E&O Weekly Prevention
Strategies for the Professional Agent
April 3, 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 an E&O goal for 2014?". 


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 "Agency Differentiation and ERM", this week George interviews, Donna Galer, Independent Insurance Professional, Consultant and Author, joins me to talk about Agency Differentiation and ERM, 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

Claims-Made And Reported Policies - Recent Late Notice Prejudice Requirements - Are The Insurance Products Being Underpriced?

By Joseph Monteleone, Esq. of Tressler LLP


Three recent decisions since the beginning of this year illustrate how different courts presented with divergent facts might interpret substantially similar claims-made and reported requirements in policies.


Discovering, Authenticating & Utilizing Social Media in Litigation: Strategy Considerations

By Donald L. Carmelite, Esq. and Allison M. Domday, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C


Key Points:

  • Old-fashioned, time consuming detective work is necessary to collect social media evidence.
  • Utilizing social media evidence strategically, whether gathered informally or by motion, can assist you in quickly resolving your case.
  • When properly admitted into evidence, social media can injure a litigant's credibility at trial and greatly affect the outcome of a case in your client's favor.

To Err Is Human: Exclusions from "Insurance Vows"

By Louie Castoria, Esq. of Wilson, Elser, Moskowitz, Edelman & Dicker LLP


If wedding vows were worded like E&O insurance policies, they might sound like this:


"I, Randolph, take you, Gertrude, to be my lawfully wedded wife, to love and honor, for better, for worse, for richer, for poorer, in sickness and in health, as long as we both shall live. 


Keeping Health and Workers Compensation For Your Business In Perspective

By Aaron Peterson, Editor Agents Advantage


If you haven't been paying attention as the owner of a business, now is the time. If you have been trying to find some answers there is still time.


The open enrollment period to purchase health insurance coverage for 2014 through the Health Insurance Marketplace runs from Oct. 1, 2013, through March 31, 2014. If you are seeking information about how to obtain health care coverage or financial assistance to purchase health care coverage for you and your family, visit the Health and Human Services website, HealthCare.gov. For anyone who has not completed enrollment but did begin the process there is additional time allowed up until April 15th 2014.


By Mark Hunter "The Sales Hunter"


There is no need to dread negotiating. If you do dread it, then chances are you're not going to succeed.


Poisoning a Coworker is Outside the Scope of Employment, California Court Rules

By Mitchell Boomer, Esq. of Jackson Lewis P.C.


A California Court of Appeal has ruled that a medical staffing company was not vicariously liable for its medical assistant who poisoned a coworker while on assignment at a hospital. Montague et al. v. AMN Healthcare, Inc., No. D063385 (Cal. Ct. App. Feb. 21, 2014). The Court found the medical assistant's "highly unusual and startling" actions occurred outside the scope of her employment and affirmed summary judgment in favor of the staffing company.

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