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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 Holds�
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
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If there was a competitive excess policy available, would your agency purchase higher limits of liability?
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98% Yes
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2% No
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This Month's Poll Question
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In the event of a claim against your agency, would you prefer to access legal representation of your choice?
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Yes, I want to select the attorney to represent my firm.
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No, I prefer to have the insurance carrier make the decision for my firm.
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I would like to have a discussion with the insurance carrier on the selection of the legal representation.
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