E&O Weekly Prevention
Strategies for the Professional Agent
October 16, 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


Medical Information Worth 10x More Than Credit Card Data On Black Market

By Joseph J. Lazzarotti, Esq. of Jackson Lewis, P.C.

When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is "worth 10 times more than [] credit card number[s] on the black market" a trend that has been developing for some time. This makes health care providers and their business associates increasingly likely to be targets of an attack. Small businesses in this industry are not immune as even a solo practitioner can amass data on thousands of patients. See NYT article making this point and providing some helpful strategies.


Third Circuit Sets Standard for Return to Work Under the Family and Medical Leave Act

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.


In Budhun v. Reading Hospital and Medical Center, 2014 U.S. App. LEXIS 16541 (3d Cir. Pa. August 27, 2014), Ms. Budhun worked for Reading Hospital in a clerical position that required her to be typing approximately 60 percent of the time. In an accident unrelated to work, plaintiff broke the bone in her hand restricting the full use of her hand and fingers for typing. On August 2, 2010, plaintiff arrived at work with a splint and received an email from the human resources department telling her that her injury prevented her from "working full duty" with FMLA documents attached.

FDA Outbreak Response Is Not a Constitutional Taking

By Joseph F. Bermudez, Esq. and Robert F. Roarke, Esq. of Wilson Elser


Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such circumstances continues to be very rare. To avoid the "significant financial impact" of crisis management events involving governmental food safety regulatory actions, companies must consider the protection offered by product contamination and product recall policies that provide coverage for such insured events

Insurer Was Obligated to Defend Insured Against Allegations of Errors & Omissions In Real Estate Services Notwithstanding Allegations That Sale of Property Was to Facilitate Investment of Sale Proceeds

By Paul S. White, Esq. of Tressler LLP


On July 18, 2014, the U.S. Court of Appeals for the Ninth Circuit, in an unpublished opinion, affirmed a lower ruling from the District Court that an insurer was obligated to defend its insured against allegations that included the insured's involvement in "the performance of real estate services." In contrast, Greenwich Insurance Company's (Greenwich) brief argued that the District Court had erred in finding that the Bankofiers investment advice constituted "Real Estate Services" as defined by the policy.


By Patrick B. Omilian, Esq. and Jensen Varghese, Esq. of Goldberg Segalla LLP


This declaratory judgment action arises out of a dispute between two excess insurance providers, and stems from a settlement in an underlying personal injury claim. The plaintiff, GEICO, which contributed to the settlement, sought reimbursement from defendants Ohio Casualty Group, Ohio Casualty Insurance Company and Liberty Mutual Insurance Company, which did not participate in the settlement.  The other policy provided that it was excess above $10 million, but did not specify a specific policy which it was excess to.

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 Roger Sitkins, CEO of Sitkins International, joins me to discuss the next 10 lessons of a lifetime. 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


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