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OREGON AGENT Q4

Thank you 2021 Premier Partners!

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See our full Partner list on pages 15-16.

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CONTENTS THANK YOU 2021 PREMIER PARTNERS

Big I Oregon PO Box 68366 Portland Phone: 503-274-4000 Fax: 503-274-0062 Toll Free: 866-774-4226 Big I Oregon Staff Tyra Dressel | Executive Director tyra@bigioregon.com LeeAnn Smelley | Director of Member Services LeeAnn@bigioregon.com Melissa Reed | Director of Agency E&O oregoneoteam@bigioregon.com April Pitz | RLI Administrator April.Pitz@iiaba.net Roger Beyer | Big I Oregon Lobbyist roger@rwbeyer.com

We appreciate our 2021 Premier Partners Extraordinary commitment and support. See the full list of our Premier Partners on pages 15-16.

PRESIDENT’S MESSAGE......................................5 All In at InsurCon 2022 THE DIRECTOR’S CORNER................................8 Facing Challenges VIRTUAL UNIVERSITY............................................10-11 Mistakes on Certificates Versus Clear Policy Language AGENCY GROWTH..................................................18-19 Creating Value that Drives Sustainable Growth INDEPENDENT AGENT.......................................22 Oregon Wildfires Bring Out the Best in Local Independent Insurance Agents E&O.....................................................................................27-28 Potential E&O Claim: Should I Report it to My Carrier

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Mutual of Enumclaw...................................31 mutualofenumclaw.com

Applied Underwriters.................................32 auw.com/us

Risk Placement Services............................29 rpsins.com

Aspera Insurance Services........................5 asperains.com

Rothert Insurance.......................................21 rothertinsurance.com

Berkshire Hathaway GUARD.....................19 guard.com

UFG..................................................................3 ufginsurance.com

EMC.................................................................14 emcins.com

Western National.........................................12 wnins.com

Griffin Underwriting Services..................2 goGus.com Imperial PFS.................................................11 ipfs.com

For more information on advertising, contact Kaylyn Zielinski at kaylyn@iiaw.com.

The Oregon Agent is a publication of the Independent Insurance Agents and Brokers of Oregon and is published quarterly by Independent Insurance Agents of Wisconsin. Big I Oregon reserves the right in its sole discretion to reject advertising that does not meet Big I Oregon qualifications or which may detract from its business, professional or ethical standards. Big I Oregon and IIAW do not necessarily endorse any of the companies advertising in the publication or the views of its writers. The publisher cannot assume responsibility for claims made by advertisers, context provided by the editor, or for the opinions expressed by contributing authors.

4 | Q4 2021 |

PRESIDENT’S MESSAGE

All In at InsurCon 2022

By: Mark Atkinson Big I Oregon President

Atkinson Insurance Group

Even though we’ve had to cancel this year’s Insurcon2021. I chuckled a bit when I saw that “All In” was the theme.  If my family and friends were asked to describe me, they would use that exact phrase. Over the years my excitement for certain pursuits may have given them ample reason.

anything other than to go all in.

But just as we were in the midst of planning for the “All In” experience, we’ve had to switch gears due to the state of Covid-19 and double down and prepare for InsurCon2022. I am excited that we will be convening at Sunriver Resort, August 21-23, 2022.  Having to pivot last year to a digital convention experience and now this year’s cancellation, I know we will all be more than ready to pivot back to the in-person, look-someone-inthe-eyes and shake-a-hand experience.  InsurCon 2022 stands to be the greatest opportunity for us all to connect over the past 2 years. I look forward to restoring relationships and being challenged with some great insights world-class presenters.

The “all in” mindset started early for me.  In grade school, my desire for a small aquarium turned into a business. I was soon raising tropical I encourage you to clear your calendar and fish and selling them to the local pet store.  You register today.  Let’s all go “All In.” See you at might say my hobby scaled overnight.   It seemed InsurCon 2022. that whatever I was interested in through my childhood years, I couldn’t rest with just the normal level of interest or involvement.  It didn’t stop as I grew up. During the pandemic, I thought that a travel trailer would be a great way to relax and explore sights unseen.  Well, even though I am not fond of camping and never towed a trailer, I found myself with a new truck and trailer and all the equipment one might need to Aspera delivers fully enjoy this new experience.  quotes within 48 hours Most recently, my wife and I have 75% of the time. moved to a property with five acres. Having the opportunity to raise chickens, I am now in the midst of building the mother of all chicken coops.  Yes, it is the Chick Mahal.  I am going all in for Aspera specializes in these egg layers.

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There have been many opportunities over the years to exercise the same strategy at my agency.  Just one example is when looking at automation options a number of years ago, it didn’t make sense to do

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| Q4 2021 | 5

2021 EXECUTIVE COMMITTEE

RUSS SCHWEIKERT Vice President Ashland Insurance, Inc. Ashland, OR 27 Years

ED DAVIS National Director Maps Insurance Services Salem, OR 56 Years

6 | Q4 2021 |

MARK ATKINSON President President, Atkinson Insurance Group Portland, OR 38 Years

LYNDSAY KOOISTRA President-Elect Shareholder, LaPorte Insurance Portland, OR 19 Years

DEBBIE FLORES Immediate Past President KPD Insurance, Inc. Springfield, OR 35 Years

BOB ROSSON Finance Chair President Timmco Insurance Portland, OR 27 Years

TYRA DRESSEL Executive Director Big I Oregon Lake Oswego, OR 28 Years

2021 EXECUTIVE COMMITTEE

2021 BOARD OF DIRECTORS

TJ SULLIVAN Legislative Chair BH Insurance Salem, OR 24 Years

MICHELLE GALLARDO NextGen Chair The Partner’s Group Portland, OR 17 Years

DALLAS ROSS Timmco Insurance Beaverton, OR 7 Years

KRISTON CORRELL JUUL Insurance Agency North Bend, OR 23 Years

TIM CUNDARI Cundari Insurance Portland, OR 26 Years

TRISH FULWILER J.D. Fulwiler Insurance & Co. Portland, OR 24 Years

GREG HORNER Insurance Partners, LLC Portland, OR 31 Years

MARTY KANTOLA Chet Hill Insurance Ashland, OR 37 Years

STEVE LACESA Oak Tree Insurance Lake Oswego, OR 37 Years

MATT PIDCOCK Valley Insurance LaGrande, OR 17 Years

JOHN POWELL Hopp Insurance Newberg, OR 11 Years

BRETT SLATER Slater & Associates Insurance, Inc. Tualatin, OR 28 Years

STEPHEN SMELLEY Goldfinch Consulting Beaverton, OR 34 Years

JENNIE WEILAND PayneWest Insurance Beaverton, OR 20 Years

2021 BOARD OF DIRECTORS

| Q4 2021 | 7

THE DIRECTOR’S CORNER By: Tyra Dressel Executive Director of Big I Oregon

FACING CHALLENGES

As Big I Oregon’s Executive Director, I often experience new challenges. Just as many of our principal agency members, I’ve experienced the once a in life-time challenge of leading an organization through a pandemic. I’ve utilized skills and directed resources that I never thought imaginable. I’m happy to report that we’ve been able to expand our membership and offerings, update our brand, transfer our online database, and in quick order went viral with education and events. We’ve seen our members rise to the challenges of the times and it’s been extraordinary. For the first time, in over two years, I traveled to a national executive meeting end of July. State Execs from across the country gathered to connect, learn, and collaborate with the primary focus of strengthening our association for our agency members. We heard from outstanding speakers, an IIABA Panel including Bob Rusbuldt, President & CEO and IIABA Executive Committee Members Jon Jensen, Bob Fee & John Costello; speaking of their continued commitment to meet our agency member’s needs through innovation and keeping ahead of the curve. We balanced our week’s working sessions with interactive networking. We quickly bonded and have developed important connections that wouldn’t have been formed so seamlessly via a virtual event. Seasoned State Execs shared their “My Favorite Things/Great Ideas Ignite”. I came away with a plethora of new ideas and a more in depth understanding of the many benefits and resources available to our members. There was discussion on more targeted and efficient communication and an introduction to Levitate as a new membership benefit. Big I Oregon will begin testing in the coming months to evaluate a recommendation to our agency members. I met with E&O gurus and attended round tables on what state affiliates are doing to enhance their members’ experiences.

Tyra Dressel, Big I Oregon; Bob Rusbuldt, President & CEO, IIABA 8 | Q4 2021 |

Many had experience on how to better utilize social media for optimal member engagement. Experiencing an in-person event, after so much time had passed, reinforced how important it is to be physically together. Our NextGen group had also had a socially distanced event at TopGolf, midsummer. It was well attended and gave a glimpse of things to come. We were thrilled to be planning our annual convention, InsurCon 2021 for this upcoming October. I never would have guessed that in just 4 short weeks, following the State Executive meeting, that we would be faced with the decision to cancel our highly anticipated event. However, we’ve once again have had to make hard decisions on behalf of our association members given the increased community spread in Deschutes County, the strain on their hospital system (potentially creating worstcase scenario for our attendees if they were to become suddenly ill or suffer an injury) as well as exhibitor and sponsor attendees having to limit travel to large gatherings based on corporate guidelines. Navigating an association during a pandemic has made “turning lemons into lemonade” Big I Oregon’s mantra. So, while we have not been able to gather for the last 2 annual conventions, we’ve decided to double down and go “All In” for Insurcon2022 and hold our annual convention at Sunriver Resort, August 21-23rd! We’ve already turned our sights and efforts to Sunriver with their newly renovated guest accommodations, expanded venue offerings for both attendees and their families as well as the opportunity to accommodate an even larger attendee roster with an excess of 44,000 square feet of flexible areas as well as a creative culinary team and incredible staff that will ensure that InsurCon2022 will be the convention to attend where we are certain to support, connect, and engage!

Tyra Dressel, Big I Oregon; Matt Banaszynski, IIA of Wisconsin; Hunter Fausnacht, The Institutes; Beth Smoller, Kansas Big I

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| Q4 2021 | 9

VIRTUAL UNIVERSITY

MISTAKES ON CERTIFICATES VERSUS CLEAR POLICY LANGUAGE By: Chris Boggs

Independent Agent Editor-in-Chief

“Can a certificate of insurance limit the breadth of protection provided by the insurance policy and endorsements?” This has to be the weirdest certificate of insurance (COI) question I have ever been asked. Generally, the question goes the other way, asking if language on a COI can broaden coverage. Technically, the answer is the same regardless of whether the COI language “broadens” or “narrows” coverage – no, the COI does not alter coverage. However, and there is always a “however,” the practical answer can be “yes, the COI does alter the breadth of coverage” IF the holder is harmed due to detrimental reliance on the information contained in the COI. Somehow, it seems unreasonable to assert that the holder can be harmed by detrimental reliance if wording in the COI narrows the breath of protection. Because detrimental reliance does not seem to be an issue, the answer is back to no, the COI does not affect the breadth of coverage provided by the policy. (Besides, the concept of “detrimental reliance” is for the benefit of the holder.) Even the disclaimer language contained within the COI supports the idea that coverage is not altered. The COI (ACORD 25) specifically states: “THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 10 | Q4 2021 |

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.”

According to the COI language within the form, coverage is not amended in any way. Seems relatively clear that, short of detrimental reliance, nothing in the COI alters the reality of the policy language. Back to the initial question, and the reason for this review, “Can a certificate of insurance limit the breadth of protection provided by the insurance policy?” Obviously, the COI cannot narrow the clear policy language any more than it can expand it. Why, then, is this a question to consider? When the insurance carrier tries to get out of paying a claim because of information contained on the COI. How absurdly ironic. It is understandable for a carrier to attempt to avoid paying a claim because the COI expands coverage. But it seems incredibly ridiculous (maybe not quite to the level of bad faith, but close) for the insurance carrier to then use the COI to claim that the policy doesn’t respond because the COI narrows the breadth of coverage. The carrier cannot have it both ways. Either the COI affects coverage or it does not! Let’s use the Automatic Additional Insured endorsements as an example. For this example, the narrower of the two available ongoing operations automatic additional insured endorsements is used, ISO’s CG 20 33 - Additional Insured-Owners, Lessees or ContractorsAutomatic Status When Required in a Written Construction Agreement With You. This is considered the narrower of the CG 20 33 and CG 20 38 because it requires “privity of contract,” meaning that to be an additional

insured, the party must be the contracting party. The CG 20 38 automatically extends AI status to any party requiring such status in the contract, not just the contracting party. (Irrelevant to this article, just for information.) ISO’s CG 20 33 extends additional insured status to, “any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.” “Any” is a relatively broad term – it means any. The wording extends AI status to “any person or organization” the insured is performing operations when a written contract requires AI status be extended to that contracting party. There is very little doubt of the intent. If the contract requires AI status be extended to the party with privity of contract, AI status is extended. How could the COI possibly be used to narrow this grant of protection? Many agents are in the habit of listing the relevant project in the Description of Operations; or possibly such listing is required by the contract, but does listing the wrong project in the COI negate the grant of AI status found in the endorsement?

Don’t laugh! This is a real possibility, especially if the loss is large enough. Let’s answer three questions: What does the endorsement require for a party to be an AI? A written contract. As was already stated, each project was under separate contract. But even if all projects were on the same contract, there is still a written contract in place requiring AI status. Does the endorsement reference any documents OTHER THAN the written contract? Well, no. The only document referenced in the endorsement is the contract. The COI isn’t contemplated in the application of the endorsement. Does the COI alter coverage? Seems this has already been addressed. Technically no, unless the HOLDER is harmed by detrimental reliance. This leads to the ultimate question, does having the wrong project and/or address affect the extension of AI protection to the upper tier contractor? No! Certainly no insurance carrier would attempt to use a COI to limit coverage when they are endlessly stating that a COI does NOT expand coverage. This would be the height of irony and an ethical low point.

Assume the insured works on many projects for the upper tier contractor, each under separate contracts, and all contracts require AI status. Presently the insured is working three projects: • Johnson Project at 123 Main Street; • Smith Project at 321 King Street; • Jones Project at 456 Meeting Street. The agent issues a COI for each of the project but forgets to change the project name within the COI’s Description of Operations. Does the listing of the Johnson Project in the COI for the Smith Project change the grant of AI status?

| Q4 2021 | 11

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During the wrap-up of the 4-part series, Patrick will moderate a onehour panel discussion of Big I Oregon insurance principals on how they build and maintain trust-based relationships with colleagues, customers and prospects. This is a virtual event. Register online at bigioregon.com.

This online series is a great way for agencies to reinforce best practices for connecting with clients, referrals and prospects. This is a self-paced, quick study that will encourage habits and systems that will build a loyal and sustainable client base. This exclusive pricing is only for Big I Oregon members!

Register Today: www.iiabo.org/events Big I Oregon is pleased to partner with Patrick Galvin to offer members exclusive access to the curriculum and materials of The Connector's Way. We're making it easy for everyone in your agency to grow their relationship building confidence and skill! -Tyra Dressel, Executive Director Big I Oregon

Sponsored by 2021 Diamond Plus, Diamond & Platinum Partners | Q4 2021 | 17

AGENCY GROWTH

The Trusted Way: Creating Value that Drives Sustainable Growth By: Patrick Galvin Chief Galvanizer

What constitutes ethical business behavior? What does it mean to do the right thing? In a world that regularly stretches the limits of truth and fairness, the answers to these questions hold the key to personal and professional success. I will examine these questions during a Big I Oregon Panel on October 13th. As a member of the audience, you will learn how to: • Evaluate the impact of your thoughts, words, and deeds toward others • Apply The Four-Way Test to your decision making • Develop and nurture strong relationships grounded in trust • Establish and maintain credibility as a trusted advisor • Make the workplace—and the world—a better place I’ll also talk about what it means to “add value” to your personal and professional relationships. The strongest relationships are built on trust, and one of the best ways to earn trust is to provide value first, without consideration for how you will benefit. 18 | Q4 2021 |

But what constitutes value? Value exists in many forms. It may be a book, an article, an industry study, or a web link that you share with a colleague, customer or prospect because you think it will help them in their career. Value may be a strategic business introduction or a personalized card or letter for someone going through a difficult time. It may be as simple as having a heartfelt conversation or lending a sympathetic ear. Clearly, value means different things to different people. Understanding what someone really wants or needs requires paying close attention to their words and actions. When it comes to delivering value to others, rather than simply following the “Golden Rule” (“Do unto others as you would have them do unto you”), the “Platinum Rule,” which Dr. Tony Alessandra defined as “Do unto others as they would like done unto them,” can prove far more effective. What are other ways of building trust and adding value to your relationships? Here are three simple yet effective techniques: 1. Listen Carefully. One of the most valuable gifts you can give someone is your full and undivided attention. Unlike hearing, which doesn’t require extra effort, listening involves paying close attention to what someone says and how they say it. In the process, you gain valuable knowledge that you can use to provide them with the information and tools they need to succeed.

adding value is a recurring part of your relationship building strategy?

The best relationship builders are active and appreciative listeners who genuinely want to know about others. How can you improve your listening skills to focus better on others? 2. Share Freely. Adding value and being of service means identifying the knowledge, skills, and gifts that are unique to you and which can be used to help others advance their goals. In the words of Zig Ziglar, American author, salesman, and motivational speaker: “You can have everything in life you want if you will just help enough other people get what they want.” What unique knowledge, skills, and gifts do you have? How can you use them to help other people prosper? 3. Build the Behavior. Great connectors connect to give, not to get. Relationship building—or connecting—is a mindset where the focus is on adding value whenever possible. Many will fail to add value to their connections because they don’t allocate strategics block(s) of time every week to consider how they can add value and follow through. Think about a time you added value and helped someone without thinking about your own benefit. How did it make you feel? How can you ensure that

When you use your talents and abilities to add value and serve others, you build trusted relationships that benefit all areas of your life. Patrick Galvin is the president of The Galvanizing Group (https://thegalvanizinggroup.com), a Portland, Oregon-based learning and development company that coaches high-performance companies and teams to grow bottom line results through better internal and external trust-based relationships. Patrick is also a TEDx speaker and author whose latest book is The Trusted Way: A Story About Building a Life and Business of Character. His previous book The Connector’s Way: A Story About Building Business One Relationship at a Time is the only business parable with an independent insurance agency owner as the principal character. Patrick is collaborating with Big I Oregon and its partners to give agency members exclusive access to the curriculum and materials of The Connector’s Way in 2021 (see https://www.theconnectorsway.com/ bigioregon).

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STRATEGIES

5 BENEFITS OF SELF-CONFIDENCE By: Pamela Barnum Trust Strategist & Body Language Expert

2. Increase your motivation   When you taking about a past accomplishment, it gives you the I was chatting with a friend, who was confidence to take steps toward your goals. sharing a work situation that she wished If you think about a past success you will she had expressed more confidence. She likely find that it took a lot of perseverance. believed that she would be more respected If you could triumph over adversity then, by her colleagues and be given more why can’t you do it again? You can! As your opportunities. Can you relate? Are there confidence grows, you will become more situations in your professional or personal live where you wish you felt more confident? likely to stretch your abilities and take risks. Sure, you may still be afraid and unsure, but you act anyway, feeling energized as you go We’ve all had those awkward moments for goals that are important to you. where we feel judged making us feel insecure and small. 3. You’ll have more resilience   Having more confidence doesn’t mean Self-confidence is an important ingredient that you won’t fail. You will, and you may for living a happy and fulfilling life. even fail a lot. But, you’ll know you can Understanding the benefits of selfhandle challenges that come your way confidence is an important step toward living you best life. Here are five key-rewards and you won’t be frozen with fear because you’ll understand that even when things of self-confidence: don’t go our way you can handle it. As you continue to push yourself to try new things 1. Experience less fear and anxiety   you’ll realize that failure and mistakes lead If you’ve ever suffered with low confidence to growth. The more willing to fail you are, you’re probably familiar with rumination the more likely you are to succeed because – or the tendency to replay mistakes over you’re in action – you’re taking more shots and over in your head until you experience instead of waiting for the perfect play. anxiety and even depression. By increasing your confidence you’ll be able to break the cycle of overthinking and quiet your inner critic. 20 | Q4 2021 |

4. Your relationships will improve   When you have more self-confidence, you are less focused on yourself and you’re able to avoid the comparison game. As a result, you’ll be more relaxed and so will the people around you. Imagine what it would be like to be fully present and in the moment, instead of wondering what everyone is thinking about you. Newsflash, when you have self-confidence you understand that people aren’t focused on you, they’re focused on themselves. 5. The Authentic You Will Shine Through   Confidence This means that we understand that your weaknesses don’t change your self-worth. When your actions are in alignment with your values you have a stronger sense of purpose. When you know who you are and what you stand for you have the courage to speak up for what you believe in. Now go out there and shine on!

Here are five action steps that will boost your confidence immediately: 1. Write down your favorite quote that inspires confidence. 2. Smile and look into their eyes when you greet people. This simple body language shift will make you feel more confident. 3 . Show appreciation when you receive a compliment instead of downplaying it. 4. Dress nicely and pay attention to your personal grooming. I work from home and I have to force myself to get out of my yoga pants and into my work clothes, but when I do, I feel more confident and ready to take on the day. 5. Help someone else. This makes you feel good about yourself and serves as a reminder for all that you should be grateful for.

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| | Q4 2021 | 21

INDEPENDENT AGENT

OREGON WILDFIRES BRING OUT THE BEST IN LOCAL INDEPENDENT INSURANCE AGENTS By: Will Jones

Independent Agent Editor-in-Chief

As the Bootleg Fire rages in Southern Oregon, many of the impacts from last year’s recordbreaking wildfire season are still being felt. 2020 brought one of the most destructive wildfire seasons ever in Oregon. The fires killed at least 11 people, burned more than 1 million acres and destroyed thousands of homes. When the devastating Almeda Fire swept through the Rogue Valley in southern Oregon, the small, nearby towns of Talent and Phoenix were largely destroyed by the intense windblown flames. Thousands of people lost everything. “Our home and rental units were burned to the ground—we were stunned,” recalls one local resident. “For 25 years, we had worked as house painters, living frugally, keeping our expenses down and investing most of our earnings in real estate.” “Overnight, the results of all our years of labor went up in smoke,” the resident says. “Thankfully, we had insurance, but we didn’t know anything about how the claims process worked.” The resident contacted his insurance agent, Lloyd Williamson, partner at Protectors Insurance in Medford, Oregon, who was already dealing with hundreds of claims. However, Williamson welcomed a relieved and grateful insured into his office and spent over an hour explaining the insurance situation in detail. While the claims process for the insured’s residence proved straightforward, the situation with the rental properties proved more complex. Amid a natural disaster, a global pandemic and 22 | Q4 2021 |

skyrocketing construction cost, “Lloyd Williamson was a lifesaver,” the insured said. “What had seemed a hopeless situation was transformed into a new beginning.” For more than 10 months—by phone, fax and e-mail— Williamson negotiated with the insurance company, ironing out complications and making sure that the insured received every dollar to which they were entitled. “One year later, our lifestyle has been restored and we are enjoying the regular income from our replaced rentals,” the insured said. “The traumatic Almeda Fire of 2020 seems a distant memory.” After recording over 100 total losses and with the pandemic still ongoing, “the Alameda Fire created a difficult situation for our agency, but we are tough in southern Oregon and we will come out of this stronger on the other side,” Williamson says. “The amount of support from our carriers, community and businesses has been nothing short of amazing,” Williamson says. “This has shown us how much our community cares for each other and how closely we are interconnected at a time where many prefer to focus on our differences.” “Joe Hubbard, managing partner at Protector Insurance, and I strongly believe that this is what our agency is all about: Protecting families and businesses from unexpected loss and providing them with the best possible protection with the best service,” he adds. “We have learned that when a catastrophe like the Alameda Fire happens, this is when you see the true worth of using a professional agent that stands behind the products they sell.”

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leeann@bigioregon.com | Q4 2021 | 23

Meet Shirley Zelenski Get to know your Big “I” Professional Liability program Swiss Re Underwriter Tell us a bit about yourself. I’m Shirley Zelenski, Senior Underwriter and Vice

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The basics of E&O haven’t changed in the decades since I’ve been here, but the program continues to get better and better. I work with a team of people I’ve known –

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Why should Big “I” members do business with Swiss Re?

started my insurance career as an underwriting trainee

I’ve seen our ownership change a couple of times but

Hills, CA. In 1999, I joined Employers Reinsurance

our Claims Department but I will brag on them too!

at Farmers Insurance in Simi Valley, CA. I then worked as a P&C underwriter at Fireman’s Fund in Woodland Corporation in Los Angeles.

After 9/11, I felt an overwhelming urge to move to

Chicago and reconnect with my family (an hour and a half away). I lived there for nine years and after

enduring the brutality of several winters, I couldn’t help but come back to California. I moved to San Rafael (near San Francisco) and absolutely love it. I’m a teleworker, a tennis player, book lover, and wicked cribbage player!

not our core values or commitment to education, risk management and customer service. I won’t speak for

The most inspiring thing I’ve witnessed in my career is the dedication of our state associations in servicing

independent agents. Each time I attend a convention, I

see association staff bending over backwards to provide the best possible experience for its members. The

volunteers who make up their executive boards remind me what I’m here to do every day.

Learn more about the Big “I” Professional Liability program by contacting your dedicated state program manager, Melissa Reed, at oregoneoteam@bigioregon.com or (703) 706-5409.

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Meet Melissa Reed Big I Oregon’s Director of Agency E&O Program Management Melissa Reed, Big I Oregon Director of Agency E&O Program Management, has over 20 years of insurance experience. For the past 10 years, she has focused specifically on Agents’ E&O programs. Melissa’s insurance background crosses all lines. She began her career with a direct writer and moved to an MGA where she expanded her knowledge in insurance accounting and branch office management for a large bank-owned, multi-line agency. Melissa joined the ranks of an IIABA state affiliate where she worked several years for the Big ‘I’ of Texas with the responsibility of leading the Agency E&O team in developing renewal retention strategies and seeking new business opportunities. On a personal note, Melissa and her husband have two sons which makes for a busy household! Melissa and her husband love watching their youngest son on the baseball field. Their oldest is an avid orchestra and piano player, and their smiles cannot get any bigger when he performs. Melissa and her family enjoy traveling to new places in their RV.

Melissa Reed

By nature, Melissa enjoys helping people and focusing on serving our Errors & Omissions, Employment Practices Liability, Commercial Umbrella and Data Breach/Cyber Liability accounts. Melissa has the knowledge and expertise to find your agency to find your agency a comprehensive policy for a competitive price; as well as the demeanor and people skills perfectly suited for her position. Melissa loves her work with Oregon agents. She is dedicated to giving each agency the same attention and the commitment to serve that you give to your clients.

Contact Melissa Reed: oregoneoteam@bigioregon.com (703) 706-5409

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E&O

POTENTIAL E&O CLAIM: SHOULD I REPORT IT TO MY E&O CARRIER? By: Brian Snyder J.D. Assistant Vice President, Claims Specialist, Swiss Re Corporate Solutions The decision whether an insurance agency reports a potential claim to its professional liability carrier brings with it a host of issues to consider. What effect does reporting a potential claim have on my agency’s loss history? How will it affect my agency’s premium? What difference can it make? After all, it is a potential claim. My customer has not hired an attorney or filed a lawsuit against my agency. Am I only creating trouble for my agency by reporting this potential claim? The best source to answer this question is the agency’s professional liability policy. The policy requires that an agency report potential claims to its carrier. But apart from that, there are additional, common sense reasons for doing so. The following example highlights those reasons. An agency’s most important and long-term customer owned an engineering business along with numerous commercial buildings. The agency handled all of the customer’s insurance needs obtaining, among other coverages, commercial property coverage.

A pipe burst in one of the commercial buildings resulting in over $200,000 in damage. Unfortunately, the building was vacant for several years, a fact not shared by the customer with the agency. As a result, the commercial property coverage placed by the agency contained limitations on coverage for vacant buildings. Even though the agency suspected the carrier would invoke the vacancy provisions of the policy, the agency thought it was best, nevertheless, to report the claim to the carrier. The agency’s suspicions were well-founded as the carrier denied coverage for the property claim because the building was vacant at the time of the loss and was vacant for several years. The customer was outraged by the lack of insurance coverage though it did not take issue with the carrier’s coverage position. Like many business owners, the customer believed that the significant premiums he paid each year entitled him to coverage in the event of a loss regardless of policy language. The agency was worried about losing its most important customer though it knew it did not breach any duty owed to the customer. After all, the customer never told the agency about the change in the building’s status: from occupied to vacant. And the agency also agreed with the carrier’s coverage position.

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Faced with an angry customer who was litigious by nature, and a significant uncovered loss, the agency decided to report a potential claim to its professional liability carrier, Westport Insurance Corporation. The Westport claim handler made his initial contact with the agency within 24 hours of the potential claim being received by Westport. After collecting the claim information, the Westport claim handler and the agency worked together as a team to develop a strategy focusing on both the customer and the carrier. The customer was assured that the agency would advocate on the customer’s behalf with the carrier in an effort to identify any avenue of recovery for the customer. At the same time, it was explained to the customer that the agency did nothing wrong in placing the property coverage that included vacancy provisions. The customer’s indulgence was sought so that the agency could have time to then discuss the situation with the carrier. A commitment was made to provide frequent updates to the customer. The focus then turned to the carrier. As there was no dispute with the carrier’s coverage position, the Westport claim handler and agency agreed on a two-part strategy that would leverage the agency’s long-term profitable relationship with the carrier, and the customer’s profitable account history. The agency appealed to the carrier using empirical data to prove that the carrier benefited throughout the years by doing business with the agency and the customer. As a result, the carrier agreed to make a business accommodation by paying the customer $100,000 on the uncovered claim. This decision was relayed to the customer. The agency believed that the carrier would contribute more. After further discussions with the Westport claim handler, the agency made an additional appeal to the carrier resulting in an agreement to pay an additional $100,000 bringing the total recovery to $200,000. The agency’s contact with the carrier said that he had never seen a payment of this kind on a loss that was clearly not covered by the policy. The Westport claim handler and the agency had many conversations about not only what to say to the customer and carrier, but how to say it. Of utmost importance were creating and keeping goodwill with the customer. While not every potential claim is resolved on such favorable terms, this example shows what can be achieved when a thought-out, collaborative approach is taken by an agency and Westport. 28 | Q4 2021 |

Without question, had this potential claim not been reported to Westport, the customer would have sued the agency and the carrier, and the agency would have lost it most important customer. The agency may also be concerned about whether the mere reporting of a potential E&O claim will have any adverse underwriting effect on their E&O. Each situation is unique and each carrier is different. Westport will review the facts and circumstances of the individual situation, but as a general rule the mere reporting of a claim does not automatically result in any underwriting action or increase in premium. Because your E&O professional liability policy is claims made, it is imperative that you report any potential claims immediately to your E&O carrier. In fact, Westport recommends that you report them as soon as practicable to ensure that the claim is reported during your policy period so coverage can be determined. In the situation described above, there generally would be no underwriting action taken or premium increase as a result of the potential claim. Not every potential claim will end up with a result like this one, but if you give yourself (and your E&O carrier) the opportunity to resolve things before they develop into something bigger, the probability of a positive outcome increases dramatically. And if you don’t, the possibility is completely gone. By taking steps to report potential claims to Westport early, you may avoid actual claims and maybe even litigation. This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/ or its subsidiaries and/or management and/or shareholders. Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas, a member of Swiss Re Corporate Solution. *Brian Snyder, JD, is Assistant Vice President and Claims Specialists with Swiss Re Corporate Solutions. Brian joined the company in 1995 and has worked in several claims departments during that time, and handled insurance agents and brokers professional liability claims since 2001. Prior to joining the company, Brian spent three years as a litigation attorney in Kansas City, Missouri.

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Independent agents make for happier, better-insured members. We know independent agents aren’t tied to any one company, and we rely on the objectivity and expertise that comes from that. It means when an agent recommends Mutual of Enumclaw to a member, it’s because we’re the best fit. And that makes our insurance even better. We show our support for our agent partners by providing dedicated underwriters, competitive compensation, marketing assistance, industry-recognized claims service, and more.

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