E&O Weekly Prevention
  
Strategies for the Professional Agent
July 11, 2013


Agents of America





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Letter From  the Publisher
E&O Tips of the Week 
 
Each week AOA thru the Learning Center will be providing 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 "Documenting Interactions with Carriers & Markets"

 

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".

  

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
  

 

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, "Google Adwords Remarketing Campaign" 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

Publisher

AOA News, Views, Tips & More

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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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