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E&O Quarterly

Reprinted by permission of PIA Management Services, Inc.

A PUBLICATION OF PIA MANAGEMENT SERVICES AS A SERVICE TO ITS E&O INSUREDS

Computer Generated Records and Their Use in the Defense of E&O Claims

By Robert M. Sullivan, Esq. and David H. Paige, Esq.

In a previous edition of the E&O Quarterly (“Evidence”: the Cornerstone of a Successful Defense of an E&O Claim”), we discussed the importance of Rules of Evidence used by the courts in our legal system and how their application can either help or hinder the successful defense of an E&O claim. more

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The “Free Agent” going out the door: restrictions on the right to compete with a former employer

By Robert M. Sullivan, Esq. and David H. Paige, Esq.

In the May 2005 edition of the PIA magazine, (“Going Out the Door: Competing With Your Old Agency,” May 2005), we briefly discussed a very common issue confronting agencies, the prospect of principals and/or employees leaving the firm and going into competition with their former firm, either by starting their own enterprise or by associating with a competitor. more

A Survey of Recent Decisions Regarding Agent/Broker E&O 2005

By David H. Paige, Esq. and Robert M. Sullivan, Esq.

Consistent with an annual practice over the years, we move away from our format of addressing specific topics (most of which are suggested by our readers) and conduct a review of recent court decisions addressing insurance agent and broker errors and omissions liability. By analyzing the fact patterns of the cases, and analyzing the law applied by the various courts, we hope to continue to help our readers identify potential E&O issues in their agencies and, more importantly, become proactive in making efforts to avoid potential claims. more

The Duty to Advise: The Trend Toward a Heightened Duty Imposed Upon Agents and Brokers

By David H. Paige, Esq. and Robert M. Sullivan, Esq.

For those readers of the E&O Quarterly who live and work outside of New Jersey, a recent decision of that state’s Supreme Court has given rise to intense discussion as to the extent of the obligation owed by agents and brokers to their insureds to advise them concerning nuances of their insurance coverage. more

The Language Barrier: Meeting the Requirements of Insureds Who Are Not Proficient in the English Language
REGARDING AGENT/BROKER E&O

By David H. Paige, Esq. and Robert M. Sullivan, Esq.

One of the prime challenges for agents and brokers in delivering insurance services and products to an insured is ensuring that the insured completely understand the coverages, and the limitations on coverages, being provided. more

Recent Decisions Regarding Agent/Broker E&O 2006

By David H. Paige, Esq. and Robert M. Sullivan, Esq.

As has been our practice over the years, we periodically conduct a review of recent court decisions addressing insurance agent and broker E&O liability. By analyzing these various fact patterns, and utilizing those fact patterns as practical case studies, we hope to assist our readers in identifying potential E&O issues in their agencies, and more importantly, develop strategies for avoiding potential E&O claims.

Here are some recent cases that we found to be of interest. more

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