E&O Weekly Prevention
Strategies for the Professional Agent
May 15, 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 "Claims Made" vs "Claims Made & Reported"


MONDAY MORNING, the weekly "mini-webinar" features industry leaders interviewed by marketing guru George Nordhaus.    


This week George interviews, Barrie Wells, head of Wells Sports Foundation to discuss a very unusual topic, "From Entrepreneur to Philanthropist",  in an exclusive presentation. To see this week's presentation click here.


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".


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

California Court of Appeal Reaffirms Limited Duty of Insurance Brokers                                     

By Landon Schwob, Esq. of Jampol Zimet LLC


On March 10, 2014, the Court of Appeal of California, Third Appellate District, reaffirmed that insurance brokers owe a limited duty to their clients, which is only "to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured."


Insured v. Insured Exclusion Bars Coverage for FDIC Suit

By Kathy Karaboyas Malamis, Esq. of Tressler LLP


The Insured v. Insured exclusion precluded coverage for a civil action brought by the Federal Deposit Insurance Corporation (FDIC) against officers of County Bank where the FDIC had been appointed as receiver according to a federal judge in California. Hawker, et al. v. BancInsurance, Inc., et al., Case No. 12-cv-01261-SAB (E.D. California, April 7, 2014).


5 Types of People You Should NEVER Negotiate With

By Mark Hunter "The Sales Hunter"


Just because somebody wants to negotiate a deal with you doesn't mean you should.


Too much time is wasted negotiating with people you shouldn't negotiate with. Yes, the challenge is to be able to identify these people, and that's what I'm providing you with here. Not only is this a list of who not to negotiate with, but it's also insight on how you can smoke them out.


Tips, Tip Pooling and Service Charges: Developments & Guidelines

By Bruno W. Katz, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


Mandatory service charges and their distribution among wait staff have plagued the Hospitality industry for years. Federal courts interpret federal laws differently, and states have enacted their own statutes that keep employers in constant uncertainty, depending on where they are located. Also, tip pooling arrangements have been a regular part of many restaurant operations and are generally allowed by both federal and state law. However, there are limitations as to who can participate and how much can be contributed to the tip pool. Following is an overview of the guidelines involving tips, tip pooling and service charges and some suggestions on how to stay compliant. 


Four Tips for Managing Remote Workers

By Neil Amato, Senior Editor CGMA Magazine


The greatest challenge in managing a remote workforce is communicating with those off-site workers, according to a new Robert Half Technology survey, which asked more than 2,300 chief information officers (CIOs) about the difficulties they face in managing a worker they can't see face to face. 


Carbon Monoxide Poisoning Deemed Traditional Pollution Precluding Coverage Under Policy's Pollution Exclusion

By Joanna M. Roberto, Esq. and Paul C. Steck, Esq. of Goldberg Segalla LLP


This environmental coverage action involved a Church pastor and his wife's exposure to carbon monoxide from the Church's heating system resulting in the death of the pastor, and the court's interpretation as to the application of the policy's pollution exclusion.  Specifically, the insurer commenced a declaratory action seeking a determination that the policies' pollution exclusions precluded any duty to defend or indemnify the Church with respect to the pastors' estates' claims and issued a reservation of rights denying coverage on the basis of those exclusions.

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