HIN 2021-2022 1st Edition

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January Legislative Luncheon January 20, 2022 Annual Charity Chili Cook-Off January 22, 2022 YIP’s Salute to Exhibitors Social February 22, 2022 Houston Insurance Day Februrary 23, 2022 30th Annual Charity “Crawfish” Benefit March 26, 2022

Member’s Webinar January 13, 2022 Look for more updates at: www.iiah.org 5

Committees are what breaths life into our association. With 9 active committees there are at least 100 people actively serving the association with their unique skills. We are always looking to put your skills to use to further drive the association’s mission forward. No matter what your skills are, or what you are passionate about, we likely have something of interest to you. The end result is to better the industry we all serve. Join a Committee today and become part of the mission.

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Committees of 2021-2022

December 13 | 2021 Happy Holidays 2021!

On behalf of Renee and Ayla, we want to wish you Merry Christmas and Happy New Year from IIAH. As we come to the close of 2021, we have a lot to be thankful for. I know, there are many things about 2021 that we would like to forget. But as I always say, it could be lots worse!

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Titanium Elite Sponsors

Platinum Partners for Excellence

Gold Patron Sponsors

Affiliate Members

David Wuthrich Renee Stager Ayla Benavides Sandra Greer

7700 San Felipe, Suite 310 Houston, Texas 77063 P: 832. 769.4666 F: 832.324.3503 www.iiah.org

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Serving our Community

Learn More | First Responders Foundation

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National Partners

https:// www.nationalpartners.com

CONTACT | Brian Soder

Phone: 609.970.1558 Email: bsoder@nationalpartners.com

CONTACT | Jan Rehfuss

Phone: 720.930.4201 Email: jrehfuss@nationalpartners.com

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Networking + Lunch

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CPCU WEBINARS

CPCU 2022 | JANUARY- MARCH January

Tuesday January 18, 2022 @ 11:30 AM

February

Tuesday January 18, 2022 @ 11:30 AM

March

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UHD Insurance and Risk Management Major Awarded the Securance/Daniels Memorial Scholarship Securance Corporation, an independent insurance agency that focuses on delivering client specific solutions in property & casualty insurance, employee benefits, bonds and personal insurance, was founded in 1970. Mr. L.D. Daniels joined the founders in 1972 as a partner and helped shape the agency from those early years into a highly respected organization.

Mr. Daniels graduated from the University of Houston’s business school in 1962. Mr. Daniels was dedicated to his family, Securance and the employees and worked until only a few days before passing in November 2020.

Securance is proud of recently celebrating its 50th anniversary and hopes to perpetuate Mr. Daniel’s heritage with the advancement of young insurance

professionals by offering a $1,000 scholarship to a UHD Insurance and Risk Management major.

students to attend industry events to build their network in the Houston insurance community.

We are proud to announce Susana Gonzalez, a junior in the BBA in Insurance and Risk Management program, is the recipient of the 2021 Securance/ Daniels Memorial Scholarship.

Ms. Gonzalez has an earnest desire to complete her degree in December 2022. In the meantime, she aspires to become an underwriter and eventually hold a management position within an insurance company/agency.

She has taken a leadership role in the IRM program by holding the position of President of the UHD Gamma Iota Sigma fraternity and is continuously encouraging

The fully online BBA in Insurance and Risk Management program prepares students to become leaders in the insurance/ risk management arenas. The program offers multiple benefits to the students, i.e. a plethora of scholarship opportunities, high job rate percentage, industry designation opportunities, mentorship program, etc. You can register for an online information session and find additional information related to the IRM program by using this link - IRM Program.

CONTACT | Priscilla Oehlert E: P: 770-286-4222

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We have a wonderful year ahead!

I hope everyone had a wonderful Thanksgiving and Christmas.

Our association has been working hard for you. We have had some awesome activities: a trip to the Nutcracker Market for some shopping time, Axe Throwing to develop our Risk Management skills, and the Holiday party at Kirby Ice House with over 200 people, filled with holiday cheer, door prizes and libations. All of these events gave us a chance to spend time with people who know what a special industry we are in. There is so much more to come.

Jim Drew

We have a wonderful year ahead starting with our Legislative Lunch, a Chili Cookoff for the whole family at Powder Keg, and Houston Insurance Day with all the fixings.

What is most important to your association is being here for you, as 2022 unfolds. All that you have come to expect, and more, is here for you at your association.

Let us know how we can help make 2022 the best year you have ever had.

Thank you for your support and your membership Jim Drew ARM, CIC,CRM

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A night of fun, networking and throwing axes

Our Young Insurance Professionals hosted a night full of fun, networking and throwing axes on November 18, 2021, at Houston Axe Throwing. This event is always a great one, we had over 50 people in attendance as everyone got to channel their inner lumberjack. Thank you to everyone who

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came out to support our effortsto bring industry professionals together, we’re so happy to be back out and about. Thank you to our two range sponsors Philadelphia Insurance Company and State Auto Insurance Companies.

Keep a lookout for upcoming YIP Events in 2022. See you there.

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IMPERIAL PFS BURNS & WILCOX, LTD. CRC GROUP

LIGHTHOUSE PROPERTY INSURANCE CORPORATION RT SPECIALTY TEXAS MUTUAL INSURANCE COMPANY UFG INSURANCE WSG SPECIALTY UNDERWRITERS

CHUBB CNA INSURANCE COMPANIES DELTA GENERAL AGENCY SKYWARD SPECIALTY INSURANCE WRIGHT FLOOD

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IMPERIAL PFS

GREAT AMERICAN INS. CO.PROPIMDIVD ICW GROUP INSURANCE COMPANY TEXAS MUTUAL INSURANCE COMPANY

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Many TWIA policyholders impacted by Hurricane Nicholas live in areas where, if certain conditions are met, a TWIA eligibility requirement to obtain flood insurance is triggered. This is mandated by law in the Texas Insurance Code Chapter 2210 and TWIA’s Plan of Operation.

2.Flood insurance is Compliance. available for the prop- Windstorm Certifierty from the NFIP. cates of Compliance (WPI-8/WPI-8-E) 3.The structure is Although repairs will constructed, altered, not trigger the flood remodeled, or eninsurance requirelarged after Septemment, many repairs ber 1, 2009. will still need a CerThis does not include tificate of Compliance repairs. for the property to remain eligible for TWIA Here are some exam- coverage. These cerples of the third con- tificates show that the dition, above: structure meets the Repairs do NOT trigDo NOT trigger the windstorm building ger this requireflood insurance code requirements for ment. Please review requirement the area. The TWIA the summary below •Re-roofing or website provides more to learn about what re-siding a house* information, includdoes.

•Interior changes to ing examples of what plumbing or fixtures does and doesn’t need TWIA Flood Insurance •Replacing windows to be certified.

Requirement with the same size as The flood insurance were there before As a reminder, the requirement is trigDo trigger the flood Texas Department gered when ALL of the insurance requireof Insurance (TDI) following conditions ment can provide a free are met: •Changing the pitch of windstorm inspec1.Any part of the the roof* tion during the reproperty is located •Building an addipair process. This is in a V, VE, or V1-V30 tion; adding attached handled through their flood zone, as defined porches, patios, or Windstorm Inspecby the National Flood carports* tion Program, which Insurance Program •Enclosing a garage* issues all Certificates (NFIP).

•Installing larger of Compliance. Any You can look up flood windows than were interested property zones by property there before* owners are encouraddress on the FEMA *Will require a wind- aged to contact TDI as website. storm Certificate of soon as possible.

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For More Information If you or your clients have any questions or concerns about TWIA flood insurance requirements, more information is available at www.twia. org/twia-flood-requirements. Another helpful resource for the TWIA claims process is www.twia.org/ claimscenter, which includes deadlines, dispute options, and guides about repairs, fraud, estimates, and more.

The TWIA Agent Services team is also available to help!

Contact them at agentservices@twia. org or (800) 7888247.

Amwins Signs Definitive Agreement to Acquire Worldwide Facilities

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The offices of Craig & Leicht are growing!

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It’s The Law LYFT MEETS STATUTORY REQUIREMENTS FOR INDEPENDENT CONTRACTOR STATUS – SUMMARY JUDGMENT GRANTED December 24, 2021

of Lyft. This appeal followed.

Home Depot, alleging that Home Depot

Last week, the Dallas Court of Appeals

In its opinion, The Dallas Court of Appeals

breached its duty to provide him with

reviewed

summary

provides an excellent review of TNC

the proper assistance, equipment, and

judgment in favor of Lyft, Inc. and

statute, legislative intent, compliance

training to safely perform “flat stacking.”

concluded that Lyft was not responsible

requirements,

Home

for a passenger’s injuries sustained

and

court

judgment, arguing that it owed no duty to

while riding in a car driven by a Lyft

concluded that Lyft complied with the

provide additional assistance to Molina.

driver, as a matter of law. In Freyer v.

TNC’s statutory requirements and thus

The district court granted summary

Lyft, Inc. 0221 WL 5879188 (Tex.App. –

triggered the independent contractor

judgment to Home Depot on all three

Dallas December 13, 2021), Molly Freyer

provision as a matter of law. The opinion

claims, and Molina appealed.

used Lyft’s smartphone app to secure

also provides a good analysis of the

a ride from DFW Airport. During transit,

negligence-based claims asserted in the

The Fifth Circuit Court of Appeals

the driver became ill, lost consciousness

TNC context but ultimately concluded

began its analysis by summarizing

and Freyer then attempted to get out

that “regardless of whether the statute

the relevant law: “[E]mployers are not

of the slow-moving vehicle. Her body

abrogates

negligence

insurers of their employees’ safety—they

got pinned between the back door and

claims, Freyer, under the facts of this

have no duty to warn employees about

a concrete barrier and her foot was

case, failed to raise genuine issues

hazards that are commonly known or

dragged along the concrete barrier for

of material fact defeating summary

already appreciated. Nor do employers

over 150 feet before the car stopped.

judgment.” Accordingly, the trial court’s

have a duty to provide equipment or

Freyer sustained permanent foot, ankle

summary judgment was affirmed.

assistance that is unnecessary to the

a

trial

court’s

related

related case

common

law.

law

implications, The

and leg injuries and part of her right foot and big toe were amputated.

Depot

moved

for

summary

job’s safe performance. In other words, Recently, the United States Court of

an employee’s injury at work alone is not

Appeals, Fifth Circuit, concluded that

enough to prevail on a negligence claim.

Freyer filed suit against the driver and

there was a genuine issue of material

Specifically, an employer is not liable if

Lyft, alleging a variety of negligence-

fact as to whether Home Depot had

the employee is injured doing the work

based claims (e.g. hiring, supervision,

a duty to provide a back brace to its

typical for his position, unless that work

training). Freyer settled with the driver

employee. Therefore, the court vacated

is especially perilous.”

and Lyft filed a traditional and no

and remanded the district court’s grant

Next, the Fifth Circuit concluded that

evidence motion for summary judgment

of summary judgment on the employee’s

there was no factual dispute as to

seeking summary judgment as a matter

claim of negligent failure to provide proper

whether Home Depot had a duty to train

of law in part because the driver suffered

equipment.

In Molina v Home Depot,

Molina on “flat stacking.” To that end, the

an unforeseeable incapacity and, the

No. 21-20128, 2021 WL 5830819 (5th

Fifth Circuit reasoned that the alleged

Transportation

Companies

Cir., Dec. 9, 2021), Molina was working

danger was “commonly

(TNC) statute mandates that drivers are

in the Home Depot lumber department

is, Home Depot customers often moved

independent contractors. In response,

when he was injured while “flat stacking”

lumber, indicating that the potential

Freyer argued that Lyft failed to comply

pieces of timber (rearranging building

cause of injury was not disguised. Further,

with the TNC statute as needed to

materials disheveled by customers).

employees routinely performed “flat

qualify the driver as an independent

As Molina lifted a piece of timber and

stacking.” Lastly, Molina acknowledged

contractor. And fact issues precluded

attempted to move it to its designated

that he completed computer training on

summary judgment on the negligence-

shelf, he experienced pain in his lower

how to lift properly, and he also admitted

based claims. The trial court disagreed

back, causing him to drop to the ground.

that he did not need additional training to

and granted summary judgment in favor

Molina subsequently filed suit against

“flat stack” safely.

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Network

known.” That

Our Young Insurance Professionals partnered up with IICF to volunteer with Be An Angel organizartion on December 17, 2021 at T.H. Rodgers School. Each volunteer brought over 41 dozen cookies to hand out to the kids and a huge thank you to HUB International for sponoring the juice boxes! It was a great day full of fun and giving back to our community. Please contact us if you’re interested in volunteering for this event in 2022.

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Carolyn Joice Irene (Lehmann) Tennison 1937-2021

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Agent’s questions about Errors and Omissions, and how E&O losses can be prevented

By Mary LaPorte, AINS, CPCU, CIC, LIC, CPIA Agent’s

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Wes Weatherred

Q: A: Q: A: Q: A:

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Q: A: Q: A:

Q: A: Q: A:

Q:

Q:

A:

A:

Q: A: Q: A: Q: A:

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Q: A: Q: A:

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