HIN 2020-2021 6th Edition

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kdean@deandraper.com

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November Industry Luncheon November 11, 2021 Nutcracker Market Express Train November 12, 2021 YIP’s Axe Throwing November 18, 2021 Holiday Happy Hour December 2, 2021 Houston Insurance Day Februrary 23, 2021

Member’s Webinar November 18, 2021 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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2021-2022

October 20 | 2021 Dear Friends, With cooler breezes in the air, it must be Fall in Houston! It is busy time for the IIAH, and we are looking forward to seeing everyone back at our events in the coming months. I hope that the worst of COVID is behind us, and we can begin to gather again as in “old times!” We are grateful to all our members for your support during the past almost 2 years of dealing with COVID. It has not been easy, but I feel that we have weathered the storm and are now ready to fly again!

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Titanium Elite Sponsors

Platinum Partners for Excellence

Gold Patron Sponsors

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 |

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Philadeliphia Insurance Company

richard.michaud@phly.com

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Industry Networking

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IIAT Government Affairs

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.

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Tuesday October 19, 2021

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Marilyn Davis College of Business Insurance and Risk Management Center

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Welcome to the re-energized IIAH Welcome to the re-energized Independent Insurance Agents of Houston, IIAH. We are open for business with in person programs, education, networking and charity support!

Committee.

The Young Insurance Professionals, YIP’s, sponsored a great opportunity for us to gather together with their Cornhole Tournament.

There has been a lot going on; including a September Luncheon, Charity Cornhole tournament and Fishin’ with a Mission Tournament.

The fish were biting in Rockport, and we were able to meet some of the people from the charities that were supported by the tournament.

We had an outstanding September Luncheon with Representative Dr. Tom Oliverson, Chairman of the House Insurance Committee, for the Texas House of Representatives.

He gave us candor, insight, and a view into the future. It is reassuring to know that we have an outstanding leader of the Insurance

It seems there has been many challenges in our country and the world. We are lucky to be part of the Houston community.

Houston is a can-do town, which knows how to make its own way with self-reliance and mutual support.

I am reminded of this every time I work with the people working for your Association, both paid and volunteers.

I am so proud of how they have gotten us through this year and made us stronger for it.

I would like to give a special thanks to Chris Goff, who has led us through this as President of our Association.

Please know that this is your Association and the volunteers and staff are here to serve you.

Jim Drew

By your involvement you make this Association better and our industry the best.

Thank you for being part of the Independent Insurance Agents of Houston.

Jim Drew ARM, CIC,CRM 18

Insurance Solutions of Texas Insurance Solutions of Texas began in 1993 as a Nationwide exclusive agency and in the 28 years since, has grown into a multi-faceted independent firm helping find commercial and personal solutions to the risk needs of its clients.

With a team of insurance experts and 100+ combined years of experience among them, the group out of Sugar Land, TX works to instill confidence in their clients as they work with both residents of the greater Houston area and companies beyond. Throughout the years the agency has grown from an operation offering home and auto coverage to nearby Sugar Land residents, to an agency with national reach helping their clients in Texas as well as those who need coverage out of the state.

“With the family nature of our agency, this place is a lot different than when I was a kid,” said Adam Harris, Partner at Insurance Solutions. “I grew up around this team and even spent some time in high school helping out with filing and things like that. I’m honored to be working alongside them now, seeing their enthusiasm when it comes to helping,” he continued, “Its kind of goofy, but I still get excited every time we get a 5 star on Google.

It shows the passion our team has when we see the reaction from our clients.”

Jay Harris is the founding principal of the agency and was relentless in his pursuit of becoming the best Nationwide agent in Sugar Land. This led to many successful years before gaining full independence as an agent and a partnership with Acrisure, the global leader in agency growth.

Additionally, the firm became heavily involved with IIAH at the time of their independence from Nationwide and have participated in numerous events since the change.

Adam Harris is now the vice president of the board for IIAH and the agency attends the luncheons and events put on by the organization.

“5 years ago, I couldn’t have imagined how crucial the association would be in meeting likeminded agents and finding great ideas and new ways to operate,” Harris said. “Throw in the fact that I’ve been trusted to help lead and shape the organization and I would’ve called you crazy! It’s been an amazing opportunity and I appreciate the team so much for all they do for the agents of Houston.”

Insurance Solutions of Texas has a focus on property owners and the artisan contractors who help to make those properties a possibility. Their wide range of carriers and talents allows clients to know they’re in good hands when it comes to renewal. A dedicated marketing team is always on the lookout for ways to keep their members insured at a rate with which they’re comfortable.

The growth continues for Insurance Solutions of Texas as they plan their move to a new space in the beginning of December. With a fresh coat of paint and a great view of Sugar Land, they look forward to continued success across the greater Houston area.

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Raising Funds for Team Rubicon

Our 2nd Annual YIP’s Charity Corn Hole Tournament took place on September 22, 2021 at Little Woodrows Midtown. With over 100 people in attendance we we’re able to raise over 3K for our beneficiary Team Rubicon.

This is such a fun event whether you compete until the end or come to network everyone had a great time seeing eachother and being back together again for a fantastic event. Thank you to

Our Winners

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everyone who participated and to our Sponsors we couldn’t host this event without you!

Gold Sponsors Amwins Group Imperial PFS Silver Sponsors Philadelphia Inusrnace Company Specialty Insurance Managers State Auto U.S. E&O Brokers

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It’s The Law U.S. DISTRICT COURT FOLLOWS LINE OF CASES DISMISSING COVID-19 July 21, 2021 Last week, the United States District Court for the Northern District of Texas dismissed a restaurant’s COVID-19 business-interruption claim, concluding that the restaurant did not adequately allege that COVID-19 caused physical damage or loss. In Vandelay Hospitality Group v. The Cincinnati Ins. Co., No. 3:20-CV-1348-C, 2021 WL 2936066 (N.D. Texas [Dallas Division], July 13, 2021), Vandelay sued its insurer, The Cincinnati Insurance Company (“Cincinnati”), alleging that the shut-down orders issued in connection with COVID-19 forced it to cease its operations, resulting in business interruption and loss of business income. Vandelay alleged that such

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losses were covered under its policies with Cincinnati, and that Cincinnati’s denial of its claim was a breach of contract.

In response, Cincinnati filed a motion to dismiss, arguing that Vandelay failed to adequately allege that the presence of COVID-19 caused any distinct, demonstrable, physical alteration of the property so as to trigger coverage under any provision of the policy.

The U.S. District Court granted Cincinnati’s motion to dismiss. The District Court followed three previous district court decisions where the courts concluded that COVID-19 and related civil authority orders did not qualify as a “physical loss of or damage to property” under property insurance

policies. In doing so, the District Court rejected Vandelay’s arguments that COVID-19 (1) is a physical pathogen, attaches to surfaces, and alters the composition of surfaces; (2) caused direct physical loss to the property by making the premises unusable in the way that it had been used before contamination; (3) caused physical contamination of the entire insured premises; (4) infected Vandelay’s employees and customers; and (5) caused a necessary suspension of operations during a period of restoration.

The District Court concluded that although Vandelay may have sufficiently alleged that COVID-19 was present in its restaurant, it did not adequately allege that COVID-19 caused physical damage or loss.

COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN ASBESTOSRELATED WRONGFUL-DEATH CLAIMBUSINESS-INTERRUPTION CLAIMS July 21, 2021 Last week, the Court of Appeals, Houston, concluded that the plaintiff did not establish that the asbestos exposure was a substantial factor in causing the decedent’s mesothelioma and death. Thus, the court affirmed the trial court’s grant of summary judgment. In Mullins v. Atlantic Richfield Company, No. 01-20-00013-CV, 2021 WL 2931355 (Tex. App.—Houston, July 13, 2021), Mullins filed a wrongful death and survivor suit against Atlantic Richfield Company (“ARCO”), alleging that her deceased husband was exposed to asbestos while working at ARCO’s petrochemical plant, which caused her husband to develop mesothelioma, which led to his death. In response, ARCO filed a no-evidence motion for summary judgment, arguing that Mullins failed to produce evidence to show that her husband’s exposure to asbestos at ARCO’s plant was a substantial factor in causing his mesothelioma.

Mullins’ summary-judgment evidence included the following: (1) work history sheets showing her husband’s work history from 1965 to 1983, including the location of

his worksites and the type of asbestos materials used at the worksites; (2) opinions of an expert pathologist, including that the husband’s asbestos exposure was the cause of his mesothelioma and death; and (3) opinions of an occupational epidemiologist, including that the husband had frequent, regular exposure to asbestos dust products at ARCO, and that these exposures were of such a dose that they were a substantial factor in the cause of his mesothelioma and death.

The trial court granted ARCO’s motion, which Mullins appealed.

The Court of Appeals began its analysis by thoroughly discussing Texas law governing asbestos-related claims: “Although evidence of the frequency, regularity, and proximity of exposure is required to establish causation, it is not alone sufficient to establish causation. To establish causation, the plaintiff must offer quantitative evidence about the dose or level of asbestos exposure.

A plaintiff must produce defendant-specific evidence relating to the approximate

dose to which the plaintiff was exposed, coupled with evidence that the dose was a substantial factor in causing the asbestos-related disease.

In the absence of direct proof of causation, establishing causation in fact against a defendant in an asbestosrelated disease case requires scientifically reliable proof that the plaintiff’s exposure to the defendant’s product more than doubled his risk of contracting the disease.

A more than doubling of the risk must be shown through reliable expert testimony that is based on epidemiological studies or similarly reliable scientific testimony.”

The Court of Appeals affirmed the trial court’s judgment.

“Because [Mullins] offered no direct evidence of causation, she was required to offer scientifically reliable expert testimony that her husband’s asbestos exposure more than doubled his risk of contracting mesothelioma”, which she did not. “Although harsh, this result is compelled by the asbestos-liability framework established by the Supreme Court of Texas, which has been recognized as ‘the most stringent’ of any state.”

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Annual Charity Tournament

1st place team

2nd place team

Largest Trout

Largest Redfish

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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

J FERG ROOFING

EFG INSURANCE

COLUMBIA INSURANCE GROUP TEXAS MUTUAL INSURANCE COMPANY PATHFINDER LL&D INSURANCE GROUP

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CHUBB THE HARTFORD

U.S. E&O BROKERS

STROMAN CONSULTING

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Donna Biles Retired from The Independent Insurance Agents of Texas

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Shari Hunt with Hotchkiss Insurance celebrated a “milestone” birthday on September 29th.

Hotchkiss also welcomes to their Houston office Candice Richardson, Holly Capps, Stacy Keller and Yasmin Barrera

Stacy Keller Candice Richardson Holly Capps

Yasmin Barrera

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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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Commercial water damage risks aren’t always visible

Major leak costs business $6.5 million USD

Even small leaks can cause extensive damage A $3 million USD loss, right before launch

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$4 million USD in damage from hotel’s faulty fitting

Taller and high-value buildings are more at risk

Not all pipes are created equal

Hospital patients suffer water emergency

HVAC flood leads to lost production cycles

Protect your business against commercial water damage

Education loses steam in pipe freeze

Regularly service your HVAC Because 75% of heaters fail before they are 12 years old, it’s important to replace them regularly to avoid the risk of commercial water damage.

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

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Shelley Scott Spears 1954-2021

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Rick Dale Baty 1958-2021

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Jennifer Holden 1975-2021

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Amanda Fenn

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