E&O Weekly Prevention
  
Strategies for the Professional Agent
May 14, 2015


Agents of America






 


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AOA News, Views, Tips & More

Your Employee Handbook Policies May be Unlawful!

By Philip R. Voluck, Esq. and Keith J. Gutstein, Esq. of Kaufman Dolowich & Voluck, LLP


On March 18, 2015, the National Labor Relations Board ("NLRB") issued new Guidance regarding the types of employer policies and rules - typically contained in employee handbooks - that actually interfere with employees' Section 7 rights under the National Labor Relations Act ("Act"). Chief among these rights are the so-called "employee freedom of speech" rights, which can unintentionally be violated by otherwise benign rules.

 

Right to Criticize Gets a Bigger Public Platform on the Internet with the Introduction of .sucks Domains

By Adam R. Bialek, Esq. and Gregory N. Brescia, Esq. of Wilson Elser

 

The Internet Corporation for Assigned Names and Numbers, more commonly known as ICANN, has recently approved more than a thousand new general top-level domains (gTLDs), which are anticipated to launch over the next few years. Challenging the stalwart gTLDs (.com, .net, .org, .gov and .edu), one of the recently approved gTLDs that will have a significant impact on trademark owners everywhere is the ".sucks" or "dotSucks" gTLD.

 

Standard Flood Insurance Policy ("SFIP") Does Not Cover Expenses for Removing Storm Generated Debris Not Owned by Insured

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

 

In Torre v. Liberty Mutual, 2015 U.S. App. LEXIS 4902 (3d Cir. March 26, 2015), the Torres own land and a house in Mantoloking, New Jersey. They also hold a National Flood Insurance Program Dwelling Form Standard Flood Insurance Policy ("SFIP") issued by Liberty Mutual under the National Flood Insurance Act of 1968.






 

 

 

Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

By Erica K. Rocush, Esq of Hinshaw & Culbertson LLP

 

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in employment agreements, separation agreements, or even settlement agreements in which an employee agrees to give up his right to future employment with the company? Is that lawful? The Ninth Circuit just considered this very issue. 

 

Lead Paint is Not an Excluded Pollutant in CGL Pollution Exclusion

By Rebecca Haworth. Esq. and Michael Glascott, Esq. of Goldberg Segalla LLP 

 

In a personal injury action involving ingestion of lead-based paint in the house the claimant rented from the insured, the majority of the First Division Georgia Court of Appeals held that a policy's pollution exclusion does not bar coverage for underlying personal injury claims, because lead-based paint was not specifically listed as a pollutant in the policy. Therefore, the exclusion did not exclude coverage for injuries arising out of the ingestion or inhalation of lead-based paint. This decision reversed the trial court grant of summary judgment to the insurer.

 

EEOC Wellness Program Regulations Offer Best Practices for Medical Record Confidentiality

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

 

As reported on our Benefits Law Advisor, the EEOC has issued proposed wellness program regulations. Much of the attention to those proposed rules understandably will be how they would affect the incentives employers have implemented to spur their employees to engage in healthier behaviors. The proposed rules also address, however, the confidentiality provisions under the Americans with Disabilities Act and, in particular, offer suggestions about steps for complying with the confidentiality requirements, along with some best practices. 

 

Notice-Prejudice Rule Does Not Apply to Time-Specific Notice Requirement in Claims-Made Policies

By Kathryn A. Formeller, Esq. of Tressler LLP

 

Colorado's notice-prejudice rule does not apply to time-specific notice requirements in claims-made insurance policies. Applying the notice-prejudice rule to claims-made policies would alter fundamental terms of the contract and does not serve the public policy interests that originally support adoption of the rule. Craft v. Philadelphia Indem. Ins. Co., No. 14SA43, 2015 CO 11, 1 (Co. Feb. 17, 2015).

 

Age Discrimination and the Shifting Burden of Proof

By Marc Zimet. Esq. of Jampol Zimet, LLP

 

As all too many employers know, discrimination claims can arise in many shapes and forms, and can be challenging to defend due to presumptions in favor of the employee. Understanding what an employer must prove to effectively defend age discrimination claims is crucial to combat a recent wave of age discrimination claims.




Letter From  the Publisher

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

 

"Do first things first, and second things not at all." - - Peter Drucker 

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