive library of high level educational material, the AOA Learning Center is expanding their platform and will be developing series of webinars / seminars, weekly E&O tips and customize Newsletters for both Insurance Companies and Professional Organizations. In addition, thru our partnership with Web CE, AOA plans to convert the content from each of their first three publications into continuing education programs beginning the fourth quarter of 2013. 


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 News, Views, Tips & More

May is Mental Health Month

By Deborah Dutton Lambert and Daina R. Dennis of Encompass Training Program



When we look back in history to view how people with mental illness were treated, we could conclude that treatment didn't exist. 



Florida District Court of Appeal Holds that Additional Insured Is Entitled to Separate, Independent Counsel in "Paper Conflict" With Co-Insured 

By Todd M. Davis, Esq. of Hinshaw & Culbertson LLP


On July 18, 2000, a young child nearly drowned while at a summer swim camp held on a university's campus. The child's parents sued both the camp and the university for negligent supervision. 



Best Strategies in Defending Professional Negligence Actions Against Insurance Agents and Brokers in New Jersey  

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C 


Part 1- Next week Thomas Paschos, Esq. will explore the, "BEST STRATEGIES IN DEFENDING PROFESSIONAL NEGLIGENCE ACTIONS AGAINST INSURANCE AGENTS AND BROKERS IN PENNSYLVANIA" New Jersey insurance policies are sold either directly by insurance companies or through insurance "producers."[1]



IRS Deals Another Blow to Businesses, Says Wellness Programs Won't Qualify under ACA  

By Thomas F. Segalla, Esq. & Fallyn B. Cavalieri Esq, of Goldberg Segalla LLP 


The IRS released proposed new rules which will curb most employer initiated wellness programs from qualifying towards the minimum value for the coverage employers are expected to offer every full-time employee. 



Colorado Court Rules Use of 'Medical Marijuana' Not 'Lawful' under State's 'Legal Activities' Law

By Jackson Lewis LLP


A Colorado appeals court has held that an employee's off-duty use of "medical marijuana," although allegedly in accordance with the state's medical marijuana law, was not lawful or protected for purposes of the state's "legal activities" law, and therefore his employer did not violate that law by dismissing him. Coats v. Dish Network, L.L.C., Nos. 12CA0595 & 12CA1704, 2013 Colo. App. LEXIS 616 (Colo. App. Apr. 25, 2013).  



By Marc Zimet, Esq. of Jampol Zimet LLP 


Amongst the tools available to defendants, time is one of the most powerful. Known as a statute of limitations, there exists a maximum time in which a plaintiff can sue a defendant and if that time expires then a plaintiff cannot bring a lawsuit. 



How to Make the MGA Model Work 

By Desmond J Bohan of Frates Reinsurance Intermediary, Inc. 


There are approximately 80 insurance companies in the P&C, WC and Professional Liability space granting underwriting authority to Managing General Agents (MGA). 



By George Nordhaus of Agenciesonline.biz 


The best way (and it always has been) to get new business is through referrals. No, that's not very earth-shaking news...it's a fact in the basics of selling that every agent instinctively understands. 

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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