E&O Weekly Prevention
Strategies for the Professional Agent
August 8, 2013

Agents of America

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Letter From  the Publisher

AgentsofAmerica.ORG Announces Book Series on Insurance Agency Risk Management


AgentsofAmerica.ORG (AOA) is pleased to announce the release of a three-book series on Insurance Agency Risk Management - A Comprehensive Guide to Avoiding E&O Claims. This resource will be published through a strategic relationship with West LegalEdcenter. In addition; a significant portion of the content will be converted for CLE and the entire book will be filed in a number of states for CE credits.  


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 "Policy Review".
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" on "How to Profit from Other's Failures.."

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

Is Broker Liability to Third Parties in California's Future?

By Marc Zimet, Esq. of Jampol Zimet LLC


Under current California law, brokers are not liable to third parties. However, courts in other states are one by one ruling to the contrary, and it may not be too long before California courts follow suit.

How To Assess Job Applicants So You Hire Highly Motivated Employees

By Michael Mercer, Ph.D. of Mercer Systems, Inc. 



My pre-employment testing research reveals how to hire employees motivated to do a good job. Managers need to hire motivated employees. So, how can you predict if a job applicant will be motivated to do well at your company?


That Insurer Must Provide Independent Counsel Even Where Conflict Would Not Affect Outcome of Liability

By Cassidy E. Chivers, Esq. of Hinshaw & Culbertson LLP

Schaefer v. Elder, --- Cal. Rptr. 3d ---- (2013), 2013 WL 2588675

The insured general contractor was hired to design and build a home. After problems with the home's design and construction arose, the homeowner sued the insured for negligence and breach of contract.  

Understanding LinkedIn & How It Can Grow Your Business

By Steven Miltonberg, Co-Founder/CEO of iLikeUs Marketing


To advance your business
, you need to stay current on trends and continue to innovate.   A powerful and effective way to Effective social network marketing involves creating and sharing information-rich content.  

EEOCs Determination of "Reasonable Accommodation" for an Intellectual Disability

By DraftnCraft


Reasonable Accommodation


EEOC regulations define "reasonable accommodation" to include "modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified to perform the essential functions of that position." 29 C.F.R. 1630.2(o)(1)(ii)


Medicare Proposes to Cut Home Health Payments in 2014

By Stephanie M. Barr, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


On June 27, the Centers for Medicare & Medicaid Services (CMS) issued Proposed Rule CMS-1450-P regarding an update to the Home Health Prospective Payment System (PPS) rates which would cut Medicare payments to home health agencies (HHAs) in calendar year (CY) 2014 by 1.5% or $290 million.

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