The Ontario Broker October 2012 by Annex Business Media

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THE ONTARIO BROKER

THE OFFICIAL PUBLICATION OF THE INSURANCE BROKERS ASSOCIATION OF ONTARIO (IBAO) OCTOBER 2012

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james chmiel

feeling the change

04 president’s message 06 communication strategies 08 hr strategies 10 ceo corner

12 technology matters 13 e&o corner 14 legal UPDATE 18 Building a better brokerage

20 ribo election 22 territory update 24 YBC Update 26 awards of excellence 30 community view

WE’RE BIG ON BUILDING A BRIGHTER FUTURE

RSA is honored to be partnering with Bridges to Community Canada, a non-profit community development organization, to support the building of a school in El Sasle, Jinotega, Nicaragua. RSA will be directing a portion of our IBAO Convention budget to this charitable community initiative. Nicaragua, one of the poorest countries in Central America, has widespread unemployment, poverty and a literacy rate below 70%. Access to education is limited, and when accessible, conditions and amenities often provide a poor learning environment. As a global leader we are committed to doing our part to contribute to a brighter future. With over 300 years experience, RSA offers a complete suite of insurance solutions for small business to multi-national organizations through a network of independent brokers.

IF YOU’RE BIG ON A BRIGHTER FUTURE, PARTNER WITH RSA.

Visit us at the IBAO Convention! We’re at booth 54 in the Canadian Room of the Fairmont Royal York – October 17 & 18.

PERSONAL & COMMERCIAL INSURANCE

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[ A DV E RTO R I A L ]

WE’RE BIG ON MAKING A DIFFERENCE As our brokers know, RSA is a strong supporter of IBAO and its Annual Convention. As always, we are excited to connect with all our valued broker partners from across the province at this year’s upcoming Convention at the Fairmont Royal York in Toronto. With the understanding of IBAO and its Executive Team, RSA will be directing a portion of our usual Convention budget to a charitable community initiative in Nicaragua. RSA is partnering with Bridges to Community Canada, a non-profit community development organization that takes volunteers to developing countries to work within local communities on construction, health and environmental projects. This year, RSA is very excited to be supporting the building of a school in a rural community in Nicaragua through the sponsorship of RSA employee and broker volunteers. While there won’t be an RSA Hospitality Suite this year, be sure to visit the RSA Booth on the convention floor. Senior members of our team will be there to welcome you. And as always, we have some great fun events planned throughout the day that you won’t want to miss.

MAKING A DIFFERENCE Nicaragua, one of the poorest countries in Central America, has widespread unemployment, poverty and a literacy rate below 70%. Access to education is limited, and when accessible, conditions and amenities often provide a poor learning environment. RSA is committing to sponsor a small group of RSA brokers and employees to travel to the remote community of El Sasle, Jinotega, Nicaragua. This team will spend seven days living in the community, working alongside its people to construct a new, safe school for the children of El Sasle. By February, the project will deliver an entirely new school with three multifunctional classrooms, the complete renovation of the old community school and a new playground for the students. The school will make an enormous difference in the lives of 185 children and the future prosperity of this remote community.

IF YOU’RE BIG ON MAKING A DIFFERENCE, PARTNER WITH RSA.

Visit us at the IBAO Convention! We’re at booth 54 in the Canadian Room of the Fairmont Royal York – October 17 & 18.

A non-profit community development organization that takes volunteers to developing countries to work, learn and reflect.Through the process of living and working with local communities on construction, health and environmental projects, Bridges promotes cross-cultural learning, a deepening awareness of our global interdependence and a commitment to the common good.

PERSONAL & COMMERCIAL INSURANCE

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President’s Message The Official Publication of the Insurance Brokers Association of Ontario (IBAO) Published by

Think Tank

Editor Angela Stelmakowich astelmakowich@canadianunderwriter.ca 416-510-6793 Senior Publisher Steve Wilson steve@canadianunderwriter.ca 416-510-6800 Associate Publisher Paul Aquino paul@canadianunderwriter.ca Account Manager Michael Wells mike@canadianunderwriter.ca Account Manager Christine Giovis christine@canadianunderwriter.ca Account Manager Elliot Ford eford@canadianunderwriter.ca Art Direction Sue Williamson The Ontario Broker is published monthly by Canadian Underwriter magazine (www.canadianunderwriter.ca). Canadian Underwriter’s Insurance Group of publications is part of Business Information Group (www.businessinformationgroup.ca), a subsidiary of Glacier Media Inc., a leading Canadian information company with interests in daily and community newspapers and business-to-business information services. All rights reserved. Printed in Canada. The contents of this publication may not be reproduced or transmitted in any form, either in part or in full, including photocopying and recording, without the written consent of the copyright owner. Nor may any part of this publication be stored in a retrieval system of any nature without prior written consent. The articles that appear in this publication represent the opinions of the authors and do not represent or embody any official position of, or statement by, IBAO; nor do they attempt to set forth definitive action standards or to provide legal advice.

Insurance Brokers Association of Ontario 1 Eglinton Avenue East, Suite 700 Toronto, Ontario M4P 3A1 Tel: (416) 488-7422 Fax: (416) 488-7526 Toll Free: (800) 268-8845 (888) ASK-IBAO www.ibao.org Annual subscription is $52 + tax. To order email: contact@ibao.on.ca For information on submitting an article, contact Maria Roscetti Conference & Publications Coordinator mroscetti@ibao.on.ca

The Ontario Broker / October 2012

Rick Orr President IBAO “Oh the Thinks You Can Think, if Only You Try!” Dr. Seuss seems to sum up much of the last 18 months for me. Who would have thought that companies could send us PDFs of our policies and we would never have to touch it to have the PDF attached to our client’s screen? Who would have thought that brokers could have their own mobile app? Who would have thought that brokers and companies could share back-end rating systems? Well, all of these things are happening. If only you try! Just 12 months ago at Convention, Bryan Yetman and I stood in front of a room of 600 brokers explaining the potential benefits of e-Doc, the time savings for us, the cost savings for the industry and the satisfaction of regulatory requirements. We told you this was all possible, but we needed your help by speaking to your carriers. Well, speak you did. As of writing this article,

RSA has launched e-Doc to all of its brokers and Intact is not far behind. Soon you will also see The Dominion, Economical, Aviva and Wawanesa follow suit. We’re also promised that by year’s end, all broker management systems (BMSs) will be able to catch PDFs and attach them. Who would have ever thought an industry-wide technology solution could be delivered in 12 months. Thanks to everyone who met Centre for Studies in Insurance Operations standards, here we are! In April during our Road Shows across Ontario, you heard about the IBRI Mobile App that was coming — and now it’s here. Every brokerage can have their own mobile app available on all three platforms. Clients can report a claim with the click of a few buttons, or just click on the “Call Broker” button and your phone will ring. We have most insurers participating with us and providing us with their list of preferred body shops. When a client reports a claim, their phone’s GPS will allow the app to locate his or her insurer’s nearest preferred repair shop. This is just the start of some of the collaborative technologies being developed by brokers and insurers. If you don’t yet have your mobile app, contact Asima Zahid at IBAO or visit the IBAO booth at Convention. This year, IBAO dedicated a lot of time debating and formulating an online quoting strategy. We believe the only true road to online success is by brokers and

carriers working together. Individually, we cannot generate enough traffic, visits or content to beat the budgets of our competition; together, we will win. We do not have to use the same sites. We can all look different, but we must use some common back-end technology. We need to convince insurers that if they are going to launch an online tool, they need to work with us and show us they really are our partners. If we can drive the majority of online quoting and broker locator requests through a common back end, the Google relevancy will drive us to the top of the list. Once we had debated and understood the online issues and potential better, your board passed two resolutions in June: The IBAO Board of Directors is opposed to the reduction of commissions by insurers relating to the intro duction and use of online business acquisition tools. and IBAO supports the devel opment of online quoting strategies by insurers that are aligned with and utilize the IBRI broker locator tool. With regard to the first resolution, brokers need to think of the long-term effect changes like this will have on their overall operations. Is it faster or does it take less of our expertise to manage new online business? Is there less E&O exposure? I would suggest not. As brokers, should we ante up for the cost of the insurers’ advertising campaigns in excess of the already accounted for oper-

President: October 3-5 Atlantic Alliance Conference

ating expense amounts? What’s next? Will reduced commissions in the online world become the norm? Will we end up paying for insurer promotions, sponsorships and campaigns? We need to think before we just say, “Yes.” The second resolution is really a reflection of our belief that together we win, individually we fail. While it may seem self-serving at first glance to push insurers to use our rating engine, it really is a matter of self-survival. In reality, what back-end is used is not what is important; having a common back-end; however, is critically important. Since

we have already spent considerable time and capital to build it, I don’t understand why carriers would want to duplicate that expenditure. If you are looking for a conversation to have with your carriers this year, may I suggest it be around changing business practices and the online world? Take the time to explain to your markets what you plan to do differently in the coming year — and how updating your business model will benefit both you and them. Once that is done, ask your carriers to support you by working with IBAO for their own future online initiatives. In today’s world, there is no reason for each

carrier to go out and spend capital to build solutions that already exist. One more “think” — The IBAC Data Exchange project that will allow “real-time” policy change directly out of our own BMS to the carrier is quietly making significant headway. As it develops, others are grasping the concept — as has recently been seen with both Keal and Brovada. The next year or so is expected to bring some exciting results. As you can see, we are well on our way with a couple of “thinks”. We have plenty of work to do with others, but what do I see as really exciting? What’s going to be the next “think”!

October 10 Executive Meeting October 16 Board Meeting October 17-19 IBAO 92nd Annual Convention CEO: October 3-5 Atlantic Alliance Conference October 10 Executive Meeting October 16 Board Meeting October 17-19 IBAO 92nd Annual Convention October 23 OMIA Meeting October 31 CSAE Conference

IBAO would like to thank all our sponsors . . . MAGENTA SPONSORS

SILVER SPONSORS BMO Bank of Montreal The CG&G Group Compu-Quote Gore Mutual Insurance Company Jevco Insurance Northbridge Insurance Thomson Rogers WINMAR

BRONZE SPONSORS Burns & Wilcox Elliott Special Risk LLP Great American Insurance Paul Davis Systems Pembridge Insurance Totten Insurance Group Wawanesa Mutual Insurance WineryPak

GOLD SPONSORS

FRIENDS MEDIA SPONSORS Benefits Coordinators BCI Inc. Canadian Underwriter Expert Travel Financial Magazine Security (E.T.F.S.) Ci — Top Broker Magazine iClarify — SCM Risk Management Services Industrial Alliance Insurance Bureau of Canada Zurich Canada

October 2012 / The Ontario Broker

communication strategies

Stuart Knight Entrepreneur & Author

Learning the Language There are so many things that we all know we should do — but still we don’t. Personally, I need to have dinner before 8 p.m. What is it for you? Do you need to spend less time at the office, cut back on the beer and wings, or travel more? Although it may be different for each of us, there is not one person reading this who does not have something that they know they should do be doing. Still, there is one thing that almost all of us share in this “putting off” category, although most do not even know it. Just like hitting the gym, quitting smoking and cleaning out the garage, the something you have been putting off is having an enormous impact on your life.

The Ontario Broker / October 2012

Actually, it may be more accurate to say the impact it is not having on your life is enormous. Each day, people across the country feel frustrated in business because they are not getting the sales, leads and returned phone calls they desire. They are left feeling confused because they spent the time and effort and still do not seem to hit their targets. If you are one of these people, I may know what the problem is. You are most likely putting off having powerful conversations. What’s sad is that most people think they are having them, but I can tell you they are not. The most successful individuals in business have invariably been the ones who deliberately take the time to build strong relationships with people. Why? Because it is people who hire us and fire us, promote us and demote us, buy from us or don’t buy from us. And they do these things based on the way we make them feel. GETTING TO KNOW YOU How do people feel after speaking to you? Do they feel powerful, interesting, important and heard? Do you give them reason to trust you, promote you to others and expand their business with you? The answer to the last question is not found in the number of hours you spend

at your desk; it is found in the number of hours you spend engaging people in powerful conversation. Every time you take someone beyond idle chatter about the weather and into a subject matter that is meaningful to them, it is a moment you significantly increase the probabilities that your business will grow. People buy from people they know and getting to know people is the easiest thing you will ever do. If you want to reach new levels of success within your business, start doing that today. Pick up the phone and talk to a customer about their most recent vacation, go to a local hockey game and ask a fellow parent his or her thoughts on the education system, or strike up a conversation about the situation in Syria with a stranger in line at Tim Hortons. The results will astound you. It has worked for the most successful people since the beginning of time. And it will work for you. All you have to do is ask — and the rest will take care of itself.

How do people feel after speaking to you? Do they feel heard?

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HR Strategies

Courtney Kidd Human Resources Associate ENGAGE HR

Conventional Partnership Is it time for a tune up? At IBAO’s 92nd Annual Convention this year, ENGAGE HR invites you to sit back and relax. Each year, Convention affords a unique opportunity for the ENGAGE HR team to connect with brokerages and discuss how

to best optimize brokerage value through human resources solutions. Now more than ever, environmental conditions necessitate that brokerages deliver top-notch customer experiences. In an endeavour to accomplish this, integration of strategic human resource management practices are essential elements to achieve the goals of fending off competition, securing top talent and fostering growth. audit time At this year’s Convention, ENGAGE HR will again be offering our complementary HR “Mini-Audit” for Principal Brokers and Managers to complete and receive diagnostic feedback. The primary intent of the audit tool is to generate a profile that outlines areas of strength and/or improvement as they relate to the current state of the brokerage’s human capital strategy. Reflected in some of our past topics

featured in IBAO’s magazine, the HR Mini-Audit provides feedback on business strategy, organizational design, communication, culture, compensation, legislative compliance, recruitment and selection, performance management, training and development, employment relations and talent and career management. Feedback from the audit tool offers a synopsis of where priority efforts need to be placed. Consider the following testimonial from one brokerage that completed the audit process at last year’s IBAO Convention. “My advice to others would be to take advantage of the ‘audit’ opportunity this year at Convention. Doing so last year proved to be the start of a valuable and strategic partnership with ENGAGE HR. Our ongoing efforts have helped to ad vance our awareness of our brokerage’s human capital needs and successfully align them with our future objectives.” Jamie Ostic, Principal The Ostic Group Fergus, Ontario

CMY

TIME FOR SOMETHING NEW As 2012 nears its end, we begin to consider what 2013 may have in store. Why not come by and visit the ENGAGE HR booth at Convention and try out the HR Mini-Audit opportunity. For more information about the audit tool and/or for any other additional human resources support, please feel free to contact the ENGAGE Advantage Helpdesk at 905/306-8111, Ext. 240.

The audit tool generates a profile that outlines areas of strength and/or improvement as they relate to the current state of the brokerage’s capital strategy. 08

The Ontario Broker / October 2012

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CEO Corner Brand New Way Alister Campbell CEO The Guarantee Company of North America

Having just recently joined a new company with a grand old brand currently celebrating its 140th anniversary, I have been reflecting a bit on the role of brand in the post-modern age.

The New Landscape for Broker E&O Exposure The population is aging. Your clients that act as estate trustees and executors do so without insurance for their personal liability. This may be news to you, but lawyers refer to estate administration as “The New Frontier for Legal Liability”. To learn how to protect your clients and their families…AND your own professional liability, go to www.erassure.com today. Introductory IBAO Convention Contest Visit www.erassure.com/ibaoconv and enter to win one of five Apple iPads. Winners will be drawn the week of October 22nd. Draw is open to active IBAO members only.

ERAssure® is a registered trademark of Estate Risk Protection Plan Inc. Apple and iPad are registered trademarks of Apple Inc.

The Ontario Broker / October 2012

And the more I think about it, the more I think the subject should be central to how insurers and brokers position themselves to compete in a world that is moving so very fast. There are so many trends at work, as we seek to define ourselves with customers these days; it’s difficult to keep up with the business jargon. But while some things are changing quickly, my belief is that some things are staying exactly the same. In fact, they may be compounding in importance precisely because of the pace and scope of change all around us. To win in this environment, I believe we need to be conscious of what’s changing, but also find a way to respond to what is not changing at all. Let me explain. To begin with, we must be conscious of a few key themes around change. Here are 10 obvious ones, although I’m sure you are tracking others: speed, mobility, ubiquity, consumer sophistication, transparency, diversity, globalization, dis-intermediation, the 1%, information overload and commoditization. Okay, that’s 11, so I’ll stop. Every single one of these themes is affecting the way our customers think, behave, shop and buy. As such, every single one of these trends must be factored into how we design, package and market our products and services — both in our head offices… and in your communities. Get it wrong, and we go the way of the travel agent or the record store. And this can happen fast. Big-box stores such as Best Buy helped kill Eaton’s. Just a few years later, Best Buy itself was in peril in the face of Amazon, E-Bay and the World Wide Web. However, some things remain almost stubbornly the same. Customers still seek value (that includes intangible elements as well as a base price they are willing to pay for a commodity). Customers still maintain a devout cynicism about the promises of any corporation — in this context, Canadians are all “from Missouri” — and always have been. Customers still seek relationships — albeit experienced somewhat differently in a wired world. Crucial here is that customers reserve the right to define when and with whom they have relations.

So winners must work out how to be constantly present, but simultaneously non-invasive and deferential to the desire to maintain privacy and stay in control. Customers are as overwhelmed with change as we are. So the quest for relationship has a lot to do with the need for comfort/security that if and when there is a need (deciding on a new purchase, new purchase is faulty, car breaks down, basement floods, etc.), there will be an actual human available and ready/ willing to help — a human they can trust. Which brings me directly to brand. Companies signal to consumers their trustworthiness through their brand. The marketing textbooks talk about brand promise for a reason. A strong brand enables companies to get past the initial stages of a transaction (think back to the awkwardness of a first date, if it helps). A strong brand enables companies to accelerate customer decision-making. Maybe even more important in our shared

context, a strong brand can earn a premium over the base commodity price (check out the price of Kraft peanut butter or Heinz ketchup versus competitors at the grocery store to see what I mean). What we know is that big brands have massive intangible value. What we also must recognize is that bigger brands often have bigger advertising budgets. And to a very real and undeniable extent, advertising drives the growth of brand awareness and increases brand power. DAVID AND GOLIATH As such, the question becomes: How does a smaller insurer or local insurance broker survive and win in a world where scale can build a brand bigger than us? This is a crucial question when customers are seeking to cut through the confusion by reaching out for brands they can trust. I do not have easy answers, but I do know that by thinking about a value proposition that speaks to the things that

have not changed — i.e. the quest for value, the appetite for relationships that have a human element, the desire for a trusted advisor, and attaching that to your own brand promise, there is still room to win as a smaller specialist/niche “David” in a world of “brand Goliaths”. That is why initiatives like the Broker Identity Program (which we are proud to support) matter. Brokers must do more to market the brands they sell just as we, as insurers, must do a better job of advocating for the role and brand of the broker. Together we can enhance each other’s competitive position and ensure brands like ours (and broker partners like all of you) have another 140 years ahead of us!

Customers are as overwhelmed with change as we are.

Right now, they’re feeling fear and uncertainty. You want them to feel relief.

Your client needs more than an insurance claim. They need their life back. When personal injury strikes, it takes good people like you to pick up the pieces. Your client relies on you to help them make the best decisions to put their life back together; and your company’s reputation relies on you making a sound recommendation. At Thomson, Rogers, we want to help you achieve the best possible outcome for your client. Our trial experience and skills are second to none, and we work hard to make sure you and your client have someone you can always count on.

Call Thomson, Rogers at 416-868-3100 or 1-888-223-0448 or visit www.thomsonrogers.com

Contact Thomson, Rogers today to let us help you make a difference.

October 2012 / The Ontario Broker

Technology Matters

Paul Taylor Vice President IBRI

What’s Appening? On September 13, 2012, Independent Broker Resources Inc. (IBRI) launched the “Insurance Companion,” a mobile application for insurance brokers. The mobile app allows your clients quick and easy contact with your office, leverages the camera and GPS functionalities resident in the handheld device it runs on, and can be used to prepare basic accident reports in real time for submission from roadside directly to your office. Look for our booth at IBAO Convention to see for yourself what this app can do. So what are the reasons why we decided to built the app? And why does your office need to take part? First, the mobile phone has become

The Ontario Broker / October 2012

the majority of your clients’ primary means of communicating. Through phone, email, text and internet browsing, the phone is now a connection to the world, and the myriad of apps available make the internet and its social and professional networks available to your clients in the manner that they want. For you as the broker, having a presence on your customer’s phone is a continuing reminder that they have chosen you as their provider of insurance. The value of reinforcing your brand in this fashion is tremendous. In addition, the Insurance Companion positions your brokerage as progressive and working in today’s environment. Second, IBRI wanted to get an application to the marketplace quickly. Some insurers have already built applications of their own that offer some beneficial functionality for your clients. However, our view is that you should really control that space. If each insurer was to build an application of its own, brokerages can potentially lose control of their messaging to customers. Perhaps more important, if your brokerage is promoting multiple insurance company applications, you are also losing a valuable branding opportunity. The relationship between you and

your clients will be strengthened when the mobile application offered reinforces your brand. The Insurance Companion provides an additional method for your clients to communicate with you. It can provide them with a feeling of reassurance that you are only an email or phone call away, should they need assistance or require any coverage information. The mobile app serves as an additional touch point and reminder that you are that customer’s chosen insurance professional. For that segment of consumers who choose to communicate in this way, the app provides them an opportunity to do so. IBRI has just started with this initiative. We will continue to develop the application and expand its functionality for brokers and their customers. We will collaborate with insurers to provide services that are company-specific through the broker’s application. I’d like to congratulate The Guarantee Company who has already worked with us to provide additional options for brokers and claims service efficiencies, and I expect more to follow. We will make sure that the Insurance Companion is the best choice for brokers, their customers and their insurers now and into the future.

E&O Corner constitute a contract. It does not, and is not intended to, replace an actual review of the policy. Consider the following:

• understand insurance company certificates and signatures are best; and • establish a set procedure for the office.

Noted: Certificates of Insurance

Certificates... • are not intended to assign any rights to the holder; • do not grant any extra insured status; • do not add any waiver of subrogation rights; • are not a contract between the insurer (its agent or broker) and the holder; • do not replace, amend or create any changes in the policy referred to; and • are the responsibility of the insurer for accuracy.

Insurance certificates are intended to be proof of insurance coverage in place. A certificate details information on the policyholder’s insurance in effect on the day the certificate is issued and signed. A certificate on its own does not provide any insurance coverage nor does it

When dealing with insurance certificates... • get involved with the client’s certificate process early on; • discuss the purpose and need for certificates with the client; • avoid manuscript certificate wordings and, instead, use standard forms;

Certificate controls... • centralized point of certificate issuance; • logging and numbering system for certificates; • a system for certificate request issues (e.g., additional insureds) to endorsement to policy requests; • appropriate certificate disclaimers, advising that these are for information purposes only; and • a standard letter of explanation to accompany certificates for particularly difficult situations. Take note: A certificate of insurance is proof of what coverage is in place. Any items related to the certificate that do not correspond to the existing policy must be dealt with by endorsing the policy prior to issuing a certificate.

Hugh Fardy Senior Vice President The CG&B Group

They didn’t just lose the use of their legs. They lost their sense of hope.

You can help your client find hope again. When all else seems to have failed your client, your help can be all they have left. Thomson, Rogers recognizes that your company’s reputation relies on you making a sound recommendation. As the largest personal injury law firm in Ontario, Thomson, Rogers not only provides the best legal team for the fairest result, it assembles the best rehab team for your client’s recovery.

Call Thomson, Rogers at 416-868-3100 or 1-888-223-0448 or visit www.thomsonrogers.com

Contact Thomson, Rogers today for more about giving your client what they need… at a time when they need it the most.

October 2012 / The Ontario Broker

CHB 15

Legal Update

Ian Gold Founding Partner Thomas Gold Pettingill LLP

Duty Bound What is the duty of an insurer to the insured when an independent broker is involved? The courts can hold brokers to a high standard when it comes to advising their clients on the sufficiency of coverage and ensuring that no coverage gaps exist. To what extent do insurers share in the responsibility to the insured when there is a sophisticated broker involved in procuring coverage? Ontario’s Superior Court of Justice recently held that where a sophisticated broker is involved, an insurer does not have a duty to the insured to ensure the coverage requested is adequate. The insurer’s only duty to the insured is to issue coverage in accordance with the

application submitted by the broker. In the 2012 ruling, Boudreau v. Ontario Soccer Association, the plaintiff sued a number of parties after suffering injuries during a soccer game that rendered him paraplegic. In a policy issued to the Ontario Soccer Association (OSA), Chubb Insurance Company of Canada provided disability benefits in the amount of approximately $40,000 to players injured in a game. The plaintiff alleged that Chubb had sold a “woefully inadequate” product to the OSA and had breached its duty to the plaintiff as an insured. Chubb brought a summary judgment motion, and the claim against it was dismissed. Justice Thomas Lofchik of the Superior Court of Justice stated as follows: When dealing with an experienced broker, the insurer owes no personal duty directly to the insured; the insurer’s only obligation to the insured is to issue a policy in accordance with the application submitted. In the present case, Chubb’s only obligation to OSA was to issue a policy in accordance with the terms requested by OSA’s broker. … The plaintiffs imply, but in no way support, the existence of a legal obligation

imposed on an insurer represented by an experienced commercial broker to counsel an insured during contract negotiations regarding any perceived inadequacies of the requested insurance coverage. This argument has previously been rejected by way of summary judgment as disclosing no reasonable cause of action against an insurer. In short, where there is an independent broker and the insurer is not in an advisory role, it appears that an Ontario court will not hold the insurer responsible for inadequacies in coverage. The decision in Boudreau is consistent with previous jurisprudence on this issue, including a 2009 ruling by Saskatchewan’s Court of Appeal, Drader v. Sebastian. In that case, appropriate coverage was not provided in a homeowners policy for the plaintiffs’ crystal. The lower court held that the insurer was partially liable (along with the broker) for the failure to provide adequate coverage to the insureds. The provincial appeal court reversed, stating that the insurer’s obligation to the insured is to issue a policy in accordance with the application submitted. The decision in Boudreau has been appealed. The Court of Appeal for Ontario’s response on this will be of interest.

STILL YOUR BEST OPTION

The Ontario Broker / October 2012

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It is all about feeling for James Chmiel. He feels fortunate for the opportunities he has had, he feels pleased with the choices he has made, and he feels happy to be exactly where he is. By Angela Stelmakowich

feeling the change James Chmiel went with his gut. It was just a feeling he got while being interviewed by Dave Westfall and Sandy Hill from Erb and Erb Insurance Brokers Ltd. in Kitchener, Ontario. It was just a little different. It just felt right. A decade later, James and his gut are still there. “I didn’t know anything about Kitchener-Waterloo, other than it had a couple of really good universities and… Oktoberfest,” James adds with an ah-ha of a laugh. “I really didn’t know much about the area or what it had.” That has all changed, says the now-president and partner at Erb and Erb, which employs more than 60 people who handle a complete range of general insurance and financial service products. James got into the insurance game after getting an itch. His older brother had taken the insurance program at

Mohawk College and then began working in the industry. James, who was working with a food services company at the time, found the area interesting and set about to learn more. He took principles and practice at night and later became a licensed insurance representative. “Before I knew it, I was applying to a company in Mississauga, Ontario,” James says. He got the job working in a national call centre for H.B. Group Insurance Management, a position that provided him a grasp of what was happening both in Ontario and elsewhere in the country. “For me, it was phenomenal,” James says. “Not only did they have a great training program, but they were growing, they were progressive,” he recalls. “It set the stage for a real solid foundation and learning opportunity.” More learning would soon unfold. “There was more that I wanted to really

set out and explore within the industry,” he says of the move to the land of Erb and Erb, universities… and Oktoberfest. In the spring of 2002, James began at the brokerage as a servicing broker in sales and production. It was a time when markets were in a downturn, he says, and “things were indeed difficult in terms of writing new business.” Despite the challenging times, the move to Erb and Erb proved a defining one for James. “They say luck is when preparation and opportunity collide and, for me, I was just very fortunate.” James was also fortunate to be part of the succession plan, implemented in 2006, which involved the partnership expanding to include James, Sandy Hill, Christopher Hill and Jonathan Hill. At that time, James was asked to serve as president, a position in which he has “been happily serving since.”

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regional flare James did not know much at all about Kitchener-Waterloo when he joined Erb and Erb. To him, there were the good universities and, of course, Oktoberfest.

call me His work at the national call centre, coupled with the company’s excellent training program, gave James a solid foundation that would serve him well in future.

He is also happy to offer what he can to a community that has become his home. Last year alone, James served as the Kitchener-Waterloo regional campaign chair for the United Way, was named to the region’s Top 40 Under 40 and was a guest speaker at Conestoga College and a guest lecturer at the University of Guelph. The succession went smoothly, but it is a challenge for the broker channel that demands time, attention and effort. “There’s a lot of sharp people in our industry, a lot of really bright, intelligent, articulate people — young and old.” As such, James regards it as incumbent on those in leadership roles to reach out and invest the time to make smooth and successful succession planning a reality. There needs to be short, medium- and long-term goals, he says, and the last must include the question: Who’s next? “What am I doing today to set the

challenging times James started at the brokerage in the spring of 2002, a challenging time when markets were in a downturn and it was difficult to write new business.

Plan for succession The insurance industry is packed with people who have talent, James says. It is incumbent on established brokers to extend a hand to ensure succession is a success.

stage for tomorrow? How do I leave this in a better position for the next generation?” James asks. James says more seasoned industry veterans may be comfortable with a business model that has not really changed dramatically in years. Today, however, “you can’t operate on that same platform.” Basic fundamentals and values — things like ethics, integrity, timeliness and professionalism — will not change and will always be needed. That said, changing times mean changing ways of doing things. The insurance industry is dealing with traditionals, Gen Xs, Gen Ys, Millennials, Ninjas (no income, no job, no assets), James says. “How do we share the wisdom, the knowledge, the information. It won’t happen through osmosis; we need to create that conduit,” he says. “What are we doing to ensure the

Pitching in James has done plenty of volunteering over the years. Last year alone, he worked on behalf of the United Way and was a guest lecturer at the college and university.

valuable service that we provide is still relevant for the next hundred years?” James says the broker environment is constantly changing and evolving. “We need to change and evolve with it, without losing sight of the basic fundamentals,” he says. It is critically important to remember that insurance is a service industry. At Erb and Erb, the partners have set “the stage for the next opportunities and new growth. Organically, we’re growing nicely, comfortably. We’re investing heavily in infrastructure, creating the right roles and putting the right people in the right seats of the bus,” James says. “There’s nothing tougher than trying to make water flow uphill,” he says. “You try to find the win, win, win for everybody while doing the right things.” There is no need to reinvent the wheel, he says, “but you do need to tweak.” October 2012 / The Ontario Broker

Building a Better Brokerage

Lorie Guthrie Phair Principal LePhair Associates Ltd.

Creating a Great Sales Culture At the core of a company’s culture are key factors, which are highly interrelated and can reach across departments, that influence sales success and revenue generation. Many businesses, especially small businesses, believe that sales success is derived principally from the hired talent.

Certainly, talent is a significant factor in growing top-line revenue and retaining business. However, the demands placed on sales professionals by prospects, clients and employers can be daunting. This environment, combined with individuals whose natural interests and abilities do not necessarily lend themselves to a sales role, greatly influences an individual’s chance for success. Harvard Business Review followed 360,000 salespeople in 14 industries throughout their careers to identify what made superior performers successful. The review revealed none of the usual ways of selecting people for their jobs were linked to any significant ability to predict whether or not they would be successful. There was no relationship between performance and educational qualifications, gender, age, race, experience or any of the many other criteria used to select people for jobs. What the review did find, however, was that when people were

“matched” to jobs they were capable of doing, were motivated to do, did so in an environment that suited their personality and behaviour, they were successful. Considering the typical investment in hiring, training and retaining talent, this is a factor that demands attention and planning accordingly. PLAN FOR SALES SUCCESS There are many factors beyond the right talent that influence sustainable revenue generation and contribute to a successful sales culture. Before an organization can consistently produce great results, several factors must be optimized: 1. Overall sales strategy: This includes understanding the key target clients and key points of differentiation being provided to those clients; as well as providing clarity on the value proposition used by the sales team consistently in its elevator pitches. 2. Internal sales methodologies: Are sales processes documented in a sales playbook that staff members follow consistently? Is there an effective sales automation and CRM system that is used properly and consistently to track and follow up on sales funnel activity? 3. Integration with marketing and communication: Does all sales collateral effectively communicate the value proposition? Is there a lead generation strategy that supports the sales force? 4. Talent onboarding and development: Is there an established structure that ensures both accountability and responsibility? Is there an appropriate recruitment and hiring strategy? Is there consistent and comprehensive sales training with reinforcement? Is there a sales leadership development plan to train sales leaders? 5. Performance management system: Are there effective measures in place and does the compensation and incentive plans motivate the appropriate behaviour required by the firm? While not easy to do, when these factors are in alignment, the sales organization functions more effectively, as everyone follows the right processes, maintains the expected client and prospect activity levels and is ultimately selling to the right target clients.

The Ontario Broker / October 2012

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9/10/12 11:27 AM

2012-2013 RIBO ELECTION Three Persons Nominated No Poll Necessary

There are three positions available for the 2012-2013 election to Council. As of the deadline for nominations (4 p.m. on Monday, September 17), the manager was in receipt of nominations for three candidates. RIBO By-law No. 21, Section 9 (1) states: Where the number of persons nominated as candidates for election to the Council at an election is equal to or less than the number to be elected that year, the persons so nominated shall be deemed to be elected as members of the Council in that year and there shall be no poll. Accordingly, there is no need for a poll. The three candidates elected to Council are as follows:

Beth Pearson (incumbent) A.P. (Ontario) Insurance Brokers Inc.

Tracy McLean Moore, McLean Insurance Group Ltd.

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The Ontario Broker / October 2012

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Territory Update

Scott Goodison IBAO Territory 9 Director

Dedication Meets Good Deed Greetings from Territory 9, comprised of the cities of Mississauga, Brampton and Burlington, and the towns of Oakville and Halton Hills. As a new director this year, I have spent time getting to know the brokers in the various affiliates. Having done that, my report consists of a celebration of brokers simultaneously supporting their communities and the broker channel. There is a common theme among all brokers in each Territory 9 affiliate — they firmly believe in the independent broker system. They work hard within their brokerages to be professional, effectively and to efficiently service their customers. Beyond being involved in their local broker associations, brokers donate time and money to their communities. While this may not differ from brokers in other territories, it is important to recognize that what these brokers do is both noteworthy and impressive. Some individuals have gone above and beyond the call of duty. Clyde Robertson, the business manager in Mississauga, along with Donald Clipperton, really have the Mississauga affiliate humming. They hosted a very successful golf tournament that attracted more than 140 golfers and raised $10,000 for the Special Olympics. Over the last 15 years, the total raised for Special Olympics has topped $150,000. This past June, more than 135 golfers attended Burlington’s golf tournament, where $5,000 was raised for the Joseph Brant Hospital. Special thanks go to local president Tim Crawford and Cheryl MacDowell for their work to revitalize this 22

The Ontario Broker / October 2012

important affiliate. Brampton brokers, for their part, welcomed 100-plus golfers to their recent tournament, raising $5,000 for the William Osler Health Centre. This tour nament is one of the first broker golf tournaments in Ontario and has been an enjoyable occasion for the last 35 years. Hats off to Gerry Kylie, Chris Spilar and staff for arranging the event. In Territory 9, we also have a very enthusiastic YBC representative in Christine Sbrocchi, who was among those who organized three YBC events this year. There is certainly an exciting future for the broker channel with people like Christine following the “baby boom” generation. In Halton Hills, the affiliate is small, but mighty (and vigorously dedicated). Ably led by Mandy Armstrong Rogers, members meet almost monthly throughout out the year. A True Honour At this year’s convention, six brokers from Territory 9 will be recognized as Honourary Members of IBAO. This achievement is meant to acknowledge their commitment in both time and effort to the broker channel for many years. Congratulations to Marie Clipperton, Gerry Kylie, Albert Wong, Bill Carser, Tom Lloyd and Brenda Denny for this outstanding achievement. It is important to also mention the City of Brampton, the apparent centre of the auto insurance maelstrom, with notable high rates and an increasing number of fraudulent claims. These are two very familiar topics to directors in Territory 9 and demand a great deal of time. I have talked to all local MPPs regarding these issues, and even had the opportunity to discuss them with the finance minister Dwight Duncan. He

offered some reassurances, stating that the new auto rules are starting to have a positive effect. Labour minister Linda Jeffrey has worked on the provincial budget and has also reported that there is money there to fight fraud. MPP Amrit Mangat’s private member’s bill relating to fraud was supported, while MPP Jagmeet Singh’s bill to stop postal code underwriting was defeated. The standing committee on Finance and Economic Affairs has conducted a study of the auto insurance industry’s practices and trends, and visited Brampton over the summer. Local city councillors and Gerry Kylie where among those who made presentations before the committee. George Cooke, MPP Linda Jeffrey along with IBAO past president Bryan Yetman spoke to local supporters about the Anti-Fraud task force. As one of the territory’s directors, Cooke’s views were sought as part of a local newspaper’s coverage of these two important issues. Rate State With regard to increasing rates, traditional broker companies want to charge higher rates each year. It has been mentioned that brokers in other cities are not actively pursuing new business in Brampton. With this in mind — coupled with the fact that new competitors are coming on stream almost weekly — the challenge seems to be to retain existing customers while offering a lower rate than competitors. Even Mercedes Benz is offering insurance to its customers. Who is next? To say the least, Territory 9 represents a dynamic microcosm of the many exciting things that are going on in our industry. I am looking forward to being a part of it all.

It is important to also mention the City of Brampton, the apparent centre of the auto insurance maelstrom.

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ybc Update

Chelsea Smyth President Young Brokers Council

Seeds of Growth In Ontario, October is traditionally a month of harvest; harvesting the fruits of labour grown through dedication and know-how. It is also the month when our Ontario insurance brokers gather to share their knowledge and recognize the successes of our industry. Our IBAO Annual Convention is the highlight of the year for promoting education, networking with our peers and mentoring insurance program students. IBAO, Young Brokers Council (YBC) and our members look forward to this event. As regular participants, our YBC team leaders and board members work together to organize and oversee the event. Team leaders are easily recognizable by our YBC shirts.

Please, find an opportunity to talk with us. We know where each event is located and are happy to steer you in the right direction. We are also enthusiastic hosts at our annual YBC reception. All young brokers are encouraged to attend Hospitality Night on Thursday and enjoy a relaxed, fun environment where members are able to connect and share their industry stories and experiences. New people are always welcome. This year, we have the unique experience of hosting a café on the exhibit floor. Members and students are invited to join us for coffee. We would be happy to share what we have accomplished over the year and update you about YBC’s goals and projects. Did you know that we attend an Annual Young Brokers Council Conference? Ask us about our most successful YBC conference yet. Recruitment is a major focus of the YBC. We welcome the opportunity to introduce the brokerage channel as a viable, rewarding career. Each year, we invite 12 of the top students from Seneca, Conestoga, Mohawk and Fanshawe colleges to attend our conference. Our YBC team leaders are genuinely interested in these students. We introduce them to other brokers at various stages of their careers; explain the different roles

available within the brokerage office; and describe the advantages that come along with our career path. These students receive incredible benefit from this event and make connections that could result in future job opportunities. We encourage all IBAO members to meet with these promising candidates during Convention. What an excellent opportunity for future recruitment possibilities! CLASS IN SESSION On Thursday, 70 students from the colleges converge to enjoy a student lunch with a specially selected panel of YBC members. Members of the carefully selected panel represent various roles within a brokerage, including sales, service and management. Well-qualified to share their expertise and answer questions on their day-to-day duties, panel members look forward to connecting with the students. One of the wonderful things to experience at Convention is the growth of the YBC membership and the continued participation of our members. I especially look forward to seeing old friends and new faces this year. Please say hello to us, visit our café and our reception. Together we are the insurance brokers of Ontario!

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The Ontario Broker / October 2012

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Thank You.

Thank you for making sure your customers get the coverage they really need. Thank you for doing whatever it takes to get your customers back on track. Thank you for supporting the community where you live. Thank you for pushing us and asking what’s next. Thank you for recommending a Canadian company.

Certain conditions, exclusions and restrictions may apply. The BIP logo is a registered trademark of the Insurance Brokers Association of Canada (IBAC) used with permission. All other trademarks are properties of Intact Financial Corporation used under license. © 2011 Intact Insurance Company. All rights reserved.”

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2012 Awards of Excellence Finalists For the past four years, IBAO has saluted its outstanding members for the work they do in the industry and their respective communities. During the Gala on the final night of Convention, we will announce the winners. Here, by award category, are the finalists.

Broker CATEGORY Peter Blodgett, CIP Darling Insurance & Realty Ltd. Peterborough

Andy Friyia, CAIB Harbour Insurance Services Ltd. London

Young Broker CATEGORY Scott Maskell, CIP Glenny Insurance Broker Ltd. Fort Erie

The Ontario Broker / October 2012

Andrew Alan Clark, CAIB Marsh Canada Limited Toronto

Jeffrey M. Jones, CAIB Jones & Associates Insurance (2002) Inc. Thunder Bay

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9/25/12

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Honouring Five Decades Of Commitment To Leadership, Stability And Growth

Barry Kennedy, Senior Vice President Gore Mutual Insurance Company

Gore Mutual congratulates Barry Kennedy as he celebrates 50 years in the insurance industry. Few people demonstrate the passion that Barry has for this industry. His contributions have been significant and include mentoring and encouraging students to pursue a career in insurance. Gore Mutual considers it a privilege and honour to have Barry on our leadership team. He embodies our core values by delivering genuine personal service, demonstrating a commitment to community and ensuring integrity guides our actions.

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Affiliate Achievement CATEGORY London Insurance Brokers Association President: Suzanne Pountney, BA, CIP, RIB (Ont.) May-McConville Insurance Brokers Ltd. London

Insurance Brokers Association of Waterloo Region President: Melissa Snyder, CAIB, CRM Lackner McLennan Insurance Ltd. Waterloo

Leeds-Grenville Insurance Brokers Association President: Mary Rae Knapp, CIP, CAIB J.B. Kelly Insurance Broker Ltd. Brockville

BROKERAGE CATEGORY (More than 10 member brokers) Donovan Insurance Brokers Inc. Kevin J. Donovan, CIP, CCIB Waterloo

Bryson & Associates Ins. Brokers Ltd. Tracy Makris, CAIB, CIP Ajax

P.A. Roy Insurance Brokers Inc. Jeffrey A. Roy, CAIB Clinton

BROKERAGE CATEGORY (less than 10 member brokers) Affiliated Insurance Management Inc. Rick Dresher, CAIB Oakville

The Ontario Broker / October 2012

Jones-Dooley Insurance Brokers Marsha Jones Dooley, CIP, CAIB, EPC Ajax

Topping Insurance Brokers Ltd. Ted Topping Peterborough

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Community View Fore... Heritage and Culture Youngs Insurance Brokers 4th Annual Charity Golf Tournament was held on August 14th at Legends on the Niagara. In all, 275 golfers took part, and this year’s proceeds went to the Welland Heritage Council and Multi-Cultural Centre Building Fund.

From left to right: Jean-Francois Blais, president of Intact Insurance; Mathieu Lamy, senior vice president of claims for Intact; Bipper; Bob Tisdale, president of Pembridge Insurance; and Sandy Valleriani, president of Youngs Insurance Brokers Inc.

Welcome Treat IBTR donated enough funds to pay for a full day at Marineland for the residents of a women’s shelter for young girls who normally get only the necessities of life — a much-appreciated treat.

Fill it Up! Lori Wilson of Brantford was the first winner of Free Gas for a Year from IBAO’s Facebook contest on the MyInsuranceShopper Facebook Fan Page.

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The Ontario Broker / October 2012

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9/18/12 3:12 PM

IBAO School of Insurance EDUCATION FOR BROKERS BY BROKERS

DESIGNATION PROGRAMS CSIP Retreat

CAIB & CPIB Winter Term

November 7 to 10, 2012 Deerhurst Resort, Huntsville, ON

Deadline to Register is December 1

IBAO is pleased to offer this 3-day Retreat that gives CSR and Personal Lines Managers the chance to be both educated and rewarded for exceptional performance. It enables you to step away from the day-to-day hectic brokerage activities into a relaxed, yet refined learning environment where you will become equipped with the best practice solutions that define the CSIP program. Fine tune your customer service skills and network with professional peers at one of Ontario’s première resorts – Deerhurst Resort in Huntsville, Ontario. www.ibao.org/education

CSIP Workshop & Retreat Package Price: $1,600 per person (Includes all taxes, education materials, three nights’ accommodation, meals, wine with dinner and all scheduled group activities. Single occupancy only.)

Space is limited to the first 30 registrants, so register soon!

Canadian Accredited Insurance Broker CAIB is a four part national designartion program that takes an in-depth look at technical coverages and business management strategies in the Canadian insurance marketplace. The program focuses on theee major subject areas: personal lines, commercial lines and brokerage management.

Canadian Professional Insurance Broker CPIB is a six part designation program that is designed for brokers who have achieved CAIB or CIP, are seeking a specialization and who want a program to enhance their knowledge of the insurance industry.

Fees:

Group Discussion - $554 Self Study - $514

Upcoming SeminarS, coUrSeS & WebinarS

Webinars Upcoming Webinars: Register Early to secure your spot. Webinars sell out Fast!

Introduction to Business Interruption PAYING BY CREDIT CARD, BIPPER BUCKS or COUPONS/VOUCHERS? 1. Log in to the IBAO website (www.ibao.org/register) and go to the Event Calendar. 2. Select the event you wish to Attend. 3. Enter your IBAO membership # and your last name (this field is case sensitive) to Login. 4. Continue through the online steps to register for one or more events. PAYING BY CHEQUE Download a registration form from www.ibao.org/registrationform. QUESTIONS? Contact the IBAO School of Insurance at 416-488-7422 or 1-800-268-8845.

November 6 In this one hour introductory seminar, you will be introduced to the basic concepts of business interruption insurance, including the key elements of the most commonly used forms. The forms that will be addressed include: Profits & Profits ALS, Gross Earnings, Rental Income, Extra Expense, and Contingent Business Interruption.

Getting Started in Commercial Lines Series November 20, 22, 27, 29 Upon completion of the four part series, participants will have learned the basic foundation of commercial property and liability coverages including commercial risk assessment and will be able to apply the theory learned right away. Visit www.ibao.org/events to register

E-Learning Library The fall season is a great time to think about your own personal and professional development. IBAO has a complete suite of online learning programs to help fit within your busy schedule through our online library.

Some of the most popular course titles include: Time Management - Strategies for Success Quality Service-First Time, Every Time for Professionals Ontario Automobile Policy - 4 Part Series Commercial Lines Full Video Series 2 Parts Harassment Prevention Visit www.ibao.org/elearning to start learning today. Note: You will need to login as an IBAO member first.