E&O Weekly Prevention
Strategies for the Professional Agent
December 19, 2013

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Letter From  the Publisher

AgentsofAmerica.ORG (AOA) is extremely pleased to announce the addition of insurance expert Frederick J. Fisher, J.D. to the AOA Editorial Board.


Mr. Fisher has been extremely active in educating agents on a wide host of issues for over 35 years and has authored articles on a wide range on industry issues and topics. See Press Release.


E&O Tip 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 "Dealing with Your Clients' Divorce - a Potential E&O Nightmare!". 


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 "The Two Biggest Threats to Independent Agencies: Part Two → Relationships"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. 


Wishing you and your family a warm and wondrous Christmas and an amazing new year.


"Bringing the Best Together"

Angelo J Gioia


AOA News, Views, Tips & More

Certificates of Authority and Insurance Agency Licensing

By Barbara Donnar, CEO of Supportive Insurance Services


You and your agency want to do business in non-resident states. You file the insurance licensing application for an agency and the state sends you a letter asking for verification of your Certificate of Authority. A Certificate of Authority? What is a Certificate of Authority and what does it have to do with applying for an agency license? These are all common questions we hear from prospective clients. We'll address these questions and more in this blog.


Court Rules Insurance Broker Had No Duty To Investigate Coverage Needs

By Marc Zimet, Esq. of Jampol Zimet LLC

On October 4, 2013, the California Court of Appeals for the Fourth District reaffirmed prior rulings regarding the duties of an insurance broker in procuring coverage in San Diego Assemblers, Inc. v. Work Comp for Less Insurance Services, Inc. Assemblers, a remodeling contractor, contacted its broker, Work Comp for Less, to procure a liability policy. It requested only the lowest priced policy available and desired limits, but did not request any specific coverage. 

When Does a Professional Liability "Claim" Arise?

By Michael P. Luongo, Esq. and Elizabeth M. Cristofaro. Esq. of Goldberg Segalla LLP


Professional liability insurance policies cover professionals for claims arising within the agreed upon policy period. At first blush this appears to be a relatively simple concept but there is plenty of room for confusion which can result in a lack of coverage. What is a claim? The fact that a lawsuit was filed within a policy period does not necessarily mean that the "claim" giving rise to the lawsuit is covered under a PL policy. 

When Does Good Faith Meet Fair Dealing?

By Collins Collins Muir + Stewart LLP


The insured driver ran a red light.  She hit a vehicle in front of her and seriously injured its driver, sending her to an intensive care unit.  That vehicle's passenger was also injured.  The impact was so substantial that the car which was initially hit was also pushed into a car in front of it, injuring its two occupants as well.  The insured has a $100,000/$300,000 policy.  At what point is the obligation of the insurer to extend policy limits triggered and why?


Tax Law Changes and Mid-Year Tax Planning for 2013

By John T. Grebe, CPA, CFP of Grebe & Associates, P.C.


Midyear tax planning is important to ensure you are not left with a large tax burden when filing your 2013 tax returns.  There are significant tax law changes that may affect you as a result of the roll-out of two legislative initiatives: 1)The American Taxpayer Relief Act of 2012 passed on January 2, 2013; and 2)The Patient Protection and Affordable Care Act (PPACA) of 2010 also known as Obamacare.


Current Issues with Regard to 831(b) Captives - Part I

By Todd Dashoff ACAS, MAAA, ARM,and Ronald T. Kuehn, FCAS, MAAA, CERA, CPCU, ARM, FCA of Huggins Actuarial Services, Inc.


(The contents of this article are not to be construed as tax advice. Neither Huggins Actuarial Services, Inc. nor its employees are qualified to provide such advice; interested parties should consult with their tax advisor. The contents of this article represent a summary of current information collected from various sources, designed to inform readers.)


Insurance Coverage Tip

Matthew Heilmann of Martin & Company

Uncovering New Markets


Electronic Cigarettes are becoming more popular and companies are growing rapidly in this industry. Reports show companies such as LOGIC, a New Jersey based manufacturer and distributor, have grown as much as 600% in short amounts of time.

Do You Perform An Account Review For Each Of Your Prospects/Clients?

Curtis M. Pearsall, CPCU, AIAF, CPIA, Executive Director of the AOA Learning Center


Recently, there have been some updates on the insurance numbers from Super Storm Sandy. Numbers like:

258,000 vehicle claims - $2.72B

1,129,000 personal claims - $7.11B

193,000 commercial claims - 8.93B

Total 1.58 million claims - $25.85B ($7.1B from NFIP)

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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