E&O Weekly Prevention
Strategies for the Professional Agent
August 8, 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 "Broker of Record Letters"
Professional Liability Defense Federation is holding their 4th Annual Meeting and CLE Presentation in Chicago at the Westin Michigan Avenue.  The dates are October 9-11, 2013. It is a fantastic time to meet with other Professional Liability lawyers from all over the country in a more intimate setting where relationship building is more easily accomplished.  We have an excellent program with discussions and developments in legal, medical, construction design, real estate agent/broker, accountant, and miscellaneous professional liability claims.  Information will be shared on trial tactics such as preparing arrogant and other challenging clients for trial and methods to perform social media and avoid UCPA investigations in the course of adjustment and defense of Professional Liability Claims.  Registration is available on the PLDF website at www.pldf.org.  All are welcome.

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 on his "Monday Morning" gets back to basics, with a few W's: Whither... Why... When... Who

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, "How To Get Traffic with Twitter Lists" for download.


"Bringing the Best Together"

Angelo J Gioia


AOA News, Views, Tips & More

Capital Crunch: What Captives Need to Know About Economic Capital Modeling

By Alan Pakula, ACAS, MAAA and Todd Dashoff, ACAS, MAAA, ARM of

Huggins Actuarial Services, Inc.


What is economic capital?


Economic capital is defined as "the amount of financial resources that an institution must theoretically hold to ensure the solvency of the organization at a given confidence level and given the risks that it is expected to take" (James Lam, Enterprise Risk Management: From Incentives to Controls, John Wiley & Sons, 2003). 

State Labor Enforcement Shows Record Penalties for Employers

By Marc Zimet, Esq., of Jampol Zimet LLC

According to the State Labor enforcement in its new report, 2011 and 2012 marked the highest years for enforcement of unpaid wages, claims, and penalties against employers. 2012 was the highest year for total hearing awards, totaling $85 million- the largest amount in the past decade- and representing a 419% increase since 2010.

Administering FMLA Leave after Supreme Court's DOMA Ruling 

By Jackson Lewis LLP


In ruling unconstitutional the Defense of Marriage Act (DOMA) provision denying recognition of the marital status to same-sex couples under federal law, the U.S. Supreme Court expanded the population entitled to leave under the federal Family and Medical Leave Act. 


Best Strategies in Defending Wage and Hour Claim Actions in New Jersey

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.


New Jersey Wage and Hour Law

New Jersey wage and hour claims are governed by the New Jersey Wage and Hour Law ("NJWHL")1, The federal law, Fair Labor Standards Act ("FLSA") also applies in some circumstances. Neither statute applies in the same manner to all employees.


Fault Allocation in Maryland Remains Undisturbed

By Angela W. Russell, Esq. & Maryan Alexander, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory negligence doctrine, it declined to change the negligence system in Maryland because it is contrary to legislative policy. 

Leaked EPA PowerPoint Concerning Dimock Methane In Groundwater

By Andrew J. Scholz, Esq. of Goldberg Segalla LLP

The latest media leak of internal government documents (in what generally appears to be a growing national trend) comes from the
LA Times, where, reportedly, an Environmental Protection Agency employee, notably without permission, disclosed an internal PowerPoint presentation which included information related to the EPA testing of certain wells in the Dimock, Pennsylvania area.
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