E&O Weekly Prevention
Strategies for the Professional Agent
November 21, 2013

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Letter From  the Publisher
AgentsofAmerica.ORG (AOA) and West LegalEdcenter, a business of Thomson Reuters, is pleased to announce that Book Two in the series "Insurance Agency Risk Management - E & O Exposures in the Sales Process" is now in production.


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 "Customers that Pay at the Last Minute...What Could Possibly Go Wrong?". 

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 "Reach Your Peak and Elevate Your Customers' Experience". 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

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters

By Carl J. Pernicone, Esq, Frederick J. Pomerantz, Esq. Stacey B. Rowland, Esq. and Sandy M. Smith Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they should expect to encounter the next time a federal or state disaster emergency is declared. This regulatory guidance echoes the various actions that the Department implemented prior to the onslaught of Superstorm Sandy and for several months thereafter.

When Is a Vice President an Officer? - Dangers of Title Inflation

By Joseph P. Monteleone, Esq. of Tressler LLP


In a decision that does not at all address D&O insurance, the federal court for the District of New Jersey recently addressed issues of advancement and indemnification of defense costs in the context of criminal actions brought against an individual with the title of "vice president." Aleynikov v. The Goldman Sachs Group, Inc., 12-civ- 5994 (D. N. J. October 22, 2013). [See here for a link to the decision].

Ninth Circuit Allows Class Action Challenging On-Duty Meal Breaks    

By Marc Zimet, Esq. of Jampol Zimet LLC


California's Ninth Circuit Allows Class Action Challenging On-Duty Meal Breaks.


If you thought the Brinker case marked the end of rest and meal break litigation for California employers, think again. The U.S. Court of Appeals for the Ninth Circuit Court is allowing a class action to proceed challenging an employer's "on-duty" meal period program in Abdullah v. U.S. Security Associates.


No Religious Discrimination without Accommodation Request, Tenth Circuit Rules

By Gregory Grisham. Esq. and Robbin Hutton, Esq. of Jackson Lewis LLP


An employer's failure to hire a Muslim woman who showed up for the job interview in a headscarf (i.e., hijab) was not religious discrimination under Title VII of the Civil Rights Act of 1964, since the applicant never requested religious accommodation, thus failing to provide the notice element for a claim, the Tenth Circuit Court of Appeals in Denver has ruled in a 2-1 decision.

Do I Need a Social Media Manager for My Business?

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


There is no question that Social Media has become a huge part of how companies are growing their businesses these days. If you want to grow, you need to be where people are spending their time, and for millions, that place is social media.


But do you need a social media "manager" to handle the day-to-day social operations?


Data Breach Lawsuit Against LinkedIn is Dismissed for Lack of Standing

By Eric A. Packel, Esq. of 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.

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