E&O Weekly Prevention
  
Strategies for the Professional Agent
March 12, 2015
Agents of America






 


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AOA News, Views, Tips & More

 

 

By Michael Mercer, Ph.D. of Mercer Systems, Inc.

Managers need to hire motivated, productive employees. Unfortunately, all applicants say (or lie) they are motivated. Fortunately, pre-employment personality tests plus certain pre-hire assessment methods can help you hire employees who are productive and motivated to help you grow your business.

Despite Recent EEOC Loss, Employers Must Be Cautious With Criminal Background and Credit Screenings

By Richard A. Braden, Esq. and Caroline J. Berdzik, Esq. of Goldberg Segalla

 

The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court's grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company's policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants. 

 

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

 

In Hargrove v. Sleepy's LLC, 2015 N.J. LEXIS 38 the New Jersey Supreme Court was asked by the U.S. Court of Appeals for the Third Circuit to decide which test a court should apply regarding the classification of an individual as an independent contractor under the New Jersey Wage Payment Law ("WPL") and the New Jersey Wage and Hour Law.


 

On December 16, 2014, U.S. District Court for the District of Minnesota Judge Paul A. Magnuson ordered Indian Harbor Insurance Co. and Ace American Insurance Co. (collectively, Insurers) to indemnify an insured bank in connection with a $55 million settlement made in an underlying action seeking the return of allegedly improper overdraft fees, holding that the settlement was covered under the Insurers' professional liability policies (collectively Policies). Judge Magnuson granted summary judgment to U.S. Bank National Association and U.S. Bancorp (collectively U.S. Bank) in its coverage battle with the Insurers, finding that the settlement is a covered Loss under the Insurers' Policies. U.S. Bank National 
 

Defective Demand Precludes Bad Faith Claims

By Marc J. Zimet of Jampol Zimet LLP

 

Bad faith claims are a frequent area of litigation for insurers. Insurers must understand, without question, under what circumstances the applicable policy requires coverage and when settlement must be accepted. Fortunately, however, California courts don't always side with policyholders.

 

ACA Information Reporting Creates Data Privacy and Security Issues

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

 

During this year, businesses will be hearing a lot about the Affordable Care Act's (ACA's) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which employers might want to take action on sooner rather than later - collecting Social Security numbers (SSNs), particularly when required to do so from the spouses and dependents of their employees. There are, of course, ACA implications for not taking this step, as well as data privacy and security risks for employer and their vendors. We address the latter here.

  

Sony and Its Insurers Wrangle over Coverage for Data Breach

By Travis Wall, Esq. of Hinshaw & Culbertson LLP

 

A coverage dispute winding its way through New York appellate courts could provide useful guidance about the scope of "personal and advertising injury" coverage in standard commercial general liability policies.

 

According to a Law360 report, Sony Corp.'s lawyers recently asked a New York appeals court to overturn a trial court's ruling that a data breach did not involve the "publication" of private information within the meaning of Sony's commercial general liability policy.

 

Ban-the-Box Legislation Limits Inquiries About Criminal Background Checks

By Yoora Pak, Esq. of Wilson Elser etal.

 

A growing number of state and local jurisdictions are enacting "ban-the-box" legislation that limits an employer's ability to ask about criminal convictions on employment applications. Some jurisdictions are imposing stiff penalties for violating the new law. Do you know if your state or county is joining this growing movement?





Letter From  the Publisher

NOW AVAILABLE ALL THREE BOOKS IN THE RISK MANAGEMENT SERIES


Protecting Your Reputation

 

As every Insurance Agent knows, their most important asset is their reputation, it takes years to build and just one mistake to ruin. Understanding the issues is the first steps in avoiding E&O Claims. AOA has created a three book series dealing with 56 different E&O topics and issues agents face every day. Enter promo code
WPD20 at checkout for an additional 20% discount.

 

 

Book One - 

A Comprehensive Guide To Avoiding E & O Claims

20 Chapters - 450 pages

 

This book addresses the broad swath of risks from which claims against insurance agents arise. It provides clear and concise risk management and risk-avoidance guidance, and provides solutions for each of the potential claims issues. It also provides comprehensive discussion of the legal issues that may arise in such claims and how the various states treat those issues.

This is Book One, the primary focus of this book is to provide insurance and legal professionals with keen insight into the issues that insurance agents face on a daily basis. While our society is more litigious than ever, through education and awareness, insurance agents can better understand this legal society and take the necessary proactive steps to minimizing the chances of their agency facing some form of E&O litigation.

ORDER NOW
 

Book Two - 

E&O Exposures in the Sales Process

18 Chapters - 587 pages


 

This book identifies and explains the E&O issues and exposures related to the typical new and renewal sales process within insurance agencies. Solid detail is provided addressing the E&O exposures for agencies during the pre-sale, sale and post-sale periods. The course addresses such issues as the legal duties of both the agents and their customers, the critical importance of education of both the staff and customers, the benefits of account reviews and the power of a signed application. Throughout each chapter, best practice solutions are provided to help agents manage those exposures.


This is Book Two, the primary focus of this book is to provide insurance and legal professionals with keen insight into the issues that insurance agents face on a daily basis. While our society is more litigious than ever, through education and awareness, insurance agents can better understand this legal society and take the necessary proactive steps to minimize the chances of their agency facing some form of E&O litigation. 

 

Table of Contents


Book Three - 

E & O Exposures By Line of Business

18 Chapters - 746 pages


This book identifies the unique E & O issues and exposures of the various lines of business, including personal auto, homeowners, general liability, directors and officer's liability, and employment-related practices liability. Each chapter contains solid detail for a specific line of business, and provides best practices and solutions to help agents manage those exposures.

This is Book Three, the primary focus of this book is to provide attorneys and insurance professionals with keen insight into the issues that insurance agents face on a daily basis. While our society is more litigious than ever, through education and awareness, insurance agents can better understand this legal society and take the necessary proactive steps to minimize the chances of their agency facing some form of E&O litigation.

 

 

Do You Need Continuing Education?

Complete your entire State-Required CE Online with WebCE! AOA 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. 

 

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"Bringing the Best Together"
Angelo J Gioia
Publisher

"Simplicity is the ultimate sophistication" - Leonardo da Vinci

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