HIN 2020-2021 4th Edition

2020-2021 4th Edition

1

JACKIE SEKIGUCHI Community Affairs Manager | Texas Mutual Insurance Company

In y o u r CO M M U N IT Y. O n y o u r TE A M. Jackie Sekiguchi is on your team — building stronger communities where you and your clients do business. By managing Texas Mutual’s expansive network of philanthropic efforts, Jackie is helping build a more capable workforce for the future, providing disaster relief, enhancing educational opportunities and feeding hungry families. That means stronger, safer businesses for Texas — and better clients for you. Jackie is just one of the many Texas Mutual professionals we’re proud to have working behind the scenes for our agent partners.

To learn more, go to texasmutual.com/yourteam.

© 2021 Texas Mutual Insurance Company | Texas Mutual Insurance Company is rated ‘A’ by A.M. Best Company.

2

S TAY S A F E , T E X A S

Recreation Committee Spotlight What do we do? » » » »

Organize, promote and host activities for our membership Encourage fun, fellowship and networking Attain annual budget and participation goals Seek sponsorship and support from the Industry

Welcome

The Recreation Committee’s main purpose is to host awesome recreational events for you to partake in and enjoy! This committee is the embodiment of FUN! Each year we organize, host, and promote fun events giving our current and prospective members opportunities to fellowship and network.

MEETING DETAILS

Our events include, the Spring Golf Classic, Charitable Sporting Clays Tournament and Fishin’ With a Mission. These events are not only fun, but they are also charitable and allow us to give back to the community. What are you waiting for, get recreational with us! We are always welcoming new members and new perspectives. Make plans to join us aour next meeting. See you soon!

WHEN: Monthly @ 9:00 AM WHERE: Virtual Zoom Meetings EMAIL: ccole@texasmutual.com

3

Table of Contents 03 Committee Spotlight

Features 07

Executive Director’s Message

05 Events & Education 11 Legislative Update 12-13 In Memoriam 14-15 Affiliate Spotlight 16-17 CPCU Update 18 President’s Message 19 Member Spotlight 21 Cannibus Poll

22-33

35 UHD

40-45

46-47 Coverage Spotlight

Spring Golf Classic Have you Heard?

36-37 It’s the Law

48 E & O 52 Who has the Last Word

Special Items 53 Business Card Ads 53 Advertise Index

4

s

Upcoming events YIPs F.L.A.S.H July 8, 2021 Charity Bowl July 10, 2021 July Industry Luncheon July 22, 2021 Charitable Sporting Clay’s Invitational August 6, 2021 September Industry Luncheon September 23, 2021

Education Member’s Webinar July 15, 2021

Look for more updates at: www.iiah.org 5

Committees of 2020-2021

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.

Charitable Projects/ Fire Prevention Chairman: Sarah Beck Vice Chairman: Tasha Stolte Education, I.T., CE Chairman: Katrina Masek Vice Chairman: Michelle Dennis Houston Insurance Day Chairman: Ashley Newton Vice Chairman: Carmela Cancino Legislative Chairman: Kyle Dean IMPACT Chairman: Mickie Comiskey Vice Chairman: Lea Brimberry Membership Chairman: Liz Brock Recreation Chairman: Amber Stevenson Vice Chairman: Carisa Cole Young Insurnace Professionals Chairman: Derek Pierce Vice Chairman: Grant Pierce PR/Media Matters Chairman: Scott West Social Media Chairman: Daphne Clark Vice Chariman: Liz Brock Houston Insurance News Chairman: Amy Weimer Vice Chairman: Daphne Clark

6

Dear Friends, As we enter the “dog days” of summer it is exciting to see so much participation in the IIAH Summer events: July luncheon, YIPS FLASH, Charity Bowling and Sporting Clays!

It is great that a bigger and bigger percentage of our population are getting immunized and are feeling more and more comfortable about gathering together again!

I know that is has been a long and difficult year and a half for a lot of people.

I am glad that IIAH has been able to be there to offer you some “normal” events and feelings during this time. Each and every event brings out more and more of our friends and family that we have not seen in way too long!

We are planning right

now for our 2021-2022 year and we hope that this will be the year that we are back to “normal”, whatever that looks like.

I would encourage you to participate in as many activities as possible. Just know that there are a lot of people who missed seeing you in person and will be very glad to see you in person again. As I write this I am at INSURCON, the state convention in Round Rock. I can tell you that there is quite a bit of positive vibe and energy about the rest of this year and 2022! Both agents and affiliates are raring to go and so are your friends

June 24 | 2021 at IIAH, Ayla, Renee and myself!

Please stop by and say hi if you are in the area! I think that is what I have missed most during the past year and that is seeing all your smiling faces in person!!

Hope to see you at one of our summer events soon!

Please let us know if there is anything we can do to help make the adjustment back to in person easier for you.

David Wuthrich IIAH Executive Director

7

TOGETHER WE’RE BETTER

EXCESS WORKERS COMP

GENERAL LIABILITY PROFESSIONAL

LIABILITY

EXCESS & SURPLUS LINES

COMMERCIAL AUTO

CONTRACTORS

INLAND MARINE MANAGEMENT

LIABILITY

ACTIVE SHOOTER OCCUPATIONAL

ACCIDENT

Together we bring more to the table -

greater access, greater expertise equals greater opportunity.

A Safety National® Company

800.800.4007 | midlandsmgt.com

marketing@midman.com

8

Executive Committee Chris Goff,CIC, LUTCF President Jim Drew,ARM, CIC, CRM President Elect Jason Nybakken Vice President Adam Harris Treasurer David Wuthrich Executive Director Stuart Ray Immediate Past President

Board of Directors Holly Bozant Tom Fitzpatrick Elizabeth Kirby Jason Knecht Tony May Ryan Moorehead Wes Weatherred Darrell Wolfe

Our Staff Executive Director David Wuthrich Sr. Managing Director Renee Stager Managing Director Ayla Benavides Communications Sandra Greer

New Members New Agency Members Insurance with Purpose

New Affiliate Members Growth Coaching Systems

Annual Sponsors Titanium Elite Sponsors Imperial PFS Burns & Wilcox, Ltd. CRC Group

Platinum Partners for Excellence Lighthouse Property Insurance Corporation RT Specialty Texas Mutual Insurance Company UFG Insurance WSG Specialty Underwriters

Gold Patron Sponsors

AFS/IBEX A Division of MetaBank Chubb CNA Insurance Companies Delta General Agency Skyward Specialty Insurance WRIGHT Flood

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

9

The Company OnStage

Serving our Community

This year IIAH decided to dedicate all charitable efforts to three benefactors, Brookwood Community, Camp Hope, and Company Onstage. This edition features The Company Onstage.

The Company Onstage serves the community by offering professional quality performances of contemporary and classic theater for children and adults in an intimate setting at affordable prices. COS provides the opportunity for everyone in the community to participate in theater by attending performances, taking classes, or volunteering for all phases of production. COS is a non-profit 501(c)(3); it operates as a community theater with a season of ten

productions for children and adults each year.

Since its founding in 1978, COS has had the following organizational purposes and goals: • To provide the community with quality theatrical productions at an affordable price.

• To encourage participation in theater by the community.

• To increase awareness and appreciation of the theatrical arts.

• To provide citizens of all ages and backgrounds with an opportunity to develop theatrical talents by participation in acting and other technical aspects of theater.

Learn More | The Company Onstage

our charitable benefactor

10

Your IMPACT dollars – where do they go? Well, they help our State PAC to look out for us. See below for a very important bill that passed, although amended but 2 key pieces were retained.

The Texas Legislature regularly tweaks insurance rules, policies, and protocols. Some of these changes benefit independent insurance agencies; some threaten them. IIAT’s mission is to defeat bad bills and pass good bills into law.

HB 19 by Leach – Priority bill which would help curb the “nuclear verdicts” we are seeing in commercial auto claims in Texas. The final bill was not as comprehensive as the original bill, but the two key pieces of the bill were retained, however in different ways. First was the paid vs. incurred provision which was to reign in the outrageous charges that are often a “white herring” of what is actually paid by the claimant. This will be covered as a separate item under SB 207. Secondly, under this legislation, a trial will be bifurcated, or split, into two phases.

In phase 1, the facts of the incident are

determined, and fault is established.

One important provision is that in phase 1, the driving record and hiring practices can be used to determine negligent entrustment of the vehicle by the insured. It will be imperative that agents advise their clients to adhere to strict hiring practices to avoid poor practices be used against them in court.

If an insured is found to be liable, then the second phase of the trial begins. In this phase, the determination of award is ascertained. All sorts of additional information may be entered into the second phase, including prior claims history, safety records, and a multitude of other information.

To read more about what bills passed and how they affect YOU, the insurance professional, go here: Legislative Issues | IIAT

Legislative Update

IIAT Government Affairs

11

In Memoriam Russell Mark Taylor, 80, was called home to be with His Lord and Savior, Jesus Christ, on Tuesday, May 11, 2021. By his side at home were his loving wife and daughter.

Russell was born in Bloomington, Illinois, on June 4, 1940, to Hugh Wilmette Taylor and Margie Constance Bullock. He was a devoted husband, father, grandfather, and cat rescuer.

He is survived by his loving wife of 56+ years, Gloria Lessner Taylor, daughter Jill Autumn Costa, adoring cats, granddaughter Erin Taylor Tonsi and her husband Dillon Tanner Tonsi, and his extended family brother Daniel Adrian and wife Priscilla Magness Taylor and sister Patricia Ann Taylor along with numerous nieces and nephews.

Following high school, Russell went to work in the banking industry. After a few years, he made a career change and entered the insurance field, spanning the next 60+ years.

He served as an underwriter, an educator, an insurance agent, and a consultant during his distinguished career, authoring countless publications on numerous insurance-related topics. His experience and outstanding reputation are the results of decades in the insurance and risk management profession.

He worked for The Hartford, Houstoun, Stevenson & Cummings, Jardine-Emmett & Chandler, and ANCO - The Anderson Company before leaving to open his risk management and insurance consultancy, Risk Management Tactix, in 1991.

12

Russell served as President and a director of the Independent Insurance Agents of Houston and as a director for the Independent Insurance Agents of Texas. In addition, he was a member and chairman of various state and local association committees, was a member and served as a Chairman of the Insurance Placement Board of Houston, and was a member, officer, and director of the American Association of Insurance Management, and the Professional Risk Managers’ International Association.

Russell Mark Taylor June 4, 1940 - May 11, 2021

He received countless awards such as the Independent Insurance Agents of Texas Outstanding Chairman Award and Awas awarded the Outstanding Service Award for his professional contributions to the insurance industry and service to the association.

Russell’s passion and energy for our Lord and Savior, Jesus Christ, was, above all, the compelling force in his life. The second was his love for his family, and the third was his zeal and enthusiasm for insurance. He never met a stranger; friends and professional colleagues far and wide were a significant part of who he was here on earth. He was always there with a kind smile, words of wisdom and encouragement, a biblical reference, or any needed help. Russell was an intelligent, ever-patient, passionate, and generous man that radiated God’s light in all that he did. Those who knew him respected and loved him deeply.

Those that genuinely knew Russell also knew that his life was not an easy one. Yet, he overcame numerous childhood adversities and adult afflictions which only brought him closer to God and led to his dedication, ministry, and service as a church elder for the Lord. In his own words, he said, “I have indeed had a fulfilling life and a rewarding career in insurance. What a great life it’s been!”

Russell will be deeply missed by his family, friends, and colleagues. He leaves a legacy of beautiful memories to be cherished always. A celebration of life honoring Russell was held on Saturday, June 5th, 2021 at 1:00pm. a reception following the celebration.

In lieu of customary remembrances, the family requests, with gratitude, that memorial contributions be directed in Russell’s name to one of his favorite Christian organizations, Harbor Christian Academy.

Donations can be made directly through the HCA website; please indicate that your gift is in honor of Russell M. Taylor.

HCA | www.harborchristianacademy.org.

In Memoriam Jennifer Lee Zuber, 37 of Chagrin Falls, OH and formerly Houston, TX passed away unexpectedly on April 29, 2021.

Proud 2002 graduate of Chagrin Falls High School and 2008 graduate of Miami University of Ohio, and member of Kappa Alpha Theta Sorority and Park Synagogue.

•Jenn was a wanderlust dreamer who passionately lived life to the fullest and viewed it as both a gift and a journey. One of her favorite quotes was, “She wasn’t where she had been, she wasn’t where she was going, but she was on her way.”

•Jenn was deeply spiritual and fully embraced life’s journey, no matter how tough it was.

Proud of her Jewish heritage, Jenn found great solace and peace in her faith.

•A fiercely loyal and loving friend, Jenn always put herself out to help others.

•Jenn never missed a chance to make others laugh and share her contagious positive attitude to encourage others and lift them up.

•A well-known fashionista of make-up and stylish clothes, Jenn was a diehard fan of shopping, or “retail therapy”, scary movies, haunted houses, and outings with friends and family.

•A talented actress and singer, Jenn was an active supporter of the performing arts.

Jenn will always be remembered for her big personality, and carefree and welcoming spirit. She was the beloved daughter of Alan Zuber and Cindy (nee Holzheimer) and Bruce Matejcik; dear sister of Jason

“FOR IF WE LIVE, WE LIVE TO THE LORD, AND IF WE DIE, WE DIE TO THE LORD. SO THEN, WHETHER WE LIVE OR WHETHER WE DIE, WE ARE THE LORD’S” ROMANS 14:8

Jennifer Lee Zuber 1984-2021

Zuber and Andrew Matejcik; and cherished granddaughter of Eleanor Zuber, and Carloyn (nee Holzheimer) Linc. She was a loving niece of Nancy (nee Zuber) Perry, and Herbert Holzheimer III, and Scott and Benita Holzheimer, and Carol (nee Matejcik) Logar and Mark and Chris Matejcik. She was a charismatic cousin and friend of many.

She was preceded in death by her grandparents, Joseph Zuber, and Herbert J. Holzheimer Jr., and Andrew S. and Virginia Matejcik, and Alan Linc.

Visitation was May 5 at the Murphy Funeral Home, 95 South Franklin Street, Chagrin Falls.

Donations to celebrate Jenn’s memory appreciated to any one of her favorite causes: 1. National Eating Disorder Association (NEDA), 1500 Broadway, Ste 1101, 11th Floor, New York, NY 10036 2. Chagrin Documentary Film Festival, PO Box 239, Chagrin Falls, OH 44022 Funeral information and online condolences www.murphyfamilyfuneralhome.com or 440-247-3400.

To Plant Memorial Trees in memory, visit the Sympathy Store.

13

Affiliate Spotlight

Growth Coaching Systems

14

Who is GCS? And who does GCS work with?

Growth Coaching Systems (GCS) was founded by Dennis McGough in 2009 after serving for 15 years as a District Manager for a large insurance carrier. There he oversaw over 40 agency locations. This gave him firsthand knowledge of the most common mistakes that every agency makes when managing and growing their agency. GCS was created with the sole purpose of solving these Most Common Mistakes. Over the years, GCS has expanded to employ coaches, IT professionals, videographers, photographers, and more all for the sole purpose of solving these mistakes and developing strategies and tools to help agencies aggressively grow their revenue.

GCS works with any agency that wants to grow aggressively through organic and acquisition strategies. To help agencies grow, we offer: 1. Group coaching for smaller agencies (less than $7M in premium), with access to our online portal and access to a Business Coach with tools to help the Agency Owner grow their agency.

2. Individual coaching, for larger agencies ($7M in premium or more), with access to our online portal, access to a Business Coach with tools, Leadership Team development to run the agency, and a game plan to maximize long-term growth goals.

What does GCS do?

GCS helps agencies grow by solving the most common problems that plague an agency. GCS solves 21 of the Most Common Mistakes and has over 50 tools to serve our clients. We do this by helping you accomplish several key strategies that impact every aspect of your business. Some of these strategies are: 1. Choose very specific and well-defined Target Market(s) and Position, Package, and Promote to each one independently 2. Master the 7 Stages of the Customer Lifecycle and Buyer Behaviors 3. Create a Sales Plan and Align Staff Resources accordingly 4. Implement Sales Tracking and Reporting and align them with Incentive Plans 5. Build a strong Leadership Team 6. Put the Right Person in the Right Place doing the Right Things based on personality traits 7. Introduce Performance Management, with Production Incentives and Training Schedules 8. Build Staff Competence and Confidence using Product Evaluation Worksheets Where does GCS work?

GCS is based out of Houston, TX, but services any agency in the state of TX.

CONTACT | Thomas Billings Jr.

Phone: (281) 596-9830 | Cell: (713) 304-8675 Email: thomas@growthcoachingsystems.com Website: www.growthcoachingsystems.com

When does GCS work with their clients?

GCS meets two times a month with each client and their Leadership Team. This allows each client and the Leadership Team to review financial numbers, make adjustments, strategize, and develop an execution plan. This allows you ,the Agency Owner, to do what you love and are best at (whatever that is), while giving the things that drain you to your Leadership Team.

We are also available every day of the week for phone calls/Zoom meetings. This allows your Leadership Team to address issues, solve problems, and develop as leaders without postponing decisions unnecessarily.

How does GCS help their clients?

GCS specializes in insurance. With over 30 years of combined insurance specific experience, fulfilling roles as Agency Owner, Executive role with Carriers, and Business Coach during that time, we know the “ins and outs” of the insurance industry. We know what you go through.

We know your struggles. We know what keeps you up at night. We also know how to help you. We know how to make it fun again. And most importantly, we know how to get your agency growing again. We do this by getting you doing the things you love and having the leadership team doing the things you hate.

Why would I work with GCS? If you would like to: ► Have a strong Leadership Team running the agency. ► Grow your PiF, new business sales, and household density to increase your agency’s revenue. ► Develop marketing funnels to a specific Target Market that is accustomed towards your Target Market’s buying behaviors to increase your efforts to improve sales and drive down marketing costs. ► Have raving fans on Social Media helping you to drive your Referral Programs. ► Have a coaching company that has Business Coaches, online marketers, web-designers, photographers, and videographers at your disposal to improve sales and have fun while doing it. ► Position your agency for acquisitions, as either a buyer or seller. ► Prepare your agency for a transfer of ownership (including family members). ► Do the stuff you love in your agency, and pass along everything you don’t love to your Leadership Team and Business Coach…

Then you should begin working with GCS.

15

CPCU WEBINARS

Upcoming Events CPCU 2021 | JULY - AUGUST REGISTER FOR EVENTS

August

July Webinar | Captain Scott Schoonover, Harris County Fire Marshall’s Office Arson Investigation Webinar

Webinar | Paul G. Phillips, P.E. MEP Practice Leader RIMKUS Consulting Goup Webinar

Tuesday, July 20, 2021 11:30 AM Scott Schoonover of the Harris County Fire Marshall’s office serves as a Captain in the Investigations Division and is responsible for all investigation’s operations, CJIS training and compliance, and law enforcement technology applications. Scott previously served as a patrol deputy with the Harris County Precinct 4 Constables Office. He holds master certifications with TCOLE and TCFP. In 2020, Scott graduated from the Bill Blackwood Law Enforcement Management Institute of Texas (LEMIT), Leadership Command College.

“It is our goal on every fire scene to ensure we find the origin and cause of the fire. This is extremely important so that we can prevent these fires from occurring in the future.

Prevention helps reduce insurance rates and prevent loss of life and property,” he stated.

CONTACT E: Scott.scoonover@fmo.hctx.net P: 713-274-1655

Tuesday, August 17, 2021 11:30 AM Mr. Phillips is a forensic engineer who specializes in identifying mechanical and plumbing system, building enclosures, and other design and construction defects that can result in problems with the occupied environment, as well as the building materials. His presentation will focus on failure investigations for mechanical and plumbing equipment from direct examination of failed items to mathematical modeling.

CONTACT E: pgphillips@rimkus.com P: 713-621-3550

RIMS Webinars Webinars offered by RIMS are also open to Houston CPCU Society members. To confirm dates, times, presenters, and register visit the website below. Thanks to Houston RIMS for this opportunity!

Visit | https://www.houstonrims.org

REGISTER 16

University of Houston Board of Directors Marilyn Davis College of Business Insurance and Risk Management Center The University of Houston-Downtown offers a BBA degree in insurance and risk management that includes six of the eight courses required for the CPCU designation.

Contact Insurance and Risk Management Center Director Priscilla Oehlert at 713226-5522 or oehlertp@uhd.edu to learn more about the program.

Virtual Info Sessions are available to learn about fall enrollment and ask questions on the below dates and times.

Tuesday, July 13 2:00 PM Wednesday, July 21 7:00 PM Tuesday, August 10 2:00 PM Wednesday, August 18 7:00 PM Interested candidates can also learn about scholarships available to all new IRM students or register online at Info Sessions.

PRESIDENT Judith Smalls, CPCU, CIFI, AIC PRESIDENT ELECT Kevin Boykin, CPCU SECRETARY Emily G. Haluska, MBA, CPCU, ARe, RPLU TREASURER Melvinn Brown, CPCU, ARM, AIC, API, AIS, ACS PAST PRESIDENT Brandon Yarborough, CPCU, AIC, AIP, AINS, AIM DIRECTORS AT LARGE Noah Klein, CPCU, AMIM Terrence Steele, CPCU, AIC

17

President’s Message

Christopher Goff President 2020-2021 cgoff@harco-ins.com 713.800.2256

Summer of Giving

Charity: Noun

The voluntary giving of help, typically in the form of money, to those in need.

IIAH has three very deserving charity benefactors that we support. Camp Hope, Brookwood Community & Company Onstage. As Summer gets going, we have a couple of charitable events that will help these organizations out tremendously. Your participation in these events is key to their success.

As I write this message, we have 25 Teams signed up and ready to go for Charity Bowl XXVII on July 10th. That is awesome! We also have our annual Charitable Sporting Clays Invitational coming up on August 6th.

Let me encourage you to be a part of these events.

The members and affiliates of IIAH are second to none when it comes to helping others and I know you will not want to miss out on these opportunities to give back.

Let me leave you with a couple of my favorite quotes regarding charity.

“No one has ever become poor by giving” Anne Frank.

“When we give cheerfully and accept gratefully, everyone is blessed” Maya Angelou.

Please have a safe and productive summer and I look forward to seeing you soon Chris Goff, CIC, LUTCF IIAH President

18

Member Spotlight

Insurance With Purpose Agency Insurance With Purpose Agency was founded in April 2021 as an independent retailer focused on assisting businessowners with property and casualty risk management solutions!

Derek Pierce, founder of the agency, started his career in 2003 working in every agency role possible (Receptionist, Billing, Certificates, CSR/Acct.

Manager, Marketing, Production, Infrastructure Tech) before transitioning into the role of an Excess & Surplus Lines Wholesale Broker from 2015-2021.

During those 5 years, Derek spent his time partnering with retail insurance agents to help navigate the excess and surplus lines market for solutions on hard to place commercial P&C exposures. It was this experience that left him with a very deep understanding of the way business flows throughout the industry.

Now empowered with a very clear sense of what underwriters/carriers are looking for within submissions Derek has formed the following position…

“The time of sale is actually NOT between the insured & agent like most people think; instead, the REAL time of sale is between the agent & carrier!”

Insurance With Purpose Agency is laser focused on developing systematic approaches that addresses the nuances found within the underwriting process at the early stages of engaging with prospective clients. We believe that focusing on addressing these nuances upfront will provide our underwriters/carriers the level of detail needed to make more effective decisions as it relates to their appetite/guidelines; ultimately translating into better results for our clients.

We have partnered with Applied System’s EPIC platform, the leading commercial lines agency management system and coupled with the powers of Applied System’s Indio platform, the leading data collection system, we plan to deliver the best experience possible for our clients. Always remember, why just buy coverage when you can get Insurance With Purpose!

We are excited to join IIAH and very much looking forward to furthering our relationships throughout the industry with other leading organizations such as this one.

Please feel free to check us out online; just know our website is still under construction.

CONTACT

Phone: (346) 388-4673 | SMS: (346) 423.2500 Email: derek@iwp.agency Website: www.insurancewithpurpose.com

19

© Lighthouse Property Insurance Corporation 2020

Learn more at www.lighthouse.insurance Homeowners | Dwelling Fire | Flood 20

Free

rsvp

take poll 21

Spring Golf Classic The IIAH Spring Golf Classic was held at Blackhorse Golf Club on Tuesday, May 4th. We had over 35 teams participate in the event this year. It was a wonderful day and fun was had by all that participated.

We had lots of sponsors to great all of the teams on each hole. We even had a Hole – in-one! Chad Reeter with CRC Group aced the Second hole, a 164 yard par 3. He will receive a 55” TV from the hole in one sponsorship

Annual Tournament

insurance policy underwritten by our friends at CPRO, Jon Archer! Many thanks to all of the participants and sponsors for making this a very special event. We were sad that not everyone was able to participate this year due to company COVID policies. Just know that those of you that are usually in attendance, that you were missed! We look to have a bigger and better postCOVID golf tournament next May!

Thank you!

22

TITANIUM ELITE SPONSORS 2020-2021 IMPERIAL PFS BURNS & WILCOX, LTD. CRC GROUP

PLATINUM PARTNERS FOR EXCELLENCE 2020-2021 LIGHTHOUSE PROPERTY INSURANCE CORPORATION RT SPECIALTY TEXAS MUTUAL INSURANCE COMPANY UFG INSURANCE WSG SPECIALTY UNDERWRITERS

GOLD PATRON SPONSORS 2020-2021 AFS/IBEX A DIVISION OF METABANK CHUBB CNA INSURANCE COMPANIES DELTA GENERAL AGENCY SKYWARD SPECIALTY INSURANCE WRIGHT FLOOD

23

DINNER SPONSOR SAFEPOINT INSURANCE

LUNCH SPONSOR UFG INSURANCE

DINNER BEVERAGE SPONSOR MCCLELLAND & HINE, INC. - HOUSTON

CART SPONSOR VINTAGE UNDERWRITERS

BEER CART SPONSORS RT SPECIALTY HOMEOWNERS OF AMERICA STATE AUTO

DRIVING RANGE SPONSOR NFIB

PIN FLAG SPONSOR TEXAS MUTUAL INS. COMPANY

CIGAR SPONSOR FIRST INSURANCE FUNDING CORP

24

HOLE IN ONE SPONSOR CPRO/AIS

HOLE SPONSORS COTTON COMMERCIAL USA, INC. GEOVERA SPECIALTY INSURANCE GOTO PREMIUM FINANCE MIDLANDS MANAGEMENT SERVICE LLOYDS INSURANCE CO. WIZEHIRE

CLOSEST TO THE PIN PHILADELPHIA INSURANCE CO.

LONGEST DRIVE SPECIALTY INSURANCE MANAGERS

GOODIE BAG SPONSOR AMERISAFE

25

26

Thank You to all who attended the tournament

27

A day on the links to network

28

29

30

31

32

33

YOUR CONTRIBUTIONS MATTERS By contributing to IMPACT, you are supporting pro-business minded candidates and elected officials who are looking out for agents’ interests in the Capitol. All of the money raised by IMPACT is contributed to candidates and campaigns that support the independent agent network.

NOTE: IMPACT is prohibited by law from accepting corporate contributions. Investments may be made via personal or partnership check/credit card AND the following business entities may contribute via company check/credit card: » Limited Liability Companies (LLCs) with no corporate partner members of their LLC, » Limited Partnerships (LPs) or Limited Liability Partnerships (LLPs) with no corporate partner members of their LP or LLP, » Partnerships with no corporate partner members of their Partnership, and » Sole Proprietorships with no corporate partner members of their Sole Proprietorship.

Contributions to this campaign are not deductible for tax purposes. Consult your tax advisor.

UNIVERSITY OF HOUSTON DOWNTOWN ANNOUNCEMENT

The University of Houston-Downtown Insurance and Risk Management Center is proud to announce nine IRM majors have recently earned the University Associate Certified Risk Manager (UACRM) designation, the highest university-level risk management industry credential.

These majors have joined an elite group of 300 university students in the US who have earned the designation offered by The National Alliance for Insurance Research & Education. The Certified Risk Manager (CRM) designation requires successful completion of five courses; UHD offers students the opportunity to earn credit for three of those while simultaneously earning up to six credits toward completion of the BBA in Insurance and Risk Management degree.

and needs of its students. All courses are offered online to UHD’s working student population, multiple scholarships are awarded to IRM majors each semester, and active industry-involved mentoring directs and facilitates IRM majors toward industry careers resulting in a high career placement rate. In addition to the UACRM designation, UHD offers six of the eight Chartered Property Casualty Underwriter (CPCU) courses, putting its students well on the path to earning the industry’s gold standard in property/casualty knowledge. “These credentials make UHD IRM graduates some of the most-desired new talent in the industry,” states Priscilla Oehlert, UHD’s Director, Insurance and Risk Management Center.

The UHD Insurance and Risk Management (IRM) program is driven by the unique demographics

CONTACT | Priscilla Oehlert E: oehlertp@uhd.edu P: 770-286-4222

www.uhd.edu/irm

Marilyn Davis College of Business Insurance and Risk Management Center 35

It’s The Law FIFTH CIRCUIT UPHOLDS NO-DEFENSE EXCESS LIABILITY POLICY May 10, 2021 Last week, the Fifth Circuit examined the defense obligations of excess carriers, affirming summary judgment for an excess insurer whose policy included a right, but not a duty, to defend the insured after exhaustion of the underlying policy limits.

Tex. Disposal Systems, Inc. v. FCCI Ins. Co., --F.3d ---, No. 20-50274, 2021 WL 1805865 (5th Cir. May 5, 2021) involved an insured who had four stacked insurance policies providing a total tower of $17 million. FCCI, the primary carrier, defended the insured against a wrongful death case. At the top of the four-insurer tower sat Arch. Like many excess policies, Arch’s policy did not impose a duty to defend the insured, while the three policies below it included a duty to defend.

Ultimately, the first three insurers reached partial settlements with various plaintiffs that exhausted their limits. Once the settlements were paid, they tendered the remaining unsettled claims to Arch, and FCCI terminated its defense.

Arch declined to assume the defense, pointing out its policy did not require it to do so. The insured defended itself through the conclusion of trial and then 36 sued both FCCI and Arch for

the disputed defense costs and extra-contractual damages.

In the ensuing coverage lawsuit, the insured contended Arch either modified the policy by agreeing to defend it, or had already assumed the defense and was prevented from withdrawing it. The Fifth Circuit rejected the notion that a contract could be modified by the unilateral acts of one party without a clear meeting of the minds reaching a new agreement supported by consideration.

There was no evidence that any such agreed modification had occurred here. The court also reasoned that the policy terms actually prevented Arch from assuming the insured’s defense until the underlying policies had been exhausted by payment of judgment or settlements, which protects the underlying insurers from having their defense of the insured interfered with by a meddling excess carrier.

Arch told the insured it would not be assuming the defense before the partial settlements were finalized and thus before the underlying policies were exhausted, and therefore Arch could not have already assumed the defense. While there was evidence Arch had retained an attorney who may have represented the insured, there was no evidence he ever took

over the role of lead counsel from the attorney hired by FCCI – thus Arch did not “assume” the defense, but at most merely associated with the defense being conducted by FCCU. Having concluded Arch did not breach its contract, the court summarily upheld summary judgment in Arch’s favor on all extra-contractual claims that had been asserted.

Editor’s Note: Although this case resulted in a win for the excess carrier, the court’s discussion of the evidence suggests this coverage lawsuit might have been avoided if there had been clearer and earlier communication of Arch’s intention not to assume the insured’s defense, which it had the right but not the duty to do. However, that same clarity of communication might have prevented the partial settlements from ever being achieved, as the insured argued it would not have agreed to them if it had known it would lose its defense. The trial of the remaining unsettled claims resulted in an additional $1.1 million judgment against the insured, which was within the remaining available policy limit. It is not clear how much the insured incurred in defense costs after FCCI terminated its defense.

Learn More | https://www.mdjwlaw.com/

COURT HOLDS THAT INSURER BREACHED DUTY TO DEFEND – COURT FOUND INSURED SUBCONTRACTOR’S ALLEGED DEFECTIVE WORK POTENTIALLY OCCURRED DURING THE POLICY PERIOD

June 7, 2021 In Tejas Specialty Group, Inc. v. United Specialty Ins. Co., No. 02-20-00085-CV, 2021 WL 2252742 (Tex. App.—Fort Worth, June 3, 2021), Tejas, a subcontractor, sued its liability insurer, United Specialty Insurance Company (“United”), seeking declaratory relief and asserting claims of breach of contract for United’s refusal to defend and indemnify Tejas in a third-party claim filed by another subcontractor against Tejas and five other subcontractors, seeking indemnity and contribution in a construction defect case.

United’s position in denying a defense was that the Third-Party Petition alleged that the work on the project had been certified as substantially complete by March 9, 2017. Additionally, the Third-Party Petition alleged that the Plaintiffs in the underlying case alleged that problems with the construction had been observed or made known “in the middle of 2017.” Because the

inception date of United’s policy was October 1, 2017, the work and resulting property damage allegedly occurred before the policy was issued, thereby excluding the claims.

The Court of Appeals disagreed: “While simplistically appealing, this position fails when tested against the rules of construction which apply to the eight-corners rule.” Construing the allegations of the Third-Party Petition in favor of Tejas and resolving all doubts about coverage in favor of Tejas, the court held that the property damage claim would not be excluded because the work and property damage arising therefrom could have occurred after the inception date of the policy. The court reasoned that (1) the ThirdParty Petition was not just directed at the work of Tejas and property damages arising from it; the pleading named six subcontractors as thirdparty defendants, including Tejas; (2) the subcontractors’ contracts were all signed in

2014, 2015, and 2016, and the Third-Party Petition was filed on April 30, 2019; thus, it could be inferred that the work of all the subcontractors was performed and the property damage occurred between 2014 and April 30, 2019; and (3) the Third-Party Petition did not allege specifically when Tejas’s work was performed during that period, nor did it expressly state when property damage specifically from Tejas’s work occurred. So, Tejas’s work could have been performed, and property damage could have occurred, after October 1, 2017.

Further, the fact that the work on the project had been certified as substantially complete on March 9, 2017, did not establish that Tejas’s work did not occur after that date. Lastly, the certificate of substantial completion was not binding and, thus, the allegation of substantial completion merely created conflicting factual inferences which would not negate coverage.

37

Upcoming Events

IIAH CALENDAR EVENTS COMING SOON

38

CPCU WEBINARS

39

Have you Heard?

Shelley Spears is Retiring!

Shelley you are an amazing woman and a true inspiration.

Wishing you the best on your new journey. Chris Chiodetti US Risk

All the best to the sweetest, most thoughtful lady I know.

Theresa Drago, US Risk Congratulations on your retirement! Rona Manning IPFS

40

After 48 years in the Insurance industry Shelley Spears has retired. Shelley worked for many large insurance companies throughout her insurance career. Highlands Insurance Company, Milton O. Johnston & Co; Crump; Leicht General Agency; Leicht RPS; U.S. Risk, LLC, USG and U.S. E&O Brokers, just to name a few. She is the epitome of a team player, a true friend and colleague to all that know her. She inspires us all to be the best insurance agent and teammate we can be. She inspires us all to be better human beings. Shelley you are a true mentor to many and you will be missed dearly. IIAH and our members wish her all the best in her retirement.

Shelley, you are the most caring, thoughtful coworker and friend. Your laugh is infectious which always brings out a smile. I will miss you, our phone visits but will stay in-touch. Enjoy your retirement, filling your days with family and friends. Hugs sweet lady friend, Jan Vaughn, USBN Having someone like you as a coworker has been no less than a gift. Wishing you a wonderful retired life ahead. You will be missed, but never forgotten.

Sincerely, Denise Elmore, US Risk No one smiles and has as much fun as Shelley. The room lights up with she arrives, she is a true insurance social butterfly with a heart of gold. Thank you for being a part of our individual lives and work lives. We are all finer individuals because of you. U.S. E & O Brokers is a better organization because of your great ability to always demand higher quality and exceed expectations. U.S. E&O Brokers – Angela Schroder, Lori Williams, Amanda Fenn, Susan Kirby, Stephanie Cohn, Jennifer Hightower, Julia Moreira, and Terry Tomlinson “When I think of “Life of the party”, I think of Shelley! She came to my house and as soon as she walked in she said “The party is here!!”! I agree! She always makes the new person feel welcome and never is a dull moment with her around. Party on girlie! I hope you enjoy retirement! You soooo deserve it! Love you Shellbell xoxo!” Rachel Brenner, Trident Marine Managers I met Shelley at an Company Underwriter Conference in Dallas, TX . It was long before we worked together at US Risk. Instantly Shelley & I hit it off and we talked & shared stories of our insurance life and we learned that lived in the general area of each other. We also realize that we knew a lot of the same people in the insurance industry and in fact she worked with a past close friend co-worker. Over the years, we have stayed in touch and I would see her at different insurance events and she always had time to say “hello”. When IMS was acquired by US Risk, to my surprise I learned that Shelley and I would be co-workers. We had come full circle. Shelley is one of the friendliest & kindest persons you will ever meet. I will miss her and I wish her the best of everything in her retirement. Dorothy Douglas, US Risk Shay Shay… CONGRATULATIONS on your retirement, so very well deserved! Time to enjoy you, my dear friend, as a new chapter begins!

Beautiful inside and out, a big part of our co family, as well as a true friend, we will all miss you! God bless you always… I love you bunches! Linda Mata, US Risk The first time I met Shelley Spears at our office I loved her. She made me laugh and I felt like I had known her forever. At some point she ended up at another company and it felt like an empty place in my heart not seeing her every day. Even though we got together at times, it wasn’t the same as working together and seeing that warm smile. When we were told U.S. E&O Brokers would be coming to our office we were all excited. The biggest excitement was finding out she would be sitting right next to me. She is a dedicated, professional and hard working woman whom I admire. I have been thankful to have her as a co-worker and friend all these years. I am very excited for her and she has earned this retirement! I would be upset that I no longer get to work with her except I know we will always keep in touch. She’s one of my favorite people and always will be. Congratulations Shelley! YOU are very loved and will be missed. Angie Sawyer, US Risk 41

I am blessed that God crossed our paths while working at Leicht General Agency and continued on to US Risk/USI. I am forever grateful for your friendship and kindness you have shown me all through the 20 years or so I have known you. I only wish you the best as you deserve all things that are good and lovely as that is what you are to me. May God give you peace and joy as you retire and leave a special place in my heart. Maria Holsomback, US Risk Dearest Shell Bell... Congrats on your retirement girl you finally made it to the magical moment! :) I can remember wayyyy back in our Crump days all the good times and laughs we had. It seems like a lifetime ago but still dear in my heart. You definitely touch everyone who knows you.

You always remember friend’s birthday’s and go out of your way to send cards. I hope your retirement brings you joy, peace, and a very long time of living your best life. You are a wonderful friend and an amazing person. I feel very blessed to have had you in my life. So, cheers to you, your accomplishments, and great big heart Mustang Sally! You have Earned it! Love you, Chrissy Palermo I’m blessed to not only have known you 21 years but to have worked with you twice in that journey. You are a true friend and a golden friend at that. You walked me through my first Wholesale position and now I send you off into retirement, what a ride! I will miss my right hand but I appreciate all you have done and wish you nothing but happiness in the upcoming years. Love you! Amanda Fenn, U.S. E&O Brokers While I didn’t work directly with Shelley, all of the feedback regarding her work ethic, positive attitude and general passion for our business has been extremely positive. On behalf of the entire US Risk family, we want to wish her the best in a well-deserved retirement. Wayne Carter, US Risk “I have known and worked with Shelley Spears for 8 years now. What an awesome blessing it has been to have her in my work and personal life. You will never meet a more kind, helpful, funny and loyal coworker and more importantly friend. I love her as a sister. She has always been someone I could rely on for wise counsel. In fact, I have adopted one of her many mottos “It is what it is. No need to worry right now until you really have something to worry about”. I truly believe that God brings people to you and into your life to make you a better person. I know I am a better person because Shelley is a big part of mine. I will miss working with her. My work partner in crime. lol Congratulations on your retirement Shelley. Love you ♥ Sarah Trainer, US Risk Having someone like you as a coworker has been no less than a gift. Wishing you a wonderful retired life ahead.

You will be missed, but never forgotten. Sincerely, Denise Elmore, US Risk

Oh man where to start. I have worked with Shelley but have also been personal friends for years. She is one of the most genuine people I know. She has never met a stranger, and you can’t help but to love her once you meet her. She has worked hard and deserves this retirement. Rose Perez, 42USG

We are grateful for your service, your friendship and our times shared together. You are a treasure ! No farewells, just happiness in our hearts that we know you and we love you. Sara Jones, Angela & Greg Schroder

From The Moudry Family: There are friends, there is family, and then there are friends that become family.

You are special to all of us. You have made a difference in our lives. Remember – you can’t retire from being great! Enjoy it! We love you!

One thing about Shelley, if you are the quiet one in the group, she will go out of her way to introduce herself and make you feel like a part of the group. Shelley NEVER meets a stranger! She will always be the first one to come up to you and ask how you are doing, and if you run into her again, sometimes even years later, she will remember practically every personal detail from your first meeting. That is a character trait that cannot be learned. Shelley is also the best co-worker because she will look out for your plants! Amy Craig, Craig & Leicht Congratulations on your retirement Shelley!! Very well deserved and I hope you enjoy every second of it!!

Love you girl!! Nidia Carrasquillo CRC Hey Shelley!! Congrats on your retirement!! I wish you the very best on the next phase of your life. Enjoy!!

Sherry Matthews Shelley, congratulations on your retirement. I always enjoyed working with you. You kept us all laughing with your contagious sense of humor. Enjoy your well-deserved retirement. Love you girlfriend!! Dona McCauley

Life has been full of surprises and curve balls. And you faced them all head on and with great strength. No ma what retirement looks like in the days ahead I am prou have worked with you these past few years. You have p on the line for your teammates and I know they all app the job you have done. Time to take care of yourself an enjoy the days ahead. Love you, Terry Tomlinson

You have always been such a pleasure to work with. Yo always so positive, happy and kind no matter what has thrown your way, you are a true inspiration! Congratula on your retirement, I will miss you! Sheila Boatman, U

e

u have atter ud to put it preciate nd

ou are s been ations US Risk

Congratulations on your retirement!

Love you, Amy Freeze US Risk

Congratulations! Getting to know you was a gift from GOD!!! HAVE AN AWESOME RETIREMENT!!!!! Beverly Narcisse, US Risk I have worked with Shelley for many years at a couple of different companies and I can tell you from the heart she is the most genuine, caring and compassionate person you will ever meet. We started working together at Leicht General Agency in 2000, then transferred to RPS and Now back together again here at US RISK. While it has been over 20+ years off an on as Co-Workers, the friendship we created will last a 100 lifetimes.

While we will miss her smile and constant laughter in the office, I am very happy that she is getting the opportunity to retire and keep Marshall company (Maybe even on his Fishing trips haha).

Hopefully you wont forget us and will come join us for a Happy Hour or Two so we can listen to MUSTANG SALLY (or as she prefers it MUSTANG SHELLEY). Love you Shelley and always will…..Jody Travis, US Risk 43

Have you Heard?

Jim Gavin is Retiring!

It is with mixed emotions that we announce the retirement of our beloved and much appreciated Jim Gavin after nearly 20 years at IIAT. Jim’s encyclopedic knowledge of insurance and his keen insights into coverage issues made him a go-to, reliable insurance expert for staff and IIAT members. Countless insurance agents have benefitted from the classes and webinars Jim has taught over the years. He has a knack for making sense of the most complicated insurance issues and for making the most mundane insurance topics interesting.

brain one last time and share some laughs. Before he makes his grand exit, he did agree to sit down and answer some questions for us and reflect on his time at IIAT. Also, Jim will join Marit for a special edition of Mornings with Marit on June 30 (10-11 AM), where he’ll reflect on his time at IIAT and tell us what he thinks is in store for the insurance industry.

What was your starting role in the association and how has it changed?

I started in the Education Department in December 2002 writing course material and If you know Jim, you can probably teaching classes. We were agree that his quick wit and great offering classes in over 20 sense of humor will be missed the cities around the state. I spent most. Jim always has a joke, and a lot of time on the road. My you can count on him for a laugh role has expanded beyond to lighten the mood in any room. technical insurance topics to include legislative analysis “I personally will miss Jim greatly and addressing almost any because he played the role of my question that a member may personal counsel over the years. have about coverage, the law, or I always count on Jim to give me any other issue where they need direct feedback and coaching confirmation or assurance. But for our member and staff needs I’m in the office a lot more and so we stay focused on what is don’t have to worry about hitting important,” said IIAT President & a deer or a turkey buzzard.

Executive Director Marit Peters.

“He will be missed, but we are What has been the biggest excited for him as he moves on to change at IIAT since you his next adventure.” started?

Technology has allowed us to Jim’s last day will be June 30. He provide services more efficiently will be at INSURCON, so please to members. For instance, take the opportunity to pick his webcasts allow us to reach a

44

lot of people without the facility and travel costs. Whether or not it is as effective as it is efficient remains to be seen.

What has been the most interesting insurance question you have received?

Insurance questions are generally related to specific problems. We have an industry that relies on a legal contract that is difficult to understand – a contract that very few people read until after something happens. Or, they are related to insurance statutes that even TDI won’t interpret.

What advice do you have for IIAT to continue serving members?

IIAT should consider an incubation program for new agents to help them get started.

It is not easy being independent and we have the resources to get new folks off to a good start.

What advice do you have for agents?

Despite technology advances, we are still selling a product that no one understands and hopes they will never need. That means we need to focus on the relationship and consultative parts of the sales process to be successful.

Long-term success depends on earning customers’ trust.

Congrats Jim!

How do you think the industry will change in the next decade?

It seems that the past decade has brought significant changes to the delivery of insurance products. Going forward, the increased use of AI will further mystify the insurance process for the average consumer. That will be a challenge for agents who may never know or be able to explain why a customer received a specific price or limitation in coverage.

I hope we will see product innovation, particularly simplification, in insurance

policies. The Homeowners policy is 24 pages long. I hope insurance companies recognize that simplification is a winner from the consumer’s perspective and could reduce the amount of money spent defending arcane language in court. At the very least, it would improve the image of the industry.

For the past couple of years, you’ve been answering questions for Ask Regina. What is it like being Regina?

Like Regina, I rarely wear a dress.

But I don’t think anyone will have the combination of institutional

knowledge and the ability to apply that knowledge to a specific situation. She was a very special person who knew Shinola when she saw it. I understand why so many of our members relied on her wisdom and guidance.

What will you miss most about working at IIAT? The people. I’ve been blessed to work with talented hard-working people who enjoy each other.

I’ve also developed some great relationships with our members.

This has always been a “people” business and walking away from that will not be easy.

Package Policy • Property—$10 million • Liability—$1-2 million

The leading source for hospitality markets for 32 years

• Liquor legal—$1 million • Umbrella—$1-10 million • Equipment breakdown, including steam boiler • Plus D property enhancements • Monoline liability • 100% liquor

Hospitality Market

Restaurants

Fine Dining

Entertainment

Taverns

Large Caterers

Delis

Bars

Pizzerias

Chris Lewis, Marketing: 1610 Route 88, Ste. 102 Brick, NJ 08724 (732) 701-8945 • (800) 836-1400 Fax (732) 458-3728 specialtyagency.com • Available in 21 states

“A+ XV Superior” A.M. Best rated admitted carrier45

CoverageSpotlight TEXAS AGENT NEWS

TWIA: INCREASED LIMIT OF LIABILITY ADJUSTMENTS THROUGH ABC ENDORSEMENT

46

MAY 18, 2021 This year’s automatic adjustments associated with the Adjusted Building Cost (ABC) endorsement (TWIA-220) will be greater than they have been in the recent past.

From 2018-2020, annual automatic adjustments to the dwelling limit of liability remained below 1%; this year, they will be around 2% (varying by location).

The ABC endorsement, commonly referred to as the “inflation guard” endorsement, is a standard insurance industry practice. It is designed to help ensure the limit of liability amount keeps pace with increases to local building costs and is automatically included with all TWIA policies. It does not guarantee the dwelling is adequately insured for its full replacement cost.

How This Affects Policyholders This year’s increase will affect all residential renewal policies with an effective date on or after September 1, 2021.

The automatic adjustments to the limit of liability (listed under Coverage A) will be reflected in the renewal packets sent to policyholders.

Those who wish to reinstate their previous year’s limit of liability may do so by contacting you, their agent.

As a reminder, lowering the limit of liability may affect eligibility for

replacement cost coverage.

Please discuss this year’s automatic adjustment and limits of liability with your renewing policyholders to ensure they have adequate coverage.

Renewal offers are available for agents to review in Policy Center 60 days prior to the renewal date.

Why Automatic Adjustments Are Greater This Year – And How TWIA Is Responding The annual automatic adjustments associated with the ABC endorsement are tied to the Marshall & Swift/Boeckh (MSB) building cost index. This year, the entire country has seen a large increase in costs of lumber, raw materials, and labor.

Building costs in our coverage area increased in a range of 4.4% to 6.2%, depending on ZIP code.

To help stabilize increases to the automatic adjustments and reduce their impact on policyholders, TWIA is choosing to average the last two years’ increases together when calculating 2021 automatic adjustments.

Going forward, TWIA will continue to average the last two years’ increases when calculating annual automatic adjustments.

These automatic adjustments will take effect September 1 of each year.

47

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

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

Q:

Our commercial lines department is discussing the possibility of requiring signatures on all new business applications, even if the carrier did not require a signature.

Some of us feel it is a best practice, but we have gotten a lot of pushback, especially from producers. There does not seem to be an easy way to get the signatures, and there is not a signature line on most of the commercial ACORD applications. We have avoided obtaining signatures for years, so we are not sure it is worth the hassle. Can you share your thoughts on this?

Lincoln, Maryland

A:

Lincoln, for many years it has been the practice in most agencies to obtain signatures on commercial applications only when required by the carrier. A signed application was typically required for professional liability, D&O coverage or other non-standard lines. Because of increased litigation in recent years, many agents have started to require that all applications be signed, regardless of the carrier’s requirement. This is now 48

becoming the best practice for all agencies. The courts recognize a signed application as part of the contractual insurance transaction, so signed applications bear more weight in E&O situations. Think about this: if there is incorrect information on an application which appears to be a material misrepresentation, how does a carrier know if it is the customer’s misrepresentation or yours? If, in fact, an applicant lied during the application process, you would want to demonstrate that you were still trustworthy!

Only some of the Commercial ACORD application sections include a signature line, such as the ACORD 125 Applicant Information Section.

The standard has been to have the insured sign any page with a signature line and then initial each of the other pages. That might work well for a 5-10 page application, but some commercial applications can be 40, 50 pages or more!

Another challenge has been determining at what point in the process the signature should be obtained. Might the producer go back out to the insured’s location to obtain signatures on an app after they obtain an order to bind? Some agencies require the producer return to the customer with binders and/or certificates of insurance and obtain the

signature at the same time.

Any way you look at it, it could be less than convenient.

Technology to the rescue.

Many agencies today are already enjoying the convenience of electronic signatures.

This works very well with commercial applications.

Once the producer obtains an order to bind, the account manager or CSR can finalize the application and forward it to the customer for electronic signature.

To encourage getting the signed app back quickly, the request could state: “binders and certificates of insurance will be forwarded upon receipt of the signed application.”

That should promote a timely response from the customer. From an E&O standpoint, the customer could never deny ever seeing the application or not having an opportunity to read it, since the electronic signature process allows a copy to be retained by the customer.

Electronic signatures are widely accepted countrywide, as supported by the Electronic Signatures In Global and National Commerce Act (ESIGN). Consider using the electronic signature process to aid in obtaining signatures on all applications.

CONTACT Mary LaPorte | Email marylp@lpinsuranceconsult.com

49

RSI INTERNATIONAL, INC. Managing General Agency

50

Property | Liability | Contractors | Environmental

This ain’t our first rodeo. We’ve been independently owned and operated since 1986 and we’ve got our sight set on getting you the Excess and Surplus Lines coverage you need, without sacrificing the service you deserve.

800-275-2084 www.rsimga.com

Inland Marine | Garage | Professional | Homeowners

51

Who has the Last Word

about it – yeah, that was weird!

Q: What sound do you love?

A: Soothing Jazz Music

Q: What is your pet peeve in traffic?

A: People who drive into open spaces, just because they can! Everyone tells me I drive like an old person, but I see old people passing me all the time – so not sure what they are talking about!

I view blinkers as communications, for example if someone turns on their left blinker that is them asking, “May I move Over” and me slowing down is a polite way of saying, “Of course”.

Q: If you could paint a picture of any scenery you’ve seen before, what would you paint?

A: The sunset alongside a mountain overlooking a valley where a beautiful cabin sits next to a rocky stream.

Q: Do you have any hidden talents?

A: If I do have talents, I have yet to figure them out; because everything in my life seems to be a learning process, nothing comes perfectly natural to me…

Q: What was the first thing you bought with your own money?

A: Post it Notes, lol, my mother will never allow me to live that one down!

Q: What is your favorite flavor of jelly beans?

A: Buttered Popcorn

Derek Pierce Q: Where you work: A: Insurance With Purpose Agency, Inc.

Q: If you could choose to stay a certain age forever, what age would it be?

A: Every age in life provides a roller coaster of new experiences, so I am not sure I would want to stay a certain age forever…

Q: What did you do growing up that got you into trouble?

A: Sometimes we would go fishing in the golf course lakes, but had to watch over our shoulders because we knew they were on to us…

Q: What is something you learned in the last week?

A: Opening a retail insurance agency is a very slow and daunting process to say the least, but I am very excited about the future!

Q: Weirdest thing you have ever eaten?

A: I really enjoy exotic foods, so trying to select the “weirdest” thing I have ever eaten is very tough… Probably, when my friend shared his soup that had actual animal eyeball – ew, just thinking

52

Q: What is your LEAST favorite electronic device?

A: Flashlight Tasers Q: What is the longest car trip you have ever taken?

A: Houston, Texas to/from Miami, Florida Q: Can vegetarians eat animal crackers?

A: LOL, of course Q: Ninjas or pirates?

A: Ninjas all day! I actually worked on an insurance policy covering pirate defenders before though, haha, had to share that tidbit.

Q: What was your favorite childhood television program?

A: Teenage Mutant Ninja Turtles, Now I have ninjas on my mind, lol.

Q: Are you a collector of anything?

A: Intelligence Q: At a movie theater, which arm rest is yours?

A: Both of them duh!

Business Card Ads

Advertiser Index

Business Card Ads 53 Lighthouse Property Insurance Corporation 20 McClelland & Hine 49 Midlands 08 NeitClem Wholesale Insurance 10 RSI

50-51

Service Lloyds

34

Specialty Insurance 45 Texas Mutual 02

Advertise with Us Contact: Deb McRae P: 713-975-0141 | E: debmcrae@aol.com

53