The Mirror Test A Significant Errors & Omissions Hotspot
By Curtis M. Pearsall Executive Director AOA Learning Center & President of Pearsall Associates Inc.
While Errors & Omissions frequency is generally down compared to a couple of years ago, this is definitely an area that is generating more than a few E&O claims. In fact, some E&O carriers believe this is so significant it has the ability to generate enough E&O claims to cause claims frequency to rise.
"Related Acts" Language in Professional Liability Policies
By Kenneth L. Baker, Esq. and Carl J. Pernicone, Esq, of Wilson Elser Moskowitz Edelman & Dicker LLP
Courts have interpreted "related acts" language in professional-liability and directors-and-officers insurance policies in various ways. Typically, "related acts" issues arise in the context of disputes about available policy limits-whether multiple claims are subject to the "each claim" or "aggregate" limit, or whether multiple claims or suits fall within the policy period, triggering a duty to defend the insured under the policy.
Broker Associated With Defunct Firm May Compel FINRA Arbitration
By Edward F. Donohue Esq. & John T. Meno, Esq. of Hinshaw & Culbertson LLP
In a case of first impression, a California Court of Appeal ruled that the withdrawal of a brokerage firm's Financial Industry Regulatory Authority (FINRA) registration does not impair the rights of individual registered representatives from compelling FINRA arbitration.
By Philip R. Voluck, Esq., Keith J. Gutstein, Esq. & Jeffery A. Meyer, Esq. of Kaufman Dolowich & Voluck, LLP
On June 24, 2013, the United States Supreme Court issued a decision which narrowed the definition of "supervisor" for purposes of determining an employer's liability arising out of workplace harassment under Title VII of the Civil Rights Act of 1964, as amended.
U.S. Supreme Court Rules Legally-Married Same-Sex Spouses Entitled to Federal Recognition and Lifts California Ban on Same-Sex Marriages
By Jackson Lewis LLP
The United States Supreme Court has issued two decisions that expand same-sex marriage rights. In the first, United States v. Windsor, No. 12-307 (June 26, 2013), the Court ruled unconstitutional a law denying federal recognition of legally-married same-sex couples. In the second, Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013), the Court effectively permitted same-sex marriage in California. These decisions have wide-ranging implications for employers.
Medical Professional Liability Same Court (Different Judges), Different Coverage Issues Re False Claims Act Qui Tam Claims
By Joe Monteleone, Esq. of Tressler LLP
We address these decisions in the same post primarily for the sake of convenience, and also for the fact that we do not often see coverage disputes arising under the federal False Claims Act (FCA), which are often brought as qui tam actions by a whistleblower employee or other individual outside the federal government. Interestingly, both decisions emanate from the United States District Court for the Western District of Washington - one in the Seattle Division, and the other in Tacoma.
This Month's Poll Question:
Do your clients frequently lose policies and other documents you've given them?
Yes
No
Sometimes
Results of Last Month's Poll Question
Does the economy have an impact on the way your agency purchases it E&O coverage?
65% No - We purchase what we feel is necessary for our office
8% Yes - We review the coverage on a more frequent basis when the economy is in a downward trend.
27% Yes - We review the coverage based on the overall economy but we are not obsessive about it.
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