E&O PREVENTION

California Court Says Failure to Procure Claim is Assignable

By W. Burke Coleman, Demotech, Inc. An interesting case recently emerged from California addressing whether a failure-to-procure claim against an agent or broker may be assigned to third parties. I

Your Insurance Company’s Duty to Settle

By Robert M. Horkovich, Esq. and Anna M. Piazza, Esq. of Anderson Kill P.C. A policyholder purchases liability insurance coverage to protect itself in the event it gets sued. Assuming a claim again

Mutually Exclusive Polices Found to Share Defense Obligation

By Michael Lettiero, Esq. and Christian A. Cavallo, Esq. of Goldberg Segalla When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes clai

Liability of Insurers and Insurance Agents For Inaccurate Representations As To Policy Coverage – Part One

By Alan Jampol, Esq. of Jampol Zimet LLP  A Two-Part Article PART ONE – LIABILITY OF INSURERS A common claim against insurance agents and insurers is that at the time the insurance

Insurer’s Right to Rescind When Professional Liability Insurance Is Procured by Fraud

By Thomas F. Quinn, Esq. and Anne M. Dalena, Esq. of Wilson Elser In DeMarco v. Stoddard, the New Jersey Supreme Court, in a 5–2 decision, reversed an Appellate Division decision, DeMarco v

Insured Failed to Provide Timely Notice Under Claims Made Policy

By Elizabeth Musser, Esq. of Tressler LLP  Judge Jesus G. Bernal found notice provisions in claims made policies were unambiguous and enforceable as a condition precedent to coverage. The Citrus

Insurer Can Recover Defense Costs It Paid Before Appeals Court Found It Had No Duty to Defend

By Robert Tugander, Esq. of Rivkin Radler LLP An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial

EEOC’s Updated Retaliation Enforcement Guidance Seek to Expand the Reach of its Anti-Retaliation Laws

By Elizabeth A. Odian, Esq. of Hinshaw & Culbertson LLP Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retalia

Identity Theft is the First of the IRS’ “Dirty Dozen” Tax Scams of 2016

By Nathan W. Austin, Jackson Lewis P. C. Each year at the beginning of tax season, the IRS releases the “Dirty Dozen,” a list of twelve tax scams to be mindful of when individuals are f

Arbitration Agreement is Unenforceable if it Does Not Clearly State that the Signer is Waiving the Right to Pursue Legal Remedies in Court

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Perez v. Zagami, LLC, ___ N.J. Super. ____ (App.Div. Jan. 12, 2016), Perez and Zagami had a long history of litigation between th

Pitfalls of Arbitration Clauses in Employee Handbooks 

By Seth L. Laver, Esq. Jessica L. Wuebker, Esq. and Caroline J. Berdzik, Esq. of Goldberg Segalla An employee handbook is a necessary and familiar workplace fixture. A recent trend among employers

New Jersey Supreme Court Tackles Insurance Coverage Issues

By Robert D. Chesler, Esq. and Janine M. Stanisz, Esq. of Anderson Kill P.C. The New Jersey Supreme Court has only rarely addressed insurance coverage issues in recent years. However, in the presen

Risk in Cyberattacks on Professional Services Firm

By Gregory Bautista, Esq. Wilson Elser Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As

Sellers’ Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers

By Donald O'Brien, Esq. of Hinshaw & Culbertson LLP Home sellers hired defendant real estate agent to sell their home and entered into an agreement with plaintiffs purchasers. The agreement inc

Top 10 for 2016 – Happy Data Privacy Day

By Jason C. Gavejian, Esq. of Jackson Lewis P.C. In honor of Data Privacy Day, we provide the following “Top 10 for 2016.”  While the list is by no means exhaustive, it does provide

10 Things To Consider To Avoid Having An E&O Claim

By Angelo J Gioia, AgentsofAmerica.ORG Document Your Files & Put It In Writing It is important all discussions, phone conversations and meetings with your clients and prospective clients be

Lawsuits, Filed Four Years Apart, Alleging Different Theories, Deemed Interrelated

By Lindsey Dean, Esq. of Tressler LLP Two lawsuits, filed four years apart and involving different theories of liability, involved Interrelated Wrongful Acts and constituted a single Claim first ma

Appellate Court Affirms That Mode of Operation Does Not Apply

By Gregory D. Speier, Esq., of Marshall Dennehey Warner Coleman & Goggin P.C. In Troupe v. Burlington Coat Factory, A-1687-14T4, 2016 N.J.Super. LEXIS 17 (App. Div. Jan. 26, 2016), the plaintif

Small Business California Looks to Introduce Legislation To Change Accord Application

By Scott Hauge, President of Small Business California I am sure all insurance broker/agents and their staff have completed an Acord Workers’ Compensation application. How do you answer the

Inquiring Minds and the FMLA

By Ryan J. Kohler, Esq. and Lisa L. Peterson, Esq. of Collins Collins Muir + Stewart LLP Complying with the many provisions of the Family and Medical Leave Act (FMLA) is a concern for even those we

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