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Kansas Insurance Agent & Broker July/Augus t 2 0 1 2

KAIA Management Conference

I’m celebrating our 100th year by planning for our next 100 years. Jason Bogart, CPCU, ARM, Vice President of Branch Operations Our future will be marked by the relationships we forge with you—the independent insurance agents who represent us. You’re the reason we’ll continue to investigate new market opportunities. Why we’ll develop competitive products. Why we’ll maximize the use of new technologies. Why we’ll emphasize ongoing professional development for our staff. By helping you profitably and efficiently grow your agency, EMC Insurance Companies will continue to serve you and your customers today and well into the future.

Wichita Branch: 800.223.0562 | Home Office: Des Moines, IA © Copyright Employers Mutual Casualty Company 2011 All rights reserved

TABLE OF CONTENTS July/August 2012


Vol. 17, No. 4 The bimonthly magazine of the Kansas Association of Insurance Agents EDITOR Rebecca Spriggs OFFICERS OF KAIA President Lee Hays | President Elect Tim Tyner |


Vice President/Treasurer Bob Wood | Secretary/Assistant Treasurer SueAnn Schultz | State National Director Greg Renn | Immediate Past President Mark Lowry |


BOARD OF DIRECTORS Zone I Director Jim Wilkinson | Zone II Director Rob Lessen | Zone III Director Lyle Davidson | Zone IV Director Lee Gleason | Zone V Director Lonny Claycamp | Zone VI Director Scott Strong | Director at Large Jim Runnebaum | Director at Large Ron Bolz | Director at Large Kristi Wilson | Director at Large Dusty Davis | YAC Chairperson Jo Erin Stuteville | K A I A P R O F E S S I O N A L S TA F F


16 Where’s the Fire 20 Trusted Choice Big I Junior Golf Tournament

Director of Communications | Rebecca Spriggs

Insurance Services Rep | Amanda Hanson

President’s Message 2 Industry Partner Programs 3 Agents Council For Technology 4 Commissioner’s Column 7 Young Agents Committee 8

23 OCSR of the Year

Technology Committee 11

Director of Agency Operations | Bob Harris Membership Services Rep | Deanna Dinwiddie

d e pa r t m e n t s

22 KAIA Awards

Executive Director | Kerri Spielman Vice President of Operations | Marcia Moore


12 COVER STORY KAIA Management Conference

24 Affordable Care Act

Trusted Choice Committee 10 Education Classes 30 Advertising Index 31 Kansas Filings of Interest 33

Insurance Services Team Leader | Lisa Parkhurst Public Relations Coordinator | Katie Hobson Accounting & Finance Assistant | Debby Cowan Insurance Services Rep | Kim Deever 815 SW Topeka Boulevard | Topeka, KS 66612 (785) 232-0561 | (800) 229-7048 w w w. k a i a . co m

POSTMASTER: Send address changes to Kansas Insurance Agent & Broker c/o the Kansas Association of Insurance Agents, 815 SW Topeka Blvd., Topeka, KS 66612. (785) 232-0561. Kansas Insurance Agent & Broker (ISSN#1069-1847) is published bimonthly by Agency Services Corporation of Kansas (ASCK) a subsidiary of the Kansas Association of Insurance Agents, 815 SW Topeka Blvd., Topeka, KS. (785) 232-0561. Periodicals postage paid at Topeka, KS 66612. The Kansas Association of Insurance Agents was formed September 1, 1992, through the combination of the Professional Insurance Agents of Kansas (PIAK) and the Independent Insurance Agents of Kansas (IIAK). The Association was formerly affiliated with the National Association of Professional Insurance Agents (PIA) and is currently affiliated with the Independent Insurance Agents and Brokers of America (IIABA).


Build Your Brand One Wish at a Time The Big question facing agents across the country, according to LEE HAYS, LUTC, CSA ACT’s Agencies of the Future workgroup is, “how do I demonKAIA President strate my agency’s value proposition?” The market is hardening albeit slowly, and with the healthcare changes and uncertainty with the Farm Bill, many agents are looking to diversify and recruit new clientele.


ve got two words for you: Trusted Choice®. I understand that many of you are still on the fence about co-branding. Perhaps you have signed the licensee agreement, but you haven’t actually taken the plunge into “living the brand.” Your brand is your story. How do you stand out from your competitors if consumers don’t connect that your value is in being an independent agency? With the IIABA’s Make-A-Wish campaign, and the consumer agent portal under construction through Project CAP, the timing for involvement is ripe. Last summer, Trusted Choice® raised $170,000 for Make-A-Wish Foundation and helped grant eleven children wishes with their social campaign to gain likes on their Facebook Page. This year, the campaign is designed to help build engagement on the page. For every post that is shared directly from www., Trusted Choice® will give $10 to Make-A-Wish, up to $150,000. The campaign will also serve as the launch of a year-long fundraising effort involving the Trusted Choice® “Chopper for Charity.” Recently, a Trusted Choice®-themed custom motorcycle designed by the renowned Orange County Choppers to raise money for MakeA-Wish was unveiled by Paul “Paul Sr.” Teutul, Sr., Orange County Choppers owner and “American Chopper” star. The bike will be on display at this year’s Larry Magill Rural & Small Agent’s Conference in Junction City, Jan. 29-31.


The combination of the two campaigns will not only generate more awareness of the independent insurance industry, but more importantly, they will highlight our value in being people-centric. Moreover, once construction is finished, the consumer agent portal will serve as the funnel for consumers to find independent insurance agents in their area. Project CAP is a marketing strategy to help independent insurance agents recapture the personal lines market share. IIABA members, or rather, Trusted Choice® agents have the advantage in that they will automatically be included in the portal, similarly to the way that they are included in the Trusted Choice® Find an Agent tool at The portal will help prospects narrow down their insurance needs and preferences, thereby creating rather solid leads for agencies involved in the portal. Of course it will be the agency’s responsibility to maintain their profile, just as it is with the current Find an Agent tool. The IIABA is providing strategic opportunity for independent agencies to position themselves in the market place as the best way to purchase insurance. Make sure you are part of the game. Get involved now by signing the Trusted Choice® licensee agreement and begin co-branding your agency with Trusted Choice® today.



2012 Industry Partnership Program The Industry Partnership Program was initiated by the KAIA Board of Directors to give company partners greater recognition and more options in a single annual sponsorship. Our tiered program allows partners to decide which level of sponsorship is most appropriate. This one-time solicitation allows maximum exposure to the KAIA membership throughout the entire year at our most popular events. This year’s revamped program offers many benefits that were not included before: paid membership dues, priority selection of booth placement at the Rural & Small Conference, special recognition on the online event registration pages and event/ education registration packets.





Accident Fund Insurance Company of America and United Heartland

Allied Insurance America First Insurance Columbia Insurance Group Continental Western Farmers Alliance Kansas Mutual Insurance Company

ACUITY Allstate Insurance AMERISAFE ARMTech Insurance Auto-Owners Insurance Bremen Farmers Mutual Insurance Company Buckeye Insurance Group Capital Premium Finance Marysville Mutual Insurance Company MetLife Mid-Continent Group M.J. Kelly Rain & Hail, LLC State Auto TAS Insurance Upland Mutual Insurance, Inc.

NSI/West Bend Mutual Progressive Insurance

KAIA NEW MEMBER American Heritage Agency, Inc Hays, KS




Agency Strategies to Send & Receive Personal Data Securely By Jeff yates


Agents are being increasingly asked by their E&O underwriters whether they encrypt their clients’ personal data when it is being transmitted. This article provides recommendations with regard to two major areas agencies need to address – secure email and securing their websites when personal data is requested. The article also discusses “encryption” and major types of “personal data” that are the subject of the various laws. Finally, the article outlines the type of resources that are available on the ACT website to help agencies address the email and website issues, as well as to develop and implement a comprehensive agency information security policy and program for their agency.

he Internet and mobility revolutions have enabled agents and their clients to live in an electronic world where the parties can work and communicate with each other from anywhere, opening up wonderful new opportunities for agen-


cies to reach out to new consumers and provide their clients with enhanced services and responsiveness. These developments, however, have multiplied the security risks that agencies must manage in order to protect their clients’ personal data.


It is no wonder then that E&O underwriters extending coverage for data breach to agencies increasingly are asking their applicants whether they encrypt or use other protective measures to safeguard this client personal data when it is being transmitted. This

article explores approaches agencies can take to protect personal data in transit and then references a number of resources to assist agencies.

Encryption A common question agents ask is: “what is encryption?” When you think of encryption consider those codes the military employs to keep conversations unintelligible to the enemy. You can find many definitions of encryption on the Internet, but I like this simple one from Microsoft: Encryption is a way to enhance the security of a message or file by scrambling the contents so that it can be read only by someone who has the right encryption key to unscramble it. For example, if you purchase something from a website, the information for the transaction (such as your address, phone number, and credit card number) is usually encrypted to help keep it safe. Use encryption when you want a strong level of protection for your information. Requiring a strong password to gain access to your system is an important security procedure, but it is not the same as encrypting the data within the system.

Personal Data What are the types of “personal data” that are most sensitive and need to be encrypted when transmitted? The definition of “personal data” can vary by state and is contained in the state data breach notification and privacy laws, as well as in various federal laws, such as HIPAA (PHI – Protected Health Information). Insurers, too, might employ various definitions of “personal data” in their policies, so it is incumbent upon the agency to be familiar with not only the specific laws but also the coverage definitions that apply to the agency. Note also that

the applicable state law is based upon the residency of the individual whose personal data is being protected, not the location of the agency. This is an important consideration for both agencies writing business in multiple states and agencies writing policies that cover individuals who reside in multiple states. With all of the above caveats, the most commonly mentioned types of non-public, individually identifiable “personal data” covered in the laws are those such as: social security numbers, driver’s license numbers and other government issued ids, debit and credit card numbers and pins, bank and financial account numbers, and protected health information (PHI under HIPAA). While often not mentioned in state laws, other particularly sensitive personal data that should be protected includes information commonly used for security verification (mother’s maiden name, date & place of birth, etc.) or sensitive insurance information (such as jewelry schedules). It is important for agencies to know what types of personal information they collect, where it is retained and who has access to it. They then need to decide whether they really need to keep this sensitive information. For example, many agencies no longer retain copies of bank checks and are careful only to pass along

credit card numbers to carriers, but not to retain them, so that they do not become subject to the comprehensive PCI (Payment Card Industry) compliance requirements. These agencies are also extremely careful to shred this personal data as soon as it is no longer needed. Further, if the agency decides it must keep particular sensitive personal data, it should limit access to it to only those employees who need to see it, to maximum extent possible. This is particularly true for Protected Health Information. Finally, the agency should continued on page 26 »






2012 Legislative Session The 2012 session of the Kansas Legislature saw the passage of four bills that the Kansas Insurance Department sought and approved, with five others shelved for future sessions. Following is a summary of the approved bills, along with their effective dates.


B 264 – Allowing trust companies as nominees for life insurance companies SB 264 amends K.S.A. 40-2b20 to allow life insurance companies to use trust companies to manage their investments. A similar bill, 2011 Law (SB 185) was passed last session; it allowed companies other than life companies to use trust companies to manage investments. SB 264 was enacted to extend the same opportunity to life insurance companies. Effective: Upon publication in the statute book (July 1, 2012). SB 266 – Risk-Based Capital (RBC) Requirements SB 266 changes the version of the National Association of Insurance Commissioners (NAIC) risked-based capital instructions applicable under Kansas law from those in effect on December 31, 2010, to those in effect on December 31, 2011 (K.S.A. 40-2c01). This effectively updates the RBC rules the department follows and aligns them with those most recently set by the NAIC. Effective: Upon publication in the statute book (July 1, 2012). HB 2486 – Changing the frequency of examinations for HMOs and Medicare provider organizations HB 2486 increases from 3 to 5 years the minimum time period within which the department must examine each HMO or Medicare provider (K.S.A. 40-3211). Other insurance companies

are examined a minimum of once every five years as well. Effective: Upon publication in the statute book (July 1, 2012). SB 273 – Fees for examination of insurance company SB 273 amends K.S.A. 40-223, which concerns the amount an insurance company or society must pay for outside consulting and data processing fees necessary to perform an examination. “Outside” refers to work contracted by the insurance department when additional support or expertise is needed to complete a financial condition examination. Under previous law, the amount a company had to pay for outside exam fees and expenses was capped at $25,000 per exam for all types of exams.

SANDY PRAEGER Kansas Insurance Commissioner

The amendment establishes a “small cap” and a “large cap” for the amount paid for outside exam fees and expenses, based on a scale of the gross premiums of the company. The amount paid can’t total more than $100,000. Effective: Upon publication in the statute book (July 1, 2012). Bills that KID sought but did not pass this session are listed below. Sub SB 71 – Insurance agents; additional lines; fingerprinting and criminal history records check requirements; HB 2485 – Requiring insurers to submit antifraud plan and affix warnings to all continued on page 32 »

General Liability, Automobile, Umbrella, Inland Marine, Surety and Surplus Lines




Mingle “old school” Selling From the day I started working in the agency my boss and I have had different ideas about how to sell insurance.


YAC Representative


y sales tactic would be internet, email, Google searches, etc.. His tactics included cold calling, telemarketing and mailings. “Oh my,” I thought. This should be interesting.

It was eight years ago that he and I had that conversation and it’s amazing how much we have learned from each other since then. My hesitation to pick up the phone has subsided and I think he’s capable of a Google search now. In our agency we’ve managed to mingle “old school” selling with Facebook and email. While no one method is better than another, it is definitely true that a young agent is more likely to text than call or email rather than send a letter in the mail. The beauty of these very different methods is that there are still plenty of customers to go around! There are still a large number of clients that want a phone call or mail in the mail box but on the flip side there is a growing number of clients that want mail in their INBOX, not their mailbox! To make the happy balance of young and… not so young, we can’t overlook the value of young


agents. The things a young agent brings to the table are new, exciting, and probably out of the box. The young agent’s ideas are not to defy the seasoned veteran but to compliment that style and build on marketing to a younger generation. Last month I had a realization. As I was listening to Katie Hobson of the KAIA talk about social media and all of these amazing ways to communicate with clients it hit me… I’ve never tweeted and still have no idea what QR stands for. I am now the “old school” agent listening to the me of eight years ago. I’m not sure if it’s a sign of how quickly technology changes or what, but suddenly I’m wondering how I can be considered a young agent!? Apparently the saying is true, time really does fly by.








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Kansas Association of Insurance Agents

United Heartland is the marketing name of United Wisconsin Insurance Company and is underwritten by the insurance companies of Accident Fund Holdings, Inc.




Pride & Producers “It is very often nothing but our own vanity that deceives us.” –Pride & Prejudice, Jane Austen



Wouldn’t it be great if you didn’t have to wait until events like Rural & Small to get in touch with a large group of other agents – if you could just reach out to mentors and colleagues at will with new ideas or questions about the best way to go about certain processes? What if it already exists? It is a truth universally acknowledged that a producer in want of a professional reputation should not be frequenting social clouds. Bogus. The number above that at first glance appears to be a misprint and is still plaguing your mind as to the relevance of its presence does serve a purpose. It represents the number of agents, brokers and other independent insurance industry representatives who are actively seeking perspective and answers through Insurance Journal’s Linked In Group. I can honestly say that I have never been in a situation in which I could speak liberally in front of fifteen thousand people and have them listen too. What is it that holds you back from taking advantage of your digital resources? Is it pride, or perhaps vanity? “Pride is a very common failing, I believe. By all that I have ever read, I am convinced that it is very common indeed, that human nature is particularly prone to it, and that there are very few of us who do not cherish a feeling of self-complacency on the score of some quality or other, real or


imaginary. Vanity and pride are different things, though the words are often used synonymously. A person may be proud without being vain. Pride relates to our opinion of ourselves, vanity to what we would have others think of us.” –Pride & Prejudice, Jane Austen Maybe connecting with clients through social spaces is not really your thing. Your rotary telephone could be all that you need to keep you in touch. Yet ignoring the digital tools at your disposal could be keeping your agency from excelling. The Trusted Choice® Pledge of Performance holds us to a commitment to quality service – a very broad term with major implications. Everything from efficient processing to competence, courtesy, security, communication, responsiveness, accessibility, etc., tie into quality service. What better way to improve these areas in your office than from the advice and experience of other agents? Unlike other social tools, Linked In is considered a business to business [B2B] platform. It is specifically designed to enable you to network better with colleagues and industry professionals. Think of it as an ongoing conference online. You can have discussions about relevant topics, post job-openings, find new talent, update colleagues about products and services, and effectively manage your brand.


JIM RUNNEBAUM Trusted Choice Committee Chair

Below are QRCs (Quick Read Codes) that link to some popular discussions among agents in various insurance Linked In groups. Check them out and start connecting today.



Storytelling = T Tales ales

With two kids, I have had to become a great storyteller. LYLE DAVIDSON There are the bedtime stories, the reenactment stories for Technology Committee Chair everyone just dying to know the latest adorable thing my kid has done, stories to explain why we do certain things the way we do them, and of course stories about why eating your vegetables really is a good idea.


hat’s your story? What makes your agency stand out from the direct writer in the office right next to yours? I was reading a blog post from Seth Godin this morning. He included a video interview he did in which he calls out marketers for becoming selfish in their approach to consumers. The hard truth is that “no one owes you their attention. No one owes you their business,” says Godin. Godin goes on to point out that we need to tell our story in such a way that the consumer is going to resonate with us. Sweet. How? Two years ago I attended Steve Anderson’s Agency Boot Camp. He shared a story about an agent in Cedartown, GA, with incredible online sales. Chris Beeler put together a simple website that highlighted the main interactions he wanted customers to have. At the top of every page, three buttons dominate the screen: Get An Auto Quote, Make A Payment, and Get Proof of Auto Insurance: As Low as $59 Down. The buttons even beep when you roll your cursor over them, drawing more attention to what the page wants from viewers. It’s not the most attractive site on the web; but it effectively opened up Beeler’s market and increased his sales astronomically. The good fortune only continued when he applied the same principles to his Facebook Page. He has 282 likes and all kinds of interactions. On May 4, a client left a post “Hey Chris, can you call me back about the house ins quote? Hope all is well!” Can you imagine? I was immediately captivated, so much so that I’ve modeled the functions of my own website after Beeler Insurance. I’m not big on the social media craze, but I’d kill for the kind of interaction he’s getting. How does he maintain that kind of synergy?

According to Godin, it’s in the way that Beeler is presenting his story. Beeler doesn’t toss out boring stats. He is constantly interacting with his community and then talking about it and applying insurance knowledge in applicable situations. He uses humor, photos, videos to entice his audience. Most importantly, he is honest. He shares how his knowledge drives in new clientele, and they acknowledge his service publicly. If you go to his website and click on reviews, you get pages and pages of praises to Beeler Insurance. Heck, I want to buy from him. It’s the relationships he is building that are continuing to bring in the business. You doubt whether digital tools can really bring in sales for small business owners? Beeler Insurance has three employees, only two of which are licensed. Of the two, Chris Beeler is the only one really producing according to his website. Cedartown’s population is under 9,500 people, yet it is Beeler’s website and Facebook Page that are driving traffic to his door, not an ad in the phonebook. If you aren’t connected yet, I would encourage you to start simply and pick one tool. In fact, you may even just want to start with a mobile site or mobile app. With more and more smartphones out all the time, you’re bound to get great exposure. If you have a website, choose a digital tool that will help you to build and strengthen relationships like a blog, or Facebook, or Twitter. Whatever you choose, stick with it, and be consistent. Most importantly, tell your story, and tell it honestly. Show people why they should pick your story. Want to get more help? Your Kansas Association of Insurance Agents has staff ready and willing to assist. Just email and a KAIA staff person will be happy to assist.



Leaders Inspiring Leaders October 3-5 Marriott Hotel Overland Park

Featuring a bonus Young Agents Track

Step out of the virtual world for a few days and into the #1 in-person networking event for leaders like you in the insurance industry.



This conference is specially tailored for Agency Owners and Principals with a special track for Young Agents.

Wednesday, October 3 10 a.m. Golf Tournament at Falcon Ridge Golf Club- 10:00 am Registration, 11:00 am Shotgun start (optional event)

11 - 5 p.m. Sam Bennett, E&O- Boxed lunch included (optional event) 6 - 7:30 p.m. Welcoming Reception at the Overland Park Marriott Hotel 7:30 p.m. Young Agents Dinner (Young Agents Only) Nikko Japanese Restaurant

Thursday, October 4 7:30 - 8:30 a.m. Breakfast 7:30 - 8:45 a.m. Private Breakfast with Coach Cliff Rovelto $250 donation to Insurpac required, call KAIA for a reservation, limited space.

9 - 9:50 a.m. Keynote Speaker, Coach Cliff Rovelto- Creating an Olympic Team 10-11:50 a.m. Management Breakout Jeff Lanza, Retired FBI Agent- Cyber Security, Identity Theft and Social Media: Staying Safe in a New Era of Communication

10-11:50 a.m.

Young Agent Breakout Bob Harris, Dir. of Agency Operations- Strategic Sales Training

noon - 1 p.m. Lunch 1:15 - 4 p.m. Management Breakout Tim Richardson, Author, Professional Speaker- Get Rich with Tim 1:15 - 4 p.m.

Young Agent Breakout Sam Bennett, The Harrison Agency- Living in the Dash

6 - 7 p.m. President’s Reception, all attendees are invited to honor incoming President Tim Tyner

7 - 10 p.m. Leadership Banquet- Leaders Inspiring Leaders, Featuring Officer Installation, Industry Awards and special guest speaker, Coach Bill Self

Friday, October 5 7:30 - 8:30 a.m. Breakfast 8:30 - 11 a.m. Eggs and Issues Panel Discussion CAP Leveling the Playing Field and Winning with the Big “I”

Management Breakouts


Agent Breakouts

Register Online at July/August 2012 :: KANSAS INSURANCE AGENT & BROKER


Featured Guest Speakers Bill Self Men’s Basketball Coach at the University of Kansas Bill Self is the head men’s basketball coach at the University of Kansas where he led the Jayhawks to the 2011-2012 NCAA tournament final and the 2007-2008 NCAA national championship. Since becoming head coach of the University of Kansas Men’s Basketball team in 2003, Bill Self has guided the Jayhawks to eight straight Big 12 championships and into the NCAA tournament nine straight seasons, including a national championship in 2008 and five trips to the regional finals or beyond. He owns an impressive 269-52 record at the school and a 476-157 overall career record. Self has sent 17 Kansas players to the NBA and has produced 25 Academic All-Big 12 selections. In March 2012 he received the Naismith Coach of the Year Award, the most prestigious national award presented annually to the top men’s college basketball coach.

“If you are not getting better, you are getting worse”- Coach Bill Self

Cliff Rovelto Director of Cross Country and Track & Field at Kansas State University K-State Head Coach Cliff Rovelto has established himself as one of the top coaches in not only the nation but the world when it comes to track and field. Under the direction of Coach Rovelto, the Kansas State track and field program has established itself as a force in America’s heartland and regularly challenges some of the more established collegiate programs in the nation. Rovelto begins his 21st season as the head coach at Kansas State and his 25th at the school overall. The steady progression of the K-State program culminated in 2001 with Rovelto being honored by his peers as the women’s outdoor National Coach of the Year by the U.S. Track Coaches Association. Cliff Rovelto is the personal coach of three Olympic high jumpers representing the United States. Two-time NCAA champion Erik Kynard, reigning world champion Jesse Williams, and the oldest American man to ever qualify for the Olympics in the high jump Jamie Nieto.

“The approach is the most important aspect in establishing a consistent and reliable technique” - Coach Cliff Revelto

Optional Events Golf Tournament, Falcon Ridge Golf Club (optional event) 10 am registration, 11 am shotgun start Enjoy 18 holes of golf, a boxed lunch and catch up with your fellow agents on a course that is known for its bent grass greens. Falcon Ridge Golf Club is nationally recognized as one of the best public golf courses in the Midwest.

E&O Class- E&O Class only registration is available, see registration form. (optional event) This class qualifies for 10% Westport premium credit for three years IF agency staff attendance requirements are met for this 6 Hour Seminar. Boxed lunch is included in the registration fee.

Private Breakfast with Coach Rovelto

Join Coach Rovelto at a private breakfast. Space is limited to the ten outstanding individuals who commit a $250 minimum donation to InsurPAC. Proceeds from InsurPAC are used to support elected legislators in the US Congress who share the philosophies of independent agents and brokers across the country. Call KAIA (800-2297048) to reserve your spot today and let your voice be heard.



Signature Events President’s Reception and Leadership Banquet Leaders Inspiring Leaders

This formal reception and banquet honors the leaders and most influental people in our industry and beyond. This elegant evening begins with a reception honoring incoming KAIA President Tim Tyner. This year the Leadership Banquet features a special guest speaker- KU Men’s Basketball Coach, Bill Self. Officer Installation, KAIA Past Presidents and Industry Awards along with a fabulous dinner round out this special evening. The President’s Reception and Leadership Banquet, are black tie optional- men wear a tuxedo or dark suit; women wear evening gowns or cocktail dresses.

Eggs and Issues Discussion CAP Leveling the Playing Field and Winning the Game with the Big “I” Join Big “I” Vice Chair, Tom Minkler, CIC and Marty Agather with Entrepreneurial Advantage to learn why Project CAP gives you a chance to win locally by competing nationally. In keeping with tradition, this session features a lively discussion of how today’s digital consumer is affecting the insurance industry. What’s in it for you? Our consumers have changed the game, now our playbook must also change.

Conference Speakers Jeff Lanza, Retired FBI Agent Cyber Security, Identity Theft and Social Media: Staying Safe in a New Era of Communication Jeff was an FBI Special Agent for over 20 years. He investigated corruption, fraud, organized crime, cyber crime, human trafficking and terrorism. He appears regularly on the Fox News Channel and has informed the public on other national programs including the Today Show, Good Morning America, Dateline and Larry King Live, among others.

Tim Richardson, Author, Certified Speaking Professional Get Rich with Tim Tim has worked with a number of insurance companies including American Family Life, Blue Cross/ Blue Shield, CUNA Mutual, CIGNA, Protective Life, Prudential, and State Farm Insurance, where he has presented over twenty-five times.

Sam Bennett, CIC, Harrison Agency Living in the Dash Sam is an active retail producer, presenter, and partner in Harrison Agency, Inc. of Columbia, MO. He has taught coursework for the National Alliance in their CISR program since 2000, has presented in their CIC program since 2004, and in 2009 became a National Faculty Member of the Society of CIC.

Bob Harris, AScK Director of Agency Operations Strategic Sales Training Bob began his insurance career over four decades ago in south Florida. He relocated to Kansas in 1986, and over the years he has gained valuable experience with national companies including Allstate, Hartford and CNA where he was responsible for the hiring, training, managing and development of a number of sales people. Bob is now the Director of Agency Operations for Agency Services Company of Kansas (AScK), a subsidiary of the Kansas Association of Insurance Agents.

Register Online at



“Where’s the fire?” By ED BARBOSA, JD, Assistant Vice President, Swiss Re

Avoiding E&O claims from fire losses Every fire loss claim covered by an insurance policy begins and sometimes ends with the agent who sold the policy. However, avoiding an E&O claim related to a fire loss begins and always ends with you understanding the process. Remember, the fire loss doesn’t start with the fire, it starts with the application.

I. Getting started -the application It has become increasingly common for carriers to attempt to avoid covering a loss when they determine that the risk as represented on the application is materially different from the actual risk insured.. In some states, the misrepresentation on the application does not even have to be related to the ultimate cause of loss for the carrier to deny the claim


and void the policy ab initio (back to the beginning). And if that happens, where’s the first place your customer will look to have that loss covered? Hint: go look in the mirror. Faced with an uncovered loss, the policyholder may begin to focus on the agent in an attempt to shift blame and recover any damages. Therefore, it is essential to submit accurate information on the application for insurance to avoid potential E&O liability.


After an uncovered loss occurs and the customer brings suit against the agent, typically they will testify that they gave the correct information to the agent who then incorrectly filled in the blanks on the application. The policyholder may go on to say he did not have a chance to review the information and relied on the agent to correctly complete the application.

Lesson One:

NEVER fill out an application for a customer. ALWAYS make sure THEY complete and sign the application themselves. Other claims arise when the policyholder alleges that he told the agent the correct information but the agent specifically advised that the information did not need to be disclosed on the application. These situations typically descend into a scenario where it is one person’s word against another.

Lesson Two: NEVER advise a customer that information should not be put on an application. When in doubt, write it down. Matters become worse if the customer testifies that even though the application is signed, it is not his signature and the customer did not authorize anyone to sign on his behalf. Agents are often tempted to complete an application with information received over the phone and they are given permission to sign the application on the customer’s behalf in order to save time. See Lesson One and Two. Don’t give into the temptation. After you receive the completed application from your customer, be sure to review it to ensure that all the questions and information have been completed and included. The agent should make sure the application includes accurate information regarding prior fires/claims (regardless of size), prior denials/cancellations and unusual fire hazards. You may not realize it, but unusual fire hazards can be encountered with the application for a homeowner’s policy where the applicant has a hobby or part time job that requires them to store large supplies of flammable

liquids. This is the type of risk a carrier will say they would not knowingly accept. Further, agents should include all known relevant information an underwriter would obviously want continued on page 18»


“I go the distance on my bike—just like my 30-year journey with J.M. Wilson. I lead a great team of managers and underwriters that work hard to help our agents be successful.”

Sandi Fritz, CIC Vice President, Underwriting and Branches—and fixture on the bike trail Connect with Sandi on LinkedIn!

PIA National 2011 MGA of the Year Property/Casualty t Professional Liability t Surety Commercial Transportation t Personal Lines t Premium Finance




to know, such as prior losses at other properties owned by the same individuals (even if technical ownership is by a different corporate entity).

II. Claim assistance Fires can be big news events for the local media and many times the agent becomes aware of a fire while it is still burning. Often a policyholder will call the agent from a fire scene wanting to know what to do and ask for assistance in reporting the claim. Problems can arise when the agent is asked if there is coverage for the fire loss and the agent responds without reviewing the policy.

Lesson Three: Never advise the policyholder what will or won’t be covered. While your first inclination is to tell them what you think, let the adjuster for the carrier give that infor-


mation. You can help them contact the carrier, but after the loss is reported, get out of the way. Without looking at that customer’s actual policy, an agent may assume fire coverage is in place and tell the policyholder not to worry. While many policies are identical, there is a chance that there is some special provision that could apply. In many instances there is no coverage for a number of reasons including the policy recently lapsed for non-payment of premium. In other instances the policyholder may have several locations covered under the policy but forgot to add the location that suffered the loss. Sometimes there are special requirements under a commercial policy that require the policyholder to take certain precautions to lower the fire risk such as having sprinklers in place or special fire alarms. If the policyholder has not complied with these requirements it may cause the claim to be denied. A significant problem arises when an agent assumes a legal duty he may not otherwise have by agreeing to notify the carrier of the fire. If the agent agrees to assume this duty, care must be taken to notify all of the customer’s potentially responsible carriers. Courts have held


that if an agent assumes a duty it must carry out that duty without negligence. After a fire is extinguished and all the fire fighters, trucks and equipment are gone, the policyholder can be very anxious to get the cleanup work started. The policyholder may ask the agent if he may proceed with the cleanup work. Although the cleanup seems to be a routine matter to the agent, this approval to start should come from the adjuster or carrier, and not from the agent. If the work is started because the agent told the policyholder to start but the carrier later denies the claim after investigating, the agent may be in a difficult situation. The policyholder will look to the agent for any costs associated with the cleanup if the carrier refuses to pay. The same holds true with repair work. Sometimes the policyholder, carrier and contractor point their fingers at the agent when the carrier refuses to cover the work entirely or says the expense is in excess of what the policy will allow. Let’s assume the agent tells the policyholder to start the repair work and the current building codes require additional work beyond just repair. The policy may exclude or limit

coverage for any work associated with the improvements to meet the current building codes. When the carrier denies this expense in whole or in part the contractor will look for payment from the policyholder. The policyholder in turn will look to the agent since he gave approval to proceed.

III. Paying the claimactual cash value vs. replacement cost After the fire and cleanup, then comes the task of paying the loss from the fire. In general, there are two methods to determine how much should be paid: Actual Cash Value vs. Replacement Cost. Simply stated, Actual Cash Value (ACV) is the actual value of the property at the time of the loss less depreciation. Replacement Cost (RC) is how much it would cost to replace the property if it were to be rebuilt just as if it had never been destroyed. There are many variables that can play into these amounts, but in most instances ACV is less than RC. The agents’ job is to make sure that at the time the policy is applied for, that the customer understands the difference and that they make the decision about which type of policy they want, so that if a loss occurs, they know exactly what they will receive. After the loss, the policyholder may ask how much they will be receiving for their property. Many times, in an effort to be helpful, an agent may tell them that “everything is covered”, and these words could come back to haunt them if everything isn’t covered.

It is the carrier’s duty to review the claim and determine how much is to be paid, not the agent’s. Lesson Four: Let the carrier discuss payment of the claim with the policyholder. You can be sympathetic with your customer, but after the loss only the carrier and their representatives can tell them how much they will receive. Hopefully, this has served as a refresher and reminded you that as the agent you must use due care when underwriting and responding to fire losses. That care starts with having your customer complete the application accurately and correctly. It continues through to claim reporting; but remember -adjusting the claim and all activities related to it should be done by the carrier or its adjuster – not the agent. While all of this may seem routine, it is not inconsequential and is sometimes overlooked during the rush of doing business. Oh, and one more thing: always remember to document, document, document. Because if you didn’t document it, it didn’t happen. *Ed Barbosa, JD, is an Assistant Vice President of Swiss Re/Westport, handling insurance agents errors and omissions claims. Prior to attending law school he was on the Kansas City, MO Fire Department for 10 years. After law school he practiced for 13 years and has been with Swiss Re for the last 8 years. This article is intended to be used for general informational purposes only and is not

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

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Wichita’s Sam Stevens took first place

in the boys’ division at this year’s Kansas Trusted Choice Big “I” Junior Classic Golf Tournament on Tuesday at Prairie Dunes Country Club in Hutchinson, KS. A record one hundred twenty-two junior golfers participated in the 2-day event. Stevens shot a 2-day score of 140, just three strokes ahead of second place, Seth Bryan of Winfield, KS, and just six strokes ahead of third place, Alex Springer of Olathe, KS. Haley Florey of Topeka, KS, shot a 155 to win the girls’ division, followed closely by Abigail Shaddix of Garden City, KS, who shot a 156. All five players have earned entries into the national tournament in Austin, TX, to be held August 7-10. Travel expenses and entry fees will be paid for by the Kansas Association of Insurance Agents. The Trusted Choice Big “I” National Championship is the nation’s largest junior stroke-play golf tournament and one of the premier junior golf events. The event, organized by the Independent Insurance Agents & Brokers of America (The Big “I”), attracts elite junior golfers from throughout the United States. The goal of the Big “I” is to provide the youth of America an opportunity to channel their energies into a positive experience, and to compete in a sportsmanlike atmosphere through an event that culminates in a true national championship.



Nominations are now being accepted for the prestigious KAIA Awards. For more information, go to the Management Conference section of our website: COMPANY REPRESE OF THE YE NATIVE AR 

Nominatio The Compan n Form y proponent of Person of the Year Aw ard is given KAIA and its to honor an industry as ag en cy me well as ass individual wh mbers, enha isted in pro o has been nced the open to all moting the a significan KAIA independent ideals and reputation t during the 20 company members. of the insura insurance ag The winner 12 Manage nce ency brand will be anno me nt . This award Co nfe unced at the rence, Octob rm is industry De t Fo ad Le n an er lin ad io fic 3-5 e ers for receipt at the Overl hip Banque so signi Nominat of nominatio and Park Ma t ard is al answers be made a ns is Septe rriott Hotel. low. who has industry. The aw s or her mber 1, 20 dividual hi e 12. Please rvice to e nor an in insuranc use addition ven to ho putation of the itting time and se announced at th gi is al d pages for an rk ar Awar e ideals and re by comm e winner will be e Overland Pa y th t of the Ye th Th example Candidate The Agen and/or enhanced s set a stellar ent members. , October 3-5 at Nominee Na Information ag me: ______ ce o ha ion ____ contribut an individual wh open to all KAIA ement Conferen _ ________ y ny an __________ for given to . This award is Full address 12 Manag riott Hotel. __ _____ l pages _ ________ ity g the 20 : ________ Mar additiona __________ ____ commun uet durin _________ se use __________ ip Banq __________ 12. Plea ____ Phone: ____ Leadersh _________ ber 1, 20 em __________ __ pt __ __________ __________ ns is Se io __ at __ in __ __________ __ _________ of nom t Ag ip Em en ce cy ail : ________ : __ _ ________ _ __ __ __ e for re __________ __________ rmation Deadlin . ________ _ ________ __ __________ ate Info s below ________ __________ Candid ___ City/ST/Zip: answer ___ __ ________ __ __________ _ __ __________ __ ________ __________ ______ ____ __ __ _ __ __ __ __ __ __ __________ __________ ____ ____ __ __ __ __ ___ __ Or __ _ __ __ ga __ __ nizations/o __ __ __ __ ____ ____ _ __ __________ __ __ __ __ __ __ __ __ ffic __ __ es __ __ held: ____ __________ ________ ____ ________ __________ Name: __ _________ ________ ________ __ __________ __________ __ Nominee __ __ __ _ __ __ __________ __________ __ __ ____ ____ __________ ________ Email: __ _________ ________ __________ ess: __ __________ ________ ________ __________ _ _________ Full addr ________ ________ __ __ __ __ __ __ __ __ __ __ Nom __ __ __ __ __ ________ ination Form __________ __ __ ____ _________ The Distinguish __________ ________ ________ ________ __________ ed Service Aw ____ ________ __________ Phone: ________ _________ ard is given to call of duty to __________ __________ ________ _____ ________ __ __ hon __ pro __ or __ mo __ an __ __ __ te, __ indi __ __ assist and/or par __________ _________ vidual who has ____ ______ enhancing ass : ______ __________ ________ tner with KAIAc gone above and ________ ociation memb ________ Agency _________ A by hievolu beyond the veme _ ntent( __ ership or operati ________ company memb erin __ _ __________ __ s)g,inadv ________ __ __ __ buoca sin ting __behalf ons. This awa ers. The winner ________ __________ ______ ________ ______of__ rd is open to all ess:on will be announ __________ Zip: ____ ________ _or Management __________ ________ __ __ KAI ced __ __ A City/ST/ __ __ at age __ the __ __ Con nt __________ Lea ______ and _ ference, Octobe __ __ ship ld: __ __ ______ ____ __ Ban __ __ __________ quet __ ____ r 3-5 at the Ove der dur ffices he ing ______ ________ ___ __________ __the 201 Deadline for rland Park Ma __ ations/o ________ ________ receipt of nom _____ rriott Hotel. ______2___________ __________ Organiz __ ________ inations is Sep __ ________ __ ans __ __ __ __________ __ _________ tember 1, 201 ________ wers below. ________ ________ __ __ __ __ __________ __ __ __ __ _ __ 2. __ __ __ __ Ple __________ __ ase use additio __________ ____ ______ __ __ __ __ __ nal __ __ ________ __ _ __ pag __ __ __________ __________ es for any ____ ______ ___ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __________ ____ ____ _________ ____ ________ __________ Candidate Info __________ ________ ________ __ ________ _________ rmation ________ _ inee Nam ________ Nom __ __ __ ___  __ __________ __ __ __ e: _________ ________ __ ________ __ __________ ____________ ________ ________ ________ __ 1 1 ________ __ __ ___ __ ___ __ __ ________ ___ ____________ ____ : ____ Ful __l address: __ ss __ __ ne ___ __ si __ ___ __ ____________ Bu ____________ ____ ______ ____________ ______ ent(s) in ________ ________ ____________ Achievem ________ ________ ____________ ____ne: _________ ____________ ____Pho ________ ________ ____________ ________ ________ ________ ________ ____________ __ __ __ __ __ __ __ __ __ _ Email: ______ __ ______ ______ _ : ___ __ Age __ __ ____________ ncy __ __ __ __ ____________ ________ ________ __ __ ____________ __ ____________ ______ ________ ________ ___ ____________ ________ ________ ________ ____________ City/ST/Zip: ___ ________ ________ __ __ ____________ __ __ ___ __ __ ____________ __________ ____ ______ __ __ ___ __ ___ __ __ ___ __ ____________ ____ ______ ____________ Organization 1 ________ s/offices held: ____________ ____________ _______ ________ ____________ ________ ____________ ____________ ____________ ____________ _________ ____________ ____________ ____________ ____________  ____________ ____________ ________ ____________ ____________ ____________ ____________ ____________ ____________ ________ ____________ ____________ ___ Achievement ____________ (s) in business: ____________ ____________ _____ ____________ ____________ ____________ ____________ ____________ _______ ____________ ____________ ____________ ____________ ____________ ____________ ________ ____________ ____________ ____________ ____________ ____________ ____________ ________ ____________ ____________ ____________ ____________  ________ 1





Congratulations to

Jackie Honomichl

with Cretcher Heartland

The National Alliance for Insurance Education & Research is proud to announce the state winners of the 2012 Outstanding CSR of the Year Award. Regarded as the foremost national award of its kind, the award recognizes the contributions and commitment of those who serve clients within the insurance industry. To qualify for the top state honor, the 2012 candidates submitted an essay on the following topic: “Given the emphasis that many of your Commercial Lines and Personal Lines clients place on price, identify and explain four (4) important actions your companies have taken, or could take, to help you and your agency become more competitive.” Additionally, entrants demonstrated commendable service to their agencies, their industry, and their community. The only eligibility requirement for this award is that the candidate must be an insurance customer service representative, or have primary responsibility for insurance customer service duties. Each state winner receives a framed certificate and is eligible to compete for the national honor, which carries a $2,000 cash award, a gold and diamond pin, $1,000 cash award for the nominator, and a scholarship for the recipient’s employer to any program offered by The National Alliance. Additionally, the name of the National Outstanding CSR of the Year is inscribed

on a sculpture permanently displayed at The National Alliance for Insurance Education & Research headquarters in Austin, Texas.

Outstanding Customer Service Representative of the Year AwardWining Essay By Jackie Honomichl, AINS, Account Manager, Cretcher Heartland “Given the emphasis that many of your Commercial Lines and Personal Lines clients place on price, identify and explain four (4) important actions your companies have taken, or could take to help you and your agency become more competitive”. There was a time when putting clients policies on a BOP (Business Office Policy) or a Package that would provide additional coverages without additional premium would satisfy what the insured wanted and needed, but in this competitive marketplace, whether it be a soft market or hard market, price seems to be the biggest key to what insureds look at when buying insurance. Oh sure, they look at coverage’s, but they still want the lowest price. Below are a few of the innovative things some carriers are offering. A lot of carriers are offering ease of doing business. You can go on

the internet and get any type of coverage quoted. It is not a price saving tool but it is time saving for the insurance buyer. One way to become more competitive and perhaps saving clients money would be for them to “One Stop Shop”. Writing all coverage’s with one carrier can provide credits for various lines of coverage written by one carrier. An insured can get a multi-line discount or a multi-car discount. This type of credit is geared more to personal line carriers but there are a few Commercial carriers that allow a multi-line credit. Savings can be substantial when Homeowners and personal autos are written with the same carrier. Being competitive is not just price but could include pay plan options that helps the insured with cash flow. You’re going to see this type of offer with Workers Compensation policies. An insured who has a seasonal business, for example, a nursery or a trucker, could benefit from a “Pay as You Go” pay plan. During the winter months these businesses tend to not be as busy as in the summertime. This affects their cash flow and makes it difficult for them to pay premiums throughout the policy term. This type of pay plan allows insured to pay premiums continued on page 32»



The Affordable Care Act A By JERRY RHINEHART, CIC, CLU, ChFC, RHU

On June 28th, the U.S. Supreme Court ruled the Affordable Care Act (ACA) as “constitutional” and it will be implemented as written – unless there is future legislative action that changes, or resends the law. The court did¬ rule on a change of course for some provisions (primarily the expansion of Medicaid and the role the states will play) but the key components of the ACA remains intact. The major provisions of the law will be effective in 2014. Everyone – with minor exceptions – will be required to be covered by a Qualified Health Plan (QHP) in 2014. Most of us will continue to be insured by an employer-sponsored plan. The premiums paid by the employer will continue to be tax deductible, and, those employer-paid premiums will continue to be “not reported” to the employees.

How will the law affect you, your family, your employer, employers you know - or maybe you insure? First, several noteworthy provisions have already been implemented: 1) Pre-Existing Conditions: All group and individual health plans, including self-insured plans, now have to cover pre-existing conditions for children – up to age 19. Starting in 2014, insurance companies cannot deny coverage to anyone with a pre-existing condition. 2) Prohibition of Coverage Limits: No carrier may impose a Lifetime Limit for any fully insured group, self-insured group, nor individual plan. Annual limits will be allowed until January 1, 2014, but only on non-essential benefits, and after that there will be no annual policy cap. (Note: “non-essential benefits” should be fully defined by late 2012.) The minimum mandated “annual limit” that every plan must provide in


2012 is $1.25 million in coverage. Note that a number of businesses (almost 1,500) did receive a “waiver” to this “annual limit” rule and can currently provide coverage with less than this limit. In 2014, the waivers go away and everyone that purchases or that is provided a QHP will have no dollar cap on coverage. 3) Dependent Coverage to age 26: All plans will now have to cover dependents up to age 26. Yes, this includes adult children that no longer attending college, those not living with their parents, and even those adult children who are married (if married, this provision does not extend to the spouse or any children of the adult child). This provision only applies to plans that already offer dependent coverage and election to this provision does have some exceptions.


4) Certain mandated preventive care services with no cost sharing: All group and individual health plans, including self-insured plans, will have to cover specific preventive care services with no cost sharing. They will also have to cover emergency services at the in-network level regardless of provider. There are several key provisions that are scheduled in future years: 1) (2013) Increased Medicare Tax on High-Income Individuals: Raises the Medicare Part A (Hospital Insurance) on wages by 0.9% on earnings over $200,000 for individual taxpayers and $250,000 for married couples filing jointly. There would also be a 3.8% assessment on “unearned income” for these high-income taxpayers. The law defines “unearned income” as interest, dividends, capital gains, annuities, royalties, and rents. Tax-exempt interest won’t be included, nor will income from qualified retirement accounts.

2) (2013) Contributions to a Flexible Spending Account (FSA) for medical expenses will be limited to $2,500 per year, increasing annually by the cost of living. 3) (2014) A QHP will be Required to be Carried by all U.S Citizens and legal residents. Exceptions do apply. There would be a phased-in tax penalty for those without coverage, starting at the greater of $95 annually or 1% of gross income, in 2014, and rising to the greater of $695 annually or 2.5% of gross income in 2016. 4) (2014) Potential Penalties on Employers with 50 or more full-time workers (defined as a “Large Employer”) that DO NOT provide a QHP to its employees. The penalty would equal $2,000 per worker, although the first 30 workers would not be counted. The penalty would only be accessed if ANY full-time employee (defined as working 30 or more hours per week) receives a federal subsidy to purchase a QHP. The subsidy is available if the income (individual or family) is below a certain federal poverty level - currently about $89,000 annually for a family of four. The QHP must be purchased through the state’s Health Insurance Exchange for the applicant to receive the premium subsidy. The definition goes farther to include the possibility of a penalty to a “Large Employer” even

if they DO provide a QHP. This potential penalty would $3,000 for every full-time employee that receives a premium subsidy through the Exchange. The penalties, calculations, definitions and exception are very complicated with many variables to consider. The areas discussed above are a fraction of the law’s vast impact. In addition to individuals, families and business owners, the law will also greatly affect your state’s budget, health insurance companies, physicians, hospitals, and even nutritional content disclosure. Almost every aspect of daily life will have some brush with this law. There are numerous websites that can be helpful for additional information to understanding this complex law. A couple of very beneficial sites are: http:// and It is safe to say the debate regarding the ACA’s merits will be a heated topic in this fall’s presidential and congressional elections. Regardless of the law’s ultimate fate the landscape of health insurance for individuals, families, business owners and health care providers and payors has changed substantially and will continue to do so.

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AGENCY STRATEGIES continued from page 5

be careful to make sure that this personal data is kept off of PCs, mobile devices, thumb drives, where there is a significant risk of loss or theft.

PCs & Mobile Devices Users of PCs and mobile devices should be trained to remove any emails with personal data that may be received on these devices, as soon as they are read. In addition, the agency should audit to make sure any PCs and mobile devices that can access agency applications are password protected. Further, the agency should implement software that can wipe all of the data off of these devices should they be lost or stolen, restoring them to their original manufacturer’s state.

Secure Email Email is the first major area where agencies need to begin to encrypt their communications to carriers and clients when personal data is included. Some prominent examples of emails likely to include personal data include: sending

“Users of PCs and mobile devices should be trained to remove any emails with personal data that may be received on these devices, as soon as they are read.” insurance applications to carriers for a quote or to clients to complete or to sign, and sending insurance policies to clients. With respect to emails between agencies and carriers (and general agents), ACT recommends that TLS secure email be implemented wherever possible. TLS (Transport Layer Security) is an open standard that once implemented between an agency and a carrier (both parties must have TLS implemented), all of the emails between the partners go securely in a manner that is transparent to the end users. In other words, the agent or carrier underwriter does not have to go to a proprietary website to pick up each email (which many underwriters will not do and is inefficient for agency employees to do). TLS is a great solution for business partners where there are frequent email communications going back and forth. Many agencies can implement TLS if they have email servers or hosted solutions that offer TLS. We recommend that the

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initial TLS set up be handled by the agency’s technology person, who should also verify that the TLS is working properly with each carrier and general agent. You will find a number of resources that explain TLS secure email more thoroughly on the ACT website (see “ACT Resources” below), including a list of carriers which have advised us that they have TLS available. Unfortunately, most agency clients will not have TLS capability and therefore, TLS is not a solution for communications with them. This will require the agency to implement a proprietary email solution as well for these clients. When the agent sends a secure email to the client using one of these proprietary solutions, the client accesses it

on the email vendor’s secure website. The secure email tool also enables the client to send a secure email back to the agent, which is very helpful when the client is being asked to complete a D&O application, for example. Fortunately, there are a number of vendors which can help agencies with both TLS hosted emails and proprietary emails, as well as to provide many other useful tools. (Two examples of such vendors are AppRiver and RPost.)

Real Time Today email is used heavily to convey applications and other information between agencies and carriers and general agents, particularly in commercial lines. It is important to note, however, that Real Time

offers a more efficient and secure method to handle these communications, where the communications are automatically encrypted and kept within the agency’s and carrier’s management systems. Agencies are heavily using Real Time for personal lines and we need to increase the usage in commercial lines. Many agencies and carriers are already using Real Time to submit commercial lines applications and make quote requests for small commercial business, and some have started to use their real-time functionality to make mid-commercial submissions. In addition, there is great potential for the industry to use Activity Notifications to communicate other types of messages directly

between the parties’ systems (such as the need for more underwriting information), without having to manage a morass of emails in employees’ mailboxes. We urge agencies and carriers to continue to push the use of Real Time within their organizations and with their business partners, particularly for commercial lines transactions and communications. Real Time is the workflow of the future for commercial lines, as well as personal lines. Email is not.

Agency Websites It is also critical that agencies provide secure website connections for consumers when they ask the consumer to provide personal data on the website – to receive a quote, for example. The website should create a secure “https” tunnel before the consumer can fill out any form that asks for personal data, just as you would experience when purchasing something online or banking online. In addition, if the agency provides a “non-https” protected free-form text field which the consumer can use to contact the agency and make requests, there is some risk the consumer will enter private, personal data. Therefore, it is a best practice to take one of the following steps with regard to this free-form text field: (1) to secure it, (2) change it to specified fields that ask only for basic contact information, such as name, phone continued on page 29 »



Have You AScKed Lately?

Umbrella Program from


Swiss Re Corporate Solutions

or more than 50 years, insurance agents and brokers across America have trusted Swiss Re Corporate Solutions (Westport Insurance Corporation) to protect their business, reputations and assets. Swiss Re Corporate Solutions is proud to be endorsed by the IIABA and all Big “I” state associations nationwide. Swiss Re has now developed an Umbrella program with our members in mind. Some of the features of this coverage are:


Provides coverage over primary, underlying E&O limits, as well as limits over general liability, auto, employer’s liability and other liability lines. Limits available up to $10 million over the underlying coverage including their nonadmitted E&O policy.

Benefits for you: This Umbrella program can be written over a variety of E&O carriers in the event Swiss Re Corporate Solutions does not write your primary policy. Rating and coverage is structured to help you maximize premium dollars for the limits desired. Provide catastrophe loss protection in the event of a large claim against your agency


This program includes a claims team of attorneys and E&O experts who have the experience and knowledge needed to defend and protect you in the event of a claim. AScK offers a full spectrum of E&O solutions for today’s agencies. Swiss Re Corporate Solutions products comes with the depth and breadth of claims management, underwriting expertise and risk management resources tailored to the specific needs of insurance agencies. Together KAIA and Swiss Re are committed to delivering competitive, comprehensive and state-of-the-art E&O solutions to our association members. Have you AScKed Lately?

AGENCY STRATEGIES continued from page 27 number, email, address, or (3) include a note with the free-form text field that it is not secure and should not be used to provide any private personal data. If the agency provides clients with the capability to access their insurance information or documents online, the website should create an “https� connection before any information can be accessed. Once again, agents should work with their website provider to help them with the technical aspects of creating this secure website capability. Some agency E&O providers also require the agency to post a privacy statement on its website(s), if there is an option for the consumer to submit personal data through the website. It is important that the agency customize its privacy statement to track the agency’s particular data collection, usage, sharing, and protection practices with regard to data collected through its website(s). Honda’s financial services website privacy statement provides a good example of the types of information that are typically included in such statements.

ACT Resources This article has covered a few of the areas agencies must manage when protecting the security of their clients’ and employees’ personal data. ACT has developed several resources for agencies to review as they establish and implement their agency’s comprehensive information security program. All of these resources are included on the Security & Privacy page of the ACT website. These resources include a prototype agency information security policy which agencies can use as a template to build their own customized policy or as a checklist of security issues they should address. For more on TLS secure email, the ACT Security & Privacy page includes articles, FAQs, a recorded webinar and a list of carriers which have implemented TLS. For more on securing your website and managing potential E&O exposures arising from the website, see

the article “Don’t Get Caught in the Web.� ACT’s Security & Privacy page also includes sample website disclaimers, a recorded briefing on HIPAA-HITECH requirements for “Business Associates,� and additional articles focusing on: the E&O and security risks arising from the use of social media, precautions to take when using free, public Wi-Fi sites, and how to manage the “Bring Your Own Device� trend where employees are

using their personal devices to access business applications. Jeff Yates is Executive Director of the Agents Council for Technology (ACT) which is part of the Independent Insurance Agents & Brokers of America. Jeff can be reached at jeff. ACT’s website is www. This article reflects the views of the author and should not be construed as an official statement by ACT.

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KAIA is the leading provider of agent continuing education in the state, managing both the Certified Insurance Counselor (CIC)and Certified Insurance Service Representative (CISR) designation programs of the National Alliance for Insurance Education and Research. • Kansas CE Requirements • Designation Certification • Ethics • Westport E&O Loss Control • Certified Insurance Counselor • Certified Insurance Service Representative • Upcoming CE Opportunities


Only 2 Classes Left in 2012 Agency Management Institute

Sept 12-14, 2012 Topeka

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LEGISLATIVE SESSION continued from page 7

InVEST can help.

applications and claim forms; HB 2487 – Uniform Insurance Agents Licensing Act; violations (regarding agent response to KID inquiries); HB 2508 – Insurance Holding Company Act; and HB 2519 – Granting the insurance department access to expungement records of applicants for insurance agent licenses.

there is a claim, and the vanishing deductible shows how a carrier can reward an insured for being loss free. Insurance policies are contracts of Adhesion (one side has bargaining power) and all insured’s have is a promise to pay if loss occurs, so by offering this type of incentive the carrier can alleviate some stress at the time of a loss for the insured.

Those possibilities will probably be revisited prior to the beginning of the 2013 session.

One auto carrier offers several incentive type programs for good drivers. With “SnapShot” you just quote and buy your auto insurance. The carrier then mails your “SnapShot” device to the insured along with instructions on where plug in the device and how to use it. You drive your car as you normally would for the next 30 days. On the 31st day your “SnapShot” savings kicks in with a savings of up to 30%. Another feature this carrier offers is a “Name Your Price” tool. With this you can start a quote on line and then adjust the price based on the coverage’s needed. With this tool the insured should have a working knowledge of what coverages are needed and limits required for the state in which they reside. This carrier will also provide you with other carriers premiums for the same coverage so you can compare what other companies will offer.

On a personal note, I want to congratulate the KAIA for dedicating the Larry McGill Education Center in June. The state of the art electronic facility at the KAIA headquarters in Topeka will educate professionals and non-professionals alike in the business of insurance. It will be a valuable help for those working with continuing education requirements. KAIA members should be proud of the organization’s efforts to provide this center in in Larry’s memory.

InVEST connects insurance professionals with the education community so you can meet up-and-coming professionals and teachers meet financial literacy learning requirements—a winning combination for more than 40 years. Support

OCSR OF THE YEAR continued from page 23

commensurate with the payroll being paid on monthly basis. The benefits for the insured is that it improves cash flow and could eliminate premium financing. Plus the insured would not be surprised by a high audit at the end of their policy term.

InVEST to make your recruitment goals within reach.


Another option some companies have taken is to offer Vanishing Deductibles. This applies to personal auto insurance. Customers can take $100.00 off of their deductible for each year they have of safe driving. The carrier will allow up to five (5) years to add up this savings. For this, the only benefit is when a claim occurs. This is how it works: If you have an accident, you would not have to pay deductible (up to $500). Any insurance policy shows its worth when


Above is but a few of the offers from carriers that can help reduce an insured’s overall insurance cost. If you “surf” the Internet there are a lot more carriers offering insurance and they all say they are cheaper than the other. But are you buying the best coverage for your exposures at home or work? Only the insurance buyer can answer that question. Resources: Progressive- Snapshot, Name Your Price Allied/Nationwide-Vanishing Deductible




Eff. Date


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W. R. Berkley Group Mid-Century Insurance Company Farmers Insurance Group Continental Western Insurance Company Farmers Insurance Group Truck Insurance Exchange Columbia Insurance Group Columbia National Insurance Company EMCASCO Insurance Company Liberty Mutual Insurance Companies Peerless Insurance Company Shelter Insurance Companies Peerless Indemnity Insurance Company Netherlands Insurance Company Valley Forge Insurance Company W. R. Berkley Group W. R. Berkley Group Farm Bureau Property & Casualty Group Peerless Indemnity Insurance Company United Fire & Casualty Company Zurich Insurance Group Ltd Citizens Insurance Company of America Wausau Underwriters Insurance Company United Fire & Casualty Group W. R. Berkley Group Peerless Insurance Company Peerless Indemnity Insurance Company Liberty Mutual Insurance Companies Continental Western Insurance Company Netherlands Insurance Company Wausau Business Insurance Company Peerless Indemnity Insurance Company Everest Re Group Ltd Nationwide Mutual Insurance Company Munich-American Holding Corp Companies COUNTRY Financial Property Casualty Grp Marysville Mutual Insurance Company Farmers Alliance Mutual Insurance Co Continental Western Insurance Company W. R. Berkley Group Zurich Insurance Group Ltd Cincinnati Insurance Company Munich-American Holding Corp Companies Capitol Indemnity Corporation United Fire & Casualty Group United States Liability Insurance Co Wausau Underwriters Insurance Company W. R. Berkley Group W. R. Berkley Group Liberty Mutual Insurance Companies Netherlands Insurance Company Peerless Insurance Company Farmers Insurance Group State Farm Fire and Casualty Company Marysville Mutual Insurance Company Kemper P&C Group California State Auto Group Lititz Mutual Insurance Pool Standard Guaranty Insurance Company Employers Mutual Casualty Company Union Insurance Company of Providence EMCASCO Insurance Company Farmers Alliance Companies Liberty Mutual Insurance Companies West American Insurance Company Ohio Casualty Insurance Company Farmers Alliance Companies Foremost P & C Ins Co Farmers Alliance Mutual Insurance Co Progressive Insurance Group White Mountains Insurance Group IDS Property Casualty Insurance Company Munich-American Holding Corp Companies Insurance Services Office

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-16.10 % -2.60 % 0.10 % 1.00 % 1.00 % 1.00 % 1.69 % 1.69 % 3.50 % 10.50 % 11.60 % 12.60 % 14.70 % 21.00 % 67.00 % -0.87 % -0.52 % 0.00 % 0.60 % 1.30 % 3.20 % 3.40 % 4.70 % 6.10 % 14.90 % 15.70 % 15.90 % 16.70 % 16.80 % 17.00 % 21.60 % 27.50 % -15.00 % 9.20 % -3.00 % 0.10 % 4.50 % 10.20 % 11.90 % 12.20 % 13.60 % -50.76 % -1.10 % 0.00 % 0.00 % 0.00 % 0.00 % 4.78 % 5.06 % 14.60 % 14.60 % 14.90 % 0.00 % 5.70 % 6.00 % 7.00 % 7.50 % 8.10 % 9.10 % 9.50 % 12.00 % 12.20 % 12.40 % 13.40 % 14.10 % 15.50 % 18.50 % 19.80 % 21.40 % -5.30 % -0.20 % 0.00 % 0.00 % -15.80 %



KIA&B July/August 2012