Click Section 7216 – requesting client permissions
By Rickard Jorgensen, FCII, ARM, ACIArb We would recently approached by a policyholder about affirmative consent requirements imposed by IRS regulations under Internal Revenue Code section 7216. Under the code, a tax return preparer is subject to criminal penalties under section 7216 if the preparer “knowingly or recklessly” discloses or uses tax return information. A […]
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jorgcpa - Posted in Accountants' professional liability insurance, Accountants' risk management, Client permission, Data protection, engagement letters, IRS cyber rules, Uncategorized
Mar, 06, 2020
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Does failure to notify your insurer of a subpoena void your professional liability insurance coverage?
By Rickard Jorgensen, FCII, ARM, ACIArb We have frequently been contacted by members of the CPAGold™ program for assistance to respond to a subpoena, either for documents or for testimony. In fact, the CPAGold™ policy provides a specific coverage extension a follows: 1.2.2 Subpoena Expenses We will pay on your behalf Defense Expenses approved by […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, Accountants' risk management, Claims, claims notification, denial of coverage, risk management, subpoenas, Uncategorized
- Mar, 06, 2020
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The Statute of Limitations in Professional Malpractice
Both Accountants and Wealth Advisers are “professionals” for the purpose of the various statutes of limitations. This means that firms’ decisions concerning document retention and the purchase of an extended reporting period can be heavily influence by a firm’s State of domicile (or the States where a firm practices). The longest statute of limitation is […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, Accountants' risk management, claims notification, Extended Reporting Periods, lawsuit, Limit of liability, prior acts coverage, Statutes of Limitation, Uncategorized
- Feb, 05, 2020
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Engagement Letter Defense Rejected
This month, guest blogger Seth L. Laver of Goldberg Segalla writes about a recent legal development concerning the use of engagement letters in the defense of accountants’ malpractice claims. ——————————————————————————————————————— We often write about the importance of engagement letters, in fact we have an entire sub-category devoted to engagement letter defenses. That’s because the engagement […]
- Posted by jorgcpa
- Posted in Accountants' risk management, engagement letters, engagement letters, lawsuit, Limitation of Liability clauses, Seth l. Laver, trial, Uncategorized
- Feb, 05, 2020
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Example Disengagement letters
In a recent posting on the CPAFMA website there was a request for a specific template for client disengagement letter. You may recall we blogged about the topic of client disengagement in 2018 (Go here). The following are two suggested templates for disengagement letters: a relative simple version aimed at individual clients from the AICPA […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, Accountants' risk management, Disengagement, Disengagement letter, letter template, risk management, Uncategorized
- Jan, 13, 2020
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Security Policy for CPA firms – a template
We have received several enquiries from members of the CPAGold™ program for help with a suggested wording for a Cyber Security Policy as required by the IRS rules. As you will be aware, there is a lot of information available about this topic. One of the best white papers is Small Business Information Security: The […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, Cyber Liability, Cyber resources, Cyber risk management, data breach, Data protection, email risk management, IRS cyber rules, Phishing scams, Privacy, risk management, security, Security policy, social engineering, social media, Uncategorized
- Jan, 13, 2020
- No Comments.
UP IN SMOKE IV – A Bill to end marijuana prohibition in the U.S. passes key committee
Late last month a congressional committee approved a piece of legislation to end marijuana prohibition in the United States. According to a press release, the Marijuana Opportunity, Reinvestment, and Expungement Act, better known as The MORE Act (HR 3884), would remove marijuana from the Controlled Substances Act and impose a minor excise tax on the […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, cannabis, claims notification, Comprenhensive coverage, Coverage, insurance, marijuana, Uncategorized
- Dec, 15, 2019
- No Comments.
Outsourcing – malpractice risk management perils concerning subcontractor’s indemnification provisions.
by Rickard Jorgensen, FCII, ARM, ACIArb. We have received several inquiries from CPAGold™ members about QBE’s coverage position when it comes to the use of sub-contractors for the provision of professional services to clients. The CPAGold™ policy is comprehensive and contains a broad definition of who is covered via DEFINITIONS 8,28 wherein its states: 8.28 […]
- Posted by jorgcpa
- Posted in Accountants' professional liability insurance, Accountants' risk management, Client relations, indemnification agreements, indemnification clause, insurance, lawsuit, policy coverage, policy wording, professional liability claims, risk management, subcontractors, Tax Services, Uncategorized
- Dec, 15, 2019
- No Comments.
Embezzlement 101
By Rickard Jorgensen, FCII, ARM, ACIArb This month we thought you might find an article about employee theft from the perspective of the crime insurer, Hiscox Insurance. If you were to ask a group of business owners about the biggest risks they face, you’d probably get a lot of different answers. Some might say external […]
- Posted by Rickard Jorgensen
- Posted in Crime coverage, criminal behaviour, Defalcation, embezzlement, Fraud, policy wording, professional liability claims, Uncategorized
- Nov, 05, 2019
- No Comments.
The future of privacy starts in California
By Rickard Jorgensen, FCII, ARM, ACIArb You may recall the recent blog postings in connection with the CCPA in California: http://cpagold.com/2018/11/consent-armageddon-is-coming/ http://cpagold.com/2018/11/are-new-statutory-claims-covered-by-your-cyber-policy/ http://cpagold.com/2018/11/california-privacy-laws-gdpr-ii/ The California Consumer Privacy Act of 2018 ["CCPA"] is effective Jan. 1, 2019 will give Golden State residents the right to find out what a company knows about them and get it […]
- Posted by Rickard Jorgensen
- Posted in Accountants' professional liability insurance, Accountants' risk management, CCPA, Client records, Client relations, Cyber Liability, Cyber resources, Cyber risk management, data breach, Data protection, file documentation, GCPR, Privacy, Uncategorized
- Nov, 05, 2019
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