E&O Weekly Prevention
Strategies for the Professional Agent
September 18, 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 "Customer Accountability - A Great E&O Goal!"

Court Examines Producer's Role in Processing Inaccurate Online Application

By Edward F. Donohue III., Esq. of Hinshaw & Culbertson LLP


Douglas et al. v. Fidelity National Insurance Co., 2014 WL 4261346 (Cal.App. 8/29/14).


A California Court reversed an $800,000 fire loss recovery on the grounds that an independent agent may have effectively acted as the policyholder's broker in submitting an inaccurate online application. In that event the court suggested the property insurer Fidelity National Insurance Co. would likely be entitled to rescind the policy.


Under the Right Circumstances, an Insured Entitled to "Independent Counsel" in California Can Retain More Than One Firm

By Carey B. Moorehead, Esq. of Wilson Elser


In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of rights. The court's ruling came in the case of Signal Products v. American Zurich Insurance Company, et al., U.S. District Court, Central District of California No. 2:13-cv-04581 - CAS-AJWx.


Medical Professional Negligence - What's In A Name? If You're The Plaintiff, It Doesn't Matter

By Wendy R.S. O'Connor, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


Key Points:

  • A plaintiff may proceed on a claim of medical professional negligence against a corporate health care provider even absent the identification of specific individuals whose conduct is imputed to the corporate health care provider.
  • A plaintiff must still establish at trial that the corporate health care provider's "staff" breached a duty owed to the plaintiff, although it is not clear whether the plaintiff must identify specific individuals at trial, or prior thereto, in order to avoid summary judgment.
  • In considering the viability of a plaintiff's corporate liability claims, the trial court must not limit its analysis to the four bases of liability identified in Thompson v. Nason Hospital, but it must also consider the factors enumerated in 322 of the Restatement (Second) of Torts and in Scampone and Althaus.

You Get Sick Leave, I Get Sick Leave, Everyone Gets Sick Leave in California

By Nicole Davis Tinkham, Esq. of Collins, Collins Muir + Stewart LLP


On July 1, 2015, California becomes the second state in the nation to guarantee paid sick leave for nearly all employees. The new law will be known as the Healthy Workplaces, Healthy Families Act of 2014. This law will require all employers, with very few exceptions, to update their handbooks and institute a new record-keeping policy for their employees.


California Supreme Court Rules On Insurer's Duty to Defend Disparagement Claims

By Marc Zimet, Esq. of Jampol Zimet LLP


On June 12, 2014 the California Supreme Court decided what constitutes disparagement under a commercial general liability policy in Hartford Casualty Insurance v. Swift Distribution, Inc. Its findings clarify what constitutes disparagement within the meaning of an insurance policy, as well as when an insurer's duty to defend is triggered.

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 Mike Stromsoe, The Insurance Doctor, joins me to discuss why nobody cares how much you know until they know how much you care. To see this week's presentation 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


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