E&O Weekly Prevention
Strategies for the Professional Agent
March 27, 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 "Be sure to bring closure to open quotes". 


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 "Average Employees vs. Great Employees" this week George interviews, Don Phin, V.P. of Strategic Business Solutions at ThinkHR, in an exclusive presentation. 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

Guidance For Agents Regarding E&O Exposure

By Colleen M. Murphy, Esq. and Fallyn B. Cavalieri, Esq. of Goldberg Segalla LLP


Minimizing an insurance agent or broker's errors and omissions (E&O) exposure due to an insurer's insolvency has been a long-standing concern of insurance agents and brokers. Questions that insurance agents and brokers have posed about recent downgrading of carriers in the A.M. Best ratings have brought insurer insolvency issues to the fore.


Service and Technical Professional Liability Insurance Policy - Personal Profit Exclusion

By Joseph Monteleone, Esq. of Tressler LLP


The underlying litigation in this case involved allegations that the insured engaged in a scheme involving new financing and excessive fees to defraud homeowners who were in danger of having their homes subject to foreclosure. The coverage litigation that followed was ultimately resolved by the U.S. Court of Appeals for the 4th Circuit last month in Cornerstone Title & Escrow Inc. v. Evanston Ins. Co., 2014 U.S. App. LEXIS 2990 (4th Cir. Feb. 19, 2014). 
[See here for a link to the decision]

Drafting the Employee Handbook

By Marc Zimet, Esq. of Jampol Zimet LLC


Are you an employer? Then you should have an employee handbook. If you don't have one, now is the time to procure one. If you do have one, then now is the time to review your handbook to ensure it is up to date with the ever changing employment laws. While the state of California does not require an employer to maintain an employee handbook, a well drafted handbook helps to avoid lawsuits, offers an affirmative defense to litigation, and ensures compliance with complex state and federal regulations.


What Motivates Productive Sales Reps? Pre-Employment Test Research Reveals Motivations of Productive Sales Reps

By Michael Mercer, Ph.D.


Sales Reps are your company's most important employees. As Henry Ford wisely remarked, "Until someone sells something, no one else has a job."


So, what motivates highly productive Sales Reps? Research using pre-employment tests of magnificently productive sales reps reveals the answer.


By Sarah K. Goldstein, Esq., Gregg J. Breitbart and Rina Spiewak of Kaufman Dolowich & Voluck, LLP


On March 4, 2014, in a 6-3 decision, the United States Supreme Court extended whistleblower protections afforded by the Sarbanes-Oxley Act of 2002 ("SOX") to employees of private companies that contract with public companies in a case called Lawson et al. v. FMR LLC et al.[1]The court held that employees of privately held investment advisors that manage or advise publicly-traded mutual funds are entitled to SOX whistleblower protection for reporting fraud that they observed in connection with the management of those funds.  This ruling may result in more employment-related whistleblower lawsuits being filed by employees who report such alleged fraud and are then subjected to an adverse employment action as a result.
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