E&O Weekly Prevention
Strategies for the Professional Agent
January 2, 2014

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Letter From  the Publisher

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 "Certificates of Insurance - 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 "Goodbye Insurance. Hello Risk Management!"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

Insured v. Insured Exclusion Does Not Preclude Coverage for Lawsuit Brought By a Former Executive of Two Entities Before They Were Subsidiaries

By Thomas K. Hanekamp, Esq. and Kathryn A. Formeller, Esq. of Tressler LLP


Coverage was not barred by the Insured v. Insured exclusion for a former executive's $61,400,236 judgment against directors and officers of an insured entity as the former executive did not constitute an insured under an executive and organization liability insurance policy. Kollman, et al. v. National Union Fire Ins. Co. of Pittsburgh, Pa., et al., Nos. 08-36017 and 08-36019, 2013 U.S. App. LEXIS 21304 (9th Cir. Oct. 21, 2013).


LinkedIn Notification Not Competition, Mass Court Holds

By Michael B. Ackerstein, Esq., of Jackson Lewis P.C.


The use of LinkedIn to notify professional contacts of a change in employment did not constitute competition. according to a recent Massachusetts ruling. In KNF&T v. Muller, No. 13-3676-BLS1 (October 24, 2013), the Massachusetts Superior Court denied a request for a preliminary injunction where an employer alleged that a former employee violated her non-competition agreement by, among other actions, using her LinkedIn profile to notify contacts of her new position. In denying the injunction, the court shed further light on the definition of competition and solicitation in the era of social media.


EEOC Touts 2013 Performance

By Philip R. Voluck, Esq.of Kaufman Dolowich & Voluck, LLP

The United States Equal Employment Opportunity Commission ("EEOC") just released its annual Performance and Accountability Report (PAR), trumpeting its enforcement successes during Fiscal Year 2013 (which ended Sept. 30) and warning companies that its mission to eradicate systemic discrimination will be a primary goal in 2014, backed by aggressive enforcement. Among the EEOC's proudest accomplishments was its ability to obtain a record $372.1 million in monetary relief for victims of private sector workplace discrimination in 2013.

Does a Corporation have Religious Freedom under the ACA?

By Seth L. Laver, Esq. Jessica L. Wuebker, Esq. and Albert J. D'Aquino, Esq. of Goldberg Segalla LLP


Those with conflicting political views may still agree that many questions remain unanswered regarding the implementation of the Affordable Care Act, a/k/a "Obamacare." The US Supreme Court recently agreed to address at least one of those lingering questions when it granted certiorari to hear Sebelius v. Hobby Lobby Stores. The issue in Hobby Lobby is whether an employer may be subject to fines under the ACA for failing to provide health insurance coverage that includes the provision of birth control to employees. The plaintiff claims that this provision in the Act impermissibly conflicts with its religious views.


Ramifications for Employer's When There Are "Guns At Work"

By Rocco J. CARBONE, III, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


Key Points:

  • Employers must be aware of the laws surrounding employees' right to carry firearms.
  • Florida has stringent laws that protect an employee's right to carry a firearm and limit an employer's right to investigate if an employee is carrying.
In Florida, an employee with a conceal and carry permit has a right to have a firearm in his or her vehicle while parked in an employer's parking lot.  


4 Lessons from a Failed Sales Call

By Mark Hunter, "The Sale Hunter"


You've never made a mistake. Every sales call you've made has always been perfect, so this is not for you, but I will ask you to read it anyway.


Reason is simple: You probably know someone who is not as perfect as you and, therefore, needs to know this.


Read it for them. The salesperson you save may just be the one you love.

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