E&O Weekly Prevention
Strategies for the Professional Agent
May 30, 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 Insurers are changing their use of mobile apps...and you will, too!


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 check out, this month's Social Media eBook entitled, "Perfspot Traffic Secrets" for download.


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

Insurance Broker Liability for Failure to Procure Adequate Insurance

By Kelly A. Lavelle, Esq. of Thomas Paschos & Associates, P.C.


Policyholders hire brokers to reduce the risk that inadequate insurance will be procured. When an insurance claim is denied or a policy's limit of liability is insufficient, the policyholder will look to the broker's actions to determine liability.




Navigators & Agents and Brokers: How They Fit into the Health Insurance Exchange Formula

By Cynthia D. Shenker, Esq. and Sandy M. Smith, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP 


The Affordable Care Act (ACA) requires Health Insurance Exchanges (Exchanges) to establish a Navigator Program. In general terms, Navigators are the "public face" of the Exchange - they are charged with educating the public concerning the existence of the Exchange and facilitating the selection of qualified health plans (QHPs). 




When Do The Rules of Professional Conduct Apply to Social Media Postings?

By Marc Zimet, Esq. of Jampol Zimet LLP


In today's connected society, it's difficult to escape the necessity of joining the world of social media networking. For attorneys, social media may provide fast, easy, and economical means of reaching clients and potential clients and advertising their services. 

Financial Tip of the Month

By Mike Brady of Brady Financial Group LLC


Hopefully you're one of many agencies experiencing an uptick in revenues this year. This increased profitability allows owners to consider many options, including hiring new producers. 

Do We Have to Pay Our Interns, Including Summer Interns?

By Paul DeCamp, Esq. and Richard I. Greenberg, Esq. of Jackson Lewis LLP


Many organizations have used students as interns during the summer months. However, some businesses have begun using interns year-round because recent graduates, having trouble obtaining permanent employment, are available and eager for work experience. 


Court Finds that Ownership is indeed 9/10th of the Law in Rescission Case

By Sarah J. Delaney, Esq. and Carrie P. Appler, Esq. of Goldberg Segalla LLP


PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust  (1st Cir. (R.I.) May 13, 2013)


The First Circuit recently held that an insurer may retain life insurance premiums following a policy rescission to offset the loss it has suffered. .




Insurance Coverage Tip

Lauren Tizio of Martin & Company


Storms and Floods


In the wake of Superstorm Sandy, and impending flash floods caused by the combination of dry summer conditions and strong storms, many insureds are making sure their property is covered. 




Unambiguous Pollution Exclusion Knocks Out Neighborhood Mass Tort Action

By Andrew E. Grigsby of Hinshaw & Culbertson LLP  

Mt. Hawley Insurance Company v. Dania Distribution Center Ltd., Case No. 11-10596 (11th Cir. Mar. 20, 2013) 


The U.S Court of Appeals for the Eleventh Circuit addressed coverage under a commercial general liability policy for a developer being sued by an entire neighborhood of plaintiffs. In their complaint, the residents claimed bodily injury for negligence, nuisance, trespass and violations of the Florida Pollutant Discharge Prevention and Control Act. 

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