E&O Weekly Prevention
Strategies for the Professional Agent
April 17, 2014

Agents of America

Follow Us on Linkedin 


Upcoming Events

Like us on Facebook         Follow us on Twitter       View our profile on LinkedIn 

Learning Center

AOA Strategic Partners 

AOA Preferred Partners

Grebe & Associates, P.C. 
Huggins Actuarial Services, Inc.
Insurance Tax Service
Mark Hunter
Mercer Systems, Inc.
Pearsall Associates
S&A Event Services
eSolutions Inc.
IEA Training
Insurance Networking News
Swett & Crawford 
Printing Tips
If you would like to print an article from this newsletter follow these steps:
Click the "Read More ..." link of the corresponding article.
That will get you to the article page.
At the end of the article click "print this page" button to print the article.  
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 "Account Reviews - is your agency at least making the offer?". 


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 "Rising to the Challenge of Direct Online Business Insurance Sellers", this week George interviews, Sam Friedman, Insurance Research Leader at Deloitte to discuss how independent agents can remain relevant in the age of direct online sales to business insurance customers, 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

2014: The Affordable Care Act Is Alive and Well - Are You Ready?

By Frank J. Fanshawe, Esq. and Sandy M. McDermott, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


The U.S. Department of the Treasury (Treasury) recently announced yet another delay in the Employer Shared Responsibility (ESR) provisions of the Affordable Care Act (ACA). While this latest suspension in the enforcement of the ESR provisions may lead some employers and insurers to believe that issues regarding the Act can wait, that is simply not the case. Several key aspects of the ACA that took effect on January 1, 2014, impact employers and insurers alike.


Another Victory for Insurers in the Application of the Insured v. Insured Exclusion to Failed Bank Litigation

By Thomas K. Hanekamp, Esq. and Kathryn A. Formeller, Esq. of Tressler LLP


Coverage was unambiguously precluded by an Insured v. Insured exclusion for claims brought by the FDIC against former bank directors despite the insured's arguments concerning industry purpose and ambiguity. BancInsure, Inc. v. McCaffree, No. 12-2110, 2014 U.S. Dist. LEXIS 24941 (D. Kan. Feb. 27, 2014).


Employer Can Fire Worker Who Refused FMLA Leave for Violating No-Show Policy, Federal Court Rules

By Jamie C. Allen, Esq. and Cynthia Sandoval Esq. of Jackson Lewis P.C.


An employer did not violate the federal Family and Medical Leave Act for terminating an employee for violating its no-show, no-call policy, where the employee elected not to take protected FMLA leave, even though the reason for the employee's need for time off would have been covered under the statute, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Escriba v. Foster Poultry Farms, Inc., Nos. 11-17608 & 12-15320 (9th Cir. Feb. 25, 2014). Affirming a judgment in favor of the employer on the employee's claim for interference with her FMLA rights and rights under California law, the Court also ruled the district court did not err in admitting evidence about the plaintiff's prior FMLA leave.


Engineer Not Liable for Telling Contractor It Would Be Paid for Differing Conditions

By Donald O'Brien, Esq. Hinshaw & Culbertson LLP


JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014)


Plaintiff contractor was hired by two Montana Counties ("the Counties") to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the project.

By Joseph M Hanna, Esq, of Goldberg Segalla LLP


A recent decision by regional director Peter Sung Ohr of the National Labor Relations Board (NLRB) declared that Northwestern University football players are school employees, and have the right to unionize. This movecould have vast potential ramifications for academic athletics and the NCAA, two groups that have traditionally worked together to set rules for players classified as "student-athletes."


Employer Can't Avoid California Kin Care Law Through ERISA

By Marc Zimet, Esq. of Jampol Zimet LLC


The California Court of Appeals recently held in Airline Pilots Association International v. United Airlines, Inc. that employer United Airlines could not escape compliance with California's "Kin Care" Law by creating an employee sick leave plan and trust and claiming it to be subject to the Employee Retirement Income Security Act (ERISA).

AOA Advertisers and Sponsors 

Swett Static Ad
ITS Logo

Firebrand Social Media
This newsletter is produced in conjunction with Agents of America, www.agentsofamerica.org. The contents of which may not be reproduced without the express written permission of Agents of America. Copyright 2013