South Carolina Agent & Broker, Summer 2015

SUMMER 2015

Agent & Broker Spring Conference Photo Recap Young Agents Scholarship Golf Photo Recap Standard of Care Standa for Insurance Agents IIABSC ANNUAL CONVENTION October 18-20 Hilton Head Island, SC CONVENTION PREVIEW: ● Leadership That Saved Lives ●

Customer Focus and Taking Ownership

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Summer 2015 • South Carolina Agent & Broker

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SUMMER 2015

Independent Insurance Agents & Brokers of South Carolina PO Box 210008, Columbia, SC 29221 800 Gracern Road, Columbia, SC 29210 803-731-9460 803-772-6425 (fax) e-mail: information@iiabsc.com

Message from the Chairman of the Board

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Message from the National Director

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Young Agents Scholarship Golf Tournament Photo Recap

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2015 Annual IIABSC Convention Agenda

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Annual Convention Preview: Leadership Saved Lives

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Annual Convention Preview: Customer Focus: Taking Ownership

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2015 Big “I” SC Spring Conference Photo Recap

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Insurance Agents and the Standard of Care in South Carolina

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Palmetto Partners

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IIABSC Executive Leadership Seminars

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It’s Time to ACT Now

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Texts, GPS and French Fries: Are Your Members Protected?

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IIABSC Advanced Seminar Series

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IIABSC Staff

G. Frank Sheppard, AAI, CAE President ext. 1239 or 803.760.1239 fsheppard@iiabsc.com Rebecca H. McCormack, CPCU, CIC, AAI Vice President ext. 1238 or 803.760.1238 bmccormack@iiabsc.com Beth Chastie Vice President of Administration & Finance ext. 9462 or 803.731.9462 bchastie@iiabsc.com Laura D. Cornell, CIC Director of Insurance Programs ext. 1227 or 803.760.1227 lcornell@iiabsc.com Megan Huebner Director of Events & Membership ext. 9463 or 803.731.9463 mhuebner@iiabsc.com Anita J. Trevino Director of Communications ext. 1237 or 803.760.1237 atrevino@iiabsc.com Megan Thomas Education Coordinator ext. 1219 or 803.760.1219 mthomas@iiabsc.com Olga Nichols Customer Service Representative ext. 1225 or 803.760.1225 onichols@iiabsc.com Martha Lavigne Administrative Assistant ext. 9461 or 803.731.9461 mlavigne@iiabsc.com

South Carolina Agent & Broker is the official magazine of the Independent Insurance Agents and Brokers of South Carolina and is published four times annually. IIABSC does not necessarily endorse any of the companies advertising in this publication or the views of its writers.

Articles and information published in this magazine may not be reproduced without written consent of the IIABSC. South Carolina Agent & Broker is not responsible for unsolicited manuscripts, art or photography. The publisher cannot assume responsibility for claims made by advertisers and is not responsible for the opinions expressed by contributing authors.

For more information on advertising, contact Jim Aitkins Blue Water Publishers, 22727 161st Avenue SE Monroe, WA 98272 360-805-6474 fax: 360-805-6475 jima@bluewaterpublishers.com

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Contents

South Carolina Agent & Broker • Summer 2015

IIABSC Education & Events Calendar 40 Member News

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2015 Board of Directors and Executive Committee

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Advertiser Index

Access Home Insurance 27 Allstar Underwriters 35 American Strategic Insurance 41 Amerisafe 26 Anderson and Murison 43 Assure Alliance 45 Atlas General 28 Builders Mutual Insurance 19 Burns & Wilcox 5 FCCI Insurance Group 39 Genesee General 28 GUARD Insurance Group 41 HICI 11 Hilb Group 33

ISU Agency Network 48 JM Wilson 17 Jackson Sumner & Associates 2 Johnson & Johnson 24, 25 Lighthouse Property Insurance 26 M. J. Kelly of South Carolina 43 Motorists Mutual Insurance 23 Preferred Specialty 47 Risk Placement Services 3 Risk Innovations 9 SCHBSIF 7 Southern Insurance Underwriters 21 Summit 45 The National Security Group 46

About cover: [Photo credit: © Denise Kappa | Dreamstime] This year’s annual convention will be held at the Sonesta Resort on Hilton Head Island. The cover features a close-up of the red rocking chairs outside the shops of Harbour Town, overlooking the yacht basin. Visiting Harbour Town is one of the top activities for families during a Hilton Head vacation, as it is the home of the lighthouse and museum.

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IIABSC Chairman of the Board

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Ken Finch, CPCU, CRM, CIC, AAI

he mission of the Independent Insurance Agents & Brokers of South Carolina is “to foster an environment and provide resources to sustain the success of member agencies and their partners.” IIABSC is here to help you directly build your agency by providing important tools and resources. Indirectly, we are working to improve the industry as a whole.

The “indirect” methods we use today to improve the environment for the independent agency system have not changed in more than 100 years. We build and maintain relationships with elected officials, government regulators and industry leadership. We pay close attention to markets and industry standards and help you do that through member communications and professional development.

By attending our annual convention (preview starts on page 13) and other events throughout the year, members have the opportunity to interact with industry leadership and other agents.

In looking at the more direct ways in which we work to improve your business, one of the first benefits new members take interest in are the insurance products we provide, particularly our agency errors & omission insurance program. Since it is very likely that your agency will be involved in an E&O situation at some point in its lifetime, protection from the potential impact should be a priority.

It only takes one significant errors and omissions lawsuit to put an agency out of business.

In addition to insurance products and special pricing on other vendor services that improve your agency’s operations, Big “I” membership offers several informational resources. If you are a Swiss Re/Westport errors & omissions policy holder, I recommend that you start with their agency risk management website, EO Happens. Go to iiaba.net/eohappens and then download and print the “Printable E&O Wallet Card,” which is a portable reference to what agents should and should not do in an E&O claims situation.

If you are not a SwissRe/Westport policy holder, then you can find helpful E&O risk management information (among many other relevant topics) on the Big “I” Virtual University website, iiaba .net/vu. Articles on the VU are sorted into agency management and technical insurance information categories.

On our state website (iiabsc.com/eo) are the results of a survey of E&O defense attorneys to provide practical feedback and direction on where potential E&O claims may be lurking in your agency. Topics include:

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Common allegations made against agents

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Most common agency errors seen

South Carolina Agent & Broker • Summer 2015

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What does good documentation consist of?​

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Preparing and participating in mediations

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Average staff time dealing with a claim​

Another great resource for agents is the Best Practices series, where the Big “I” studies the leading agencies and brokers in the country to provide member agents with meaningful performance benchmarks and business strategies for use in improving agency performance and agency value. Seven South Carolina member agencies were included in the latest study, and nominations for the next round recently opened.

Only a few Best Practices resources are complementary; however, the rest are an incredible investment. Of the free ones, the New Best Practices Customer Service series on the national website (bit.ly/1HxxoQQ) is the latest. This online guide will help you to provide efficient, meaningful, valuable and profitable customer service as a foundational component of your business.

Technology is a major industry-wide issue, and the Big “I” now has two major online resources for agents seeking help with technology issues. On page 36 of this issue, IIANC Automation & Technology Specialist George Robertson covers some of the activities of the Agents Council for Technology (ACT) as well as some of the advice and solutions that can be found on their website, www.act.org. Topics are categorized by efficiency, planning and security, carriers and surplus lines and include a webinar library.

And finally, online marketing is a specific technology issue that has proven critical for continued agency growth. TrustedChoice .com recently launched their sister site AgencyNation.com to provide all members with structured training exercises on specific sales, marketing and automation activities to grow your business.

It’s relatively new, but already it contains articles, videos, podcasts and a free ebook on using local search to increase online reviews by customers, improve local visibility online and most importantly, generate more leads.

As you can see there are many benefits of agency membership that go beyond products and services. In addition to all the resources I just mentioned, you also have the most valuable resource of all at your disposal, which is our experienced, patient and knowledgeable staff! See staff listing and contact information on the table of contents page, and feel free to contact them anytime for guidance on any of the issues facing your agency.

We’ve Got Your Back.

Providing the right insurance protection starts with an in-depth understanding of your customers’ business. As South Carolina’s largest SIF, we are a workers’ compensation insurer for the construction industry. Created by builders, for builders, we’re here to help you protect and serve your clients with dependable, cost-effective workers’ compensation insurance.

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Crossover to Exceptional Service 800.678.8178 | schbsif.com Summer 2015 • South Carolina Agent & Broker

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National Director Jules Anderson, AAI

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2015 BIG “I” LEGISLATIVE CONFERENCE April 22-23 – Washington, DC

he annual trek to Washington, DC was made again in April as South Carolina agents joined others from around the country at the annual IIABA Legislative Conference. South Carolina agents met with each member of the SC delegation – Representatives and Senators discussing a variety of topics that interest agents.

reform, especially regarding the NARAB Board appointments.

The Big “I” also supports the Policyholder Protection Act of 2015, intended to clarify Dodd-Frank to allow state regulators to wall off and protect insurance company assets designated for the benefit of insurance consumers and not be used to “bailout” non-insurance related failures.

South Carolina agents, pictured with Rep. Joe Wilson (third from right), traveled to Washington DC this past spring for the IIABA Legislative Conference and met with each of the current SC congressional delegation to discuss a variety of topics affecting the industry.

Insurance Regulatory Reform While strongly opposing day-to-day federal insurance regulation, the Big “I” does support targeted federal legislation to modernize the state-based system. In that vein, the Big “I” experienced a major legislative victory early in 2015 with passage of the National Association of Registered Agents and Brokers legislation (NARAB II). The Big “I” continues working on implementation of this critical agent licensing 8

South Carolina Agent & Broker • Summer 2015

Flood Insurance and Natural Disasters The Big “I” strongly supports the National Flood Insurance Program (NFIP) as its agents are the delivery force for this private-public program that protects 5.5 million consumers across the country. The association also supports the “Flood Insurance Market Parity and Modernization Act of 2015,” which is meant to complement the NFIP rather than replace it and would grant state insurance regulators the authority to determine what is acceptable private flood insurance. The Big “I” also supports the “Safe Building Code Incentive Act of 2015,” which would provide financial incentives for states to adopt and enforce safe building codes.

Department of Labor Fiduciary Standard The Big “I” supports “The Retail Investor Protection Act,” which requires that the Securities and Exchanges Commission (SEC) go first in issuing its rulemaking on a uniform fiduciary standard before the Department of Labor (DOL) can put forward its rule to expand the definition of a fiduciary under ERISA. The DOL is proposing to expand the application of the fiduciary standard from just registered representatives to also include broker-dealers who are currently subject to a suitability standard. The Big “I” is concerned that this move would lead to investor harm and limit consumer access to professional advice.

Healthcare The Big “I” supports the “Access to Professional Health Insurance Advisors Act of 2015,’’ which would clarify that agent compensation is not part of the Medical Loss Ratio (MLR) formula as enacted in the Affordable Care Act (ACA). The Big “I” also supports the repeal or delay of the ACA’s excise tax on high-cost health plans, which is scheduled to take effect in 2018. Dubbed the “Cadillac Tax,” this tax provision assesses a 40 percent excise tax on health plans that exceed an established annual cost.

Risk Retention Act Expansion The Big “I” has concerns with the possible expansion of the “Liability Risk Retention Act of 1986” (LRRA), which was meant to respond to a crisis in the commercial liability market when some businesses found it difficult to obtain liability insurance. Some Risk Retention Groups (entities created by that law) now want to see it expanded to also include commercial property coverage.

The Big “I” and many others in the insurance market, including insurance commissioners, are concerned because RRGs are not regulated like traditional insurance companies and are held to different consumer protection standards. Also, there is no current crisis or otherwise demonstrated marketplace need for this expansion.

WE HAVE YOU COVERED

InsurPac Awards South Carolina continued the streak of InsurPac awards recognizing our leadership and participation in InsurPac fundraising.

South Carolina was presented their tenth consecutive Eagle Award. IIABSC InsurPac Committee Chairman was Gus Brabham, CIC of Regions Insurance in Columbia.

Independently owned, Risk Innovations specializes in Worker’s Comp and Personal Lines Insurance.

riskinnovationsllc.com/programs (800) 913.6696 IIABSC leadership was presented its tenth consecutive Eagle Award for our InsurPac fundraising efforts. Accepting on behalf of InsurPac Committee Chairman Gus Brabham was IIABSC Chairman of the Board Ken Finch (left).

Ken Dunnett, Marketing Manager - NC, SC,TN,VA 803.517.0566 | kdunnett@riskinnovationsllc.com

Summer 2015 • South Carolina Agent & Broker

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Scholarship Golf Tournament May 5, 2015

Wildewood Country Club, Columbia General sponsors

Johnson & Johnson Inc. Preferred Specialty, LLC System Search Ins. Standard Premium Finance

Hole sponsors

The Cavalry Flood + Fire Restoration Genesee General Glasspro, Inc. The Hartford HICI Hull & Company IIABSC Agency Jackson Sumner & Associates Johnson & Johnson Liberty Mutual Insurance Preferred Specialty, LLC Progressive Insurance SERVPRO Safeco Insurance Travelers UPC Insurance

Tournament champions: Jewell McLauren, Felix McLellan, David McLellan, Bobby Garrison. Longest Drive: Lacey Sutton. Closest to the Pin: Jacob Ziegler. Putting contest: Richard Abbott, Susan Bartley, Dave Colter and Jodah Fortson. All proceeds of this tournament benefit the IIABSC Young Agents Scholarship Fund to support educational leadership and networking opportunities for young agents.

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South Carolina Agent & Broker • Summer 2015

HICI Loves Cars!

AVAILABLE PRODUCTS INCLUDE: Preferred Personal Auto Standard Personal Auto Business Auto General Liability w/Inland Marine Garages & Used Auto Dealers

Columbia, Tennessee HaulersInsurance.com Summer 2015 • South Carolina Agent & Broker

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South Carolina Agent & Broker • Summer 2015

IIABSC Annual Convention October 18-20, 2015

Sonesta Resort, Hilton Head Island, SC

SCHEDULE OF EVENTS

(View our website for up-to-date information)

SUNDAY, OCT. 18 11:00 am–2:00 pm 2:30–5:15 pm 5:30–6:00 pm 7:00–9:00 pm

Exhibitor set-up Exhibit hall open Business Session Opening reception

MONDAY, OCT. 19 7:30–9:00 am Continental Breakfast in Exhibit Hall 9:15–11:45 am OPENING SESSION / Keynote (Exhibit Hall closed) 12:30–2:00pm Exhibitor Breakdown 12:30 pm Golf Tournament 2:00–4:30 pm Cornhole Tournament (tentative) 2:00–4:30 pm Tennis Round Robin (tentative) 6:30–7:00 pm Chairman’s reception 7:15 pm Awards Banquet & Entertainment Keynote Speaker: Commander Kirk Lippold, USN (Ret.) “Leadership & Accountability When It Matters” The privilege and burden of leadership comes with a level of accountability that many aspire to emulate and anyone can rise up to and achieve. Using the story of his experience as the commanding officer of the USS Cole when it was attacked by a suicide bomber in Yemen, Commander Kirk Lippold conveys how the principle of integrity created an environment where his crew felt imbued with a sense of ownership, seizing the opportunity to be responsible for their ship and not just their jobs. Their own sense of personal accountability and leadership proved to be a guiding principle in the crucible of combat. Lippold shares why his “Five Pillars of Leadership” are must-have business tenets for any team.

BANQUET ENTERTAINMENT: Ivan Pecel – Have you ever seen a man juggle ping pong balls using only his mouth? How about seeing a man balance a flaming torch on his forehead, drop it back behind himself and then blindly kick it back up over his head? Ivan Pecel blends world-class juggling, audience participation and clean humor into a high-energy show that is sure to please.

TUESDAY, OCT. 20 7:30–10:00 am 8:00–10:45 am

Exhibit Booth Breakdown Breakfast/Closing Session

SPEAKER: David McNair – The McNair Group “Unleashing the Unexpected” This session provides the awareness, education and tools for a more distinctive level of customer experience.

Participants will learn the philosophies, skills and best practices of exceptional moments. It also helps organizations to align resources to achieve success.

Seminar learning points include: • • • • •

Unleashing the Unexpected to create the memorable moments Embracing the Power of Six as it affects employee retention and customer loyalty Maximizing the Three Zones of Influence Mastering E3! Engagements Battling the No. 1 Enemy of Exceptional

Summer 2015 • South Carolina Agent & Broker

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IIABSC Annual Convention Speaker

LEADERSHIP SAVES LIVES

By Commander Kirk Lippold, USN (Ret.) IIABSC Annual Convention Keynote Speaker

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I relieve you.” With these three simple words, military commanders across the globe follow a centuries-old, time-honored tradition when responsibility and accountability for their commands are seamlessly transferred from one to another. The concept of command rests on a foundation of leadership that individuals learn and practice, and that they succeed and fail at time and again. This circuitous path starts from the day officers enter their particular services.

While the qualities that make up this ethereal concept called leadership have been debated since time immemorial, the only true litmus test of its success is the crucible of combat. While preparation can be months or even years in the making, lives depend on a calculus often made in terms of seconds. When commanders are ordered to take their units into harm’s way, senior officers expect those individuals to exercise authority and command over their men and women and lead them in accomplishing the mission. When lives are at stake, command is unequivocal and demanding.

Immediately after the al Qaeda terrorist attack on the USS Cole (DDG-67) in the Yemeni port of Aden on 12 October 2000, the crew succeeded in keeping the ship afloat. Several crew members also saved lives, based largely on their ability to exercise leadership from the lowest level up the chain to the commanding officer. I inherited a great ship. As with any commanding officer following a change of command, I set out to put my stamp on how I expected not only the crew and ship to perform, but myself as well. In my command philosophy and other documents, I clearly spelled out standards of performance and goals for the crew.

Five Key Components After a career in the Navy unfortunately defined by the attack, I would say that leadership can be distilled to five key components: integrity, vision, responsibility, investment and competence.

Integrity defines leadership. It is the number-one principle and reinforces the foundation of the U.S. Navy and the other military services. Commitment to doing what is right for the ship, the

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South Carolina Agent & Broker • Summer 2015

crew and the Navy, regardless of the consequences, must be unwavering. If not, failure will inevitably follow since unit cohesiveness will degrade and morale will suffer. In the worst case, people will be wounded and killed in action. Without uncompromising integrity, failure becomes the natural default to success.

Vision defines how a commander expects to accomplish the mission. Know the capabilities of your ship and crew. A commander is always expected to know where to guide the crew, from daily maintenance of equipment through preparations for deployment to the stressful buildup and execution of combat operations. This vision must be clearly articulated to the crew. If they are going to be expected to possibly risk their lives in defense of their country, they deserve to know why and how you, the commander, intend to use them and ensure their safety to the greatest degree possible.

Personal responsibility and accountability starts with the individual and spreads to the unit. The only person responsible for his actions is himself. Instilling a sense of responsibility for one’s actions also has the side benefit of developing a sense of ownership in one’s profession and job. While a leader may set the tone for a unit, as a sense of responsibility and accountability develops the crew feels trusted to set their own standards of performance.

To trust and invest in those you lead is the clearest demonstration of your confidence in not only your Sailors but your ability to lead them. When you trust and invest in your people, you give them flexibility to think through problems on their own.

The confidence of commanders to allow subordinates to fail is the key to success. Nothing teaches leaders better than understanding failure and how to deal with it. Out of failure, true leaders inspire others by persistently picking themselves up by their bootstraps and trying again.

Learning, however, is also a measured risk. The time to

learn is not when the trigger is about to be pulled, but during the countless hours invested in mastering skills and honing their use in a broad and ever-expanding number of situations and scenarios. In time, these skills form the long-term foundation of a person’s experience. More important, they happen on and off duty. Through experience, crew members become competent and skilled without oversight and guidance. At the same time, trust and the investment in learning fosters a sense of pride and teamwork as individuals teach others what they, too, can accomplish.

The Way to Success Professional competence defines how a leader completes the mission. It encompasses not just technical knowledge but the ability to lead and inspire subordinates. And it can usually be quantified and measured by the accomplishments of the command. The success of individuals in doing their jobs in a technical sense is measured in five simple ways: •

Job Description. People want to clearly understand their job. It is the responsibility of the commander to ensure the scope of the work to be done is clearly articulated and explained.

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Standards of Performance. It is the commander’s job to explain how well the job should be done. There is a big difference between giving people a set amount of time to accomplish their jobs versus demanding the job be done to perfection. Rarely will those two standards meet.

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Training. Provide the knowledge to understand and complete the job. This comes through schools, on-thejob training, reading and watching others complete a task until individuals have the ability and confidence to do it themselves.

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Tools. Provide whatever it takes to do the job right the first time. The tools necessary to complete a job vary depending on the assignment. They can consist of physical implements, such as mechanical equipment and tools, to more mundane items such as computers and administrative resources that staffs use to effectively and efficiently convey information to senior decision makers.

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Time. Provide enough of it based on the circumstances surrounding the work and the experience of the individual doing the work.

The instant the Cole was attacked, the crew was thrust into battle conditions and circumstances that while trained for, could not have been imagined by even the most experienced Sailors. Power was lost in the forward two-thirds of the ship; the general announcing system for the ship was inoperative, and the battery backup failed to work; alarm systems for the ship were rendered inoperative and no one knew the status of any compartment or

space on the ship regarding flooding, smoke or fire.

In those vital first seconds, all the leadership and training tenets laid out in the command philosophy and practiced for months crystalized into actions to save the ship and wounded Sailors. The crew immediately responded to the first priority: save the ship.

The crew knew their jobs and went to their general-quarters stations. Without direction, they formed small-unit damage-control teams that located damage, worked to control flooding and communicated back to the repair lockers as they were being manned.

Other Sailors rushed to general quarters stations in the forward part of the ship, which was without power and in the dark.

Recognizing their situation, they took the initiative to leave those stations and subsequently migrated to the aft of the ship to form the core of the medical triage effort, working to save their shipmates.

Within minutes, command- and damage-control structures were quickly reestablished. Within hours, the ship was stable and the wounded had been evacuated to local hospitals. While many challenges remained in the days to come, the crew knew they had been tested by combat and had the confidence to deal with any adversity that would come their way.

A Remarkable Feat When the Cole sailed from Norfolk, Virginia, two months before, the crew had accomplished a feat that had never been done in the Navy and has yet to be repeated. A 100 percent qualified all-enlisted crew manned the sea and anchor detail and sailed that ship safely out of port to start the deployment. While this was a unique accomplishment in its own right, it had a far greater impact.

With almost 20 percent of the crew killed or injured, the crew of the Cole unhesitatingly stepped in to fill leadership, medical and damage-control positions without anyone telling them what to do. These actions did not occur of their own volition.

They came from a crew who knew what they were supposed to do, how they were supposed to do it and with the confidence to do their jobs despite the extreme conditions just suffered after the devastating terrorist attack.

While many can debate what forms the basis of leadership, as the commanding officer of the Cole, the tenets of leadership put in place and practiced over the previous 15 months proved themselves under combat conditions. Every crew member counted toward saving the ship and each other that day; but more important, all of them also acquitted themselves as heroes and leaders in every respect.

Commander Lippold, the former commanding officer of the Cole, serves as an adviser and spokesman for a leading military family advocacy group. Meet him in person as he shares his story at the upcoming IIABSC annual convention to be held Oct. 18-20 at the Sonesta Resort in Hilton Head Island, SC. Originally published in Proceedings Magazine (US Naval Institute), May 2009. Reprinted with permission Summer 2015 • South Carolina Agent & Broker

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IIABSC Annual Convention Speaker

CUSTOMER-FOCUS: Taking Ownership

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By David H. McNair IIABSC Annual Convention Speaker

o matter what industry you work in or which company you work for, there will be problems. Sure, some are caused by the company. Some are caused by the customer, some by acts of God and some by you. It’s one of those darn facts of life. And as trite as the phrase may be I’ve always loved the saying “It’s not the cards you’re dealt; it’s how you play them that counts.” Like so many other trite phrases, we know them, but we don’t live them. Why not?

Recently I heard a speaker talking about his years as a marriage counselor. One of the first things he would ask is, “How do you divide responsibilities and decision making? Give it to me in percentages.” He’d ask them to write it down and not confer. “Just be honest,” he’d implore. Invariably people would come back with some split like 25/75, 60/40, 50/50 and that gave him a good indication of his work ahead.

In all of his years, he never once had anyone give him what he professed to be the right answer, which is 100/100. Because if each individual in a marriage would treat all situations as if they were 100 percent responsible, then most of your time would be spent thanking the other for taking care of things that you feel should have been done yourself. What a concept! Just imagine: Those aren’t my dishes in the sink, but I’ll clean them up anyway.

The lawn is getting a little shaggy, I better mow it. The dog needs a bath, come on Fido!

The question here is: Are both partners giving 100 percent?

To truly embrace 100 percent, you adopt it with no questions asked, no scorecard kept and no trial period established. It’s a way of life. It’s deciding that you can control the situation before you, and you are the one to make it right. Is this overly simplistic?

Yes, but you can come up with thousands of “yes, buts.” Can you do everything? No. Could you be taken advantage of? Yes. Most importantly, does this philosophy provide for better outcomes 16

South Carolina Agent & Broker • Summer 2015

and a happier existence than one spent blaming others? YES, YES, YES! Your turn Now take this “100 percent ownership” philosophy into your work experience and specifically, the customer-care context.

Pretend you are a bank teller. A customer just walked in and said their ATM card was eaten in the machine. You could: 1. tell them that they need to fill out a new application and mail it into the customer care center three states away.

2. tell them to go to the other side of the bank and wait for the next available personal banker.

3. tell them they probably will save some money by not using their ATM anyway.

4. OR (after showing appropriate empathy for their painin-the-neck loss) pick up the phone or complete the application on their behalf. You further let them know not only when to expect a new ATM card, but what options they have in the interim.

Why is it that the last option is selected so rarely in real life?

Not Whose Job? To the benefit of the employee, at least those trying to do right by the customer, two things do stand in our way. First, most companies aren’t structured for 100 percent ownership. If you spent time making sure that each and every customer was helped to the best of your ability, would you be getting done the specific items covered in your job description? You might not handle the expected volume of contacts or calls. Furthermore, there is someone being paid by the company to do just this task, so why should I? After all, it’s not my job! If we all took a vote on the

most irritating phrases in the human language then “It’s not my job” has to rank in the top five along with “that’s not what you ordered” and “I told you so.”

Secondly, you may not have had the training to properly perform certain tasks. These boundaries have merit, but there is still ground that can be paved. For example, don’t bother with the fact that you can’t help the customer. Instead, explain who can help them and provide the proper introduction. From a customer’s perspective, think of the difference in being redirected or passed off versus being personally introduced with a recap of your needs to the person that can provide the help you need. By doing this, you are taking ownership.

A few more ways that you can take ownership: •

How are you handling the caller who’s been transferred twice already?

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Do you actively look for people that appear lost or in need of assistance?

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Are you detecting an uncertainty in a customer’s voice that indicates they don’t fully understand?

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When you are busy, do you acknowledge the presence of a customer who is waiting and let them know when someone will be available?

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Do you follow-up with a customer to make sure that their needs were met, even if by another team member?

COMMITMENT A PROMISE WE DON’T TAKE LIGHTLY “I enjoy helping our agents write business.

When they need to turn to the E&S marketplace for their clients, I love to prove that J.M. Wilson is a great option for those hard to place opportunities.”

James Reincke, AIS, AU Brokerage Manager

Taking ownership is really about leaving the customer in a better condition than when the contact was first established. If the customer was frustrated, did you help calm him down and provide a solution? If they were simply transacting basic business, did you do something extra to build a relationship with them?

Hear David McNair in-person as he presents “Unleashing the Unexpected” at the 2015 IIABSC Annual Convention, to be held Oct. 18-20 at the Sonesta Resort in Hilton Head Island, SC. He brings more than 25 years of experience in both organizational and leadership development. As the founder of The McNair Group, he works with industries as diverse as healthcare, hospitality & tourism, retail, real estate development and utilities. Together with Bill Perry and Lisa Ford, David co-authored a highly successful business book, Exceptional Customer Service: Going Beyond Your Good Service to Exceed the Customers’ Expectations.

Managing General Agency Since 1920

800.695.0059

jmwilson.com

Brokerage/Professional Liability • Property & Casualty • Personal Lines Surety • Commercial Transportation • Premium Finance

Summer 2015 • South Carolina Agent & Broker

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2015 Big “I” SC March 11 - 12 Embassy Suites, Columbia, SC Thank you, sponsors

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South Carolina Agent & Broker • Summer 2015

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South Carolina Agent & Broker • Summer 2015

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Insurance Agents and the Standard of Care in South Carolina

L

To gain a deeper understanding of the differing agent duties and standard of care by state, the Big “I” Professional Liability Program and Swiss Re Corporate Solutions surveyed their panel of counsel attorneys. Each was asked to draft a brief synopsis outlining the agents’ standard of care in their state as well as to identify and include a short summary of the landmark cases. The following was the response from South Carolina counsel. Download full version of this report at iiabsc.com/eo

By Wesley D. Peel, Esq. Bruner, Powell, Wall & Mullins, LLC

ike many other licensed industries, insurance agencies are increasingly subject to lawsuits brought by dissatisfied customers. Whether the agent made an error in placing the coverage, or the agent failed to check the right box on an application or the customer is just displeased with an insurance adjuster’s determination regarding the customer’s claim, insurance customers are more frequently looking to the agents to make up for their uncovered loss. Consumers have also heightened their expectation regarding agents’ responsibilities to them as to procuring coverage that will cover any loss.

Consumers are also now more likely to view the agent as a professional, similar to a doctor or engineer. In South Carolina, insurance agents are still generally treated as salesmen, merely providing customers with the policy that they request; however, this may be changing.

In South Carolina the general rule regarding and agent’s duties to a customer is that insurance agents must exercise good faith, reasonable skill, care and diligence when placing insurance. Agents will only be liable to their customer for any breach of that duty that causes damage to the customer. If due to the agent’s fault or neglect, the agent does not procure the insurance requested, does not follow the customer’s instructions, or if the policy issued is void or materially deficient, or does 22

South Carolina Agent & Broker • Summer 2015

not provide the coverage that the agent undertook to supply, the agent may be liable to his customer.

In order to establish the liability of an insurance agent, the customer must show that the agents owed a legal duty of due care to the customer. In South Carolina, “generally an insurer and its agents owe no duty to advise an insured.” Trotter v. State Farm, 377 S.E.2d 343, 347 (S.C. Ct. App. 1988). “As a general rule, an insurance agent has no duty to advise an insured at the point of application, absent an express or implied undertaking to do so.” Houck v. State Farm, 620 S.E.2d 326, 329 (S.C. 2005).

A duty may be imposed if the agent expressly undertakes to advise the insured. In other words, a duty may be imposed if the customer can be establish that the agent gave specific advice about purchasing a particular type of coverage that turned out to be incorrect. Id. Additionally, a duty can be “impliedly created” if “1) the agent received consideration beyond a mere payment of the premium, 2) the insured made a clear request for advice, or 3) there is a course of dealing over an extended period of time which would put an objectively reasonable insurance agent on notice that his advice was being sought or relied on.” Houck. Importantly, the request for advice must be specific. A request for “full coverage” or the “best coverage” is not sufficient to establish a duty by implication. The course of Continued on page 26

Summer 2015 • South Carolina Agent & Broker

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dealing requirement would likely include the agent giving advice or procuring insurance over a number of years where the agent was relied upon to regularly purchase insurance to suit a personal or commercial customer’s needs.

The following are a few leading cases in South Carolina that address an agent’s duties to his customers.

Agents will be held liable for affirmative representations of specific coverages if they are mistaken. RiddleDuckworth, Inc. v. Sullivan, 171 S.E.2d 486 (S.C. 1969) In this case, the customer contacted the agent for premises liability insurance.

The customer operated a home and auto appliance business. The agent inspected the property and was shown an elevator that was used as a hoist lift and occasionally to carry people.

The customer specifically requested coverage for the use of the elevator.

The agent assured the customer that the policy procured provided coverage for the elevator, even after the customer reviewed the policy and questioned whether or not the elevator was covered.

The customer constantly kept the agent informed of changes to the business and the purchase of new equipment.

An injury occurred on the elevator, but the carrier denied coverage finding that the elevator was not insured to carry passengers. Apparently, the agent should have requested an elevator endorsement to insure the elevator for passengers.

The court found that insurance agents are required to exercise due care in placing insurance and are personally liable to the customer for the neglect of that duty. The agent was liable for the loss because there was direct evidence that the customer requested a particular coverage and was assured by the agent that he was covered for a particular loss, which proved to be incorrect. The court ruled that it is the insured’s burden to show “with reasonable certainty the terms and conditions” of the particular 26

South Carolina Agent & Broker • Summer 2015

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agreement between the customer and the agent. The customer was entitled to rely upon the representations of the agent as to coverage despite the wording of the policy. Therefore even if it is possible for the customer to discern from the wording of the policy that there may be an issue with coverage, that possibility can be trumped by assurances from the agent.

Agents can assume a duty to a customer through an express or an implied undertaking, but requests for “full coverage” or “the best coverage” are inadequate to impose a duty. Trotter v.

State Farm Mut. Auto. Ins. Co., 377 S.E.2d 343 (S.C. Ct. App. 1988) Trotter owned an upholstery business and used a pick-up truck to deliver furniture for the business. Trotter was referred by friends to a local State Farm Agent, Ledford. Trotter told Ledford that he wanted “full protection” for his delivery truck. Ledford procured a commercial policy for the truck, which included a standard exclusion for injuries to employees, which are ordinarily covered by workers’ compensation insurance. Ledford did not review the policy or the exclusion with Trotter. Ledford did not ask Trotter about workers’ compensation, nor did Trotter ask any questions about the policies or inquire as to coverage for employees.

Trotter’s relationship with Ledford was routine – he only spoke with Ledford on two occasions over eight years, but otherwise only contacted the office to make changes to his auto policies or to pay premiums. Trotter insured other risks through other agencies.

After having the policy for some time, Trotter and an employee were injured in an accident while driving the company truck. State Farm denied coverage for the employee’s injuries. Trotter sued Ledford for $620,000.00, which was the judgment the employee had obtained against Trotter.

In this suit, Trotter claimed that Ledford had a duty to advise him that the truck’s policy excluded injuries to employees.

The court reiterated that generally agents have no duty to advise a customer regarding insurance purchases. However, 28

South Carolina Agent & Broker • Summer 2015

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an agent may assume a duty by expressly undertaking to advise the insured or by impliedly undertaking to advise the insured. In this matter, there was no evidence that Ledford expressly advised the insured regarding the employee coverage.

The court found that an implied undertaking can be shown if (1) the agent received compensation beyond a mere payment of the premium, (2) the insured made a clear request for advice, or (3) there is a course of dealing over an extended period of time which would put an objectively reasonable insurance agent on notice that his advice is being sought and relied on. The court ruled that there was no evidence of an express or implied undertaking to advise Trotter on Ledford’s part and that a request for “full coverage” or the “best policy” or similar expressions do not place an agent under a duty to “determine the insured’s full insurance needs, to advise the insured about coverage, or to use his discretion and expertise to determine what coverage the insured should purchase.”

An agent does not have a duty to procure insurance at the best possible terms. Sullivan Co., Inc. v. New Swirl, Inc., 437 S.E.2d 30 (S.C. 1993) The agency (Sullivan) sued its customer, New Swirl, for premiums advanced by Sullivan. New Swirl denied it owed the premiums and counterclaimed for damages, charging that Sullivan failed to procure insurance at the lowest possible cost.

The court ruled that an insurance agent must exercise good faith, reasonable skill, care, and diligence in procuring insurance for its customer. “If, because of his fault or neglect, the agent fails to procure insurance, or does not follow instructions, or the policy issued is void, or materially deficient, or does not provide coverage he undertook to supply, the agent is liable to the principal.” However, the court found that the duty of the agent to procure the represented coverage does not “create a duty to secure insurance at the best possible terms.”

No duty to sell best policy at the lowest possible price. Houck v. State Farm Fire and Casualty Ins. Co., 620 S.E.2d 326 (S.C. 2005).

A coastal resident purchased Standard Flood Insurance Policies through a State Farm agent when Preferred Risk Policies were available at a lower cost. The customer claimed that agency had a duty to inform her of the lower cost policies when they became available. The court found that they agent did not owe a duty to sell the Plaintiff the best policy at the lowest available price by analyzing the facts under the Trotter factors above.

South Carolina courts may begin to analyze agency liability under a professional negligence standard. Fowler v. Hunter, 668 S.E.2d 803 (S.C. Ct. App.) (affd. by 697 S.E.2d 531 (S.C. 2010)).

Motorcyclists brought an action against the driver of a car for 30

South Carolina Agent & Broker • Summer 2015

severe injuries suffered in a crash where the car’s driver was at fault. The car was insured through the driver’s husband’s medical practice. The motorcyclists’ injuries were severe; and the damages reached excess coverage. The medical practice carried auto on the vehicle and had purchased an umbrella policy through the same agent. However, the umbrella carrier, Selective, denied coverage because it asserted the insured had not selected auto coverage under the commercial umbrella policy. The agency admitted that it inadvertently failed to check a box on the umbrella’s online application that indicated that auto coverage was requested. The agent and the insured agreed that it was intended that the company’s autos would be covered by the umbrella. Despite the agent’s and insured’s agreement as to the mutual mistake, Selective Insurance refused to reform the policy. Selective and the medical practice settled with the motorcyclists. Selective paid its limits on an underlying auto policy and the medical practice assigned its rights against the agency to the motorcyclists. As part of the settlement, Selective and the motorcyclists agreed to split any recovery received from the agency. This was remarkable because the agent’s principal, Selective, elected to turn on its agency when everyone agreed that the agent committed a clerical error in the application process, with little doubt that the policy would have been issued with auto coverage if the box had been checked.

Alarmingly, the Court of Appeals referred to the claim against the insurance agency as “professional negligence.” As shown in the landmark cases above, the courts have never applied a professional standard to an insurance agent’s conduct. In South Carolina, the professional standard of care is breached when the professional failed to conform to the generally recognized and accepted practices in his profession. Doe v. Am. Red Cross Blood Servs., S.C. Region, 297 S.C. 430, 435, 377 S.E.2d 323, 326 (1989). This case went up to the South Carolina Supreme Court on appeal of matters unrelated to the agency issues. However, this case is important because it hints at the possibility that the courts may start viewing claims against agents in a fashion more akin to professional negligence which would make it easier to establish a duty on the part of the agent in procuring insurance.

This would also begin the use of expert witnesses to establish at trial what are considered the standard practices of the profession.

This is a much higher standard than presently exists.

Wesley D. Peel , with the Bruner, Powell, Wall and Mullins law firm in Columbia, SC, has considerable experience in professional malpractice, where he defends lawyers, real estate agents, insurance agents and other licensed professionals against professional negligence claims and other general commercial litigation. He also specializes in the legal needs of the construction industry.

~~ SC STANDARD OF CARE FOR INSURANCE AGENTS ~~ In South Carolina, insurance agents are generally treated as salesmen in that they provide customers with the policy they request. Therefore agents are liable when they fail to procure insurance requested by customer, do not follow customer instructions or if the policy is voided, materially deficient or does not provide the proper coverage specified by the customer due to the fault or neglect of the agent. In addition: •

Agents will be held liable for affirmative representations of specific coverages if they are mistaken.

•

Agents can assume a duty to a customer through an express or implied undertaking, but requests for “full coverage” or “the best coverage” are inadequate to impose a duty of care.

•

Agents do not have a duty to procure insurance at the best possible terms.

•

Agents have no duty to sell the best policy at the lowest possible price

•

South Carolina courts may begin analyzing agency liability under a professional negligence standard.

CASE STUDY - ISSUES WITH THE APPLICATION/CONFIRMATION BY APPLICANT One important step to reducing your E&O risk is to have the customer sign and initial printed applications. A stamp for the printout that states that the customer has read and approved the facts set forth in the online application with a signature block would be best.

In this case the agent incorrectly represented that the customer was employed on the online application for homeowners insurance. The agent had previous notice that the customer was unemployed due to previous applications for other lines. When the customer asked to purchase homeowners insurance the agent searched for a policy from a carrier that did not require a credit report in order to bind coverage because the agent knew it would be an issue.

The agent found such a carrier and completed the online application with the customer in the office. The application included a question verifying that the applicant was currently employed. The agent says that he reviewed the application with the customer before submitting it online. The customer denied that he had reviewed the application. The application was accepted and the policy was bound.

Subsequently, the home was destroyed in a fire.

The customer made a claim under the policy and the carrier denied the claim for several reasons, including misrepresentation on the application regarding employment.

During its investigation, the carrier found that the customer had not been employed at the time of the application or at any time during the policy period. The carrier took the position that the applicant’s employment status was material to the risk and the policy would not have been issued if the response had been accurate. Therefore, the policy was therefore void ab initio.

The customer then sued the carrier, but not the agency.

Ultimately the carrier paid the claim in full and then made a demand through subrogation against the agency alleging that the agent had breached the agency agreement by not filling

out the application with due care. The carrier demanded arbitration pursuant to the agency agreement asserting that the agency must reimburse the carrier for the full amount of the claim paid, plus all of the carrier’s attorney’s fees spent defending the customer’s lawsuit against the carrier.

The agency agreement required that the arbitration be held halfway across the country and before a panel of insurance executives.

The agency’s files revealed that the agency may have been on notice of the customer’s employment status through previous applications for auto insurance. Although it was questionable that the applicant’s employment status was material to the risk, the agency was unable to produce any verification regarding the online application and the customer’s verification of the responses to the questions.

A printed application initialed and signed by the customer would have negated the customer’s claims of ignorance.

A simple stamp for printed online applications indicating that the customer has reviewed and verified the accuracy of the responses which is signed by the applicant would also be helpful. If the application is taken over the phone, then it should be verified by the customer via email for fax. With the rise in online applications, providing a record of the application and verification by the applicant is an increasing problem. Often neither the carrier nor the agent can provide a record of the actual responses nor can they verify that the customer approved the responses. Ultimately, the subrogation claim was settled with the agency paying a portion of the underlying settlement amount back to the carrier.

Download full version of this report at iiabsc.com/eo and find two additional case studies representing an agents’ duty to advise and the difficulty in defending from liability when communicating with clients via SMS text messages Summer 2015 • South Carolina Agent & Broker

31

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South Carolina Agent & Broker • Summer 2015

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Agents Council for Technology Work smarter. ACT is always looking for ways to help agents work smarter, save time and market their services. With workgroups made up of agency, carrier and vendor representatives tackling issues such as mobile strategies, real-time, ACT creates whitepapers, offering agents guidance on everything from social media and carrier interface to securing client data.

The Big “I” WORKING FOR YOU

Ron Berg, ron.berg@iiaba.net, Executive Director, ACT

Best Practices

Diversity

Be better. The Big “I” Best Practices study provides a chance for all Big “I” members to learn from the top agencies across the United States. The comprehensive product line delivered via research, resource guides and webinars provides key strategies to help improve overall agency performance and increase agency value. Look to Best Practices in 2014 for a new perpetuation guide and webinar series as well as an updated customer service tool. Jennifer Becker, jennifer.becker@iiaba.net, Director of Education Programs

Be diverse. The Big “I” Diversity Task Force is charged with fostering and creating a profitable independent agency distribution force that reflects, represents and capitalizes on the opportunities of the diverse U.S. population. Find seven free webinars and implementation guides to help agencies create a roadmap for marketing to today’s consumer.

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Opportunities are available to volunteer in one of the more than 520 classrooms. In 2014 InVEST will reach more than 18,000 students creating insurance savvy consumers and future recruits. Jennifer Robinson, jennifer.robinson@iiaba.net, InVEST Program Director

Virtual University Find analysis. The Big “I” VU links agents to insurance research, coverage analysis, sample forms, court cases and white papers. With more than 2,000 searchable articles your employees have a wealth of knowledge at their fingertips. Have a tough question?

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www.independentagent.com 34

South Carolina Agent & Broker • Summer 2015

Young Agents Lead the way. The Big “I” national Young Agents program encourages industry involvement, from opportunities to speak with legislators to sales, leadership and technology training. The Big “I” Young Agents Leadership Institute is the annual gathering of the nation’s best and brightest. Let the Big “I” Young Agents help you perpetuate your agency inquire about scholarship opportunities for the Big “I” Legislative Conference and leadership meeting. Susie Bonner, susan.bonner@iiaba.net, Director, Agent Development & Marketing

IIABSC IIA ABSC Executive Exeecutive L Leadership eadersh hip SSeminars eminars Unfortunately being a great agent does not make you a great leader, and visionary leadership and solid management can move a successful agency to the next level.

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Self image and success Understanding motivational needs Employee requirements and motivation Understanding personality differences Understanding values differences Motivation in sports You can’t manage what you can’t measure Communication and feedback Identifying de-motivators Rewards and recognition

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Influence vs. authority Addressing employee performance problems Coaching vs. counseling Coaching and performance reviews Knowing what to evaluate and measure

Summer 2015 • South Carolina Agent & Broker

35

It’s Time to Now

I

IABA’s Agents Council for Technology (ACT) is going strong. For those who may not know about ACT, it was established in 1997 by our national association under the leadership of Jeff Yates. As IIABA noticed the continuing need for advancing the use of technology, best practices and improving processes to better serve our clients, ACT was formed.

Since then, carriers, brokers, technology vendors, industry associations and agents have collaborated to enhance the use of technology and improve workflows within the Independent Agency System. ACT consists of volunteer workers who have dedicated their time and service for the improvement of technology and best practice initiatives. Since its inception, ACT has worked on Carrier Download, Real Time, Carrier-Agent Technology Agreement Recommendations, Electronic Signature, SignOn Once and other matters that face the distribution channel.

In January 2014, Ron Berg was announced as the new Executive Director of ACT. Ron comes to this position with a wealth of knowledge and more than 20 years of experience working for a large carrier. “ACT is vital to the technological direction and pace of our distribution channel, especially in delivering the interactive experience that consumers and our customers expect. ACT brings together all the key partners in our industry to drive consensus and accelerate improvements to agent and broker work flows. Much like our customers having independent agents as trusted advisors, ACT benefits from the passionate work of our carrier, agency, vendor, user group and association volunteers,” Ron said.

Under Ron’s leadership, ACT continues to focus on improving the Independent Agency Distribution System by collaborating with industry leadership and using new technologies. ACT has several work groups that facilitate 36

South Carolina Agent & Broker • Summer 2015

By George Robertson, CISR, IIANC Automation & Technology Specialist

discussion on many of the industries’ issues. As the work group determines a potential need, they create additional work groups to expedite discussion and resolution on a variety of topics. Here is a list of current ACT work groups and campaigns: Future Issues Work Group - This group • Strategic focuses on understanding the key ‘hard trends’, and

informing/directing focus areas for other ACT Work Groups, as well as other industry associations. Think of this group as the ‘beacon’ for ACT in understanding which tech trends are going to impact our distribution channel.

Experience Work Group - Creating a • Customer roadmap to better understand the touch points in a customer’s insurance journey. (See more below)

Issues Work Group - Focusing on the security • Security issues that face our industry including data encryption, security plans, data breach laws, mobile devices and many others. (See more below)

Work Group - Reviewing the • Communications internal and external communications plan to deliver the right message to agents, carriers and vendors.

Delivery Work Group - Focusing on electronic • Policy delivery of policies to agents and insureds.

Sign-on and ID Federation - Working to • Single minimize the ID/password impact and the risk to agent workflows.

Time / Download Campaign - Supporting the • Real implementation of Real Time and download to better improve carrier/agent efficiencies.

Each of these Work Groups plays a significant role in helping to improve our distribution channel. This year, ACT will continue work on eSignature and Commercial Lines Comparative Rating.

Customer Experience Work Group Claudia McClain, President of McClain Insurance Services, and Judy DeLaRosa, Vice President of Online Platforms and Solutions Manager of Chubb Insurance, both Co-Chaired the Customer Experience Work Group. “With the advent of smartphones and mobile devices, consumers have changed their methods for evaluating and purchasing insurance products. We wanted to be able to give agents recommendations for improving the customer insurance journey and helping them to retain and write new business,” Claudia said.

Judy echoed her thoughts on the customer journey stating, “consumers’ behaviors and expectations, particularly in relation to how they engage with us, will continue to change, especially in the digital environment. The bar by which we are measured is not established by us, but rather is set and continually raised by the many other industries that consumers engage with.

Companies that score well understand the consumer’s journey and have a customer-obsessed approach and culture. What we need to do now is truly understand today’s consumer’s journey and fuse that understanding with our obsession to optimize their experience.” With those thoughts in mind, the group focused on the six phases of the consumer journey: Discover, Evaluate, Purchase, Experience, Renew/Leave and Advocacy Choice.

What emerged from this in-depth study was a document that gives agents suggestions and resources for improving the overall customer journey. One of the main findings was that consumers are seeking ease of use and relationships. As independent agents, we have always valued the customer relationship and focused on being that trusted advisor. We must improve our methods of establishing and engaging our clients during life changes. “We have to invest in the technology and system design to deliver the WOW experience throughout the policy period,” stated Claudia.

With the development of this document, ACT is giving agencies the information they need to begin to provide this improved experience. “While this document is focused on the technologyrelated touch points, today’s journey is an omnichannel one so it is important we understand how and when consumers engage digitally and non-digitally throughout their journey, and use that information to create a connected experience across all interactions,” stated Judy.

One of the recommendations by the work group was to make sure agency websites are compatible with any device, including mobile. This conclusion was validated recently when Google announced they will now use mobile-friendly websites as important criteria for ranking.

Download a copy of the ACT-Consumer Insurance Journey Recommendations document by visiting www.iiaba.net/ACT.

Security Issues Work Group Steve Aronson, President of Aronson Insurance Agency and Chair of the Security Issues Work Group, has been tasked with educating and communicating the importance of securing Personal Identifiable Information (PII). With the recent focus on data breaches and the establishment of data breach notification laws in 47 of the United States including the District of Columbia, Puerto Rico and the Virgin Islands, educating our industry and helping agents, carriers, vendors and associations to understand the importance of securing PII has become a necessity. Steve led the group to develop a pocket guide to help agents begin to implement security measures to protect PII and help prevent a potential data breach.

Along with the security pocket guide, Steve and his workgroup have created several webinars and panel discussions to help promote the importance of data security. During the recent ACT meeting in Tampa, Fla., Paul Viollis Sr., Ph.D., CEO at Risk Control Strategies, spoke on protecting our greatest assets: our clients and their data. Not only is ACT reaching out to insurance industry experts, they are also looking to other industries that can contribute to the overall knowledge and improvement of our distribution system.

This pocket guide is expected to have already been added to the ACT website’s “Security & Privacy” webpage (iiaba.net/act > Planning & Security > Security & Privacy).

You should ACT now and join the team!

a Member of the ACT Team - Sign up to attend • Become one of the three meetings held throughout the year. There is no cost for IIABSC/IIABA agent members, all you have to do is register on the ACT website (www.iiaba. net/act) by clicking on the Events tab. to Join a Work Group - Reach out to me • Volunteer (grobertson@iianc.com) or Ron Berg (ron.berg@iiaba. net) to discuss a specific Work Group where you feel you can make a contribution. ACT is always looking for additional members and fresh thinkers that will progress our industry. to ACT eNewsletter - One of the easiest ways • Subscribe to follow ACT is to sign up for the monthly newsletter.

Visit the ACT website (iiaba.net/act) and click on the ACT Newsletter button on the left hand menu options. the ACT LinkedIn Group - Contribute to the many • Join posts centered on the issues our industry faces. Most recently, posts have been made on Cyber Extortion, Google Compare, Customer Experience, Email Encryption and many others. Search “ACT (Insurance Agents Council for Technology).”

Summer 2015 • South Carolina Agent & Broker

37

Texts, GPS and French Fries: Are Your Members Protected?

What does it mean for us as insurance agents?

At any given moment in this country, approximately 660,000 drivers are using cell phones or manipulating an electronic device while driving (according to the National Occupant Protection Use Survey). As insurance agents, these drivers are our customers. We strive to protect them from loss, whether caused by their own actions or by others’. It’s an unfortunate reality that our customers are driving while distracted, or are at least driving where the drivers around them are distracted. Even children walking home from school are at risk. It’s really not a matter of if they’ll be involved in a distracted driving-related accident, but when.

By April Shrews bury Big “I” Manager of Personal Umbrella Markets

S

creeeeeeech .... CRASH! That was the sound I heard one day last year as I ventured into an intersection in Bluefield, Va. After a great lunch with my mom, I was making a right on red as the driver next to me started into the intersection and was struck at full highway speed by another driver. Thankfully everyone walked away, but what I noticed was the driver in the oncoming vehicle never applied the brakes, which would suggest that she didn’t ever see the red light. She was likely a distracted driver.

We’ve all seen countless articles, TV commercials and public service announcements warning of the dangers of distracted driving. Distracted driving can include activi­ties such as writing or reading a text, checking the GPS, talking to others in the car, applying make-up or even (who isn’t guilty of this one?) fumbling around in a paper bag for the last french fry. It is such a pervasive issue that there is an official U.S. Government website for Distracted Driving (www.distraction.gov), full of facts, figures and suggestions for talking to drivers (and it’s not just teens who need the discussion).

38

South Carolina Agent & Broker • Summer 2015

How can I help protect my customers?

A Personal Umbrella Liability Policy can help protect an insured against financial ruin (losing their home, future earnings, and other assets) when they or a member of their household are sued or found liable for a car accident (among other things). Given the likelihood that any of today’s drivers will be involved in a distracted driving-related accident, that fact alone is reason enough to offer an umbrella to every customer.

RLI insurance is our endorsed carrier for personal umbrellas, and they offer a personal liability limit of up to $5 million for when your customer is found to be at-fault in an accident. RLI also offers excess UIUM coverage, which would cover the insured’s injuries if they are struck by a distracted driver who then drives off, is uninsured or doesn’t have enough insurance to cover the injuries of those in the insured’s vehicle.

Writing a RLI personal umbrella policy is simple. Visit rlipersonalumbrella.com and use the online tools for quoting, downloading a SC application and accessing free marketing materials to promote coverage with your clients. Online quoting only takes two minutes and includes a quote letter for your insured. If coverage is declined, use the quote letter to document the decline, adding it to the insured’s file as a protection against a “failure to offer” E&O claim. To bind, send in completed application with premium check to our office at IIABSC, PO Box 21008, Columbia SC 29221.

Advanced Seminar Series E XC E L L E N C E T H RO U G H E D U CAT I O N The IIABSC Advanced Seminar Series was developed to take continuing education to the next level.

What you don’t know CAN hurt you and can hurt your clients. Are you ready for the challenge?

Keep Calm & Carry On: Commercial Lines Q&A

Explores some of the more difficult gray areas of commercial lines. Taught by Terry Tadlock, CPCU, CIC, CRIS. 6 hrs. P&C Columbia, Oct. 28 Greenville, Sept. 23

Cyberliability

Do you know whether your clients have a first-party or third-party exposure to cyberliability? This course will address the exposures of the cyberuniverse and what you need to know to offer insureds proper coverage for cyber issues while minimizing your E&O exposure. Taught by Jerry Hargrove. 6 hrs. P&C Charleston, Sept. 22 Columbia, Sept. 24

Learn more at iiabsc.com

Commercial Lines Nuts & Bolts

Two-day course on the basics of commercial lines insurance. First day covers commercial property forms/coverage, commercial property cause of loss forms and business income. Second day covers commercial general liability coverage forms, business auto coverage form and workers compensation.

Nov. 4-5, Charleston

Personal Lines Nuts & Bolts

Two-day course on the basics of personal lines insurance. First day covers homeowners insurance, recent forms changes and flood insurance. Second day covers personal auto and excess coverage. Both days include common endorsements.

Sept. 2-3, Columbia

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Summer 2015 • South Carolina Agent & Broker

39

Calendar

View up-to-date calendar, course descriptions and register using our online Education & Event Calendar at www.iiabsc.com/education

m m

CLASSROOM COURSES WEBCAST/WEBINAR - no test required for CE Credit

July

40

August

07

Data Privacy Insurance, 2 hrs. P&C

04

Business Income, Beyond the Basics, 3 hrs. P&C

07

Hot Topics in Personal Lines, 2 hrs. P&C

04

Workers Comp, Beyond the Basics, 3 hrs. P&C

07

Rental Cars, More than Meets the Eye, 2 hrs. P&C

06

CISR William T. Hold Seminar, Charleston, 7 hrs. P&C

08

Directors and Officers Liability Insurance, 2 hrs. P&C

10

Surplus Lines License Review Course, 3 hrs. P&C

08

Estate Planning Techniques: Gifts, Trusts and Life Insurance, 2 hrs. L&H

11

Commercial Lines Claims that Cause Problems, 2 hrs. P&C

09

Business Auto Claims that Cause Problems, 2 hrs. P&C

11

E&O Risk Management – Meeting the Challenge of Change Part I,

09

Long-Term Care Insurance, 2 hrs. L&H

3 hrs. P&C

13

Surplus Lines License Review Course, 3 hrs. P&C

11

E&O Risk Management – Meeting the Challenge of Change Part II,

13

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

3 hrs. Ethics

14

E&O Risk Management – Meeting the Challenge of Change Part I,

11

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

3 hrs. P&C

11

Shake, Rattle & Roll with It: Earthquake Basics, 1 hr. P&C

14

E&O Risk Management – Meeting the Challenge of Change Part II,

12

Data Privacy Insurance, 2 hrs. P&C

3 hrs. Ethics

12

Hot Topics in Personal Lines, 2 hrs. P&C

14

Shake, Rattle & Roll with It: Earthquake Basics, 1 hr. P&C

12

Rental Cars, More than Meets the Eye, 2 hrs. P&C

15

NFIP Basic Course w/ 2014 Updates, 3 hr. P&C

13

E&O Mock Trial, 2 hrs. P&C

15

AIAM Day 5, Columbia, 6 hrs. P&C

13

Directors and Officers Liability Insurance, 2 hrs. P&C

15

Top 5 Life Insurance Uses, 2 hrs. L&H

13

Liability Issues: Indemnity Agreements & Additional Insureds, 2 hrs. P&C

16

CISR Agency Operations, Florence, 6 P&C or L&H, 1 Ethics

14

Affordable Care Act, Update 2015 & Beyond, 3 L&H

16

Personal Lines Claims that Cause Problems, 2 hrs. P&C

18

Those Kids and Their Cars, 2 hrs. P&C

17

Certificates of Insurance, 3 hrs. P&C

18

IIABSC Executive Leadership Program Day 1, Columbia

21

AIAM Day 3, Greenville, 6 hrs. P&C

19

AIAM Day 1, Hilton Head, 7 hrs. P&C

21

Agency Management Based E&O and Ethics, 3 hrs. Ethics

19

NFIP Basic Course w/ 2014 Updates, 3 hr. P&C

21

Commercial Property Endorsements that Can Make You Money,

20

E&O Risk Management, Meeting the Challenge of Change, Columbia,

2 hrs. P&C

3 hrs. P&C & 3 hrs. Ethics

22

Affordable Care Act, Update 2015 & Beyond, 3 hrs. L&H

20

Certificates of Insurance, 3 hrs. P&C

22

Business Income, Charleston, 6 hrs. P&C

20

Insurance and the Property Lease, 2 hrs. P&C

22

CISR Personal Auto, Greenville, 7 hrs. P&C

20

E&O Risk Management – Meeting the Challenge of Change Part I,

23

AIAM Day 4, Charleston, 4 hrs. Ethics, 2 hrs. P&C

3 hrs. P&C

23

E&O Risk Management – Meeting the Challenge of Change Part I,

20

E&O Risk Management – Meeting the Challenge of Change Part II,

3 hrs. P&C

3 hrs. Ethics

23

E&O Risk Management – Meeting the Challenge of Change Part II,

20

Home Based Business Exposures, 2 hrs. P&C

3 hrs. Ethics

20

Retirement Planning & Annuities, 2 hrs. L&H

28

Building Codes are Bad for your Insureds, 2 hrs. P&C

25

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

28

COPE: Property Underwriting and Effective Loss Control, 2 hrs. P&C

26-28

CIC Life & Health Institute, Columbia, 20 hrs. L&H

28

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

27

Policy Provision Potpourri, 2 hrs. P&C

South Carolina Agent & Broker • Summer 2015

Welcome to Our Backyard!

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Summer 2015 • South Carolina Agent & Broker

41

September

3 hrs. P&C

2-3

Personal Lines Nuts & Bolts, Columbia, 12 hrs. P&C

13

E&O Risk Management – Meeting the Challenge of Change Part II,

03

Long-Term Care Insurance, 2 hrs. L&H

3 hrs. Ethics

08

Building Codes are Bad for your Insureds, 2 hrs. P&C

13

Shake, Rattle & Roll: Earthquake Basics, 1 hr. P&C

08

COPE: Property Underwriting and Effective Loss Control, 2 hrs. P&C

14

Affordable Care Act, Update 2015 & Beyond, 3 hrs. L&H

08

E&O Risk Management – Meeting the Challenge of Change Part I,

14

AIAM Day 2, Charleston, 6 hrs. P&C

3 hrs. P&C

14

CISR Commercial Casualty II, Rock Hill, 7 hrs. P&C

08

E&O Risk Management – Meeting the Challenge of Change Part II,

15

Insurance and the Property Lease, 2 hrs. P&C

3 hrs. Ethics

16

Rental Cars, More than Meets the Eye, 2 hrs. P&C

08

Shake, Rattle & Roll with It: Earthquake Basics, 1 hr. P&C

18-20

IIABSC Annual Convention, Hilton Head

09

CISR Personal Lines Miscellaneous, Charleston, 7 hrs. P&C

19

Directors and Officers Liability Insurance, 2 hrs. P&C

09

Estate Planning Techniques: Gifts, Trusts and Life Insurance, 2 hrs. L&H

20

Those Kids and Their Cars, 2 hrs. P&C

10

Data Privacy Insurance, 2 hrs. P&C

20

Certificates of Insurance, 3 hrs. P&C

10

Hot Topics in Personal Lines, 2 hrs. P&C

20

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

10

Business Auto Claims that Cause Problems, 2 hrs. P&C

21

NFIP Basic Course w/ 2014 Updates, 3 hr. P&C

11

Directors and Officers Liability Insurance, 2 hrs. P&C

22

IIABSC Executive Leadership Program Day 3, Columbia

14

Surplus Lines License Review Course, 3 hrs. P&C

22

E&O Risk Management – Meeting the Challenge of Change Part I,

15

CISR Commercial Property, Hilton Head, 7 hrs. P&C

3 hrs. P&C

15

IIABSC Executive Leadership Program Day 2, Columbia

22

E&O Risk Management – Meeting the Challenge of Change Part II,

15

Affordable Care Act, Update 2015 & Beyond, 3 hrs. L&H

3 hrs. Ethics

16

Agency Management Based E&O and Ethics, 3 hrs. Ethics

22

Retirement Planning & Annuities, 2 hrs. L&H

16

NFIP Basic Course w/ 2014 Updates, 3 hr. P&C

27

CISR Elements of Risk Management, Myrtle Beach, 7 hrs. P&C

16

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

27

Home-Based Business Exposures, 2 hr. P&C

16

Top 5 Life Insurance Uses, 2 hrs. L&H

28

Commercial Lines Q&A, Columbia, 6 hrs. P&C

17

Certificates of Insurance, 3 hrs. P&C

29

Policy Provision Potpourri, 2 hrs. P&C

17

Personal Lines Claims that Cause Problems, 2 hrs. P&C

17

Rental Cars, More than Meets the Eye, 2 hrs. P&C

November

17

E&O Risk Management – Meeting the Challenge of Change Part I,

4-5

Commercial Lines Nuts & Bolts, Charleston, 12 hrs. P&C

3 hrs. P&C

4-6

CIC Personal Lines Institute, Hilton Head, 20 hrs. P&C

17

E&O Risk Management – Meeting the Challenge of Change Part II,

05

Building Codes are Bad for your Insureds, 2 hrs. P&C

3 hrs. Ethics

05

COPE: Property Underwriting and Effective Loss Control, 2 hrs. P&C

22

Cyberliability Exposures & Coverages, Charleston, 6 hrs. P&C

09

Data Privacy Insurance, 2 hrs. P&C

22

Commercial Property Endorsements that Can Make You Money, 2 hr. P&C

09

Hot Topics in Personal Lines, 2 hrs. P&C

23

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

09

Surplus Lines License Review Course, 3 hrs. P&C

23

Commercial Lines Q&A, Greenville, 6 hrs. P&C

10

Directors and Officers Liability Insurance, 2 hrs. P&C

23-25

CIC Agency Management Institute, Myrtle Beach, 20 hrs. P&C or L&H

10

E&O Risk Management – Meeting the Challenge of Change Part I,

24

Cyberliability Exposures & Coverages, Columbia, 6 P&C

3 hrs. P&C

10

E&O Risk Management – Meeting the Challenge of Change Part II,

October

3 hrs. Ethics

06

Business Income, Beyond the Basics, 3 hrs. P&C

10

Shake, Rattle & Roll with It: Earthquake Basics, 1 hr. P&C

06

E&O Mock Trial, 2 hrs. P&C

11

Estate Planning Techniques: Gifts, Trusts and Life Insurance,

06

Liability Issues: Indemnity Agreements & Additional Insureds, 2 hrs. P&C

2 hrs. L&H

06

Workers Comp, Beyond the Basics, 3 hrs. P&C

12

Business Auto Claims that Cause Problems, 2 hrs. P&C

06

CISR Personal Residential Property, Columbia, 7 hrs. P&C

12

Certificates of Insurance, 3 hrs. P&C

07

CISR Commercial Property, Greenville, 7 hrs. P&C

12

Long-Term Care, 2 hrs. L&H

08

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

13

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

09

Data Privacy Insurance, 2 hrs. P&C

17

AIAM Day 2, Columbia, 6 hrs. P&C

09

Hot Topics in Personal Lines, 2 hrs. P&C

17

Commercial Property Endorsements that Can Make You Money,

12

Surplus Lines License Review Course, 3 hrs. P&C

2 hr. P&C

13

CISR William T. Hold Seminar, Columbia, 7 hrs. P&C

17

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

13

Commercial Lines Claims that Cause Problems, 2 hrs. P&C

17

Affordable Care Act, Update 2015 & Beyond, 3 hrs. L&H

E&O Risk Management – Meeting the Challenge of Change Part I,

18

CISR Personal Residential, Florence, 7 hrs. P&C

18

CISR Commercial Property, Charleston, 7 hrs. P&C

13

42

South Carolina Agent & Broker • Summer 2015

18

IIABSC Executive Leadership Program Day 4, Columbia

18

NFIP Basic Course w/ 2014 Updates, 3 hrs. P&C

18

Top 5 Life Insurance Uses, 2 hrs. L&H

19

Personal Lines Claims that Cause Problems, 2 hrs. P&C

19

E&O Risk Management – Meeting the Challenge of Change Part I,

3 hrs. P&C

19

E&O Risk Management – Meeting the Challenge of Change Part II,

3 hrs. Ethics

19

Agency Management Based E&O and Ethics, 3 hrs. Ethics

23

Rental Cars, More than Meets the Eye, 2 hrs. P&C

One Submission – Multiple Markets.SM

Endorsed

by IIABA

We Say YES!

December 07

Professional Ethics in the Insurance Industry, 3 hrs. Ethics

08

Data Privacy Insurance, 2 hrs. P&C

08

Hot Topics in Personal Lines, 2 hrs. P&C

08

Commercial Lines Claims that Cause Problems, 2 hrs. P&C

08

E&O Risk Management – Meeting the Challenge of Change Part I,

3 hrs. P&C

08

E&O Risk Management – Meeting the Challenge of Change Part II,

3 hrs. Ethics

08

Shake, Rattle & Roll with It: Earthquake Basics, 1 hr. P&C

08

CISR Agency Operations, Greenville, 6 hrs. P&C or L&H, 1 hr. Ethics

09

CISR Commercial Property, Columbia, 7 hrs. P&C

10

Business Income, Beyond the Basics, 3 hrs. P&C

10

Certificates of Insurance, 3 hrs. P&C

10

Home-Based Business Exposures, 2 hrs. P&C

10

Workers Comp, Beyond the Basics, 3 hrs. P&C

14

Surplus Lines License Review Course, 3 hrs. P&C

15

Those Kids and Their Cars, 2 hrs. P&C

15

Insurance & BBQ, the Hidden Connection, 3 hrs. P&C

15

Affordable Care Act, Update 2015 & Beyond, 3 hrs. L&H

16

Directors and Officers Liability Insurance, 2 hrs. P&C

16

NFIP Basic Course w/ 2014 Updates, 3 hr. P&C

17

E&O Mock Trial, 2 hrs. P&C

17

Insurance and the Property Lease, 2 hrs. P&C

17

Liability Issues: Indemnity Agreements & Additional Insureds, 2 hrs. P&C

17

E&O Risk Management – Meeting the Challenge of Change Part I,

3 hrs. P&C

17

E&O Risk Management – Meeting the Challenge of Change Part II,

3 hrs. Ethics

18

Policy Provision Potpourri, 2 hrs. P&C

22

Retirement Planning & Annuities, 2 hrs. L&H

29

Rental Cars, More than Meets the Eye, 2 hrs. P&C

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Summer 2015 • South Carolina Agent & Broker

43

Member News

Mappus Insurance Agency Featured in Rough Notes Magazine IIABSC member agency Mappus Insurance Agency in Charleston was recently featured in Rough Notes magazine as the May 2015 agency of the month. The agency recently changed leadership to IIABSC Board Director Andrew Muller, but the piece also pays proper tribute to founder Ted Mappus, Jr., and his successor, immediate former president Teddy Mappus, III, both of whom were on staff in 1989 when Hurricane Hugo hit. The piece covers most of the major issues facing today’s independent agency, including perpetuation, flood, keeping up with legislation, broker partners, automation and procedures, online marketing and active participation in industry associations. Access it at roughnotes.com though the Archives link on the current issue.

Freedom Campaign commercial lines materials now available for download and customization.

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South Carolina Agent & Broker • Summer 2015

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Summer 2015 • South Carolina Agent & Broker

45

2015 Board of Directors

Executive Committee

Directors

Chairman Kenneth A. “Ken” Finch, CPCU, CIC, CRM, AAI Adams Eaddy & Associates kfinch@adamseaddy.com

National Director Jules Anderson, AAI Anderson Insurance Associates Charleston, SC janderson@aiasc.com

Angus M. Brabham, IV, CIC (Gus) Regions Insurance Columbia, SC gus.brabham@regions.com

Chairman Elect/ Treasurer R. Scott Moseley Irmo Insurance Agency Irmo, SC scott@irmoins.com

Immediate Past Chairman Ashley Brady, CIC First Charter Co., Inc Marion, SC abrady@firstcharterins.com

Secretary Tom Bates, Jr. Herlong Bates Burnett Greenville, SC tom@hbbins.com

Stephen B. Cannon, PhD, CPCU (Steve) Law Insurance Agency, Inc Spartanburg, SC scannon4@juno.com Harrison G. Cline, CIC, AIP The Furman Co. Insurance Agency Greenville, SC hcline@furmanco.com James B. Galloway (Ben) Peoples First Insurance Rock Hill, SC bengalloway@peoplesfirstinsurance.com Dana D. Groome, CIC, CPCU, CISR, ACSR Peoples Underwriters Inc. Conway, SC danag@peoplesunderwriters.com

Andrew E. Muller, CIC, AAI, CWCC, PRIS Mappus Insurance Agency Inc. Charleston, SC andrew@mappusinsurance.com James G. Taylor, Jr., CIC (Jay) Kinghorn Ins Agency of Beaufort Beaufort, SC jtaylor@insurancebeaufort.com Tonya S. Thomason, CIC David A. Crotts & Associates Greenwood, SC tonya.thomason@dcrotts.com Teresa C. Yount, CPCU, CIC, CRM, AINS, CPIW Correll Insurance Group Spartanburg, SC tyount@correllinsurance.com

For Dwelling Fire/Mobile Home Insurance, put your trust in a company that has been insuring homes for over 50 years.

National Security Can Provide You With: • $125,000 Maximum Policy Limits • AAIS Basic Form 1 Policy • Direct Contract with National Security • 15% New & Renewal Commission • Partnership Profit Sharing • Fast Online Policy Issuance • Tenant Schedule Option • Easy Payment Options National Security has provided competitive, affordable insurance to policyholders for over 50 years, but we also provide a lot for our agents, with competitive commissions, excellent customer service and experienced company adjusters. As an admitted Southeastern based regional company, National Security prides itself on fast, efficient service from a friendly small town company, and online access for all agents, providing fast quotes, online policy issuance, online dec page printing, and real-time policy information.

We are now accepting new appointments.

Find out more by calling Sharon at 1-800-239-2358 x213 or visit nationalsecuritygroup.com.

46

South Carolina Agent & Broker • Summer 2015

Elba, Alabama

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