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Fundamental E&O and Effective Strategies CEUs: 3 Speaker(s): Robert Powers/James Scamby The course will begin with a review of general legal principles governing agent/broker liability. The concept of "special circumstances" will be explained, and the factors considered by courts as bearing on the scope of an agent's legal duties will be identified. A case law discussion will cover the potential liability arising from the application process, agency responsibility for the adequacy of a client's insurance coverage, and the possibility of liability where an agency involves itself in the claims process. Liability concerns arising from the increasing use of electronic signatures will be identified. The course will include advice about how to respond to a G. L. c. 93A demand letter, as well as to complaints filed with the Department of Insurance Division of Consumer Affairs. The anatomy of an E&O lawsuit will be explored, including an agency's discovery obligations, the concept of a litigation hold, the use of electronic discovery and the concept of spoliation of evidence. The importance of agency policy and procedures will be reviewed, and how these can help prepare deposition or trial testimony. The course will conclude with a question and answer period, and an opportunity to discuss issues of concern. ![]() Jim is a Senior Partner at the Boston firm of Melick & Porter, LLP. In his twenty-four years of practice, Jim has represented hundreds of insurance agents and brokers in errors and omissions cases in both state and federal court. He has tried numerous jury cases in state and federal courts, and has appeared before the Massachusetts Appeals Court, Supreme Judicial Court, and First Circuit Court of Appeals. He is a frequent speaker at “The Big Event.” Jim continues to focus his practice on the defense of professional liability claims and insurance coverage matters.
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