E&O Weekly Prevention
Strategies for the Professional Agent
June 6, 2013

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Letter From  the Publisher
AgentsofAmerica.ORG Announces Plans to Provide Weekly E&O Tips
AOA Learning Center announced their plans to provide weekly E&O tips. These E&O tips will be developed from AOA's extensive library of high level educational material and will be included as part of the webinar / seminar package currently in development, that both agents and carriers will find beneficial in reducing E&O Claims. 
Check out this week's E&O TIPS on Co-Insurance.


Professional Liability Defense Federation

Will be holding their Annual Meeting October 9-11 in Chicago  at the Westin on Michigan Avenue. For additional information including registration go to PLDF Conference.


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 Does Yellow Page advertising still work for the "unconnected?"


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, "YouTube Insights for Audience" 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
Insured Bears Burden of Proof on Allocation of Settlement Between Covered and Non-Covered Claims

By Devin C. Maddox, Esq. of Tressler LLP


UnitedHealth Group Inc. sued Executive Risk Specialty Company and National Union, among others, for declaratory relief as to the insurers' obligations to indemnify United for a $350 million settlement involving antitrust and RICO claims.



Age Discrimination Not Evidenced by Age-Related Comments, Federal Appeals Court Concludes

By Emily Petroski, Esq. Jim Stone, Esq. and Kimberly Yourchock, Esq. of Jackson Lewis LLP


Affirming summary judgment in favor of the employer in an age discrimination action under the Age Discrimination in Employment Act and the Michigan Elliott-Larsen Civil Rights Act, the U.S. Court of Appeals for the Sixth Circuit ruled that age-related statements allegedly made to an employee were not direct evidence of discrimination because they were unrelated to her termination and were not made by the decision maker responsible for terminating her employment



The Social Connection Social Media Tricks & Tips

By Cynthia Cavoto of Firebrand Social Media


Observations Concerning Social Media


Social media and social networking is not really a new concept, but really the title assigned to websites and applications that give you, the user, the opportunity to interact with like-minded others. Social media has been around since the early 1980s, refined during the 1990s, and the growth of social media is exploding during the 2000s.


CA Supreme Court to Decide If Insurance Companies Can Be Sued under the Unfair Competition Law Expert Testimony Needed Where Breach of Fiduciary Claim Mirrors Legal Malpractice Claim

By Wilson Elser Moskowitz Edelman & Dicker LLP


On Wednesday, May 8, 2013, the California Supreme Court heard oral arguments on the state's Court of Appeal decision in Zhang v. Superior Court (California Capital Insurance Company), 100 Cal.Rptr.3d 803 (2009) (previously published at: 178 Cal.App.4th 1081) to decide whether insurance companies may be sued for unlawful business practices under California's Unfair Competition Law (UCL or Bus. & Prof. Code, 17200).



Expert Testimony Needed Where Breach of Fiduciary Claim Mirrors Legal Malpractice Claim 

By Goldberg Segalla, LLP



(Sup. Conn., March 11, 2013)


The individual plaintiff retained the defendant law firm to represent him in negotiations in a joint business venture with a third party to buy property and build two single family residences. The firm assigned the first defendant attorney to structure the transaction and draft an agreement between the plaintiff and the third party.


The Completed & Accepted Doctrine

By Marc Zimet, Esq. of Jampol Zimet LLP




This Month's Poll Question


When calling on a clients and prospects at their offices or homes, do you have internet access to the information you need to properly service the client or close a sale?




I don't need additional information

It takes too long to access



Results of Last Month's Poll Question


What level of due diligence does the firm do on new products?


72%  Significant - We have the product reviewed by outside counsel as well as internal executive cocommittee.
21% Moderate - We discuss it internally to review the risk/reward.
7%   Minimal/None - If the insurance carriers offers it and we can make a buck, we will sell it. 

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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