E&O Weekly Prevention
Strategies for the Professional Agent
July 25, 2013

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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 "Signed Application"

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 "Embracing the Dynamics of Change."


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.


"Bringing the Best Together"

Angelo J Gioia


AOA News, Views, Tips & More

PPACA: A Thoughtful Approach


The PPACA hereinafter referred to affectionately as Obamacare, has created a sea change in how to deal with the whole problem, structure and cost of employee health benefits. This paper will review the impact and options available to employers in two parts. 


Insurer Has Duty to Defend but Not Indemnify Due to Legal Uncertainty about Coverage at Time of Tender

By Richard L. Reiter, Esq. & Laura A. Alos, Esq. of

Wilson Elser Moskowitz Edelman & Dicker LLP


Insurer Cannot Assert Lack of Coverage for Default Judgment Due to Exclusions After Breaching Duty to Defend

By Joseph P. Monteleone, Esq. of Tressler LLP

In a unanimous Opinion handed down on June 11, 2013, the New York Court of Appeals held that "when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him." K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2013 NY Slip Op 4270, (New York June 11, 2013).


EEOC Settles First Genetic Discrimination Suit Under GINA

By Marc Zimet, Esq. of Jampol Zimet LLP


Last month, the Equal Employment Opportunity Commission (EEOC) settled its first lawsuit under the Genetic Information Nondiscrimination Act (GINA). GINA was enacted in 2008 and took effect in 2009. It prohibits an employer from using genetic information to make employment decisions, including decisions related to the hiring, firing, promotion, pay, job assignments, training, and benefits of its employees.


Exotic Dancers, Other Gentlemen's Club Employees Denied Conditional Certification

By William J. Anthony, Esq. of Jackson Lewis LLP

The U.S. District Court for the Eastern District of Arkansas (
Judge Susan Webber Wright) denied a FLSA 216(b) motion for conditional certification by seven former employees of a strip club in Jacksonville, Arkansas who filed a putative class and collective action against the club's owners and managers alleging that they had been improperly classified as independent contractors in violation of the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act (AMWA).   


Insurance Coverage Tip

Lauren Tizio of Martin & Company




United States Liability Insurance (USLI) Company recently introduced a new Special Events Hole in One Program, which provides Prize Indemnification Coverage for Golf Tournaments. 

U.S. Supreme Court Ruling on Retaliation Claims Imposes "But For" Burden of Proof Standard

By Goldberg Segalla, LLP


People often say it's not the crime that will do you in, it's the cover-up. In some ways, that sentiment has been applicable to retaliation claims for alleged discrimination in the workplace. 
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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