E&O Weekly Prevention
Strategies for the Professional Agent
March 20, 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 "Do you have a document that details your documentation expectations?". 


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 "Jumping Off Cliffs and Learning to Fly", this week George interviews, Bruce Cochrane, President of Renaissance Group, in an exclusive presentation. To see this week's presentation click here.


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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

Common and Creative Claims Made Against Insurance Broker For Failure to Procure Coverage

By Peter J. Biging, Esq. of Goldberg Segalla LLP


Claims against insurance agents and brokers based on failure to procure coverage are not uncommon after an uncovered loss occurs. In these types of cases, the actions can often involve claims for negligence, breach of contract, breach of fiduciary duty, fraud and negligent misrepresentation. In a decision that was issued in Maryland federal district court in the latter part of last year, some interesting issues were addressed, including defenses based on legal technicalities, causation, and questions concerning whether an uninsured client can seek not just compensatory damages, but damages for emotional distress. The following is a discussion of this very interesting case, and how the court addressed each issue.


Prescribing High Potency Medication To a Known Drug Abuser: Is the Doctor Liable For Resulting Injuries?

By Julia A. Klubenspies, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


Key Points:

  • Can a physician be held liable when a patient with a known drug and alcohol history overdoses on a high-potency skin patch medication by using it in an "off-label" manner?
  • Were the plaintiff's actions reasonably foreseeable by the physician?
  • Was the "but for" proximate cause charge appropriate when multiple causes of the injury were possible, and was such a charge plain error by the trial judge? 

President Obama to Issue Executive Order Limiting Overtime Exemptions and Expanding the Number of Employees Eligible to Receive Overtime Pay

By Keith Gutstein, Esq. and Philip R. Voluck, Esq.


Using the sweeping power of an Executive Order, President Obama will seek this week to change the country's rules addressing overtime pay, and in the process drastically expand the number of employees eligible to receive such premium compensation.


5 Stupid Voicemail Mistakes and How to Avoid Them

By Mark Hunter "The Sales Hunter"


We've all heard stupid voicemails, and if you're like me, you do two things.


One, you delete them before they're done, and two, you remark to yourself how the person leaving it is a village idiot.


San Francisco Enacts 'Ban the Box' Law                       By Jamie" C. Allen, Esq., of Jackson Lewis P.C.


Private sector employers in the City of San Francisco will have to comply with new "ban the box" legislation restricting questions about applicants' criminal records on applications for employment and during job interviews. 


The Tax Professional's Dirty Dozen List

By Seth L. Laver, Esq. and Jonathan S. Ziss, Esq. of Goldberg Segalla LLP


April 15 is looming. For tax professionals across the country, the emergence of spring also means it's time to hunker down to prepare tax returns. In the midst of preparing returns and meeting deadlines, tax professionals must also consider the reality that tax advice and return preparation reportedly result in the greatest number of claims against accountants. Some good news is that there are common themes amongst the types of claims facing tax professionals which provide insight and valuable lessons. In particular, the IRS publishes an annual list of the "dirty dozen" tax scams which can provide an important risk management tool to the APL community. In its recently published 2014 list, identify theft and phone scams top the charts.

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