E&O Weekly Prevention
Strategies for the Professional Agent
May 29, 2014

Agents of America

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Letter From  the Publisher

Agents of America Announces Book Two in E&O Risk Management 

Series is Now Available   


Book Two in the series is focused on the E&O Exposures In The Sales Process.  Not only does it provide a solid in-depth review of the sales process with details of risk management and risk-avoidance guidance for the insurance professional, it also includes a host of best practices to minimize the potential for an agent facing E&O litigation.


Book Two represents a natural progression from Book One that was released in November 2013,and clearly further AOA's mission of delivering the highest value education to its members. The book provides E&O loss control insight and techniques arising from the sales and service of insurance products. The book will address the E&O exposures for agencies during the pre-sale, sale and post sale periods addressing issues such as the legal duties of both the agents and their customers, education of both the staff and customers, account review, Exposure Analysis Checklists and the power of a signed application.  For more details CLICK HERE.


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 "Are you doing the necessary follow up?"


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

"Creating Value for Large Buyers", this week George interviews, Rob Ekern, President and CEO of CR Ekern & Company, joins me to discuss how you can create value in your agency for large buyers, 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

Exposures Faced By Directors, Officers, Trustees and Others in Privately-Held and Not For-Profit Organizations Risks and Insurance Solutions

By Joseph P. Monteleone, Esq. of Rivkin Radler LLP


Part One of three exclusive articles. Part Two will deal with Not-for-Profit Exposures, while Part Three will focus on the D&O Insurance Solutions to the risks discussed in the first two articles. 


In the realm of corporate governance issues and securities liability exposures, most directors and officers in publicly traded corporations have long been sensitive to the perils they face and the need for solid programs of corporate indemnification and D&O liability insurance to protect their individual assets and, indirectly, the company's bottom line.


Telecommuting as a Reasonable Accommodation: A Remote Possibility?

By Dean Rocco, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


In recent years, many employers have shied away from telecommuting programs and arrangements, believing employees cannot perform their jobs as effectively from home or be adequately supervised while working remotely. Disputes naturally arise when such employers receive requests from disabled employees seeking telecommuting as an accommodation. Employers who genuinely place an emphasis on employees working at the office or job site can expect to find support from the courts when they deny such requests. However, these employers must be prepared to explain legitimate business justifications for their position on telecommuting and ensure their policies and past practices are consistent with that position.


The State of Insurance Agents E&O

By Curtis M. Pearsall, CPCU, AIAF, CPIA, Executive Director of the AOA Learning Center


Most E&O historians will comment that the concept of Agents E&O in the United States has been around since the mid 1960's. This is when the two major agents association entered into relationships with specific carriers to underwrite this class of business. It is not easy to find historians that can comment on claims frequency / severity going back roughly 50 years but if one were to guess, it is doubtful that there was much claims activity to speak of. The legal climate back in the mid 1960's definitely looked much different than it does today. So when reviewing any types of statistics and looking to make comparisons to today, it would probably be appropriate to somewhat discount those early years of Agents E&O.


6 Dead Horse Sales Activities You Need to Stop ASAP... The Horse is Dead!

By Mark Hunter "The Sale Hunter"


Far too many salespeople and sales managers are still living as if it is 2013 or even 2010.


Things change and they change quickly, and if your sales process and strategies aren't keeping pace, then you're going to find yourself closing fewer sales.


Avoiding Legal Costs of Unpaid Internships

By Seth L. Laver, Esq., Michael P. Luongo, Esq. and Michael T. Glascott, Esq. of Goldberg Segalla LLP


Summer is almost here - the sun, vacations, Coronas, and lawsuits arising from unpaid internships. We've previously warned of these risks here and here. Yet, the suits that some call the "new slip and fall case" are more frequent than ever. It seems that every week brings news of another lawsuit filed by unpaid interns. So, another reminder is warranted. Employers must beware of these risks and take precaution to ensure that they are not the next victim of an FLSA class-action claim.

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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