ARTICLES LIBRARY

Overcoming Adversity

I was poking around my bookshelf the other day and came across an interesting observation by the stoic philosopher Epictetus. He said: "Adversity introduces a person to himself." And I thought, how tr

The Role of the Underwriter in the Prospecting Process

  Introduction Underwriting in insurance is all about calculating risk and articulating the viability of specific business. Traditionally, the underwriter has been downstream from the prospe

Who Really Achieves Success in Sales

Who Really Achieves Success in Sales?  by Mark Hunter Success in sales does not go to the one who has the lowest price. Nor does success in sales go to the one who has the best customers. A

Brokers Causation Defense

  One of the most frustrating – and dangerous -- problems for the insurance broker is the unexpected and, in the broker’s opinion, wrongful denial by the client’s insurer o

NonCompetion Agreements – Separating Fact From Fiction

  Employers are increasingly asking their employees to sign non-competition and non-solicitation agreements in an attempt to prevent the loss of customers and business when an employment relati

Don't Confuse Activity with Achievement

  We've all heard that consistent, persistent action is necessary to achieve success (more on that in a later newsletter...). But how many times have you worked at achieving some goal, only to

Immigration-Related Employment Liability

  Protecting Your Company from Fines and Debarment from Federal Contracts Under theImmigration Reform and Control Act of 1986 (IRCA),employers who hire or continue to employ in the United State

Compensatory and Punitive Damages are not Available in ADA Retaliation Claims

The U.S. Court of Appeals for the Ninth Circuit recently interpreted the retaliation provision of the Americans with Disabilities Act (“ADA”) to allow for equitable relief only, such as re

Three Common Recruiting Mistakes to Avoid

 At a time when so many people are looking for opportunities, one would think that it should be relatively easy to find great sales agents. But it's not as easy as it seems. In fact, there ar

Three Stages of a Sales Agent

Sales agents and advisors have a life cycle, similar to that of the life cycle of a franchisee. There's a beginning stage, an intermediate stage, and the final result stage. Most agents and advi

What's your Active Malfunction? Insured Denied Coverage for Contractual Claim of Poor Workmanship

Every day sellers of goods and services negotiate with customers for sales contracts. What if a seller was not forthright with a customer during these contract negotiations and the product failed to m

Finra Rule Update: Motions to Dismiss Ineligible Claims

Financial Industry Regulatory Authority ("FINRA") has recently revised its rules to significantly limit the ability of a party to file a Motion to Dismiss the Statement of Claim at FINRA arbitration.

Pennsylvania Appellate Court Rules that Emotional Damages may be Recoverable Without Proof of Physic

Recently, the Pennsylvania Superior Court in Cruz v. Princeton Insur. Co., 2009 Pa. Super 49; 2009 Pa. Super. LEXIS 64 (Mar. 24, 2009), ruled upon one of the elements of an abuse of process claim, i.e

Be Careful using the "We are not the Last Employer" Defense

Arguably, the most litigated issue in New Jersey workers' compensation court is whether additional permanent disability is caused by a petitioner's continued employment or by the natural progression o

Recent Changes to the FMLA: Addition of Military Leave

The Family and Medical Leave Act (FMLA), which became effective on August 5, 1993, provides eligible employees with up to 12 work weeks of unpaid leave per year. On January 28, 2008, President George

Convenants not to Compete: Why you may not be able to Work for your Employer’s Competitors

Many employees take for granted that they have the ability to leave their old job for perceived greener pastures. Perhaps unbeknownst to them, some employees are contractually prevented from simply

Only Losers Cut Their Prices

In today's marketplace, offering discounts seems to be the number one technique people are using to try and get business. Management has bought into the age-old argument that the only reason their sal

The Growing Authority of Arbitrators Under the Federal Arbitration Act

In the world of reinsurance, agreements, or Treaties, the inclusion of provisions mandating arbitration is a well-established industry standard. Despite the potential exposure inherent in reinsurance

New York Attorney General Files Suit Against

In July 2009, New York State Attorney General Andrew Cuomo commenced a special proceeding against several New York State collections law firms in a matter that will be decided by a New York State Supr

Business to Business Selling — Fire the Buyer

Want your sales people to be more profitable? Want your company to make more money? It's time to fire the Buyer! The difference between a customer (whom you should court) and the buyer (whom you shou

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