E&O - Agents and Brokers - Eighth Circuit Upholds Customer Funds Exclusion In Professional Liability Insurance Policy
By Joseph P. Monteleone, Esq. of Tressler LLP
Recently, the Eighth Circuit decided an appeal from a decision in the District of Minnesota over a coverage dispute under a professional liability policy issued to a title insurance agency arising from alleged delays in recording mortgages in order to use their customers' funds in escrow to pay certain fees for which the funds were not escrowed. Bethel v. Darwin Select Ins. Co., No. 12-3528, (8th Cir. November 18, 2013)
By Mark S. Askanas, Esq. & Mitchell Boomer, Esq. of Jackson Lewis P. C.
Evidence of a prior narcotics conviction could be used to show that the employee was not qualified for a union organizer position, even though the employer did not learn of the conviction until after it made the decision not to hire the plaintiff, the California Court of Appeal has ruled. Horne v. Int'l Union of Painters and Allied Trades, Dist. Council 16, No. A135470 (Cal. Ct. App. Dec. 3, 2013).
Research Using Pre-Employment Tests to Discover Companies' Actual Core Competencies
By Michael Mercer, Ph.D. of Mercer Systems, Inc.
Many companies proudly show their list of core competencies to anyone who will look. However, the core or key competencies listed often have no connection to reality.
Using pre-employment test research in many companies, I discovered the actual core competencies of companies often differ from their stated key competencies.
Enforceability of Non-Compete Agreements to eliminate Risk and Loss
By DraftnCraft
In the era of cut-throat competition, employers are always at risk and need to adopt extra measures to protect their businesses. Losing key employees at such a time with no or an unenforceable non-compete agreement in place can put a company in dire conditions.
Third-Party Harassment Could Lead To Employer Liability
By Michael P. Luongo, Esq. & Paul S. Devine, Esq. of Goldberg Segalla LLP
Most employers understand the significant consequences of sexual harassment at the workplace and take proactive measures to train employees about proper conduct. However, liability is not limited to the conduct of employees. Employers also have a responsibility to prevent sexual harassment by third parties such as clients, vendors, patients, and customers, when the employer knows about the conduct and fails to take any corrective action. Although third-party harassment is reportedly just as common, many employers do not take appropriate steps to prevent it.
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