Insurance Journal

04.06.09 SOUTH CENTRAL.qxd

4/3/09

9:48 AM

DIRECTORS & OFFICERS Expect Stress From Washington

Page 1

A VERY BAD YEAR Texas 2008 P/C Losses Soar

THE SOFT MARKET What to Do Before It Hardens

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 2

Walter Curtis, Master Machinist.

Known for his laser-like precision on the milling machine.

Expects the same accuracy from his workers’ compensation provider.

Business owners shouldn’t have to be experts in everything. Applied Underwriters® gives them the ability to concentrate on what they know best: their business. We do this by integrating casualty coverages, payroll processing and risk reduction services, all from one provider.

Combine this with insurance carriers that have earned an A.M. Best Rating of A (Excellent), it all equals a client retention rate of over 90%. For more information call (877) 234-4450 or visit www.auw.com.

©2007 Applied Underwriters, Inc. A Berkshire Hathaway Company.

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 3

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 4

Inside This Issue

April 6, 2009 • Vol. 87, No. 7 • South Central Region

N20 | Special Report: Directors and Officers D&O Market Expects the Unexpected N24 | Special Report: Directors and Officers Rising Risk of Bankruptcies N26 | Special Report: Directors and Officers D&O Insurance for Early-Stage VentureBacked Firms

N12 Special Report Top 100 Agency Profile Planning, People and Dedication Equal Success for Bollinger Insurance

NATIONAL COVERAGE N1 | Compensation Not Key Factor in Agency Satisfaction Study J.D. Power & Associates Says Satisfaction Linked to Business Sent to Insurers N2 | International Report Witch Hunt at AIG; Lloyd’s Sees ‘Flight to Quality’ N4 | Closer Look: Special Events/ Entertainment/Sports What’s So Special About Special Event Insurance?

N12 | Special Report: Top 100 Agency Profile Planning, People and Dedication Equal Success for Bollinger Insurance N20 | Special Report: Directors and Officers Washington Promises More D&O Stress

44

The Federal Stimulus Package Reasons Why Agents Should Pay Attention

SOUTH CENTRAL 44 | The Federal Stimulus Package Reasons Why Agents Should Pay Attention 46 | A Costly Year 2008 Put the Hurt on the Texas Insurance Industry

IDEA EXCHANGE N16 | Growing Your Property Casualty Agency Don’t Let F.U.D. Extinguish Your Marketing Efforts

46

A Costly Year 2008 Put the Hurt on the Texas Insurance Industry

N47 | What Is Your Agency Worth?

Buyers Consider Many Factors When Looking at an Agency N50 | Closing Quote: The Soft Market Steps to Take Before It Hardens

DEPARTMENTS 6 Opening Note 8 It Figures 8 Declarations 9 People N18 MyNewMarkets 48 Business Moves

4 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

50

The Soft Market Steps to Take Before It Hardens

www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 5

Who insures you doesn’t matter.

Until it does.

Financial Strength and Exceptional Claim Service Property | Liability | Executive Protection | Workers Compensation | Marine | Surety Homeowners | Auto | Yacht | Jewelry | Antiques | Accident & Health Chubb Group of Insurance Companies ("Chubb") is the marketing name used to refer to the insurance subsidiaries of The Chubb Corporation. For a list of these subsidiaries, please visit our website at www.chubb.com. Actual coverage is subject to the language of the policies as issued. Chubb, Box 1615, Warren, NJ 07061-1615

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 6

Idea Exchange Opening Note

Ready, Set — OK A

s this issue of Insurance Journal South Central Edition went to press, Oklahoma officials were set to award $250 million in contracts for much needed road and bridge improvements in that state. The money is part of the $465 million Oklahoma stands to receive as part of the American Recovery and Reinvestment Act of 2009 (ARRA), or the federal economic stimulus package, for road and bridge construction projects.

Gov. Brad Henry said the projects will create jo bs and provide a boost to the Oklahoma economy. It couldn’t come at a better time. Oklahoma, like every other state, is suffering its share of w oes from the economic downturn. The state’s unemployment rate for February 2009 was 5.9 percent, lower than the national average of 8 percent but 2.4 percent higher than it was at the same time last year. Pockets of the state report more severe unemployment. Tillman County, for example, had an 11.5 percent unemployment rate in February, the highest in the state, according to the Oklahoma Employment Security Commission.

The state also is expecting to receiv e between $10 million and $15 million from the stimulus package to rehabilitate high-hazard earthen flood protection dams a cross the state, according to the Oklahoma Conservation Commission and the Oklahoma Association of Conservation Districts (OACD). The money will come from the $50 million in stimulus funds being distributed nationally for rehabilitation of upstream flood control structures. The state is obligated to match the funding it receiv es for the dam proj‘Oklahoma has ects.

2,105 upstream “Oklahoma has 2,105 upstream flood control structures, flood control more than any other state,” OACD President Trey Lam said structures, more during a press conference announcing the dam rehabilitation than any other initiatives. “As our flood control infrastructure ages, we literstate.’ ally are in a race against time when it comes to our ability to continue protecting people and property from flooding. These funds will be put to good use.”

“In Oklahoma, stimulus funds will be used to rehabilitate flood control structures with dollars going to the projects where the greatest risk of structure failure and threat to life and property exist,” the OACD said in its press release. “It is anticipated that additional local jobs will be created by this rehabilitation work. In addition, dollars will be spent with local b usinesses for supplies and services associated with the projects.”

New jobs, money spent with local businesses and much needed safety improvements to the state’s infrastructure are a positive combination for the state. They will go a long way to making Oklahoma even more … OK.

Publisher Mark Wells Chief Executive Officer Mitch Dunford

EDITORIAL

Editor-in-Chief Andrea Ortega-Wells | awells@insurancejournal V.P. Content/ and Interim Midwest/Southeast Editor Andrew Simpson | asimpson@insurancejournal.com East Editor Kenneth J. St. Onge | kstonge@insurancejournal.com South Central Editor Stephanie K. Jones | sjones@insurancejournal.com West Editor Patricia-Anne Tom | ptom@insurancejournal.com MyNewMarkets Associate Editor Chris Boggs | cboggs@insurancejournal.com International Editor Charles E. Boyle | cboyle@insurancejournal.com Columnists Alan Shulman Contributing Writers Robert Baker, Stephen G. Bushnell, Scott Chang, Stuart Ganis, Rachael Owens, Mike Schwander, Brigitt Whitescarver

SALES V.P., Sales & Marketing Julie Tinney (800) 897-9965 x148 jtinney@insurancejournal.com West Dena Kaplan (800) 897-9965 x115 dkaplan@insurancejournal.com South Central Eric Jeter (281) 655-0234 ejeter@insurancejournal.com

Midwest Lauren Knapp (800) 897-9965 x161 lknapp@insurancejournal.com Southeast Howard Simkin (800) 897-9965 x162 hsimkin@insurancejournal.com East Dave Molchan (800) 897-9965 x145 dmolchan@insurancejournal.com

MARKETING

Marketing Administrator Gayle Wells | gwells@insurancejournal.com Advertising Coordinator Erin Burns | eburns@insurancejournal.com (619) 584-1100 x120 New Markets Sales Manager Kristine Honey | khoney@insurancejournal.com Classified and Ancillary Sales Manager Nicola Coghill | ncoghill@insurancejournal.com (619) 584-1100 x125 New Media Producer Chad Reese | creese@insurancejournal.com

DESIGN/WEB

Vice President/Design Guy Boccia | gboccia@insurancejournal.com Vice President/Technology Joshua Carlson | jcarlson@insurancejournal.com Graphic Designer Jamie Bethell | jbethell@insurancejournal.com Web Developer Jeff Cardrant | jcardrant@insurancejournal.com Web Developer Chris Thompson | cthompson@insurancejournal.com

A D M I N I ST R AT I O N

Accounting Manager Megan Sinclair | msinclair@insurancejournal.com Admin./ Marketing Asst.

Kristina Delavega | kdelavega@insurancejournal.com Cover designed by: Jamie Bethell

Kingfisher, Okla., August 2007.

Marvin Nauman/FEMA

Stephanie K. Jones South Central Editor sjones@insurancejournal.com

Insurance Journal, The National Property/Casualty Magazine (ISSN: 00204714) is published semi-monthly by Wells Publishing, Inc., 3570 Camino del Rio N orth, Suite 200, San Diego, CA 92108-1747. Periodicals Postage Paid at San Diego, CA and at additional mailing offices. SUBSCRIPTION RATES: $7.95 per copy, $12.95 per special issue cop y, $195 per y ear in the U .S., $295 per year all other co untries. DISCLAIMER: While the information in this p ublication is deriv ed from so urces believed reliable and is subject to reasonable care in preparation and editing, it is not intended to be legal, accounting, tax, technical or other professional advice. Readers are advised to consult competent professionals for application to their particular situation. Cop yright 2009 W ells Publishing, Inc. All Rights R eserved. Content ma y not be photocopied, reproduced or redistrib uted without written permission. Insurance J ournal is a p ublication of Wells Publishing, Inc. POSTMASTER: Send change of address form to Insurance Journal, Circulation Department, PO Box 9049, Maple Shade, NJ 08052

6 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

FOR QUESTIONS REGARDING SUBSCRIPTIONS: please call 856-380-417 6 or email subscribe@insurancejournal.com. You may subscribe or change your address online at insurancejournal.com/subscribe.

ARTICLE REPRINTS: For reprints of articles in this issue, contact Rhonda Brown at 1-866-879-9144 ext. 194 or rbrown@fostereprints.com. Visit insurancejournal.com/reprints for more information.

04.06.09 SOUTH CENTRAL.qxd

l

m m

thals py, R: to her ictoof 49, ur44 n.

3/31/09

4:08 PM

Page 7

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:08 PM

Page 8

South Central Coverage Snapshot

It Figures

Declarations

165

Frankly Mad

The estimated incurred loss ratio for insurers in T exas in 2008 is a record high of 127; the combined loss and expense ratio is estimated at 165. Texas Department of Insurance “Texas Homeowners Insurance Loss Data 1992-2008” report puts estimated losses for 2008 at $6,565,744,849, while direct premiums earned by homeowners insurers for 2008 came in at $ 5,169,021,636. TDI says the 2008 loss data is preliminary but represents data from all major insurers.

“It’s very, very disappointing. I’ve just pretty much run o ut of patience.”

— Oklahoma Insurance Commissioner Kim Holland. Holland says she is “grossly disappointed and frankly mad” about a continuing backlog of more than 200,000 unpaid health insurance claims in her state’s workers’ insurance plan and that the backlog at the HealthChoice plan is “absolutely unacceptable.” Holland said the problem is forcing some hospitals and health care providers to refuse to honor the insurance plan and demand cash for their services. She said officials are working on a plan to make pr epayments to providers whose claims are caught up in the backlog, which could take months to eliminate. AP

$250 Million At the end of March, Oklahoma w as preparing to award $250 million in contracts related to the federal stimulus package for road and bridge projects planned for all areas of the state. The projects are in a ddition to those in the regular eight-y ear construction plan of the state transportation department. The projects were outlined in what officials described as the biggest single transportation bid letting ever in Oklahoma, which is getting $465 million overall from the federal stimulus package for road and bridge construction. AP

$22.5 Million The lone survivor of a helicopter crash that killed eight people in Louisiana in January has sued the aircraft’s manufacturer and two other companies for $22.5 million. A federal lawsuit filed on behalf of Steven Yelton, of Floresville, Texas, and his wife, Kelly, seeks damages from Sikorsky Aircraft Corp., PHI Inc. and A eronautical Accessories Inc. The suit claims PHI, the helicopter’ s owner, installed a defective plexiglass windshield made by Aeronautical Accessories on the Sikorsky S-76C helicopter. It is the fourth such lawsuit filed as a result of the crash. AP

$160 Million A hailstorm in Central Texas on March 25 knocked out windows, smashed roofs and dented thousands of automobiles causing an estimated $160 million in insured losses. The fast moving storm pummeled Marble Falls, Texas, with golf ball size hail; tennis ball size hail w as reported in parts of Travis and Williamson Counties. Hundreds of new cars in several automobile dealerships were heavily damaged. In all more than 22,000 v ehicles were damaged in the storm and nearly 15,000 homes received insured losses, according to the Insurance Council of Texas. Severe storm losses also were reported in Sherman and in Ho uston as a result of the storm.

8 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

Adequate Funding Needed “We’ve seen what happens when a large storm hits our coast. … If we don’t put adequate funding in place for the 2009 season, we could wreck our insurance markets and the state budget with one more Hurricane Ike.” — David VanDelinder, executive director of the Independent Insurance Agents of Texas. The IIAT is urging state lawmakers to come up with a viable plan for funding the Texas Windstorm Insurance Association (TWIA), which Gov. Rick Perry had decreed is a top priority for the Texas Legislature. Lawmakers have debated several solutions but so far none has risen to the top . The storms of 2008 cost TWIA six times the premium collected in the previous year, IIAT noted. In just one year, 2008 storms depleted a 36-year surplus of reserves and recent scientific storm models estimate damage from another large storm in Texas as high as $8 billion. Research from the Perryman Group in 2006 after Hurricane Katrina, found Texas’ economic success is directly linked to Gulf Coast industries.

Approximately 40 percent of jobs and incomes across the state are tied to coastal industries such as tr ansportation and oil and gas.

No Tort Crisis “I call upon the Legislature to produce facts — not myths or urban legends — but proof of the necessity of the measures that have been introduced. … Some of the supporters of this legislation know that Oklahoma does not have a tort crisis.”

— Attorney Jon Parsley, president of the Oklahoma Bar Association. Parsley, of Guymon, Okla., blasted legislative proposals to change the state’s civil justice system, charging that the measures are an assault on the judiciar y and would harm average Oklahomans.

He says supporters of tort reform legislation are using “untruths and partisan politics” to make the case that the state is facing a lawsuit crisis that is driving up insurance costs. He pointed out that a 2006 survey of Oklahoma trial judges found that 90 percent of judges believed there was no litigation crisis requiring legislative changes.

The same survey found that there was no severe problem with frivolous lawsuits. AP www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 9

South Central Coverage People

John Collins

Dana Jones

Rob Marsh

Trey Halbert

Elizabeth Demaret

Higginbotham & Associates, an independent insurance brokerage firm based in Ft. Worth, Texas, added employee benefits brokers John Collins, Dana Jones and Rob Marsh to its managing director team for 2009, in recognition of their contributions to the firm.

With these additions, Higginbotham now has 33 managing directors who collectively guide the firm’s growth strategies, customer service standards, employee management procedures and carrier relations.

Collins joined Higginbotham at its Ft. Worth home office in 2000 after working in health plan management, finance and client services for several large North Texas medical centers and physician organizations.

Jones was recruited into Higginbotham’s Producer Mentor Program at its home office in 1997 after gra duating from the University of Kentucky with a bachelor’s degree in political science.

Marsh recently moved to Higginbotham’s Dallas office from its Ft. Worth headquarters, where he began working in 2002. Before joining the firm, he was an independent health insurance contract broker and a sales/marketing representative for a home and health care company.

McQueary Henry Bowles Troy L.L.P. (MHBT), an insurance and risk management firm headquartered in Dallas, announced that Trey Halbert, a senior vice president with the employee benefits group in MHBT’s Austin office, was named winner of the 2 009 Austin Under Forty (Au40) Awards in the financial services category.

This is the second consecutive year that Halbert has been nominated for this recognition.

Hosted by the Young Men’s Business League and the Young Women’s Alliance, the Au40 Awards recognize young men and women in Austin who excel in their professional fields and make considerable contributions to the community.

The 2009 finalists were pulled from more than 200 public nominations and were judged half on professional merit and half on community commitment. Based on this criteria, 50 finalists were selected representing one of 10 categories of professional fields, including arts/entertainment, business/ entrepreneurship, community service, financial services, government/public affairs, legal, medical/health care, real estate, technology/sciences and youth/education. Of the 50 finalists, the 10 most outstanding, community-oriented men and women of Greater Austin were recognized.

Halbert also has been named as one of fiv e finalists for the 2008 Young Leader of the Year Award, presented by the United Way Capital Area Young Leaders Society.

Elizabeth Demaret, managing director of Arthur J. Gallagher, was appointed chairwoman of the World Federation of Insurance Intermediaries (WFII), an international association representing intermediaries from around the world. Based in Chicago, Demaret is one of six

www.insurancejournal.com

WFII World Council members from North America and a member of The Council of Insurance Agents & Brokers.

Demaret will serve a one-year term as chairwoman, and another year as outgoing chair. Demaret follows David Harari, director of IFEBO in France, as chair of the WFII. Ohio-based Central Insurance Companies named Tim Rauch as regional vice president for its So uthwest Regional Office in Dallas. He is responsible for all underwriting, marketing and claims functions serving independent agents in Texas, Arizona, New Mexico, Oklahoma and Colorado.

Rauch is a 21-year veteran of the insurance industry. He previously managed commercial underwriting, marketing and regional operations for The Hartford Insurance Co. More recently, Rauch worked on the independent agency side as a regional sales manager for USI, and as a producing vice president for Insurance Alliance.

Wholesale insurance broker Westrope, based in Kansas City, Mo., announced that Christopher Morris joined the Westrope Southwest Team in Dallas.

Morris, who joins Westrope as a vice president in casualty, produced and managed specialized risk management accounts with Aon Risk Services Inc. in Dallas for 10 y ears. He left Aon in 2007 for the wholesale side of the industry, and specializes in construction and real estate development accounts.

Arkansas-based independent insurance agency Stephens Insurance LLC added eight insurance professionals to its commercial insurance services team in Little R ock.

All formerly were with Regions Insurance in Little Rock.

In the Risk Management Division, Senior Vice Presidents Bill Bussey and Stan Payne will lead a team providing insurance brokerage and risk management services to large public and private commercial clients. Resources will include risk assessment and audit, coverage design, actuarial analysis, loss control and claims management, as well as traditional brokerage services, to clients nationwide.

Also joining the Risk Management Division are Vice President James Goss, Account Managers Mary Whitten, Denise Thompson and Shirley Simmons; and Customer Service Representatives Stephanie Jones and Matt Jones.

Bussey and Payne served as senior vice presidents at Regions Insurance, where they led an insurance and risk management services team for large corporate clients.

During their tenure at the firm, both receiv ed sales and client retention accolades.

Founded in 1987, Stephens Insurance LLC is an affiliate of Stephens Inc. A full-service agency, Stephens Insurance provides a range of insurance consultation, products and services to individuals, corporations and municipalities through offices in Little Rock, Austin, Dallas and Fayetteville, Ark. IJ April 6, 2009 INSURANCE JOURNAL-SOUTH CENTRAL REGION | 9

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 10

04.06.09 NATIONAL.qxd

4/1/09

9:25 AM

Page 1

National Coverage News & Markets

Study: Agency Satisfaction Linked to Amount of Business Sent to Insurers

By Andrea Ortega-Wells

W

hen it comes to an agency’s satisfaction with its personal lines insurance companies, commissions do not rank as tops. Nor do commissions rank second. In fact, out of six satisfaction factors, compensation from an insurer ranks dead last, according to a new industry study.

Kara Steslicki, senior research manager for J.D. Power and Associates, who helped conduct the study, said the fact that compensation ranked last as a factor that determines agency satisfaction was a bit surprising.

“We thought that compensation would be a little more important especially given the independent agency channel,” Steslicki said. “We thought that compensation might be a way that carriers could entice agents to send business their way.”

But Steslicki says the survey revealed that what agencies are most interested in is satisfying their policyholders, especially in today’s tough economic times.

Customers are looking at how much money they want to spend on insurance, and their agents are trying to help them by adjusting

www.insurancejournal.com

their coverage in order to save money, she said.

What the survey found is that what agents want most is a variety of policy offerings and continuous contact with their insurers, Steslicki said.

The inaugural “Insurance Agency Satisfaction Study” measured the satisfaction of independent insurance agents and agency staff with the personal property/ casualty insurance companies they represent. Agent satisfaction was examined across six factors. In order of importance, they are: key carrier contacts (32 percent), policy offering (23 percent); claims (16 percent); technology (13 percent); price (10 percent); and compensation (5 percent).

The study found that agent satisfaction typically increases the more often agents interact with the business contact from their insurance company. Agents prefer to receive business contacts via phone or email at least once or twice a month.

However, satisfaction levels are particularly high when the business contact visits more than once per month. In 2009, fewer than 15 percent of agents report receiving such frequent visits.

“Agent satisfaction is very closely linked to the overall business growth of an insurer, as agents have tremendous influence over policyholders when it comes to switching providers,” said Jeremy Bowler, senior director of the insurance practice at J.D. Power and Associates. “In fact, 60 percent of consumers report that they would follow their agent recommendation to switch to a new insurance company.”

As agent satisfaction increases, the likelihood of agents increasing their premium business with an insurance company also rises, the study found.

In 2009, nearly 70 percent of agents with satisfaction scores averaging more than 800 points on a 1,000-point scale indicate they intend to increase business with the insurance company. In contrast, only 28 percent of agents with scores averaging 600 points or less indicate the same, the study reported.

“Agents are obviously really interested in working with insurers that are supporting them and that was a common theme throughout the entire study,” Steslicki said.

Offering a marketing or advertising budget also greatly impacts agent satisfaction, according to the study. In 2009, nearly 60 percent of agents report that they did not receive any budget for local marketing or advertising.

However, among those agents who received and used all of the

funds provided by the insurer for advertising and marketing purposes, satisfaction scores average 808, compared with an average of 692 among those agents who were offered no funds for such endeavors.

“The more agencies use those dollars to promote their agency the more satisfied they are,” Steslicki said.

Steslicki also said while few agencies reported their insurers gave them business leads, those that did had higher satisfaction rates.

“About 20 percent of the agencies studied said that they did receive leads from their insurers and obviously the more qualified that those leads were the more satisfied that they were,” she said. “But even providing leads at all definitely impacted satisfaction.”

The study also found that satisfaction declines considerably as the amount of time it takes for insurance companies to notify agents of a customer-filed claim increases.

“Whatever the insurer can do to support the agency is definitely recognized,” Steslicki said. “Those agencies that are more satisfied are more likely to send their business to those types of insurers.”

While this was J.D. Power & Associates’ inaugural “Insurance Agency Satisfaction Study,” Steslicki says they hope to do another study next year and plan to replicate the study for commercial lines insurers writing business owner policies.

The “2009 Insurance Agency Satisfaction Study” is based on responses from 1,589 insurance agents evaluating more than 10 insurers across the industry, including AIG, Allied, Chubb, Erie Insurance, Farmers/Foremost, Fireman’s Fund, The Hartford, Liberty Mutual, Progressive and Travelers. The study was fielded in November 2008. IJ

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N1

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 2

International Coverage News & Markets

Witch Hunt at AIG; While Llo yd’s Sees ‘Flight to Quality ’

By Charles E. Boyle

would have been better off, if it ha d. Then it would have had to establish reserves and would have been subject to regulation. As a he witch hunt that has engulfed AIG result its wholehearted rush into risky investneeds to be toned down. If for no other ments might have been curtailed. reason than it’s making the problem worse, AIG, however, was a counterparty on innunot better. It also reduces the likelihood that merable risks. In very simple terms, it bought U.S. taxpayers will get back any of the money and sold contracts of one kind or another the government has put into it. (default swaps, CDO’s, notes) — it doesn’t matPeople from President Obama on down are ter. On the other side of those transa ctions perhaps properly outraged that a company, were the buyers and sellers — AIG’s counterwhich lost $58 billion in one quarter and has parties. been taken over by the government for $130 The simplest example is currency trading: billion, paid its executives, some of whom Bank A needs $1 million for some of its cuscaused the mess, $160 million in bonuses.

However, the outrage over AIG paying off its tomers; Bank B needs an equivalent amount in Euros. They make a deal to provide the amounts on a certain date, thus becoming counterparties and undertaking to honor their contract. The financial instruments or contracts AIG entered into along with many banks is more complicated, but they remain essentially the same type of transaction.

AIG Financial Products (AIGFP), its financial unit, bought and sold hundreds of thousands of financial instruments all over the world, using the parent company’s ‘AA’ rating to obtain better credit terms for the deals, which in turn A protestor holds up a sign resembling a check as he rallies outside the AIG building in Los made their cost subject to a ratings downgrade.

Angeles March 19, 2009. REUTERS/Mario Anzuoni When the originators of those contracts couldn’t pay their obligations, it other obligations — notably to “foreign banks” created a domino effect. The sequential holdand Goldman Sachs — is a bit misplaced. As ers, like AIG, couldn’t honor their obligations.

Chris Boggs, associate editor of The whole system began to collapse, threatenMyNewMarkets.com pointed out, credit default swaps worldwide total $58 trillion (See: ing the stability of the entire global financial system. www.insurancejournal.com /news/national/ Whether the financial counterparty is in 2009/03/25/99039.htm]. The government bailed Paris, Texas, or Paris, France, is immaterial. out AIG primarily so it could at least pay a Financial transactions — as the current crisis part of what it owed. proves in spades — are global. One only has to As a number of commentators have pointed look at the result of the failure to support out, AIG didn’t insure these contracts. It

T

N2 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

Lehman Brothers to gauge what effect on world finances a similar failure to support AIG could have had.

Lack of liquidity/lack of credit are now strangling the economies of every country in the world. Fear has replaced trust to the extent that the world’s banks and other financial institutions are afraid to do business, even with sound commercial risks. Their reluctance to enter into counterparty transactions has to be eradicated, if the world is ever to emerge from the current crisis. Supporting AIG and the banks is a necessary, if somewhat unpalatable, step towards global recovery.

Lloyd’s made a lot less money in 2008, than in 2007; still $2.78 billion is not a negligible sum, even if it’s only about half that of the prior record year. Luke Savage, Lloyd’s of London’s finance director is relatively sanguine about the decline. In a telephone interview he acknowledged that we’re in for a “very tough 2009,” but that Lloyd’s 2008 results weren’t all that bad compared to the rest of the market.

He pointed out that the “insurance market is going through a period of uncertainty, and policy holders are hesitant about placing all of their business with one carrier.” The result is what Savage termed “a flight to quality.” With around £2.6 billion ($3.8 billion) in its Central Fund (the facility that assures claims’ payments), Lloyd’s is well positioned to offer just that type of security.

In fact, Lloyd’s structure is tailor-made to solve the problem. “We’re a subscription market,” Savage explained. “A risk is typically shared by more than one Syndicate.” A “lead Syndicate” places the initial coverage. It has standing agreements with a number of other syndicates to take on a certain percentage of the risk and on what terms they will do so.

The policyholder thereby automatically spreads the risk of non-payment of a claim among a number of syndicates, who are in turn backed by a selected number of carriers - all of whom have met Lloyd’s rigid financial standards. In the rare instances when a syndicate can’t pay a claim, the policyholder has recourse to the Central Fund. IJ Boyle is international editor for Insurance Journal. E-mail: cboyle@insurancejournal.com. www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 3

He takes protecting your client’s personal assets very personally.

–Carl Pursiano, Senior Vice President LIU Management Liability

Yes, there’s a D&O insurer that’s as responsible as you are.

Of all the reasons Liberty International Underwriters has become a leading specialty lines insurer, what truly sets us apart is our instinct to do the right thing. We meet your needs quickly, consistently, and responsibly. Together, we can provide the best products for your clients. We don’t just value our relationship with you. We work at it.

For specific information about the types of risk we write, visit liu-usa.com/d&o. Liberty Mutual is rated A by A.M. Best.

Responsibility. What’s your policy?

EXCESS CASUALTY & UMBRELLA • E&O • D&O • PRIMARY CASUALTY • FIDELITY • ENVIRONMENTAL • CONSTRUCTION • MARINE • ENERGY

All products written by member companies of Liberty Mutual Group. © 2009 Liberty Mutual Group.

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 4

Closer Look Special Events/Entertainment/Sports

What’s So Special About Special Event Insurance?

By Robert Baker and Brigitt Whitescarver

T

he pitfalls of not placing special-event coverage, when it’s truly needed and available, can result in catastrophic losses to your insured, and possibly even damage the credibility of your agency and errors and omissions coverage. You might think that an Insurance Services Office (ISO) commercial general liability (CGL) policy would do an excellent job of providing insurance protection to the sponsor or promoter of a private or public event. After all, a CGL policy comprehensively addresses the third-party

bodily injury, property damage and personal injury exposures of an event. Insurers who specifically write policies for events believe the CGL policy perhaps does the job all too well, and they’re unwilling to provide the CGL without additional limitations and definitions.

Thus comes the impetus for special event insurance. What’s so special about it? It’s a special breed of CGL coverage, an insurance product that doesn’t come straight off the shelf.

Agents and brokers who provide one-off event policies need to familiarize themselves with it,

learning what protection is and is not offered by the altered CGL. Agents should also learn where to find the broadest policy available, augment that coverage where needed, and be able to educate their clients about the exposures they must retain and need to manage.

One further “special-ness” of special-event coverage stems from its very nature. The risks that occur at events involve varying numbers of people, often large, that participate in or watch activities such as sports, acts of daring, continued on page N6

SINCE 1992 WESTROPE HAS PLACED BILLIONS WITH MAJOR CARRIERS IN THE U . S . A N D G L O B A L M A R K E T S I N T H E B E L I E F T H AT T H E W O R L D N E E D S T H E B E S T W H O L E S A L E I N S U R A N C E S O LUTIONS. PROPERTY | CASUALTY | TRANSPORTATION | CONSTRUCTION | AGRIBUSINESS HEALTHCARE | EXECUTIVE & PROFESSIONAL LIABILITY | BINDING AUTHORITY WORKERS’ COMP | CLAIMS SERVICES | LIFE SCIENCES

WESTROPE.COM

ENSURING INSURANCE

BRAINS & BRAWN N4 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 5

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 6

Closer Look Special Events/Entertainment/Sports Event Insurance, continued from page N4

all genres of musical performance and theater, amusements like rides and games, dancing, walking and rallies. Events challenge their organizers to work fast, often under pressures of schedule, weather and budget. They require complex orchestration of people, equipment and resources. Event holders have the responsibility of safety and security of guests, v olunteers and employees.

Event insurers analyze what they can risk or take on as part of the CGL. They review trends in loss and claims experience and decide what they need to charge for the insurance provided.

With the intent that exposures are managed at an event, insurers take into account controls that should be in place.

Contracts play a major role in the transfer of event risk; the contract that carries a great deal of consequence for the promoter and the insurer is the premises lease contract. More often than not, an event holder enters into a lease agreement with a facility, city, county or parks department that owns or controls the site where the event will take place. This contract

will have an indemnification clause which transfers to the lessee (the event holder) most of the liability for the premises and all event operations. This contractual responsibility is often triggered in a loss, and if brought into a suit the event holder doesn’t want to be “bare” of insurance protection nor take on the liability of another responsible party.

Special Event Endorsements Many of the limiting endorsements attached to the special-event CGL address specific event operations that are a part of the o verall event.

Insurers exclude coverage for selected activities feeling that these operations would be better insured elsewhere and in addition priced accordingly. The event promoter will often hire independent service providers to perform operations and should be aware of the proper transfer of liability.

Not all special event endorsements are included in each event insurer’s policy, and those discussed in this article are only a sample.

Individual insurers may also have their own

manuscript form for a limiting endorsement, with language they feel best achieves their intended result. Besides endorsements that name the lessor as an additional insured, a few of the more common special event endorsements are discussed here.

Exclusion - Collapse of Temporary Structure. This includes structures such as tents, stages, bleachers, barricades and temporary fencing. This exclusion is very common in event policies. The insured must be aware that insurance is not provided to them if they, their employees, contracted labor or volunteers erect a tent or other temporary structure and a loss occurs that causes bodily injury or property damage to a third-party. Tenting, staging and event rental companies can be hired to p ut up necessary structures, and in doing so, the event holder should verify that insurance is in place and that a proper risk avoidance and transfer has taken place.

Exclusion - Seating, Fixtures and Glass.

The ISO CGL provides third-party property continued on page N8

We’ve Been Lending ...

Orlando, FL Senior Term Facility Line of Credit Cash Management

Charlottesville, VA Senior Term Perpetuation Cash Management

And we haven’t stopped. When successful independent agencies need capital for agency acquisition and perpetuation, they turn to InsurBanc. Your agency too can count on InsurBanc.

We are fully committed to the insurance industry. Our strength and unmatched expertise make us your most reliable source of capital.

• • • •

Checking & Cash Management Lines of Credit & Credit Cards Debt Refinancing Online Banking & Remote Deposit

• • • •

Equipment Leasing Commercial & Residential Mortgages Premium Trust Accounts Agency Acquisition & Perpetuation Loans

(866) 467-2262 www.InsurBanc.com N6 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 7

Our brokers want responsiveness.

Our clients want experience.

We deliver.

From solid financial ratings, to superior customer service, to a strong global presence. Allied World Assurance Company is uniquely positioned to deliver the insurance and reinsurance solutions you need, when you need them. www.awac.com

ATLANTA

|

BERMUDA

HONG KONG

|

|

BOSTON

LONDON

|

|

|

CHICAGO

LOS ANGELES

|

COSTA MESA NEW YORK

|

|

DUBLIN

|

FARMINGTON

SAN FRANCISCO

|

ZUG

Insurance coverage is underwritten by member companies of the Allied World Assurance Group. Coverage is subject to underwriting.

Member companies may not be licensed in your state or jurisdiction. To find out if coverage is available, please contact your insurance broker.

04.06.09 NATIONAL.qxd

4/1/09

9:26 AM

Page 8

Closer Look Special Events/Entertainment/Sports Event Insurance, continued from page N6

damage coverage to the property of the leased event premise if the lease period is seven days or less. This exclusion, however, if endorsed, removes coverage for those items shown. The seating, fixture and glass exclusion is often used for concerts and stems from facility property losses. This exposure is impossible to transfer to a subcontractor. If there’s a concern, it could be managed in the lease or through possible losscontrol methods.

Exclusion - Liquor Liability Amendment.

Liquor or dram shop liability is excluded in the ISO CGL if the insured is profiting in an y way from the distribution or sale of alcohol. If an insured is “hosting” alcohol the CGL is silent and the activity is not excluded by the standard ISO form. This coverage is known as “host” liquor liability.

When the amendment is attached to a policy, it will “strip” even the host coverage and create an absolute liquor exclusion. Thus, if liquor is hosted at the event and the insured were brought into a third-party bodily injury suit, the insured would have no defense or coverage.

To avoid alcohol-related exposure, the event holder can hire a third-party vendor to serve alcohol. The holder can also buy a separate liquor liability policy. Because of the severity of liquor-related claims, it’s also recommended that, in addition to the vendor showing evidence of liquor liability, the vendor also name the insured/event holder as an additional insured on their liquor policy.

Exclusion - Events with Live Performances of Rap/Hip Hop. This exposure is excluded by most special-event policies but can be mitigated differently by a variety of forms. Certainly coverage is available for these types of performances, but only with additional underwriting and usually at higher premium costs. A history related to battery and w eapon assaults has given this entire genre a bad reputation. Promoters now pay a premium to find coverage in a limited marketplace. Underwriting requirements have been heightened as well, such as requiring metal detectors and patdowns before entering the concert venue.

Exclusions - Athletic or Sports

N8 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

Participants with Respect to the Insured Operations. Coverage will not apply to bodily injury to a person while practicing or participating in any sports or athletic contest or exhibition. This exclusion is present in all event policies unless a specific athletic event policy is purchased. There is little room for interpretation.

Neither insurance coverage nor defense costs are provided if a suit is brought against the event holder by an injured athletic participant — think softball game. Activities such as dance performances or cheerleading are also often interpreted as athletic activities by an insurer.

When in doubt, agents should clarify their carrier’s interpretation of this exclusion.

Event insurers comfortable with athletic participant exposures will write a CGL policy without this exclusion, thus making the policy silent on this third-party class. Athletic participation also triggers additional underwriting.

The insurer tailors premium pricing to the specific athletic exposure — the premiums to insure ski racers will be much higher than for continued on page N10

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:27 AM

Page 9

04.06.09 NATIONAL.qxd

4/1/09

9:27 AM

Page 10

Closer Look Special Events/Entertainment/Sports Event Insurance, continued from page N8

marathon runners. Insurers will also usually require participant medical accident insurance to act as a buffer for possible litigation.

Exclusions - Assault & Battery. This is another common exclusion. An assault and battery endorsement releases insurers from the duty to defend claims made by third parties for

this personal injury peril. Language varies among insurers. Producers should be familiar with how this endorsement may apply to their client’s operation. Event holders should reconsider using volunteers for “crowd control” and instead outsource this operation to a licensed and insured security company.

What working with a solid carrier feels like.

In turbulent times, strong coverage from a stable carrier is a sight to behold.

To ensure your customers get the coverage they need, Lee & Mason and Freedom Specialty, part of the Scottsdale Insurance Group, are partners providing Insurance Agents Errors & Omissions Coverage.

You can benefit from an A.M. Best rating of A+XV and a Standard and Poor’s “A” rating, in addition to an unparalleled level of expertise and service.

Stability—it’s a beautiful thing.

Contact us today and see what we can do. Professionals Insuring Professionals 1-877-562-4311 ext. 404 UÊwww.leeandmason.com

Underwritten by Scottsdale Indemnity Company

N10 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

Exclusions - Bodily Injury to Independent Contractors. This endorsement varies by carrier, but excludes bodily injuryrelated claims from hired 1099 labor and independent contractors and their employees. In a perfect world, bodily injury incurred by independent workers during an event should be covered by the independent contractor’s workers’ compensation insurance. But most hired labor or sub-contracted sole proprietors will not have workers’ comp in force. This exclusion removes all coverage and defense costs for their possible third-party suits.

Event holders with this exclusion can try to protect themselves by requiring evidence of workers’ comp from all subcontractors, hiring labor from an agency that provides workers’ comp for their labor pool, or by making their 1099 labor at the event employees. A new insurance product targets this gap and sells workers’ comp to all event labor on a blanket basis if evidence is not shown. Without something like this, it’s best to remove this exclusion.

Exclusions - Medical Payments. Although medical payment coverage is defined and shown in the ISO CGL, it is then excl uded by this endorsement. Because events involve the gathering of a large number of people, many insurers don’t wish to be contractually bound to pay claims regardless of their insured’s fault.

Trips and falls are the most common loss occurrences at events. Full policy limits are still available for bodily injury-related claims when negligence is the trigger and the occurrence is covered by the policy.

There are a number of special event coverage specialists in the insurance industry that can help. Plus, a number of insurance products and programs allow you to augment an event CGL. Additional insurance coverages to consider include event cancellation, inland marine property, crime insurance, and first party volunteer accident insurance. All these options should be considered by the event holder and their agent in providing insurance protection for the myriad of hazards and exposures when putting on a “special” event. IJ Baker, CPCU, is vice president and agency principal of Gales Creek Insurance Services. Whitescarver is the national program manager for Gales Creek Insurance Service’s online event program, wholesaling to agents countrywide. E-mail: Brigitt@ galescreek.com. Web site: www.galescreek.com. www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:27 AM

Page 11

04.06.09 NATIONAL.qxd

4/1/09

9:27 AM

Page 12

Measurement

INSURANCE JOURNAL

TOP100 AGENCIES

Jack A. Windolf, chairman & CEO

04.06.09 NATIONAL.qxd

4/1/09

9:27 AM

Page 13

of Success

Planning, People and Dedication Equal Success for Top 100 Agency Bollinger Insurance

By Charles E. Boyle

W

hy do some independent insurance agencies stand out from others? As Insurance Journal’s “Top 100” series shows, good management, hard work, the right people, dedication and the satisfaction of performing valuable services well all seem to be part of the picture. Short Hills, N.J.-based Bollinger Insurance Inc. is an example of just ho w those precepts can build a successful agency.

their business further. They strip out the profits and show no incentive to grow.”

He doesn’t really denigrate them; it’s just not his idea of how he wants his company to be run. “An ‘S’ corp.* is fine for some people, he continued; “if you set up a ‘C’ corp.*, you have to make sacrifices, but you have to make those sacrifices, if you are to achieve growth.” (*Taxation is the main difference between the two. A ‘C’ corp. is taxable at the corporate level, while an ‘S’ corp. can elect to “pass thro ugh” income to its shareholders.)

Two Eras of Growth Windolf and his management team run Bollinger Charles W. Bollinger founded the agency in 1933 Top 100 Agency Profile along strict business lines — budgets, financial disin Newark. His brother James M. Bollinger joined Ranking No. 14 cipline, advance planning and, at the top of the list, him in 1942. Early on, the fledgling agency develAgency Name: “good employees.” This disciplined focus has prooped a specialist reputation with a focus on acciBollinger Insurance Inc. dent insurance for students and athletes. It has Headquarters: Short Hills, N.J. duced the desired result. In 1990, Bollinger’s annual premium volume was around $51 million. Premium since expanded across the country.

Year Founded: 1933 John A. (Jack) Windolf, Jim Bollinger’s son-in-law, Additional Locations: Princeton, volume in 2008 was well over $800 million, with $1 billion in sight. The acquisition of other agencies joined the agency in 1963 after four years in the U.S. Moorestown, Vineland, N.J.; New accelerated. Prior to 1992, Bollinger had acquired Marine Corps and a stint at Wharton. Bolling er York City, N.Y.; Philadelphia, Pa.; just two — in 1976 and 1985. Since then it has then had seven employees and generated total comGreenwich, Conn. acquired 38 more — more than two a year, on avermission revenues of $200,000. Windolf eventually 2008 Premium Volume: age. In 2006, it acquired seven agencies and anothtook over Bollinger’s daily operations, and continues $830 million to serve as chairman and CEO. He and his wife, Property/Casualty: $470 million er four in 2007. “We made four more acquisitions in the fourth quarter of 2008,” said Windolf, and Muriel Bollinger Windolf, purchased full ownership Other than P/C: $360 million “we have others in the pipeline.” of Bollinger in 1969 and continued to b uild the % Commercial: 70% While Bollinger is very much a national agency agency, primarily through organic growth. Since %Personal: 30% for many of its lines, primarily commercial and 1963, Bollinger has on average doubled its top line 2007 Premium Volume: group coverage, it has kept geographical expanrevenues every five years. $840 million The pace of growth accelerated in 1992. “There Principals [management]: Jack sion pretty close to home. “Our key branch office locations are within a car ride from Short Hills, ” are really two eras [in Bollinger’s growth],” said A. Windolf, president/CEO; Matt Windolf. Until 1992, “almost all of our growth had Gardner, managing director; Doug said Windolf. “Although we have customers all over the country [golf and country clubs, schools, been organic.” Commission revenues had risen to Cook, managing director; Lori employee benefits] our retail and personal lines $6.54 million (2009 estimated commission revenues Windolf Crispo, senior executive business is localized.” The majority of Bollinger’s are around $110 million). “We owned 100 percent of vice president. offices are in New Jersey, with branch offices in the stock and we decided to expand.”

Principal Ownership: New York City, Connecticut and Philadelphia.

The plan called for augmenting organic growth Jack A. Windolf, Evercore Capital The expansion, combined with an acknowlwith mergers and acquisitions. Windolf’s first step Partners edged reputation as a leader in certain areas of was to set up an employee stock option plan Number of employees: 435 coverage, has put Bollinger in the top 20 of U.S. (ESOP) to enable key employees to obtain a stake in independent agents. While it looks towards future growth, it hasn’t the business. This was a sea change. “It created an atmosphere that moved away from past successes. ‘we’re all in this together,’ and we’re all pulling in the same direction.”

Many agencies have well educated, experienced leaders who someA Schools and Sports Legacy times give their employees a stake in the business. What sets Bollinger Specializing in “niche products” is a two-way street. An agency gains apart is the unqualified enthusiasm of its CEO. “It’s a great business,” a reputation, but may find it hard to break into ne w fields. Bollinger Windolf said, and it’s evident that he means it. has avoided this trap. Its early school and sports coverage has been a Windolf explained that many agency owners seem content to pull in $200,000 to $300,000 a year, and “aren’t really interested in building continued on page N14

www.insurancejournal.com

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N13

04.06.09 NATIONAL.qxd

4/1/09

9:28 AM

Page 14

Bollinger, continued from page N13

shops on all kinds of topics, mainly to advise our sports clients on springboard for its success. how to ‘bullet proof’ themselves from liability.”

“Our sports division goes back to the 1940s,” explained Lori She also indicated that the current economic situation may prompt Windolf Crispo, senior executive vice president - sports division. “We people to make more claims, “and they are more likely to see an attorwere first approached by the New Jersey State Interscholastic ney. It’s really important to minimize exposures.”

Athletic Association about accident coverage for student athletes.

These risk management services go beyond placing insurance covThere wasn’t much coverage in the ‘40s for this type of program.” As a erage. In the sports division, “it’s all done in house,” and “there’s no result, Bollinger developed the first catastrophic accident plan for charge for these services.” Bollinger helps sports clients set up their students in New Jersey with a cat limit of $10,000, and the firm has own safety committees and is constantly assessing the need for new remained a major player in the field. products to cover emerging risks. This hands-on approach has helped The program for educational institutions is also part of Bollinger’s the agency maintain and grow its leadership position in the field. group benefits division, which now writes coverage in 40 states. The sports program has expanded into other areas, as well, notably risk management. “Part of our ‘[Y]ou have to make sacrifices, but you have to make success comes from the fact that we don’t look at them [sports programs] as just another those sacrifices, if you are to achieve growth.’ property/casualty line,” said Crispo. “Our focus is on expertise, and to be as helpful as w e can Primacy on Commercial Lines be for our clients.”

While Bollinger’s sports sector is a niche b usiness with deep roots, The coverage includes individuals, small groups and large groups commercial lines are the agency’s bread and butter, producing 70 per— “from the local Little League to the Ol ympics,” as Crispo put it. cent of top line revenues. The unit’s 165 employees “primarily operate She also explained that, while the types of accidents and liability covout of our seven main offices,” said Matt Gardner, managing director erage are fairly common to all sports and sporting v enues, there are commercial lines. “We cover from the upper middle-market down to additional issues that have to be considered. small Main Street type businesses.”

“We issue Safety Bulletins, and we have a whole library on risk Gardner spent 14 years at Aon before joining Bollinger and the management best practices they should adopt,” she explained. strategies are different. Bollinger develops “a relatively small team of Providing that kind of advice has become increasingly complex, as highly qualified professionals,” who cultivate unique access to their the potential liabilities related to sports have grown exponentially clients. “It’s sort of a boutique approach. Clients are serviced by the over the years. “We’re now giving guidance on how to prevent sex same team that sold them originally. We bring them best in class abuse, what can go wrong with golf carts at sports tournaments, or services and resources at all times,” Gardner said. how club treasurers should properly handle funds. We give workBollinger has positioned its commercial presence firmly in the “second tier” of large brokers. “We really don’t compete with Aon or Marsh or Willis; we’re interested in the mid-market, rather than huge multinationals,” he explained.

This sector typically has both a need for coverage and for a good deal of risk management. However, “they [Bollinger’s mid-market clients] don’t usually have a risk management staff, so they’re looking for someone who can help them do the job,” Gardner added. Some of Bollinger’s risk management services are performed “in house,” but Bollinger’s commercial lines business is spread over most of the U.S., so it maintains “a network of risk management consultants all over the U.S. and in other parts of the w orld too,” Gardner said.

Bollinger Executive Committee Seated L to R: Doug Cook — managing dir ector, benefits division, Lori Windolf Crispo — senior executive vice president, sports division, Jack Windolf — chairman & CEO Standing L to R: David Hatlem — senior executive vice pr esident, club programs division, G. Alex Crispo — chief administrative officer and general counsel, Chris Wetzel — chief financial officer, Rhonda Linnett Graber — managing director, personal lines, Matthew Gardner — managing director, commercial lines N14 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

The Technical Revolution While technology has created an efficiency revolution in the agency business, often the cost has been the loss of personal conta cts, which are a vital part of the insurance ind ustry.

Bollinger faced the problem head on, but with a major caveat. As Gardner put it: “All the technology in the world can’t replace personal relationships.”

By contrast Bollinger employees work in a “paperless environment.”

Everything that “comes in the front end is scanned immediatel y, which gives all of our employees electronic access to all of the policy information and claims files. This speeds o ur service delivery to our www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:28 AM

Page 15

INSURANCE JOURNAL

TOP100 AGENCIES

clients,” he said.

Using this technology has created a “q uantum leap” in employee efficiency (measured by revenue per employee), but it has also given them more time to create value, both for their clients and for the 200 or so carriers with which Bollinger writes business.

“The interaction with the carriers is unrecognizable to what it was five years ago,” Gardner said. “It has opened up the mark et and given us the possibility of doing business on a much wider scale.” It’s true, however, that in dealings with the carriers some of the “personal touch” has been lost.

Bollinger has also resisted the trend to o utsourcing. “We’ve looked at it for a range of non-client-facing functions, but we decided against it,” Gardner said.

One consideration is the “politically charged” nature of the practice.

But Bollinger is also concerned with the effect o utsourcing could have on its highly valued employees. “We think the way we work should be protected, that’s how we retain customers. It cuts across the entire company, and I think it gives us a competitive advantage,” Gardner said. Basically, “we’ve got the ‘A’ team on call all the time.”

Craig Johnston, vice president — benefits division, Rhonda Linnett Graber — managing director, personal lines

The Benefits Boom That spirit carries over into another major sector for Bollinger — employee benefits.

“Our division has about 20 percent of the employees,” said Doug Cook, managing director - benefits. “We also produce around 40 percent of the revenues and are responsible for about 50 percent of the

The Economy and a Bonus Payment A slowing U.S. economy has affected Bollinger’s commercial lines the most. Gardner explained that some client companies have gone out of business, while others were closing down operating sites, laying off employees and reducing operating expenses such as vehicle fleets.

Crispo, meanwhile, said the economsituation may result in fewer ‘It’s sort of a boutique approach. C lients are serviced by the icsports teams, but she doesn’t think it same team that sold them originally. We bring them best in will be “as serious as it is on the commercial side.” The benefits business class services and resources at all times.’ is also less impacted.

The slowdown seems only to have new business.” Group insurance plans are the main focus, with a reinforced Bollinger’s commitment to its core principles. As CEO and smaller life insurance operation, as well.

Chairman Windolf indicated, “more acquisitions are in the pipeline.”

“Our division is split between traditional group employee benefits For well capitalized agencies like Bollinger there may be some very and specialty group programs such as our K through 12 Student good opportunities. There are also a lot of highl y qualified people Accident Insurance program and our College Student Health looking for new positions.

Insurance program, both of which are national programs where we Any new employees should consider themselves lucky. At a time act as managing general underwriters,” Cook explained. “On the when “bonus” has become a dirty word, Bollinger’s bonus payment to employee benefits side we also act as general agents for group health its employees deserves special mention. Last year Evercore Capital insurance and as managing general underwriters for group dental and Partners, a private equity fund, bought 51 percent of Bollinger’s shares. stand alone prescription drug card plans.

The remaining 49 percent are owned by the employees.

Bollinger’s employee benefit brokers frequently work from referAs part of that transaction, “a deferred payment of $500,000 was to rals, often from the P/C side of the ag ency. The carriers, many of be made to Jack Windolf in 2009,” as noted in a private e-mail from the whom Bollinger has worked with for years, supply policy forms company. Windolf insisted that a clause be inserted in the agreement approved by state regulators. Bollinger issues the policy, pays claims that he could direct that payment to Bollinger employees. On March from funds set up by the carriers, and performs the other a dminis17, he announced that the entire amount would be paid to them. trative functions inherent in managing any particular plan. The The reasons for that decision sum up his b usiness philosophy: “1) structure of any given plan varies from state to state, making local It would be appreciated by the employees; 2) The employees would contacts a necessity. spend the money to help the economy; 3) Employees are in a lower This holds true for Bollinger’s student accident coverage as well. tax bracket than Jack, and 4) It is the right thing to do. ” That ges“The farther away we get from our home base, the more we need local ture also pretty much sums up why Bollinger has achieved the sucbrokers,” Cook said. cess it has. IJ www.insurancejournal.com

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N15

04.06.09 NATIONAL.qxd

4/1/09

9:28 AM

Page 16

Idea Exchange Growing Your Property Casualty Agency

Don’t Let F.U.D. Extinguish Your Marketing Efforts Overcome Fear, Uncertainty and Doubt in Agency Offices Shulman

By Alan Shulman

I

n a recession, it’s an easy decision to stop promoting your agency until the economy kicks back into gear. But is it the right one for your business? Marketing hibernation eliminates the effort, expense and risk of an unsuccessful agency promotion while theoretically preserving cash for salaries and bonuses.

However by avoiding new business solicitations, you risk the wrath of Newton’s first law of motion that states that an object in motion stays in motion and an object at rest stays at rest. In other words, if you smartly market your agency, you’ll survive this economy; if you sit back and try to live off of your renewals the odds aren’t as good.

Sales Inertia Combating P/C sales inertia is essential, regardless of the economy. In boom times, one successful effort happily drives the next, while in times like these, suspending most new account solicitations has consequences beyond a stagnant book. As should be anticipated in a

recession, your most desirable insureds will shop for better deals. Some will take off, leaving you with an overall lesser quality book and next to no new accounts to offset their departure. This classic case of adverse selection deteriorates your agency’s long term profitability.

Furthermore, minimal marketing puts managers, producers and staffers in a non-sales

with you — but are too embarrassed to come back. So, invite back selected dead files with open arms and good humor. Don’t simply accept that once an account is cancelled that it is irretrievable. More clients will return than Everybody’s Shopping you think and at a greater percentage and lessWhen jobs are at a premium and virtually er cost than soliciting a brand new prospect. every business has declining revenues, insurFinally, smartly invest in targeted new busiance shopping becomes the new national pasness efforts. Be creative, different and timely. time. This means that agencies are getting to Focus on leads where you have the best chance look at personal and business accounts that of success. Carefully identify the prospect previously weren’t interested in comparison groups that you wish to write and match them quotes. So essentially, bad times are a good time against your carriers’ strengths. to market, at least in the agency certain that there are business. After all, virtually If you smartly Make enough salable leads within every adult and business in the market your each to make specialized soliciUnited States still needs to buy their insurance from someone. agency, you’ll tations worthwhile. There’s extra potential if you already Try for your share, while watchsurvive this insure accounts within a group ing how you go about it. economy ... and can develop viable referrals. Additionally, agents who Look Three Ways market for new policies are rewarded with less Invest your marketing time and dollars in competition, in virtually every medium, because three major directions: retention, recovery and so many advertisers are cutting back today. For new business. While most agencies routinely in-stance, if you opt for print ads, you can negowork to keep their largest accounts from jumptiate a great rate in almost any publication. ing ship, they tend to neglect the many profitable insureds who file no claims and require Market or Else virtually no service. Pay some attention to these P/C agencies exist for only one real purpose. guys, especially in this economy. Let them And that’s to continuously sell insurance. If new know that you don’t take their business for agency-generated sales slow down to an intolergranted. Communicate via letter, e-mail, able level, additional agency-only carriers will newsletter, or a blog. Suggest thoughtful ways consider going direct, at least to some extent. that they can save on their premiums with you.

Like certain insurers today, they’ll become your Common auto examples include increasing polrivals as well as your suppliers. Independents icy deductibles, taking defensive driver courses, can minimize this scenario by using the state of changing classifications from drive to work to the economy as a marketing motivator instead pleasure use (if laid off) etc. The “let sleeping of an excuse to lay back. It’s really all up to dogs lie” approach doesn’t fly when people are you. IJ starting to panic. Desirable accounts may defect to other providers who give them more attention.

Shulman, CPCU, is the publisher of Agency Ideas, a subscripNext, deal with the recently departed who tion-only sales and marketing newsletter. He is also the author left your office for a better deal. These greener of the Illustrative Insurance Sales Letter series and other P/C grass consumers and businesses may be sursales resources. Phone: 800-724-1435. E-mail: prised to discover that they were better off alan@agencyideas.com. Web site: www.agencyideas.com. mode which, according to Newton’s law, isn’t exactly going to turn on a dime when times get better.

N16 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:28 AM

Headed for the branch office in London.

Page 17

Headed for the manufacturing plant in Charlotte.

Headed for the Caymans with $2 million in company funds.

From employee theft to discrimination lawsuits, no two companies face the ®

same management liability exposures. That’s why Travelers developed Wrap+, a revolutionary new modular policy with the breadth and flexibility to help prevent potential gaps in coverage. Each Wrap+ coverage is crafted to seamlessly work with all other Wrap+ coverages, so you can minimize gaps and overlapping protection.

To keep your clients’ assets from vanishing into thin air, contact Travelers today, and keep your insurance in-synch. travelers.com ©2008 The Travelers Companies, Inc. All rights reserved. Travelers Casualty and Surety Company of America and its property casualty affiliates. One Tower Square, Hartford, CT 06183

04.06.09 NATIONAL.qxd

4/1/09

9:28 AM

Page 18

New Markets The following markets were selected from the MyNewMarkets database of 25,000 coverages and programs. To find additional markets, or to submit markets, go to www.MyNewMarkets.com.

Child Welfare Organizations Market Detail: Markel Insurance Co. (www.markelcorp.com) offers agents access to a program for not-for-profit child welfare organizations such as boys and girls clubs, community programs, counseling services, family service agencies, group homes, residential care facilities, Head Start programs and shelters. Available coverage includes general liability, umbrella, sexual abuse/molestation, directors and officers, special events, professional liability, property, key employee replacement, auto, crime and business income. Minimum premiums and deductibles vary based on the risk.

Available Limits: Based on risk.

Carriers: Markel Insurance Co. “A” rated by A.M. Best. Admitted.

States: All except Hawaii.

Contact: Rhonda Sciortino at 804-339-0534 or e-mail rsciortino@markelcorp.com.

Roll Offs - Debris Removal Market Detail: Trinity Transportation Services LLC (www.trinitytransp.com) connects agents to a full line of auto coverages for this specialty niche - roll off operators. Auto liability, physical damage and property damage coverages are available. Minimum premiums begin at $150,000.

Available Limits: $100,000 to $1 million.

Carriers: QBE the Americas. “A” rated by A.M. Best. Admitted.

States: Ala., Ariz., Ark., Calif., Colo., Conn., Del., Fla., Ga., Idaho, Ill., Ind., Iowa, Kan., Maine, Md., Minn., Miss., Mo., Mont., Nev., N.H., N.M., N.C., N.D., Ohio, Okla., Ore., Pa., R.I., S.C., S.D., Tenn., Texas, Utah, Vt., Va., Wis. and Wyo. Contact: Patricia Busche at 904-272-7797 or e-mail trish@trinitytransp.com.

Garage Clients Market Detail: USX/S (www.USXS.net) offers a competitive garage program encompassing many risk classes. Eligibility includes new or used car dealerships, repair shops, N18 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

impound yards, accessory dealers, farm equipment sales or repair, motorcycle sales or repair, valet operations (including on-street exposures), auctions, emergency vehicle sales or repair, RV sales or repair and many other classes.

Available Limits: Not provided.

Carriers: Unable to disclose. “A-” rated by A.M. Best. Non-admitted.

States: All. Contact: Sandy Hupcej at 440-888-7300 or e-mail SandyH@USXS.net.

Watercraft Programs Market Detail: Burns & Wilcox (www.burns-wilcox.com) offers agents access to a watercraft insurance program that provides specialized coverage for a broad range of yachts and motorized boats that includes: houseboats, airboats, sailboats, outboards/inboards, jet skis/wave runners, etc. Coverage is available to “problem operators” and replacement cost can be provided for boats new to three years old.

Available Limits: Not provided.

Carriers: Unable to disclose. “A++” rated by A.M. Best. Admitted and non-admitted.

States: All. Contact: Donna Dodd 770-650-7511 ext. 2236 or e-mail dldodd@burns-wilcox.com.

Nursing Homes/Assisted Living Market Detail: US Risk Brokers Inc.’s (www.usrisk.com) Houston office offers an exclusive in-house underwriting program designed specifically for nursing homes, assisted living facilities, independent living facilities and CCRC’s. US Risk also gives agents access to an exclusive miscellaneous medical malpractice program. Eligible classes include: home healthcare agencies, staffing agencies, and many more.

Carriers: Underwriters at Lloyds. No rating provided. Non-admitted.

States: All. Contact: Sheila Boatman at 281-249-4933 or e-mail sheilab@usrisk.com. IJ www.insurancejournal.com

4/1/09

9:29 AM

Page 19

High Value Property

04.06.09 NATIONAL.qxd

Who can keep your high value clients from getting robbed on their policies?

Alan Jay Kaufman Chairman, President & CEO

Burns & Wilcox. That’s who. With specialized coverage available from Burns & Wilcox, you can protect your clients from losses due to fire, theft and other unforeseen calamities. As North America’s largest specialty insurance wholesaler, we have unlimited access to admitted and non-admitted markets for the broadest possible protection. Call Burns & Wilcox, the specialty insurance wholesaler with the expertise to protect against home invasion losses. burnsandwilcox.com

1.800.521.1918 ext. 6105

High Value Homeowners

Personal Umbrella

Fine Arts & Jewelry

Personal Articles

Watercraft

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 20

Special Report Directors & Officers

An Awakened Washington Promises More Stress for Directors & Of ficers Corporate Leaders Brace For Fallout From Heightened Regulation, Even Corrupt Foreign Practices

By Andrew G. Simpson

C

orporations and their directors and officers are living in fear.

Fear of the next financial scandal, the next stock market plunge, the next lawsuit. Fear of bankruptcy. Fear of angry policymakers inside Washington and angry citizens outside their homes.

It’s no wonder that they’re asking about directors and officers liability insurance protection like never before.

“The last year has been interesting because I think the entire business community, and maybe the world in general, has recognized how risk is so vital, and understanding risk is vital to o ur economy. And at the center of that are directors and officers.

Now they’re looking at their coverage in a way that, perhaps, they never have before,” said Mike Smith, president of AIG Executive Liability, who knows a lot about D&O and about today’s headlines.

“I think that in the past time, the y relied on lawyers and brokers and maybe carriers to provide them a product, but today they’re asking more questions, to ensure that they have the coverage that’s going be there when they need it,” Smith said.

“A lot of money has been lost and that leads to a heightened awareness of what’s going on,” according to Michael Price, vice president, Hartford Financial Products.

D&O clients and their advisors are, of course, asking a lot of q uestions about their protection against securities litigation. They are also asking about the D&O risks they could face if their business were to go belly-up.

And, increasingly, they are asking what risks they face when the federal government starts snooping around business a lot more as it is widely expected to do.

Washington Risk D&O experts at the recent Professional

Liability Underwriting Society (PLUS) D&O Symposium in New York said they don’t expect Congress to pass any major legislation to change the shareholder rights climate. “Congress has other priorities,” said John Coffey, partner, New York law firm Bernstein Litowitz Berger & Grossmann LLP, capturing the consensus.

President Barack Obama could bring about a “subtle shift” in the shareholders’ rights climate with his appointments to federal courts, according to plaintiffs attorney Sherrie R. Savett of Berger &

D&O Market Expects the Unexpected

T

he litigation climate is affecting directors and officers liability markets and pricing, most notably the financial D&O market.

“Our data show that the D&O insurance market is clearly hardening for financial services companies, which have been at the center of the economic crisis, ” said Lauri Floresca, senior managing director and author of the latest Carpenter Moore D&O Benchmarking Report.

In 2008, financial services companies paid an average premium of $147,187 for the first $5 million of coverage, up 24 percent from 2007, according to Carpenter Moore.

Aon’s D&O Pricing Index showed that the average price for $1 million in co verage limits increased 3.15 percent in the fourth quarter last year over 2007.

“In the short term, we expect to see D&O pricing for the financial sector continue to rise,” said Mike Rice, managing director of Aon’s Financial Services Group and an author of the Aon Quarterly D&O Pricing Index.

Aon’s analysis found that rates for D&O liability insurance in non-financial sectors actually declined by 6.3 percent in Q4 2008 compared to Q4 2007 .

Experts see the financial sector’s D&O woes spilling over into other sectors.

“If the emerging executive liability insurance pricing trends continue, we can expect D&O rates to rise for other industries, especially if we see a reduction in insurer capacity due to consolidation or insolvency,” said Floresca. “After several straight years of declining premiums, many companies may not be prepared for cost increases. In this en vironment, companies will need to take a much more active role in their insurance renewal to get the best outcomes.”

“It is possible … that a to ugh underwriting environment could emerge for all public companies as the economy continues to negatively impact both financial results and stock prices,” said Aon’s Rice.

Ann Longmore, D&O, employment practices and fiduciary leader for Willis HRH Executive Risks Practice, writing in a recent Willis Marketplace Realities 2009 report, con-

N20 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

continued on page N22 www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 21

Montague in Philadelphia. But observers don’t expect Obama to lead a revolution in the judiciary.

The D&O risk from Washington is not so much legislative or judicial in nature as it is regulatory. The Securities Exchange Commission (SEC) and other federal regulators are expected to step up their g ame, as former Vice President Dick Cheney would say, “big time.” All signs point to a far more aggressive regulatory approach and with that, higher costs.

“You can absolutely take to the bank that the SEC will increase its a ctivity dramatically and quickly,” Randall Bodner, ‘You can partner, Ropes & Gray in Boston, absolutely told the PLUS take to the crowd during the bank that the “So, What’s Next?

Emerging D&O SEC will Liability Trends” panel. increase Bodner thinks its activity there is “pent-up dramatically prosecutorial in and quickly.’ zeal” Washington after the Bush Administration. He doesn’t think it is as much “anti-business” as it is a desire to make up for missing the Ma doff, Stanford and other scandals.

“I agree that there is a hug e risk of increased SEC enforcement actions, not to mention the Department of Justice bringing their own criminal suits,” Denise Amantea, a partner with the San Francisco insurance agency, Woodruff Sawyer Insurance, told Insurance Journal in an interview after the PLUS panel.

“It’ll come in different areas. F or example, the SEC is going through a rough time right now because it has missed the Ponzi schemes that we read about in the papers, like Madoff and Stanford,” Amantea said.

“The new [SEC] commissioner is going to make sure that these Ponzi schemes and any other fraud or corruption that’s bubbling up get caught before it’s an embarrassing predicament for them.”

The SEC acknowledges that it’s a new day in Washington. “The commission’s enforcement program is in a critical transiwww.insurancejournal.com

tion period. Our new chairman, Mary Schapiro, joined the agency in January and has been taking a series of steps to bolster our enforcement efforts and restore investor confidence to our markets,” SEC Commissioner Elisse B. Walter told the House Committee on Financial Services in early March.

Insurers see it coming. “I believe there

will be significant changes in the way government will be involved in business,” said Fred Cooper, executive vice president, AXIS Financial Insurance Solutions in Berkeley Heights, N.J. Cooper and others are concerned that this enhanced public oversight will mean “significantly” higher costs for D&O insur ers. continued on page N22

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N21

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 22

Special Report Directors & Officers Awakened Washington, continued from page N21

D&O Market, continued from page N20

The cost concern could explain why Amantea thinks that could be the case, Bailey said he already sees a significant too. “There can be millions in attorne y fees increase in primary carriers negotiating setpile up long before there is e ven a trigger tlements or “cutting deals early� in the of coverage,� she said. game to cut costs. “I would expect this to According to Bodner, SEC defense costs continue,� Bailey said. can be “onerous� and it is difficult for insurers to push back against the governCorrupt Foreign Practices ment to control them the way they might One particular area of increased SEC be able to do in other cases. activity could come under An issue worth watchthe Foreign Corrupt Practices ing will be whether regu‘In the short Act (FCPA), a 1977 law that latory penalties, payments and fines will be an offset term, we expect prohibits bribes to foreign officials to obtain business. for insurance payments, to see D&O The SEC has brought 38 according to Dan A. FCPA cases since January Bailey, an insurance attorpricing for the compared to just one a ney with Bailey Cavalieri financial sector 2006 year in the late 1990s.

LLC in Columbus, Ohio.

A few recent cases have What concerns Cooper continue to rise.’ been high profile. In is whether carriers have December, the SEC reached a landmark accounted for these higher costs. “Carriers $350 million settlement with Siemens AG, are generally willing to offer the coverage which it charged with a scheme involving but I don’t think they are pricing for it in excess coverage,� he said. continued on page N24

tended that prices stabilized for most D&O buyers outside the financial sector toward the end of 2008 but then competition on some accounts picked up as the carriers themselves began to face financial distress. “We do not, however, expect this to continue for long. The question for the D&O market in 2009 is a matter of w hen and not if competition will cease to be a stabilizing factor. We are in a period where the best advice may be to expect the unexpected,�

Longmore wrote.

There could be some unexpected developments in cases involving suits against firms that accept bailout monies, according to John Coffey, partner, New York law firm Bernstein Litowitz Berger & Grossmann LLP. He cautions that “the government won’t be happy to see bailout funds� going to shareholders or lawyers in settlements.

Even the best insurance professionals can’t avoid every D&O problem or Madofflike scandal but it helps to be able to say no, according to Mike Smith, president of AIG Executive Liability. “[I]t’s like baseball. If you get a hit three out of 10 times, that’s a pretty good average.

I’m not suggesting that’s a good average here.

But you build your underwriting model, you use your judgment. Part of that judgment is when you’ve been in an underwriting meeting and you come away with a feeling that you’re not getting the full story. You have to pay attention to that feeling. So you want to have your process, be comfortable with your process, and also have the ability to say no,�

Smith says.

Longmore, in her report, ventures that today’s D&O turmoil could even alter D&O client relationships. “One change may well be that directors and officers themselves will want to be part of the D&O insurance decision-making process, rather than leave this in the hands of their inhouse insurance professionals, as is usually the case now. After all, many directors view D&O insurance as a kind of personal coverage.

Transparency, the mantra in the field of corporate governance, may therefore come to the D&O insurance purchasing decision. This can be seen as good news for professional risk managers who continually strive to improve decision-making processes and procedures.� IJ

Miscellaneous Professional Liability 24 Hour Gas / Convenience Stores Commercial Property Lessor’s Risks Commercial Umbrella Non-profit Director’s & Officer’s Liability

Fast – Competitive Questions? info@braishfield.com

32 %R[ ‡ 2UODQGR )/ 7HO ‡ )D[ ZZZ EUDLVKILHOG FRP

N22 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

Focusing on Solutions

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 23

BE HERE...

...NOT HERE

YOU DON’T NEED TO TRAVEL TO LEARN Get your questions answered instantly from your desk.

Insurance Journal webcasts allow you to interact with the experts in real time.

Live and On-Demand Webcasts on www.insurancejournal.com/webcasts

Check out the next webcast TransUnion presents: Protecting Your Portfolio Against Foreclosure and Vacancy-Related Claims Date: April 28, 2009 Time: 10:00AM PT / 1:00PM ET Astonish Results presents: How the Power of Email Marketing Can Grow Your Agency Date: April 29, 2009 Time: 10:00AM PT / 1:00PM ET Register at: www.insurancejournal.com/webcasts Are you interested in having your own webcast or

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 24

Special Report Directors & Officers Awakened Washington, continued from page N22

Rising Risk of Bankruptcies

A

enforcement action has resulted in bribes to government officials in Asia, increased sensitivity to FCPA concerns in Africa, Europe, the Middle East and the M&A transactions, as well as in common Americas, in violation of the FCPA. An commercial transactions and business relaFCPA deal involving Halliburton/KBR tionships,” says the report. made headlines in February. The SEC Bailey doesn’t think insurers have yet charged that a KBR subsidiary bribed Nigerian government officials over a 10-year been badly burned by FCPA cases in part because those caught bribing tend not to period in order to obtain construction conbe directors or officers. However, he does tracts. KBR and Halliburton agreed to pay worry about this exposure for any entity $177 million in disgorgement to settle the doing business internationally.

SEC’s charges and $402 million to settle The Hartford’s parallel criminal Price suggested that charges brought by ‘We haven’t begun to see FCPA-related activithe U.S. Department ties could be anothof Justice. The sancthe bankruptcies yet.’ er catalyst for additions represented the tional class action suits. largest combined settlement ever paid by Amantea thinks the FCPA exposure U.S. companies since the FCPA’s inception. shouldn’t be ignored. She recommends that “They [SEC] are on a tear,” believes brokers obtain explicit D&O endorsements Amantea, referring to a “flurry of activity” that exempt FCPA activities from any proon FCPA cases over the past five years. hibition against SEC fines and penalties.

“This could be a big exposure, and the FBI Interest exposure that worries me is not so much A new report by the law firm of the employees who are doing the bribing, Shearman & Sterling LLP (FCPA Digest of but the exposure to directors and officers, Cases and Review Releases Relating to who are not necessarily putting this as an Bribes to Foreign Officials Under the issue on their radar screen and supervising Foreign Corrupt Practices Act of 1977) it,” said Amantea. reports that the interest in FCPA cases “I would, if I were the broker, absolutely extends to the FBI and to non-U.S. enforcevet the policies to make sure there is that ment agencies as well. explicit coverage,” Amantea added. IJ “The increased risk of investigation or N24 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

total of 210 federal securities class actions were filed in 2008, a 19 percent increase over 2007, according to a report by the Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research. This trend has been particularly vexing for directors and officers of financial firms. The study shows that nearly a third of all large financial firms were named as a defendant in a securities class action in 2008.

The concern in D&O circles is not just that securities litigation is rising and could continue to rise over the next few years. (Plaintiffs with stock drop charges can wait two years to file so some of these cases dating back to 2007 could still be brought.) But the added worry is that class actions are bound to spread beyond the financial sector. A main driver will be the coming flood of corporate bankruptcies.

In 2008, bankruptcy filings by businesses were up 50 percent and, in February, they were up 47 percent compared to a year ago, according to Automated Access to Court Electronic Records in Oklahoma City.

In September, Lehman Brothers became the largest Chapter 11 filing of all-time. That was followed by Washington Mutual, the biggest bank failure in U.S. history. But bankruptcies have not been confined to financial firms.

Other well-known filings have included Circuit City, Linens-n-Things, Frontier Airlines and Mrs. Fields Cookies.

“We haven’t begun to see the bankruptcies yet,” Randall Bodner, partner, Ropes & Gray in Boston, told an audience at the recent Professional Liability Underwriting Society (PLUS) D&O Symposium in New York.

In March, Moody’s released a list called The Bottom Rung, which identified more than 280 companies it believes are at risk of corporate bankruptcy. The companies include Krispy Kreme, Blockbuster, Dole Food, Eddie Bauer and Rite Aid. “As bankruptcies increase, class actions will rise,” Samuel H. Rudman, a law partner with New York’s Coughlin Stoia Rudman Robbins, told the same PLUS crowd listening to the “So, What’s Next ? Emerging D&O Liability Trends” panel.

Rudman could be right, too. According to Advisen, more than three-quarters of large pubwww.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 25

lic companies that filed for bankruptcies were cited in class actions.

“You’re certainly going to see bankruptcies because there are many troubled industries out there. The forefront would be the automotive industry, and the suppliers to it,” said Mike Smith, president of AIG Executive Liability.

“But you’re going to see that there’s going to be a trickle down effect, and while it’s not nearly as difficult in those [D&O] markets as it is in financial institutions, it’s certainly difficult.”

Fortunately for directors and officers, most companies today carry Side A D&O coverage which indemnifies them if the company can’t do it because it is bankrupt. But the worry over bankruptcies for directors and officers doesn’t necessarily end there.

Denise Amantea, a partner with the San Francisco insurance agency, Woodruff Sawyer Insurance, points out that the trustee of a company in bankruptcy could refuse to pay for renewal of the Side A coverage.

“So what do these directors and officers do? … Do they have to pay out of their own pocket?

That’s going to be a big deal.”

Amantea recommends that directors and officers seek legal counsel about how to protect themselves from the situation in which the bankruptcy trustee will not allow the purchase of their renewal.

Amantea also advises individual board members to have their own counsel draw up a personalized indemnity agreement. It is not safe to rely on bylaws because the board can change those after a board member retires, she a dvises.

“But if you have a written indemnity agreement, signed by the company, they can’t revoke that contract, and there are lots of bells and whistles that you can put into that indemnity agreement that makes it very favorable for the individual director or officer,” Amantea tells her clients.

While bankruptcy typically is covered, brokers might want to make absolutely certain that the D&O policy under review clearly covers this risk.

“Now is the time to make sure D&O policies are stress-tested for bankruptcy,” advises attorney Bodner. The concern, according to Bodner, is that the coverage might not be available later. IJ www.insurancejournal.com

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N25

04.06.09 NATIONAL.qxd

4/1/09

9:29 AM

Page 26

Special Report Directors & Officers

D&O Insurance for Early-Stage Venture-Backed Firms: Carriers Scrutinizing More, But Hungry for Business Schwander

Owens

By Mike Schwander and Rachael Owens

E

ven for established companies increased assets, but we are now seeing with proven track records, the rate increases in cases where the employee current directors and officers count has increased significantly or where (D&O) insurance market is chalthere have been claims against a company. lenging. For early-stage companies, present Even if firms are lucky enough to underwriting practices for D&O insurance receive a flat renewal, terms may resemble (rather like the opening line of be more restrictive. For examDickens’ “A Tale of Two Cities”) “the best ple, there may be of times and the worst of times.” bankruptcy exclusions, higher In one sense, it’s the “worst of times” for deductibles, these small venture-backed companies because underwriters are looking to reduce specific event exclusions, or their exposure to “risky” firms. Early-stage exclusions for companies often have minimal cash non-active reserves. Many are engaged in research and investors or owndevelopment that burns through cash without any hope of generating revenues in ers.

But there’s the near term. also the “best of As recently as six months ago, carriers times” aspect of seemed willing to overlook these risks, the situation. and obtaining D&O insurance for entreThe good preneurial companies was as easy as subnews is that, mitting cursory information and waiting a while underfew days or hours for a quote. Not anywriters may be more. For the first time in years, earlyputting companies seeking D&O stage companies are being underwritten coverage under a microscope of with a sharper pencil. More documentascrutiny, these same carriers are probation is being sought, and the length of bly grappling with overcapacitime from submission to ty in today’s weak economy. approval can now be weeks For the first Most of them genuinely need rather than days. the business, which means Underwriters now want time in years, that D&O coverage is availto see more supporting early-stage able to even the riskiest of financial information such companies — as year-end and interim companies are entrepreneurial but only if they’re willing to financial statements, cash being undertake the time required to on hand, funding sources and submit detailed — even, in one recent case, written with a gather information to carriers. the company’s most current sharper pencil. bank statements.

Scrutiny Plus Carriers’ The increased review has Overcapacity translated into some pricing impact.

Given these conflicting trends — Several years ago, underwriters would not tighter scrutiny plus carrier overcapacity have been able to price for increased expo— we’re advising our clients to budget for sures, like higher employee counts and N26 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

the worst — but work for the best.

Smart CEOs and risk managers are learning that investing time to educate D&O underwriters about their company, its financial position and its future prospects will help minimize exclusions and rate increases at renewal.

By far the most important consideration for underwriters is a company’s cash position.

One company we know had only a three- to fourmonth cash reserve, versus the 12- to 18-month reserve that underwriters like to see. Carriers know that a company with such a weak cash position can be quite vulnerable to bankruptcy. And bankruptcies always mean claims and litigation — things underwriters understandably seek to avoid.

In addition to its weak cash position, the aforementioned company also didn’t allow adequate time for its application to be processed in this new world of increased scrutiny. We scrambled to compile all the basic information, and then w e added explanatory paragraphs related to the company’s cash reserves, its anticipated sources of new capital and other relevant financial information. In the end, the company obtained a renewal and the rate wasn’t too bad, but the terms were more restrictive than previously.

Another consideration is that earlywww.insurancejournal.com

Page 27

ty

Schwander is executive vice president and Owens is senior vice president of Lockton Denver’s Financial Services practice. Both are national experts on D&O insurance, IPOs, bankruptcies, funding mechanisms, multiyear structures, mergers and acquisitions, and evergreen clauses. E-mail: mike.schwander@lockton.com; rachael.owens@lockton.com.

ies olic P e l kag ona Pac fessi -Fire Pro perty p Pro ers Com k Wor s Bond Umbrellas bili

Fitn ess Rac que Cente t r Cou ntry Clubs s Pers C lubs ona l Tra inin g Dance Schoo ls Martial Arts

Lia al

©

Automobile Employ m Practic ent Related es Dire ctor s& Rec Offic r e ers You ation Life th Sp al Veh icle orts s

Spas-Salons raining ance T m r o f r ols Pe Scho m i w S Yoga tes Pila cs obi e Aer Car Day

lth

www.insurancejournal.com

or advisor ensures the best shot at a winning strategy. IJ

Hea

Be Creative The current climate means that more creativity may be both in Even if firms are required, initial approachlucky enough to es to carriers and in how financial receive a flat information is renewal, terms packaged to make it easy for may be more potential underrestrictive. writers to gain a “feel” for a company.

Some tips for navigating the current climate: • Don’t judge D&O insurance on price alone. Adequate and favorable coverage is the most important objective.

• Begin the renewal process at least three months in advance of the renewal. This will allow time to prepare the detailed financial information that underwriters now require.

• Foster a personal relationship with the underwriter. Make an effort to speak personally with underwriters to educate them about the company and its prospects.

Choose the most passionate company spokespersons to participate in the call.

• Take the time to prepare a professional, complete submission that answers every possible question an underwriter may have about the company.

• Compare D&O insurance policies from a number of underwriters to ensure the company receives the most complete coverage.

If building greater than $5 million in limits, include several carriers in the D&O insurance program. This provides flexibility and adds up to more coverage overall.

How will this modern-day Tale of Two Cities end? We believe that — at least

through the end of 2009 — the a bundance of carrier capacity will continue to offset the negatives that underwriters associate with D&O coverage for venture-backed companies. The process of creating, negotiating and acquiring D&O liability programs will remain time-consuming, confusing and frustrating. Teamwork between an experienced risk manager and a reputable broker

bs Clu alth He

stage companies can’t afford to be without insurance protecting their directors and officers in the event of lawsuits or other claims against the company.

In the current climate, our best advice to clients is that they start this process early as well (at least 60 to 90 days in advance).

Also, be prepared for the process to include some interaction between the insured parties and carriers, either in person or at least by phone.

ner

9:29 AM

Ge

4/1/09

Aqu a Tan tic ning

04.06.09 NATIONAL.qxd

SERVING YOUR NORTH AMERICAN AND GLOBAL INSURANCE NEEDS Sports & Fitness Insurance Corporation Post Office Box 1967 Madison, MS 39130 (800) 844-0536 www.sportsfitness.com

®

Agency Ideas SALES & MARKETING IDEAS FOR P&C PROFESSIONALS

AGENCY IDEAS® NEWSLETTER Inside each issue of this popular publication, you’ll find fresh ways to sell more personal and commercial lines, to advertise, cross-sell, use the Web, and more.

Enjoy password access to our Web-based Subscribers-Only Area along with your print subscription. Download tons of pre-designed sales tools based on the newsletter’s original ideas. Published by Alan Shulman, CPCU since 1990.

Visit us online for a sample issue and to discover our other tools including the Illustrative Insurance Sales Letter series.

VISIT OUR SITE • DOWNLOAD A FREE SAMPLE ISSUE.

WWW.AGENCYIDEAS.COM • 1-800-724-1435 April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N27

04.06.09 NATIONAL.qxd

4/1/09

9:30 AM

Page 28

Welcome to Insurance Journal’s 2009 Employee Benefits Directory. We’ve assembled this directory as a reso urce for property/casualty independent agents who are looking for assistance in pro viding group benefits to their business clientele. This directory provides a listing of brokerages and/or insurance companies with benefit brokerage departments that are interested in w orking with P/C insurance agents to provide such products.

The information published in this directory was submitted directly by the benefit providers and includes their contact information, coverages they offer, states they do business in as well as carriers they write coverage through. We hope you find IJ’s Employee Benefits Directory to be a useful tool when seeking group benefit providers. We will continue to expand this directory thro ughout the year and beyond. To comment on this directory, or any other IJ resource, e-mail: editorial@insurancejournal.com.

ActivaRx Inc. 4040 E. Camelback Rd., Ste. 158 Phoenix, AZ 85018 Contact: Olinda Vargas Phone: 602-468-9500 E-mail: olvargas@activarx.com www.activarx.com States Available: All States Products Offered: Alternative Health Plans (chiropractic, alternative medicine, etc.) - Manage Standalone Rx Plans Affiliated Marketing Group 2925 Briarpark, Ste. 155 Houston, TX 77042 Contact: Dan Elliott; Larry Bartee Phone: 713-977-0611 E-mail: dan or larry @affiliatedmarketing.com www.affiliatedmarketing.com States Available: Texas Years Offering Products: 25 years Products Offered: National Group Health HMO or PPO; National Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: United HealthCare, PacifiCare, Blue Cross BlueShield of Texas, Reliance Standard, Delta Dental, Avesis American Brokerage Company Inc. 810 Dominican Dr. Nashville, TN 37228 Contact: Roy L. DePue Phone: 615-227-8292, ext. 302 E-mail: roy@abctn.com www.abctn.com States Available: All States including Wash. DC Years Offering Products: Many Products Offered: Group Life; Group Long Term Care Carriers: More than 24 different companies for life insurance, long term care & annuities

AmeriFlex 700 E Gate Dr., Ste. 510 Mount Laurel, NJ 08054 Contact: Scott Mardis Phone: 888-868-FLEX (3539), Ext. 110 E-mail: info@flex125.com www.flex125.com States Available: All States including Wash. DC Years Offering Products: 10 years Products Offered: Technology-based, consumer-driven benefits solutions supported by an integrated FSA/HRA/ HSA/CRA debit card platform.

Arnoff and Associates Inc. 7205 Chagrin Rd., Ste. 3 Bainbridge, OH 44023 Contact: Robert Arnoff Phone: 440-247-4511 E-mail: arnoffassoc@stratos.net www.arnoffandassociates.com States Available: MI, OH Years Offering Products: Since 1981 Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: It varies per product line. Also it varies based on the clients demographics and needs Assurant Employee Benefits 2323 Grand Blvd.

Kansas City, MO 64108 Contact: 35+ sales offices across the U.S. www.assurantemployeebenefits.com for more details States Available: All States including Wash. DC Products Offered: Group Dental; Group Disability; Group Life; Group Long and Short-term Disability; Term Life and AD&D; Dental Coverage on both employer-paid and employee-paid basis.

N28 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

BenCom 1175 Vickery Ln. Cordova, TN 38016 Contact: Sales Department Phone: 888-763-1285 E-mail: info@bencom.com www.bencomonline.com Years Offering Products: In business since 1998 Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Any. Benefit Solutions 3353 Barrow Hill Trail Tallahassee, FL 31312 Contact: Jody Hill Phone: 850-907-0044 E-mail: benefitsolutions@comcast.net States Available: AL, CA, FL, GA, TX Years Offering Products: 20 Years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Group Dental; Group Disability; Group Life; Group Vision Carriers: Colonial, Blue Cross Blue Shield, Unum, Assurant, Principal, Ameritas, CHP, United HealthCare, Vista Health Plan, Met Life, Ge Financial

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:30 AM

Page 29

2009 Employee Benefits Directory Benefit Strategies Inc. 921 E 86th St., Ste. 100 Indianapolis, IN 46240 Contact: Joseph E. Guzman, Jr. Phone: 317-466-1336 or 888-588-1336 E-mail: jguzman@bsi-indiana.com www.bsi-indiana.com States Available: IL, IN, MI, MO, OH, PA Years Offering Products: 20 Years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Multiple and varying depending upon employer size, needs, demographics, etc.

BenefitStrategies LLC 2776 Ridge Valley Rd., NW, Bldg 100, Ste. 150 Atlanta, GA 30327-1850 Contact: Carl C. Schuessler, Jr., DHP, DIA, GBDS Phone: 404-277-7852 E-mail: carl@benefitstrategiesllc.com States Available: AL, AR, AZ, CA, CO, CT, FL, GA, HI, IL, IN, KS, KY, MA, MD, MI, MN, MO, MS, MT, NC, NM, NY, OH, OR, PA, RI, SC, TN, TX, UT, VA, WI, WV Years Offering Products: 18 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Many BenefitsWorkshop P. O. Box 56828 Jacksonville, FL 32241 Contact: Larry Garrett Phone: 904-631-2629 E-mail: Larry.Garrett@BenefitsWorkshop.com www.benefitsworkshop.com States Available: All States Years Offering Products: 21 years Products Offered: Section 125 Plans, FSAs, HRAs, Cafeteria Plan, Commuter Benefits, COBRA administration and consulting BenefitVision Inc. 4522 RFD Long Grove, IL 60047 Contact: Virginia Eanes, VP - Marketing Phone: 800-810-2200 Ext. 1115 E-mail: veanes@benefitvision.com www.benefitvision.com Years Offering Products: 16 years Products Offered: Communication and enrollment for core benefits and manages data for large organizations with employees scattered coast to coast all year round.

Tele-enrollment methodology gives full service, not self service, to every employee, without work disruption and regardless of location.

Big Benefits Inc. 2063 N Main Centerville, UT 84014 Contact: Pete Peterson Phone: 801-292-0841 E-mail: pete@big-benefits.com www.big-benefits.com States Available: AZ, CO, ID, UT Years Offering Products: 20 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Group Dental; Group Disability; Group Life; Group Vision Carriers: Specialize in self-funded plans but write for all major carriers.

www.insurancejournal.com

Century Benefits Consulting Inc. 1592 Union St., Ste. 344 San Francisco, CA 94123 Contact: Michele Jones Phone: 415-647-8144 E-mail: mjones@benefits-shmenefits.com www.benefits-shmenefits.com States Available: California Years Offering Products: 7 years Products Offered: Regional Group Health HMO or PPO; Regional Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine,etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Kaiser Permanente, Health Net, Blue Cross, Blue Shield, California Choice, KP Choice Solution, Aetna, PacifiCare, Genworth, Allianz Century Benefits Group Inc. 100 White Spruce Blvd., Ste. U304 Rochester, NY 14623 Contact: Michael King, CRSP Phone: 585-224-8138 E-mail: century100@frontiernet.net www.aboutcentury.com States Available: NJ, NY Years Offering Products: 20 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Aetna, Blue Cross, GHI, United Health Care Preferred Care, MVP, CDCHP, Oxford, CIGNA Chappelle Consulting and BenefitElect of Alabama 1747 Reese St., Ste. 215 Birmingham, AL 35209 Contact: Allan Chappelle Phone: 205-871-5900 E-mail: achappelle@chappellebenefits.com www.chappellebenefits.com States Available: AL, CA, FL, GA, IA, IL, IN, KS, LA, MA, MS, NC, OH, OK, SC, TN, TX, VA, WI Years Offering Products: 21 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: MetLife, United Healthcare, BlueCross BlueShield of Alabama, AFLAC, AllState, Humana, etc.

Child & Elder Care Insights Inc. 18500 Lake Rd., Ste. 200 Cleveland, Ohio 44116 Contact: Elisabeth A. Bryenton Phone: 440-356-2900 E-mail: InfoHQ@CareReports.com www.carereports.com States Available: All States Years Offering Products: Since 1986 Products Offered: National work / life benefits to large and small companies. The latter includes employee info assistance with child care, elder care, legal and financial services.

Cleveland Financial Group 28601 Chagrin Blvd., Ste. 300 Cleveland, Ohio 44122 Phone: 216-765-7418 E-mail: tfarro@LNC.com States Available: Ohio Years Offering Products: 30 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: All major & regional insurance carriers & TPAs.

CobraHelp 1620 High St. Denver, CO 80218 Phone: 800-398-2946 E-mail: marketing@mycobrahelp.com www.mycobrahelp.com States Available: All States Years Offering Products: 20+ years Carriers: National COBRA Administrators since 1986 Colonial Supplemental Insurance 26 Gretchen Ln. Sopchoppy, FL 32358 Contact: Ernie Vance Phone: 850-962-2600 E-mail: ernie.vance@coloniallife.com www.coloniallife.com/supplemental/default.asp States Available: AL, FL, GA Years Offering Products: 30 years Products Offered: Group Disability; Group Life Carriers: 1. State of Florida employees (State agencies) 2. Leon County Board of County Commissioners 3. Memorial Hospital and Manor (GA) 4. Coffee Health Group (Hospital in AL) CONCERN: EAP 1503 Grant Rd., Ste. 120 Mountain View, CA 94040 Contact: Paulette Hannah Phone: 888-533-6015 E-mail: info@concern-eap.com www.concern-eap.com States Available: All States Years Offering Products: 28 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; Alternative Health Plans (chiropractic, alternative medicine, etc.)

Carriers: CONCERN Employee Assistance Program Coordinated Benefits Company 923 N Plum Grove Rd., Ste. C Schaumburg, IL 60173 Contact: Jim Patrician Phone: 847-605-8560 E-mail: jpatrician@cbcco.com www.cbcco.com States Available: CO, IA, IL, IN, MI, MO, WI Years Offering Products: 25 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Blue Cross/Blue Sheild, Aetna, UHC, Humana, UniCare, Standard, Ameritas, Guardian, Delta Dental, MetLife, Reliance Standard, Lincoln National, Hartford, Unum, Mutual of Omaha Cornerstone Insurance & Financial Services Inc. P.O. Box 381625 Birmingham, AL 35238 Contact: Rick Radford Phone: 205-980-7411 www.cornerstoneins.com States Available: AL, AR, AZ, CA, CO, CT, DE, FL, GA, IL, IN, KS, KY, LA, MD, MI, MN, MS, NE, NJ, NM, NY, PA, TN, TX, VA, VT Years Offering Products: Many years Products Offered: Group Disability; Group Life; Group Long Term Care Carriers: More than 25 different companies for life insurance, long term care and annuities.

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N29

04.06.09 NATIONAL.qxd

4/1/09

9:30 AM

Page 30

2009 Employee Benefits Directory Cornerstone Preferred Resources P.O. Box 680185 Houston, TX 77268-0185 Contact: Kathy Sturm Chomout Phone: 281-580-6865 E-mail: kathy@cprtpa.com www.cprtpa.com States Available: LA, OK, TX Years Offering Products: 15 years Products Offered: National Group Health HMO or PPO; National Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine,etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision

GE Consumer Finance/Benefit Solutions 200 N Martingale Rd. Schaumburg, IL 60173 Phone: 888-788-9089 E-mail: Benefit.Solutions@GE.com www.benefitsolutionsbyge.com States Available: AK, AR, AZ, CA, CO, CT, DE, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY Years Offering Products: 28 years Products Offered: Group Dental; Group Vision Carriers: Health Discount Solutions by GE Legal Solutions by GE Heritage Casualty Insurance Company

CorpCare Associates Inc. 7000 Peachtree Dunwoody Rd., Bldg 4, Ste. 300 Atlanta, GA 30328 Contact: George Martin Phone: 877-843-6036 E-mail: george@corpcareeap.com www.corpcareeap.com States Available: All States Years Offering Products: 18 years Products Offered: Employee Assistance Programs

Group Benefit Consultants Inc. 33 SE 7 St., Ste. A Boca Raton, FL 33432 Contact: Gary R Chapman Phone: 561-338-5936 E-mail: gbenefit@bellsouth.net www.groupbenefitconsultants.com States Available: Florida Years Offering Products: 18 Years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Medical-Blue Cross, United, Humana, Aetna, Vista, Neighborhood Health, Avalon Healthcare Life, Disability and Dental- Aetna, Blue Cross, Assurant, Genworth, Guardian, Hartford, Jefferson Pilot, Met, Principal, Reliance, UNUM

CPS - Reliable Financial Group 9116 E Sprague, Ste. B202 Spokane, WA 99206 Contact: Frank Skaw Phone: 800-364-3110 E-mail: frank@relfingrp.com www.relfingrp.com States Available: AZ, CA, CO, HI, ID, KS, MT, ND, NM, NV, OK, OR, SD, TX, UT, WA, WY Years Offering Products: 20 years Products Offered: Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision DR Administrative Services Inc. 88 Sunnyside Blvd., Ste. 203 Plainview, NY 11803 Contact: Robert Rosen Phone: 888-791-3737 E-mail: robr@dradmin.com www.drdpny.com Years Offering Products: 12 Years Products Offered: Group Dental; Group Vision - Plan is self-funded Direct Reimbursement Dental Plans Employee Benefit Specialists Inc. 5934 Gibraltar Dr., Ste. 206 Pleasanton, CA 94588 Contact: Larry Rhodes Phone: 925-469-5232 E-mail: Larry.Rhodes@ebsbenefits.com www.ebsbenefits.com States Available: AK, AL, AZ, CA, CT, FL, GA, IN, MN, NC, NJ, NV, NY, OK, SC, TN, TX, WA Years Offering Products: 22 years Products Offered: Voluntary Products Carriers: Allstate Workplace Division and ING Evolutions Healthcare Systems Inc. 7916 Evolutions Way New Port Richey, FL 34655 Contact: Sales Department Phone: 800-881-4474, Ext 2300 E-mail: sales@ehsppo.com www.ehsppo.com States Available: AL, CA, FL, GA, IN, KS, KY, LA, MO, NC, OH, SC, TN, TX Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO Carriers: Carrier Class Network in Florida, over 400,000 providers nationally.

Health Benefit Solutions LLC 43 Church Ave. Cookeville, TN 38501 Contact: Jon A. Johnson Phone: 931-528-7232 E-mail: jonhbs@charter.net www.healthbenefitsolutions.com States Available: KY, TN Years Offering Products: Since 1973 Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Aetna, Assurant, Blue Cross Blue Shield of Tennessee, Bluegrass Family Health, Humana, Principal, United Health Care, Guardian, Prudential, Met Life, and several third-party administrators.

HSM Inc. 7805 Hudson Rd., Ste. 190 St. Paul, MN 55125 Contact: Jim Wieland Phone: 651-287-4732 E-mail: jwieland@hsminc.com www.hsminc.com States Available: All States including Wash. DC Years Offering Products: 20 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical Carriers: Several thousand contracted providers throughout the country

N30 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

Insurance Administrator of America Inc. The IAA Building, 1934 Olney Ave. Cherry Hill, NJ 08003 Contact: Paul Kelly Phone: 856-470-1200 Ext. 223 E-mail: paul@iaatpa.com www.iaatpa.com States Available: CA, DE, FL, IL, IN, KY, MA, MD, ME, MI, NJ, NY, OH, PA, RI, TX, VA, WA, WI, WV Years Offering Products: Since 1985 Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Vision; HRA; FSA; HSA (All with Debit Card options) Carriers: All the nationals and many regional Insurance Analysis & Planning P.O. Box 530795 Birmingham, AL 35253-0795 Contact: Henry W. Strong, CLU, RHU Phone: 205-879-0809 E-mail: insurance@bellsouth.net www.strongfinancialadvisors.com States Available: AL, GA, MS, OH, OR, TN, TX Years Offering Products: 30+ years Products Offered: National Group Health HMO or PPO; National Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Ameritas Life, Genworth Life Ins. Co., Guardian Insurance & Annuity, Hartford Life & Accident Ins. Co., Life Insurance Co. of The Southwest, Lincoln National Life Ins. Co., Metropolitan Life, National Life Ins. Co., National Union Fire Ins. Co. of Pittsburgh, Nationwide Life Ins. Co. of America, Principal Life Ins. Co., Protective Life Ins. Co., Provident Life & Accident, Prudential Ins. Co. of America, Reliance Standard Life Ins. Co., Reliastar Life, Standard Ins. Co., Sun Life & Health Ins. Co., Symetra Life Ins. Co., Unum Life Ins. Co. of America Jordan Benefit Services 4204 Gardendale, Ste. 100 San Antonio, TX 78229 Contact: Sara Jordan Phone: 210-421-8361 E-mail: sarajordan@peoplepc.com www.jordanbenefits.com States Available: Texas Years Offering Products: 23 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; Regional Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Vision Carriers: Aetna, Blue Cross, Humana, Pacificare, Principal Financial, United Healthcare, American National, Colonial, John Alden/Fortis, Pacific Life, Delta Dental, Dental Select, Reliance Standard, Humana Dental, United Healthcare, First Penn Life, Celtic, Fort Knowles Financial Advisors 3017 Ninth Ave. S Great Falls, MT 59405-3421 Contact: Randall Knowles, SPHR, CFP, ChFC Phone: 406-452-7250 E-mail: knowlesmt@bigfoot.com States Available: MT, ND, SD, WY Years Offering Products: 30 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Most

www.insurancejournal.com

04.06.09 NATIONAL.qxd

4/1/09

9:30 AM

Page 31

2009 Employee Benefits Directory L.M.S. Associates P.O. Box 948094 Maitland, FL 32794-8094 Contact: Steven L. Beumer, RHU, REBC Phone: 407-629-4108 E-mail: LMSAssoc@aol.com States Available: AL, AR, CA, FL, GA, IL, IN, KY, LA, MA, MI, NH, NJ, NM, NY, NC, PA, SC, TN, TX, VA Years Offering Products: 25 + years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: AETNA, CIGNA, United HealthCare, Hartford, Sun Life, UniCare, EyeMed, AVESIS, American Spec.

Health, Ameritas, Kaiser, among others.

Louis Rich 1240 Keats St. Manhattan Beach, CA 90266 Contact: Louis Rich Phone: 310-318-1362 E-mail: Louis.Rich@gte.net www.louisrichinsurance.com States Available: California Years Offering Products: 18 years Products Offered: Regional Group Health HMO or PPO; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: All worksite carriers MAVUM Consulting 7160 Graham Rd. Indianapolis, IN 46250 Contact: Rod Reasen Phone: 317-913-3370 E-mail: rreasen@mavum.com www.mavum.com States Available: CO, FL, GA, IA, IL, IN, KY, MI, NC, NV, OH, SC, TX Years Offering Products: 15 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Anthem, Aetna, AIG, Central Reserve Life, MetLife, Principal, Companion, Guardian, United HealthCare, Humana, Cigna, Great West, Jefferson Pilot, Advantage Health, M-Plan, Medical Mutual, Star HRG, Aflac, Colonial, Blue Cross Blue Shield, Many Others Medical Link 301 Madison Ave. New York, NY 10017 Contact: Mickey Lyons Phone: 212-490-8777, Ext. 104 E-mail: mlyons@medicallink.com www.medicallink.com States Available: CA, CT, FL, NJ, NY, PA Years Offering Products: 18 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Aetna, United, Horizon, Empire, Oxford, Humana, American Medical, HIP, GHI, Guardian, Healthnet, AFLAC, Colonial, Met, Genworth, Hartford, First Reliance, and many more.

www.insurancejournal.com

Meritain Health 300 Corporate Parkway Buffalo, NY 14226 Phone: 800-242-6226 E-mail: sales@meritain.com www.meritain.com States Available: All States Years Offering Products: 30+ years Products Offered: Provider of services to self-funded health plans andconsumer-driven health plans. National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Midwest Business Group on Health 35 E Wacker Dr., Ste. 1500 Chicago, IL 60601 Contact: Larry Boress Phone: 312-372-9090, Ext. 101 E-mail: lboress@mbgh.org www.mbgh.org States Available: Illinois Years Offering Products: Since 1998 Products Offered: Chicago HMOs, PBM, Incentive Program, Diabetes/Cardio Value-based Health Mgmt Program, Wellness/Health Mgmt Suite of Services Carriers: Disease Mgmt Svcs: Health Dialog, LifeMasters, Matria/CorSolutions *Pharmacy Services: Walgreens Health Inititatives (WHI) *Health Promotion Services: HPN Worldwide. *Chicago HMOs: HMO Illinois, Blue Advantage, Humana, UniCare, AUDIT Midwest Insurance Brokerage Service 54 W Seegers Rd. Arlington Heights, IL 60005 Contact: Tony Camodeca Phone: 847-631-6661 E-mail: tony@midwestga.com www.mibsusa.com States Available: AL, AZ, CA, CO, FL, GA, IL, IN, KS, KY, LA, MI, MO, NC, NV, OH, OK, SC, TN, TX, UT, VA, WI, WV Years Offering Products: 20 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Group Dental; Group Disability; Group Life Carriers: Blue Cross Blue Shield of Illinois, AFLAC, Assurant, Ft. Dearborn Life, G.E. Financial Millennium Administrators Inc. 900 Ashbourne Way, Ste. B Schwenksville, PA 19473 Contact: Sara B. Picard Phone: 610-222-9400 E-mail: spicard@millennium-tpa.com www.millennium-tpa.com States Available: All States including Wash. DC Years Offering Products: 10 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Stand alone RX plan option from several different PBM’s. Carriers: Express Scripts, Health Trans, IPS, Benescripts, Wallgreens. myBenefitStatements 432 E Pearl St. Miamisburg, OH 45342 Contact: Larry Bissett Phone: 800-865-4485 E-mail: LarryB@myBenefitStatements.com www.mybenefitstatements.com States Available: All States Years Offering Products: 20 years Products Offered: Alternative Health Plans (chiropractic, alternative medicine, etc.) - Customized employee benefit statement services.

North Star Resouce Group 2701 University Ave. SE Minneapolis, MN 55414 Contact: Cheryl L. Marks, RHU REBC Phone: 612-617-6163 E-mail: cheryl.marks@northstarfinancial.com www.northstarfinancial.com States Available: AZ, IA, MN, ND, NM, OR, TX, WI Years Offering Products: 20 Years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Blue Cross, Medica, Humana, United HealthCare, Assurant, Guardian, Principal, Hartford, Standard, Delta Dental, UNUM, MetLife, Health Partners,Preferred One, Great West, Reliance Standard Pet Protect P.O. Box 11447 Naples, FL 34101 Contact: Rhona Sutter Phone: 239-403-4100 E-mail: petprotect@pethealthinsure.com www.pethealthinsure.com States Available: AL, AK, AZ, CA, CO, CT, DE, FL, GA, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, VA, VT, WI, WV, WY Years Offering Products: Since 1997 Products Offered: Pet Healthcare Ins. for Dogs & Cats Carriers: Insurance Corporation of Hannover Petersen International Underwriters 23929 Valencia Blvd., Ste. 215 Valencia, CA 91355 Contact: Mark Petersen Phone: 800-345-8816 E-mail: Mark@piu.org www.piu.org States Available: All States Years Offering Products: 30 years Products Offered: Group Disability Carriers: Lloyd’s of London PPO Dental Plus P.O. Box 953279 Lake Mary, FL 32795 Contact: Mark Gebhardt Phone: 407-324-3921 E-mail: mgebhardt@aigilis.com www.aigilis.com States Available: All States including Wash. DC Years Offering Products: 25 years Products Offered: Group Dental Carriers: Security Life and Symetra Preferred Vision Care P.O. Box 26025 Overland Park, KS 66225-6025 Contact: Evan J. Disser Phone: 913-451-1672, Ext. 404 E-mail: sales@preferredvisioncare.com www.preferredvisioncare.com States Available: All States including Wash. DC Years Offering Products: 35 Years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Vision

April 6, 2009 INSURANCE JOURNAL-NATIONAL REGION | N31

04.06.09 NATIONAL.qxd

4/1/09

9:30 AM

Page 32

2009 Employee Benefits Directory Pritchard & Jerden Inc. 3565 Piedmont Rd., Bldg 3, Ste. 700 Atlanta, GA 30305 Contact: Jodie Braner Phone: 404-949-1059 E-mail: jbraner@pritchardjerden.com www.pritchardjerden.com States Available: AL, FL, GA, KS, NC, PA, SC, TN Years Offering Products: 15 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Aetna Life Ins Co, American United Life Ins, BCBS, Coventry, United HealthCare, Banner Life, Employers Health, Eyemed, Greater GA Life, General American, Guardian, Hartford, Humana, Jefferson Pilot, Lincoln National, Met Life, EyeMed, Principal, Guardian, Reliance Standard, Standard, Genworth, Kaiser, United Concordia, Cigna, Compbenefits, Sunlife, Symetra Resource Brokerage LLC 1501 E Woodfield Rd., Ste. 110E Schaumburg, IL 60173 Contact: Jane Kopecky or Blair Farwell Phone: 800-605-7566 E-mail: info@resourcebrokerage.com www.resourcebrokerage.com States Available: IL, IN, MI, MO, WI Years Offering Products: The firm has been in group benefits for more than 27 years!

Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; Group Dental; Group Disability; Group Life; Group Vision Carriers: BlueCross BlueShield of Illinois, Humana, UniCare, IAC, Starmark, Time, AIG, Fort Dearbon Life Roster Financial 1000 Voorhees Dr. Voorhees, NJ 08043 Contact: Patricia A Kilgore Phone: 800-933-6632, Ext. 1159 E-mail: patriciakilgore@rosterfinancial.com www.rosterfinancial.com States Available: All States Years Offering Products: 25 years Products Offered: Annuity; Life; Group Life; Group Long Term Care; Individual Long Term Care, Disability and Final Expense Carriers: Allianz, Allianz NY, Assurity, Mass Mutual, Met Life, John Hancock, Prudential, Penn Treaty, Med America Source One LLC 1970 Swarthmore Ave., Ste. 6 Lakewood, NJ 08701 Phone: 888-661-7297 www.abcpayroll.com States Available: New Jersey Years Offering Products: 20+ years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: Many

Superior Benefit Plans 5775 Lower York Rd., Lahaska, PA 18931 P.O. Box 599, New Hope, PA 18938 Contact: Marybeth Snyder, CEBS, CLU Phone: 610-722-9900 E-mail: msnyder@superiorbenefitplans.com States Available: DE, NJ, PA Years Offering Products: 26 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Vision; Individual Health; Voluntary Benefits Carriers: Aetna, Blue Cross/Blue Shield, 20 Regional and Ancillary Line Carriers, All Major Life and Disability Insurers, Self-funding TPAs. Supportive Solutions Inc. P.O. Box 52 Murrysville, PA 15668 Contact: Tonya Slawinksi Phone: 724-515-7354 E-mail: tonya.slawinski@supportive-solutions.com www.supportive-solutions.com States Available: All States Years Offering Products: 4 years Products Offered: Specializing in crisis management, response and consultation.

Carriers: Corporate companies and TPAs The Washington Insurance Group Inc. 1101 30th St., NW Washintgon, DC 20007 Contact: Martin G Meadows Phone: 202-728-1092 E-mail: mgmeadows@washingtoninsurance.com www.washingtoninsurance.com States Available: All States including Wash. DC, Outside USA/Canada Years Offering Products: 25 + years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision Carriers: 25+ insurance & reinsurance carriers, TPAs & wholesale distributors including: Aetna, Anthem co’s, regional Blues, national Kaiser Permanente plans, Guardian Life, Prudential, Transamerica and United Healthcare co’s.

Way2SaveRX P.O. Box 953279 Lake Mary, FL 32795 Contact: Mark Gebhardt Phone: 407-324-3921 E-mail: mgebhardt@aigilis.com www.Way2SaveRX.com States Available: All States including Wash. DC Years Offering Products: 25 years Products Offered: National Prescription Drug Discount program. No cost to participants. For affinity & corporate groups, Associations and individuals enroll online.

Westland Financial Services Inc 1717 Kettner Blvd., Ste. 200 San Diego, CA 92101 Contact: Gene A. Pastula, CFP Phone: 800-238-8144 E-mail: genep@westlandinc.com www.westlandinc.com States Available: All States including Wash. DC Years Offering Products: 20+ years Products Offered: Group Long Term Care Carriers: Prudential Life, Metropolitan Life, John Hancock Life, Genworth Life, Allianz Woodruff - Sawyer & Co. 220 Bush St., 7th Fl San Francisco, CA 94104 Contact: Jennifer Walsh Phone: 415-399-6444 E-mail: jwalsh@wsandco.com www.wsandco.com States Available: All States Years Offering Products: 31 years Products Offered: National Group Health HMO or PPO; Regional Group Health HMO or PPO; National Group Indemnity/Major Medical; Regional Group Indemnity/ Major Medical; Alternative Health Plans (chiropractic, alternative medicine, etc.); Group Dental; Group Disability; Group Life; Group Long Term Care; Group Vision

Transamerica Worksite Marketing 1400 Centerview Dr. Little Rock, AR 72211 Contact: Chuck McArthur Phone: 501-227-1260 www.transamericaworksite.com States Available: All States Years Offering Products: 40 years Products Offered: Group Dental; Group Disability; Group Life; Group Vision Carriers: Transamerica Worksite Marketing (administrative office), Transamerica Life Insurance Company, Transamerica Financial Life Insurance Company, Transamerica Occidental Life Insurance Company, Vision:Spectera, Inc. (administrative office), United HealthCare

N32 | INSURANCE JOURNAL-NATIONAL REGION April 6, 2009

www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 43

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 44

South Central Coverage News & Markets

Five Reasons Why Agents Should Pay Attention to the Stimulus Package Bushnell

By Stephen G Bushnell

T

he American Recovery and Reinvestment Act of 2009, or the Stimulus Package, is the largest infusion of government funds into the private sector in history. Although it does not include direct benefits to the insurance industry, it includes provisions that will impact our customers in fundamental ways. The package is the first step in defining the priorities of the new administration, setting a direction that will have a financial and risk management impact on all Americans. Forward looking agents can and will recognize the opportunities and new ways of thinking about risk that this new direction offers. There are five significant areas — five reasons to pay attention:

incent investment in wind and solar, spur research and development (R&D) for new forms of alternative energy (biomass, biofuels, lithium ion batteries) and research carbon sequestration technologies. This investment will impact multi-scale manufacturing, construction and operation of alternative energy facilities, mostly in the private sector. New projects and new technologies create new risks that the insurance industry must be ready to understand and manage.

Agents who pay attention and develop expertise will be very well-positioned to be impactful in this fluid landscape. Much like the high-tech revolution, the R&D expenditures will produce rapid changes in technology and risk. Trusted advisors who can help their customers manage these new risks will be big winners.

Investment in Energy Retrofits Nearly $16 billion will flow to energy retrofit projects. Energy Secretary Steven Chu is on Investment in the Grid record saying he wants this money to be spent Today’s electrical grid is a mess. It is essenin the next 18 months. Retrofits will stimulate tially a patchwork of different systems that the home improvement industry and have a exposes Americans to significant financial marked impact on energy use. It is cheaper to risk. The Electric Power conserve than to build Research Institute estimates new power plants. that power outages cost AmeriSome insurers are ‘Forward looking cans more than $100 billion per ahead of this curve, havagents can and year. Most are uninsured. The ing launched green buildInsurance Information Institute ing products and consult- will recognize the estimates that 85 percent to 90 ing services. Many agents opportunities percent of U.S. businesses are have already recognized and new ways not insured against power failthat energy costs are a financial risk that can be of thinking about ure. The $11 billion in the stimpackage for smart meters managed through the risk that this new ulus is probably just the down payright insurance program. ment. Dr. Daniel Kamman of Reduced energy costs direction offers.’

Lawrence Berkeley National translate to a stronger Labs, and an Obama advisor, estimates the bottom line for business and more disposable final cost to modernize the grid co uld exceed income for citizens. Agents who help cus$400 billion. In our role as risk managers, we tomers find insurance solutions to energy effineed to advocate for a reliable grid. ciency have changed the total cost of risk.

Investment in Alternative Energy Generation Again, nearly $16 billion will be used to

Private Investment Will Follow Government Dollars We are already seeing venture capital flow-

44 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

ing to energy-related investments. The longterm returns are attractive, and the reasons to invest are compelling. It’s probably no surprise that T. Bone Pickens and a group of Minnesota investors are planning a major new facility to produce better, stronger blades for wind turbines. Silicon Valley, Calif., has retooled to manufacture solar panels. The United States is full of unused manufacturing facilities, and the green jobs fever is just catching on. Consider how quickly American industry retrofitted itself to make tanks and bombers in the early 1940s.

The risk challenges and insurance opportunities are already here.

The Feds are Late to the Party For the past several years, state and local governments have carried the ball when it comes to these investments in energy and energy efficiency. Western and New England states have implemented carbon cap and trade legislation. California and at least 10 other states allow local government to finance energy retrofits (including solar) through property tax loans and liens. Most major cities have enacted building codes that require new construction (and rehabs) to conform to LEED (Leadership in Energy and Environmental Design) standards. Some insurance companies and many agents already have recognized how these developments impact risk and our ability to professionally serve our customers.

The (high speed) train is just about ready to leave the station. Agents with an eye to the risks and opportunities of the future are on board. Are you? IJ Bushnell is senior director of Emerging Industries, Commercial Insurance for Fireman’s Fund Insurance Co. based in Novato, Calif. www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 45

Our Turnaround Time is Excellent We know a quick turnaround is important to you and your clients. With underwriting authority in many of our markets, we’re able to provide you a quote within a few minutes in many cases. Our office is completely paperless, which eliminates the time (and wasted paper) needed when documents are moving from desk to desk.

Give us a call today and see how we can speed up your Agency’s submission process.

$IPJDFT t &YQFSUJTF t 2VJDL 5VSOBSPVOE t $PNQFUJUJWF 1SJDJOH

5IBU T UIF 5"(" %JòFSFODF XXX UBHB DPN -B +BJUB %S 4UF $FEBS 1BSL 59

$PNNFSDJBM -JBCJMJUZ 1SPQFSUZ t 'BSN 3BODI 0QFSBUJPOT 1PMMVUJPO &OWJSPONFOUBM -JBCJMJUZ 8PSLFST $PNQFOTBUJPO t 5SBOTQPSUBUJPO $PNNFSDJBM 1FSTPOBM 6NCSFMMB t #SPLFSBHF $PNNFSDJBM "HSJDVMUVSF t 1SPGFTTJPOBM -JBCJMJUZ

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 46

South Central Coverage News & Markets

2008 Costly for Insurance Industry in Texas

By Juan A. Lozano

T

he Texas insurance industry lost nearly $1.4 billion in 2008. According to figures released by the Texas Department of

Insurance, for every dollar the state’s insurance industry took in it paid out $1.65.

“It was a tough year for the industry after several profitable years,” said Ben Gonzalez, a TDI spokesman. “These things balance out.

There are good years and bad years.”

But 2008 proved to be particularly bad, as three major hurricanes made landfall: Dolly hit the Texas-Mexico border in July; Gustav slammed the Texas-Louisiana line on Labor Day; and Ike, the most destructive of the three, barreled ashore near Galveston on Sept. 13.

Damages from last year’s hurricane season are estimated at more than $29 billion. Ike and Dolly resulted in nearly 1 million insurance claims alone, said Insurance Council of Texas spokesman Mark Hanna.

TDI data showed the industry earned nearly $5.2 billion in premiums and had losses of nearly $6.6 billion. The industry had a loss ratio of 127 percent and a combined loss and expense ratio of 165 percent. The last time those figures topped 100 percent in Texas was in 2002, when mold-damage claims soared.

Alex Winslow of Texas Watch called the data incomplete and misleading. “TDI fails to

consider significant reinsurance recoveries, which will lower the industry’s losses; uses an inflated loss number that does not reflect a ctual claims paid after the insurance industry employs its well-documented deny, delay, and underpayment tactics; and focuses on the combined loss ratio, which includes industry expenses like bloated overhead expenses, CEO salaries, and fat agent commissions,” he said.

Hanna countered that the industry “did a tremendous job of handling these claims.” He said more than 90 percent of Ike claims have been paid and out of nearly 800,000 claims only 1,500 complaints were filed. IJ Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

46 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 47

Idea Exchange Agency Value

What is Your Agency Worth?

Ganis

By Stuart Ganis

• Interviewing ownership regarding day to day operations.

This can be a short list for some and a long ost of the calls from prospective insurone for others. Not all buyers will ask for tax ance agency sellers start with, “What returns, but they will ask for commission or are agencies selling for these days?” or, “What bank statements to confirm the seller is kind of multiple can I expect if I sell m y receiving the commissions in its profit and agency?” loss statement.

Insurance agencies are like Having an organized presentation for snowflakes, no two are alike. prospective buyers makes all the Unfortunately, there isn’t difference in the world. It a database of comparable should not take a week to send information as there is Insurance agencies for the residential real are like snowflakes, an income and expense statement to a prospective buyer. estate. There’s no uniform no two are alike.

Buyers should not have to search formula, method or stanfor, wait and hope to receive dardized pricing model information about the agency when requestwhen selling an insurance ed. It should be readily available in a format business. Nevertheless, there are several that doesn’t disclose the agency name, client factors buyers consider when viewing insurnames or other confidential information. ance agencies for sale. Among those are: Sending basic financial data is the first step • Size of book; in the selling process. If buyers have a difficult • Location; time obtaining the information, they’ll imme• Carriers written (direct or general agents); diately lose interest in the business. By organ• Percentage of direct bill or agency bill; izing the data necessary to sell the ag ency • How much of the revenue is commission; ahead of time, the seller will be a fe w steps • How much of the revenue is broker fee; ahead of the competition and make a great • Number of employees; first impression to prospective buyers. Time is • Languages spoken; well spent preparing and organizing financial • Sellers’ discretionary earnings (earnings data for potential buyers to review. without owner expenses); Selling an agency is not a long, complicated • Commission trends for the past three to fiv e process — unless the owner is unprepared. years; Hiring an intermediary to prepare for the sell• Are financials available and organized? Will ing process is a great idea. It allo ws the owner the seller provide financing (carry a note)? to continue to run the business, maintain con• Details of the office lease; fidentiality and only meet pre-qualified buy• Other debts (i.e. Yellow Pages, equipment ers. The last thing an insurance agency owner leases, 1099 producers); wants is prospective buyers calling the office • Loss ratios with key carriers; and asking information about the agency for sale.

• Software used, agency management system, If selling an agency, the owner has a much rater. better chance at selling the agency than someUpon review of that information, buyers one randomly coming along and buying it. An should be able to determine a price and subintermediary can help match an agency to a mit a letter of intent to the seller — and if accepted, begin the due diligence process. Due buyer that does similar business, which will make the selling process a positive experience. diligence may include but is not limited to: The bottom line is, if you fail to plan, you • Confirming the income statements against plan to fail. the actual commission statements; • Reviewing taxes, profit and loss, and other financial data for one to five years; Ganis Consulting is a Los-Angeles based insurance consul• Reviewing loss ratios; tancy that specializes in insurance agency sales and acquisi• Office leases; and tions. Contact: stuart@ganisco.com; www.ganisco.com.

Think Big!

M

www.insurancejournal.com

We do.

That’s why we’re leaders in writing: • Entertainment • Cancellation/ Non-appearance • Kidnap & Ransom • E&O As wholesalers, we’re dedicated to make writing these exciting risks easier for you.

Anthony Pittari • (212) 297-2383

apittari@laxcess.com Aaron Ma • (818) 623-5410

ama@laxcess.com www.laxcess.com

National Entertainment Wholesalers

A DSG Company • CA Lic. #0A94493

April 6, 2009 INSURANCE JOURNAL-SOUTH CENTRAL REGION | 47

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 48

South Central Coverage Business Moves Gillis, Ellis & Baker Independent insurance agency Gillis, Ellis & Baker Inc. (GEB), headquartered in New Orleans, opened a new office in Houston under the name of Gillis, Ellis & Bak er of Texas PLLC. “We have clients with operations in Texas, and we want to make sure their needs are addressed,” said GEB President Anderson Baker. “Additionally, there are significant

opportunities for growth that we want to capitalize on.”

Kevin Todd Davis will head the office. He comes to the Texas operation with more than 20 years of experience in insurance brokerage.

The Houston office will specialize in risk management and insurance placements for large, complex accounts, including construction, health care and energy risks.

NORTH AMERICAN GROUP HAS A WHOLE NEW FUTURE MAPPED OUT In celebration of our 50th anniversary, we’re introducing a new corporate identity.

Whether you’ve known us as North American Group; Agar-Ford-Jarmon & Muldrow; Robert C. Bates; Ford Hines Klein Watson; Minard-Ames; Towe, Hester & Erwin; CTK North American or Commercial Insurance Services, beginning April 2009, we will become the INSURICA Insurance Management Network.

The new INSURICA Insurance Management Network looks forward to a shared future that is even brighter than our past.

To learn more about INSURICA and the 12 key industries we specialize in, please visit INSURICA.com.

48 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

GEB recently celebrated its 75th anniversary in New Orleans and finished 2008 with more than $80 million of premium pla cements for its clients.

GEB is the New Orleans office of Assurex Global, the a privately-held commercial insurance, risk management and employee benefits brokerage group.

Willis Insurance broker Willis will become a new and very high-profile tenant of Chicago’s iconic Sears Tower. Under an agreement with the building’s owners, the building will be renamed Willis Tower. The move is expected to be completed by late summer.

Willis said it plans to consolidate fiv e Midwest area offices and move nearly 500 associates into Willis Tower, initially occupying more than 140,000 square feet on multiple floors. Willis said its move to the new space, at $14.50 per square foot, will result in significant real estate cost savings, and that there is no additional cost to the company associated with renaming the building.

The building, first opened in 1973, is recognized worldwide as a center for business and an architectural signature of Chicago’s skyline.

The majority of Willis HRH Associates are moving to Willis Tower work in the company’s retail brokerage business, which includes specialists in construction, executive risk, healthcare, property, real estate and employee benefits. Willis Tower also will be home to Willis Commercial, which serves small- and medium-sized enterprises, and which utilizes the technology platform Insurance Noodle. In addition, Willis’ Innotech business, a high-tech service center for healthcare benefits clients, will be housed in the Willis Tower offices.

The company’s North American business is now known as Willis HRH following Willis’ October 2008 acquisition of insurance intermediary Hilb Rogal & Hobbs (HRH).

Zurich North America Zurich North America Commercial’s Energy Casualty group opened offices in Cleveland, Ohio, and Atlanta.

The Cleveland office will be the base of operations for an expanded mining pra ctice, while the Atlanta office will serve accounts in the southeastern United States. IJ www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 49

Classifieds

Ad Index

Insurance Journal Texas / South Central • 3570 Camino del Rio North, Ste. 200 • San Diego, CA 92108-1747 Fax: 619/584-1200 • Phone: 800/897-9965 x125 • classifieds@insurancejournal.com For Ad Rate and Information

National Agency Ideas

SOFTWARE

N27

www.agencyideas.com Allied World Assurance Company

N7

www.awac.com Applied Underwriters

FREE Web-based Insurance Management System Multi-user, management system for reciprocal medical liability insurance providers – www.insurancesoft.com Covering; Underwriting, Risk Management, Accounting and Claims.

For more information visit www.smartstone.com or email info@smartstone.com

2

www.applieduw.com Astonish Results

N21

Braishfield Associates Inc.

N22

www.braishfield.com Burns & Wilcox Ltd

N19

www.burnsandwilcox.com CDS Business Mapping

N18

www.riskmeter.com

SERVICES

Chubb Corporate Francis L. Dean Freedom Specialty

5 N9 N10

www.freedomspecialtyins.com Great American Insurance Company

N8

www.greatamericaneld.com

Guards • Investigators • Alarms

GL/Professional Umbrella • WC • Crime 1-800-665-7304 www.brownyardprograms.com

Insurbanc

N6

K&K Insurance Group

10

www.kandkinsurance.com L.A. Xcess

47

Liberty Mutual

N3

www.libertymutual.com McGowan & Co, Inc.

43

www.mcgowaninsurance.com

INSURE CAREER SUCCESS

Midlands Management Corporation National Alliance Production School Navigators Insurance Company

N25 52

RLI

N11

Sports & Fitness Insurance

N27

www.sportsfitness.com TAPCO The Sullivan Group

7 N5

www.gjs.com

Visit our online Job Board www.insurancejournal.com/classifieds

Check Out Our Online Classifieds!!

• Advertise - Job vacancies, agencies wanted/for sale, training courses, services, new products etc • Traffic - Website viewed by over 240,000 unique users per month.

• No deadlines - Submit online and your ad will be live immediately.

Travelers Insurance

N7

Westrope

N4

www.westrope.com

South Central American Union Risk Associates, LLC North American Insurance PSIC - Pacific Specialty Insurance Company www.psic-onespot.com SWBC 4 www.swbcexcessflood.com Tejas American General Agency www.taga1.com Texas Mutual Insurance Company www.texasmutual.com

• Rates - With discounted rates for also advertising in the printed magazine and in the weekly IJ Classifieds Alert email newsletter, sent to over 13,000 subscribers every week.

For more information visit:

www.insurancejournal.com/classifieds www.insurancejournal.com

N25

www.midlandsmgmt.com

April 6, 2009 INSURANCE JOURNAL-SOUTH CENTRAL REGION | 49

46 48 51 6 45 3

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 50

Idea Exchange Closing Quote

6 Steps to Take Before the Soft Market Hardens

By Scott Chang

Chang

M

ost insurance professionals detest a soft market due to the increase in competition, unreasonably low pricing and increased market vulnerability. Some, however, may appreciate a softening precisely because of the change in underwriting and pricing philosophies.

No soft market (or hard one) lasts forever. I’m no economist or fortune teller but I’m confident the hard market will arrive.

Just like the “real estate bubble” had to end, carriers cannot sustain both underwriting and investment losses.

What does this mean to retail agents and brokers? Agencies with a majority of their book placed with preferred carriers may spend additional, unanticipated time trying to re-market those accounts because of the crises being faced by these carriers.

Carriers know that if they continue to entertain risks as they have during the soft market, they could wind up insolvent.

This commentary is not intended to scare; just to remind agents to prepare for the return of the hard market. When the market does turn, the burden once again will be on agents to adapt to the new market — to which some may not be accustomed or even ever experienced.

Underwriting complacency and pricing latitude will disappear in the next hard market, as in all hard markets.

Additionally, clients accustomed to the current market conditions are going to complain, asking why their renewal offers are so much higher, or why the incumbent carrier is not renewing the policy despite a clean claims history. Being able to satisfactorily answer these questions and successfully retain clients will soon be the mission of every agent.

Don’t Be Left Behind How do agents avoid being left behind when the shift happens? I’m an underwriter and this is not a bout soliciting business. It’s about the reality of the coming marketplace and the need to be prepared. I offer a few suggestions: 1. Just as a grocery store operator regularly checks, agents should do the same to make sure current markets are not significantly changing guidelines or increasing rates. If they are, this could mean they are planning to cut a few agencies as soon as they feel that their executives can no longer spend $1.2 million to renovate their offices (I won’t say who). Agents who

50 | INSURANCE JOURNAL-SOUTH CENTRAL REGION April 6, 2009

have other preferred carriers should approach them before the market changes. They shouldn’t wait until the last minute.

2. Agencies should gather individual loss runs and agency loss data as quickly as possible. This is important because if/when markets become insolvent, it is very difficult, if not impossible, to obtain loss runs or analytical reports. Agents shouldn’t assume that the insurance departments, guarantee associations or any other governmental agencies can or will assist in securing this data. They will most likely disregard such requests since they work for consumers, not the industry.

3. Agents should renew and/or rebuild their relationships with their excess and surplus lines markets. Surplus lines brokers, wholesalers or MGAs make markets available to retail agents who lack the necessary “preferred” markets or need a market for risks normally declined by preferred carriers.

4. Agents should not be afraid to ask questions or reach out to past or current contacts. Many insurance practitioners rely on knowledge gained from on-the-job experience, selfClients are going education or acquaintances rather than company trainto ask why their ing programs. Unlike standard carrier underwriters, many excess and surplus renewal offers lines underwriters have knowledge and direct expeare so much rience at both the carrier and retail levels. MGA higher. underwriters cannot only advise on current market conditions, but they can also help agents by obtaining rates and coverages not normally available.

5. Agencies must automate. More people buy insurance via the Internet. Agencies need to communicate with customers more through technology.

6. Participate and invest in industry seminars and conventions. Agents who are well informed understand the deeper aspects of the industry and the market.

The industry will be facing great challenges in the near future. I believe preparation is the best option. IJ Chang is an underwriter with RIC Insurance General Ag ency Inc, a managing general agent in California. Chang has been in insurance for 18 y ears on both retail and wholesale side. At RIC, he specializes in program business including restaurants and garage. http://www.ric-ins.com/

www.insurancejournal.com

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 51

Pa a P B cifi rod eco cS uce me pe r n cia ow lty ! .co m

Texas homeowners are happier in the spotlight.

HO-3 Homeowners HO-4 Renters HO-6 Condo Unit-Owners

Now you can work with more of the top Texas clientele, with new preferred-tier homeowner’s policies from Pacific Specialty. Big discounts. More optional coverages. Low rates. It’s everything you need to satisfy preferred customers, with all policies written by an A.M. Best ‘A’ rated Texas insurance company.

Contact the Texas experts at 1-800-303-5000 (Jason Alexander x3644 or Jack Ward x3900).

Great coverage.

Lower prices.

Happy customers.

PacificSpecialty.com PROPERTY

•

R EC R E AT I O N

•

MARINE

•

LIABILITY

•

COMMERCIAL

Products underwritten by Pacific Specialty Property and Casualty Company. A.M. Best “A” Rated. Admitted in all states. © 2009 McGraw Insurance Services, P.O. Box 40, Anaheim, CA 92815. CA License No. 0531139. National Producer No. 963519.

04.06.09 SOUTH CENTRAL.qxd

3/31/09

4:09 PM

Page 52

Risk can be contained.

If your coverage isn’t already with Navigators, maybe it’s time it was.

Insuring a World in Motion since 1974

www.navg.com