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...ng according to the contract or the law. The company may have fulfilled its re... an opportunity to address the problem and perhaps take steps to prevent simil...

... 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

...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...

... 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/ ...

... was aware of this, did the agency bring it to the company's attention? This can be somewhat of a paradox. The agency and the client may perceive that the company didn't meet its responsibilities even though the company has done everything according to the contract or the law. The company may have fulfilled its responsibilities but didn't communicate well with everyone involved. Insurance companies do make mistakes. When they do and the agency knows it, the agency should communicate the facts to the company. The agency should also inform the client so ... . With that in mind, let's look at each question. Were agency procedures and policies followed? It's part of every employee's job to follow agency procedures and policies; whether they do is part of their performance evaluation. If employee adherence to stated policy isn't being enforced, you need to find out why. And the reason might not be clear-cut. For example, most successful agencies today are automated, and most agency systems are activity driven. This means processing is recorded not only by entering file information in the system, ... or omission occurs, you can't undo it. You can take action to prevent similar incidents in the future, though. An examination of the incident can reveal areas that need your attention. After an incident takes place, you need to ask these questions: Were agency procedures and policies followed? Was everything about the incident properly documented? Were insurance company underwriting guidelines and binding authority guidelines followed? Did the employee (producer or support person) exceed their authority? Did the insurance company perform its responsibilities properly? If it didn't ...

...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 ...

...imited by bankruptcy and insolvency laws and other laws affecting creditors' rights and subje...e numbering of the Sellers' warranties and representations in said section 3. ...

...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...