E&O Weekly Prevention
Strategies for the Professional Agent
January 30, 2014

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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 "Include a disclaimer on your e-mail". 


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".


Rick Dalrymple of IOA Risk Services is a published author of an Amazon "Best-Selling" book entitled,  "Accidents Waiting to Happen:  Best Practices in Worker's Comp Administration and Protecting Corporate Profitability". 
The book focuses on providing a new way to understand business risk and delivers new tools to compete more effectively. To order click here. 


MONDAY MORNING, the weekly "mini-webinar" features industry leaders interviewed by marketing guru George Nordhaus on ""The Secret Sauce for Social Media Success - Part 1", this week George interviewsThomas H. Wetzel of Thomas H. Wetzel and Associates, Inc. to discuss Social Media Success. 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

New Jersey Ban on 'Currently Employed' Requirement in Job Ads Resists Constitutional Challenge

By David Islinger, Esq. and James McDonnell. Esq. of Jackson Lewis P.C.


A New Jersey appeals court has upheld a state law banning employers from stating in job advertisements that applicants "must be currently employed," ruling the law does not infringe upon the constitutional right to "free speech." New Jersey Dept of Labor and Workforce Dev. v. Crest Ultrasonics et al.

, No. A-0417-12T4 (N.J. App. Div. Jan. 7, 2014).

How Secure is that Website You're Logging Into?

By Terri Caldwell Chief Technology Officer of SafelyFiled.com, LLC


With all the news recently in the headlines about a certain retailer's breach of security, we thought you might be very interested in a tool to check out your online service website's security. 

Granted, the security issue that recently made headlines was not online. It happened within the store, right at the cash register.  In reality, anytime you use a credit or debit card there's a risk.  Those magnetic strips on the bank cards are conveniently full of information. When that card is used in a point-of-sale scanner, like at the cash register,  all of the data on it is read.  Most of the time,that information is secured and is used only by the business you're purchasing from. But when a breach happens, it makes headlines. 

Bankruptcy Fraud-Tactics for the Effective Use of a Plaintiff's Bankruptcy Filing in Defending Civil Claims

By Nicholas D. Bowers, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.

Key Points:

  • Where a civil plaintiff files for federal bankruptcy protection after the cause of action arose (date of loss), that plaintiff must disclose the civil case as an "asset" in his/her petition for bankruptcy.
  • If a civil claim is not disclosed in a plaintiff's bankruptcy filing, that claim remains part of the bankruptcy estate after discharge, and the plaintiff loses title to the claim.
  • Thus, where a plaintiff commits bankruptcy fraud, such fraud may bar that plaintiff from pursuing a civil action and/or insurance claim even when the fraud is unrelated to the civil claim.

Lawsuits Against Broker-Dealer Are Barred by Professional Services Exclusion in D&O Policy

By Michael R. Delhagen, Esq. and Jill A. Ellman, Esq. of Tressler LLP


Coverage for regulatory and investor lawsuits against broker-dealer David Lerner Associates, Inc. (Lerner) is barred by the Professional Services Exclusion in a D&O policy according to the U.S. Court of Appeals for the 2nd Circuit. David Lerner Associates, Inc. v. Philadelphia Indemnity Ins. Co., 2013 U.S. App. LEXIS 23386 (2nd Cir. 2013). 


By Jonathan M. Kuller, Esq. and Troy A. Bataille, Esq. of Goldberg Segalla LLP

The plaintiff, Mount Vernon Fire Insurance Company (Mount Vernon), sought a declaration that it was not required to handle or pay a certain insurance claim. The dispositive issue before the court is whether the insured, El Rancho De Pancho LLC (El Rancho De Pancho), violated the terms of its agreement with Mount Vernon on October 9, 2011, giving rise to the injury upon which the insurance claim in question is based. The parties' dispute in the instant action, is rooted in the following warranties: the establishment closes by 2:30 AM daily; alcohol sales cease by 2:00 AM; the insured does not offer beer for less than $1.00; and the insured does not offer liquor or wine for less than $1.50.
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