E&O Weekly Prevention
Strategies for the Professional Agent
October 31, 2013

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Letter From  the Publisher

AgentsofAmerica.ORG® (AOA) and WebCE® are pleased to announce that insurance Continuing Education (CE) credit has been granted in 39 states to date for Book One in the series Insurance Agency Risk Management - A Comprehensive Guide to Avoiding E&O Claims, published by West LegalEdcenter, a business of Thomson Reuters. Book One of the series Insurance Agency Risk Management - A Comprehensive Guide to Avoiding E&O Claims is now available. 


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 TIP on "Using Temps to Handle a Vacant Position? There's Something You Need to Know?". 


A great source of information is Martin & Company, "The Professional Liability Report" which has been published since 1994. This monthly publication tracks market changes and new products that are speeding their way to market. Click here to for a complimentary issue


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".


MONDAY MORNING, the weekly "mini-webinar" features industry leaders interviewed by marketing guru George Nordhaus on "Planning Your Digital Presence....Part 1". To see this week's presentation click here.


AgentsofAmerica.ORG membership is FREE!


Also if you have any thoughts, comments or suggestions, please email me at info@agentsofamerica.org. 


"Bringing the Best Together"

Angelo J Gioia


AOA News, Views, Tips & More

Implications of Study Finding Majority of Adults Online Use Social Networking Sites

By Joseph J. Lazzarotti, Esq. of Jackson Lewis LLP                    

According to a Pew Research Center study, the percentage of adults online who say they participate in social networking has increased significantly from 8% in 2005 to 72% in 2013. Adults (aged 18 and older) in all age groups contributed to the increase. Moreover, Pew reports that "those ages 65 and older have roughly tripled their presence on social networking sites in the last four years - from 13% in the spring of 2009 to 43% now."


The Phrase "Arising Out Of" Requires Only Some Connection to the Injury
By Michaela L. Sozio, Esq. and Yvonne M. Schulte, Esq. of Tressler LLP


Whether a claim against a broker, for which it sought coverage under its E&O policy, arose out of an insurer's bankruptcy filing thereby triggering an exclusion in the E&O policy, involved questions for determination by a fact-finder according to the 10th Circuit. C.L. Frates & Co. v. Westchester Fire Ins. Co., 2013 U.S. App. LEXIS 18340 (September 4, 2013).


Questions to Ask When Choosing a Supplemental Insurance Provider

By Aaron Peterson, Editor Agents Advantage


Supplemental insurance providers are on the increase, making it that much more challenging to choose an agency to provide supplemental benefits for your employees. Here are a few questions to ask when making your comparison. The answers will help you evaluate each provider and make your final selection.


Provision in a Financial Agreement that Contravenes the Intent of the Medical Malpractice Act by Limiting Damages is Void as Against Public Policy

By Chanel A. Mosley, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


Franks v. Bowers, 116 So. 2d 1240 (Fla. 2013)

Joseph Franks sought medical care and treatment from Dr. Bowers and his surgical group at North Florida Surgeons, P.A. Prior to undergoing surgery, Mr. Franks executed a financial agreement that contained a provision for arbitration. The arbitration provision contained a limitation of damages subheading, limiting non-economic damages to a maximum of $250,000 per incident, to be calculated on a percentage basis. However, there was no admission of liability provision in connection with the damages caps.


Notification of Updated Information to Insured Does Not Pose Liability on an Insurance Company


South Bay Cardiovascular Assoc., P.C. (insured) sued SCS Agency, Inc. (insurance agent) and its insurer Travelers Indemnity Company of Connecticut for negligence, breach of contract, and breach of fiduciary duty, claiming that SCS failed to inform South Bay of the change in coverage for employee dishonesty by Travelers. The Supreme Court of New York, Appellate Division affirmed the lower court's summary judgment award in favor of third-party defendant Travelers. There was initially a triable issue of fact as to whether SCS had a special relationship with South Bay. There were records containing evidence of dealing over an extended period of time between both the parties, which in turn gave rise to a special relationship between them. SCS had no duty to indemnify South Bay, owing to Traveler's notice of revisions to South Bay. South Bay Cardiovascular Assoc., P.C. v. SCS Agency, Inc., 2013 N.Y. App. Div. LEXIS 2503 (April 17, 2013)


Court Rules Unpaid Interns May Not Sue For Sexual Harassment Under NYC Civil Rights Statutes

By Goldberg Segalla LLP


The topic of unpaid interns has generated a lot of buzz in the employment law world after a flurry of recent lawsuits in which interns sought repayment under the Fair Labor Standards Act. (Our Professional Liability Matters blog discussed the issue in posts on June 25 and July 9.) However, an October 3 decision from the Southern District of New York has taken the topic into a new direction: sexual harassment. The result? The court ruled that unpaid interns cannot sue for sexual harassment under New York City municipal civil rights laws

Matthew Heilmann of Martin & Company


New Professional Liability products are finding their way to a very competitive market with trends likely to continue.  And according to Marsh's US Insurance Markets Report, Errors & Omissions and Cyber products will continue on that trend.  It is expected that other Professional Liability products should see modest increases as we enter a new year.  Insurers will continue to target growth opportunities supported by technology and more sophisticated analytics. 

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