Revisiting Restrictive Covenants

By Peter Larkin, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP     Accounting firms often use post-employment restrictive covenants to prevent their clients and employees from

Research Using Pre-Employment Tests to Discover Companies’ Actual Core Competencies

By Michael Mercer, Ph.D. of Mercer Systems, Inc.   Many companies proudly show their list of core competencies to anyone who will look. However, the core or key competencies listed often

Ramifications for Employer's When There Are "Guns At Work"

  By Rocco J. Carbone, III, Esq. of Marshall Denneney Warner Coleman & Goggin, P.C.     Key Points:

Remembrance of Passwords Past

By Susan Hinrichs, The weakest point of security in most systems is when you log in.  If the attacker can convince the system he is you, then fancy encryption and cryptography doe

Results of Last Month's Poll Question

If there was a competitive excess policy available, would your agency purchase higher limits of liability?   98% Yes 2%   No  

Results of Last Month Poll Question

Do your clients frequently lose policies and other documents you've given them? 77%    Yes 22%    No 1%      Sometimes

Results of Last Month's Poll Question

When calling on a clients and prospects at their offices or homes, do you have internet access to the information you need to properly service the client or close a sale?   75%  Yes &nbs

Results of Last Month's Poll Question

What level of due diligence does the firm do on new products?   72%  Significant - We have the product reviewed by outside counsel as well as internal executive cocommittee.  21%

Reputational Risk Insurance in a Captive Instead of Using More Traditional Methods

 By Andrew Barile of Andrew Barile Consulting Corporation   There are numerous advantages to captives over traditional commercial insurance. One is the access to underwriting and investm

Results of Last Poll Question

Choice of broad terms vs. cheaper coverage   65%        a) No way. I need the best protection I can purchase for my agency. 30%     

Retailer Who Checks ID May Avoid Liability Where Minor Uses Fake ID

  By Mark Herskovitz, Esq. of Manning & Kass Elrod, Ramirez, Trester LLP   In Ruiz v.

Registered Reps Are Not Employees Under California Law

    By Brandon S. Reif, Esq.  & Timothy W. Fredricks, Esq. of Winget, Spadafora & Schwartzberg, LL

Residents of An Insured's "Household" Could Include Relatives Who Live On the Insured Premises, Regardless Of Whether the Policyholder Is Also Present

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C.   In Miller v. Poole, ___ A.3d ___, 2012 WL 1980647 (Pa. Super. June 4, 2012), Helen Poole was a home owner and named insured on a

Restitution By Insured in Fraud Case Did Not Constitute Covered Damages

By Elizabeth M. McGarry, Esq. of Tressler LLP   An insurance policy did not cover the amount that the insured agreed to refund to a purchaser of subsidiaries to settle fraud claims. The S

Rescission of Policies Permitted When Insureds Misrepresent Claims Experience in Renewal Application

 Prepared by Dana Hentges Sheridan, Esq. of of Tressler LLP Concealment of a counterfeiting scheme in the renewal application amounted to a material misrepresentation, thus warranting r

Review of 2011 Insurance Coverage Cases Involving Food Contamination and Recall

By Robert D. Chesler, Esq. of Lowenstein Sandler PC     2011 saw the passage of the Food Modernization and Safety Act, vastly increasing the powers of the FDA to inspect and reca

Reinsurance Basics

By James A. Warters of Preferred Reinsurance Intermediaries   In many ways, reinsurance is an enigma with a frequently esoteric language, a chameleon-like ability to change structure and

Recent Epsilon Data Breach Highlights Necessity for Understanding and Pursuing Insurance Coverage fo

By Scott N. Godes Esq., John A. Gibbons Esq., David L. Elkind Esq.   You may have heard the news about the Epsilon data breach. In light of the event, we wrote an alert for our firm and t

Reducing Your Catastrophe Exposure – Lessons From Ike

  On September 13th, 2008, Hurricane Ike made landfall over Galveston, Texas. Ike became the third most destructive hurricane in the history of the United States with over 100 deaths and an e

Recent Developments in Regards to The Duty to Advise/Procure

  Generally, an insurance agent/broker has a duty to procure the coverage that has been requested, or if unable to obtain same, to advise the customer of the inability to do so within a reaso

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