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Twenty Quick Thoughts on How to Avoid Some E&O Pitfalls
By Alan Freisleben, Esq. of Freisleben Law Group LLP
Insurance agents (as well as other personal service professionals) often get bogged down in the day to day scrum of keeping their heads above water in a rapidly changing environment. The burden of managing their office, marketing their business, and servicing their clients once business is placed can be overwhelming in and of itself. Once in a while, it pays to take a step or two back and calmly consider some elemental risk management initiatives.
New Insurance Laws for 2014
By Marc Zimet, Esq, of Jampol Zimet LLC
Changes to health insurance laws have been at the forefront of national news for some time. This year, with the implementation of the Affordable Care Act (ACA), the insurance industry has seen some drastic changes. But the ACA isn't the only change to insurance laws. Below are some of the changes insurers and insureds can expect to see in the new year.
Licensed to Bill...Insurer Caution for Using Unlicensed Collection Agencies
By David Trout of Brown & Joseph, Ltd.
Despite insurer operational diligence, a small percentage of non-paying policy holders' premiums and/or claims debts may be sent to collection agencies for recovery. Carriers, brokers and agents are cautioned to know that an overwhelming majority of all commercial and consumer collection agencies are NOT licensed to pursue debtors in every State. Lack of sufficient licensure not only severely impedes collection but more importantly may expose insurers to potential nuisance litigation and financial liability.
Continuing Education for Insurance Licensing
By Barbara Donnar, CEO of Supportive Insurance Services
Yes, we know. The words "Continuing Education" are dirty words for most of us involved in insurance licensing. Whether you are an insurance agent or an adjuster, continuing education (CE) is a necessary evil. And as those of us in insurance licensing know, agents and adjuster tend to complete CE requirements at the last minute, which can cause problems and delays when renewing a resident license.
By Gina K. Janeiro, Esq. and Kurt J. Erickson, Esq. of Jackson Lewis P.C.
A divided Minnesota Supreme Court has reaffirmed longstanding precedent holding the presumption of the employee-employer relationship in Minnesota is "at-will." Dukowitz v. Hannon Security Services, No. A11-1481 (Minn. Jan. 2, 2014). This means that either the employee or the employer can terminate the relationship with or without cause and with or without notice. The Court further held it will continue to make only narrow exceptions to the at-will rule, refusing to make such an exception for an employment termination following an employee's application for unemployment benefits.
By Seth L. Laver, Esq. Michael P. Luongo, Esq. and Latha Raghavan, Esq. of Goldberg Segalla, LLP
Some of the critical ingredients to professional "success" include some combination of skill and marketability. Either, on their own, are insufficient for professional's to meet their goals. Today, marketing takes many forms - whether through social media, television, or traditional print. Developing an effective message and reaching the right audience are just as important as developing the skills of your trade. Many professionals have turned to blogs and other forms of social media as a form of marketing. However, these avenues of communication are not free of risk, especially with respect to the ethical limitations of attorney advertising. One attorney in Virginia learned this lesson the hard way.
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