E&O Weekly Prevention
  
Strategies for the Professional Agent
September 11, 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.  
AOA News, Views, Tips & More

E&O Tip on Consider Having Each Of The Staff Do A Mini Self Audit

 

 

Nothing Brings Out An Agents Mistake As Quick As A Catastrophe

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


This is an expression that probably every Agents E&O carrier readily subscribes to.  When you think about it, it really is true. If your agency had one customer that suffered a loss, what are the chances that there is a mistake of some type on that file? Possibly but the odds are in your favor. If a catastrophe (such as a hurricane) were to occur and now you had 100 customers that suffered a loss, what is the likelihood that there is a mistake on at least one of those files? In this scenario, the odds are probably not in your favor.

 

Employee Termination Pursuant to an Unlawful Confidentiality Rule is Lawful, NLRB Holds

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


In Flex Frac Logistics, LLC, 358 NLRB No. 127 (2012), the National Labor Relations Board (in a decision later upheld by a federal appeals court in New Orleans) held the employer's confidentiality policy was unlawfully overbroad, and, as a result, could inhibit employees from discussing terms and conditions of employment (i.e., wages, benefits, and the like). Thus, according to the Board, the policy violated employees' right to discuss these issues under Section 7 the National Labor Relations Act (NLRA). 

Courts Differ on Healthcare Reform

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

 

Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. CurČrently, only 14 states have established their own exchanges, while 36 states, including Pennsylvania and New Jersey, have opted to allow the federal government to run the exchange.

 

Notification Requirements Following Unauthorized Disclosure of Computerized Data Stored by Insurers

By Marc Zimet, Esq. of Jampol Zimet LLP

 

In a recent new bulletin, the California Insurance Commissioner addressed the issue of notice requirements after a breach of security information or improper disclosure of personal information by insurers, insurance producers, and other interested persons.

 

Another Victory for Insurers in Litigating the Scope of Coverage B: District Court Rejects Duty to Defend Against Alleged Violations of Data Privacy Laws

By Alex J. Yastrow, Esq. , Michael P. Kandler, Esq. and Jonathan L. Schwartz, Esq. of Goldberg Segalla LLP

 

In National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar, Inc. (W.D. Wash., No. C13-1014-JCC, Aug. 7, 2014), the U.S. District Court for the Western District of Washington ruled that National Union Fire Insurance Company of Pittsburgh, PA had no duty to defend Redbox Automated Retail, LLC (Redbox), a Coinstar, Inc. subsidiary, in two separate class action suits alleging that Redbox violated its customers' privacy.  Notably, the first class action suit, Cain v. Redbox, alleged that Redbox violated Michigan's Video Rental Privacy Act by sending to third parties customer information, without the customers' consent, gathered when a customer rented a movie from a Redbox kiosk.  The second class action suit, Mehrens v. Redbox, alleged that Redbox violated California's Song-Beverly Credit Card Act by requiring customers to provide their billing ZIP code and/or email.

Letter From  the Publisher
"Protecting Your Reputation" it takes years to build but only one mistake to destroy. Now Available, E&O Exposures in the Sales Process ORDER NOW.

MONDAY MORNING, the weekly "mini-webinar" features industry leader and marketing guru George Nordhaus, this week George interviews Rob Ekern of C.R. Ekern & Company joins me to discuss stewardship reports 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. We also would like to extend an invitation for you to join AOA's LinkedIn group at AGENTS OF AMERICA.

Is your Insurance License renewing soon?

Complete your entire State-Required CE Online with WebCE! AgentsofAmerica.ORG has partnered with WebCE, a leading nationwide provider of Continuing Education for insurance professionals to provide you with state-approved self-study CE courses to satisfy your CE requirements online! Check out your CE State Requirements.

 

"Bringing the Best Together"

Angelo J Gioia

Publisher

AOA Advertisers and Sponsors 

Swett Static Ad
ITS Logo
 
Firebrand Social Media
Learn.com




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