https://completemarkets.com/Article/article-post/1856/HOW-MUCH-CAN-YOU-RELY-ON-YOUR-CONSULTANTS-LAWYER/
... will have recourse if bad advice is given to them by their consultants' attorneys. One solution is for the company to establish a contractual relationship directly with the consultant's law firm. In addition, all agreements between a company and its consultants should be reviewed by the company and its counsel to determine if the agreement with the consultant allows the consultant to hire counsel. Second, the company may be well served by including in their agreement with their consultants a provision that establishes a link between the legal services rendered to the consultant and the company. Third, the company could provide in its contract with the consultant that a copy of all correspondence between the consultant and the lawyer hired by the consultant must be sent to the company. Finally, the company could require that any legal opinion letters from ... a known party on the statement in furtherance of that purpose; and (3 ) some conduct by the lawyer linking him to the relying party and evincing his understanding of that reliance. Even though these criteria may be satisfied, a company will still only have the ability to establish liability against its consultant's lawyer in a handful of jurisdictions. Therefore, companies that deal with consultants and their consultants' counsel should not rely on the possibility of the courts to relax the privity requirement. Instead, companies should take certain steps to ensure they will have recourse if bad advice is given to them by their consultants' attorneys. One solution is for the company to establish a contractual relationship directly with the consultant's law firm. In addition, all agreements between a company and its consultants should be reviewed by ...
https://completemarkets.com/Article/article-post/2166/The-Conversation-Doing-It-Right/
... why are they still there? When counseling employers I often find that there ...
https://completemarkets.com/Article/article-post/785/Finding-A-Public-Relations-Advisor-For-Your-Agency/
...ice' PR. What you can expect is counseling as to how to spot and cultivate PR ...ion of support materials.
3. Media counseling: If you are not a knowledgeable media user, you might want counseling to complement the press release service. The counseling would help you establish PR goal...
https://completemarkets.com/Article/article-post/2142/Is-Your-Web-Site-A-Potential-E-O-Headache/
... offers an agency tremendous marketing potential and power. For this reason, whether you have a site or want to develop one, it's essential to know what you want to accomplish with it. The myriad opportunities are significant and many can play a significant role in achieving your business goals. Start with a plan that defines what you want to accomplish. Updating your web approach and philosophy annually is time well spent, even for agencies that already have a web site. Let's look at some of the options and the potential E&O issues. Protect Your Agency's Reputation Your web presence must indicate who you are and your expertise. Your site is an extension of your agency that will give visitors to it a strong indication of your agency's professionalism and the type of clients you want to attract. ... in writing. The best practice is to get written permission from the vendor to allow the link and to provide a minimum of two referrals for each type of work. This can help you avoid any problems in case your customer has a poor experience with the vendor. Links to a vendor can also expose the agency to allegations of trademark infringement. To avoid any unknown pitfalls, consult with legal counsel. Make sure that your site displays the appropriate privacy statement and disclaimers prominently. Your web developer or legal counsel should be able to assist with this. Remember, too, that the presence of a web site is rarely enough, even if it's well designed. Visitors to the site need a reason to come back to it. Keep the content fresh, accurate and useful. Strategic Thinking ...
https://completemarkets.com/Article/article-post/631/The-Seven-Habits-Of-Highly-Effective-Insurance-Agencies/
...nt. Building relationships, not counseling to determine why they aren't workin...
https://completemarkets.com/Article/article-post/1479/RIZZOS-RESTAURANT-BELIEVES-IN-A-SECOND-CHANCE/
...former worker and friend to get counseling and eventually offered him a full-t...s already well acquainted, such as counseling and rehabilitation programs. In ...
https://completemarkets.com/Article/article-post/1629/MANAGING-RISK-A-GUIDE-FOR-YOUR-BUSINESS-CLIENT-PART-1-OF-4/
... paid promptly and efficiently-and conversely, that questionable claims are resisted effectively. Follow reserves to see that they're not excessive and that they're removed from the record immediately after final payment. Check claims-adjusting personnel for adequate training, experience, and exercise of good judgment. Ensure that subrogation (recovery) procedures against outside parties are being efficiently pursued. Record Keeping. The risk manager's basic tool is a complete, well organized set of records detailing insured and uninsured losses. Other important records include: Property valuations, broken down by location Insurance policies, current and expired File of management decisions On larger properties, building layouts showing fire separations Files of correspondence and telephone calls concerning coverage and other important subjects Creation of Risk Management Manuals. Firms with many locations may want a book of instructions on how to handle claims ... official may be responsible for maintaining building values and informing the risk manager of any changes-deletions or additions of properties and change in costs or values. This person will also frequently supervise the issuance of contracts to contractors. These contain insurance and indemnity provisions that should be carefully worded and supervised. The chief engineer may also design and maintain loss-prevention equipment, so close cooperation with the risk manager is essential. Counsel. The chief legal officer writes contracts that usually contain indemnity or insurance provisions. His work strongly affects risk assumption. He may also have a responsibility for supervising liability or Workers Compensation (except for large liability claims), although this is a specialized function better handled by specialist claims adjusters. Whoever carries the mantle of risk manager will need to communicate closely with all the officer just mentioned. ...
https://completemarkets.com/Article/article-post/1337/RESERVATION-OF-RIGHTS-LETTERS-A-RISK-MANAGERS-GUIDE/
... flags' and opportunities to diagnose the health of their own insurance and risk management programs. New challenges bring new opportunities and, in this light, the policyholder can transform the coverage issue into a plan to patch up a possible hole' in coverage or consciously decide to retain or self-fund. In the Chinese language, the character for the word danger' connotes a double meaning of opportunity' as well. In a similar vein, reservation-of-rights letters carry overtones of danger, the danger of an uncovered loss. Viewed in a more positive light, however, such letters may flag an opportunity for companies to strengthen their own insurance and risk management programs, learning from the past to avoid future perils. This article originally appeared in the Risk Management Letter, published by risk management consulting firm Warren, ... hire a lawyer of your choice-not the insurer's-at the insurer's expense. When an insurer hires the lawyer and reserves rights, it creates a potential conflict of interest: the lawyer hired by the insurer may uncover some facts that if disclosed to the insurer might cloud coverage. To avoid putting lawyers in this position and to minimize the odds of mischief to policyholders, many courts allow insureds to retain their own counsel when an insurer reserves its rights. In California, for example, this has created a whole cottage industry of Cumis counsel, taken from the name of the court case. A reservation of rights might be a blessing in disguise, to the extent it opens the door for you to hire a lawyer who works for you and is not beholden to any insurer, but whose fee is still ...
https://completemarkets.com/Article/article-post/1653/DISASTER-PLANNING-MANUAL-PART-2/
...ld be taking reports of losses, counseling your clients ('Is it covered?' 'How...
https://completemarkets.com/Article/article-post/258/Two-Fundamental-Challenges-For-Agencies/
... x No Thanks Loading.. Two Fundamental Challenges For Agencies 4/30/2013 by CompleteMarkets Editor , Chris Burand This content has not been rated yet. How well is your agency developing quality producers — and how effective is your management? Successful agencies face two significant challenges: Developing successful producers and establishing strong management/ leadership. Focusing on these hurdles will make it far easier to leap over them. SUCCESSFUL PRODUCER DEVELOPMENT Developing new producers is a high hurdle for a variety of reasons. First, producers in most independent agencies require a unique personality to succeed. Producers must be driven, willing to work long hours, have superior sales skills, and be risk-takers. Producer development requires a significant investment in time and money. Training a new producer takes at least two years of their time ... do you prefer? Chris Burand can be reached at Burand & Associates, LLC, PMB 345, 1829 S. Pueblo Blvd., Pueblo, CO 81005, (719) 485-3868, fax (719) 485-3895, e-mail [email protected] , or Web site www.burand-associates.com . NOTE: None of the materials in this article should be construed as offering legal advice. The specific advice of legal counsel is recommended before acting on any matter discussed above. Regulated individuals/entities should also ensure that they comply with all applicable laws, rules, and regulations. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons to join? Need insurance for you, your business or your family? Get quality appointments - Save yourself a whole lot of ...