E&O Weekly Prevention
Strategies for the Professional Agent
May 1, 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 "Is there an E&O impact when the rating of one of your carriers changes?"


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 "Succession Planning on Your Terms", this week George interviews, Rick Dennen, CEO and Founder of Oak Street Funding to discuss the process of succession planning for your agency's future, 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

TRIA Little Harder, Congress!

By Louie Castoria, Esq. of

Wilson, Elser, Moskowitz, Edelman & Dicker LLP


Insurance relies on uncertainty most of the time, so we price premiums based on events that the actuaries say are predictable en masse instead of unpredictable on an individual basis. But there is one totally predictable and possibly catastrophic event looming over the U.S. economy - one that is man-made and can be unmade, but only if Congress acts in time.

A D&O's Success on "the Merits or Otherwise" Should Eliminate Insurance Company Attempts to Recoup Defense Costs 

By William G. Passannante, Esq. of Anderson Kill P.C.


D&O liability insurance is specifically designed to protect individual directors and officers from crushing defense costs related to claims made against them. The D&O liability insurance protection works alongside the usual "corporate indemnity" protection available to many directors and officers.


Feds Are Serious About Data Security

By Mark L. Mattioli, Esq. and David J. Shannon, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive  trade practices related to a major data breach could proceed. Although the breach did not happen in a health care setting, it nevertheless has implications for health care providers.


Wisconsin Limits Employers' Access to Personal Social Media Accounts of Employees, Job Applicants    By John Ella, Esq. of Jackson Lewis P. C.


Adopting restrictions on employers' ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions. 


Wisconsin Public Act 208, effective April 9, 2014, prohibits employers, regardless of size, from requiring or requesting passwords or access information for the social media and other personal Internet-based accounts of employees and job applicants. The new law also imposes similar restrictions on educational institutions as to students and prospective students, and landlords as to tenants and prospective tenants. 


California District Court Finds No Duty to Defend Under EPL Policy for Class Action Labor and Wage-Related Claims

By Devin C. Maddox, Esq. of Tressler LLP


New Hampshire Ball Bearings, Inc. (NHBB) was sued for alleged labor law violations and unfair wage practices, and tendered the claim to its EPL insurer, National Union Fire Ins. Co. of Pittsburgh, PA (National Union). After National Union declined coverage, NHBB sued claiming breach of contract and bad faith. The U.S. District Court for the Central District of California granted summary judgment in favor of National Union and against NHBB, holding that the underlying claims alleging a uniform policy and practice of failing to pay appropriate wages and violating labor laws were expressly excluded under the policy, and the insured could not rely on extrinsic evidence concerning potential claims to establish coverage. New Hampshire Ball Bearings, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa., 2014 U.S. Dist. LEXIS 31448 (C.D. Cal. March 10, 2014).

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