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Misappropriation of Image Claims Not Covered Under Professional Liability Policy as They Related to Wrongful Acts Alleged Prior to Policy's Inception
By Devin C. Maddox, Esq. of Tressler LLP
Claims against a psychic telephone hotline company for misappropriation of image and invasion of privacy were found to fall outside a professional liability policy's scope of coverage because the claims arose from the same common facts, circumstances, transactions, events and/or decisions alleged in a prior lawsuit filed before the policy's inception. The Zodiac Group, Inc., et al. v. Axis Surplus Ins. Co., 2013 U.S. App. LEXIS 21370 (11th Cir. October 22, 2013).
OSHA's HazCom Rule and Personal Injury Suits By Matthew R. Shindell, Esq. of Goldberg Segalla LLP
Last year, the Occupational Safety & Health Administration (OSHA) published a rule that modified its Hazard Communication (HazCom) requirements governing how chemical manufacturers, employers, and other organizations convey hazard information to employees. Previously, companies had some discretion over the appearance and wording of these labels.
E&O Loss Prevention Tip
Description of Claim:
Misrepresentation
Allegations against the Agent: An insurance agent sold a homeowners policy to his customer and informed the customer that the homeowners policy selected would cover the property and its contents. A few months later, a fire destroyed a portion of the home, causing damage to all the home's bedrooms, closets and bathrooms.
Greg Arnold on the use of Professional Employer Organizations
By Greg Arnold CEO of Jackhammer HR
Every few years, I refresh the discussion on PEO (employee leasing) as a workers compensation insurance product for contractors. In my 12 years as a PEO broker, I have seen the cycle of workers compensation rates trend from high to low, and now everyone will agree that rates are on their way back up again, and will be for the foreseeable future. No one gets hit harder than contractors when these rates go up.
By Eric A. Packel, Esq. Marshall Dennehey Warner Coleman & Goggin, P.C.
re LinkedIn User Privacy Litig., 2013 U.S. Dist. LEXIS 31131 (N.D. Cal., 3/6/13)
After a hacker obtained 6.5 million passwords and email addresses from LinkedIn (the professional networking site), two of its users brought a putative class action claiming that LinkedIn had misrepresented its level of security. However, the plaintiffs ran into a threshold problem seen in many data breach cases: Article III standing.
4 Quick Tips to Make Your Annual Goal Quickly
By Mark Hunter, "The Sales Hunter"
With less than two months left in the year. How confident are you in making your annual goal?
It's not too late, no matter where you currently stand. The worst thing you can do is pack it in and blow off the rest of the year.
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