E&O Weekly Prevention
Strategies for the Professional Agent
September 11, 2014
Agents of America

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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".

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Angelo J Gioia


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