E&O Weekly Prevention
Strategies for the Professional Agent
August 29, 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 "Include Definitions In Your Insurance Proposals".

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 watch Part 2 of Insurance Marketing Expert George Nordhaus interview regarding the McKinsey Report on his "Monday Morning Call" on the "End of an Era for the Local Insurance Agent". You can also read the full report here McKinsey Report. 

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

Insured's Intentional Conduct Resulting in Unexpected Injury Is Not an Occurrence

By Thomas Schrimpf, Esq. of Hinshaw & Culbertson LLP


The Wisconsin Supreme Court has refined the interpretation of "occurrence," holding that a series of intentional acts resulting in an unexpected and unintended injury is not an accident within the scope of the insuring agreement in a liability policy. See Marshall Schinner v. Michael Gundrum and West Bend Insurance Company, 2013 WI 71.    


Does an Insurer Need to Establish It Was Prejudiced By Late Notice of a Claim Under a Claims Made and Reported Policy?  

By Joe Monteleone, Esq. of Tressler LLP


There have been a few important decisions in this area within the very recent span of a month, including Financial Industry Regulatory Authority v. AXIS Ins. Co. decided by the U.S. District Court for the District of Maryland on June 12, 2013, and posted upon in this space on June 17, 2013.


E&O Loss Prevention Tip

Description of Claim:

Avoid Small Oversights


Allegations against the Agent: A customer requested flood insurance through the National Flood Insurance Program from their agent. An application was completed and the premium paid for the coverage. The agent advised the customer that he had no binding authority for the flood coverage but that he would process the paperwork right away. 


Confidentiality and Non-Disparagement Provisions in Employment Agreement Unlawful, NLRB HoldsĀ 

By Philip B. Rosen, Esq. and Howard M. Bloom, Esq. of Jackson Lewis LLP


Applying the principles it has used primarily to evaluate handbook rules and personnel policies, the National Labor Relations Board has held that confidentiality and non-disparagement provisions contained in an employment agreement are unlawful under the National Labor Relations Act. Quicken Loans, Inc., 359 NLRB No. 141 (June 21, 2013). 

2 Seconds of Silence: Your Ticket to Selling More

By Mark Hunter the "Sales Hunter"


In case you haven't noticed, salespeople talk too much.


I hate to say it, but we in sales have done some pretty stupid things that have ultimately prevented a lot of sales from being made. Talking too much is one of those stupid things.


Results of Last Month's Poll Question


If there was a competitive excess policy available, would your agency purchase higher limits of liability?


98% Yes

2%   No


This Month's Poll Question


In the event of a claim against your agency, would you prefer to access legal representation of your choice?


Yes, I want to select the attorney to represent my firm.

No, I prefer to have the insurance carrier make the decision for my firm.

I would like to have a discussion with the insurance carrier on the selection of the legal representation.


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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