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... And Omissions Claims 4/30/2013 12:00:00 AM by CompleteMarkets Editor , Jack Fries This content has not been rated yet. If (when) your agency faces E&O litigation, you'll need to provide admissible evidence to the court. Laws are standard in most states, with six requirements for the admissibility of evidence. To give your agency the best chance of winning an E&O judgment, you need to comply with these practices: The files must be the Primary Source of Information. This ... The information must be Input By Competent Personnel. Every employee must have proper training to the extent that their job requires. Your agency should set up a training matrix for each job description to ensure that staff is trained properly. The agency has written, implemented and enforces Standard Written Procedures. Not only does this provide an E&O defense, it also encourages consistent processing and customer service. Several E&O carriers have told me that they will require written workflow procedures to purchase or renew E & O coverage. The ... Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Admissibility As Evidence For Errors And Omissions Claims 4/30/2013 12:00:00 AM by CompleteMarkets Editor , Jack Fries This content has not been rated yet. If (when) your agency faces E&O litigation, you'll need to provide admissible evidence to the court. Laws are standard in most states, with six requirements for the admissibility of evidence. To give your agency the best chance of winning an E&O judgment, you need ...

... ago we addressed the potential for lawsuits associated with agency errors and...that is often done to the productivity and sales activity of the agency operat...

...e admissible evidence to the court. Laws are standard in most states, with six...intains systems to limit and prevent Errors and Omissions losses

... their net taxable income. Adding federal income tax and state income taxes, the payout can be quite large. If independent contractor producers spend this money elsewhere rather than remitting it to the proper tax authorities, there can be trouble. Upon investigation and application of common law' factors, if the independent contractor producer' happens to be reclassified and declared an employee by a governmental agency (for whatever reason), the risks and liabilities for these tax liabilities, payments (and penalties) become the agency's responsibility. A CLEAR DEFINITION ... control over the results of the activity, the worker can be correctly designated as an independent contractor. (Examples of this right to control are explored further in this article.) Should an agency control or attempt to control an independent contractor's work, such as the enforcement of requirements to abide by procedures, adhere to certain business rules or programs, etc. Most likely, the status of the worker will be reclassified as employee and the agency can be held liable for employment taxes, benefits and other liabilities. If the agency ... , sales letters, and more! Communications Marketing Customer Service Planning Finance/Accounting Risk Management Human Resources Selling Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Independent Contractor Producers: Do They Pose Higher Risks For Agencies Today?4/30/2013 12:00:00 AM by CompleteMarkets Editor , Paul Whiting This content has not been rated yet. Across the country there are independent insurance agents and brokers whose producers are either fully employed as employees by the agency/ ...

...tigation and application of 'common law' factors, if the 'independent contract...t contractor producers in insurance agencies and brokers has come to an end. The need to develop consistent and thorough underwriting information, control the marketing and placement of business, and adhere to standard methods, procedures and automation criteria, plus increased demands for owners to become better and stronger business managers all may ...

...pply to insurance agents as well as lawyers in cases involving simple negligen...rceable under both California and U.S. law, unless they can be attacked for gr...

...nsurance agencies will be hit by a lawsuit, and the average agency is four ti...y evaluated with respect to financial and operational red flags that might in...

... subsequent breach. XVII. GOVERNING LAW This Agreement shall in all respects be governed by the laws of the State of [State]. Venue of any... in this Agreement shall be in writing and shall be served either (a) personally by handing the same to the person to be ser...

... faster than all other types of federal civil lawsuits. The researchers found that while discrimination in hiring formerly was the most common complaint, now the greatest number of cases revolve around discrimination in firing. Such litigation accounts for about half the civil injury suits handled by labor law attorneys today. And whereas executives and mangers used to be the only employees involved, many of these actions are now filed by nonmanagement personnel. The study also showed that the number of cases filed increased during periods of unemployment and that the level of back pay ... ); Salary Administration and Employee Benefits (including holidays and vacations); Performance Requirements; Working Conditions and Safety Considerations. The law does not require a business to provide a handbook, but the existence of one is an indication that the owners want policies to be enforced fairly and consistently. It can also provide much better communication of those rules than can be accomplished via word of mouth. Attorneys caution, however, that a handbook can be a problem when management does something contrary to what is written. If you know you ... Recent All Back Avoiding Adverse Legal Decisions 4/30/2013 10:36:15 PM by CompleteMarkets Editor , Carol Hammes This content has not been rated yet. AVOIDING ADVERSE LEGAL DECISIONS by Carol Hammes Several months ago we addressed the potential for lawsuits associated with agency errors and omissions. Unfortunately, there are a number of other threats to the small business owner that can turn the life of even the most cautious agency principal into a real nightmare. This month we will deal with two types of legal action that can seriously ...

... 1. Who to ask? Everyone in the value-added chain, customer to customer, plus support staff. The purpose of the interviews is to gather data, not to give information or correct a problem. Unless the place is burning down or someone is breaking the law or stealing from the agency, do not react to what you hear or see. Your purpose is not to fix problems but to create an environment where they will be prevented from occurring in the future. The Teams Job Is To RECEIVE information, not to ... defined in relation to operating benchmarks for every department, business unit, and position. Starting with a blank sheet of paper, lead your team through a process of establishing performance benchmarks. The result is a complete set of performance criteria for: Customer growth Revenue growth Enforce policy growth Expenses by area of responsibility Profit Service timeliness Quality, Customer satisfaction Productivity:, corporate, departmental, and individual Other areas the team feels should be included Everyone should know what the agency's performance benchmarks are. To be certain they do, conduct an ... checklists, tip sheets, sales letters, and more! Communications Marketing Customer Service Planning Finance/Accounting Risk Management Human Resources Selling Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back A Practical Guide For Re-Engineering Your Agency 4/30/2013 12:00:00 AM by CompleteMarkets Editor , David Stambaugh This content has not been rated yet. Call it whatever you like-re-engineering, restructuring, transformation, flattening, downsizing, rightsizing, a quest for global competitiveness- it's real ...