E&O Weekly Prevention
Strategies for the Professional Agent
January 16, 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 "Your Homeowner's customers - are they cover for their social media activity?". 


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 ""Stewardship - It's Past Time". This week, George interviews Stephen Strong, of Logan Lavelle Hunt Insurance Agency, to discuss stewardship and its place in the modern insurance agency.. 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

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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