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Oregon Agent | Q1 2022

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OREGON AGENT Q1

CONNECT & EDUCATE SYMPOSIUM MARCH 10-11 INN AT SPANISH HEAD LINCOLN CITY, OR IN THIS ISSUE:

BIG I OREGON NEW BOARD MEMBERS & 2022 PREMIER PARTNERS


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CONTENTS CONNECT & EDUCATE SYMPOSIUM

Big I Oregon PO Box 68366 Portland, OR 97268 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

Join us on March 10-11 for our Connect & Educate Symposium at the Inn at Spanish Head in Lincoln City, OR. Learn more on page 6.

PRESIDENT’S MESSAGE......................................5 What Big I Means To Me THE DIRECTOR’S CORNER................................10-11 Stronger Together VIRTUAL UNIVERSITY............................................12-13 Workcation and Work Comp AGENCY OPERATIONS.........................................18-19 Engaging and Retaining Employees During the ‘Big Quit’ INDEPENDENT AGENT.......................................22 Top 6 Resume Red Flags E&O.....................................................................................27-28 Does the Left Hand Know What the Right Hand is Doing?

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

Rothert Insurance.......................................29 rothertinsurance.com

Berkshire Hathaway GUARD.....................27 guard.com

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

Griffin Underwriting Services..................2 goGus.com

Western National.........................................24 wnins.com

Imperial PFS.................................................13 ipfs.com Mutual of Enumclaw...................................31 mutualofenumclaw.com

For more information on advertising, contact Kaylyn Staudt 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 | Q1 2022 |


WHAT BIG I MEANS TO ME PRESIDENT’S MESSAGE

I’m thrilled to be your incoming President of Big I Oregon. This association means so much to me; to tell you why, let me share my story. Ever since my first By: Lyndsay Kooistra convention, Big I has Big I Oregon President had a special place in LaPorte Insurance my heart. I was first introduced to Big I in 2004 when I was hired as a Sales & Marketing Manager for Allied Insurance at the age of 24. I still wonder what they were thinking; at my first agency visit I didn’t even bring in a pen and paper. I’ve learned a lot since!

It was at my first Big I convention that I met Adam Harris and his wife Karen. We built a friendship from there. At one point in my career, he and I were having lunch and he said, “When you’re ready to become an agent, let me know – we’d love to have you.” Who would have thought that I’d reach out to him 11 years after our first meeting, when I was ready to come to the agency side and start my career as an agent? At my first Big I convention, my husband Marcus took the opportunity to propose to me. He was just out of graduate school, and a three-day getaway to Sunriver was the nicest place we were going to be in a long time, so he seized the opportunity. It is exciting to be going back to Sunriver this August 2022. I spent a lot of time at the Big I conventions as a carrier participant. I played golf, sponsored a hole, worked booths, asked for glutenfree food and reminded servers of all my allergies, gone to hear keynote speakers, shook hands, drank free drinks, heard comedians, saw magicians and gave away goodies to those that stopped by to say hi. My favorite part of Big I as a carrier person was all of the networking. I learned about the CNA

opening from an agency principal at the 2007 convention which took my career to new heights!

When I left the carrier side and became an agent, I was nominated to be part of a group of people that might be interested in starting back up Young Agents in Oregon. You know I was! The Young Agent Committee (YAC) built up an amazing community of aspiring agents. For two years I Chaired YA and was Past Chair for two as well. With the YAC we organized Brewery Tours, CE courses, Top Golf Events, Mini Putt Putt tournaments at Convention, and incorporated local nonprofits, especially Make-A-Wish Oregon, into our commitment to give back. This NextGen Committee (FKA YAC) has taken the group far beyond what I could have imagined. Being Chair of YA made it possible for me to be a Big I Board Member. I remember my first Board Meeting and over preparing to present on what the YAC had done since we started. I remember the faces of all the board members looking at me incredulously. Once I finally came up for air someone said to Jim, “Well, I think we just need to get out of their way.” Being able to serve on the Board has been a highlight of my insurance career and now as President, an honor. There is so much to look forward to in 2022. We have our Connect & Educate Symposium (FKA Mid-Winter) March 10th & 11th. I look forward to returning to Washington, DC to lobby on behalf of Big I and our industry. In August we head back to Sunriver, where it all began for me, to come together, play golf, learn, network and celebrate our community, our family. I look forward to seeing you all there. This January marks my 20th year in the insurance industry; I can’t wait to see what is in store the next 20, with all of you, and Big I Oregon. | Q1 2022 | 5


CONNECT & EDUCATE SYMPOSIUM

Register Today!

Hosted by our Premier Partners, this event is the perfect opportunity to earn 12 CE credits, including Swiss Re/Westport approved E&O. It's your chance to network, relax and learn! Our presenter, David Thompson, CPCU, AAI, API, CRIS brings energy and interaction to his vast insurance background that will interest you and leave you with information that you can use. We've added a group dinner on Thursday evening following a "cocktail hour", and an evening Bonfire After-Party.

Date : Location :

Reserve Your Room:

Call the Inn at Spanish Head (541-996-2161) and ask for the Big I Oregon rate. 6 | Q1 2022 |

March 10-11, 2022 Inn at Spanish Head, Lincoln City, OR

Registration Pricing:

Big I Oregon Member Pricing: $275/ Additional from the same agency $175/ Guests $99 NextGen Pricing: $149 Non-Member: $495


REAL QUESTIONS. REAL ANSWERS. YOUR INSURANCE TECHNICAL SOLUTION. Our experts explore and explain real issues and policy coverage questions in four areas: commercial lines, personal lines, life/health and agency management. Users can also access state specific information, dive into talent recruitment, get tips for starting an agency, coronavirus, and much more.

LIVE AND ON-DEMAND EDUCATION. YOUR AGENT TRAINING SOLUTION. The Big “I” Virtual University offers a wide range of live and on-demand education developed specifically for independent agents. No matter what your need, time or level of experience, the VU has it covered.

LIVE WEBINARS

EXCEED LEARNING

Learn from diversified topics, with CE available in some states

Amazing, clear content and smartly explained modules

BASICS & BEYOND BASIC An excellent source for newer agents who want to expand knowledge

TRIPLE PLAY DAYS Earn up to 6 continuing education credits in just a day

RISK & REALITY REPORTS Read, print, highlight, and share to understand complex issues

ON-DEMAND WEBINARS Drill down in twelve different subject matter areas

CAN’T FIND WHAT YOU’RE LOOKING FOR? ASK AN EXPERT AND GET AN ANSWER!

GET THE BIG I'S ONLY TECHNICAL COVERAGE PUBLICATION SUBSCRIBE TO INSURANCE ILLUSTRATED Delivered right to your inbox every Friday, Insurance Illustrated features multiple articles organized in specific categories to help you easily navigate to the content most important and relevant and stay on top of the latest news.

Find all this and more in the Big “I” Virtual University virtualuniversity@iiaba.net

If you can’t find an answer to your insurance query in the more than 18,000 pages of content in our extensive online library, just use our MEMBERS ONLY “Ask an Expert” service. Our faculty, comprised of more than 50 industry experts, will review your query and respond with a personalized answer.

W W W. I N D E P E N D E N TAG E N T. C O M / V U


2022 EXECUTIVE COMMITTEE

JENNIE WEILAND Vice President PayneWest Insurance Beaverton, OR 20 Years

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

8 | Q1 2022 |

LYNDSAY KOOISTRA President LaPorte Insurance Portland, OR 19 Years

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

RUSS SCHWEIKERT President-Elect Ashland Insurance, Inc. Ashland, OR 27 Years

TIM CUNDARI Finance Chair Cundari Insurance Portland, OR 26 Years

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

2022 EXECUTIVE COMMITTEE


2022 BOARD OF DIRECTORS

KRISTON CORRELL JUUL Insurance Agency North Bend, OR 23 Years

STEVE LACESA Oak Tree Insurance Lake Oswego, OR 37 Years

TJ SULLIVAN Legislative Chair BH Insurance Salem, OR 24 Years

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

MATT PIDCOCK Valley Insurance LaGrande, OR 17 Years

KAITY BLACKSHER NextGen Chair Atkinson Insurance Group Portalnd, OR 16 Years

DEBORAH MOHR Assured Partners Forest Grove, OR 25 Years

DALLAS ROSS Timmco Insurance Beaverton, OR 8 Years

PHOTO TO COME

JAMES SABIN WAFD Brookings, OR 16 Years

STEPHEN SMELLEY Goldfinch Consulting Beaverton, OR 34 Years

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

MARTY KANTOLA Chet Hill Insurance Ashland, OR 37 Years

BOB ROSSON Timmco Insurance Portland, OR 27 Years

2022 BOARD OF DIRECTORS

| Q1 2022 | 9


THE DIRECTOR’S CORNER

By: Tyra Dressel Executive Director of Big I Oregon

“We are stronger together than we are alone.” - Walter Payton

STRONGER TOGETHER

As I reflect on the many things we’ve accomplished this past year, one phrase continues to ring true, “Stronger Together.” It is the collective effort of everyone who touches this association. The hard work, commitment, positive attitude, flexibility, resourcefulness, and creativity of everyone affiliated with this organization make us shine, especially during challenging times. At our October Board Meeting, we were happy to report all the gains we have made as an organization. We indeed have been “turning lemons into lemonade,” which I said was Big I Oregon’s mantra in our previous magazine. It continues to be true. We have been making strides in every area and all during a tumultuous time. Our membership is up, new partnerships have formed, E&O remains robust, adaptive & competitive, virtual events have become even more engaging, and we have had in-person events again! The Ugly Sweater Holiday Party in December was the perfect way to start back face to face and “uglier than ever”! It was great to see everyone and reminded me just how much I love the interactive nature of our association. 10 | Q1 2022 |

One of the key elements to our success as an organization has been the incredible resources that we can utilize. Not only is it the contributions of our local partners, but we have help available to us all around the country. One of my goals is to make sure we are taking advantage of all the available tools. This has been an exciting part of my job as I realize how much stronger we are when we bring fresh ideas to our association. We have taken ideas that have proven successful in other associations and implemented them for our members. In return, other states have learned from us, making us all Stronger Together. Here is a quick recap of some of what we have been working on over recent months: • Premier Partners: 2021 proved to be a record year with our newly formed Premier Partner Program in 2020. Once again, we are breaking records with our 2022 partners committing to the “year of the independent agent.” Our agents and partners are ready to get back in person. Their desire to grow, innovate and thrive within the independent agency system is nothing short of inspiring.


Look to our partners when you are marketing for your clients and referring business. • Connecting: I regularly meet virtually with leaders from the same size states to discuss ways to collaborate. At one of these meetings, I learned about Grupio, the event app we are now using. It gives our attendees many ways to connect, share photos and keep up with event happenings. It was a total pleasure to spend time with our Immediate Past President, Mark Atkinson, to interview him for our e-newsletter. It reminded me of the amazingly talented people with extraordinary stories, who I have come to know in my 28 years with Big I Oregon! So much wisdom and talent. Thank you, Mark, for sharing with our members. We look forward to interviewing an agency member each month. • Education: In 2021 we said farewell to Rick Fletcher, our longtime Law & Ethics instructor. Tim Cundari, a current board member, has given back to the association through teaching a virtual ethics course that was engaging and informative.In addition, Agents & Brokers Education Network (ABEN) has so much to offer in terms of educational prowess. Our association is going full throttle to see what more we can provide to our members and non-members. Over the following weeks and months, we will tap into the vast educational courses in neighboring states and work to bring them to Big I Oregon. Watch for continued growth in our ABEN offerings! • Evolving: The Midwinter Education Symposium is now the Connect & Educate Symposium (CE Symposium). Since it has been years since we have held the event in the middle of winter, it was time for a change. The Connect & Educate Symposium has the same incredible venue, Inn at Spanish Head, 12 hours of top-notch education and newly added

social events so that attendees can fully engage. Back by popular demand, David Thompson, CPCU, AAI, API, CRIS, is sure to enlighten and entertain you. Join us March 10-11, 2022! • Pure Energy: NextGen is in constant motion and bringing great ideas to the table. From the virtual Gratitude & Giving event in October, raising money for Oregon Make-A-Wish, to the in-person Ugly Sweater Holiday gathering in December, NextGen has boundless ideas to bring to our community! Their focus is on education, sales training, networking, connecting with company partners, and state-wide community “give-back”! Check out their page in this magazine for a complete list of events and to see their inspiring committee members. These are the future leaders of our organization. If you have a NextGen colleague in your agency, have them reach out and get involved today! • Planning: And that we do! We have changed our convention location for 2022; InsurCon 2022 is at the beautiful Sunriver Resort, August 21-23, 2022! We connected with our Board of Directors to determine what is on the minds of our agency members to make this event even better than the last. We received insightful feedback and are working to make the magic happen! It’s hard to believe that 2019 was our last gathering. We are committed to making this year’s annual convention even more memorable than the last. Stay tuned for the event line up and it’s never too early to book your room! 541-996-2161 Make sure to say you are with Big I Oregon! There is work to be done, connections to be made, fun to be had and I am thrilled to be a part of it all. Yes, there have been challenges and unpredictability, but the good news is we have weathered the storm and become more efficient, resilient, and Stronger Together! | Q1 2022 | 11


VIRTUAL UNIVERSITY

“WORKCATION” AND WORK COMP By: Chris Boggs

One day COVID will be a memory; however, some of changes in work options may continue, maybe into perpetuity. One is the option to work from home – or anyplace the worker desires.

Even if the employer is located near a state line and has employees travelling across the border to get to work the Coming and Going Rule allowed the employer to ignore the employee’s state of residence for workers’ compensation purposes. Traditionally the coming and going rule holds that injuries suffered traveling to or home from work, or even while going to and returning from lunch, are not compensable.

Until COVID, the majority of “office” workers were required to regularly be present in a central office location. Whether the requirement was daily, three-days-a-week or even once a week, the employees’ presence in the office was required.

The logic behind the rule is that the employee is not furthering the employer’s interest or serving the business’ need while travelling to or home from work; the employee is serving his or her own needs (the need to have a job and earn a living).

COVID nixed this requirement for an extended period. Working from home, previously limited to just a few workers, became the normal operating procedure for millions of previously office-bound workers.

Because of the coming and going rule, even when a location-specific employee lives in another state, the state of residency is not required to be listed as a 3.A. state. The employees are assigned to the operational location.

This change in venue created unexpected workers’ compensation issues. The first was the need to consider the employee’s state of residence within the workers’ compensation coverage grant.

COVID-19 Complications

Executive Director Risk Management & Education, IIABA

Because work comp is state based, the policy responds only when a state is specifically listed as either a 3.A. (primary) state or granted protection as a 3.C. (secondary) state, which may or may not require a specific listing depending on the insurance carrier. Primary or 3.A. status is required when: • Gaps exist between the extraterritorial provisions of the home state and the reciprocity allowances of the state to which the employee travels to work temporarily; or • There are on-going (not temporary) operations in a state. Deciding which state or states require(s) listing as a 3.A. state is easy when the employees are based in a single location – such as an office building – until COVID-19 complicated the issue. Single Location Employees When employees work at a single location such as an office location, 3.A. assignment is easy. Regardless where the employees live, only the state in which the operation(s) is/are located must be considered when extending status as a 3.A. primary state. 12 | Q1 2022 |

COVID-19 may have complicated or even negated the idea of the coming and going rule. Historically employers could “ignore” an employee’s state of residence, but COVID-19 pushed employees out of the employer’s location and required them to set up operations in their home. Now the state of residence matters. When employees work from their homes located in another state, there is a strong argument that there are now operations in the employee’s state of residency. Whether the employee’s home state needs to be listed as a 3.A. state is a function of permanency and the extraterritoriality and reciprocity provisions of the two states in question (the employer’s operational state and the employee’s state of residency). If the employee likes working from home and the employer sees no drop in quality and quantity of work (maybe even an increase in both), working from home may become permanent. If these home-based “operations” become permanent, the employee’s state of residence should or must be included as a 3.A. state on the work comp policy. A Possible New Problem – “Workcation” As employees have become accustomed to the freedom of home-based work and as employers have simultaneously accepted home-based employees, a new workers’ compensation problem


has arisen – “Workcation.” Although the concepts of “work” and “vacation” seem mutually exclusive, the combined concept of “workcation” is now a “thing.” The employee may take the “work-from-home” opportunity on the road, so to speak, travelling to a vacation destination or to stay with family or friends in another state, all without interrupting their workflow. A New York-based employee may decide to go to Florida for a couple weeks. While there, the family “plays” while the employee works remotely. The employee still works the full day, they just aren’t at home. Does this “workcation” create problems with the workers’ compensation coverage? Is this a different problem than the employee who lives across the state line that is now working from home? The “Workcation” State Workers’ compensation, as stated earlier, is a state-based system. Agents must understand the concepts of extraterritoriality and reciprocity to prepare for the problems created by a statebased system. Every state applies its own rules to the issue of workers’ compensation, particularly in regard to workers who enter the state temporarily.

from which the employee is working will or can assert that it has jurisdiction over the worker. Neither can the worker state that the employer is the proximate cause of their being in the other state (“I would not have been here were it not for my employer sending me”). In the absence of employer direction and control, the state of “workcation” does not seem to require assignment as a 3.A. /primary state. If 3.C. is written broadly, even an “oops” is covered. Have Fun Employees who live and are now working in another state must be addressed by the workers’ compensation policy. However, an employee who travels for a short time to another state on their volition for a short-term “workcation” does not appear to require any change to the workers’ compensation policy. If the employee calls and asks, just tell them to have a good time and bring presents. Disclaimer: Because workers’ compensation is subject to 51 jurisdictional interpretations, this should not be relied upon as legal advice. Each situation differs based on the facts of the case.

Fortunately, the reality of extraterritoriality and reciprocity does not seem to apply in “workcation” scenarios. However, understanding extraterritoriality and reciprocity is still important. Does the state to which the employee travels for a “workcation” need to be listed as a 3.A. primary state for workers’ compensation coverage to apply? “Workcation?” No Problem: The No Problem, Problem Traditionally, the concepts of extraterritoriality and reciprocity involve direction and control. The question around whether workers’ comp follows the employee into another state arises because the employer directed the employee to enter another state to perform operations on behalf of the employer. The worker goes at the request of the employer. In a “workcation,” the employee is not directed to go to another state to work. The employer may or may not know where the employee is. Without direction and control, it seems unlikely the state

DARREN EVERSOLE | 503.957.5460 | darren.eversole@ipfs.com Copyright © 2021 IPFS Corporation. All rights reserved.

| Q1 2022 | 13


Big I Oregon

Events

Check Out Our Event List for 2022

March

1011 April

2729

Connect & Educate Symposium Earn 12 hours of CE during our Connect & Educate Symposium. Our featured speaker, Dave Thompson, will cover 8 hours of CE on March 10 and 4 hours of CE on March 11.

Inn at Spanish Head - Lincoln City, OR

National Legislative Conference Every spring, more than a thousand agents visit Capitol Hill offices to lobby members of the House, Senate and their staffs on issues that directly impact independent agents and customers.

Renaissance Downtown Hotel Washington D.C.

InsurCon2022 August

2123

This two and a half day event is "All In" Casino-themed event featuring headliners and workshops, 6 CE credit vouchers (a $144 value), an exhibitor showcase and cocktail lounge. Book early to receive the Big I Oregon room block, as this event is in peak season. Sunriver Resort - Sunriver, OR

See page 17 for the NextGen hosted event list. For detailed information:

bigioregon.com


| Q1 2022 | 15


Platinum

Gold

Silver

Bronze Acuity Insurance Chubb Mid Valley General Agency Mutual of Enumclaw Sublimity 16 | Q1 2022 |

Superior Underwriters Western National


NextGen OREGON

2022 Calendar of Events Connect & Educate Symposium/March 10th After Party Lincoln City, OR

Top Golf World Wide Wish Day/April 28th NextGen is Big I Oregon's dynamic group of insurance

Hillsboro, OR

Premier Partner Appreciation

professionals under 45 years of

June

age or have less than 5 years in

Putting Tournament/August 22nd

the industry.

Our focus is on

education, sales training,

Sunriver Resort, OR

Evening of Wishes

networking, connecting with

October

company partners and state

Holiday Party

wide community "give-back"!

December

Big I Oregon NextGen Leadership Committee:

Are you looking to get involved? Contact Tyra@bigioregon.com | Q1 2022 | 17


AGENCY OPERATIONS

ENGAGING AND RETAINING EMPLOYEES DURING THE ‘BIG QUIT’ By: Paige Mcallister

Vice President, HR compliance, Affinity HR Group Inc.

In August, 4.3 million people quit their jobs, according to the U.S. Bureau of Labor Statistics, leading to the phenomenon being dubbed “the big quit.” In addition to a tight labor market, increasing client demands and the changing business environment, employers are dealing with employees who are “bored out,” where workers are suffering from chronic boredom leading to feeling totally meaningless. However, making an effort to engage employees can help mitigate all of these challenges and result in a stronger, more efficient workplace. Gallup defines engaged employees as being “highly involved in and enthusiastic about their work and workplace.” Employees who are engaged help to improve and innovate the business and are not just watching the clock to collect a paycheck. Higher engagement also results in lower turnover, which is a crucial advantage in today’s tight labor market. As we all continue to deal with the coronavirus pandemic, working to engage employees should be a matter of the highest priority for business leaders. While engagement techniques previously used to involve lofty ideas, these days 18 | Q1 2022 |

smaller, more personalized techniques may prove best. Here are 10 ways to effectively engage with employees: 1) Acknowledge everything is different. Employers should freely acknowledge the changes many of their employees have faced and that most people are making lifestyle changes— whether needed or wanted—because of COVID19’s wide-ranging impacts. Regardless of the underlying reasons, employees are reevaluating their lives and priorities after these past 18 months and are making big decisions, such as looking for new jobs. Employers should also be honest about the changes to the business, whether it’s clients, products, services, protocols, finances or staffing, that have impacted employees. 2) Check in with your employees regularly. Before employees return to the office, find out what life looks like for them now and have an honest dialogue about their concerns. After they return, continue to check in to make sure things are going well and make adjustments as needed. 3) Review the possibility of remote or hybrid work arrangements. The vast majority of workers (98%) want to stay remote either


full-time or as part of a hybrid arrangement, according to a FlexJobs survey. Reasons include not having to commute (84%) and cost savings (75%) with 38% estimating they are saving at least $5,000 a year working remotely.

Video and phone conferencing can be an efficient way to schedule meetings, send invites and track attendance. Instant messaging or texting may be a new way of getting a quicker answer.

Employers who want employees in the office should explain the job-related necessity and, if at all possible, try to make some more flexible arrangements to retain these employees. If they cannot work remotely all, part, or any of the time, acknowledge that too and perhaps provide an off-setting benefit such as free lunches or flexible scheduling.

7) Respect personal time and needs. Be mindful when work demands extend beyond the employee’s day and try to restrict or discourage emails and voicemails outside work hours. Everyone needs time away from work whether to relax and recharge, attend a kid’s soccer match, or just go to the grocery store. It may be harder for employees who work from home to truly check out from work—and if they are nonexempt, they probably need to be paid for that time.

4) Address employee concerns, especially with health and safety. The FlexJobs survey also showed employees’ primary concerns surrounding the return to the office included exposure to COVID-19 (49%), lack of COVID-19 health and safety measures (32%) and being required to adhere to health and safety measures (21%). When you implement and enforce the guidelines set by experts and legal authorities, not only are you abiding by the legal regulations but you also are assuring hesitant employees of your commitment to safety, while also creating a zero-tolerance policy your resistant employees know they need not waste time in thwarting. 5) Establish and enforce job, performance and availability expectations. Whether an employee is in person, remote or hybrid, and regardless of their position in the company, you should hold them accountable for doing their job duties, communicating with co-workers and managers, and being available for clients and meetings. Focus on availability, not attendance. If needed, reevaluate the job duties to accommodate where they are working or what they want to do. That way, employees are less likely to feel bored and discontent. 6) Establish clear channels of communication throughout the company. Companies function best when everyone is communicating clearly, and this is even more important when some employees are remote. While walking to someone’s desk may have been the norm before, now there needs to be structure and planning.

Encourage all employees to unplug so they can focus when back at work. 8) Be flexible. COVID-19 is not going away any time soon. We will all have to continue to make adjustments. Employees will get sick or must care for people who are sick. Employees will have to quarantine or stay home with a child who is quarantining. Understand that employees must take care of their families first. The more flexible you can be, the more they will feel supported and ready to work when they can. 9) Allow employees to have some fun at work. While potlucks may be out of the question for a while, you can still give employees a chance to have fun at work. Hold a spirit day where people can wear their school or team colors. Sponsor a group to participate in a local charity event. Surprise employees with a half-day off when things are slow. Celebrate birthdays and special occasions with cupcakes and cookies. Find out what your employees value and work them into your plans. 10) Consider the big picture. While many employers may wonder how they will be able to add this to their long to-do list, it is important to balance the effort that engaging employees requires with the possibility of those employees leaving the company. Often it is easier to accommodate a current employee’s temporary needs than recruit, hire and train a new employee, which is even more difficult in today’s labor market.

| Q1 2022 | 19


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Insurance Agents Errors and Omissions Coverage That’s Right For Your Business Why Big “I” Professional Liability and Swiss Re Corporate Solutions Prompt, local service: Superior customer service from the IIAW, who serves as your agent with underwriting authority offering prompt turn-around of quotes and policy delivery. More premium discounts: Qualifying agents can save over 50% in premium discounts including the loss control, claims free, agency operations improvement review, efficiency and carrier concentration credits. Deductible savings: Loss only deductible available along with deductible reduction feature offering up to 100% savings of deductible (up to $25,000) per claim with proper documentation Claims handling: Prompt and thorough claims handling by an experienced staff made up primarily of licensed attorneys that stand ready to support policyholders with any potential incident and claim. Agency risk management tools: Policyholders have access to a dedicated E&O Risk Management team at IIAW and online tools for agency risk mitigation. Exclusive: A Big “I” member exclusive policy form and premium credits filed on a Risk Purchasing Group basis giving Big “I” members tailored coverage. Member oversight: A Professional Liability Committee including IIABA member agents oversees an directly influences the program. Our program was designed by agents for agents.

Swiss Re Corporate Solutions Policy Form Highlights Big “I” Professional Liability program and Swiss Re Corporate Solutions pride ourselves on offering the strongest coverage form in the marketplace that continues to evolve to meet the changing needs of the agents. Review the preferred policy form and you will find that these are just a few of the coverage benefits: • Rate A+ by A.M. Best • Claims-made coverage with full prior acts available • Limits of liability up to $25 million • Broad definition of covered professional services and activities • Comprehensive definition of insured • Aggregate deductibles available • Defense cost outside the limit • $25,000 1st Party Personal Data Breach • $1,000,000 3rd Party Personal Data Breach sublimit available • 60/40 consent to settle clause • Crisis Management coverage; up to $20,000 per policy period for fees, costs and expenses incurred within 6 months of a crisis event • Deductible reduction up to $25,000 per claim with proper documentation, no limitation to the number of claims • Catastrophe Expense $25,000 per incident, $50,000 per policy period • Regulatory defense $100,000 per policy period in addition to the limit of liability • Several options to earn premium discounts up to 30%

If you have any questions, please contact LeeAnn Smelley, leeann@bigioregon.com.

The information provided is for general informational purposes only and you should review the policy form and any applicable endorsements for complete policy language. Please note that all applications are subject to review, underwriting and approval by Westport Insurance Corporation, a member of Swiss Re Corporate Solutions.

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COMMERCIAL LINES

MAJOR COVERAGE ENHANCEMENTS COMING TO THE ISO BUSINESSOWNERS PROGRAM By: Sara Strohm and Gregory Palumbo Verisk Analytics

After taking a sharp hit at the start of the pandemic, small business formation has rebounded, giving insurers an opportunity to target new customers. The ISO Businessowners program was developed to help insurers support just such small-to-medium-sized enterprises. As part of the most significant update to the ISO Businessowners program since its inception, we’re introducing nearly 60 new, optional endorsements, revisions to dozens more, and updates to the base form. These updates will provide added flexibility during underwriting and help insurers address some of the new and emerging risk exposures that confront today’s businesses. A strong base Among the several changes we’re making to the base businessowners coverage form is a tenfold increase in the coverage radius for the insured’s business personal property (now 1,000 feet). This could also be particularly appealing to restaurant risks that expanded outdoor seating into parking lots and sidewalks during the pandemic—an expansion that may endure after the public health crisis abates.

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To allow for more flexibility, we’re providing the ability to increase the $10,000 limit applicable to the Personal Property Off Premises Coverage Extension. In response to the ever-increasing threat of ransomware, and to reinforce that coverage for those attacks is more appropriately provided under dedicated cyber coverage, such as the ISO Information Security Protection Endorsement (BP 15 07) or a standalone cyber policy, we’re specifically excluding ransomware under the Electronic Data and Interruption of Computer Operations Additional Coverages. Additional enhancements have been made that generally track with updates to other ISO Insurance Policy Programs including our general liability, commercial property, and crime programs. Endorsements aplenty To help insurers tailor their coverages to fit the unique exposures or needs of their insureds, we’re introducing 57 new, optional endorsements. Here’s just a few of the highlights: Unmanned Aircraft: Drone usage for commercial purposes is expected to soar over the next several years. We’re introducing an endorsement to provide limited property coverage (including


business interruption coverage) for drones on either a scheduled or blanket basis. Coverage will apply on or off the insured’s premises. The coverage provided via this endorsement will not apply to certain exposures including drone delivery, drone racing, drone rentals, or mechanical breakdowns. An additional endorsement is available to extend drone property coverage worldwide (with some exceptions). Companion rules and advisory prospective loss costs will also be introduced. Cannabis: To help insurers fine-tune their approach to the growing cannabis market, the ISO Businessowners program will offer several new property and liability coverage endorsements as well as several exclusions. A cannabis property coverage endorsement will address cannabis stock and include business income and extra expense coverage. For cannabis liability exposures, we’re adding options that generally allow insurers to place a sub-limit on either cannabis activity as a whole or hemp specifically. Other endorsements will provide the flexibility to limit coverage for cannabis exposures that fall under the definition of products/completed operations. Abuse or molestation: There can be several types of abuse, including sexual abuse, elder abuse, and other types of physical and/or psychological abuse. Civil actions seeking recovery of damages for sexual abuse against institutions, organizations, and private or public firms could have an increasing impact on liability insurers. To provide insurers with additional underwriting tools, we’re introducing new exclusions and coverage options to address liability risk exposures from actual, alleged, or threatened abuse or molestation. Auto service risks: By adding the auto service risks endorsement to the ISO Businessowners policy, insurers will be able to address property exposures (including employees’ tools, loss or damage to customer’s property and loss or damage

to lessor’s property) and liability associated with various, newly eligible, auto services classifications. Additionally, we’ll offer rules and advisory loss costs to address the unique exposures in this industry class. Additional insureds: Ten new endorsements will let insurers extend coverage to additional insureds beyond the primary policyholder. These endorsements will encompass several business risks, including vendors, executors, and contractors, among others. More support for international risks: The supply-chain bottlenecks of recent months have served as a salutary reminder of how many businesses rely on international trade. For insureds with international property exposures, we’re adding four new, optional endorsements that generally provide limited property, business income, and extra expense coverage under the businessowners program—including for property in transit between an international and domestic destination. Emerging issues: Several new endorsements will provide greater underwriting flexibility when addressing emerging exposures related to electronic cigarettes (both manufacturing and health hazards), genetically modified organisms, and sport or athletic events (both sponsored and nonsponsored). Coming soon We currently plan to file the new base form and endorsements in the first quarter of 2022 with an 18-month lead time. To learn more about all the upcoming coverage enhancements for the ISO Businessowners program, please email Sara. Strohm@Verisk.com.

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E&O

DOES THE LEFT HAND KNOW WHAT THE RIGHT HAND IS DOING? By: Annette Hollingsworth Vice President, Swiss Re Corporate Solutions As technology allows the ability to service large groups of clients more efficiently, many agencies are increasingly expanding their reach beyond the confines of one metropolitan area. In order to better service their customer base, agencies may open additional locations or may acquire existing entities to expand their business. The management of multiple locations creates new challenges and those challenges if not handled correctly may lead to increased opportunities for error. Controlled growth whether organic or through acquisition can increase efficiencies and reduce cost. However, it is important to manage that growth. Be sure that the “right hand knows what the left hand is doing”. Consistent culture, compliance and communication throughout the agency at all locations, is essential to prevent confusion and potential claims which may otherwise arise from acquisitions and dispersed locations. Make sure all staff understands your agency culture. Owners, producers, agents, CSR’s and all staff must understand the focus of the business. If the agency’s stated focus is on personal lines, then the agency should not deviate into complex specialized lines. If the agency focus is on certain niches of business, the agency should train their agents and supporting staff on how to service those markets. Often claims begin when the agency attempts to sell insurance products with which it is unfamiliar. Understand your focus. If you are acquiring agencies, acquire those that fit your vision. Then share your vision with all staff at every agency location on a regular basis. Help your team see what the agency is trying to accomplish and how each

person can contribute by staying focused on the goals of the entire organization. When the workload is heavy and clients demand your attention at your primary agency location, it can be difficult to give your attention to the other office locations. But in order to keep those other locations in line with your vision, you must provide them with the attention they need. You should try to visit your other agency locations frequently, at least once a month. Visit each site for a long enough time that the each site does not put on a front for you but actually reveals to you its true method of operation. By allowing each office to become comfortable with your visits, you can build trust and familiarity. The agents and staff at each location must feel close enough to the primary agency to be able to ask questions, share problems and seek feedback. Establish uniform office procedures and a standard system of compliance. Each province has regulations to protect their own citizens. If you locate a branch office or even a teleworker, in another state, you must research licensing and other business regulations impacting your insurance operation. Failure to comply with regulatory requirements could lead to regulatory investigation, disciplinary action, or even the possible revocation of your license. If adjustments are needed to be made as a result of the regulations do not begin operating your business until you comply with the law. For example, an agency had a CSR move to another state and began working remotely as a clerical assistant to their Personal Lines Manager. This employee’s job description did not entail discussing or recommending coverage with clients, and the agency believed that her job description was in line with the requirements of the state department of insurance. | Q1 2022 | 25


However the department viewed it differently and fined the agency $7,000 for the employee not having the proper license and viewed the tasks performed by this employee as “effectuating the sale of coverage”. As soon as the agency was notified of the infraction, they made changes to her job description and directed her to acquire the proper license. They then established a Director of Compliance and Compliance Committee to monitor the activities on an ongoing basis. Standard operating procedures will enhance the efficiency and management of multiple agency locations. Staff can transfer among agencies, without extensive readjustment. The essential procedures should not vary. Each agency should have similar procedures regarding date-identification of communication with clients and carriers. Additionally, documentation of coverage offered and rejected, and maintenance of expiration lists should be standardized. This excerpt from a letter we received from the attorney retained to defend an insured, reveals the difficulties in offering a defense when procedures are not followed. The litigation arose from damage sustained by a commercial enterprise where the carrier argued that the agency had not provided the necessary information for the carrier to quote coverage, despite several requests. Counsel stated the agency “has no documentation that it sent the proper information and the agent who worked on the account left the agency several years ago on unfavorable terms. The agent’s CSR says the agent was not detail oriented, was not good about providing information, and often made mistakes.” Defense counsel opined that it was highly likely the judge will rule that the agency failed to provide the necessary information. The agency itself had a strong culture of compliance but suffered from one agent who had not followed the standard office procedures established and who, thus, created a significant problem for the agency. In addition to implementing uniform procedures around the process of file documentation,the agency should also implement uniform procedures for diary and suspense systems. There should be a centralized agency management system and computers in each location should be compatible with one another. In fact, it is likely that computer systems will become a backbone for your organization as offices are spread out geographically. Additionally, it is essential that you ensure adequate security of personal information acquired from your insureds, and that you provide proper privacy training to all employees. The use of encryption and other measures to protect personal data when transmitted is important. If employees use smart phones, verify the phones are password protected. 26 | Q1 2022 |

As part of the establishment of standardized procedures, make sure the staff in each location knows the method to report an errors and omissions situation. Establish and discuss the procedure with all agents and employees. Do so regularly to prevent hesitation in reporting at the time of occurrence. Don’t let problems linger. Delays could create coverage issues with your professional liability carrier. Communication is a key to successfully running multiple locations. Free and open communication with all staff is very important when you have multiple locations. Neither the culture nor the compliance can happen if you neglect to focus on communication. Have weekly staff meetings by phone or webinar. Have your office personnel get together at least once or twice a year to enhance communication between people on all levels. Communicate your vision to all managers in all locations and they in turn must commit to clearly communicating your vision to others in the off-site agencies. Regular audits and evaluations of the manager and the office are critical to making sure your vision is being carried out according to your expectations. While striving for positive energy in your organization, do not avoid discussing problem situations. Consider learning opportunities which may present themselves from potential claims situations. Educate your employees about the situations which have created problems in one office so other office sites can avoid the same mistake. Growth is positive when controlled but be sure that the “right hand knows what the left hand is doing”. Consistent culture, compliance and communication throughout the agency at all locations, can be essential to preventing confusion and potential claims which may otherwise arise from acquisitions and dispersed locations. Annette Hollingsworth has spent over 30 years in the insurance industry. While with ERC /GE Insurance Solutions/Swiss Re, Annette Hollingsworth has served in a variety of capacities ranging from claims to underwriting, legal to regulatory services and global compliance. Annette now serves in the Products unit where she supports the Insurance Agents Professional Liability underwriters in both the US and Canada. She attended Washburn University undergraduate and KU Law School. She has her JD., CPCU, CLU, and ARC designations. 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.


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| Q1 2022 | 27


INDEPENDENT AGENT

TOP 6 RESUME RED FLAGS By: Katie Thornsberry Marketing Coordinator at IdealTraits, a Big “I” Hires Partner

When it’s time to hire a new employee, many factors go into the process. One of the most important components is figuring out what type of employee you want. Do they need to have a bachelor’s degree? Do they need prior experience? What qualities do they need to possess? Once you form a general idea of your ideal employee and convey the information in a job ad, all the hard work is done, right? Wrong. When you start sifting through the resumes the job ad received, it can be overwhelming diving into all of the information and deciding who you should move forward with. Everyone looks perfect on paper. How do you look deeper for signs that a candidate may not work out? Here are six resume red flags to be on the alert for:

Listening to the candidate’s reason for leaving these positions is the most important thing. Do they badmouth their boss? Do they have even more jobs than what they listed? Do they have a problem with constructive criticism?

Either way, a quick phone screen will put your mind at ease on whether to continue with this individual. 2) Gaps between employment. It’s also important to look at the amount of time between each position on their resume. Make sure their experience is relevant to the position they are applying to today. If the last time they worked in the field was 10 years ago, they may need some extra help to get to where they need to be. However, asking them during a phone screen how they have kept up in the industry will give you an idea of how much assistance they would need.

1) Job-hopping. If someone has a lot of job positions listed on their resume, you might think, “Wow, they have a lot of experience!” But you need to take a deeper look.

3) Typos and spelling errors. A resume is the first project you will receive as an employer from the candidate. It’s their first impression, they’ve had time to edit and review, and they’ve most likely sent their resume out to several other employers with ample opportunity to review and make adjustments.

Job hopping does not have the same bad rap it once had. There could be several reasons for someone to bounce from job to job over a short amount of time: lay-offs, company closures, COVID-19, and so on.

If the candidate’s resume has grammar or spelling errors, typos, serious organization issues, or is outdated, this is probably an indication of how the candidate will perform in the office.

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4) Career regression or lack of progress. If someone has kept the same type of position over the years, or even took a step down to a lesser position, they may not have the drive to grow or may have some obstacle holding them back from progressing in their career. 5) Non-work-related filler. If someone is filling up their resume page with their headshot, personal quotes or personal events that have nothing to do with work experience or development, it may just be a distraction from a deficiency in relevant experience. It could also mean they have something in their resume they are trying to draw attention away from. 6) One-size-fits-all resume. As an employer, you want to be assured the candidate took the time to read the job description, responsibilities and requirements. They can show you this by customizing their resume or providing a cover letter that uses key words and phrases from the job ad.

A one-size-fits-all resume could mean the candidate just applied anywhere and everywhere and won’t remember who you are when you call. All that being said, just because someone has a red flag or two doesn’t mean you should just automatically throw their resume away. Give them a call and ask some tough questions to dive deeper. There are many factors in life that can cause career path hiccups. Additionally, it’s important to add more steps to your hiring process. Ask a few managers or experienced staff at your office to get involved in the hiring process and offer their opinion. Conduct a phone screen before you bring a candidate in for an in-person interview. Utilize assessments to understand the candidates’ personality traits and work ethic. Making the wrong hire can be costly and a waste of time. Utilizing thoughtful steps in your hiring process can ensure you find the right fit for your business.

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