E&O Weekly Prevention
Strategies for the Professional Agent
June 5, 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

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

Series is Now Available 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 "When a Customer's Signature Didn't Help"


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

"A New-Fashioned Old Agency!", this week George interviews Lisa Marciano and Christine Sciola of Appleby & Wyman Insurance Agency to discuss turning your old-fashioned agency into a new-fashioned old agency! 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

Professional Services Exclusion Applies to Bar Coverage For Investment Management Firm

By Thomas Hanekamp, Esq. of Tressler LLP


Policyholders assert, sometimes successfully, that courts should parse the underlying allegations of complaints and find a defense is owed, or reimbursement of defense costs is owed, where a single allegation establishes a potentially covered claim. Where this fails, as it should, is where the context of the allegation is disregarded and the policyholder advances a strained and contorted view of the pleading. A recent well-reasoned decision from the District of Columbia provides some guidance on these issues adopting a common sense approach that is loyal to the contractual language to which the parties agreed. A copy of the decision can be accessed here.     


By Joy Napier-Joyce, Esq, and Melissa Ostrower, Esq. of Jackson Lewis P.C.


Key points:

  • Employers should utilize the revised model notices
  • Employers should be proactive in communicating with employees about "Marketplace" coverage
  • Employers may want to notify affected individuals of special enrollment rights

Employers Beware: A New Statement on Obamacare Rulings from the IRS

By Aaron Peterson, Editor Agents Advantage


The IRS recently published a ruling that clarifies that when an employer does not establish a health insurance plan for its own employees, but instead chooses to reimburse those employees for premiums they pay for health insurance either inside or outside the Exchange ("Marketplace"), such an arrangement constitutes an "employer payment plan." http://www.irs.gov/uac/Newsroom/Employer-Health-Care-Arrangements   These arrangements fail to satisfy the Affordable Care Act. The ruling comes as a blow to many employers who gave their workers tax-free cash contributions to purchase coverage or include reimbursement plans such as health reimbursement arrangements. Employers have to consider the ACA market reform with rulings on annual dollar limit prohibitions which state annual limits are the total benefits an insurance company will pay in a year while an individual is enrolled in a particular health insurance plan. Starting in 2014, the Affordable Care Act bans annual dollar limits. 


Evolving International Regulations on Client Data Put More Pressure on Accounting Firms

By William J. Kelly, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP


The world may be getting smaller, but the number of ways various countries approach confidentiality is growing. A mosaic of disparate regulations should give any auditor or accountant pause when providing services for clients that have operations across international borders. What may be sufficient client data protection in one country may not be in another. What may be common data handling in one country may be a crime in another. To complicate matters, the regulatory landscape is consistently evolving, thrusting more duties and obligations on accountants than ever before. A firm with international clientele would best be served by identifying those jurisdictions in which it has clients and assessing the impact of the applicable confidentiality and data protection laws.


Decision Holding Telecommuting to Be a Reasonable Accommodation Provides a Cautionary Tale for Employers

By Caroline J. Berdzik, Esq., Sean P. Beiter, Esq. and Matthew C. Van Vessem, Esq. of Goldberg Segalla LLP


In a 2-1 decision, the Sixth Circuit in EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. April 22, 2014) has dealt employers a blow regarding the extent to which a company must reasonably accommodate an employee with a disability. In this particular case, the employee sought a four-day-per-week telecommuting arrangement. Even though Ford found in its business judgment that this was not a workable arrangement, the court disagreed, noting that due to modern technology, the types of jobs where employees can fulfill all essential requirements while working remotely has significantly increased. 

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