January 2018 WI Independent Agent

wisconsin

INDEPENDENT AGENT JANUARY 2018

MATT BANASZYNSKI

What’s New?

What’s Not?

Now a billion dollar company . . . and still growing! (Sales passed the mark in 2016.)

Secure financial strength that comes from being a member of the Berkshire Hathaway family.

Nationwide geographical scope.

Our A+ (”Superior”) A.M. Best Company Rating.

An increasingly robust product suite that features Workers’ Compensation, Businessowner’s Policy, Commercial Auto, Umbrella, and Professional Liability coverage.

Average annual growth in premium in excess of 25% per year for the past five.

Broader appetite for select risks (including Total Insured Property Values as high as $50 million for certain industries and risks).

Ongoing product and service enhancements to win renewals and keep a high retention ratio.

Our focus on being data-driven and using business intelligence to gain a competitive edge.

Higher A.M. Best financial size (i.e., “X”).

A superior combined ratio that (according to A.M. Best) outperforms our peers.

Enhanced infrastructure to support growth.

Our commitment to distribution through independent agents!

Balancing Change with Continuity!

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W RO T

Berkshire Hathaway

GUARD

Insurance Companies

We have agency appointments available.

Go to www.guard.com/apply!

ILIT Y AB

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wisconsin

INDEPENDENT AGENT JANUARY 2018

InsurCon2018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Association News Banaszynski Named Young Gun of the Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Agency Operations Combat Cybercrime and Protect Your Agency with Simple Security Steps. . . . . . . 8 Sales How to get Positive Google Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Agency Management The Insurance Agency Talent Gap. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Three Barriers to Building Relationships at Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commentary from Counsel Intermittent Leave Requests: The WFEA Piles onto the Legal Heap . . . . . . . . . . . . 14 Government Affairs DWD Adds Another tool to Connect Employers with Talent . . . . . . . . . . . . . . . . . . . 17 Employee Benefits The Top Employer Benefits Trends of 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Virtual University| It’s Important to list All Insureds if you are Trying to Avoid E&O Suits. . . . . . . . . . 20 Errors and Omissions When Tomorrow Never Comes: The Challenge of Business Continuity Planning. . 22 Emerging Leaders Spotlight Jill Zauner, Benchmark Management Group. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Errors and Omissions If You’re a Lawyer, You Don’t Need to Read this. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Risky Business Can Your Website be used against you? Abolsutely!. . . . . . . . . . . . . . . . . . . . . . . . . . 27 Members in the News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Food for Thought. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Independent Insurance Agents of Wisconsin 725 John Nolen Drive, Madison, Wisconsin 53713 Phone: (608) 256-4429 or (800) 362-7441 ■ Fax: (608) 256-0170 ■ Web: www.iiaw.com Executive Vice President - Matt Banaszynski 2017-2018 Executive Committee President............................................................ Lise Meyer Meyer Insurance - P.O. Box 633, Sauk City, WI 53583 President-Elect.................................................... Jason Bott Robertson-Ryan & Associates - 330 East Kilbourn Ave., Milwaukee, WI 53202 Secretary-Treasurer......................................Chris Costakis Avid Risk Solutions- 2501 Parmenter Street, Ste 200A Middleton, WI 53562 Chairman of the Board................................. Matt Weimer Diversified Insurance Solutions - 100 North Corporate Dr., #100, Brookfield, WI 53045 State National Director ................................Steve Leitch Leitch Insurance - P.O. Box 85, River Falls, WI 54022 2017-2018 Board of Directors Mike Ansay, Ansay & Associates 101 East Grand Ave. #11, Port Washington, WI 53704 Cindy Burns, Burns Insurance 500 South Central Ave., Marshfield, WI 54449 Marc Petersen, American Advantage-Petersen Group 15171 W. National Ave., New Berlin, WI 53151 Jack Riesch, R&R Insurance Services P.O. Box 1610, Waukesha, WI 53187-1610 Chad Tisonik, HNI 16805 W Cleveland Ave, New Berlin, WI 53151 Pam Utpadel, Universal Insurance Advisors 100 West Lawrence St. Suite 313, Appleton, WI 54911 Ryan Waite, Neckerman Insurance Services 6200 Mineral Point Road Madison, Wisconsin 53705 Darrel Zaleski, Spectrum Insurance Group 4233 Southtowne Drive, Eau Claire, WI 54701

WISCONSIN INDEPENDENT AGENT

2017-2018 Committee Chairs Agency Services ............................................Kim Dandrea M3 Insurance - N19 W24200 Riverwood Dr. Waukesha, WI 53188 Automation/Technology ...............Cathleen Christensen Hierl Insurance - P.O. Box 949, Fond du Lac, WI 54936 Emerging Leaders ..........................................Ryan Waite Neckerman Insurance Services - 6200 Mineral Point Road Madison, WI 53705 Employee Benefits.......................................... Mike Farrell David Insurance - 1300 South Green Bay Rd Racine, WI 53406 Government Affairs .......................................Jeff Thiel R&R Insurance Services - P.O. Box 161 Waukesha, WI 53187 Carrier Relations ......................................... Kevin Murray Johnson Insurance Services - 525 Junction Road, Madison, WI 53717 Marketing/Membership Development....Jamie Durocher Arlington Roe- 2 Carlson Parkway N., Suite 175 Plymouth, MN 55447 Technical...............................................Timothy Kakuska Robertson-Ryan & Associates - P.O. Box 547 La Crosse, WI 54602

On The Cover…

Matt Banaszynski was selected as the Young Gun of the Year at the Insurance Business America Magazine’s Award Ceremony on November 29, 2017 at Chicago’s Navy Pier.

The recognition was given as part of the Insurance Business Awards America 2017. The November ceremony, which recognized the “brightest and best” in the insurance industry, was sponsored by Key Media International, publisher of Insurance Business Magazine, Insurance Business Online and Insurance Business Awards Canada. The event marked the first time that the awards had been given out in the United States. Thousands of Insurance Business America readers selected finalists for the awards in 23 categories. 13 individuals were announced as finalists in the Young Gun category and IIAW’s own Matt Banaszynski took home to top prize in his category.

> A DVERTISERS & INFORMATION AAA Wisconsin................................................. 30 Acuity Insurance.............................................. 31 Badger Mutual................................................. 29 Berkshire Hathaway/Guard............................... 2 Erickson Larsen................................................ 19 IIAW Pre-licensing Classes...............................18 IIAW CE.............................................................10 Integrity........................................................... 16 New Level Partners......................................... 26 ProtectYourAgency.com.....................Back Cover Robertson Ryan & Associates.......................... 27 SECURA........................................................... 25 The IMT Group................................................... 9 West Bend..........................................................21 JANUARY 2018 | 3

2018

REGISTRATION INFORMATION Your annual convention registration options are below.

Option A F ull Registration, both Tuesday and Wednesday Early bird pricing: Member: $209 Non-Members: $249 After February 28: Member: $249 Non-Members: $299 Option B Full Registration, Spouse $149 Option C T uesday Only Member: $169 Non-Members: $209 Option D W ednesday Only Member: $189 Non-Members: $229 Group reservations of 6 or more receive a 10% discount. This applies to full registrations only. For complete descriptions, please go to IIAWConvention.com.

Cancellations received by April 6 will be refunded less a $20 processing fee. No refunds will be given for cancellations received after April 6. Attire is business casual for all convention events.

Questions? Please Please call the IIAW at (800) 362-7441 or (608) 256-4429. Refer to IIAWConvention.com and our e-brochure for the latest convention information and expanded details of each session.

HOTEL INFORMATION All convention events take place at the Madison Marriott West. 1313 John Q Hammons Dr. Middleton, WI 53562 Phone: (608) 831-2000. Rooms in our reserved room block are available at the price of $145/night for May 8 & 9. The last date to receive the room block, discounted rate is April 16th, 2018. Additional rooms for May 8 & 9 can be reserved at the Comfort Suites. 1253 John Q. Hammons Dr., Madison, WI, 53717 Phone: (520) 257-3116. Please indicate that you are attending the IIAW Annual Convention to ensure the group rate. The hotel reservation deadline is April 15, 2018.

EXHIBITOR INFORMATION Exhibitor registration fees are as follows: Early bird pricing: M ember registration: $850 Non-member: $950 After Feb. 28: Member registration: $900 Non-member: $1000 For complete details and to register as an exhibitor, please visit IIAWConvention.com.

Exhibitor fees include 2 Registrations to the entire Convention.

FEATURED SPEAKERS BLAKE MORGAN is a Customer Experience Futurist. Her first book is “More is More: How The Best Companies Work Harder And Go Farther To Create Knock Your Socks Off Customer Experiences.” Blake is adjunct faculty at the Rutgers executive education MBA program. Blake contributes to Forbes, the Harvard Business Review and the American Marketing Association. She is the host of The Modern Customer Podcast and a weekly customer experience video series on YouTube. She has worked with Intel, Verizon Wireless, and many more. She lives in the Bay Area with her husband, daughter and their two Yorkie rescues.

Her work has been endorsed by the CEO of 1-800 Flowers Chris McCann, the CEO of ACE Hardware John Venhuizen, Claire Burns, Chief Customer Officer, MetLife, Darren Pleasance, Managing Director, Global Customer Acquisitions, Google, Andreas von der Heydt, Director of Kindle, Amazon, James Staten, Chief Strategist, Microsoft Cloud, Zoher Karu, Chief Data Officer, ebay, Pete Blackshaw, Global Head of Digital and Social Media, Nestle, Vala Afshar, Chief Digital Evangelist, Salesforce, and Nova Spivack, Entrepreneur, Investor, Grandson of Peter Drucker.

In addition Blake is the host of The Modern Customer Podcast where she’s interviewed the CEO of AT&T Mobility, the CMO of Xerox, and the President of FedEx Express Canada. She is also the host of a weekly customer experience video series on YouTube called Blake’s Take.

DOUG LIPP Build the Culture. Live the Culture. Differentiate! Candid. Passionate. Relevant.

Doug Lipp is on a crusade to help organizations strengthen their corporate culture, boost business performance, and unapologetically, have fun while doing it. Doug is a distinguished international consultant, eight-time author, and former head of training at the legendary Disney University.

Drawing on his 30 plus years of combined experience at Disney and in private practice, Doug inspires and challenges hundreds of organizations worldwide. In presentations, he shares how Disney overcame spectacular strategic challenges to unleash one of the most improbable success stories in corporate history. Through riveting examples and powerful, relevant stories about innovation, service, value and leadership, Doug pulls back the curtain and reveals the behaviors, tools and attitudes that are representative of cultural excellence at Disney and other great institutions. He also discusses common organizational traps that undermine companies and impede their ability to build a thriving and sustainable culture. Consistently ranked as one of the best presenters every time he speaks, Doug painstakingly researches and customizes each of his presentations and workshops.

MARCUS SHERIDAN Called a “web marketing guru” by the New York Times, the story of how Marcus was able to save his swimming pool company, River Pools, from the economic crash of 2008 has been featured in multiple books, publications, and university case studies around the world – and is also the inspiration for his latest book, “They Ask, You Answer,” which was dubbed the #1 marketing book to read in 2017 by Mashable and one of “11 Marketing Books Every CMO Should Read” by Forbes.

Known for his incredibly unique ability to excite, engage and motivate live audience, Sheridan has become a highly sought-after international keynote speaker and consultant in the digital sales and marketing space and is, according to Forbes, 1 of 20 “Speakers You Don’t Want to Miss.” As founder and president of The Sales Lion, he also works with hundreds of businesses, helping them to become the most trusted voice in their industry while navigating the ultra-fast rate of change occurring within consumers and buyers today.

TUESDAY, May 8 9:00 – 11:00 AM

IIAW BOARD MEETING

11:30 AM

CONVENTION REGISTRATION OPENS

12:30 PM – 2:00 PM

CE SESSION E&O Mock Trial: Not Your Trial…Yet (2 CE) Speakers: Mallory Cornell, IIAW and Josh Johanningmeier, Godfrey & Kahn

12:30 PM – 2:00 PM

INNOVATION SEMINAR- What does Omni-channel Servicing mean to the Independent Agent Speaker: Auto-Technology Committee

2:00 – 2:15 PM

Networking Break

2:15 – 3:45 PM

CE SESSION- Data Breach (2 CE) Speaker: Michael Schultz, Burns & Wilcox

2:15 – 4:45 PM

CE SESSION- The Road to Ethics (3 CE) Speaker: Brian Sorge, WPS Insurance

4:00 – 4:45 PM

TO BE ANNOUNCED Speaker: TBD

5:15 – 5:45 PM

Business Meeting

5:45 – 6:30 PM

Networking Break

6:30 – 9:00 PM

AWARDS RECEPTION AND ENTERTAINMENT Heavy hors d’oeuvres and cocktails. (All attendees encouraged to attend)

2018

WEDNESDAY, May 9 7:15 AM

CONVENTION REGISTRATION OPENS Light Breakfast Buffett (outside rooms to take into classroom)

8 AM – 8:50 AM

CE SESSION- Employment Agreements for an Independent Insurance Agency (1 CE) Speaker: Josh Johanningmeier, Godfrey & Kahn

8 AM – 8:50 AM

CE SESSION- Prepare for the New Mandatory Cyber Security Regulations (1 CE) Speaker: Matt Banaszynski & Mallory Cornell, IIAW

8 AM – 8:50 AM

CE SESSION Affordable Care Act Update- (1 CE) Speaker: Dave Grunke

9:00 AM – 9:15 AM

WELCOME REMARKS IIAW President, Lise Meyer Kobussen & IIAW CEO, Matt Banaszynski

9:15 AM 10:00 AM

A Simplified Approach to Shaping Customer Experience with Technology Speaker: Blake Morgan When you think of customer experience technology does your mind start spinning? There’s a lot of technology out there, so how do you decipher what will actually help your company? Most of us are familiar with a traditional CRM, but what critical components of your customer program do you need beyond that? There’s a lot of buzzwords being thrown around: digital transformation, machine learning, automation, artificial intelligence, IoT…it’s all so overwhelming! In this workshop we simplify what an ideal technology stack looks like and how you can get it without draining your company of all resources. In this session we’ll give you a completely unbiased view of what the critical components of a customer experience technology program should be.

You will learn: a Examples of technology that delivers great cx a Taking the scary out of technology a Making the business case for technology within your company a Innovating with IT in your business a Practical approaches for amazing ROI on tech oriented CX projects

10:00 AM 10:15 AM

Networking Break

10:15 AM – 11:00 AM

The Magic of Exceptional Customer Service Speaker: Doug Lipp How has Disney managed to keep its employees and customers so fiercely devoted to the brand? How has it managed to continually top the charts as one of the world’s most loved brands? How can you learn from its practices to catapult your organization’s service strategies to even higher levels? Learn the four components that are at the heart of Disney University: Innovate. Support. Educate. Entertain. Discover how legendary service is a delicate balance between art and science. “Doing the ordinary in an extraordinary fashion” isn’t rocket science; customer service excellence must be ingrained throughout your culture. In this ever-changing economy, more companies than ever are realizing the strategic importance of transforming their service culture to differentiate themselves from competitors.

11:00 AM – 11:45 AM

Leadership and Service Magic- Innovation, Transformation and Growth Workshop Speaker: Doug Lipp Leaders build the culture, live the culture, and reinforce the culture every single day. Leadership has always set the tone within an organization, but today there’s growing consensus that a winning, sustainable culture is only achieved when it is ‘actively’ steeped throughout the entire organization. In this workshop Doug will help you Innovate, transform and grow your agency!

11:45 PM – 12:45 PM

LUNCH BUFFET & NETWORKING BREAK

1:00 PM – 1:45 PM

The Digital Seller: How to Make the Internet Your Best Friend and Dramatically Increase Sales Success Speaker: Marcus Sheridan We’ve all heard about the “digital consumer,” but what about the “digital seller?” Studies have shown that over 70% of the buying decision today is made BEFORE someone actually talks to a sales person. This shift has had a dramatic impact on Sales Teams around the globe, and few have managed to properly adjust to this change in where the sales cycle actually starts. In this talk, Marcus Sheridan will explain exactly what Sales Teams must do in order to embrace the new way consumers buy and ultimately become “digital sellers” in the process.

2:00 PM – 3:00 PM

CEO PANEL (1 CE) Featuring Progressive, West Bend Mutual Insurance & Burns & Wilcox

3:15 PM – 5:45 PM

CONVENTION SHOWCASE & NETWORKING

6:00 PM – 9:00 PM

COMPANY HOSPITALITY & ENTERTAINING

9:00 PM – 12:00 AM

INSURCON BASH - BIG ANNOUNCEMENT COMING SOON * More details will be forth coming. Details above are tentative and subject to change. CE credits are in the process of being filed and we will update the information once they have been approved.

Visit IIAWConvention.com for complete details

BANASZYNSKI NAMED YOUNG GUN OF THE YEAR

BY INSURANCE BUSINESS AMERICA MAGAZINE Young Gun of the Year: Just 34 years old and a CEO for 7 years already.

He’s just turned 34 and he has already been an Association CEO for seven years. Perhaps, then, it’s unsurprising that Matt Banaszynski was last week named the Young Gun of the Year at the inaugural Insurance Business America Awards in Chicago.

A former staffer in the US Congress and the Wisconsin Legislature – working largely on insurance and healthcare public policy – Banaszynski made the move to Independent Insurance Agents of Wisconsin in 2010 as a VP, before taking the reins a year later.

“My board of directors, and the people involved in the organization, put a lot of faith in a young guy to come in and take over and change the organization, to make a lot of reforms to it, so to speak.”

As a “young guy”, Banaszynski sees one of his roles in the industry as helping to change the public perception around insurance, especially for the next generation, he said.

“Our industry is a phenomenal industry, but the perception out there regarding careers in the insurance industry – and just the perception of the industry as a whole – isn’t necessarily the most positive among

One of the secrets to his success, Banaszynski said, was surrounding himself at an early stage with people he could lean on for advice and guidance, he said.

It’s a novel approach, but one that showed drive and ambition, and certainly seems to have paid off.

“When I was young and in a leadership position, I went out created a personal ‘board of directors’, and that involved CEOs from brokers, CEOs from insurance companies, and [people] from outside the industry, to help provide personal and professional guidance. Having that personal board of directors to bounce ideas off and go to … that was an incredible resource and continues to be so.”

But as much as he has accomplished already, there is still a long way to go in Banaszynski’s career. So, what does he see the future holding?

“As somebody who has, you know, 30 years left in the insurance industry, personally, all the insurtech and innovation and disruption that is occurring, that excites and enthuses me.

younger generations. So, I’ve really wanted to go out and change that perception and put a younger face and a younger voice [to it] and bring a different perspective to what the industry has to offer.

“I know there are a lot of people out there who believe this innovation and disruption will spur disintermediation, but I don’t necessarily see that,” he said.

“I’ve always tried to be an advocate and a resource for the independent agency channel, but I’ve also seen myself as an advocate for careers in the insurance industry, for financial literacy, helping people get a better understanding of the importance of insurance and why they need it – to just give back to the industry in a variety of capacities, while being that voice and champion for the industry.”

“There are going to some challenges, and there are some profound changes that are definitely going to take place – but I’m excited about it. There will be new opportunities and I think the agentbroker channel … will have to redefine their value proposition to the consumer and they’ll have to change their businesses models to stay relevant and competitive.”

6 | JANUARY 2018

WISCONSIN INDEPENDENT AGENT

ASSOCIATION NEWS

REPRINTED FROM INSURANCE BUSINESS AMERICA

About Insurance Business America Awards

About the Award

For 6 years, Insurance Business Awards, brought to you by Key Media International, publisher of Insurance Business Magazine, Insurance Business Online and Insurance Business Awards Canada, has celebrated excellence in Insurance Business around the world including United Kingdom, Australia, Canada, Singapore and New Zealand. This prestigious and globally recognized annual event has now arrived in Chicago!

Hundreds were nominated, 13 were selected as finalists and only one took home the coveted Young Gun of the Year Award. The winner, IIAW’s own Matt Banaszynski. The Young Gun of the Year Award recognizes the outstanding achievement by a young up and coming star in the insurance industry. This accolade goes to the new industry player who has exceled at pushing the envelope with innovation and growth, garnering industry’s attention and the respect of peers.

The Young Gun represents the Best and Brightest in the insurance industry... set to lead the industry for decades to come.

The inaugural Insurance Business Awards held in Chicago brought together over 600 industry leaders to celebrate excellence in the Insurance industry and is designed to recognize individuals, teams and companies for their outstanding achievements and contributions to the field. The evening featured a red-carpet curtain-raiser, glamorous awards ceremony and exclusive afterparty, all hosted by exuberant TV personality Alfonso Ribeiro.

WISCONSIN INDEPENDENT AGENT

> Sam Boyer is currently news editor for Insurance Business America. Originally from New Zealand, Sam has received several journalism awards, including twice being named New Zealand Junior Reporter of the Year. Having previously reported on crime, business, and travel, he joined Key Media in 2017 to focus on insurance news.

This article was reprinted from Insurance Business America.

JANUARY 2018 | 7

AGENCY OPERATIONS

COMBAT CYBERCRIME AND PROTECT YOUR AGENCY WITH SIMPLE SECURITY STEPS What is Cybercrime?

Like traditional crime, cybercrime covers a broad scope of criminal activity and can occur anytime and anyplace. What makes it different is that the crime is committed using a computer and the Internet. You may recognize some of its most common forms such as identity theft, computer viruses and phishing, and at a corporate level, computer hacking of customer databases.

Most people are aware of these and protect themselves and their PCs with anti-spyware and anti-virus software such as Norton or McAfee programs. As an agency owner, you should be alert to the fact that cybercrime is becoming more and more sophisticated and not only targets consumers and large corporations, but small to medium sized businesses as well. Single programs against these intrusions are not enough.

based online programs at their businesses.

Online Security Practices

While no tools or automated software is 100% effective, the best solutions to protect your agency are to be well informed and use common sense. Using a multiple vendor, multi-layer approach to system design can significantly reduce your chances of being An alarming cybercrime now affecting small a victim of cybercrime. To assess the risks to medium sized businesses is “corporate associated with a cyber intrusion of your account take over.” This involves cyber agency’s online systems and critical client data, criminals penetrating the computer network of ask yourself the following questions: a business and spreading malicious software, such as a “keylogger” which records the words 1. Does your agency have a hardware based firewall at the typed, Web browsing history, passwords and network level? other private information. This in turn allows them access to programs using your log-in 2. Does the network firewall include anti-virus, anticredentials. spyware and anti-spam services along with content filtering and intrusion prevention, detection and real-time If they steal your password and breach your reporting? online banking system, the cyber criminal can begin an online session to initiate funds 3. At the individual PC level, does each computer have transfers, by ACH or wire transfer, to their centrally updated and monitored anti-virus, anti-spyware accomplices. The accomplices withdraw the and anti-spam software loaded? money almost immediately.

4. Are your computers set up to automatically update Take the first steps to prevent fraud at your operating system and applications for the latest your agency – become aware of the latest available security and critical updates? cybercrimes and how they can access a business’s computer network. An agency 5. Do you consider your browser security setting to should also employ the most up-to-date online determine how much or how little information the browser security practices on a pro-active basis. can accept from, or transmit to, a website?

Agencies can also take the opportunity to present these online security practices to their clients, as many are also instituting internet-

8 | JANUARY 2018

7. Does your agency back-up critical files in case of an issue that disables your systems?

6. Does your agency have a security policy in place that includes such policies as disaster recovery, use/storage of passwords, use of social media on work computers, etc.?

8. Has your agency identified an individual to review security policies and practices on an ongoing basis?

9. Are you aware of the laws governing the protection of personal information in your state?

10. Do you have cybercrime insurance to protect your data and liability exposure in the event of an intrusion?

11. Does your agency have a training program to educate employees on best practices to avoid becoming a victim?

12. Does your online banking system provide multiple layers of security tools to prevent intrusions into the system such as token-based authentication? Agency principals should consider the types of transactions they conduct within online banking and check with their banking institution for available security enhancements.

These are just some of the basic steps an agency can implement to assess and protect itself from cybercrime. Your agency should have a network security assessment and review conducted by a certified information technology firm that specializes in network security. This evaluation will help you to identify the “next steps” in securing your network and data from unauthorized access and distribution.

If Your Agency Becomes a Victim If you discover, or even suspect, your agency has fallen victim to corporate identity theft, you should proceed as follows: • Immediately cease all online activity and WISCONSIN INDEPENDENT AGENT

AGENCY OPERATIONS contact your IT administrator.

• Remove the affected computer from the network and any other computer stations involved.

• Contact your financial institution to disable online access to the accounts and close affected accounts. You can then open new accounts and reset passwords.

Consult your counsel and your state’s data breach notification law and regulations to ascertain the process you need to follow.

• Notify other business partners that may have been affected, such as your insurance carriers.

• File a report with the police department.

Common Online Fraud Definitions • Malware refers to software programs designed to damage or do other unwanted actions on a computer system. Common examples of malware include spyware, keyloggers, and viruses.

• Spyware is a type of malware installed on your computer without your knowledge.

It collects small to large pieces of personal information including Internet surfing habits.

It can redirect web browser activity and change computer settings. Spyware is typically hidden from the user, and can be difficult to detect once installed without proper antispyware tools.

into a machine that spreads the virus or other malware.

• Keyloggers, as with spyware, are installed on your computer without your knowledge.

It is the action of tracking (or logging) the keys struck on a keyboard, typically in a hidden manner so that the person using the keyboard is unaware that their actions

All of the security tips presented here are simply guidelines to aid agencies in not becoming a target for cybercriminals.

However, none can be guaranteed 100% effective. Specific questions regarding the safeguards of your organization’s computer

are being monitored. Keystroke logging can record the words typed, Web browsing history, passwords and other private information.

This is extremely dangerous in all aspects of computer usage.

networks should be directed to you IT Department or contractor.

• Viruses are an ever changing and constant threat to all systems. Based on their digital makeup they can deliver malicious content to your data and systems in an effort to either collect data, destroy data, or turn your systems

BE WORRY FREE WITH IMT

• “Phishing” is the act of obtaining personal information or spreading malware using emails, calls, text messages or pop-up messages from what appear to be friends or legitimate banks, retailers, government agencies or other organizations.

Editor’s Note: Please also refer to ACT’s “Security & Privacy” page for a prototype agency information security plan and recorded webinar which will help agencies fashion their written security plan and implement their security program. Go to www.iiaba.net/act and click on “Security & Privacy” in the gray shaded area on the left side of the page. > Danielle Johnson is the VP, Director of Information Technology at InsurBanc, which IIABA and the W.R. Berkley Corporation established to assist independent agencies, businesses and consumers with their specific banking needs. Danielle prepared this article for ACT and she can be reached at technology@ insurbanc.com.

We understand the importance of partnerships and take great pride in building strong, stable relationships with our agents and policyholders. Through experienced claims expertise and hightouch customer service, we are there when we are needed most.

Learn how you can represent IMT Insurance & Wadena Insurance at imtins.com/contact_us.

imtins.com | west des moines, iowa WISCONSIN INDEPENDENT AGENT

JANUARY 2018 | 9

CONTINUING EDUCATION ABEN ONLINE CE CLASSES

IIAW ONLINE CE CLASSES - Continued

Certificates of Insurance – Emerging Issues and Other Stuff that May Scare You 3 CE Credits Approved Date: January 5, 2018 Location: ABEN Online – iiaw.aben.tv Time: 10:00 AM – 1:00 PM

Protecting Your Most Valuable Asset 3 CE Credits Approved Date: January 16, 2018 Location: IIAW Webinar – iiaw.com/events Time: 12:00 PM – 3:00 PM

Commercial Property Endorsements That Can Make You Money!

3 CE Credits Approved Date: January 17, 2018 Location: ABEN Online – iiaw.aben.tv Time: 9:00 AM – 11:00 AM

Business Auto Coverages 3 CE Credits Approved Date: January 17, 2018 Location: IIAW Webinar – iiaw.com/events Time: 8:00 AM – 11:00 AM

It’s Not My Fault, or Is It? – Liability Issues in Personal Lines Policies IIAW ONLINE CE CLASSES 3 CE Credits Approved Top 10 Countdown of Personal Lines Coverages & Current Issues Date: January 17, 2018 Location: IIAW Webinar – iiaw.com/events 3 CE Credits Approved Time: 12:00 PM – 3:00 PM Date: January 8, 2018 Location: IIAW Webinar – iiaw.com/events Condominiums Time: 12:00 PM – 3:00 PM 3 CE Credits Approved Date: January 18, 2018 Unlocking the Secrets of D&O Insurance Location: IIAW Webinar – iiaw.com/events 3 CE Credits Approved Time: 12:00 PM – 3:00 PM Date: January 9, 2018 Location: IIAW Webinar – iiaw.com/events Commercial Property Coverages – Exploring Key Time: 12:00 PM – 3:00 PM Concepts 3 CE Credits Approved E&O: Roadmap to Policy Analysis – Part One Date: January 19, 2018 3 CE Credits Approved Location: IIAW Webinar – iiaw.com/events Date: January 11, 2018 Time: 8:00 AM – 11:00 AM Location: IIAW Webinar – iiaw.com/events Time: 8:00 AM – 11:00 AM Ethics and the Law 3 CE Credits Approved E&O Roadmap to Policy Analysis – Part Two Date: January 22, 2018 3 CE Credits Approved Location: IIAW Webinar – iiaw.com/events Date: January 11, 2018 Time: 12:00 PM – 3:00 PM Location: IIAW Webinar – iiaw.com/events Time: 12:00 PM – 3:00 PM Insuring Trusts – Protecting Your Client’s Wishes 3 CE Credits Approved Dispelling the Myths of Workers’ Compensation Date: January 24, 2018 3 CE Credits Approved Location: IIAW Webinar – iiaw.com/events Date: January 12, 2018 Time: 12:00 PM – 3:00 PM Location: IIAW Webinar – iiaw.com/events Time: 8:00 AM – 11:00 AM Farm Property Coverages 3 CE Credits Approved Date: January 29, 2018 Location: IIAW Webinar – iiaw.com/events Time: 12:00 PM – 3:00 PM

FFO W..CCO AW RM REE C ND D TTO OR O IIIIA OM M OR MO OR CLLAASSSSEESS AAN REEGGIISSTTEERR P PLLEEAASSEE G GO O TTO

SALES

HOW TO GET POSITIVE GOOGLE REVIEWS THAT MAKE YOUR AGENCY MORE VISIBLE ONLINE I was at an insurance agents meeting a few weeks ago, and one of the topics was how to be visible to the online consumer. Sure, you can throw a lot of money at online advertising, but most agents do not have that kind of marketing budget. It is tough for a small agent to compete with the big guys.

Fortunately, there is a way to increase the chances of being visible when someone searches for insurance topics in your marketplace. The trick is to maximize your Google reviews.

I talked a lot about maximizing Google reviews a few years ago when I was presenting my all day, in-person Agency Internet Boot Camps.

Google reviews are as critical today as they were back then.

Most consumers (business and personal) start their search for insurance information online, and most use Google. Have you looked at your Google Business listing recently? Do you have more reviews with better ratings than your competitors? Most local Google search results include what’s called the “3-pack.” No one knows exactly how Google determines which three businesses to add in this highlighted area, but the number of reviews included for your business is a significant ranking factor.

existing client for a review if they are going to leave you less than a four- or five-star review.

Fortunately, there are a few services that will help you maximize your Google reviews so you can become more visible online. One service I have recently looked at is Lift Local.

Lift Local helps insurance agencies generate consistent, authentic reviews on multiple review platforms. When generating reviews, Lift Local filters out negative or neutral ratings, providing the agency an opportunity to address customer concerns privately. Positive reviews create additional online traffic and produce an increase in inbound phone calls.

Negative customer feedback helps agencies improve retention rates. The best part is Lift Local’s service is completely hands-off for the agency. They build, manage, monitor, and report on all campaign efforts and results.

• They asked the client how likely they would be to recommend the agency to friends and family.

They filter out negative or neutral ratings and send you a private notification so you can proactively reach out to that client. You know it is easier to save a client than win one back.

This process allows you to know who your unhappy customers are and work on fixing the issue.

• For clients who are happy and engaged, they provide an easy way for them to leave an authentic review on your company listing in Google.

• Completely hands-off. Lift Local manages the entire process for you and reports back monthly on the progress.

Lift Local charges a monthly fee for their services. Three different pricing levels are available depending on the services you want to use.

How Lift Local Works 88% of people trust online reviews as much as they trust recommendations from personal contacts.

Here is how the Lift Local service works:

So, are you asking your clients to review your agency on Google? I hope so.

• You provide access to your current clients’ information, which Lift Local analyzes to make sure you are reaching out at the right time with the right message. (They do have a strong privacy policy.)

Unfortunately, it is not easy to explain to a client the steps involved to leave an authentic review. And, you do not want to ask an

• They do have the ability to send text messages to those customers who are not as responsive to email (this is optional).

Do You Ask For Google Reviews?

WISCONSIN INDEPENDENT AGENT

Whether you manage to obtain Google reviews yourself or use a service like Lift Local, it is essential that you begin gathering reviews so you can help make your agency more visible online.

> Steve Anderson provides information to insurance agents about how they can use technology to increase revenue and/or reduce expenses. He speaks professionally to hundreds of agents each year on the future of technology, the social web, and how insurance agencies can establish their Internet presence.

JANUARY 2018 | 11

AGENCY MANAGEMENT

THE INSURANCE AGENCY TALENT GAP

Imagine being in a business where every single person needs your product. Imagine being in a business where 90% of your clients will buy from you again every year…even if you are average. Imagine being in a business with unlimited opportunity for growth and financial freedom.

Every one of these statements is true for independent insurance agencies today.

Yet, even with the unlimited potential afforded in the insurance industry, when I speak to agency owners, one of the top frustrations is the ability to attract, train, and retain the best talent.

Why? Well, every independent agency is unique, but I believe there are three common areas in which many insurance agencies struggle to bridge the talent gap.

1. T hey don’t know who they are (Lack of Purpose) As an insurance agency leader, how would you answer when I ask, “Why does your agency exist and why should anyone care?” For the typical independent insurance agency, this question results in a long pause followed by some mission statement that no one can remember.

You must do much more than sell insurance policies. Every agency sells insurance, but only the great ones know why.

Understanding the “why” behind your agency is not only important to your clients and future clients, but it’s important for every member of your team.

Great talent today wants to be a part of something great.

Every insurance agency knows what they do.

Most insurance agencies can clearly explain

12 | JANUARY 2018

how they do it.

Y et, very few insurance agencies know why they do it.

Why has nothing to do with revenues or profit. Why is about your purpose, mission, cause, or belief.

Why is your agency in business? As leadership author and speaker, Simon Sinek states, “Why do you wake up every morning, and why should anyone else care?”

Answering this basic, but all important, question is a key aspect of finding and keeping the best talent.

2. T hey don’t know what they want (Lack of a Vision) The most successful insurance agencies are always on the lookout for good people. Right now, if I asked you the three top qualities you are looking for in a future leader, sales producer, or service representative, what would you say?

In fact, make a list right now. What are the top qualities you are looking for in your agency team members?

Now, here’s the important part. After you write down these qualities, take a minute to see which of these characteristics you possess.

For example, if you want a high-energy person, are you a high-energy person? If you want a detailed oriented person, are you a detailed oriented person. If you are looking for an up and coming leader, are you a dynamic leader?

As leadership expert John Maxwell states, “Who you attract is not determined by what you want. It’s determined by who you are.”

This principle is the Law of Magnetism.

Naturally, people tend to be attracted to and follow people like themselves. Therefore, as an agency leader, you must be very self-aware of who you are and the qualities you possess.

Likely, these are the people you will attract.

If you don’t possess the qualities you desire in future talent, you must begin to work on your own leadership ability immediately.

Leadership is a skill that you can improve upon.

If your personal qualities are those you seek in others, great! Now you must begin to seek those who compliment your skills and fill in the gaps. You don’t want a team full of only analytical thinkers or made up of all highenergy entrepreneurs.

The key is to raise your awareness of what you really want, who you are currently attracting, and how to be intentional about filling gaps in your team where you are deficient.

It’s simple, yet often overlooked. The quality of the talent depends on you. Who you are is who you attract. Become the kind of person you want to attract and be intentional about seeking those who round out your weaknesses.

> Brent Kelly is an executive coach and speaker with the Sitkins Group, Inc. WISCONSIN INDEPENDENT AGENT

AGENCY MANAGEMENT

3. T hey don’t know what to do with talent when they get there. (Lack of Training) I truly believe that one of the main reasons insurance agency leaders fail to find the best talent is because they realize they have no tangible way to train them.

Even subconsciously, it’s hard to attract the best talent when you doubt your agency’s training program (or lack thereof).

Instead of focusing on finding the best upcoming talent based on attitude and future potential, agencies often settle for someone who is average, but who has had some level of prior training.

This focus causes agencies to go for the “safe” choice instead of the “best” choice.

The best talent is looking for leadership to take them to higher levels. The best talent wants to be developed, encouraged, and challenged. Without a training process

that helps your team grow personally and professionally, the best talent will find another place to grow.

A training process doesn’t have to be complicated. How can you place your most valuable asset, your people, in the best position to win?

High achievers want to be encouraged, challenged, and in an environment where they can grow to their full potential. Does your agency maximize the development of your people?

Takeaway This is an amazing industry filled with tremendous opportunity. However, it needs an influx of new talent.

To find and keep the best agency talent, you must have a clear vision, plan, and execute.

Great talent won’t just show up, train itself,

and produce great results.

Finding and keeping the best talent is no different from finding and keeping the best clients for your agency.

You must first know your agency’s why.

What is your agency’s value proposition?

Next, you must know what you want. Who are your ideal team members and how are you attracting them?

Finally, you must create an ongoing training program that allows for your team members to grow and thrive. What is your training process?

I believe that every challenge is an opportunity for those agencies willing to invest in their growth.

Finding and keeping the best talent is a process, but it’s a process you can start today.

This will require you to be intentional, be consistent, be open to new ideas.

THREE BARRIERS TO BUILDING RELATIONSHIPS AT WORK In first grade, my whole world revolved around my neighbor and best friend, Jill. Both tomboys living in the country, we spent hours outside building forts, hunting frogs, and playing epic games of hide-and-seek in the woods around our houses. She was my partner in crime. We’re still friends—with a little help from Facebook.

Fast forward to grown-up life. Like anyone, sometimes it seems like there is an endless number of people we need to “partner with” to get things done. In our highly interdependent organizations, few things we do are purely independent—nearly everything we do has an “other person” component.

The need is clear, but the process can be challenging. Why? Because they are vastly different than the other relationships we form in our lives. They are not like first-grade friends at all, and it has less to do with maturing and more to do with the nature of the relationships themselves.

Traditional relationships—the relationships we are used to building—are dependent on three things. I refer to this as a three-legged stool.

The three-legged stool At work, often all three legs of that stool are missing. Consider the first foundation of WISCONSIN INDEPENDENT AGENT

relationships: proximity. Most relationships we build are with people we are physically near: neighbors, like Jill and me; classmates; members of the same team or club. They are people we “run into.” In our geographically diverse and technology separated world, we just don’t “run into” people anymore. The people we need to partner with are often in a different building, on a different campus, in another state, or on another continent.

The second element of most relationships is personal chemistry. We build relationships with people we like and who are like us. Again, at work, this is often missing. We work with all sorts of people with whom we may have nothing in common with and with whom we don’t connect. Sometimes we think that is a reason not to build a partnership. Nothing is further from the truth. The work brings us together with this person, not chemistry, and expecting this can lead us to miss key partnerships that can bring teams together, get

a project back on track, or move an initiative forward.

The final leg of the stool is time. We build many of our most significant relationships over long periods of time—my best friend since first grade, your fraternity brother, a parent you met 17 years ago when your kids were in grade school. But in our organizations, we don’t have the gift of time. We can’t always build trust over time. Instead of taking time to earn trust, we have to jump in and assume trust.

The lesson in all of this is this: you must approach work partnerships deliberately and purposefully. They take effort. They do not grow organically, through fresh air, sunshine and hide-and-seek.

> Susan Finerty Adjunct Faculty, Wisconsin School of Business Center for Professional & Executive Development e master of building productive leaders.

JANUARY 2018 | 13

COMMENTARY FROM COUNSEL

INTERMITTENT LEAVE REQUESTS: THE WFEA PILES ONTO THE LEGAL HEAP This article is the second of a two-part series addressing the various complexities of intermittent leave requests. Part One addressed the general legal background affecting intermittent leave requests, namely the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”).

Now it is time to look at the courts’ perspectives on an employer’s obligations when it comes to intermittent leave requests, the impact that the Wisconsin Fair Employment Act (“WFEA”) has on such requests and recommendations that help employers avoid common pitfalls.

The Courts’ Views on Intermittent Leave Requests When it comes to cases involving intermittent leave requests and the application of the ADA, courts first determine whether the plaintiff is a “qualified” person with a disability, i.e., is the plaintiff protected under the ADA? The ADA defines a qualified individual with disability as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.”

If the plaintiff is “qualified,” the court then determines whether the plaintiff, even if granted the proposed accommodation, can perform the essential functions of the job. Due the courts’ expansive view of who constitutes a “qualified” person with a disability (and what constitutes a disability), most ADA cases turn on this second question.

Contrary to the EEOC’s view that attendance cannot be an essential function of any job, numerous courts have held that regular

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attendance is an essential function. In Severson v. Heartland Woodcraft, Inc., the Seventh Circuit Court of Appeals, which covers Illinois, Indiana and Wisconsin, ruled that “[a]n employee who needs long-term medical leave cannot work and thus is not a ‘qualified individual’ under the ADA.” In the court’s view, the ADA requires reasonable accommodations “that will enable the employee to work[,]” not accommodations that excuse the employee from working. Unlike the ADA, the FMLA provides a leave entitlement to employees who cannot work for any covered reason.

Whether courts will apply this rationale to employees who require intermittent leave on a regular basis is not yet clear, but the Seventh Circuit’s decision certainly does not hurt an employer’s chances at prevailing with a similar argument.

To be clear, an employee who has yet to exhaust his or her FMLA entitlement is guaranteed intermittent leave as a matter of course under the FMLA if the need for such leave is properly certified by a medical professional. Although the courts appear to take a more favorable stance on regular attendance than the EEOC from an ADA perspective, employers should note that the courts have rarely had occasion to address an employer’s denial of intermittent leave due to an undue hardship. Employers should therefore consider the EEOC’s guidance while conducting a careful factual analysis of the

particular employee’s request for intermittent leave.

The WFEA’s Impact on Intermittent Leave Requests The WFEA, which applies to all employers in Wisconsin, treats accommodation issues different than the ADA. The WFEA requires employers to reasonably accommodate the known disabling conditions of an applicant or employee, “unless the employer can demonstrate that the accommodations would pose an undue hardship on the employer’s program, enterprise or business.” The WFEA does not define “reasonable accommodation” and does not specify the extent of an employer’s duty to accommodate a disability.

Once the employee establishes that he or she is an individual with a disability under the WFEA, “the burden then shifts to the employer to prove a defense” under the statute. For example, an employer does not unlawfully discriminate “if the disability is reasonably related to the individual’s ability to adequately undertake the jobrelated responsibilities of that individual’s employment[.]”

Unlike the ADA, the WFEA’s accommodation obligations do not hinge on the employee’s ability to perform the “essential functions” of the job. As such, the WFEA’s protections are not limited to employees who can perform the “essential functions” of their WISCONSIN INDEPENDENT AGENT

COMMENTARY FROM COUNSEL positions. This means that Wisconsin employees who may not be “qualified” under the ADA may still be entitled to reasonable accommodations under the WFEA. To make matters worse for Wisconsin employers, the accommodations Wisconsin courts impose upon employers can be far more drastic than those required under the ADA. For example, the WFEA may require an employer to shift an essential function of the disabled employee’s job to another employee (though perhaps only for a limited time), restructure the employee’s job altogether, or invest significant amounts of money to make accommodations possible.

In addition, the WFEA may require employers, under certain circumstances, to exercise “clemency and forbearance” by not immediately terminating an employee for a violation of an otherwise neutral policy. For example, an employer may need to excuse an employee who falls asleep on the job because of his medical condition and who recently had a change in medication about which he made the employer aware. In such a scenario, Wisconsin courts may expect the employer to “forbear” applying its zerotolerance no-sleeping policy.

Wisconsin employers must keep in mind the WFEA’s significant differences from the ADA when addressing intermittent leave requests that exceed the FMLA’s entitlement. Although there is no Wisconsin case law addressing an employer’s need to accommodate an intermittent leave request, it is safe for an employer to assume that the WFEA will impose a greater burden to accommodate such a request than the ADA would.

Recommendations Update Employee Job Descriptions As stated in the first article in this twopart series, employers should update all job descriptions to indicate that regular attendance is an essential function and jobrelated responsibility of the position and be prepared to explain why that is the case. The EEOC may disagree, but many courts have held that regular attendance is an essential function, many courts have disagreed with the EEOC on that issue. Employers should also take this opportunity to ensure that their job descriptions reflect the realities of each WISCONSIN INDEPENDENT AGENT

position. To the extent that a position lacks a job description at all, employers should prioritize filling these voids as soon as possible.

Engage in the Interactive Process Although easily overlooked, engaging in the interactive process of identifying potential reasonable accommodations with the employee is of critical importance.

Once an employee requests a reasonable accommodation, human resources or management must engage in an informal discussion to clarify the individual’s needs and identify a reasonable accommodation.

As part of this process, an employer may require the employee to obtain specific information from his or her doctor, and the information will allow the employer to assess whether the employee’s accommodation request is reasonable or if it poses an undue hardship. Above all, employers must keep in mind that each individual employee request for accommodation must be analyzed on a case-by-case basis.

Do Not Be Afraid to “Try Out” an Intermittent Leave Accommodation, but Keep Track of Quantifiable Burdens Associated With That Trial Some employers hesitate to approve an employee’s request for intermittent leave out of fear that they may later be unable to claim the leave poses an undue hardship. However, sometimes it is not possible to determine that a leave of absence will impose an undue hardship until the employee is actually out on leave. Once an employee takes leave, the employer may find a quantifiable negative impact on other employees who have to assume the employee’s work while he or she is on leave. In these situations, the EEOC and courts do not hold an employer to setting a theoretical precedent for exploring intermittent leaves as accommodations when it later becomes evident that the intermittent leave creates an undue burden.

Train Managers on the Do’s and Don’ts of Employee Accommodations Due to the numerous risks of mishandling accommodation requests, employers should, at a minimum, train managers and supervisors regarding the following issues: 1. Distinguishing between employee morale issues and quantifiable employee workload issues;

2. Maintaining the confidentiality of accommodation requests (as required by the ADA) in response to co-workers’ requests for information about the disabled employee; 3. Understanding that the end of FMLA leave does not mean the immediate end of accommodations such as intermittent leave; and 4. Informing human resources personnel any time employees mention they have a medical condition that interferes with their ability to complete their work or request an accommodation.

Avoid Maximum Leave Policies Because employers have a duty to assess accommodation requests on a case-bycase basis, employers should not apply maximum leave policies (i.e., policies whereby employees are automatically terminated after being on leave for a certain period of time) to individuals with a disability who need additional leave. The exception, of course, is where providing such leave would cause an undue hardship. Accordingly, maximum leave policies should include language that permits additional leave beyond the maximum amount as an ADA and/or WFEA accommodation.

Conclusion Without a doubt, the ADA, FMLA, and for Wisconsin employers, the WFEA, combine to create significant risks when it comes to intermittent leave requests. However, employers who (1) maintain accurate job descriptions that indicate regular attendance is an essential function and job-related responsibility; (2) engage in the interactive process; (3) train their managers and supervisors regarding their obligations under the ADA, FMLA, and WFEA; and (4) maintain flexibility in the administration of their leave policies to ensure compliance with applicable law on a case-by-case basis, can manage those risks much more effectively than employers who view intermittent leave requests as a nuisance and deal with those requests haphazardly.

Employers would be wise to do what is necessary to fall into the former category. > Josh Johanningmeier is the IIAW’s General Counsel.

Call the Legal Services Hotline at (877) 236-1669.

JANUARY 2018 | 15

We push ourselves for you.

Because you push yourself for them.

For more about how Integrity can help you help your customers contact: Cathy Colรณn at 920-968-8326 or ccolon@imico.com integrityinsurance.com

GOVERNMENT AFFAIRS

DWD ADDS ANOTHER TOOL TO CONNECT EMPLOYERS WITH TALENT BY IMPLEMENTING WISCONNECT A Guest Column by Department of Workforce Development Secretary Ray Allen Looking for new ways to expand your talent pool, and fill your current and future vacancies? Use WisConnect – Your Source for Wisconsin Internships, a new online resource found at InternshipWisconsin.com offered by the Wisconsin Department of Workforce Development (DWD).

The mobile-responsive and user-friendly website was developed to help Wisconsin employers create, market and find the best and brightest college talent for internship opportunities in the state. With studies showing the value of internships in attracting, training and retaining college students during and after graduation, WisConnect serves as an important tool to support a robust talent pipeline in Wisconsin.

WisConnect makes it easy for employers to develop profiles and post internship opportunities that market their positions to college students.

Specific employer features include: • Employers with existing JobCenterofWisconsin.

com profiles can use the same sign in information to access WisConnect; internship openings on JobCenterofWisconsin.com are automatically featured on WisConnect as well at no charge.

• Access to key resources and assets to start an internship program and post openings, including options to develop an advanced employer profile.

• Search for internship candidates by location, by major and by key skills and competencies.

Other WisConnect features include: • Enhanced logic to support stronger and more targeted matches between students and employers based on key skills, coursework and other items.

• Tools for students and employers to search opportunities or candidates by metro area.

• Ability for students to search internship opportunities by company, job type, desired major and industry.

• Additional custom features such as flagging postings or student profiles for quick retrieval.

WisConnect is yet another innovative solution offered by DWD to help Wisconsin employers build their own pipeline of skilled talent. With employment levels in Wisconsin reaching record levels in 2017 and our state’s unemployment rate significantly lower than the national rate, Wisconsin employers need top-notch worker training programs like Wisconsin Fast Forward, Apprenticeship, JobCenterofWisconsin.com and others to recruit and train qualified individuals. I encourage everyone, employers and job seekers alike, to visit their local job center or DWD’s website to see all of the programs DWD has to offer.

• Functionality for employers to search students by specific university or technical college.

PROFESSIONAL LIABILITY BROKERAGE PROPERTY & CASUALTY GARAGE LIABILITY TRANSPORTATION SURETY PERSONAL LINES

(800) 666-5692 | JMWILSON.COM WISCONSIN INDEPENDENT AGENT

JANUARY 2018 | 17

2018 PRE-LICENSING CLASS SCHEDULE Conducted at State Association Headquarters, IIAW pre-licensing classes fulfill the study requirements for life, health, property and casualty. Full course materials — not just an outline — are included with registration. The classes are:

REGISTER AT IIAW.COM 2018 CLASS DATES

LIFE & ACCIDENT/HEALTH January 8-11 February 5-8 March 5-8 April 9-12 May 14-17 June 4-7 July 9-12

PROPERTY & CASUALTY January 22-25 February 12-15 March 19-22 April 23-26 May 21-24 June 18-21 July 23-26

August 6-9 September 10-13 October 8-11 November 5-8

August 20-23 September 24-27 October 22-25 November 12-15

December 3-6

December 17-20

Designed to help you pass your state licensing examination. The quickest way to meet the Wisconsin education hours requirement. Taught by experienced insurance professionals who know the business. Conducted in a comfortable classroom with free parking. Approved by the Office of the Commissioner of Insurance.

IIAW MEMBER PRICING: $340 - Pricing given for full class registrations.

NON-MEMBER PRICING: $355

You may also take individual classes.

DAILY SCHEDULE

Life & Accident/Health

Day 1 (Monday) 8:30 a.m. - 4:00 p.m. ($85) SECTION A: Principles of Insurance & General WI Ins. Law Ethics Day 2 (Tuesday) 8:30 a.m. - 4:00 p.m. ($90) SECTION B: Life Policies, Terms & Concepts Day 3 (Wednesday a.m.) 8:30 - 11:30 a.m. ($45) SECTION B: Life Policies, cont. & WI Life Insurance Law Day 3 (Wednesday p.m.) Noon - 4:00 p.m. ($45) SECTION B: Accident & Health Policies, Terms & Concepts Day 4 (Thursday) 8:30 a.m. - 4:00 p.m. ($90) SECTION B: Accident & Health, cont. & WI Health Insurance Law

Property & Casualty

Day 1 (Monday) 8:30 a.m. - 4:00 p.m. ($85) SECTION A: Principles of Insurance & General WI Ins. Law Ethics Day 2 (Tuesday) 8:30 a.m. - 4:00 p.m. ($90) SECTION B: Property Policies, Terms & Concepts CLASS SITE/DIRECTIONS The IIAW is located at 725 John Nolen Dr. in Madison, WI. Day 3 (Wednesday a.m.) 8:30 - 11:30 a.m. ($45) When traveling south on John Nolen, it’s the last driveway SECTION B: Property Policies, cont. & WI Property Insurance Law Day 3 (Wednesday p.m.) Noon - 4:00 p.m. ($45) before Highway 12/18 (Beltline). Located near the Alliant SECTION B: Casualty Policies, Terms & Concepts Energy Center and Sheraton Hotel.

Day 4 (Thursday) 8:30 a.m. - 4:00 p.m. ($90) INCLEMENT WEATHER SECTION B: Casualty Policies, cont. & WI Casualty Insurance Law If weather conditions are questionable, use your own judgment regarding your personal safety. If Madison public  Please contact Kathy@IIAW.com for information about schools are closed, the IIAW is closed and pre-licensing is multiple registration discounts. canceled for the day. Canceled classes are made up on The course fee includes all class materials. Materials are Friday. distributed on the first day of class. You receive: HOTEL INFORMATION • The Life & Accident/Health or Prop. & Casualty Insurance Students requiring lodging will receive a special rate at the Study Manual.

Clarion Suites, 2110 Rimrock Rd. in Madison. Please call • The Intermediary’s Guide to Wisconsin Insurance Law. the hotel directly at 608.284.1234, and ask for the • The State of Wisconsin Ins. Licensing Candidate Handbook. independent insurance agent’s discount.

This provides all the necessary information to obtain a license.

To register, click the Education tab on IIAW.com. For Wisconsin exam info, visit prometric.com.

EMPLOYEE BENEFITS

THE TOP EMPLOYER BENEFITS TRENDS OF 2017 Studying benefits trends can give your business a good idea about what benefits to provide in the coming year. In the beginning of 2017, companies that increased their benefit offerings tended to focus on health and wellness in order to stay competitive when recruiting new talent, SHRM reported.

That trend only increased as the year progressed, with companies focusing more and more on health plans, add-ons and benefits that help workers achieve a work-life balance, according to The Henry J. Kaiser Family Foundation and HBR.

Benefits That Grew in Popularity The popularity of supplemental and voluntary benefits increased in 2017, which includes dental, vision, hospitalization, critical illness and even accident coverage. More companies also focused on wellness initiatives such as health and biometric screenings, along with programs such as smoking cessation, weight management and lifestyle coaching.

Employees especially appreciated these unique benefits when coupled with incentives for reaching wellness goals, such as cash, health savings account contributions, lower premiums and the like.

In 2017, more companies sought health plans that provide multiple routes for getting medical help, such as retail clinics, telemedicine and nurse hotlines. In fact, flexibility was important not only in seeking health care but also in achieving a work-life balance. This flexibility was a top-valued benefit among employees in 2017, second only to health care itself. Your business can achieve this by offering flex time, remote work options and even unlimited paid time off.

Common Employee Benefits That Declined in Popularity PPOs were still the most common plan in 2017, but their enrollment has fallen by eight percent in the last five years compared to highdeductible plans which have increased by nine percentage points. This may be partially due to the increase in premium costs overall. More

expensive health plans with higher premiums were on the decline, while high deductible plans coupled with health savings accounts increased in popularity.

In 2017, employees were less interested in benefits that didn’t impact their finances or health, such as free food, free coffee, team bonding activities or retreats. Instead of spending money on these, you might consider offering an Employee Assistance Program that provides confidential counseling on issues like wellness, substance abuse, counseling and financial health. Other benefits on the decline in 2017, according to SHRM, were education assistance, anniversary awards, onsite cafeterias and automobile subsidies.

In the coming year, small businesses should keep in mind that employees not only want to be able to customize their health plans according to their goals but that they also value work-life balance and stress reduction more than ever. You can play to these benefits trends by offering flex hours and work-from-home opportunities, which some people find just as enticing as an expensive benefits package. You might also focus on offering a range of health plans based on how many employees are willing to contribute. This can include a high deductible plan for employees who prefer savings accounts to higher monthly premiums. By keeping a close eye on the 2017 benefits trends, you can offer a package for the coming year that matches modern trends and puts your business in high demand among top, new talent. > Stephanie Dwilson has extensive experience providing expertise on topics including health, law and marketing. She’s a science journalist published by Fox News, a marketing expert and an attorney with expertise in personal injury law. She’s also a small business expert featured by Businessweek and Millionaire Blueprints magazine and has worked as a marketing consultant for ministries and as a PR lead for one of the largest churches in America.

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VIRTUAL UNIVERSITY

IT’S IMPORTANT TO LIST ALL INSUREDS IF YOU ARE TRYING TO AVOID E&O SUITS Adding a location to a policy is not equivalent to extending insured status in the commercial general liability policy (CGL) according to the unpublished November 16, 2017, US Court of Appeals Eleventh Circuit ruling in Mt. Hawley Insurance Company v. Miami River Port Terminal, LLC. While this may seem like a “duh” statement, this was the crux of the defendant’s argument in the Mt. Hawley trial.

Case Background Miami River Port Terminal, LLC was formed in 2010 by a husband and wife, the Gonzalez’s, for the purpose of acquiring and owning riverfront property in Miami, Florida. The LLC was one among many entities owned by the Gonzalez’s. In March of that year, Mrs. Gonzalez emailed her insurance agent to request the new LLC be added to the policy and the location be added to the policy.

The agent added the location to the CGL, but failed to add the LLC as a named insured.

At the December 2010 renewal, the agent provided Mr. and Mrs. Gonzalez with a list of named insureds, which did not include Miami River Port Terminal, LLC. Neither Mr. or Mrs. Gonzalez reported the error to the agent in 2010 nor at the time of the two subsequent renewals in 2011 and 2012. The missing named insured was not noticed until a claim occurred in September 2013.

On September 17, 2013, Wilson Augustave was working on the dock unloading a cargo ship. During his work, Augustave fell from the dock and suffered severe bodily injuries.

Following the injury, in November 2013, the Gonzalezes realized the LLC was not listed as a Named Insured and once again requested its addition to the policy. The insurance carrier agreed to add the LLC as a named insured, but only from that date forward.

Augustave filed suit against the LLC for negligence and loss of consortium on January 22, 2014. In response, Miami River Port Terminal, LLC filed a claim with Mt. Hawley.

Mt. Hawley initially agreed to defend the LLC under a reservation of rights (ROR) but filed for a declaratory judgement action seeking a declaration that it (Mt. Hawley) had no duty to defend or indemnify. Mt. Hawley’s key assertion was that the LLC was not a named insured at the time of the injury and thus no

defense or coverage was owed.

As part of the claims and counterclaims between the insurance carrier and Miami River Port, LLC, the LLC sought to have the policy reformed to include the LLC as a named insured. The LLC’s primary arguments for reforming the policy to extend named insured status to the LLC included: > The “Designated Premises Endorsement” was attached to policy and the location was listed, thus the carrier was already insuring the risks arising from that property; and > The listing of “Miami River Port Terminal, Miami, FL” as a location was sufficient to create insured status because the terminal was named without an address.

The court disagreed stating that reforming the policy would make meaningless the CGL’s distinction between covered locations and named insureds.

The Finding To determine whether the policy should extend insured status to the LLC, the court looked to the policy’s text. Courts apply specific rules when reviewing policy language; the Eleventh Circuit’s procedure is: “We give the policy terms their plain meaning and read them in light of the policy as a whole, giving every provision its ‘full meaning and operative effect.’ Ambiguous provisions are interpreted in favor of coverage, but the provision must ‘actually be ambiguous.’” Ultimately “courts are not ‘authorized to put a strained and unnatural construction on the terms of a policy in order to create an uncertainty or ambiguity.’”

Basically, the court stated it cannot ignore the plain meaning of an insurance contract to create ambiguity and ultimately coverage.

When considering to whom coverage is or can be extended, the court cited two precedents, Oceanus Mut. Underwriting Ass’n (Bermuda) Ltd. v. Fuentes and U.S. Fire Ins. Co. v.

Morejon, which read, “when interpreting a

policy to determine who is covered, it is a well-settled rule that a court shall not rewrite a contract of insurance extending the coverage afforded beyond that plainly set forth in the insurance contract.”

According to the court, the CGL plainly and in clear and unambiguous language states that only insureds are protected. This finding ultimately lead the Appeals Court to conclude, “Because Defendant (the LLC) is not a Named Insured, Defendant cannot establish an entitlement to coverage—let alone a duty to defend or indemnify.”

Because there was no ambiguity and the agent neglected to list the newly formed LLC – for three renewals, the insured had no coverage.

The Lesson Insured status is of utmost importance. The first question asked following any liability claim is, “Is the person or entity accused of causing the injury or damage an insured?” If the answer is “no,” you don’t have to go any further in the claims process.

If insured status is not extended to the entity or person causing the injury or damage, it does NOT matter how broad or narrow the coverage; they have no chance to garner any of the protection provided by the policy.

Moral of the story: Make sure all insureds are listed and listed properly using full legal names.

The Potential Aftermath This is but a guess: if an E&O suit has not already been filed against the agent for failure to add the newly formed LLC as a named insured, it likely won’t lag far behind this decision. However, I see an “out” for the agent; every renewal a list of insureds was provided to and approved by the client. The insured had three opportunities to correct the mistake. > Chris Boggs, Executive Director of the Independent Insurance Agents and Brokers of America (Big “I”) Virtual University.

The Virtual University is a Big “I” members-only resource. Many articles are based on real-life questions received by the Ask an Expert service. This service ensures that the information is current and topical. Go to www.independentagent. com/Education/VU/. You will need to login with your IIABA username and password before using the VU. The IIABA does not assume and has no responsibility for liability or damage which may result from the use of any of this information.

20 | JANUARY 2018

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ERRORS & OMISSIONS

WHEN TOMORROW NEVER COMES THE CHALLENGE OF BUSINESS CONTINUITY PLANNING Agents ‘of a certain age’ will recall Popeye cartoon character “Wimpy” and his perpetual promise: “I’ll gladly pay you Tuesday for a hamburger today.” Devoted viewers also recall, though, that “Tuesday” never seemed to arrive…

Looming on the horizon for many of us is that red letter day most look forward to, a few dread and everyone arrives at one way or another: retirement. But there are other, unforeseeable outcomes lurking out there that may get in the way of your workplace farewell, notably death and disability. What will happen to your agency if one of those things occurs unexpectedly, and how can you minimize the disruption they bring?

Thoughtful business continuity planning is the obvious prescription, but who has time for that? After all, Wimpy would have you believe planning for the future is something that can be taken care of Tuesday – and many of you are listening to him.

due to an error by the agency owner. Sadly, in the midst of the ensuing lawsuit, the owner unexpectedly passed away.

Because it was one of the household’s major assets, the grieving widow had little choice but to take over running the agency. She had no experience in insurance or running a business and, to make matters worse, had no idea where or how to locate documents and information to assist in the defense of the agency.

Untimely Demise

Without the testimony of the owner, the agency had to rely on a long-time employee to assist with locating documents, activity log notes, and phone log notes. Fortuitously, that loyal employee was able to locate documents and activity log notes that resulted in a favorable outcome for the agency. However, had the owner/agent not been diligent in documenting his file, including verbal communications with the claimant, even with the assistance of surviving employees this claim likely would have had a different outcome, because there was no live witness to dispute the customer’s version of events.

One of our insured agency owners personally handled the account of a customer who had a motor vehicle accident for which there was no auto coverage in place. The customer proceeded to make an E&O claim against the agency alleging the lack of auto coverage was

The failure of the owner of the agency to put a contingency plan in place in the event of his untimely death placed the burden of this lawsuit squarely in the lap of his newly bereaved spouse. Fortunately, this agency had

Is that wise? Below are a few examples of actual claims involving a retired, deceased, or disabled agency owner. Some valuable lessons can be learned from the experiences of others that should change “I’ll do it tomorrow” attitudes into “I’ll do it today!”

a seasoned, long-time employee that could step in and locate the information that assisted with the favorable outcome. What is your plan to help your family grapple with your untimely demise? Having a succession plan in place is essential to the business continuity of your agency and alleviation of the added stress your family, customers and employees already face in the wake of your untimely demise.

Disability Another insured agency owner had a stroke that left him permanently incapacitated. The owner’s daughter had started her career at her father’s agency, moved to another state and worked in a much larger agency in a large city. Upon learning of her father’s stroke, the daughter returned home to assume the helm of the family agency.

She arrived home to find that a 30 year employee of the agency had taken over and claimed the agency as her own. Her story: she was going to leave 10 years earlier to start her own agency, when the owner talked her out of it. Instead, her commissions were decreased slightly as a way for her to buy her way into agency ownership. According to her, the owner told her that, upon his retirement, the agency would be hers. In fact, there were some notes and draft agreements drawn up along with the reduction in commissions, but

This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/or its subsidiaries and/or management and/or shareholders. Copyright 2010 Swiss Re America Holding Corporation

22 | JANUARY 2018

WISCONSIN INDEPENDENT AGENT

nothing formal was ever completed, much less signed.

Westport denied coverage because internal ownership disputes are not covered under an E&O policy. The last we knew, both the daughter and longtime employee firmly believed they were the rightful owner of the agency and each was spending money fighting it out in court. Is this the legacy the agency owner intended?

Retirement Contrasted with the first two examples, a third insured agency owner managed to sell his agency and retire after a long, successful career. He turned over lock, stock, and barrel to the new owner and rode off into the sunset.

For their part, the new owners merged the purchased agency customers into their existing insurance agency.

A few years later a lawsuit was filed by a customer against the former agency, prompting our insured to report the claim to Westport Insurance under the tail coverage he had purchased. When his file documents were requested by counsel for both sides, the retired agency owner had a shock: the purchasing agency had destroyed his agency records. The

former owner and Westport Insurance were left trying to defend a suit with no agency file.

To make matters worse, the record retention requirement of that state was seven years.

Thus, the documents were destroyed at a time when the agency was under a legal obligation to maintain them.

This had unfortunate legal implications for the agency in the defense of the lawsuit. Defense counsel had to attempt to recreate the file and craft legal defenses for having destroyed the documents prematurely, which all resulted in sizeable defense costs. Due to the lack of documentation for the agency, the case was settled with the plaintiff under less favorable terms than the (undocumented) recollections of the agency owner would suggest.

When the day comes to retire, a copy of all customer files should be retained for the minimum document retention period followed in your state. While this agency did not destroy the records directly, the purchasing agency did not consider the time requirements and legal implications prior to destroying the former agency records prematurely. Nonetheless, the former agency was penalized for the decisions of the purchasing agency, which could have been

avoided by scanning or copying the customer files and preserving the activity log notes.

Having a business continuity plan in place, open communication, good documentation, and forethought are key to your agency continuing to operate, defend itself against E&O claims, and avoid statutory violations.

It is never too early to put a plan in place to protect your family, your partners, your employees and your loyal customers.

Of course, noted organizational expert Wimpy would still have you believe that today is too busy, that your calendar is too full. You would gladly formulate the perfect business continuity plan … on Tuesday. General George Patton had the right response: “A good plan today is better than a perfect plan tomorrow.”

That’s sound advice, because experience teaches that, all too often, ‘tomorrow’ never comes. > J anice S. Blanton is an assistant vice president, claims specialist with Swiss Re Corporate Solutions and teleworks out of the office in Overland Park, Kansas. Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas, a member of Swiss Re Corporate Solutions.

EMERGING LEADER SPOTLIGHT

JILL ZAUNER, BENCHMARK MANAGEMENT GROUP Each month we will be featuring one of the active young members of our Emerging Leaders Committee. This month, we get to know a little bit more about Jill Zauner and her involvement on the Emerging Leaders Committee as the Chair of the Networking sub-committee.

Where are you originally from? I’m originally from Sacramento, CA but I’ve lived lots of places between there and here.

spend time with everyone, it has a real family feel. I hear this year is going to be the best one yet!

How did you hear about the Emerging Leaders Committee? I attended the Leadership Conference and was recruited by Matt. I’ve been on the committee for two years.

Why should a new agent join the EL committee? It can be easy to get sucked into the day-to-day responsibilities of your job, and not look up and see the bigger picture. The committee gives you the opportunity to set time aside and be a part of the insurance community as a whole, which is so rewarding.

Why did you choose to become active with the Emerging Leaders committee? The committee has so much to offer, from networking to career development plus the IIAW has such a good pulse on the industry it is invaluable to have them as a resource. The people on the committee are some of the brightest people rising through the ranks in insurance in Wisconsin.

What is your favorite EL event or activity that you’ve done with the EL group? The Leadership Conference. It’s packed with great speakers and information, and it is so much fun to get to WISCONSIN INDEPENDENT AGENT

but we’ll get there!

Do you have any pets?

Charlie is our sweet old boxer.

He is the best!!!!

What is your spirit animal? A Gibbon. I wish I could swing around like that (I might secretly want to be on American Ninja Warrior) plus they always seem like they are having so much fun, playing games and eating fruit… that’s a pretty great life!

What is one professional goal for you in the next 3-5 years? In the next 3-5 years I’d like to learn enough about Excess & Surplus Lines that I could be considered an expert in this interesting little corner of the insurance world.

Where is your favorite vacation spot? With two little kids at home, we aren’t doing much vacationing these days, but we have our sights set on Cambodia…it might take us a few years,

You are a new addition to a crayon box. What color are you and why? It’s so hard to choose! I think Neon Carrot from the fluorescent box, because I’m warm, happy, loud and I love my veggies!

JANUARY 2018 | 23

ERRORS & OMISSIONS

IF YOU’RE A LAWYER, YOU DON’T NEED TO READ THIS. But if not, please read this carefully.

Insurance agents and brokers should be wary of commercial insurance customers trying to impose unreasonable and potentially illegal heightened duties on them. Improvements to state laws have limited the ability for customers to ask agents to make changes to the standard ACORD 24 and 25 Certificate of Insurance forms. Instead, many commercial insurance customers are seeking “guarantees” from their agents and brokers that their insurance policies comply with insurance provisions of their contracts with third parties. These customers are looking to hold their agents responsible if a loss occurs that is not covered by those policies, regardless of whether the agent had any existing duty under state law.

Case in point: We have seen a recent trend of commercial insurance customers requiring that their agent sign a document stating that should any insurance policies procured by the agency not comply with insurance provisions of a contract to which the customer is a party, then the agent would be liable for any uncovered losses. While this may appear to be straightforward, it actually requires that the agent act as a lawyer without the benefit of having attended law school or passing the bar exam. Consider the following statement contained in a document that was recently presented to a Swiss Re Corporate Solutions E&O insured for them to sign: ”I agree that the above referenced policy/policies meet or exceed the insurance requirements set forth in the contract provided by (name of commercial insurance customer). In addition, I agree to provide written notice if and when the policy/policies ever change to the extent that it no longer meets your insurance requirements.”

The first sentence requires that the agent: 1. review a written contract (the insurance policy/policies), 2. compare it to the contract between the customer and the third party, and 3. provide a legal opinion that the insurance meets all of the criteria set forth in the contract. In baseball

terms, three strikes and you’re out! Unless the agent is also a licensed attorney, they would not have the capacity to provide this legal opinion and, if they nonetheless attempt to do so, they could be subject to penalties for practicing law without a license.

The second sentence requires: 1. notice that is not required by an insurance policy, and 2. that the agent stay in constant contact with the customer to determine if any changes have taken place that would necessitate changes in the policies. This sentence is attempting to take the place of the ACORD Certificate of Insurance, and imposes duties that are not found on those certificates. If the customer attempted to require that they make the change to the certificate, they could be in violation of state law. The sentence is creating legal duties for the agent that they would not otherwise have.

So what should you do if you are presented with this or any similar type of document? If your customer presents you with a written contract that includes insurance provisions setting forth the types of coverages they are to obtain, you should review them with the customer, clarify any ambiguities, and attempt to obtain the coverages. The general obligation of agents is to provide those insurance coverages requested by their customer, or to notify them if they are unable to do so. While individual state laws may create greater or lesser duties, this is the agent’s primary obligation. If you are unable to provide the coverages, you must notify them immediately so that they can take appropriate action as they are required under their contract. Remember, you are NOT a party to the contract between the customer and the third party. Your only obligation is to obtain those coverages that your customer has requested, except as otherwise required by state law. In no event should you ever agree to sign any document that would require you to make any legal interpretation about whether or not an insurance policy meets or exceeds a contractual > Richard F. Lund, J.D., is a Vice President and Senior Underwriter of Swiss Re Corporate Solutions. provision.

This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/or its subsidiaries and/or management and/or shareholders.

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RISKY BUSINESS

CAN YOUR WEBSITE BE USED AGAINST YOU? >> ABSOLUTELY.

As much as your website is a strong tool for advertising, posting information, getting referrals and even accepting payments, it also has a growing potential to be used against you in an E&O claim. Website content should receive the same consideration as a paper document when it comes to making promises and touting the skills of the agency being represented. Here are just a few risk management tips to keep in mind when evaluating the risks that may be present on your agency website.

First and foremost, what standard of care are you setting through promises on your website. Avoid making impossible promises that could be difficult to defend at your E&O trial. Examples of this language found on websites (outside of Wisconsin) include:

the higher the risk of allegations against the agency for providing inaccurate advice. If the information is from another source, does the agency have permission to post it and has all the information been reviewed for accuracy?

Also, be mindful of that helpful “click here” button provided to make it easier to contact the agency. A customer may decide to send personally identifiable information through the system creating a potential data breach exposure.

These are just a few quick tips to remember when you’re reviewing or creating your website. Take a moment to review your website and ask yourself some important questions.

Do you have a privacy statement on your website?

1. “We start by taking the time to learn your business. We ask the right questions to uncover your unique requirements and individual concerns. Then we help you to understand your potential for risk, no matter how elusive it may seem.”

2. “We address your need for a comprehensive risk management program and can reduce your overall cost, increasing your profitability and productivity.”

3. “We dig into the insurance specs to make sure you include all proper coverages on every job you bid.”

From a content perspective, be mindful of the information and articles you are posting. If the content was created by the agency, are all the statements factual? The more specific the information being provided,

Are appropriate disclaimers included on your site?

Is all content on your website accurate and do you have permission to post it?

If you collect information or payments on your website, are you compliant with state and federal privacy and data breach notification laws and regulations?

Contact me today at Mallory@iiaw.com to learn more about how I can assess your website and assist you in preventing it from being used against you in the event of a claim. For more risk management tips and tools, check out www. protectyouragency.com. > Mallory Cornell is the Director of Risk Management for the Independent Insurance Agents of Wisconsin.

SNAP SHOT into a Top 100 Agency How we grew from 28 Producers to 95 Producers.

Q: What markets do you have?

Q: How does carrier contingency work?

A. As the largest independent agency in Wisconsin, RRA has strong carrier relationships. We offer over 45 CL, 20 PL and 45 EB carrier partners.

A. Producers can share in all contingencies. Because of our size, our contingent return is more predictable and stable to our Producers.

Q: Will I make more money?

Q: Do you have a solid perpetuation plan?

A. Yes, we offer one of the strongest returns to Producers. We pay all office costs including staff salaries.

A. Scaling back hours, retiring or planning for the unexpected should be a priority. We help connect Producers with similar interests and backgrounds to develop a buy/sell plan where they are comfortable.

Q: How can I maximize my time?

Q: What technology resources do you offer?

A. We handle staff management, HR, accounting, IT, rating, office management and other administrative details. This allows Producers to spend more time with their families or growing their book on their terms.

A. A dedicated IT department ensures technology resources are performing and the latest tools are being reviewed. We operate on Applied Epic and offer Zywave, AccuComp and HR Workplace Services.

Learn More: Gary Burton I gburton@robertsonryan.com I 800.258.0277 I RobertsonRyan.com

News Members in the

Women CEOs Leading Their Companies to New Heights

This year has been a big year for the stock market, with many notable indexes soaring to new highs. But 2017 was important for more than just share price performance-it also marked another year where the number of women leading Fortune 500 companies jumped as well.

The percentage of women heading Fortune 500 companies hit an all-time high in 2017. As of this summer, when Fortune released its 2017 Fortune 500 list, 32 of the CEOs were women , up from just 21 last year.

That number still only accounts for 6.4% of the total, but it proved to be the highest in the history of the list. The number of female-led companies on the Standard & Poor’s 500 index is smaller by comparison, with only 26 women-or 5.2%-holding their company’s top position. This figure is based on a list compiled by the nonprofit group Catalyst . The firm also noted that women hold 21% of S&P 500 board seats.

Those numbers indicate that there is still plenty of progress to be made, but female CEOs did lead some of the biggest and most well-known companies, in a range of industries, in 2017.

This list includes the likes of aerospace and defense power General Dynamics’ GD Phebe Novakovic, as well as industry competitor Marillyn Hewson of Lockheed Martin Corp. LMT .

In the retail sector, Barbara Rentler has helped the discount department store firm Ross Stores ROST stock hit a new all-time high this year, making her one of several women leading their companies to new heights.

Let’s take a closer look at more of those leaders: Tricia Griffith, The Progressive Corporation PGR Tricia Griffith took over as president and chief executive officer of the insurance giant in July 2016. Since taking on the leading role at Progressive, Griffith began to bolster the company’s offerings. Previously, the company only really offered automotive coverage, but now Progressive has entered the $300 billion home insurance market-where they offer customers the chance to bundle home and auto.

Griffith helped roll out the company’s HomeQuote Explorer tool. “Normally, homeowner quotes are a nightmare,” Griffith told Fortune . “They take a long time. This is something that we will buy, any publicly available data. You fill in a couple of fields and you get a home quote from four companies. Really easy.”

Shares of Progressive are up over 57% on the year, and just hit a new 52-week and all-time high of $56.28 per share on Wednesday.

28 | JANUARY 2018

Acuity Recognized as Top Employer

by Stevie Awards Acuity is the winner of a Gold Stevie® Award for Great Employers, earning the company the distinction of Employer of the Year Insurance. The Stevie Awards for Great Employers recognize the world’s best employers and the human resources professionals, teams, achievements, and HR-related products and suppliers who help to create and drive great places to work.

“We are honored to be recognized as Employer of the Year among insurers,” said Ben Salzmann, Acuity President and CEO. “Everyone at Acuity can take pride in the workplace we have built together.”

“We are all committed to being a great employer not just within the insurance industry, but across all sectors and for employees of all ages and backgrounds,” said Joan Ravanelli Miller, Acuity General Counsel and Vice President - Human Resources. “Earning a Gold Stevie Award is a validation of our efforts.”

Additionally, Acuity earned a Silver Stevie Award for Achievement in Workplace Design for companies of more than 100 employees. The award recognized the impact of Acuity’s recent headquarters expansion project.

“In the expansion, we set out to create a business environment that was both state-of-the-art and employee-focused,” said Sheri Murphy, Acuity’s Vice President - Services and Administration. “It is an honor to be recognized for achievement in workplace design.”

Nicknamed the Stevies for the Greek word meaning “crowned,” the awards were presented to winners at the Marriott Marquis Hotel in New York on Friday, September 22. More than 500 nominations from organizations around the world were submitted this year for consideration. More than 50 professionals worldwide participated in the judging process to select this year’s Stevie Award winners.

“The judges were impressed with the quality of entries we received in the second annual Stevie Award for Great Employers. The dedication these Stevie-winning organizations have to providing great workplaces for employees was evident,” said Michael Gallagher, President and founder of the Stevie Awards.

In choosing Acuity as Employer of the Year - Insurance, judges noted Acuity’s “amazing set of employee engagement initiatives and benefits” and a fun work environment that encourages open communication.

In recognizing Acuity for Achievement in Workplace Design, judges highlighted the company’s “fun and informal spaces for employees to connect” as well as overall project design that was authentic to company culture and values.

Society Insurance Names Wondra Director of Innovation Society Insurance has announced the promotion of Kevin Wondra to director of innovation. In his new role, Wondra will administer product development and oversee the evolution of Society’s continuous improvement and customer experience teams.

Wondra has nearly 20 years of insurance experience including claims handling and supervision, sales and relationship management with independent agents and management of internal sales and marketing WISCONSIN INDEPENDENT AGENT

teams. Since joining Society in 1999, he has served as a field claims representative, field claims supervisor, regional sales manager, corporate marketing manager and director of sales and marketing.

“As I’ve grown up with Society in various roles, I’m honored to move into a capacity that highlights innovation and leads transformative change,” said Wondra. “The competitive landscape of our industry is so challenging but through enhanced operational efficiencies and strategic product development driven by a laser focus on our customers’ needs, Society will continue to thrive as an industry leader in the businesses we serve.”

Wondra earned a bachelor’s degree in mathematics from the University of Wisconsin-Whitewater and a master’s degree in insurance management from Boston University. He holds the Associate in Claims (AIC), Certified Insurance Counselors (CIC) and Chartered Property Casualty Underwriter (CPCU) designations.

Wondra also leads training sessions for National Alliance insurance classes.

Progressive targets new $300 billion market with Flo, and new tech Looking to replicate its success in the auto insurance market, Progressive Insurance is setting its sights on the home insurance business.

Under the direction of CEO Tricia Griffith, who was appointed just last year, the company has taken its first steps into the home insurance business with the launch of a quoting tool called HomeQuote Explorer.

revenue and has grown to become the 58th-largest property-casualty insurance company in the nation. The company also completed a $250 million headquarters expansion project in 2017 to accommodate anticipated staffing and business growth.

“Our growth continues to create opportunity not only for new hires who are looking for rewarding jobs, but also for existing staff who seek to advance their careers,” said Ben Salzmann, Acuity President and CEO. Job openings at Acuity will be in well-paid positions with high benefits. The company plans to hire processors and underwriters, software developers and technical support staff, business analysts, claims staff, customer service representatives, premium auditors, and more.

“Acuity continues to offer rewarding job opportunities to a wide range of employees, from people new to the workforce to professionals with years of experience,” said Joan Ravanelli Miller, General Counsel and Vice President - Human Resources. “By providing interesting and meaningful responsibilities and a corporate culture that is second to none, Acuity is the employer of choice in the insurance industry.”

Acuity earned Employer of the Year in Insurance in 2017 from the Stevie Awards, made the list of PEOPLE’s “Companies that Care,” was chosen as one of the top three “Coolest Offices in the U.S. and Canada,” and was named one of the “15 Offices You Wish You Worked In” across the world. They have also been recognized by Great Place to Work as a top employer for baby boomers, millennials, recent college graduates, women, and the financial services/insurance sector.

“Normally, homeowner quotes are a nightmare,” Griffith told Fortune in an interview. “They take a long time. This is something that we will buy, any publicly available data. You fill in a couple of fields and you get a home quote from four companies. Really easy.”

Griffith explained that with HomeQuote Explorer, it will only take customers 15 minutes or less to get quotes online, or on a mobile device. The tool is similar to another one that Progressive lets customers use to get auto insurance quotes.

The home insurance business is a $300 billion market – a “game changer” for Progressive, Griffith said. She remarked that it is her goal to make the insurer the go-to source for both auto and home insurance.

“Our plan is to grow as fast as possible,” she stated, mentioning that Progressive wants to outpace its rivals State Farm, Geico, and Allstate.

Progressive’s popular brand ambassador, Flo, is now a chatbot on Facebook Messenger. Customers can talk to her and ask her questions related to insurance, or even have normal conversations with her.

Acuity’s Growth Creates Over 100 Job Openings Acuity Insurance announced it plans to hire over 100 employees in 2018. Staff will be hired at Acuity’s corporate headquarters in Sheboygan and throughout the 26 states in which it does business.

Acuity’s hiring is the result of sustained, strong business growth.

The insurer is on track to finish 2017 with a 4.4% increase in WISCONSIN INDEPENDENT AGENT

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