The Suffolk Big Eye Jan/Feb 2012 Issue

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SUFFOLK Big Eye INDEPENDENT INSURANCE AGENTS & BROKERS OF SUFFOLK COUNTY

David Borg received the Joel S. Pollack Young Agent of the Year Award Don’t Miss the March Meeting “The Positive Power of Humor” Tuesday March 27, 2012 Visit www.suffolkagents.com

the

President’s Message President

The Suffolk County Independent Agents Association was well represented at this year’s Capital Event and L – Day on January 30, and 31.

Over 13 members attended putting us at the top of the list for Association participation. There are detailed articles in this issue regarding both important events but suffice it to say both were well worth the trip and effort to attend.

One of the main topics of the Capital Event was the introduction of Earl Eaton nnn

“Project Cap.” A National Initiative for “Taking Back Market Share;” from the direct writers via internet marketing. IIABNY is rolling out the product in conjunction with Trusted Choice and you will be hearing much more about this exciting new marketing tool designed to get your agency noticed when potential buyers are inquiring on the internet. Keep an eye out for a membership meeting in April where Dick Poppa, IIABNY CEO will be presenting the program to the Suffolk Agents. For further information please go to the website www.projectcapmarketing.com

Many of the Suffolk County Legislator’s attended the L – Day Breakfast and made

the President’s Message cont’d additional time available to us back at their offices. All of them certainly understand the potential problems for the consumer if a statute isn’t passed to standardize a “Hurricane Trigger.” Moving on to the Health Insurance Exchanges there was full agreement for the role of the insurance broker advising their client with the ability to be compensated accordingly and to have broker compensation outside the Medical Loss Ratio.

We also received positive feedback to the issue facing brokers when it comes to Certificates of Insurance that require certain language not consistent with what is permissible to be included on a certificate.

All of us know the legislative process is very slow and frustrating however there just may be a chance for some action to take place this year. While L – Day may have come and gone please keep in contact with your State Representative from time to time and continue to urge them to take action on our concerns.

IIABSC MEETING NOTICE It’s Double the Meeting!

JOIN WITH US AND MEMBERS OF OUR NEIGHBOR ASSOCIATION, TRICOUNTTY

TUESDAY MARCH 27, 2012

Don’t take yourself so seriously!

A Double Pleasure is Waiting for You! Buffet Cocktail Hour! Pasta Bar! Unlimited Drinks!

Steakhouse Menu! Wine! Dessert!

Special Guest Speaker: Yvonne Conte is a keynote speaker and author who has attracted clients such as Merck Pharmaceutical, Xerox Corporation, Time Warner, New York Central Mutual, G E Global, Continental Tire, Lucent Technology, AT&T, AARP, and over 700 other leading organizations.

Time:

6 pm Cocktail Hour 7 - 10 pm Speaker & Dinner

Cost:

$90.00 per person for IIABSC members. $95.00 per person for all other guests With no advance reservation, please add $5.00 to your check, payable at the door

Place:

Melville Marriott Long Island 1350 Old Walt Whitman Road ! Melville, New York 11747

Everyone who pre-registers receives a “Zen”sational gift!

Everyone attending gets a chance to win $500 a week for life!

REGISTER ON-LINE AT www.suffolkagents.com Reservations required and must be in by Thursday March 22, 2012 Event Questions? Contact Pat Calvert 516-621-2209 - calvertpc@aol.com Registration questions? Contact Jeanne Abatelli 516-681-6265 –injeanious1@verizon.net

NAMES: ________________________________________________TEL: _______________________________ AGENCY/CO: ________________________________________E-MAIL: ________________________________ MAILING ADDRESS: _______________________________________________________________ USE SEPARATE SHEET FOR ADDITIONAL NAMES. ENCLOSED IS CHECK FOR _____ $90.00(MEMBERS) PAYABLE TO: IIABSC

OR_____ $95.00(NON MEMBERS)

MAIL TO: JEANNE ABATELLI * 150 DARTMOUTH DRIVE * HICKSVILLE, NY 11801

David Borg of Borg & Borg, Inc., Huntington, received the Joel S. Pollack Young Agent of the Year Award. Borg is a director of the IIAB of Suffolk County and serves on that group’s communications committee. Presenting the award, IIABNY Chair of the Board Christopher A. Brassard praised Borg’s reliability and eagerness to help the industry and his community. In addition to his work with the IIABSC, he has organized and promoted events for IIABNY’s Next Generation Insurance Professionals group and raised funds for the Long Island Alzheimer’s Association by participating in an annual four-mile swim.

Mark Your Calendar!

The Independent Insurance Agents & Brokers of Suffulk County Annual Golf Outing will be held Monday June 25, 2012 at Port Jefferson Country Club at Harbor Hills 121 West Broadway, Port Jefferson, NY 11777

The Event is Scheduled to Begin at 1 PM with a Shotgun Tee-Off Add This Event to Your Calendar!

DETAILS TO FOLLOW SHORTLY!

L-Day Experience

By John V. Stype, CIC Suffolk County had its highest number of Agents attend L-Day in Albany in recent years. There were over 200 Agents State wide. It was nice to see many Young Agents at the meeting attending from all over the State. Our State Association does a great job inputting this together. There were many things that were discussed at our seminars and meetings with the Legislators.

On Monday afternoon, there was a talk given by Dr. Robert Hartwig, president of the Insurance Information Institute. He spoke about the impact of the 2011 Catastrophe loss activity on the P/C Insurance Markets. The numbers are getting worse. You can go to the III.org web site and look for presentations to see Bob’s power point. It is very informative. We also had a presentation by a panel of speakers with regards to a new program that Trusted Choice is putting out. It is called Project Cap. This will be a program that is very broad in content and will help steer clients to the Trusted Choice website. The web site to view is projectcapmarketing.com. Trusted Choice is going this way since over 75% of the personal lines buyers starts on the web. Trusted Choice will then hope to be on the front page when searches are requested. The client will then fill out applications, this currently will be auto. This will also then be able to be rated by the client.

Based on the questions that are asked of the client, the client will then be steered to an agent in their area. They are also working on apps which the client can use for claims. The Independent Agents share of the Personal lines market has been shrinking. This is a way of trying to get it back. Ready or not, more of our clients and even yourselves, buy through the web. When was the last time you bought? something through the web? We need to be there.

There was also a great cocktail party with Company representatives and other Agents from around the State. Great way to Network. During a meet and great time, you could speak to different Company rep’s even if you did not have them to see what is going on. Again a great way to connect with the Industry. We also did see our Representatives and mainly spoke to them on Coastal issues, Certificates of Insurance and Health exchange issues. Our discussions did go into detail with our Representatives. We met with at least 6 Representatives. Overall, this was a great event. The worse thing that can happen if you go, is that you are learning what is going on in our Industry. Why not go next year.

See you there.

John V. Stype, CIC

L Day A Big Success

By Joe Gundermann

On January 31st over 100 Insurance agents from around NY State met in Albany for the 42nd L Day. We also had a great turn out from our Suffolk Country Board with the following in attendance – President Earl Eaton, Russ Vollmer, George Brooks, Don Hester, Robert Hester, John Stype, Jim Sutton, David Borg Jr, Paulette Katz, Joanne Bentivegna, Aaron Stein, Tom Crowley and myself. During the day Suffolk and TriCounty agents met with many of our local elected officials and discussed important issues concerning our industry: 1.Health Care Reform – We urged the passage of the Governor’s budget proposal S.6256/A.9056 that provides for the formation of insurance exchanges in NY and provides a role for insurance producers. We discussed amending the medical loss ratio to exclude producer compensation, so that we will be allowed to get paid for our services.

2.Certificates of Insurance – We requested legislation that would make it unlawful for any person to request that a producer issue an altered certificate and require that all certificates of insurance forms be approved by the Insurance Department. IIABNY is working with Assemblyman Morelle (A. 6925) and Senator Seward (S.4425) to craft legislation to make this unlawful.

3.Costal Insurance – We discussed standardizing windstorm deductible triggers and definitions of such triggers. IIABNY is working with Assemblyman Heastie (A.3283) and Senator LaValle (S.3387) to craft legislation.

I would encourage every agent that did not attend L Day to speak with their local representatives about these issues.

Joe Gundermann

Board of Directors VICE PRESIDENT

TREASURER

SECRETARY

DAVID M. BORG, CPCU, CIC, ARA, CRM david@borgborg.com

PAULETTE KATZ,

John V. Stype, CIC

IMMEDIATE PAST PRESIDENT RUSS VOLLMER

CIC insurance@cunningh

jstype@nsainsure.com

russ@vollmerins.com

amagency.com

Directors JOANNE BENTIVEGNA, CIC, CRM joanne.bentivegna@peoples.com

ERIC KEIFFERT, CPCU ekeiffert@hometowninsurance.com

DAVID H. BORG, CISR dhborg@borgborg.com

Michael J. Romeo ll, CIC mjromeo@industrialcoverage.com

RICHARD DE LA SOTA, CPCU rdelasota@mrwgroup.com

AARON STEIN, CPCU, CFP aaron@nortonsiegel.com

JOSEPH A. GUNDERMANN, AAI jgundermann@gundermann.com

Publication Staff EDITOR: Don Hester PRODUCER: Aaron Stein NEWSLETTER COMMITTEE: Aaron Stein, Joanne Bentivegna, David H. Borg, Pat Calvert Eric Keiffert and Jeanne Abatelli.

AD SALES/SPONSORSHIPS: Jeanne Abatelli - injeanious1@verizon.net

IIABNY Regional Director Report

By Jim Sutton, Regional Director IIABNY held its most recent board of directors meeting in Albany on Monday January 30, 2012. In no particular order, some key issues discussed by the Board were Workers Compensation Self Insured Trusts, IIABA’s new Digital Marketing Program called Project CAP, IIABNY’s Regulation 194 Appeal, and IIABNY’s Legislative Day.

I will focus my report on the items mentioned and give a brief synopsis of what was discussed. For more information please visit www.iiabny.org or email me at jsutton@suttonins.com. This column just does not allow enough space for full discussions of these issues.

Workers Compensation Self Insured Trust members are still facing significant fallout from the CRM Trust bankruptcy. In 2011, Governor Cuomo and the NYS Legislature passed measures designed to contain the nearly $1 Billion in claims that are unfunded as a result of this bankruptcy. Healthy trusts were forced to surrender their surplus as part of their “guarantee” commitments to the system. In short, all self insured trust members who were involved with healthy or unhealthy trusts are still responsible for losses sustained within the self insured trust system for these claimants who were insured with CRM Holdings. Currently, as a result of the new law, there are financial distinctions between businesses who were in healthy trusts and those that were in failed trusts. I would recommend all brokers seek information from the Trusts in which they had placed their clients and ask how this situation will impact them. Additionally, the Workers Compensation Board has a website discussing the new law http://www.wcb.state.ny.us/content/main/ SelfInsureds/Finalconferencecallscript.isp.

Exciting news regarding digital marketing was unveiled in Albany at the Legislative Conference. IIABA has come up with a comprehensive new plan called Project CAP (Consumer Agent Portal) that will allow you to compete on the

internet with the likes of Geico and Progressive. More than 70% of consumers begin their search for Insurance on the internet. Although most do not buy this way, they are seeking information on what products and pricing are available to them.

This program is designed to bring your agency into the Information/Internet age.

Because of its design and the number of hits the program will generate in your geographic area, your agency’s visibility will rise when someone is looking for Auto, Home and Life Insurance. There are various cost levels and programs available. For more information please go to IIABNY’s website at www.iiabny.org and look for Project Cap. It looked very interesting to me as a way of bringing new business to your agency.

IIABNY’s Appeal of the lower court’s decision to allow the New York State Department of Financial Services Producer Compensation Disclosure regulation to stand continues. Oral arguments were presented by Jim Keidel of Keidel, Weldon

and Cunningham LLP on January 10th, 2012 before the New York State Supreme Court Appellate Division in Albany, NY. Jim was given 10 minutes (normal amount of time) to outline his written appeal before the 5 judge panel. Jim felt it went well and we are awaiting the decision and should hear something over the next several weeks. Let’s hope for the best. The regulation does little to help the consumer and presents us with additional work and unnecessary record keeping. A true waste of your time and money.Our annual IIABNY Legislative Day was held the following day on January 31st and I have been told others will be bringing you news on what happened. My two cents is to simply thank all those agents who took the time to come to Albany and remind our legislative representatives what we believe to be important and in the best interest of consumers and our industry. If you have not attended IIABNY’s Legislative conference you are doing yourself a disservice because while you do lose some office time you miss out on so much. You’ll learn what is happening in the industry, have a chance to talk to your legislators about issues that are important to you, learn about new programs and products, listen to dynamic speakers, meet insurance company representatives at the cocktail party and dinner and meet other Insurance agent professionals from all over New York State. Consider marking your calendar for next year. It was a very well run event.

People often ask me where I find the time to attend to my duties as Regional Director. Do not get me wrong there is a time commitment that does take you away from business and personal pursuits. However, I do think I get more out of this than I actually give in the way of time because of the insights I get into our industry, the chance to voice concerns and issues, the friends that you make along the way and the knowledge that you are giving something back and trying to make our great industry better.

I urge all of you to give it a try. I look forward to seeing you!

Big “I” CE Classes on L.I. IIABNY SEMINAR CALENDAR – First half of 2012 in Suffolk and Nassau Counties (also Queens, Kings & NYC)

********

The following seminars will be held at Belfor Restoration in Ronkonkoma, NY unless noted otherwise.

3/16/12 3/21/12 3/21/12 3/28/12 5/22/12 6/06/12

Managing HR & Ins. Risk…………………………….…..(full day) Insurance Licensing & Regulation.…………………...…(half day-AM) (Essentials for CSRs) Business Writing…….................... (half day-PM) AIS-25 (AIS Desig.Class) Delivering Ins. Services……. (full day) E&O LIVE ………………………Hauppauge Hyatt.....(half day AM) E&O Video ………………Suffolk Coop. Extension…. (half day AM) The following seminars will be held at Four Points Sheraton in Plainview(Pl) or LaQuinta Inn & Suites in Garden City (GC).

2/14/12 3/07/12 3/15/12 3/22/12 3/22/12 3/27/12 3/29/12 4/18/12 4/20/12 4/24/12 5/01/12 5/30/12 6/08/12 6/06/12

Personal Insurance (AAI-81-B)……………………….Pl (full day) Commercial Auto (ACSR Mod 8)…………………….Pl (full day) Managing HR & Ins. Risk…………………………….GC (full day) Insurance Licensing & Regulation..……………….....GC (1/2 day-AM) (Essentials for CSRs) Business Writing…….................GC (1/2 day-PM) Personal Lines Related (ACSR Mod 3)…………..….Pl (full day) AIS-25 (AIS Desig.Class) Delivering Ins. Services…..GC (full day) Commercial Lines Related (ACSR Mod 9)…………..Pl (full day) NYAIP Producer Procedures……................................Pl (half day-AM) 10 Hot Coverage Issues………………………………..Pl (half day-AM) Commercial Property (AAI-81-C)……………………Pl (full day) Principles of Insurance (AAI-81-A)…………………..Pl (full day) NYAIP Producer Procedures……................................Pl (half day-AM) E&O Video*……………………….......NYIT,Westbury (half day-AM)

Big “I” Classes con’t The following seminars will be held at the Adria Ramada, Bayside, NY 3/09/12 NYAIP Producer Procedures……………………(half day-am) 6/23/12 (Sat.) NYAIP Producer Procedures……………………(half day-am) The following seminar will be held at the Best Western, Brooklyn, NY 5/18/12 NYAIP Producer Procedures……………………(half day-am) The following seminar will be held at Swiss Re in NYC (location TBA) 5/23/12 E&O LIVE ……………………………………....(half day-am) 6/06/12 E&O Video ……………………………………….(half day-am) For a complete schedule and registration form, log on to www.iiaany.org. Go to the ‘Education’ link and click ‘Ed Calendar. For more information, call IIABNY’s Education Department at 1-800-962-7950.

Note your calendar now to attend this special event.

It’s our biggest and most elegant affair of the year! ********************************** The IIABSC Installation Dinner will be held on Wednesday, May 23, 2012 at the beautiful Harbor Club 95 New York Avenue Huntington, NY Watch for your invitation early April.

For event details, contact Pat Calvert 516-621-2209 or email calvertpc@aol.com For registration and sponsorship information, contact Jeanne Abatelli 516-681-6265 or email Injeanious1@mac.com

the Editor’s Feedback

by Don J. Hester A LITTLE FLIGHT of FANTASY

Editor

Don Hester nnn

There has been strong interest in Albany to enact a law similar to that established in a neighboring state, which was written into law there in 2007. The law requires all Insurance Companies providing boat insurance liability, BI or PI to estimate all BI claim settlement costs and deposit that estimated amount with their ALFORME state agency. This agency is the equivalent of our NYPIUA. They actually pay the loss.

If the first estimate of the loss is less than the final settlement, the Carrier must pay the difference to ALFORME.

If the original estimate was too high, no further action is needed by the carrier since ALFORME absorbs the Excess payment. For any boat owner with a deductible on their liability ,they too must deposit the full amount of the deductible with ALFORME at the time of loss. This deductible is fully absorbed.

Small boat owners are not overly bothered but large commercial boats with 5 and 10 thousand dollar deductibles are very upset

One of the few complaints about ALFORME that reached resolution was based on their initial refusal to release any financial report about what they

the Editor’s Feedback con’t did with the monies deposited until last year, when a legislative mandate was made requiring data release. During the recent L day discussions I found that neither the Governor nor the Legislature had any problems with adopting this law in NY and in fact .and strongly endorse its passage.

I started this article titling it a flight of fantasy. Sadly the fantasy is truth. You say a business friendly legislature wouldn’t enact such a bill? Surprise. It exists. It doesn’t apply to boat liability .It applies to workers comp claims for permanent partial disability claims. The moneys go, not to ALFORME, but to none other than our State Insurance Fund. Large businesses like Hospitals with large deductibles pay up front too. The Aggregate Trust Fund law of 2007 was tempered in 2011 when the State Fund was forced to disclose the financial s involved.

Do I have any other fantasies? How about a bunch of lawyers elected to public office passing a law that eliminates absolute liability for contractors and building owners for workers Comp claims. NY labor law #240(1) stands as mute testimony to their concern about the business climate in NY compared to the law professions ease of doing business. I also object to the silly rules that require us to document to all customer that we do get paid a commission and too keep records of all quotes and coverage’s offered for three years. Why? Because no one wants it or has asked for it.

Perhaps we need to reflect instead on how satisfying it will be at the end of the three years to dump all those needless records. I wonder if we need to consider dumping other things as well when their usefulness ends. If it ain’t broke don’t fix it and, in this throw away world, if it’s broke, throw it out and get a new one. Another fantasy?

February 2, 2012 The Honorable Andrew M. Cuomo Governor of New York State NYS Capitol Building Albany, NY 12224

Dear Governor Cuomo, I am an insurance agent from Long Island, NY and I currently serve as the Chair Elect of the Independent Insurance Agents and Brokers of New York. On Tuesday January 31st approximately 200 insurance agents from across the State of New York gathered in Albany and spent the day meeting with our legislators on issues of concern from both the consumer and the agent/broker perspective.

It was a positive experience that we hope leads to fruitful discussions and legislative efforts to try and remedy some of the insurance issues our State is faced with. A quick recap of the issues we discussed include the following: • • • • • •

Homeowner’s insurance availability and affordability (the Coastal issue) Certificates of insurance Health insurance reform Producer compensation disclosure New York State Insurance Fund reform Labor Law reform

Rather than recap these issues here I would encourage you to ask your staff to reach out to IIABNY and request information on any or all of these topics. In addition I would also encourage you to always think of IIABNY as a resource on insurance issues.

One issue we did not discuss this past week but that I feel is looming as a significant crisis in our State is the WC Trust debacle and the nearly One Billion dollar deficit currently being projected. There is absolutely no question this situation needs your intervention. With over 32,000 businesses insured at one time in WC Trusts and 400 of the largest businesses in NYS having been in Trusts or Self Insured, and a projected One Billion dollar deficit as of today, this is an issue that could seriously decimate the business climate in our State for years to come.

MARAN CORPORATE RISK ASSOCIATES 300 HAMPTON RD, SOUTHAMPTON, NY 11968

T: +631.283.8000 F: +631.287.2207

E: INFO@MCRAINSURANCE.COM W: WWW.MCRAINSURANCE.COM

Considering that less than 2 years ago the deficit was projected at 400 Million and today it is One Billion one has to wonder how high this deficit will be allowed to grow before proactive steps are taken to fix the problem. The problem to a large extent is that everyone seems to be afraid to take a position or propose a solution and as a result there is a lot of shuffling of papers being done without a true plan being enacted.

There is no question that the former Self Insured Trust members should be forced to contribute to the shortfall. It is also true that the oversight provided by the regulatory agency was poor and contributed to the current situation as well as some significant criminal transgressions committed by one former Trust in particular. How do we move this along and solve the growing deficit and not drive businesses out of New York State?

My suggestion is simple and certainly will not please everyone yet it contemplates the culpability of all parties and tries to spread the impact as much as possible.

Calculate the difference between what an insured paid to their Trust and what they would have paid at base rates with no discounts. Bill that insured for this liability over a reasonable pay back period in exchange for a complete and final release from Joint and Several Liability. Once all possible dollars are collected calculate the remaining shortfall and add a surcharge to all WC policies in the State of New York (including Self Insured entities). If assessments continue to be made against businesses with no offer of a release from Joint and Several it is ludicrous to believe the State will be able to collect sufficient dollars and if the next step is taken (stop work orders) tax dollars will be lost as businesses go bankrupt and flee the State.

I sincerely hope you will consider this proposition and look to work with the former Trust members and trade and advocacy groups to find a resolution to the problem that does not driver employers from our State and potentially destroy our WC system. I welcome dialogue and am available should you or your staff wish to discuss this issue.

Sincerely,

Thomas J. Crowley, CPCU, CRM, CIC Managing Partner Maran Corporate Risk Associates & Chair Elect Independent Insurance Agents and Broker of New York CC:

Michael Barrett-Barrett Associates

MARAN CORPORATE RISK ASSOCIATES 300 HAMPTON RD, SOUTHAMPTON, NY 11968

T: +631.283.8000 F: +631.287.2207

E: INFO@MCRAINSURANCE.COM W: WWW.MCRAINSURANCE.COM

IIABSC COMMITTEES 2011 – 2012

WE INVITE MEMBERS TO JOIN A COMMITTEE! Please Contact the committee chair or Pat Calvert for further information.

Audit Committee Budget & Finance Communications Committee

David H. Borg and John Stype.

Paulette Katz (Chair), Earl Eaton and Russ Vollmer.

Aaron Stein (Chair), Joanne Bentivegna, David H. Borg, Eric Keiffert and Jeanne Abatelli.

Sub-Committees

Downstate Representatives Scholarship

Public Relations Speakers Bureau Suffolk Big Eye Technology & Web site

Earl Eaton and Rich de la Sota.

Rich de la Sota (Chair)

Legislation/InsurPac

Joe Gundermann (Chair), John Stype, Tom Crowley, Don Hester and Jeff Rehm Coastal Task Force Legislative committee and Jim Sutton Meetings & Programs David M. Borg (Chair) + Communications Committee Meeting Reservations NextGen Disaster Preparedness Task Force Advertising & Sponsor Sales 2012 Golf Outing 2012 Installation

plus Jim Karras and Pat Calvert.

Jeanne Abatelli David H. Borg and Mickey Romeo (co-chairs) John Mulvey and Mike Romeo.

Jeanne Abatelli.

David M. Borg and Joe Gundermann (Co-chairs) Earl Eaton, David M. Borg, Jeanne Abatelli and Pat Calvert.

Product Index Call 800-962-7950 for more information Insurance for Your Clients - ext. 225 for RLI • ext. 232 for all other Unsupported Work Comp RLI Home Business Insurance Policy RLI Personal Umbrella Policy The following products are available via Big “I” Markets

Affluent Personal Lines Bonds Claims Adjuster E&O Commercial Builder’s Risk Commercial Package Policy Community Banks Event Liability Financial Services E&O Fine Dining Restaurant Package

Insurance for Your Agency - ext. 233

Flood and Excess Flood Insurance Program Habitational Markets Non Physicians Medical Malpractice Non-Standard Homeowners Outdoors Markets Personal Watercraft Private Company D&O & Crime Real Estate E&O Recreational Vehicles Restaurant Package (24-hour, bar/tavern family and fine dining) Stand Alone Boats and Yachts Technology Consultant E&O Travelers Wrap + Package

E&O TLC - ext. 247

Employee Benefits: AD&D, Group Life, Health, LTD Dental (Contributory and voluntary) Vision (Contributory and voluntary) Employment Practices Liability Insurance (EPLI) Errors & Omissions – Westport, Fireman’s Fund, Other Retirement Services

Audit Options • E&O TLC Agency Audit (all insureds) • Agency Shield Program (Swiss Re insureds only) Customized Training / Consulting E&O Loss Control Seminars Forms Reference Material

Business Resource Directory - ext. 232 ACORD Advantage

InsurBanc

Subscription for up-to-date, print-on-demand ACORD forms

A bank that specializes in servicing the insurance industry

AgentQuote.com

Leo Eisner Promotional Products

Web site development program

Promotional products

Agility Recovery Solutions

Ovation Payroll

Disaster recovery and business continuity solution

“Agent Friendly” Payroll provider solution

Big "I" Best Practices

StaplesLink

Benchmarking tools and data

Discounted office supply program

Caliper Profiles

Third Eye Technologies

Personality assessment and job matching tool

Provides back up and business continuity services

docStar

Trusted Premium Funding

Document management and paperless processing

Premium finance provider

Exam Simulator

Virtual Risk Consultant

P/C or Life/Accident & Health state exam simulations

Online sales and service resource

FedEx

WAHVE A cost-saving remote staffing solution for agents & brokers

Shipping savings program for Big “I” members

Hertz Car Rental Special savings and upgrades on car rentals from Hertz

Education - ext. 228 Approved Testing Center Designations: AAI, ACSR, AINS Ed Calendar Essentials for CSRs Tailored Training Virtual University Webinars & Web CE

News - ext. 226 “Ask Tim” vidcast E-newsletters: IIABNY Insider, in the Classroom, Member Benefits Update, Capitol Report, E&O Report IIABNY LIVE! weekly online show Social media (Facebook • LinkedIn • Twitter) The Situation Room

w w w.iiabny.org

7KH 1H[W *HQHUDWLRQ ,QVXUDQFH 3URIHVVLRQDOV Affiliated with IIABA Young Agents The IIABNY Next Generation Insurance Professionals (Next Gen) sponsors training, seminars, and conferences across the state.

Our members also have the opportunity to participate in national Big “I� Young Agents events.

Exciting & innovative sales and marketing training

Management skills that allow your career to grow

Valuable leadership development

Networking & social events with other professionals

0HPEHUVKLS 5HTXLUHPHQWV Next Gen is open to individuals under 40 years old or new to the insurance industry who are interested in becoming more innovative and effective salespeople, creating lasting business relationships, and joining the ranks of insurance industry leaders.

Membership is open to all individuals working in or supporting the Independent Agency System and actively developing a career in the insurance industry. It is not limited to agents only; it is open to any one involved in or supporting the insurance industry including all agency and company personnel.

Membership is Free! Join today by filling out the following form and returning it to: Kathy Lawler klawler@iiabny.org Fax: 888-432-0510

Monica Rayder mrayder@iiabny.org Fax: 888-432-0510

Name: _____________________________________________________ Agency: _________________________________________ Address: _____________________________________________________________________________________________________ Position: ___________________________________________________ Year Born: ________________________________________ E-mail: _____________________________________ Phone: ____________________________ Fax: __________________________

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L-Day - January 31st 2012

l-r Russ Vollmer, Joe Gundermann, Sen. Carl Marcellino, George Brooks, & Don Hester

Two Laws are Better than One for Work Comp Problems

by Theodore J. Ronca, Esq. Reprinted with Permission of www.LowerWC.com

For the employer, solving persistent problems in work comp is a matter, it is assumed, for the broker, the agent, the carrier or TPA, the WC Board or an attorney â&#x20AC;&#x201C; but never the employer. In recent decades, the problems have grown more complicated, due to additional laws such as OSHA and ADA.

Few people in work comp, however, are asked to be sufficiently involved in OSHA or ADA to have deep insight into the possibilities of coordinated action. Literally nothing has been written on the subject since it was assumed that such a subject did not exist.

I t comes as a surprise, therefore, that two pressing problems in work comp can be solved by using two federal laws which, at first, seem to have little direct interaction with work comp. The first problem is obtaining an early IME exam following an injury, the second is proper structure of and incentives in a return to work program following extensive lost time.

A comp carrier, or TPA, finds it difficult to impossible to have an independent medical exam of an injured worker take place in NY in less than four to six months from date of accident. The normal process of a comp claim does not automatically call for an early exam. Even if it did, Board rules and procedure, plus scheduling with a doctor, mean months of waiting.

However, if an employer could schedule an IME in the first week or so the entire course of the comp claim would be different.

Recently, attention was focused on a section of OSHA, 29 CFR 1904.5, which describes a wide variety of conditions which do not have to be reported on Form 300. But it requires a med exam, with prior med records, to decide if a reported condition is covered by the section. An employer, therefore, would be allowed to schedule a prompt

exam and request HIPAA releases for prior medical records. Furthermore, a carrier or TPA would NOT be permitted to schedule such an exam, since they cannot act outside the comp law.Similarly, prior to a trial return to work, an employer may schedule, under ADA, an exam to see if accommodations are necessary. Again, HIPAA releases can be required.

In both cases, the exam records and results are not part of the comp record. And the costs are not added to the comp claim, or the experience modifier. However, with proper procedure and use of a subpoena, the records may be released and used in the comp claim.

Why do such exams have a positive effect on comp claims? Why are they any different from an exam scheduled by a carrier or TPA? The answer lies in â&#x20AC;&#x153;employer involvementâ&#x20AC;?. Most workers are surprised, and troubled, to discover that the employer has a much smaller role in comp than they imagined. A carrier, usually unknown until an accident, is, and remains, a remote stranger who speaks in incomprehensible terms and is never seen.

After a workplace accident, the first question asked of a worker by the spouse is, “What did the employer do for you?” If the answer is, “Nothing”, morale plummets. If, on the other hand, the employer remains involved, even to the point of scheduling an exam, workers, and their families, are reassured. A worker, who is exaggerating, or falsifying, a report, also takes notice of such uncharacteristic concern by the employer and rethinks further efforts to overstate an injury.

OSHA and ADA are, however, just the tip of the iceberg in coordinating defense of claims. FMLA, short-term disability, SSDB and ERISA also have little explored features for defense.

The benefits, for the employer and employee, of imaginative coordination are impressive. Claims which formerly resulted in years of lost time can be limited to a few months. Unworthy claims can be substantially reduced - but only if the employer takes the trouble to be involved. This is one effort that cannot be delegated.

Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100. medsearch7@optonline.net

Our Workers Compensation Guide Book: www.wcmanual.com Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues. ©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

January 24th General Meeting

Program speakers Bill Schaake president of Group Coverage, Inc. and Tom Basacchi president of Basardo Insurance, flanked by Rich de la Sota and Earl Eaton (l) and David Borg on the right in this photo.

WINLI was well represented with a table of 9 members. (l-R standing) Ricki Oâ&#x20AC;&#x2122;Connor, Ellenita Mattera, Mary Jane Spano, Denese Thompson, Pat Palk, Irdrise Grill and (l-r seated) Jane Besser, Maria Thomas and Nina Kerner,

Jane Besser, President of WINLI

Earl Eaton, IIAB Suffolk County president opened the program.

The CPCU-LI Chapter members got together for this photo. (l-r standing) Rich de la Sota, Earl Eaton, Steven Flood, Steven Oâ&#x20AC;&#x2122;Donnell, Jan Kantrow, Joe Laimo, Jeff Schmitz and (l-r seated) Susan Daffara, James Hanna and David Borg.

Speakers Bill Schaake and Tom Basacchi with David Borg, Programs Chair Susan Daffara, CPCU-LI Chapter president.

Joanne Bentivegna, winner of the 50/50 drawing with Earl Eaton

WOMENâ&#x20AC;&#x2122;S INSURANCE NETWORK OF LONG ISLAND, INC. President Jane Leslie Besser

January 2, 2012

Vice President Maria Thomas

On March 21, 2012, the Womenâ&#x20AC;&#x2122;s Insurance Network of Long Island (WINLI) is having a Charity Auction. The event is being held at The Woodbury Country Club on Jericho Turnpike in Woodbury. This is our 17th Annual Auction. The proceeds are donated to the Nassau County Coalition Against Domestic Violence and the Long Island Special Olympics.

Treasurer Denese Thompson Recording Secretary Patricia Palk Member at Large Madonna Questel

We would appreciate your donation, whether an item or gift certificate, for us to auction. This very successful fundraiser promotes business and good community relations for the merchants who help us with donations.

Thank you for your help. Your donation is appreciated and will help to make our auction a continued success.

Please send your donation before March 10, 2012 to: WINLI c/o Maria Thomas 15 Dexter Court Hauppauge, NY 11788 Sincerely, Jane Leslie Besser, President

WOMEN’S INSURANCE NETWORK OF LONG ISLAND(WINLI)

ANNUAL CHARITY EVENT Casino * Chinese Auction * Silent Auction * Dancing Buffet Dinner and Open Bar

Wednesday, March 21, 2012 Time: 6 p.m. – 10 p.m.

Place: Woodbury Country Club Jericho Turnpike, Woodbury, NY Cost: $65 per person $600 table of 10 PROCEEDS WILL BE DONATED TO THE NASSAU COUNTY COALITION AGAINST DOMESTIC VIOLENCE AND THE LONG ISLAND SPECIAL OLYMPICS Reservation Form Name: _________________________________________________________ Agency/Company: ___________________________________________ No. of Attendees:_____________________________________________ ($65 per person; $600 table of 10) Amount enclosed: ____________________ Send check and reservation form to: WINLI c/o Denese Thompson 1022 Rochelle Court Uniondale, NY 11553 E-mail: Denese Thompson (denese.thompson@usi.biz)

Have You Hugged Your Underwriter Today?

By Art Leone, CPCU, AIS

You submit an application to a wholesaler for a Long-Term Care policy that appears to fit the guidelines and you are declined. You submit a General Liability application to one of your direct markets that you thought would never get through and it gets approved. You quote a Life Insurance applicant for a substandard rate and it gets approved as preferred (Okay, it does not happen that often but it does happen). What is going on here? Does the Underwriter have a grudge against your agency? Is the Underwriter flipping a coin? Having been both a producer and an underwriter, I would like to share with you some common sense reasons why Underwriting is not the perfectly predictable process that we all wish that it could be.

Reason #1 – “I tell ya, I get no respect!” Rodney Dangerfield

My career in insurance started as a Sales Representative for MetLife. I once submitted an application for Life Insurance that got approved at a substandard tier. I went back over the application: 31 year old married man who owned a home, had two small children, did not smoke, average height and weight, good job, good family medical history and in very good health. I called the Underwriter and he explained the higher rate: the applicant had two recent speeding tickets and, therefore, exhibiting “risky behavior.” After I picked my jaw up off the floor I told him that I did not agree with his decision and I reminded him that my prospect was applying for $100,000 of Term Life Insurance, not an auto policy. He did decide to reissue the policy without the surcharge. I could have just accepted the decision and try to explain that the higher premium was because of his driving record (I actually did try this, but the prospect was not buying it).

But the bottom line is I used bad judgment. I took a big chance coming down hard on the Underwriter because, well, he held the pen. He could have simply said “sorry, that is my decision.” Usually, it is not a good idea to upset the Underwriter (if you think that Underwriters have a bad memory then you will be corrected with your next submission.)

The best advice is to speak with the Underwriter as soon as possible and respectfully go

over the positive aspects of the risk. Give your respect to gain their respect. The key word here is “R-E-S-P-E-C-T.” More to follow about the R-word in reason #5.

Reason #2 – “Deceiver, dissembler

Your trousers are alight” (i.e. “Liar, liar pants on fire!”)

“The Liar” by William Blake 1810

Don’t Lie! Most Underwriters are very intuitive and naturally suspicious. When you get caught, and you will, it will mark you for a very long time. Getting back your credibility will take a long time and might be gone forever. As an insurance professional, I know that you don’t need to hear anymore on this subject.

Suggestion #3 – “All we want are the facts, ma’am.”

Detective Joe Friday TV series “Dragnet”

Give as much information as possible. Fill the application out completely - maybe even a little more than is required. Underwriters do not like mysteries. Applications with complete information are reviewed first. Underwriters want to review as many apps. as possible and favor the completed applications. For example, on a Health or Life application, be specific about any and all health conditions. List the medications, the dosage, the frequency, and when the applicant saw the doctor last. If you are meeting the application face to face give your opinion to the Underwriter about the applicant’s general appearance. Provide complete info. The first time. Underwriters will decline more applications based on what they don’t know vs. what you tell them. Every time they need to ask you questions, especially original questions on the application, they doubt more and more the value of approving the risk. Incidentally, don’t get discouraged if your prospect had a serious medical issue. If he had bypass surgery five years ago how is he doing now?

Did he lose the 50 pounds that led up to his health problem or did he gain 25 more? Is he walking three miles per day or is he eating bacon cheeseburgers every night? Your underwriter may, or may not, believe that all of this information is relevant or necessary: but ask the questions, supply the facts and you might be pleasantly surprised with the results.

Reason #4 – “Get it right the first time That’s the main thing” “Get it Right the First Time” Billy Joel song

Your first application with a new company is critical. Underwriters will give you unfavorable results based on what they don’t know. Call the Underwriter, (if he or she is already assigned) prior to submission, to discuss this very important risk. Discuss a questionable risk before you submit it to the Underwriter and highlight why you believe it should get approved. Pre underwriting the risk based on a conversation with the Underwriter can avoid a confrontation with the prospect (“I thought you said that I am a preferred rate!”) and a conflict with the Underwriter (“This is a preferred risk. What are you crazy?”) Ask as many relevant questions as possible of the prospect prior to both quoting and submitting for approval. Discussing the case right after you submit the risk should, ideally, make the Underwriter feel more comfortable with underwriting the application. Tread lightly with all of the above suggestions – you don’t want to appear like you are telling the Underwriter how to do his/her job. First impressions mean a lot. If your first application is a disaster, (i.e. missing information, inaccurate or unintelligible information, etc.) you might find yourself being assigned to either a “bad” Underwriter or a very tough Underwriter. Also, make it your business to understand the guidelines as thoroughly as possible – this tells the Underwriter that you care about what they do.

Suggestion #5 – “Who ceases to be a friend never was one.” Greek Proverb

I am not saying that you have to chat with your Underwriter on Facebook all weekend. But try to get to know the Underwriter/ Underwriters who are assigned to your agency. Be polite with them. If he/she is rude don’t try to give it back. Let’s face it: they hold the pen and perhaps he or she was just having a bad day. By the way, remember the Underwriter during the holidays with a card. Personally, as an Underwriter I did not accept gifts from agents because I did not want to compromise my objectivity. Of course, many Underwriters do not take such a principled position. I once received cash with my Christmas card. I called to thank the agent for the gift and respectfully explained that I was sending it back. I will let you be the judge of how you want to recognize your Underwriter. Most of the time their decisions make sense (although we might not like the

results). The truth is that the Underwriter does have feelings and sometimes, with a borderline risk they will decline it. Respect their position and make the case that you are trying very hard to give them quality business. For example, as an Underwriter I always liked it when an agent would call me to discuss a risk before submission. The effects of this personal exchange can mean a lot. It also demonstrates a level of respect that the Underwriter does not always feel. A good idea for faxed applications is to summarize the good aspects of the risk on the fax cover sheet. If the Underwriter has a questions about an application, no matter how irrelevant it may seem, answer it ASAP. Show the proper respect for the Underwriter. Remember, their job is to screen risk and to look for a reason to decline or to approve the policy rated or with an exclusion. Make the process as seamless as possible. Ultimately, respect their decisions. As a producer I never questioned a declined application because I wanted to show that I respected their judgment.

I am sure that you know some other reasons why insurance underwriting can be such a challenging process for both the Underwriter and your agency. The important point here is to look at all of your submissions from the point of view of the Underwriter and try to submit complete, honest quality submissions with a smile. With that said, I will leave you with these parting words from Lee Iacocca that may help you share mutual respect and trust with your Underwriters: “Talk to people in their own language. If you do it well, they’ll say, ‘God, he said exactly what I was thinking.’ And when they begin to respect you, they’ll follow you….”

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SUFFOLK Big Eye INDEPENDENT INSURANCE AGENTS & BROKERS OF SUFFOLK COUNTY

IIABSC 150 Dartmouth Dr. Hicksville, NY 11801

Contact Us: info@suffolkagents.com