E&O Weekly Prevention
  
Strategies for the Professional Agent
July 10, 2014
Agents of America





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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 "Breaking News Story - Insurance Carriers Are Suing Their Agents!"

 

MONDAY MORNING, the weekly "mini-webinar" features industry leader and marketing guru George Nordhaus, this week George discusses "Tomorrow's Agency Today - Part 2", 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".

 

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Also if you have any thoughts, comments or suggestions, please email me at info@agentsofamerica.org. 

 

Along with freedom also comes responsibility. Let us never forget that. Let us never take our freedom for granted. On this 4th of July let us salute all those brave men and women who fought for our country.  May you have a Happy 4th of July this year and for the many years to come.

 

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Angelo J Gioia

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AOA News, Views, Tips & More

Preventing Elder Abuse in the Nursing Home

By Marc Zimet, Esq. of Jampol Zimet LLP

 

Despite the fact that nursing homes and long-term care facilities strive to provide the best care to their patients and residents, such facilities are exposed to a great risk of liability by employees who commit elder abuse. Elder patients are vulnerable and can easily fall victim to various kinds of abuse from employees, including physical and emotional abuse, neglect, and fraud. However, there are steps that nursing homes can take to reduce its risk of abuse.

 

Revisiting Restrictive Covenants

By Peter Larkin, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP 

 

Accounting firms often use post-employment restrictive covenants to prevent their clients and employees from being poached by departing partners and employees. As the number of accountants moving between firms has started to pick up again, so too has the number of disputes concerning the enforceability of the restrictive covenants those accountants signed at their former firms.

Expert Testimony May Not Always Be Required for Professional Negligence Cases in Connecticut

By Daniel S. Clark Jr, Esq. ofHinshaw & Culbertson LLP

 

Cammarota v. Guerrera, 148 Conn.App. 743 (2014) 

 

Plaintiff/appellant and his brother, retained defendant/appellee as their counsel to prepare an agreement related to the development of real property. The agreement contained the terms of the development of the property, the division of assets, and the allocation of payments between the brothers.

 

Blame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases

By Joanna D. Buchanico, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.

Key Points:

  • In premises liability cases, when the subject property is in foreclosure, Pennsylvania courts have established that plaintiffs' right to recovery against mortgage lenders is limited, if not completely precluded.
  • There can be no duty for a lender to maintain a mortgaged property unless they actually control or possess the property.

Employer's At-Will Policy Passes NLRB General Counsel's Scrutiny

By Steven S. Goodman, Esq, , Howard Bloom, Esq., Roger S. Kaplan, Esq. and Philip B. Rosen,Esq. of Jackson Lewis P.C.

 

As the National Labor Relations Board ("NLRB") continues to scrutinize employee handbook provisions, finding that many of them interfere with employees' right to engage in union or protected concerted activity, a determination upholding an at-will employment clause that had been challenged by a union is worth noting. 

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