GREEN MOUNTAIN AGENT VERMONT INSURANCE AGENTS ASSOCIATION | JANUARY 2019
Vermont Insurance Agents Association is a statewide trade association representing nearly 100 independent insurance agencies in Vermont, with more than 900 employees. VIAA member independent insurance agents represent more than one insurance company, and as a result, can offer clients a wider choice of auto, home, business, life and employee benefits.
Seasons May Change, But Our Commitment to the Independent Agent Channel Remains the Same...
V
ermont Mutual is proud to have served Vermont and the New England market through the longstanding partnership with our Independent Agents. It remains our privilege to work with the finest Independent Agencies in the industry … the only place you can buy a Vermont Mutual policy.
89 State Street, P.O. Box 188, Montpelier, VT 05601 | 800.451.5000 | VermontMutual.com 02
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Vermont Mutual is proud to sponsor the Vermont Insurance Agents Association’s new Education Center in Williston, Vermont.
Green Mountain Agent is a publication of
CONTENT JANUARY 2019
04 600 Blair Park Road Suite 100 Williston, VT 05495 Phone: 802-229-5884 Fax: 802-876-7912 www.viaa.org VIAA Officers President Paul Plunkett, CIC Vice President Alan Kinney Secretary/Treasurer Dan Rodliff National Director Ron Bixby
Directors
Letter from the President
07 On the Hill
08 Feature: Knowledge
14 Feature: Knowledge
18 E & O Corner
25 Company & Agency News
Chip Ams Michael Barrett Erin Odell, CIC
Staff Executive Director Mary Eversole mary@viaa.org
GMA Publication Design LONDONmiddlebury londonmiddlebury.com
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LETTER FROM THE PRESIDENT JANUARY 2019
Welcome to the New Year! The Vermont Legislature convenes in a matter of days. There are a number of hefty issues before the legislature—water quality funding, ACT 250 reform, workforce development, school consolidation, access to childcare and marijuana legalization. In our industry we will be watching closely the re-introduction of “Strict Liability/Medical Monitoring”. Last year, we successfully lobbied against this bill, which Governor Scott vetoed. This legislation, if passed, would have dramatic consequences for Vermont’s insurance market. It would make insurance significantly more expensive and less available in Vermont. Further it important to remember that no other state has enacted such a far-reaching statute. Last month our principal members received information about this imminent legislation. We call upon all our members to educate your legislators about the negative impact of the legislation on Vermont’s businesses and the insurance market by independent insurance agents. VIAA will be providing further information about this bill throughout the session and provide guidance on how to contact your legislators.
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Paul E. Plunkett, CIC VIAA President
“Do you want know who you are? Don’t ask. Act! Action will delineate and define you.” -Thomas Jefferson
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Get to Know AmTrust. Visit d19.amtrustinsurance.com or call 877.215.7577 AmTrust is AmTrust Financial Services, Inc., located at 59 Maiden Lane, New York, NYNY 10038. Coverages areare provided by by its its property and AmTrust is AmTrust Financial Services, Inc., located at 59 Maiden Lane, New York, 10038. Coverages provided property and casualty insurance company affiliates. Consult thethe applicable policy forfor specific terms, conditions, limits and exclusions to coverage. casualty insurance company affiliates. Consult applicable policy specific terms, conditions, limits and exclusions to coverage.
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FSC “XV,” Stable Outlook FSC “XV,” Stable Outlook
ON THE HILL: NFIP EXTENSION IN LIMBO By Jennifer Webb NFIP policies with regarding company-specific procedures. Big “I” members may log in to view a one-page document that outlines resources available in the event of a lapse.
The U.S. Senate passed legislation to extend the NFIP through Friday, Feb. 8. Expiration of the program is currently tied to a larger appropriations measure that will fund portions of the federal government also through Feb. 8. However, at press time, the U.S. House of Representatives has yet to vote on the measure, and President Trump has signaled that he is unwilling to sign the Senate-passed bill. It is unclear if the broader government funding bill that includes the NFIP extension will be signed into law before midnight on Friday, when government funding for about a quarter of the federal government is set to run out and the NFIP is set to expire. During this debate, the Big “I” has led advocacy efforts to urge no lapse for the NFIP, which included organizing a letter from 27 organizations representing insurance, housing, banking, and consumers urging Congress to take immediate action to reauthorize the program.
Since expiring in September 2017, the NFIP has seen nine stop-gap extensions and three brief lapses while Congress considered broader program reforms. With Congress about to recess for the year, any legislative measures on flood insurance introduced or considered but not passed in the last two years will be void. New legislation must be introduced next year. The Big “I” expects that several flood insurance measures that were introduced in 2017 and 2018 will be reintroduced in 2019 for further consideration by the new Congress. Meanwhile, the Big “I” will continue to advocate for Congress to support a long-term reauthorization of a modernized program that would increase take-up rates for flood insurance in both the NFIP and the private market. Jennifer Webb is Big “I” federal government affairs counsel.
If the legislation fails to garner final approval at the last minute, it is unclear what will happen. Should the program lapse, the Big “I” encourages agents and brokers to be in touch with any insurance companies they write W W W.V I A A .O R G
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SQUIRREL NEST CAUSES FIRE: IS THE LOSS COVERED? By Big “I” Virtual University Faculty
KNOWLEDGE
Under 2.b. and c. above, any ensuing loss to property described in Coverages A and B not excluded or excepted in this Policy is covered. The only damage “caused by” the squirrel would be any damage it did while building the nest. The cause of loss was fire; the form even says that any ensuing loss is covered. The adjuster needs to read the policy.
An insured has a dwelling fire policy written on special form. As the weather gets colder, the furnace activates, igniting a nest built by a squirrel that has taken up residence in the crawlspace where the furnace is located. Fortunately, the tenant is on the premises at the time of the fire, which is extinguished with minimal damage. Q: The adjuster suggests that the Coverage A and B exclusions for rodents, insects, birds and vermin may apply. In my opinion, the damage to the property was caused by the fire, not by the nest created by the rodent. Thoughts?
Response 3: The adjuster is nuts. First of all, a squirrel, although rodent-like, is not a rodent, insect, bird or vermin. But even if it was, this is still a fire loss. I am consistently shocked that insurers fail to train their adjusters. Response 4: I agree with you. Cleaning out the nest is excluded, but any damage from the fire should be covered. Response 5: If it’s the ISO form, this is a fire loss and no anti-concurrent language would apply.
Response 1: The specific form was not attached, so my response is based on the current ISO DP-3, which reads:
Response 6: That would be torturing the vermin exclusion. The damage was caused by a hostile fire.
PERILS INSURED AGAINST
Response 7: The peril is fire. Are you in a Standard Fire state?
A. Coverage A - Dwelling And Coverage B Other Structures 1. We insure against direct physical loss to property described in Coverages A and B. 2. We do not insure, however, for loss: c. Caused by: (8) Any of the following: (g) Birds, rodents, insects or domestic animals; or (h) Nesting or infestation, or discharge or release of waste products or secretions, by any animals.
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Response 2: Every policy I’ve seen gives back coverage for an ensuing loss that’s not otherwise excluded. The fire should be a covered ensuing loss.
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Response 8: The direct damage was caused by fire, not the rodent. Pay the claim. Response 9: If the H0 03 10 00 is in effect, Exclusion (g) on p. 9 excludes damaged caused by birds, rodents or insects. Squirrels are rodents, so damage caused directly by the rodent would be excluded. In this case, however, the damage was caused by an insured peril under the fire definition. The Earth Movement section (#2) on p. 11 even covers fire or explosion losses from excluded rodents. The same applies to #3 on Water Damage. The fire damage should be covered.
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WINTER STORM
Winter storms create a higher risk of car accidents, hypothermia, frostbite, carbon monoxide poisoning, and heart attacks from overexertion.
FEMA V-1014/June 2018
Winter storms and blizzards can bring extreme cold, freezing rain, snow, ice, and high winds.
Greater risk
Can last a few hours or several days
Can knock out heat, power, and communication services
IF YOU ARE UNDER A WINTER STORM WARNING, FIND SHELTER RIGHT AWAY Stay off roads.
Stay indoors and dress warmly.
Prepare for power outages.
Use generators outside only.
Listen for emergency information and alerts.
Look for signs of hypothermia and frostbite.
Check on neighbors.
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WHEN IS THE ALTERNATE EMPLOYER ENDORSEMENT APPROPRIATE? By Chris Boggs
KNOWLEDGE
A carrier notices more and more requests for the Alternate Employer endorsement on workers compensation policies. It appears that general contractors are attempting to use it like an Additional Insured endorsement.
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Q: We have a current request to add a project owner as an alternate employer. Should we consider allowing it? A: You’re right—general contractors and property owners are requesting the Alternate Employer endorsement more and more in place of the unavailable Additional Insured endorsement. It is not being requested due to any “borrowed servant” exposure. I understand your reticence in attaching the endorsement, but you’re potentially better off if you allow it—especially if you also write the commercial general liability on the subcontractor. Consider it from the perspective of a thirdparty-over claim. An employee of the subcontractor sustains an injury on the jobsite and is covered by their direct employer’s workers comp policy under sole remedy. But because sole remedy applies only to the employer, the injured worker sues the general contractor for something like failure to maintain a safe and healthy work environment. However, because the general contractor contractually transferred
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the risk of this loss to the subcontractor, the subcontractor’s CGL is required to respond because of the coverage granted in the definition of “insured contract.” So not only has your insured’s workers comp policy paid, so, too, has the CGL in defense of the general contractor, as required by the contract. If the carrier provides both the GL and the workers comp, you pay twice. However, if the Alternate Employer endorsement is attached to the workers comp policy, the upper-tier general contractor becomes an insured on the lower tier’s workers comp policy and is also, theoretically, granted sole remedy protection. The injured party gets paid once under workers comp, and because the general contractor is a listed employer, the employer shouldn’t recover any more. The only person hurt is the plaintiff’s attorney, which doesn’t hurt anyone’s feelings. I don’t believe this issue has really been tested in court, but until it is, more and more upper-tier contractors are going to ask for this protection. I agree that the upper tier is not the employer, but you wouldn’t have to pay twice under workers comp for the same claim. Maybe it will avoid the third-party-over. Chris Boggs is executive director of the Big “I” Virtual University (VU).
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The Certified Insurance Service Representative (CISR) designation program is a nationally recognized education program directed at a very particular job description in the agency—the customer service representative. CISR COURSES MAY BE TAKEN FOR CE CREDITS FOR THOSE NOT SEEKING THE DESIGNATION.
CISR Elite status now offers an even higher distinction for those eager to gain greater skills and knowledge of insurance service and sales.
The CIC Program is for agency and company personnel -- owners, producers, agents, account managers, brokers, underwriters, and marketing or claims personnel. Participants should be licensed agents, brokers, adjusters, or solicitors; or have at least two years of full-time experience in the insurance industry or as a risk management professional; or have served for at least two years as a full-time insurance faculty member at an accredited college or university. CIC COURSES MAY BE TAKEN FOR CE CREDITS FOR THOSE NOT SEEKING THE DESIGNATION. ATTENDANCE REQUIRED FOR ALL DAYS TO RECEIVE CREDIT FOR INDIVIDUAL CLASSES.
James K. Ruble Graduate Seminars are designed specifically for CIC Designees and feature a variety of topics along with real-life applications in a seminar that is designed to satisfy the CIC annual update requirement. YOU MUST BE A CIC OR CRM AND A DUES-PAYING MEMBER OF THE SOCIETY TO ATTEND A RUBLE SEMINAR.
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Helen Collins hcollins@viaa.org
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E
O &
ER N R O C
NEW YEAR’S RESOLUTIONS Submitted by James C. Keidel, Esq. Keidel, Weldon & Cunningham, LLP
All of the partners, associates and staff at Keidel, Weldon & Cunningham, LLP wish all members of the VIAA and insureds with VIAS, Inc., a very happy, healthy and prosperous new year. We would also like to thank each and every one of you for all of your support of our law firm. We look forward to continuing to work with you in 2019 and for many years to come. Each New Year, people reflect on what occurred during the prior year and they make resolutions concerning changes which are intended to improve their lives. It has been a few years since we have done so, but in the past we have suggested that insurance agencies and brokerages should do the same at the beginning of a new year. While each agency and brokerage knows the specific areas in which it may need to resolve to make changes, below are our suggested resolutions that agencies and brokerages may want to consider in the new year in order to provide better customer service, increase business and also help prevent E&O claims and lawsuits: 1. Resolve not to write business that is beyond your knowledge or experience. 2. Resolve to follow the state law and insurance company procedures when issuing certificates of insurance. 3. Resolve to provide timely notice to all appropriate insurers of any incident, claim, or lawsuit that is reported to the agency or brokerage by a customer. 4. Resolve to respond to customer questions or inquiries promptly and accurately and provide the best customer service possible. 5. Resolve to get signed applications from all customers even if a signed application is not required by the insurer.
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6. Resolve to seriously consider your need to continue business relationships with customers who are chronically difficult. 7. Resolve to do business with insurers that have a strong financial rating, and keep current on any changes in those ratings. 8. Resolve to place business with insurers that have a history of paying claims and that do not have a reputation for taking unreasonable coverage positions. 9. Resolve to be prudent when it comes to the E&O coverage for your agency or brokerage. Insure with an E&O insurer that has a strong financial rating and reputation and make certain that your limits are high enough. 10. Resolve to be committed to E&O loss control. Provide education to employees and adopt procedures concerning the best practices to follow to help prevent potential E&O claims and lawsuits. 11. Resolve to have all employees consistently document and confirm all communications with insureds and insurers. 12. Resolve to report in a timely manner to your professional liability insurer, any potential claim or lawsuit against your agency or brokerage. 13. Resolve to make certain that the required procedures are followed when placing coverage in the excess and surplus lines market. 14. Resolve that your agency or brokerage will have a prosperous and E&O free New Year!
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Looking to Take Your Personal
Lines Experience to the Next Level?
We Want You! South Burlington, VT NFP, a leading insurance broker and consultant that provides employee benefits, property & casualty (P&C), retirement, and individual insurance and wealth management solutions is currently seeking an experienced Personal Lines Producer to advance his or her career as a Commercial Lines Producer in its South Burlington office. This position is responsible for generating new sales for all Commercial Lines policies and requires the ability to work closely with clients, customer service representatives, producers, management, and insurance carriers. The work environment is professional and very supportive. The ideal candidate should have excellent interpersonal skills, {2+} years of experience, and ability to adapt to emerging technology. They will be supported with commercial lines training and mentoring for prospect/planning, sales calls, proposals and education. A property and casualty license is required. NFP offers a highly competitive compensation and benefits package.
Please send your resume to: Dan Rodliff Vice President, NFP P&C PO Box 2243 South Burlington, VT 05407 Or Email: dan.rodliff @nfp.com
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Leasing: A Seamless Customer Experience
But don’t take it from us. Listen to your peers. Agents Express Leasing is an effective solution to manage your clients needs with today’s best equipment technology. Jay Byrnes of Byrnes Agency experienced how easy our leasing solution is for his agency: “As a longtime member of the “Big I”, I always knew of InsurBanc and their commitment to the independent insurance agent. Recently we wanted to update the agency with a new computer network and desktops, so I turned to InsurBanc for leasing options. From start to finish I experienced firsthand how seamless it was to conduct business with them. We have a 35 person agency so to update everyone’s computers was a decent size upgrade. InsurBanc made the process very easy and offered attractive terms and competitive rates which helped to manage the agency’s cash flow”. – Jay Byrnes ~ Byrnes Agency How it works: • Lease terms are 24, 36, 48 or 60 months with a minimum transaction of $5,000 • You are looking for 100% equipment financing, including certain soft costs such as software, shipping, installation and maintenance* • No down payments or advance payments are required • Monthly payments can be customized to meet your special business needs • You are looking for potential tax benefits associated with equipment financing**
We invite you to see for yourself. Contact us today for help preserving your cash flow with an equipment lease solution. These materials are for informational purposes only. The availability of any financing described herein is subject to approval of applicant’s credit, the equipment supplier and the equipment. *Soft costs are limited to 20% of the total amount financed. **Nothing herein constitutes tax advice and customers are advised to consult with their own tax advisors prior to electing specific rates or options. Agents’ Express leasing is a program of De Lage Landen Financial Services, Inc., a third party not affiliated with InsurBanc, a Division of Connecticut Community Bank, N.A.
22 Member FDIC
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Please visit our web site at www.insurbanc.com or contact one of our leasing professionals at 800.957.0858.
THE MEETING SPACE YOU’VE BEEN LOOKING FOR
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Access the members-only Big “I” Virtual University, at
Rea l Qu esti o n s , Rea l A nswers
independentagent.com. 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 dive into talent recruitment, tips for starting an agency and much more.
Yo u r Insu ra nce Technic a l So l u ti o n
Can’t find what you’re looking for? Ask an expert and get an answer! If you can’t find an answer to your insurance query in the more than 17,000 pages of content in our extensive online library, just use our “Ask an Expert” service. A member of our faculty comprised of more than 50 industry experts will respond to you with a personalized answer.
Live and On-Demand Education The Big “I” Virtual University offers a wide range of live and on-demand education taught by leading insurance industry experts from across the country developed specifically for independent agents. All VU webinars include access to the live event and a link to the post-event on-demand recording, and our 90-minute deep dive sessions also include a transcript, a valuable and value-added reference tool.
New Agent Training Solution Pick and choose from 8 modules or follow the BASICS or BEYOND tracks.
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The learning curve for a new insurance professional is steep, but the Big “I” Virtual University is with you every step of the way. Our experts have developed on-demand, online education to help agents with one or two years of experience get ahead. *Presented through Agents & Brokers Education Network (ABEN) platform with a variety of attendance options to work for any schedule. (May vary by state)
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Find all of this and more at
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COMPANY & AGENCY NEWS
KEVIN FERRERI JOINS CONCORD GROUP INSURANCE AS VICE PRESIDENT - MARKETING & SALES
Concord, NH – The Concord Group Insurance Companies announced Kevin Ferreri has joined the company in the role of Vice President of Marketing & Sales. Mr. Ferreri has twenty-nine years of experience in the insurance industry working with Independent Agents throughout the country. He has held leadership roles within Financial/Market Analysis, Business Analysis, Underwriting, Involuntary Market Management, Regional Agency Sales & Operations Management and Business Development. He grew up in western New York, graduated from Boston College with a BS in Accounting/Finance, and earned his MBA in Finance from Clarkson University. Daniel McCabe, Senior Vice President & Chief Operating Officer, welcomed Kevin, stating, “His extensive financial, operational and leadership background with a Fortune 20 Company will be a strong addition to our executive team. Kevin will greatly assist us in our commitment to the Independent Agent network and in our recent affiliation with Auto-Owners Insurance.” Concord General Mutual, an A (Excellent) A.M. Best rated carrier, began in 1928, and operates in the New England area, including Maine, Massachusetts, New Hampshire and Vermont. Concord Group has been recognized as a leading insurance provider through the Independent Agency System in these states.
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Everything you insure is on your shoulders
Who do you trust to have your back? VIAS offers the most prestigious Errors & Omissions carrier(s) in the country: Westport Insurance Company & Utica National Insurance Group
For a quote or for more information contact Helen Collins at hcollins@viaa.org or 1-844-609-1481
www.iiaba.net/eohappens
VIAS is a subsidiary of Vermont Insurance Agents Association viaa.org W W W.V I A A .O R G
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