E&O Weekly Prevention
Strategies for the Professional Agent
April 10, 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 "Your E&O limit - some things you need to know". 


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 "The World of the CFO", this week George interviews, Scott Addis, of Beyond Insurance and The Addis Group, to discuss something different: the World of the CFO, 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. 


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Angelo J Gioia


AOA News, Views, Tips & More

Insurer Found to Have Duty to Defend Based on Four Corners Rule

By Thomas Paschos, Esq, of Thomas Paschos & Associates, P.C.


In Lanigan v. T.H.E. Ins. Co., No. 646 WDA 2013 (Pa. Super., March 14, 2014), plaintiff, William Michael Lanigan filed a declaratory judgment and bad faith action against T.H.E. Insurance Company ("Insurer") seeking a declaration that the Insurer breached its duty to defend him under a commercial liability policy and acted in bad faith. Insurer filed a motion for summary judgment as to both claims; Mr. Lanigan filed a cross-motion for summary judgment solely on the duty to defend issue. The trial court granted summary judgment in favor of Insurer as to both counts contained in the complaint, and Mr. Lanigan appealed


Understanding the Importance of Certificates of Authority Withdrawals for Non-Resident Insurance Licensing for Insurance Agencies

By Barbara Donnar, CEO of Supportive Insurance Services


As an insurance agency, in order to do businesses in a non-resident state, you need to file a non-resident insurance licensing application. The state may then request verification of your Certificate of Authority, also known as a COA or a foreign qualification. 


Cy-"Burned" - The New Importance of Cyber Insurance

By Seth L. Laver, Esq. Jessica L. Wuebker, Esq. & Matthew D. Cabral, Esq. of Goldberg Segalla LLP


Data breaches that result in the unwanted dissemination of personal information are prevalent in the news of late, particularly given the rapid growth of electronically stored information and online commerce.  A data breach can be very, very expensive even for the smallest of companies.  On average, a relatively small breach that involves less than 10,000 records reportedly costs about $2.4 million in out-of-pocket expenses, $3 million in lost revenue, and no small amount of lost client confidence. Despite this risk, another recent study found that only 35% of small businesses invest in cyber insurance. This should be a major concern for all businesses and employers given that many standard policies exclude coverage for cyber losses.


By Philip R. Voluck, Esq. and Irina V. Rabovetsky, Esq. of Kaufman Dolowich & Voluck, LLP


Critical personnel decisions, including hiring, retention, promotion, reassignment, and firing, often have complex legal consequences for employers. On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") co-published two short guides on employment background checks. The publications do not make any substantive changes to the law, but rather are a joint effort to ensure that employers and potential employees have a solid understanding of their rights and responsibilities. The FTC enforces the Fair Credit Reporting Act ("FCRA"), the law that protects the privacy and accuracy of the information in credit reports. The EEOC enforces laws against employment discrimination, including in particular Title VII of the Civil Rights Act of 1964, as amended ("Title VII").


Employment Practices Liability - When A Partner Is Not Really A Partner, Large Risk Exposures Loom

By Joseph Monteleone, Esq. of Tressler LLP and Michael B. Krasner of The Signature Group, LLC


This post is co-authored with Michael B. Krasner of The Signature Group, LLC, a retail and wholesale insurance broker based in Garden City, New York, specializing in D&O, employment practices and other specialty line of business. 


Sore Losers Will Now Think Twice Before Filing Public Bid Challenge

By Melinda W. Ebelhar, Esq. and David J. Carroll, Esq. of Collins Collins Muir + Stewart LLP


No one likes finishing second, particularly where it is winner take all. Second-place bidders often take advantage of the strict rules governing the award of public contracts by challenging the winning bid. Litigating this issue is costly and time-consuming for public entities.

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