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Bruce R. Swicker

Terms of Use agreement

Read Terms of Use Agreement Before Accessing Web Site.

Effective Date: Terms of Use Agreement was last updated on October 13, 2009.

This Terms of Use Agreement sets forth the standards of use of the Earhart Leigh Associates, Inc. Online Service. By using the Earhart Leigh Associates, Inc. / earhartleigh.com web site you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Earhart Leigh Associates, Inc. / earhartleigh.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
Earhart Leigh Associates, Inc. is providing Member with information about sales training programs and product purchase information. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.
The site is provided by Earhart Leigh Associates, Inc. on an "as is" an on an "as available" basis. To the fullest extent permitted by applicable law, Earhart Leigh Associates, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Earhart Leigh Associates, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
EARHART LEIGH ASSOCIATES, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMPANY NAME SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY NAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification
Member agrees to indemnify and hold Earhart Leigh Associates, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service
Earhart Leigh Associates, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Earhart Leigh Associates, Inc. shall not be liable to Member or any third party should Earhart Leigh Associates, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Earhart Leigh Associates, Inc. does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sales
Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Governing Jurisdiction of the Courts
Our web site is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

8. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for the compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Earhart Leigh Associates, Inc. and Bruce Swicker with all rights reserved; or is the property of Earhart Leigh Associates, Inc. and Bruce Swicker and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Earhart Leigh Associates, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Earhart Leigh Associates, Inc.

Earhartleigh.com™ is a proprietary mark of Earhart Leigh Associates, Inc. Earhart Leigh Associates, Inc.'s trademarks may not be used in connection with any product or service that is not provided by Earhart Leigh Associates, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Earhart Leigh Associates, Inc.

All other trademarks displayed on Earhart Leigh Associates, Inc.'s earhartleigh.com web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Earhart Leigh Associates, Inc.

10. Notification of Claimed Copyright Information
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Earhart Leigh Associates, Inc. / earhartleigh.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Earhart Leigh Associates, Inc.
500 Fifth Avenue, Suite 2210
New York, NY 10110

By Telephone:
(212) 764-6740
By Telephone:
(212) 937-2141

By Email:
info@earhartleigh.com

11. Other terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Earhart Leigh Associates, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practice described in our Privacy Policy Statement.

Latest updates; random thoughts . . .

AUGUST, 2010

What’s up in New York State? Is there something in the water? Why are so many insurance companies so anxious to write New York lawyers professional liability (“LPL”) insurance? No kidding, just this year – so far – about a half dozen carriers have either entered the New York market, or have filings awaiting approval by the NYS Insurance Dept.

To my knowledge, only a single, small, non-admitted carrier has withdrawn a program from the state, though that same carrier is in the process of acquiring another, licensed and admitted carrier which have an active LPL program.

In fairness, I should also point out that a couple of major insurers have instituted significant rate increases, which can only indicate that they have not found New York to be terribly profitable. Of course, there is an old saying in the insurance industry, “There’s no such thing as a bad risk; only insufficient premium!” One of these national carriers has been underpriced for years, and while this makes it easy to grow top-line revenues, it inevitably leads to bottom-line losses.

So, back to my original question: What is it about New York State that makes it appear to be the Holy Grail for legal malpractice insurers? True, there are a lot of attorneys throughout the state, which means that there are plenty of opportunities to write business. However, I am not aware that the overall number of attorneys is growing, so each opportunity to write new business means that it is probably taking that business away from another insurer. Also, while New York’s litigation environment for legal malpractice defendants is far better than, say, New Jersey, it’s no cakewalk.

Of course, the law of supply-and-demand inevitably means that with all of the market capacity competing for business, obtaining adequate pricing becomes a key issue. Indeed, it is tempting for insureds to look only at pricing, but the reality for any knowledgeable insurance buyer is that market stability is important. It is not in anyone’s benefit over the long term to have carriers come into any market, underprice a risk that they may not entirely understand, and then run-for-the-doors when the losses roll in.

The key challenge for insurance brokers – particularly those who specialize in placing legal malpractice insurance, as we do at Earhart Leigh Associates – is to assist our clients in navigating the tricky waters of a crowded market. This means doubling our efforts to stay on top of market developments, monitoring rumors (some of which turn out to be true), evaluating policy forms, and maintaining on ongoing dialogue with underwriters. This is, after all, how we demonstrate to our clients the true, long-term value of working with a specialty insurance broker!

If you have thoughts or comments, please let me know, bswicker@earhartleigh.com.

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