Alan Eagle
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Articles by Alan Eagle
Graphical process monitoring in the service industry - a case study
Ayuda Buscar en la ayuda Buscar en la ayuda
New York Insurance Coverage Law Update — Compilation 2024 | JD Supra
An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their defenses to the insurer of a sub-subcontractor (Sub-Sub), State National Insurance Company. State National’s policy contained a blanket additional insured endorsement providing additional insured coverage to the owner, GC and Sub if required by a written contract.
December 2024 New York Insurance Coverage Law Update | JD Supra
Second Department Upholds Summary Judgment To Insurer Finding Assault Not Covered Even Though Labeled By Claimant As Negligence The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries.
October 2024 New York Insurance Coverage Law Update | JD Supra
Northern District Denies Insurer’s Motion For Summary Judgment Finding Questions Of Fact Whether Insured Expected Or Intended Claimant’s Injuries The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that she did not intend claimant’s injuries.
September 2024 New York Insurance Coverage Law Update | JD Supra
Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations and was insured by Ironshore Specialty Insurance Company under a series of Environmental Protection Insurance Coverage Package policies.
August 2024 New York Insurance Coverage Law Update | JD Supra
Fourth Department Finds That Insurer Failed To Meet Its Burden Of Proving That Insureds Failed To Cooperate Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising from a motor vehicle accident in Florida.
July 2024 New York Insurance Coverage Law Update | JD Supra
Second Circuit Applies “But For” Test To Exclusion In Finding No Coverage Under D&O Policy Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco shareholders filed a derivative action against two Paraco officers alleging that they transferred shares violating the terms of two Paraco Shareholder Agreements.
New York Insurance Coverage Law Update - June 2024 | JD Supra
Second Department Finds Duty To Defend But No Bad Faith And That Insurer Did Not Have An Obligation To Advise Insured Of Right To Independent Counsel The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her residence free from snow and ice.
New York Insurance Coverage Law Update - May 2024 | JD Supra
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were insured by Country Mutual Insurance Company.
New York Insurance Coverage Law Update - April 25 2024 | JD Supra
Southern District Rules That Insured Cannot Recover Its Attorney’s Fees for Its Coverage Action The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s fees and expenses it incurred in its coverage action.
New York Insurance Coverage Law Update - March 27, 2024 | JD Supra
Third Department Upholds Summary Judgment to Insurer Based on Material Misrepresentation by Insured in Insurance Application Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and Niagra Insurance Association through Naccarato Insurance, Erie’s alleged agent.
What happens to your brain when you are stressed. And how to build mental toughness
What happens to your brain when you are stressed. And how to build mental toughness By Eric Potterat and Alan Eagle January 31, 2024 When you hear the term mental toughness, what comes to mind? How would you explain it to someone? Poise or staying cool under pressure, confidence, composure, focused: all accurate descriptors I have heard that add up to the ability to handle and mitigate the human fight, flight, or freeze stress response.
New York Insurance Coverage Law Update - February 2024 | JD Supra
New York’s Highest Court Holds That Restaurants’ Business Losses from Coronavirus Not Covered The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered “all risks of direct physical loss or damage to insured property” and business interruption losses “directly resulting from direct physical loss or damage” to insured property.
Resilience Is Learned-Here's How To Teach It
Think of a top performer, someone you deeply admire and respect. Most people will name athletes or entertainers, others might mention business, political or social leaders. Do you have someone in mind? Good. Now, unlikely as it may seem, at some point in their career—likely at many points—your star failed. They missed a shot, received a bad review or got dumped. When this happened, they probably had a reaction just like any other human would.
We’ve coached 25,000 of the world’s top performers from Olympic athletes to Google employees-the No. 1 thing they all do to succeed Original
The best performers in the world are not born excellent — they learn excellence. In our careers as a clinical and performance psychologist, and an executive coach who spent 16 years at Google, we've worked with more than 25,000 top business leaders, athletes, military operators, first responders, tech employees, and more.
How spending less time on the job can make you a better worker
“If all you have is your job or career, you better knock it out of the park because you have nothing else going on. ” Picture a beach house perched on a dune overlooking the surf. The house is built on stilts. Now, start taking away the stilts one by one. With the removal of each stilt, the house becomes a little more unbalanced. Soon there are just two stilts, then just one. The next big wave that comes along topples that beautiful house to the sand. Your life is like that beach house.
How spending less time on the job can make you a better worker
By Eric Potterat and Alan Eagle We're so much more than a paycheck If all you have is your job or career, you better knock it out of the park because you have nothing else going on. Picture a beach house perched on a dune overlooking the surf. The house is built on stilts. Now, start taking away the stilts one by one. With the removal of each stilt, the house becomes a little more unbalanced. Soon there are just two stilts, then just one.
Activate Your Chosen Mindset by Staying “in the Circle”
The world’s best performers aren’t born that way. They may have innate, superior physical and intellectual traits, but that’s not what makes them champions. The difference between good and great, between doing well and achieving excellence, isn’t physical. It is entirely mental. The world’s best performers learn excellence. And if they can do it, so can everyone else. Mindset traits We frequently hear about the importance of mindset.
Opinion: How spending less time on the job can make you a better worker
Picture a beach house perched on a dune overlooking the surf. The house is built on stilts. Now, start taking away the stilts one by one. With the removal of each stilt, the house becomes a little more unbalanced. Soon there are just two stilts, then just one. The next big wave that comes along topples that beautiful house to the sand. Your life is like that beach house. It has multiple important pillars, like the stilts that provide support.
How spending less time on the job can make you a better worker
By Eric Potterat and Alan Eagle We're so much more than a paycheck If all you have is your job or career, you better knock it out of the park because you have nothing else going on. Picture a beach house perched on a dune overlooking the surf. The house is built on stilts. Now, start taking away the stilts one by one. With the removal of each stilt, the house becomes a little more unbalanced. Soon there are just two stilts, then just one.
To be a top performer, you need to rest at your best
Excerpted from Learned Excellence by Eric Potterat and Alan Eagle. Published by Harper Business, an imprint of HarperCollins Publishers. Reprinted with permission. A critical component of being an excellent performer is to provide yourself the time and space to recover from performing. Performing gets your stress response revved up; recovery provides a chance to cool down. Build recovery into your day, schedule it in your calendar if need be.
Greatness Is Made, Not Born
Debunking the myth that peak performance is born, not made. Unlocking our potential is more about our software than our hardware. There is power in a personal values credo. Have you ever wondered how the greats of our time catapulted themselves to the top of their fields? That's the burning question I had the privilege of exploring with Eric Potterat, Ph.D., a top performance psychologist, along with his co-author, Alan Eagle, a former senior executive at Google on my Do Good to Lead Well podcast.
Can 'Excellence' be Taught? A Review of the book, Learned Excellence
BOOK REVIEW: Learned Excellence: Mental Disciplines for Leading and Winning from the World’s Top Performers By Eric Potterat and Alan Eagle/Harper Business Reviewed by Kenneth Dekleva The Reviewer – Dr. Kenneth Dekleva served as a Regional Medical Officer/Psychiatrist with the U.S. Dept.
What happens to your brain when you are stressed. And how to build mental toughness
Everyone experiences stress. (Technically what we experience are stressors, which lead to the human stress response. Stressors + human stress response = stress.) Excellence stems from how well you react to it, how you maintain your ability to think clearly, make decisions, and act. This is the foundation of elite performance, but elite performers are not born with this ability.
New York Insurance Coverage Law Update — Compilation 2023 | JD Supra
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy... Please see full publication below for more information. Download PDF
New York Insurance Coverage Law Update - January 2024 | JD Supra
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion Associated Industries Insurance Company sued its insureds, a lawyer, and his former law firm, seeking a declaration that it had no duty to defend or to indemnify an underlying lawsuit brought by their former client.
What happens to your brain when you are stressed
By Eric Potterat and Alan Eagle4 minute Read When you hear the term mental toughness, what comes to mind? How would you explain it to someone? Poise or staying cool under pressure, confidence, composure, focused: all accurate descriptors I have heard that add up to the ability to handle and mitigate the human fight, flight, or freeze stress response. The problem with these words is that they all describe an end state, but not how to get there.
Why the Best Performers Focus on Their Values
The world’s best performers aren’t born that way. They may have innate, superior physical and intellectual traits, but that’s not what makes them champions. The difference between good and great, between doing well and achieving excellence, isn’t physical. It is entirely mental. The world’s best performers learn excellence. And if they can do it, so can everyone else.
Use This Strategy to Recover from Your Next Mistake
The best performers have learned a variety of mental disciplines that allow them to deliver their very best in all circumstances. When it comes to the work environment, “black boxing it” is particularly useful method and anyone can use it to up their game. Here’s how it works: When you make a big mistake mid-performance at work, you’ll feel your flight or fight response take over. Instead of giving into it, pause. Picture a black box in your mind.
New York Insurance Coverage Law Update - December 2023 | JD Supra
Second Circuit Finds That Criminal Activities Exclusion Defeats Coverage For Disability Benefits Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was served on him by the New York State Attorney General’s Office.
New York Insurance Coverage Law Update - November 2023 | JD Supra
New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity Company of New York agreed to provide universal life insurance coverage with Joan C. Lupe as the insured. The policy listed a “planned premium” of $53,877 but explained that the Trust could pay premiums by other agreeable methods subject to certain minor limitations.
New York Insurance Coverage Law Update - October 2023 | JD Supra
Court Finds No Coverage For Stolen Jewelry Based On Conveyance Clause And Unattended Auto Exclusion The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry.
New York Insurance Coverage Law Update - September 27, 2023 | JD Supra
Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction accident on July 30, 2019, and they sued several entities involved in the project who, in turn, filed a third-party action against Extreme.
New York Insurance Coverage Law Update - August 2023 | JD Supra
Western District Holds That Employee Exclusion Does Not Preclude Coverage To Additional Insureds For Claim By Named Insured’s Employee Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor.
New York Insurance Coverage Law Update - July 27, 2023 | JD Supra
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the adjacent property. In turn, the owner brought a third-party action against ConEd, the utility company that had opened the sidewalk for a gas installation and repair project. ConEd filed a second third-party action against Petmar Builders, ConEd’s contractor.
New York Insurance Coverage Law Update - June 29, 2023. | JD Supra
Second Circuit Finds That Subcontract Did Not Incorporate GC’s Obligation To Obtain Additional Insured Coverage For Owners And That GC’s Primary Policy Was Primary To GC’s Additional Insured Coverage Under Sub’s Umbrella The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy. The Sub’s employee was injured, and he sued the owners and the GC.
New York Insurance Coverage Law Update - May 30 2023 | JD Supra
Fourth Department Holds That Ensuing Loss Exception To Faulty Workmanship Exclusion Applies To Restore Coverage For Water Loss The insureds owned a house covered by an all-risk homeowner’s insurance policy issued by Erie Insurance Company of New York that provided coverage for damage to the house unless specifically excluded.
New York Insurance Coverage Law Update - April 27 2023 | JD Supra
The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club to attend the rally.
New York Insurance Coverage Law Update - March 28 2023 | JD Supra
Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road LLC (insured) for a vacant oceanfront property in Quogue, New York where the insured was building a home. On March 26, 2020, the insured’s principal received a copy of the policy from his broker.
New York Insurance Coverage Law Update - February 28, 2023 | JD Supra
Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his automobile while driving within the scope of his employment with the Town of Riverhead, which was insured by ACE Insurance. The pedestrian and his wife sued Breitenbach and Riverhead, and Adirondack denied coverage to Riverhead.
New York Insurance Coverage Law Update — Compilation 2022 | JD Supra
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a declaration that Main Street had a duty to defend and to indemnify the landlord as an additional insured in an underlying personal injury action filed by a patron of the leased premises, a barbershop. Please see full Update below for more information. Download PDF
New York Insurance Coverage Law Update - January 30 2023 | JD Supra
January 30, 2023 | Alan C.
New York Insurance Coverage Law Update - December 28 2022 | JD Supra
First Department Finds That Excess Policy May (Or May Not) Be Triggered Before Primary Policy In Another Year Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14. The contractor was sued for property damage resulting from its construction work during an unspecified time, and Burlington filed a declaratory judgment action as to the availability of coverage.
The 5 best leadership books I read this year — and what they taught me about running a company Original
David Siegel was hired by Adam Neumann to serve as the CEO of Meetup in 2018. For a roadmap for effective, kind leadership and smart decision-making, he shares 5 book recommendations. He describes his past mistakes like making unilateral decisions too early and worrying too much about being liked. I've been an avid reader of leadership and management books for over 30 years, but I never found a book that fully satisfied my interest in making better business and life decisions as a leader.
New York Insurance Coverage Law Update - November 2022 | JD Supra
Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its insured contractor from certain excess insurers. The excess insurers were not placed on notice until six years after the filing of the underlying action and after summary judgment had been entered against the contractor.
New York Insurance Coverage Law Update - October 31 2022 | JD Supra
Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists (“SUM”) coverage for any person “while acting in the scope of that person’s duties” for Majestic. Majestic’s owner and chief executive officer (“CEO”) was taking a leisurely walk with his wife when he was hit by a car, and he sought SUM coverage from Hartford.
New York Insurance Coverage Law Update - September 29 2022 | JD Supra
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an exclusive floor installation contractor. The Agreement required that Surfacesys list Stoncor as an insured on its insurance.
New York Insurance Coverage Law Update - August 26 2022 | JD Supra
Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage” The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment. After the apartment’s sprinkler system failed, Zale, with the owners’ consent, allegedly repaired the damage caused by the failure and purchased and installed new materials, resulting in additional costs of $280,000.
New York Insurance Coverage Law Update - July 2022 | JD Supra
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death. In December 2017, Alberto’s estate sued the insured whose insurer, Golden Insurance Company, defended the insured under a reservation of rights to disclaim coverage.
New York Insurance Coverage Law Update - June 2022 | JD Supra
Northern District Holds That Late Notice Bars Coverage Under Property Policy In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year later. The insurer, Acadia Insurance Company, reserved rights, investigated and then disclaimed based on late notice under the policy, which required prompt notice of a loss.
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