HIN 2019-2020 5th Edition

2019-2020 5th Edition

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Recreation Committee Spotlight Dedicated to Fun & Networking W H AT D O W E D O ?

•ORGANIZE, PROMOTE AND HOST ACTIVITES FOR OUR MEMBERSHIP •ENCOURAGE FUN, FELLOWSHIP AND NETOWRKING • AT TA I N A N N UA L B U D G E T A N D PA RT I C I PAT I O N G OA L S •SEEK SPONSORSHIP AND SUPPORT FROM THE INDUSTRY

Let’s Get Recreational The Recreation 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. Our

MEETING DETAILS

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.

WHEN: Once per month @ 9:30 AM WHERE: IIAH Conference Room 7700 San Felipe #310, Houston, TX 77063

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Features

Table of C

03 Comitte

07

Executive Director’s Message

16-21

05 Events &

07 Executive Dire 12-13

14 In Me

Golf Classic

15 Affiliate

22

22 Presiden

President’s Message

28-32

Charitable Sporting Clays Tournament

37-38

Have you Heard?

44-45

Working Through COVID

24 IM

25 Legislat

27 Coverag

34 University of Ho

35 Its t 42 Who has t

43 E

Special

46 Busines

46 Advert

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Contents

ee Spotlight

& Education

ector’s Message CPCU

Upcoming events 2nd Annual Fishin’ with A Mission October 29- 31, 2020

emoriam

e Spotlight

nt’s Message

MPACT

tive Update

ge Spotlight

ouston Downtown

the Law he Last Word

E&O

Education Coming Soon!

Check our website for updates www.iiah.org

l Items

ss Card Ads

tise Index

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August 14 | 2020

Dear IIAH Members, The Houston weather is getting hotter and so are the IIAH events.

July and August brought smiles to the IIAH staff! We were able to hold two events, the Golf Classic and our Charitable Clay Shoot!

We had a great turnout for each, and everyone seemed to have a wonderful time and we were able to social distance.

The Houston weather is getting hotter and so are the IIAH events. July and August brought smiles to the IIAH staff! We were able to hold two events, Golf and Clay Shoot! We had great turnout for each, and everyone seemed to have a wonderful time and we were able to social distance. I wish everyone of our members would have been allowed to attend these events. I know that it is tough for those of us who really enjoy visiting with our fellow “insurance” friends not to be able to participate in events right now. Know that you are missed, and we can’t wait to see you soon.

For those that were able to participate, I know that you had a super time! Our next

event will be our Fishin’ with a Mission Charity fishing tournament at the end of October. We hope that as many people as possible can come and join us in the fun and fellowship and raising lots of money for our charity beneficiaries. Please let us know if there is any way that we can help you during these crazy times. We are always up for new ways and ideas about how to network until we settle on a new normal. Have a great rest of the summer and stay safe and healthy!

David Wuthrich

IIAH Executive Director

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

Board of Directors Anais Babajanian Sarah Beck Robbie Darnell Adam Harris Brett Herrington Elizabeth Kirby Jason Knecht Ryan Moorehead William Peachey Chuck Vieau Wes Weatherred Darrell Wolfe

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

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

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

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

Gold Patron Sponsors

AFS/IBEX A Division of MetaBank Blackmon Mooring of Houston Chubb CNA Insurance Companies Delta General Agency Houston International Insurance Group WRIGHT Flood

Company Onstage

Serving our Community

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 | About Company Onstage

One of our this year’s Benefactors

Committees of 2019-2020

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

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: Nancy Eugenio Legislative Chairman: Kyle Dean Vice Chairman:

the association’s mission

IMPACT Chairman: Mickie Comiskey Vice Chairman: Lea Brimberry

forward. No matter what

Membership

skills to use to further drive

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.

Recreation Chairman: Robbie Darnell 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

CPCU NEWS If you are a Houston-area CPCU, interested in becoming a member of the Houston Society, or wish to learn more about the Houston chapter or volunteer contact: Emily Haluska E: ehaluska@CapstoneAssociated.com REGISTER FOR EVENTS https://houston.cpcusociety.org/meetings-events

NEW DESIGNEES The CPCU Houston Chapter proudly announces the following candidates have completed the requirements to become members of the prestigious CPCU Society. Due to Covid-19, their induction ceremony has been postponed to 2021, however we wish to congratulate them on their successful completion of the challenging education and practice standards and welcome them into the society of property and casualty professionals!

UPCOMING EVENTS Bryan Evans, MBA, ARM, MAC, Risk Manager University of Texas Health Science Center.

Evans, with over a decade of risk management experience at UT Health Science Center and a background in construction and project management, Bryan Evans is positioned on the cutting edge of health issues in the Houston and Texas health communities. As a comprehensive health science university, UT Health is Houston’s Health University and Texas’ resource for health education, innovation, scientific discovery and excellence in patient care.

Bryan.C.Evans@uth.tmc.edu | 713-500-8133 Webinar & CE Emergency Preparedness and Risk Management Tue. 9/15

CHAPTER EVENTS

Name | Company Tara Benford, CPCU | Brady Chapman Holland & Assoc Danielle M.Carr, CPCU | Highpoint Insurance Group Lillian M. Carr, CPCU | Colony Group Christie Devant, CPCU |Berkley Oil & Gas Mark Donahoe CPCU | United Fire & Casualty Jason D. Fielder, CPCU | Texas Windstorm Ins Assoc.

Cheryl A. Hobelman, CPCU | United Fire & Casualty Janis Lamontagne, CPCU |Highpoint Insurance Group Nicholas Lenoir, CPCU | Liberty Mutual Erin Love, CPCU | United Fire & Casualty Konae Mignott, CPCU | Chubb Limited US Kevin Nguyen, CPCU |Texas Mutual Insurance Co. Rick Sanders, CPCU | Liberty Mutual Insurance Company Stevie Smith, CPCU | Texas Farm Bureau Mutual Ins. Vicki Treadville, CPCU | Crum & Forster Joshua Weiner, CPCU |Texas Farm Bureau Mutual Ins.

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Steve Hernandez, Business Development, 5th Gear Enterprises, LLC is a leading provider of continuing education with 5th Gear Enterprises, which specializes in timely and customized continuing education for insurance and other professionals. steve@5thgearllc.com | 409-284-7905 Webinar & CE Topic: TBD Tue. 10/20

www.houstoncpcusociety.org

OTHER EVENTS Monthly meetings at Houston Racquet Club are being replaced by online webinars until further notice on the 3rd Tuesday monthly.

Tuesday 8/18 Webinar Tuesday 9/15 Webinar Tuesday 10/20 Webinar Tuesday 11/17 Webinar Tuesday 12/15 Webinar REGISTER Members and guests welcome! www.houstoncpcusociety.org UH-D, UH, TSU & Gamma Iota Sigma Students Free

RIMS WEBINARS Tentative dates for upcoming free webinars offered

by RIMS and open to Houston CPCU Society members include: Thursday, Sept. 10 – 11am Tuesday, October 13 – 2pm To confirm dates, times, presenters and register: https://www.houstonrims.org/insidepages/ meetings/details

Thanks to Houston RIMS for this opportunity!

Have you confirmed your Continuing Education for CPCU? The deadline is December 31, 2020, but no better time than the present. Just log in here and “Purchase Renewal” (that’s the name of the button, but it’s free).

Become a CPCU in good standing!!!

All CPCUs who completed their designation on or before June 30, 2016, were granted an initial reporting period until December 31, 2020. To remain in good standing after December 2020, those CPCUs must earn and report 24 hours of continuing education before the end of this year.

After this initial period, the next reporting period will end December 31, 2022 and all CPCUs will be on a two-year reporting cycle.

As a CPCU, you worked very hard to obtain your designation. CPCUs are expected to stay up to date on current issues that directly and indirectly impact our great industry, which can be found in our Ethical Code of Content. The CE for CPCU formalizes this requirement by recognizing those who report 24 credit hours every two years, work hard to remain informed and honor our Ethics codes.

Those who participate are publicly recognized on The Institutes’ good-standing list on their website.

It is always nice seeing those on this list who are committed to life-long learning!

The Institutes is launching digital badging next month, beginning with all CPCUs who will be in good-standing as of January 1, 2021. Fulfill your CE for CPCU requirement now and be one of the first to get the badge!

Get the Digital Badge

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In Memoriam Thomas James Baker, Jr. 1926-2020

Thomas James Baker, Jr. was born to Thomas James Baker Sr. and Frankie Pauline Anderson on July 12, 1926 and passed peacefully from this life on June 9th, 2020.

He was a fifth generation Houstonian. Tom was raised by his grandmother, Nellie Stabe Baker and attended Montrose Elementary School, and Lanier Junior High School. He graduated from Lamar High School. He took great pride in having earned the rank of Eagle Scout in Troop 11.

Tom enlisted in the Army AirCorps and served in the European Theater of Operations during World War II and received his discharge in 1946. He then attended the University of Houston and graduated in 1948 with a degree in Business Administration. On July 15, 1949 he married Barbara Ann Smith, whom he had known since she was five and he was seven years old. He often said that in Barbara the Lord gave him the best gift in that she was a wonderful person and devoted wife and friend.

Tom was a member of the Scottish Rite, Gray Lodge 329 and was a member of the Shriners for over 50 years.

A member of Chapelwood United Methodist Church, he took great pride that he and Barbara were honored as lifetime members of the board.

Tom was active in the insurance business for over 50 years and owned his own insurance agency through which he represented a number of insurance companies. He held the designation of Certified Insurance Counselor and was one of the first in Texas to receive that designation.

In 1983, he was the recipient of the Outstanding Service Award from the Independent Insurance Agents of Houston, and in 1989 he was honored with the Rex G. Foreman Award in recognition of distinguished contributions to the advancement of the American Insurance Agency system.

A former member of the Million Dollar Round Table for life insurance sales, he was elected Rookie of the Year in his first year of insurance sales.

He was predeceased by his wife, Barbara Ann Smith Baker, and his sister Nancy Baker Blane. He is survived by his daughter Cynthia Ann Baker Norris and son-in-law, Michael Brent Norris; son Thomas James Baker III and daughter-in-law, Donna Marie Baker; and daughter Nancy Ann Baker Marshall.

He is also survived by his grandchildren, Thomas James Baker IV, Sarah Margaret Norris, Mary Guyton McKellar, Thomas Dickson McKellar, and Ann Marie Baker. He is also survived by a brother, Phillips Stabe Baker.

In 1974, he was elected to the board of the Independent Insurance Agents of Houston, and became the President of that group in 1975, serving on the board for 19 years. Elected in 1980 as President of the Independent Insurance Agents of Texas. He also served on the board of the Independent Insurance Agents of America, a group with over 300,000 members, and became its President in 1987.

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The only Houstonian to ever be elected President of the IIAA, Tom was only the fourth Texan to hold that position in the over 100 year history of the association. Tom also served on the Board of Governors of the Certified Insurance Counselors and successfully moved the group’s offices from New York City to Washington D.C. During this period, he founded the Certified Service Representative Designation.

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Golf Classic

A DAY OF FUN & NETWORKING

The Golf Classic was held on Thursday, July 16th at Blackhorse Golf Club. Since we had to reschedule from the original date of May 5th, we changed the theme from “Cinco de Mayo” golf to “Hot” golf. Thanks to all of the golfers and sponsors who braved the 100 degree heat to get out and visit with other insurance professionals for the first time in 5 months! Despite the fact that some people were not allowed to attend because of COVID, we still had 104 golfers and it was great to see everyone. It was a little different to greet each golfer at the door with a thermometer to take their temperature, but that is the world we are living in these days.

As always, the event started with the Helicopter Ball Drop. This year we had two balls that actually made it in the hole! William Peachey’s ball went in first, followed by Wes Crawford. Then play commenced and all of the golfers rejoiced when they saw a beverage cart or a sponsor table with refreshments! I think we broke our record for beverages consumed!!! After play finished, we all gathered in the open-air pavilion for a nice dinner. Again, it was a little strange to have the meal served to us, but everyone seemed to not mind a bit! After the door prizes were distributed, the golf awards were handed out. Congrats to all of the winning teams and individuals. Unfortunately, we did not have anyone make a hole-in-one! I am hoping that some day soon, that will happen.

winners

Again, thanks to all of those that were able to participate in the event. It was great to see everyone in person and for those that were not able to be there, we hope to see you real soon. We miss seeing everyone as much as you do!

1st Place Zach Burdine, Jason Woordbury, Todd Anderson, Caleb Cooper 2nd Place Jorge Cruz, Brent Wieprecht, Michael Faterkowsk, Wes Foerster

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3rd Place Robbie Darnell, Jacob Thibodaux, Aaron Taylor, Chad Burns

Thank You Sponsors!

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President’s Message

Stay Safe & Stay Strong

Ladies and Gentlemen, It has been a very interesting year to say the least.

As my term as president comes to an end, I want to thank everyone for their support and dedication. For my last message, I want to leave you with one word.

Hope

Stuart Ray

President 2019-2020 sray@higginbotham.net 713-952-9990

It is easy to get caught up in the chaos. There are plenty of distractions daily. If you pause and take a moment to look, you will see a lot of good happening as well. Communities of all types are coming together to support one another. People are putting their needs aside to help others with bigger needs. We are communicating more regularly with each other than we ever have. All of these actions are making us better. We will get through this. I know we will. When we do, we will be better because of it. Keep your hopes up. Instead of looking at the bad, look for the “silver lining”.

Wake up every day with a smile on your face. Find a reason. Mine is my dog. He’s a 14 year old yellow lab. I have had him since he was eight weeks old.

Unfortunately he is close to the end. Every morning I wake up and say his name. When I hear him start to pant and his tail wag, you’re dang right, I smile from ear to ear. It’s going to be a great day. Keep your hopes high and stay determined. This will pass and we will be a stronger community because of it.

I wish everyone the very best! Thank you for everything.

Stay safe and stay strong!

Stuart Ray

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IMPACT

Make your Contribution

The Clock is Ticking Make Your Voice Heard and Influence Felt!

As the leading advocate for independent insurance agents in Texas, we know insurance laws inside and out—and we know who writes and enforces them. That’s why we have built long-lasting, ethical relationships with the policymakers, regulators, and political influencers whose opinions can sway our industry. And because we’re an organization for Texans by Texans, we’re able to talk about our state’s unique needs.

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Legislators and policymakers continually consider changing how our industry is regulated. Because of IMPACT, every legislator and policymaker in Texas recognizes and values the importance of independent insurance agents to the Texas economy.

We can’t do it alone! You can help strengthen our influence by contributing to IMPACT, IIAT’s political action committee. Your IMPACT contribution will help us defeat harmful bills and pass bills into law that benefit independent agents.

Learn more.

HELP US STRENGTHEN THE VOICE OF INDEPENDENT AGENTS.

The deadline to contribute is August 31 Donate Now |

https://iiat.formstack.com/forms/impact

IIAH Legislative Committee

by Thomas M. Braniff, JD, CPCU

- Sir Winston Churchill (former Prime Minister of the United Kingdom)

Mail-In Voting vs. Absentee Ballots Absentee Ballots are a great way to vote for many senior citizens, military, and others who cannot get to the polls on election day. These ballots are very different than 100% Mail-In Voting…which is ripe for fraud…and should not be allowed.

You may be wondering…exactly what the difference between Absentee Ballots and Mail-In Voting. Here’s the answer.

An Absentee Ballot is sent in the mail to an individual that has requested an Absentee Ballot for a statutorily authorized reason (i.e. over 65 years old, absent from the county on election day, military absence, etc.). The voter must file an application requesting an Absentee Ballot. The voter must prove who they are, and that they are living at the registered address. An Absentee Ballot is then sent in the mail to the registered voter’s address.

Mail-In Ballots are mailed to every voter registered in a city, county or state…even though the registered individual may not have voted in recent previous elections, or may have moved, or may even have died.

Most counties and states do not regularly purge their voter registration roles to ensure that registered voters are still alive, and still live at the same address.

There is no signature validation. There is no way to determine if the vote is actually cast by the registered individual… or someone else. There is no way of knowing if the person who marked the ballot is a legal citizen of the United States and the state in question.

A significant increase in Mail-In Voting this fall could greatly incentivize “ballot harvesting”, where third parties collect Mail-In Ballots on behalf of voters and deliver them to election officials. There’s been a long consensus that Mail-In Voting incentivizes fraud.

Legislative Update

“I contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket trying to lift himself up by the handle.”

Š Lighthouse Property Insurance Corporation 2020

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

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CORONAVIRUS AND WORKERS’ COMPENSATION AUTHOR: CHRIS BOGGS A pandemic is defined as, an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.

Although the media lives by the motto, “If it bleeds, it leads,” declaring a pandemic anytime more than a few people contract a virus, this time even the World Health Organization (WHO) is warning of a possible Coronavirus (COVID-19) pandemic. One Coronavirus expert, Professor Gabriel Leung, Chair of Public Health at Hong Kong University, says that unchecked, the virus could infect 60 percent of the global population meeting the definition of a pandemic.

intricacies of various state laws.

Qualifying as “occupational” is the relatively low hurdle.

The higher hurdle is whether the illness or disease is peculiar” to the work. If the illness or disease is not peculiar to the work, it is not occupational and thus not compensable under workers’ compensation. An illness or disease is “peculiar” to the work when such a disease is found almost exclusively to workers in a certain field or there is an increased exposure to the illness or disease because of the employee’s working conditions.

Coverage Spotlight

disease in question but on the facts surrounding the worker’s illness. Factors investigated and considered by medical professionals and the court include:

The timing of the symptoms in relation to work: Do symptoms worsen at work and improve following prolonged absence from work (in the evening and on weekends); Whether co-workers show or have experienced similar symptoms; The commonality of such illness to workers in that particular industry; An employee’s predisposition For example, black lung to the illness (an allergy or disease in the coal mining other medical issue); and industry is a disease that The worker’s personal habits My intent is not to accuse is peculiar to the work and medical history. Patients the media of sensationalism, of a miner. Coal miners in poor medical condition nor to intimate that WHO is are subject to prolonged (overweight, smokers, overreacting (I don’t think exposure to higher-thanunrelated heart disease, they are); my purpose is normal concentrations of etc.) and/or with poor family to answer the question, coal dust leading to black medical histories may be “what makes an illness an lung disease. This makes the more likely to contract a occupational illness” and disease peculiar to the coal disease or illness than others thus compensable under mining industry. in similar circumstances. workers’ compensation?

Bad habits and poor medical More specifically, how Another example of an history (and heredity) cloud does or might workers’ exposure “peculiar” to the the relationship between the compensation respond to the work is a healthcare worker occupation and the illness.

Coronavirus? contracting an infectious For example, smokers may disease such as HIV or be ill-equipped to fight off Two tests must be satisfied hepatitis as a result of the effects of illnesses to before any illness or disease, contact with infected blood. which others may have no including the Coronavirus, The worker’s unusual or problem being exposed. qualifies as occupational and “peculiar” exposure to such What About Coronavirus? thus compensable under diseases results in an illness workers’ compensation: that is occupational and Judged against the qualifying compensable. factors presented, does any “The illness or disease must disease or virus declared be occupational,” meaning Qualifying an illness or a pandemic create a true that it arose out of and was in disease as occupational workers’ compensation the course and scope of the and, more importantly, exposures? Does the employment; and the illness peculiar to the work (and Coronavirus crate a workers’ or disease must arise out of thus compensable) may compensation exposure? The or be caused by conditions ultimately require industrial short answer is, “not likely.” “peculiar” to the work. commission or court Other than the fact that the Whether an illness arises intervention to sort medical Coronavirus is currently out of and in the course and opinion from legal facts. No garnering intense attention, scope of employment is a one “test” is available to in most cases it is no more function of the employee’s declare an illness or disease occupational than the flu. activities. The simplest test compensable or nonUnless! toward determining whether compensable; each case is Only if it is proven that the an injury arises out of and judged on its own merits and employee has an increased in the course and scope of surrounding circumstances. risk of contracting the virus employment is to ask: “Was due to the peculiarity of the employee benefiting the Concluding that an illness his or her job might the employer when exposed to is occupational, peculiar Coronavirus be considered the illness or disease? Be to the work and ultimately occupational and thus warned, this “test” is subject compensable is not compensable. Remember, to the interpretations and necessarily based on the compensability as an

occupational illness requires something about the job that increases the risk of exposure and illness.

As intimated earlier, healthcare workers may be able to prove the necessary peculiarity being face-to-face with sick people ALL day to assert a compensable injury.

Which Policy Responds to Qualifying Occupation Illnesses and Diseases?

While the Coronavirus has a relatively short gestation period, other occupational illnesses and diseases often have long “gestation” periods. Employees may be exposed to the harmful condition for many years before the illness manifests.

It is also possible that the employee doesn’t contract the disease until years after the exposure ends.

The workers’ compensation policy specifically states that the policy in effect at the employee’s last exposure responds to the illness even if the employee is working for another employer or even retired at the time the disease manifests itself.

The Coronavirus Isn’t Special Coronavirus may be a humankind exposure rather than one peculiar to most employments.

Contracting the virus at work is not enough to trigger the assertion that it is a compensable occupational illness. To be occupational and compensable requires something peculiar about the work that increases the likelihood of getting sick. It is unlikely that both the “occupational” and “peculiar” thresholds can be satisfied to make most illnesses compensable” for the vast majority of individuals; the same is true of the new Coronavirus.

Last Updated: February 28, 2020

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Charitable Sporting Clays

Our Winners 1st Place Team Joe Taylor Brad Lind Clay Tatum Scott Margraves 2nd Place Team Chris Goff Ron Ingles JR Cooper John Hill 3rd Place Team

The Annual IIAH Charity Clay Shoot was held this year on Friday, August 7th. After a vote of the charitable and recreation committees earlier in the year, this years event was held for the first time at The Greater Houston Sports Club. I think by all of the feedback that I received, that this was a great venue and will serve us well for years to come. We had twelve teams that braved the Houston August heat and humidity to participate. An added attraction this year was Gun Powder Golf! For those of you that did not get to witness this fun event, you will have to come and see it next year. Everyone enjoyed the BBQ lunch, served by the IIAH staff in order to be compliant with COVID regulations!

Thanks to all of our teams and sponsors for participating and allowing us to raise some money for our 2020 charities: Brookwood, Camp Hope and Company OnStage

Matthew Sasso Brandon Frirth David Carroll

THANK YOU TO OUR SPONSORS LUNCH SPONSOR TEXAS MUTUAL INSURANCE COMPANY STATION SPONSORS CHUBB RENEWAL BY ANDERSEN OF HOUSTON SERVICE LLOYDS INS. COMPANY

Top Women’s Shooter Laura Farmer TOP Flurry Team Chris Goff Ron Ingles JR Copper John Hill 28

CIGAR SPONSOR COLUMBIA INSURANCE GROUP SNACK CART SPONSOR ALL RISKS, LTD. DOOR PRIZE SPONSOR NFIB

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Save the date for next year

FRIDAY 8.06.21

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Meetings have changed.

OUR PARTNERSHIP HASN’T.

MEREDITH SPEARS Vice President BKCW Insurance Agency

JEFF SEKIGUCHI Agency Specialist Texas Mutual Insurance Company

S TAY S A F E , T E X A S You’re important to your clients — and essential to us.

The COVID-19 crisis has changed the way we get together. But it hasn’t changed our partnership. As an agent, you’re essential to the success of our business. We’re committed to providing you with information, services and resources that help you do more for your clients. So whether we’re social distancing or talking face to face, our partnership will continue — and our alliance will only grow stronger. Learn more about our response to COVID-19 at texasmutual.com/partnership. © 2020 Texas Mutual Insurance Company | Texas Mutual Insurance Company is rated ‘A’ by A.M. Best Company.

NEW Mentorship Program for Insurance and Risk Management

The University of Houston Downtown Insurance and Risk Management Center is proud to announce its Mentorship Program to IRM majors. Mentors are an important part of personal and professional development.

They are guides through times when students need an industry professional who can provide advice and resources and point them in the right direction. Good mentors are enthusiastic people and enjoy the role they play in helping others achieve their goals.

A mentor is a professional

with sufficient experience and business skills to help students with their career paths hone their abilities and advise them on navigating the process of securing a career position. A mentor can be an incredible influence to a new industry professional in a broad range of scenarios, whether they provide pointers on how to improve a resume, navigate position applications with agencies and companies, negotiate job offers, assist with networking efforts, enhance leadership skills, provide contacts in the industry, or act

as advocates. If you are looking for ways to meet new entrants into the insurance field or those already working in the industry and you feel you can contribute to their career success and possibly build a lifelong relationship, please contact: Priscilla Oehlert, Director, Insurance and Risk Management Center P: 713-226-5552 E: oehlertp@uhd.edu

It’s The Law FIFTH CIRCUIT AFFIRMS DENIAL OF COVERAGE UNDER BUILDERS RISK POLICY EXCLUSION

August 12, 2020 The Fifth Circuit recently affirmed a summary judgment in favor of an insurer after coverage was denied under a buildersrisk policy. In Balfour Beatty Construction, L.L.C. v. Liberty Mutual Fire Insurance Company, 2020 WL 4435430, (5th Cir. Aug. 3, 2020), Balfour sought coverage for damage done to windows during a welding project on a commercial office building. When Liberty denied coverage, Balfour sued for breach of contract and violations of the Texas Insurance Code. Liberty removed to federal court and the parties cross-moved for summary judgment solely with respect to the breach of contract claim. The district court granted Liberty’s

motion for summary judgment and denied Balfour’s motion.

On appeal, the parties agreed that the claim involved “direct physical loss or damage” that falls within an Exclusion because it resulted from an act of construction, workmanship, or installation. Therefore, absent the Exception to the Exclusion, Balfour is not entitled to coverage. The parties disputed whether the Exception to the Exclusion applies. Balfour argued that the Exception reinstates coverage for their claim or, in the alternative, that the Exclusion and the Exception are ambiguous, and that the language of those clauses should be construed in their favor.

As an initial matter, the Fifth Circuit reasoned that they need not determine

whether the Policy is an “allrisks” policy because each policy must be interpreted individually. Second, the court found the ensuing loss Exception did not reinstate coverage because it would require two separate events to occur. Here, the welding operation and falling slag that caused the damage were not two separate events. The court also found that the Policy was not illusory because it would provide coverage in certain situations. Further, the court concluded that any argument regarding ambiguity had been waived and the policy was not ambiguous. The court found that the claim does not fall within the Exception and therefore was excluded.

Summary Judgment in favor of the insurer was affirmed.

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

Fundraising Event About This Campaign The IICF Houston Chapter is celebrating their fourth annual fundraising event by inviting you to participate and challenge your peers in our annual sporting clay tournament all while raising funds for the IICF Houston Chapter Community Grants Fund.

If you would like to be invoiced for your sponsorship, click here and download our sponsor form. Completed sponsor forms can be emailed to: Tiffany Ross at tross@iicf.com

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Have you Heard?

MIDLANDS CELEBRATES 30 YEARS OF SUCCESS OKLAHOMA CITY, OKLAHOMA - (August 1, 2020) – Midlands Management Corporation, a leading wholesale broker, is celebrating its 30-year anniversary.

Starting as a small, niche Excess Worker’s Compensation provider in 1990, Midlands has grown into an industry-leading wholesale broker/MGA, program administrator, claim services provider and risk management firm employing hundreds.

It has been a tremendous success story by any measurement and all because the people involved. No exceptions. In our business, not many survive 30 years, but thanks to the efforts, dedication, loyalty and professionalism of the agents, underwriters, brokers and industry partners involved, Midlands has and continues to go forward. We are especially grateful to Oklahoma agents for their devotion all these years.

-Charles C. Caldwell, CEO Midlands Management Corporation is a leader in the wholesale brokerage and insurance services industries, with specialty in work injury benefits, especially Excess Workers’ Compensation, Texas Non-Subscriber and Occupational Accident.

Shaped by values and backed by expertise, Midlands offers superior program management capabilities and innovative insurance solutions.

Find out more at midlandsmgt.com

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Have you Heard?

LUBA Workers’ Comp hires David Tucker, a long-time workers’ compensation executive, as Vice President and Sales Manager Baton Rouge, La. (August 12, 2020) – LUBA Workers’ Comp, on the heels of announing expansion into three new states, has hired long-time workers’ compensation exeutive David Tucker as Vice President and Sales Manager. “David Tucker brings more than a decade of insurance industry experience with him including agency relations, risk mitigation, opertions, underwriting, and safety services,” said David Bondy, Founder and CEO of LUBA Workers’Comp. Tucker, a Nicholls State alumni, serves on the Better Business Bureau of South Central Louisiana Board of Directors and is involved in the Northshore Food Bank focused on feeding school age children in Covington, La. Most recently, LUBA Workers’ Comp entered into three new states Oklahoma, Tennessee, and Alabama. This expansion brings their total number of states served to seven.

About LUBA Workers’ Comp Founded in 1991, LUBA Workers’ Comp is a regional casualty insurance company covering businesses in Louisiana,Mississippi, Arkansas, Texas, Oklahoma, Tennessee, and Alabama through select, independent insurance agencies.

LUBA, with a rating of “A- Excellent” from A.M. Best Company, insures over 196,000 workers across 4,000 policieswith more than $80 million in direct written premiums.

LUBA’s motto, “Genuine Dependability” captures the essence of its relationship-driven work philosophy providing customers with superior customer service and complete claims support.

Learn more about the LUBA difference by visiting lubawc.com

Working Through

How is the agency doing?

Whether your office has returned to “normal” or you continue to utilize a remote workforce, good operations require constant re-assessment.

What a staggering, head-spinning couple of months we have experienced because of COVID-19. Agencies have had to make some quick decisions to address social distancing and stay-at-home mandates. As an “essential service” some jurisdictions have allowed agency offices to stay full staffed, even though contact with the public may be restricted. Other agencies have limited the number of employees allowed in the office at any given time, allowing only those employees needed to support administrative tasks which could not be performed off site.

While some agencies had already created a detailed strategy for handling pandemics in their Catastrophe Plan, others may not have thought beyond having employees simply work from home. A lot of decisions had to be made in a short time frame, and since agencies had no other choice, they made it work. Regardless of their level of preparedness, agency principals and managers agree that they have learned a lot from this recent experience.

For many of you reading this article, the stayat-home order has not yet been lifted, and you continue to manage a remote workforce. You may have been amazed to discover the adaptability of your employees, demonstrating initiative and professionalism as they embraced the changes in their work environment. You may also have been impressed by the resilience of your customers, who rely on your counsel and expertise while communicating with you in new and surprising ways.

You deserve a pat on the back for pulling everything together. Now it is time to stop, take a breath and make sure nothing has been overlooked. Set aside some time to evaluate what has been done and in hindsight, what might still be improved on.

Because of technology, employees are not only able to work from home, but can be as productive

COVID-19 as when working in the office environment. The key is providing a workspace that mirrors the office workstation as much as possible. Encourage employees to create an area, with a desk/table and chair that provides ergonomic support and reduces fatigue. Furnishing the employee with an additional monitor and full-sized keyboard is important. It is more likely that employees will follow agency procedures and remember the steps in completing each task if their environment mirrors the one to which they are accustomed.

Although it may be tempting to allow employees to use their own laptops or computers, it is much easier to control security with agency-owned equipment. Consider providing each employee with a laptop to be used only for agency business.

If you currently do not have a Security and Privacy policy, now is the time to implement one which can clarify expectations when working remotely. Include requirements to sign off computers when leaving a workstation, instructions in handling suspicious email, and refraining from downloading programs or installing apps.

Digital phone systems and VoIP capabilities allow calls to be easily transferred to an employee at home. Even so, some employees have given clients their own personal cell phone numbers to avoid going through a main switchboard. Consider the long-term effects of using personal numbers and weigh that against the cost of providing a direct number for each employee. Providing headsets or ear buds will allow employees to be hands-free when on the phone.

In servicing customers, some documents may need to be mailed rather than sent digitally. Even if an employee has a printer in their home, it is best to have the documents sent to a printer in the office, allowing an administrative person to print the queues and mail the documents. If your agency does not have this capability, then a PDF of the document can be sent to the administrative assistant for printing and mailing. When it comes to scanning, some creative employees have been known to capture the image with their cell phones and then email that image to their work email.

This practice should be discouraged unless the email used on the cell phone is actually their work email. Personal email does not provide the security needed to transmit protected documents, such as applications.

In addition to printing and handling outgoing mail, someone needs to be assigned functions that can only be performed in the office. This could be an administrative assistant or other employee or manager. Handling and distributing incoming mail, applying or forwarding premium payments, and making bank deposits. Some agencies have placed drop boxes or use mail slots to allow customers to easily make payments. However, a disclaimer should be posted stating that the agency cannot guarantee continuation of any policy until the payment is accepted by the carrier. Also, create a system to handle customer original copies of policies and endorsements. Consider whether they should be sent immediately or held until released by the account manager or CSR, perhaps together with invoices, letters or other documents.

The most critical piece of handling remote workers is communication. If handled correctly, you will find that your teams have become more cohesive than ever, eventually returning to the office with a renewed sense of commitment to their job and support of your agency mission. While some do their best work independently, others need a sense of connection and reassurance. Managers should try to speak to each employee one-on-one at least weekly, while being responsive to email or instant messaging. Continually provide positive reinforcement and help employees feel valued.

Use video conferencing to hold daily team or department meetings. This gives employees the opportunity to share concerns and trouble shoot problems while feeling an active and respected member of the agency. You can use team meetings or email to update staff on what carriers are doing related to coverage issues or premium payment options.

With so much going on, it is understandable there is an increase in an agency’s E&O exposure. If an employee’s home environment causes more distractions, it is easier to forget to complete a step in a process, or to finish documenting the last

phone call.

Employees are experiencing an increase in questions from customers related to COVID-19 and if not handled properly, can lead to E&O activity.

Some inquire as to whether coverage applies to virus contamination, action of civil authority or business income. Care should be taken to avoid confirming or denying coverage, but rather submit all claims to the appropriate carrier. Commercial customers with remote workers in other states may need to obtain Workers Compensation coverage for those states. Some businesses may have retooled manufacturing processes to create medicalrelated products. Restaurants, pharmacies and others are offering delivery service which had not been included in their coverage in the past. Many businesses have had to shut down or reduce the number of employees, which has caused the need to adjust premium basis such as sales or payroll.

Customers are requesting coverage be removed or suspended for vehicles or equipment not currently in use. Many customers are making claims for coverage that may not exist under their policy. All of this adds up to a lot more E&O exposure than in the past.

The fallout from COVID-19 will continue well into the future, long after the remote workers have returned to the office. Regardless of the issues, continue to educate your employees and offer guidance for handling emerging concerns. Create a strong agency standard that all claims be reported to the carrier, even if the employee feels there is no coverage. Never deny or acknowledge coverage related to a claim rather submit the claim and let the carrier handle it.

The checklist provided here can be used to confirm all areas are currently being addressed. If your employees have already returned to the office and resumed working the “new normal”, you can use this checklist to help develop your own action plan for better preparation in the unknown future.

Mary LaPorte, CPCU, CIC, LIC, CPIA, AINS is a consultant specializing in agency operations and E&O loss control.

With over 40 years of insurance industry experience, she helps agencies develop internal E&O loss control programs and create efficiency and consistency in workflows.

She is owner of LaPorte Consulting, LLC www.lpinsuranceconsult.com and acts as secretary for AAIMCo (American Association of Insurance Management Consultants)

www.aaimco.com 41

Who has the Last Word Q: What is your pet peeve in traffic?

A: Other drivers..all of them

Jason Nybakken Q: Where you work: A: IBC Insurance Agency, Ltd. Q: What sound do you love?

A: The growl of a supercar engine

Q: Do you have any hidden talents?

A: Unconsciously learning the signal patters of traffic lights.

Q: What is your favorite flavor of jelly beans?

A: Orange

Q: What is your LEAST favorite electronic device?

Q: If you could paint a picture of any scenery A: a phone.. in other drivers’ hands you’ve seen before, what would you paint?

A: Nice, France looking fown from Castle Hill Q: What is the longest car trip you have ever towers taken?

A: Grand Prairie, Alberta, Canada Q: What was the first thing you bought with your own money?

Q: Can vegetarians eat animal crackers?

A: Levis and a Guess T-Shirt A: Only if they haven’t been harmed during manufacturing Q: If you could choose to stay a certain age forever, what age would it be?

Q: Ninjas or pirates?

A: 35 (Old enough to know better, still too A: Ninjas all day young..)

Q: What was your favorite childhood Q: What did you do growing up that got you television program? into trouble?

A: Transformers A: Party.. too many parties.

Q: Are you a collector of anything?

Q: What is something you learned in the last A: Insurance Knowledge..(that was lame) week?

A:Sports without fans is better than no Q: At a movie theater, which arm rest is sports at all yours?

A: Movie Theaters..we still have those?

Q: Weirdest thing you have ever eaten?

A: none A: Peanut Butter, Jam and Syrup on Pancakes

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The E&O Connection Between Civil Unrest, Catastrophes and Property Coverage June 30, 2020

Widespread property damage from civil unrest and catastrophes uncover weaknesses in property insurance programs like nothing else. As we know too well, disgruntled and unhappy insurance clients often lead to E&O claims. The following description of a true-life E&O claim demonstrates the importance of Documentation and regular review with renewing clients: Andrew placed Commercial Property coverage for his client who was a real estate developer. Among the properties he owned, the real estate developer owned a shopping center.

The agent and the property developer had verbal discussions when the policy was initially placed regarding the value of the property. According to the agent, the value of the building was ultimately determined by the real estate developer, but nothing was put in writing by the agent to reflect how the value was determined or whether the client agreed with the valuation.

The agent procured a replacement cost property policy with $2.5 million in replacement cost for the building.

The policy was then renewed each year for five years. During this time, neither the agent nor the client revisited the issue of the valuation of the property or considered or discussed possible increases in the value of the property.

The shopping center then burned to the ground. When the client submitted

the claim, the carrier paid the limit of the policy. However, the property owner claimed that the replacement cost of the property was actually $7 million and claimed that the property was undervalued. The real estate developer admitted receiving the renewals each year but not reading them. He further claimed that he completely relied on his agent to determine the appropriate insurance coverages, that it was the agent that set the initial value of the property and that the agent never recommended an appraisal at any point. The real estate developer proceeded to file suit against Andrew and his agency.

Lately, we see images of widespread property damage on every news station, which serve as a warning to examine your accounts and identify potential coverage weaknesses.

A few fundamental questions to consider include: Are the property values correct and are they correctly documented?

Are the Named Insureds correct?

Has the Business Income coverage been calculated correctly and is it documented correctly?

Have coverage exclusions, restrictions, and sub-limits been communicated with the client and documented correctly?

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When strength and stability matters…

We can get you there!

RSI INTERNATIONAL, INC. Managing General Agency

Arlington • St. Louis

Toll Free: 800.275.2084

www.rsimga.com Property | Liability | Contractors | Environmental Inland Marine | Garage | Professional | Homeowners

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RSI International, Inc. | 1250 East Copeland Rd. | Arlington, TX 76011 | 800.275.2084

Events October 29-31 Fishin’ with a Mission

February 23 YIP’s Salute to Exhibitors Social

February 24 Houston Insurance Day

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Maintaining a safe workplace shouldn’t be a daunting task.

Protecting the workforce is what we do at Summit, and we’re here to help every step of the way.

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Policies are underwritten by Bridgefield Casualty Insurance Company and Bridgefield Employers Insurance Company, authorized insurers in AL, AR, FL, GA, IN, KY, LA, MS, NC, SC, TN and TX; BusinessFirst Insurance Company, authorized in FL, GA, IN, KY, NC, SC and TN; RetailFirst Insurance Company, authorized in FL; Retailers Casualty Insurance Company, authorized in AL, AR, LA, MS and TX. ©2020 Summit Consulting LLC (DBA Summit, the people who know workers’ comp LLC) PO Box 988, Lakeland, FL 33802. All rights reserved.

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