professional agent july | 2012
Wh at’s Inside? Convention Highlights............7 Meet the 2012 Board...............16 Nominees ISO Commercial...................21 Property Changes New CIC's............................25 2011-2012 Wisconsin............ 27 Legislative Wrap-Up Reduce Your E&O................32 Exposure Classifieds.. ..........................34 YPC Scholarship Photos. . ....35 Coming Events.....................38
Potawatomi State Park boat rental canoe dock — Sturgeon Bay
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 in the future.
Milwaukee Branch: 855.495.1800 | Home Office: Des Moines, IA
www.emcins.com © Copyright Employers Mutual Casualty Company 2011 All rights reserved
6914_EMC_AD_Jason_WiscProff 7.75x10.25.indd 1
1/12/12 3:48 PM
President Al Breitenfeldt, CIC — President, PIA of Wisconsin
Thank you very much! Wow, it’s hard to believe that my year as President of this
have done a super job of guiding this organization this year.
awesome organization is almost over. By the time you read
In addition the support we get from all of our company
this the convention will be almost here and my year will
partners allows us to do so much for our members at a very
be completed. It has been a pleasure to serve the PIA of
affordable price. When you see your company people make
Wisconsin and its members for the past year. I have had the
sure to take the time to thank them for their support.
pleasure of meeting many of our members and thank all of you for taking the time to say hello and give us some input on what you would like to see from your association. In the past year the organization has grown it membership base and made strides to provide additional exciting benefits for our members. With our new President Tracy, our association
I am not outlining the accomplishments from the last year; you will have to attend the business meeting at the convention to get all those details. I hope to see you all at our 63rd Annual Convention. It promises to be a fun and information filled event. Please remember to collect those old cell
will continue to grow and strengthen. We are currently the
phones and bring them to the convention!
third largest PIA association in the nation! You can be very
As I conclude my last few words I do wish to thank some
proud of what that means on a National level.
very special people that have made this year very special.
I began my year with two themes that you may be tired of
Ron, thank you very much for your support and advice not
hearing but “no one can do everything but everyone can
only this year but for all you have done for our organization!
do something.” We have accomplished a lot as your asso-
Members of the PIA staff, Brenda, Becca, Darcy, Mandy and
ciation this year and by having more members participate in
Heather, thanks for your dedication to your jobs! Members
our various functions I truly believe that everyone has done
of the Executive Committee and Board—thank you again so
something! Thank you very much for that.
much for your support this year and for your contributions
A man named Lombardi once said “the achievements of an organization are the direct result of the combined efforts of each individual.” The PIA of Wisconsin is not able to achieve anything without you its members. While we get great leadership from Ron and support from our super staff of Brenda, Becca, Darcy, Mandy and Heather, we can’t
to our association and profession! It is truly over and above the norm. Committee members and company partners—we cannot do it without you. Thanks for your contributions! Lastly all our members—thank you so much for all you do not only for your industry but your communities! Thank you all so much—“the achievement of this organization
do anything without the support and input from you the
are the direct result of the combined effort of all these
members. Your elected board members Tracy, Jeff, LouAnn, Dennis K, Mary, Trey, Dennis R, Steve, Rick, Kori, and Brian
individuals!” Everyone did something! Thank you so much, have a great month and see you at the convention!
GERMANTOWN MUTUAL INSURANCE COMPANY W209 N11845 Insurance Place PO Box 1020 Germantown, WI 53022-8220 Phone (262) 251-6680 Fax (262) 623-3130 www.gmic.com
SERVING POLICYHOLDERS AND INDEPENDENT AGENTS IN WISCONSIN SINCE 1854 JULY 12 3
Madison Ron Von Haden, CIC — Executive Vice President, PIA of Wisconsin
Certificates of Insurance WE HAVE DISCUSSED AD NASEUM that agents cannot prepare false or misleading Certificates of Insurance. Even when badgered by lenders or customers, an agent (or anyone associated with an agent) who violates Wisconsin law runs the risk a fine and of losing their license if they intentionally prepare certificates that do not reflect exact policy provisions. Section 628.34 (1) (a) of the Wisconsin State Statutes stated: “Conduct Forbidden. No person who is or should be licensed under chs. 600 to 646, no employee or agent of any such person, no person whose primary interest is as a competitor of a person licensed under chs, 600 to 646, and no person on behalf of any of the foregoing persons may make or cause to be made any communication relating to an insurance contract, the insurance business, any insurer, or any intermediary which contains false or misleading information, including information misleading because of incompleteness. Filing a report and, with intent to deceive a person examining it, making a false entry in a record or willfully refraining from making a proper entry, are “communications” within the meaning of this paragraph…. ” The Commissioner of Insurance has made it very clear in previous bulletins to agents that they will be severely punished for violating this section of the law. The National Association of Insurance Commissioners, National Conference of Insurance Legislators, State Legislatures and agent associations, including PIA National and PIAW, have been grappling with ways to strengthen and clarify the laws regarding Certificates, for the protection of agents. Some proposals and new laws have gone as far as imposing huge fines on someone who requests that an agent prepare a false or misleading Certificate. Some have made it a felony to
4 JULY 12
request or issue such a Certificate. Here in Wisconsin, a simplified version of that clarification is now in place. Under 2011 Wisconsin Act 224, enacted April 6, 2012, chapter 628.34 (1) (a) was amended by a couple minor wording changes and more importantly, the addition of a sentence at the end of the section. The newly added sentence says: “No intermediary may provide a misleading certificate of insurance.” I understand the intent of the addition and maybe it will give agents something to provide to customers, bankers or other requestors to make them understand that an agent can’t simply type something on a certificate that is not included the policy. But it’s more like saying “we told you before that you really can’t do that and now we’re saying you really, really, really can’t do that.” The bottom line…you couldn’t issue false or misleading certificates before and you can’t do it now. Enough said!
AGENCY VALUATION is always a concern when you are considering buying or selling an agency. It is a common question fielded at the association office. A new report may help you understand the process of valuation. Agency Consulting Group, a respected nationwide provider of information to the insurance industry, has a free report on their web site titled “The Standards & Guidelines For Appraising Insurance Agencies/Brokerages”, recently published by the American Association of Insurance Management Consultants. Go to www.agencyconsulting.com, then click on “Seminars” and scroll down to the title of the report. AND REMEMBER …..Whatever your lot in life, build something on it.
JULY 12 5
Boardroom Dennis Kuhnke, CIC — Director, PIA of Wisconsin
Don't be a Convention Virgin! Hello everyone. Since this is the last magazine article you will be reading from me, I wanted to somehow tie it in with my first article, The “Convention Virgin.” Like many other agents, for some reason I had never taken the time to attend our association’s main event of the year—the convention. When at last I did go, I was so impressed that I wrote an article on all of the positive things I observed. Since then, of course, many conventions have come and gone but my appreciation of what they bring to our membership has only increased. As with all conventions we’ll provide our fair share of fun for all with the fabulous Family Opening Party featuring the Rhythm Kings; President Al “Wally” Breitenfeldt will host a cocktail reception for all prior to our awards dinner. After dinner the fun continues with comedian Vic Henly. If you are interested in a little boat ride (since we are on Lake Geneva) you can sign up for the US Mailboat ride and learn a little about the homes and history of the lake (a small additional cost is required). Do you like to golf? The YPC along with Wisconsin Mutual and the Hanover Group will sponsor the 9th Annual YPC Scholarship Golf Outing on Wednesday August 1st. Last year the proceeds allowed PIA to give $15,000.00 in scholarships to young people who are interested in joining our industry! We take care of business as well with our PIAW annual meeting to elect new board members and review our finances. We hold a CIC, CISR, CRM and CPIA conferment ceremony (proving once again we are the education association); we honor our Agent of the Year, Field Rep of the Year and present the Stony
Steinbach Achievement Award; we hold a President’s Panel featuring John Barbagallo – Group President of Progressive Insurance, Richard Keith – President/CEO of IMT Group, Rick Parks – President/CEO of Society Insurance and Dave Pauly – CEO of Capitol Insurance. Please bring along your questions for these industry leaders. Our company representatives and industry partners will be holding a great Trade Show which not only allows you to visit with them, but also offers many opportunities to win great prizes (did I mention the PIA money machine will also be fully stocked with $). Friday’s breakfast is an absolute “do not miss” event as Colonel Mark W. Tillman, pilot and Air Force One Commander from 2001 to 2009 reveals his first hand stories of flying President Bush on 9-11 and into Baghdad for Thanksgiving dinner with our troops. Speaking of our troops, don’t forget to bring along your Cell Phones for Soldiers—the PIAW charity of this year. As you can tell, we have a sterling lineup for you this year thanks to the efforts of our convention committee, Brenda and the rest of the PIA staff. I am as excited now about this terrific lineup we have for our members as I was for my first convention. If you have not attended in awhile, this is the one to come back for and attend. If you, like I was at one time, are a convention virgin, I encourage you to “take the plunge” and sign up. You will be forever glad you did. Thank you – it has been my pleasure to serve.
Right in your backyard!
With Continental Western Group® in your backyard, you have the comfort of knowing we are responsive to your needs and the confidence of knowing we are dedicated to our partnership! Call Fritz Weitendorf, our Wisconsin Representative at 1-877-643-0219 ext 3828.
6 JULY 12
Colonel Mark W. Tillman
Air Force One – Moments in History
COMPANY PRESIDENT’S PANEL
Chosen as the nation’s 12th Presidential pilot, retired Colonel Tillman served as pilot and commander of Air Force One from 2001-2009. He will keep you on the edge of your seat discussing his firsthand account of flying President Bush on September 11, 2001 and later transporting the commander in chief into the war zone of Baghdad, Iraq to have Thanksgiving dinner with the troops. An engaging story teller, Col Tillman will take you behind the scenes of AF-1.
John Barbagallo Group President Commercial Lines & Agency Operations Progressive Insurance Group
Rick Parks President & CEO Society Insurance
Richard Keith President & CEO The IMT Group
Dave Pauly, CIC CEO Capitol Insurance Companies
What is the status of the market? Will rates remain stable? What are the hot issues facing companies and agents? These questions and more will be addressed during this lively exchange of information and ideas. These Gold Sponsors have shown a strong commitment to professional independent agents and we look forward to seeing you at this important convention event.
$179.00 + 8.5% tax Rooms WILL go fast! Please make your reservations today, rate guaranteed based on availability through July 10th. For reservations call 1-800-558-3417 and identify that you are with the Professional Insurance Agents.
For More Information and Registration Options Visit www.piaw.org or Call 1-800-261-7429. JULY JULY12 12 77
Actions Ted Nickel â€” Commissioner of the Office of Insurance
Madison, WIâ€”OCI has taken the following administrative actions. In many of these cases the respondent denied the allegations but consented to the action taken. Any forfeitures paid in these administrative actions are deposited in the Common School Fund which is administered by the Board of Commissioners of Public Lands. The earnings from this fund are distributed to all public K-12 schools in Wisconsin and are used by school libraries to purchase books. Copies of the administrative action orders may be viewed online at https://ociaccess.oci.wi.gov/OrderInfo/OrdInfo.oci. OCI is responsible for overseeing the operations and marketing of insurance companies and agents in Wisconsin. OCI encourages anyone with a question or a complaint regarding an insurance company or agent to contact the office at this tollfree telephone number: 1-800-236-8517.
Actions Against Agents
Dorothy Ann Angeli, 3300 Business Park Dr., Stevens Point, WI 54482, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Sarah M. Barton, 1502 N. 56th St., Superior, WI 54880, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Michael James Bennett, 800 Nebraska St., Oshkosh, WI 54902, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Brian Blackley, 225 Prospect Ave., Pewaukee, WI 53072, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Charles H. Brown, 10932 75th St. Apt. 107, Kenosha, WI 53142, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Jaquieta Monique Brown, 5659 N. 36th St., Milwaukee, WI 53209, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Robert Brown, W329N4320 Lakeland Dr., P.O. Box 76, Nashotah, WI 53058, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay Wisconsin delinquent taxes due. Terrence Carlino, 1300 Jez Rd., Ladysmith, WI 54848, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and a criminal conviction which may be substantially related to insurance marketing type conduct. 8 JULY 12
John F. Cotter, 419 E. Forest Dr., Neenah, WI 54956, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Neil Demant, 1313 Yorkville Ave., Union Grove, WI 53182, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Michael B. Dermody, 222 S. Golden Lake Ln., Oconomowoc, WI 53066, was ordered to pay a forfeiture of $15,000.00 within 31 days and was ordered to pay restitution to a consumer in the amount of $3,717.36. The application for the reinstatement of his intermediary's license was denied and he is prohibited from reapplying for an intermediary's license for a period of five years. These actions were taken based on allegations of selling annuities after license revocation, misrepresenting information to OCI, and making multiple misrepresentations to consumers regarding the features of annuities sold. Perry S. Dlugie, 1203 Walden Ln., Deerfield, IL 60015, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Michael Leonard Gartman, 1228 Alcott Ave., Howards Grove, WI 53083, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. David A. Glaser, 1033 S. East St., Appleton, WI 54915, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Claudia Gonzalez, 445 State St., Fremont, MI 49412, had her application for an insurance license denied. This action was taken based on allegations of a criminal conviction which may be substantially related to insurance marketing type conduct and for failing to pay fines as required. Joshua Griffin, 2351 Rainbow Dr., Plover, WI 54467, had his [continued on page 10]
JULY 12 9
OCI Administrative Actions [continued from page 8] application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application. Shawn P. Hammes, 2130 South Ave. Apt. 310, La Crosse, WI 54601, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Peter Hannah, 250 Cliff Alex Ct., Apt. 3, Waukesha, WI 53189, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and not being eligible to hold a variable line of authority. Christopher Harris, 118 W. Bell St., Apt. 202, Neenah, WI 54956, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI, failing to disclose criminal convictions on a licensing application, and having a criminal conviction which may be substantially related to insurance marketing type conduct. Scott Harris, 4793 Hillsboro Cir., Santa Rosa, CA 95405, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of a resident surplus lines license. Jason Hebert, 5817 N. 41 St., Milwaukee, WI 53209, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application. Mark Hiller, 7992 Paton Rd., Saint Germain, WI 54558, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Diandra D. Holloway, 4512 W. Martin Dr. Apt. 5, Milwaukee, WI 53208, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Adriana Jaime, 12238 Silicon Dr. Ste. 150, San Antonio, TX 78249, had her application for an insurance license denied. This action was taken based on allegations of a criminal conviction which may be substantially related to insurance marketing type conduct and an administrative action taken by the state of Wisconsin. Steve James Kass, P.O. Box 1071, Hayward, WI 54843, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Neda Keshani, 3800 Citigroup Center, FI-9, Tampa, FL 33610, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of a resident surplus lines license. Alan Thomas Krajcir, 1227 N. Milwaukee St. Apt. 23, Milwaukee, WI 53202, had his insurance license revoked. This action 10 JULY 12
was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Blaise B. Krautkramer, 482 Edelweiss Dr., Green Bay, WI 54302, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Jay M. Kufahl, 412 Weston Ave., Wausau, WI 54403, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Morrison Lamb, 1032 S. Kernan Ave., Appleton, WI 54915, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and having a criminal conviction which may be substantially related to insurance marketing type conduct. Albert Lambert, 4601 Corporate Dr. Ste. 115, Concord, NC 28027, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide required documentation on a licensing application. Song Lee, 1401 Park Cir., Sun Prairie, WI 53590, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application. Paula J. Matteson, 2301 W. Jackson St. Apt. 19, Merrill, WI 54452, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Whitney Morgan, 3700 S. Stonebridge Dr., McKinney, TX 75070, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and a criminal conviction which may be substantially related to insurance marketing type conduct. Martin J. Panczak, 214 Wildflower Way, Lake Mills, WI 53551, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Hiram Perez, 6777 S. 17th St., Milwaukee, WI 53221, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to complete required prelicensing education. Cory J. Peterson, 249 N. Water St. Apt. 407, Milwaukee, WI 53202, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Sandra K. Proksch-Troope, 2114 Farnam St., La Crosse, WI 54601, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. [continued on page 12]
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OCI Administrative Actions [continued from page 10] Terry Reed, One Haven for Hope Way, San Antonio, TX 78207, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide proof of current child support payments or an approved child support repayment plan. Scott A. Rupnow, 18 N. 4th St., P.O. Box 331, Winneconne, WI 54986, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Andy Schaefer, 502 Plaza Dr., Apt. 216, Madison, WI 53719, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to complete fingerprinting requirements. Rodger G. Schneider, 2017 Almond Dr., Delavan, WI 53115, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Grant Ludwig Schultz, N977 Shore Dr., Marinette, WI 54143, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Ryan Sepnafski, 1800 W. Glendale Ave., Appleton, WI 54914, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and a criminal conviction which may be substantially related to insurance marketing type conduct. James F. Stein, 213 Emily Way, Hortonville, WI 54944, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Jennifer Strouf, 1306 N. 28th St., Sheboygan, WI 53081, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to complete prelicensing education requirements.
Franklin D. Thompson, 3014 N. 41st St., Milwaukee, WI 53210, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Marvin J. Tick, 11642 N. Riverland Rd., Mequon, WI 53092, agreed to have his insurance license suspended for 30 days. This action was taken based on allegations of violation of s. 628.34 (1), Wis. Stat., in the marketing and sale of a life insurance product. Beauryan Tway, 8025 County Rd. M, Evansville, WI 53536, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to complete fingerprinting requirements. Benjamin A. Villa, 2618 S. 50th St., Milwaukee, WI 53219, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Kevin James Weidman, 401 S. Marietta St., Apt. 3, Verona, WI 53593, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Kim Marie Weller, E13949A Hein Rd., Baraboo, WI 53913, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Mark Wilkie, W2464 Hwy. 63, Springbrook, WI 54875, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. David L. Williams, 4604 Ripple Dr., West Jordan, UT 84088, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Paul D. Zeier, 1000 N. Cambridge Ct., Waunakee, WI 53597, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. [continued on page 14]
Attention CICs! Exciting update options. CIC Graduate Ruble Seminar December 11 & 12, 2012 | Crowne Plaza â€“ Milwaukee, WI February 12 & 13, 2013 | Radisson â€“ Green Bay, WI 16 WI CE (4 are optional Ethics)
visit www.piaw.org or call PIA at 1-800-261-7429
12 JULY 12
s ’ t i , g n i r u s n i h t r o w s If it’ . l l e w g n i r u s n i worth
late day and g n lo y r e rth ev nd it’s wo A . s e s s usine d. to their b in e v ll protecte a overage. e h c w y e e c is n th s a ll s r ut a insu usine tomers p ing the b p on their w im o k n s k Your cus d nce m ht insura ce of min n’t let the a ig o r e d p e o e th S v t. a te nigh crea ey’ll h Bend, th erience to t p s x e e W d n m s. a licy fro wledge terinarian o e n v k e to With a po th s e n e r , is know nals hav tique sto n th io a s g s n m e fe o tr o r fr s cial ses, rance p our finan f busines s o a Our insu s ll d e e r w d s ice, a for hun laim serv program c t p m o r and p if on for fair ti ta ecause u B p . e r e s t. n s Our e e w akes s ut the Mid gram m o r p througho e c ™ uran ess ins in s u ll. b T SMAR uring we s ’s d in n h e t r B o West it’s w suring, in h t r o it’s w
OCI Administrative Actions [continued from page 12]
Actions Against Companies
Affirmative Insurance Company, P.O. Box 9030, Addison, TX 75001, was ordered to pay a forfeiture of $500.00, was ordered to promptly reply to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. Balboa Life Insurance Company, 400 Robert St. N., St. Paul, MN 55101, was ordered to pay a forfeiture of $500.00, was ordered to reply promptly in writing to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. Guggenheim Life & Annuity Company, 2711 Centerville Rd. Ste. 400, Wilmington, DE 19808, was ordered to pay a forfeiture of $500.00, was ordered to promptly reply in writing to OCI, and was ordered to promptly pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to promptly pay a required fee. Health Tradition Health Plan, 1808 E. Main St., Onalaska, WI 54653, was ordered to pay a forfeiture of $500.00, was ordered to promptly reply in writing to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. Indymac Financial Services, 888 E. Walnut St., Pasadena, CA 91101, had its insurance license revoked. This action was taken
14 JULY 12
based on allegations of failing to pay Wisconsin delinquent taxes due. Medco Containment Life Insurance Company, 100 Summit Ave., Montvale, NJ 07645, was ordered to pay a forfeiture of $500.00, was ordered to promptly provide requested information to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. North American Elite Insurance Company, 650 Elm St., Manchester, NH 03101, was ordered to pay a forfeiture of $2,000.00, was ordered to promptly reply in writing to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. North American Specialty Insurance Company, 475 N. Martingale Rd. Ste. 850, Schaumburg, IL 60173, was ordered to pay paid a forfeiture of $500.00, was ordered to promptly provide requested information to OCI, and was ordered to pay a required appointment fee. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay a required fee. Strategic Company, LLC, 2404 Edenborn Ave., Metairie, LA 70001, had its application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide required documentation on a licensing application.
WISCONSIN PIA IS A PROUD SPONSOR OF THE CPIA DESIGNATION PROGRAM The PIA of Wisconsin is a proud sponsor of the Certified Professional Insurance Agent (CPIA) professional designation program. The CPIA designation is comprised of a series of Insurance Success Seminars. These three, one-day workshops teach practical "before", "during", and "after" the sale techniques for insurance producers, sales managers, account managers and company marketing representatives. Participants leave with ideas that will produce increased sales results immediately. In fact, The Insurance Success Seminars are guaranteed: Implement the principles covered in these sessions and experience a 20% increase in personal production within six months, or your registration fee will be refunded!
To maintain the CPIA designation, CPIA’s must fulfill an update every two years by attending an Agency Management Boot Camp, or attend one of the core Insurance Success Seminars, or attend a Pro-to-Pro Retreat, or maintain an active membership in the AIMS Society.
The AIMS Society is a national organization dedicated to providing interactive marketing and sales training, ongoing resources and networking opportunities to insurance professionals.
You can attend the CPIA courses in any order. No Test. Approved for 7 Wisconsin CE credits.
CPIA 1 - Position for Success
CPIA 2 – Implement for Success
CPIA 3 - Sustain Success
During this program, participants are encouraged to focus on internal and external factors affecting the development of effective business development plans. Factors discussed include a review of the state of the insurance marketplace; analysis of competitive pressures; necessary insurance carrier underwriting criteria; and consumer expectations and understanding.
During this session participants will be provided with specific tools for analyzing consumer needs; will learn to utilize risk identification techniques to gather pertinent prospect information; will develop skills necessary to assimilate information gathered into a customized protection program; and will participate in exercises designed to promote effective delivery of proven solutions.
This program focuses on fulfilling the implied promises contained in the insuring agreement. Students will review methods of providing evidence of insurance coverage; will discuss policies and procedures for controlling errors and omissions including policy review and delivery, endorsements, claims-processing, and handling of client complaints. This course includes a review of the Professional Expectations; the Law of Agency; and Legal and Ethical Standards.
CPIA 3 – August 1, 2012 CPIA 1 – January 16, 2013 CPIA 2 – May 1, 2013 CPIA 3 – September 11, 2013 CPIA 1 November 9, 2011 CPIA 2 February CPIA 3 August Corporation 1, 2012 15, 2012 Grand Geneva Resort Wisconsin Mutual Ins. Co. Radisson Kelmann Fall 2012 Radisson Paper Valley Hotel Marriott Madison West Grand Geneva Resort Lake Geneva, WI Madison, WI Green Bay, WI Wauwatosa, WI Dates to beWI Announced Appleton, Middleton, WI Lake Geneva, WI
8:30 – 4:30 p.m. Fee Per Course (does not include lunch): PIA Member $155.00 / Non Member $190 Register at www.piaw.org or call PIA at 1-800-261-7429
JULY 12 15
ANNUAL MEETING NOTICE and
Nominations Committee Report The Annual Meeting of the Professional Insurance Agents of Wisconsin, Inc. will be held at 11:15 a.m. on Thursday, August 2, 2012 at the Grand Geneva Resort, Lake Geneva, Wisconsin. At that meeting, the Nominations Committee will place the following names in nomination for election to the Board of Directors. In accordance with PIA procedures, we are publishing photos and a brief biography of each nominee. Nominations will be accepted from the floor at the annual meeting and each nominee will speak on their own behalf prior to the election. Each director elected will serve a three year term beginning at the installation ceremony that evening. JULIET ULSET, Grams Insurance Agency LLC, Edgerton, WI. Julie has been in the insurance business for 16 years. She is a high school graduate and has taken various college courses , including business and insurance courses. She is a member of the Edgerton Rotary, Edgerton PTA, Chamber of Commerce, MACCIT and the Diabetes Association. Principal companies: West Bend, Auto-Owners and General Casualty. Julie has served on the YPC committee for several years. KATHLEEN MULDER, Nolan Insurance Agency, LLC, Brandon, WI. Kathy has been in the insurance business for 22 years. She is a high school graduate and has taken insurance education classes her entire career. She is involved in the local food pantry, June Diary Days, Day on the Farm, Local fairs and community events. Principal companies: Hastings Mutual, General Casualty and Integrity Mutual. Kathy served on the Automation Committee for three years. WAYNE DALLMAN, Dallman Insurance Agency, LLC, Greenwood, WI. Wayne has been in the insurance industry for 12 years. He graduated from the UW-Eau Claire in 2003. He is an active member and Secretary of the Thorp Jaycees and is active in the Muskybucks charity group. Principal Companies: Mutual of Wausau, Partners Mutual and Hastings Mutual. Wayne has not yet served on a PIAW committee. TREY NEHER, CIC, CISR, THZ Insurance Group, Appleton, WI. Trey has been in the insurance business for 34 years. He has a Bachelors Degree from Illinois Wesleyan University in Business Administration and has attained the CIC and CISR designations. He is on the Board of the Downtown Appleton Rotary, member of the 1st United Methodist Church Finance Committee, Northside Business Association and Fox Cities Chamber of Commerce. Principal Companies: West Bend, SECURA and Frankenmuth. Trey has served on the Convention Committee, Membership Committee and Investment Task Force. He has served on the PIA Board of Directors for the past three years. JOHN KLINZING, CIC, Affiliated Insurance Agencies of WI, LLC, Madison, WI. John has been in the insurance business for 33 years. He has an Associate Degree in Applied Science in Insurance and has attained the CIC designation. He is Vice President of the Monona Chamber of Commerce and a Past President of that group, member of the Monona Grove Optimists, Madison TIP Club and the Monona Festival Committee. Principal companies: West bend, Society and ACUITY. John has served on the Membership and Education Committees for several years.
PROPOSED BY LAWS CHANGE â€” NOTICE TO MEMBERS At the Annual Business meeting on August 2, 2012, a proposed By Laws change will be brought before the members for a vote. The purpose of this change is to include the PIAW National Director as a member of the Executive Committee. Currently the PIAW National Director does not serve as a member of the Executive Committee. Current: ARTICLE VI-COMMITTEES, Section 2: An Executive Committee shall be formed composed of President, Vice-President, Treasurer, Secretary and immediate Past President. Proposed: ARTICLE VI-COMMITTEES, Section 2: An Executive Committee shall be formed composed of President, Vice-President, Treasurer, Secretary, immediate Past President and National Director. 16 JULY 12
PIAW ASKS YOU TO HELP OUR TROOPS CALL HOME! JUST SET UP A DONATION BOX!
To a military family, a phone call is priceless. But the costs to call home can be as much as $7 to $8 per minute. Some soldiers just can’t afford to make the calls. Cell Phones for Soldiers raises money to provide soldiers with FREE prepaid calling cards. Since, 2004, more than 500,000 pre-paid cards have been distributed to soldiers serving overseas. We need your help! All you need to do is collect unneeded cell phones. These phones will either be re-used or recycled and all proceeds go to purchasing calling cards. Simply place a collection box in your lobby, reception area or any high-traffic area. We will even send you the box! Just email PIAW’s public relations firm at firstname.lastname@example.org or call them at (262) 789-1565 and ask for Leslie. We’ll be sure you get a box sent to you. The insurance agency and carrier that submit the most phones will be recognized at the PIAW Annual Convention! So get your friends and family involved and collect phones through July! Then, bring your phones to the Convention in August. If you won’t be attending, we will try to arrange for a pickup or you can simply ship your donations--at no charge to you. It’s all FREE. Complete information is available on the PIAW website.
For more information go to: www.cellphonesforsoldiers.com or www.piaw.org.
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20 JULY 12
The IS O
Gets a Tune-Up
by Dan Corbin, CIC, CPCU, LUTC
The Insurance Services Office Inc. is in the process of introducing its new 2011 Commercial Property Program in all jurisdictions with a multistate forms filing, a rules filing and a loss-costs filing. Forms and endorsements affected by the filing will carry an edition date of October 2012. The proposed effective date of the program will not take place until 2013, which gives you plenty of time to digest the changes.
To give you an idea of the scope of the forms filing, there are 17 changes to the policy forms, where many of these changes have been made to multiple forms. There are 28 changes to the endorsements portfolio, which result in 12 new endorsements; 38 revised endorsements; and one withdrawn endorsement. As is common in past filings, many of these changes do not affect the intent of coverage, but merely fine tune the language in response to case law or some stakeholder’s suggestion. Even many of the substantive changes likely will not alter the typical conversation you have with policyholders. In this article I have selected 20 of the items most likely to interest you, though your clients ultimately may be incurious.
No. 1–Debris removal. The commercial property forms have an additional coverage for debris removal expense not to exceed 25 percent of the direct damage plus the deductible. To supplement this amount, the forms make available an additional $10,000 when certain conditions are met. This amount is increasing to $25,000. Further, coverage for debris removal expense will apply to the property of others on the described premises, as well as covered property. However, if covered property has not been damaged, a new limit of $5,000 applies to the property of others. For example, this broadening of coverage would apply when a tornado or windstorm has deposited debris from a neighboring building onto the insured’s premises.
No. 2–Extended BIC. Although the period of restoration ends on the date when damaged property should be restored according to the business income coverage forms, there is an additional coverage that prolongs that date by 30 consecutive days. This extended period of indemnity is being increased to 60 days.
No. 3–Coverage radius. Despite the territory definition stated in the Commercial Property Conditions CP 00 90 form (i.e., U.S., Puerto Rico and Canada), basic coverage of the commercial property forms does not apply to business personal property located more than 100 feet of the described premises. In
order to accommodate the insured who has a described premises (e.g., a suite) within a larger building, this radius description is being changed. Coverage now will apply to business personal property located “within 100 feet of the building or within 100 feet of the premises described in the declarations, whichever distance is greater.”
No. 4–Property in storage. A new coverage extension is being introduced for business personal property temporarily located in a portable storage unit (as opposed to “in the open” or “in a vehicle”) within 100 feet of the described premises. An aggregate sub-limit of $10,000 applies to this property and coverage expires 90 consecutive days after storage of the property began, or when the unit was made available for storage.
No. 5–Electronic data. Electronic data is excluded as covered property under the coverage forms, except the insured’s stock of prepackaged software and the limited electronic data covered under the additional coverage. A welcome exception is introduced for electronic data that “is integrated in and operates or controls the building’s elevator, lighting, heating, ventilation, air conditioning or security system.” Modern buildings have expensive environmental control systems that represent a significant loss exposure. These costs are reflected in building replacement cost values and policyholders expect coverage for them when a loss is incurred.
No. 6–Newly acquired property. No longer will there be a $100,000, 30-day coverage extension for newly acquired business personal property at the described premises. However, this coverage will continue to apply when the business personal property is located at some other newly acquired building or location.
No. 7–Wear and tear. Various perils (e.g., wear and tear, mechanical breakdown, discharge of pollutants, collapse, fungus, etc.) interact with “specified causes of loss” in the [continued on page 22] JULY 12 21
ISO Commercial Property [continued from page 21] Causes Of Loss–Special Form (CP 10 30). Water damage is one of the “specified causes of loss” defined in the form, and presently includes an accidental discharge of systems or appliances located on the described premises. This description is being expanded to include systems or appliances located off the described premises if the breaking or cracking is caused by wear and tear, but only if unassisted by causes otherwise excluded under the terms of the water exclusion.
No. 8–Property away from premises. A new Specified Business Personal Property Temporarily Away From Premises (CP 04 04) endorsement is introduced as an option to cover the insured’s portable office equipment while off the described premises; particularly, when in the care of an employee. A limit must be chosen for this coverage and it is subject to many restrictive conditions.
No. 9–Equipment breakdown. A new Equipment Breakdown Cause Of Loss (CP 10 46) endorsement is introduced as an option to add equipment breakdown as a peril only when special form perils are provided by the policy. To compliment this coverage, a new Suspension Or Reinstatement Of Coverage For Loss Caused By Breakdown Of Certain Equipment (CP 10 47) endorsement also is introduced.
No. 10–Deductibles by location. A new Deductibles By Location (CP 03 29) endorsement is introduced as an option to designate selected deductibles at each location that sustains loss or damage, affording maximum flexibility in the application of deductibles.
No. 11–Roof limitations. A new Limitations On Coverage For Roof Surfacing (CP 10 36) endorsement is introduced to provide options for covering roof surfacing at actual cash value instead of replacement cost, and for excluding cosmetic damage to roofs. A similar endorsement already exists in the homeowners and dwelling programs.
No. 12–Construction cost inflation. A new Increase In Rebuilding Expenses Following Disaster (CP 04 09) endorsement is introduced as an option to supplement building limits when increased costs of construction are incurred due to the high demand and low supply that typically follows widespread catastrophe losses. A specified percentage of the building limit is chosen for the maximum limit of this additional coverage and it is applied on an aggregate basis. No. 13–Dependent property. Because of loss to the insured’s property, there is a need for business interruption coverage. ISO has a coverage for that. What if the insured’s supplier or recipient of materials or services suffers loss to its property? ISO has a coverage for that dependency on a business partner. But, what if the business depended upon by the insured’s supplier or recipient has a loss to its property? ISO didn’t have a coverage for that secondary dependency. However, now it has this option built into its dependent property endorsements. 22 JULY 12
No. 14–Flood coverage. Besides adding an underlying insurance waiver “by location” to the flood coverage schedule, the flood coverage endorsement is revised to waive the 72-hour waiting period under conditions that avoid adverse selection. In addition, drains and sumps now are included with sewers for back-up and overflow coverage.
No. 15–Sewer discharge. A new Discharge From Sewer, Drain or Sump (CP 10 38) endorsement is introduced as an option to cover the discharge of water or waterborne material from a sewer, drain or sump. The limitations in this endorsement give reason to be cautious when you explain its purpose to the insured. It does not cover discharge due to flood conditions and it does not cover discharge due to power failure, unless the policy is endorsed to cover power failure.
No. 16–Theft of building materials. A new Theft Of Building Materials And Supplies (CP 10 44) endorsement is introduced as an option to cover the theft of building materials and supplies located on or within 100 feet of the premises, provided the property is intended to become a permanent part of the building or structure. The policy should have special form perils without a theft exclusion and it should be other than a builders risk policy (a separate endorsement is currently available for this policy).
No. 17–Payroll limitation. What previously was the Ordinary Payroll Limitation Or Exclusion (CP 15 10) endorsement now omits the word “ordinary” in its title. This is because the endorsement is revised to permit the limitation or exclusion of payroll expense for any individual or category of employee, not just those without managerial duties. No. 18–Deductible loss assessment. Under the current optional coverages endorsement, a unit-owner is restricted to a $1,000 sub-limit for loss assessments resulting from a deductible in the policy purchased by the condominium association. Options for higher sub-limits are being introduced for selection by the unit-owner policyholder. No. 19–Protective safeguards. The interline Protective Safeguards (IL 04 15) endorsement is being replaced by the commercial property Protective Safeguards (CP 04 11) endorsement. The provisions are not much different except for the addition of a symbol and description for hood-and-duct fire extinguishing systems.
No. 20–Food contamination. A new Food Contamination (CP 15 05) endorsement is introduced as an option to cover business income and extra expense losses caused by food contamination. Covered expenses include the cost of cleaning equipment, replacing food, medical testing and vaccination and advertising (separate limit). Corbin is PIACT, PIANH, PIANJ and PIANY’s director of research. —Reprinted with permission from PIA Management Services Inc.— Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright, Insurance Services Office Inc. 2011.
JULY 12 23
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26 JULY 12
A Bri e f H is t o ry of t he
Wisconsin Legislative Session 2 0 1 1 – 2 0 12
(January 7, 2011 to May 3, 2012)
Our state has one of the longest, if not the longest, legislative session of any of the 50 states—an on again off again process that extends over a 16-month period every two years. So, summarizing the just concluded action of the Wisconsin Legislature of 2011-2012, even from just the perspective of insurance-related issues, can be a bit of a challenge. Other states, like Kentucky and Montana, approach legislating very differently. The legislatures in these two states meet only for a few weeks every two years. There are bugs with longer life spans than the Kentucky legislative session.
The PIA Government Affairs Committee has my detailed 24 page report on the PIA’s legislative activity from the just concluded session that is in three parts: (1) The final “Tracking Memo” that reports on the final status of 45 bills of substantial interest to PIA agents and their insurance clients; (2) A “Supplement” report on State Budget insurance-related issues (and a few other bills that did not make the Tracking Memo list) that numbers an additional 39 initiatives, and; (3) A list of 33 healthcare-related issues that PIA worked on in alliance with the Wisconsin Association of Health Underwriters (WAHU). So, adjusting for just a bit of overlap between the 24 pages of these three reports, there were over 100 insurance-related pieces of legislation that we worked on during the Session that concluded with the end of the final veto session on May 3, 2012. Let’s distill all that down a bit and look back over the last year and a half to examine some of the legislative and political highlights and lowlights: 1. The Political Setting—Results of the 2010 November Election The big surprise that came out of the 2010 November elections was not the win by Governor-elect Walker, nor was it the 59 seat dominance of the Assembly elections by the Republicans. What no one saw coming was a transfer of Senate majority control from the Democrats to the Republicans. In one day in November, we went from having a Democratic Governor, and both houses controlled by Democrats to Republicans in control of the entire state government. Who would have expected that a candidate from Wausau, with no prior political experience would beat the Senate Democratic Majority Leader in the fall elections? Along with a couple
By Attorney Ron Kuehn, Legal and Government Relations Consultant to the Professional Insurance Agents of Wisconsin of other surprising Republican wins in the State Senate, the November 2010 election gave Governor Walker-elect a very unexpected Republican control of the State Legislature that set the stage for the passage of historic “Act 10”. 2. The “Early Days” of the Session—January and March 2011 There were some remarkable insurance governance achievements attained by the new state government in the first sixty days of the session. No time was wasted in addressing really big insurance-related issues of tort reform, the deductibility of contributions to health savings accounts and anti-stacking laws. At the request of Governor Walker these bills were introduced and promptly passed as 2011 WI Acts 1, 2 and 14, respectively. After dealing with three really significant insurance issues, the Administration and the Legislature also made good on their pledge to do their part to stimulate job growth. Although the PIA legislative program is all about insurance, we have long recognized that pro-business development programs that assist our insurance customers are often equally important to the growth of our member agents and agencies. So early passage of laws that expanded small business tax credits (Act 5), and relocated business tax credits (Act 3) to stimulate business growth were welcomed. These pro-business initiatives were, later in the session built upon with the passage of legislation that expanded tax credit enhanced Enterprise Zones from 12 to 20 statewide (Act 26), additional jobs tax credits (Act 88), and income tax relief amounting to over $300 million for partnership-taxed-businesses that either manufacture products or grow agricultural products. Some of our business customers did very well during the last session! [continued on page 28] JULY 12 27
A Brief History [continued from page 27] 3. Then Came the Storm—March through June, 2011 The heady success of insurance and business development reforms of early 2011 made it seem that reform and enhancement of business and insurance-related opportunities were unlimited under this new government. Then came the incredible scene that erupted in and around the State Capitol building with the passage of Act 10 changing the public employee union laws. If you only saw the scene at the Capitol in the late winter, spring and early summer of 2011 on TV, then you really can’t appreciate what it was like to view it, daily, up close and personal. The ability of the Legislature to function was severely affected by the daily demonstrations (15,00030,000 people daily was common) and the police presence (sometimes several hundred officers a day engaged in rotating shifts). Somehow, the Legislature managed to pass a State Budget during this unprecedented period of turmoil. The remainder of the legislative process was almost overwhelmed by the noise of the public demonstrations and the shock of preparing for Senate recall elections in July and August. (These recalls, when combined with prior recalls in Wisconsin history, made Wisconsin the undisputed leader in all recalls held in U.S. history. After the conclusion of the recalls set for June 2012, about 40% of all recall elections ever held in the US – both state and federal – will have occurred in Wisconsin!) Some insurance-related matters managed to pass during this period of turmoil, and most of it appeared in the State Budget Bill. Some examples: service contract enforcement by OCI; Group Insurance Board reforms; adjustment of the independent review process for health insurers; the always popular lapsing of “excess” funds collected from agent licensing and insurance companies to the general fund. (OCI is a moneymaker for the Wisconsin taxpayer.) On the health insurance front the PIA continued to work with their insurance agent friends of the Wisconsin Association of Health Underwriters (WAHU) on many issues. But, with limited exceptions, most of the initiatives so important to controlling healthcare costs (rather than the unfortunate focus on healthcare insurance reform created by the federal PPACA) failed to pass. Wisconsin legislative initiatives addressing transparency of PPACA costs, checks and balances on PPACA implementation, small business wellness programs and agent value-added recognition were already showing signs of insufficient legislative support that would result in their ultimate failure to pass during the remainder of the session. 4. The “Second Half” of the Session—July 2011 through May 3, 2012 Although this period of 10 months represents more than half of the 16 months of the legislative session, once the Budget Bill is passed in July, we are clearly in the late stage of any session. A nearly $60 billion bill, of many hundreds of pages, getting the State Budget passed is a monumental undertaking for any Legislature. To have gotten the bill finished by June, with no significant tax increases, in an unprecedented period of political turmoil was a remarkable achievement for this new government. 28 JULY 12
In this second half of the session we saw a return to some semblance of order in the Wisconsin Legislature – although the tension between elected officials of each competing political party remained at Defcon 3. Most bills that the insurance community opposed, uniformly failed to pass in this period, including: limitations on the use of credit reports in P&C underwriting; health insurance mandated coverages; auto insurance repair shop selection prohibitions; other limitations on P&C underwriting (i.e., acts of nature). One bill, insurance on portable electronics sold by unlicensed business agents, passed, but with a coverage limitation successfully initiated at the request of the PIA. Summary Despite the political turmoil of the just concluded legislative session, some significant P&C insurance and insurance customer business reforms were passed. Real healthcare cost reform continues to be shuttled aside by a misguided, nationwide focus on health insurance reform. This was nevertheless a Legislature (and an Administration) that took insurance-related issues very seriously and usually acted on them in a very constructive manner. The PIA has always been very strong on P&C issues. Now, after a full session of working with our health care cost reform allies in WAHU, the PIA is, more than ever, covering the full spectrum of insurance legislative issues in a very effective manner.
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Exposure out of your E&O
p er for m the
Many carriers are reporting an increase in Errors & Omissions claim frequency compared to 2011. One of the biggest increases deals with the cause code failure to provide the proper coverage. One carrier reports that close to 60 percent of its E&O claims are from this one cause code. Often when this cause code is discussed, a significant part of the dialogue concerns the upfront identification of exposures a customer presents. Failure to identify these exposures and subsequently offering insurance proposals to address them has caused, and continues to cause, a significant number of E&O claims.
Make sure the customer knows There is, however, another significant issue resulting in a sizeable number of E&O claims. This concerns the “Mirror Test” or, more precisely, the failure to perform it. Over the last several years, with soft market conditions and the economy, many agencies have found it necessary to remarket their personal and commercial accounts to additional carriers in the hope of getting a degree of premium relief. It is fairly likely if an agent remarketed an account to three additional carriers, the potential exists for differences between the incumbent carrier and these additional markets. In an effort to reduce insurance expenses, a customer might request that coverage be replaced with a new carrier due to the premium savings. While this may appear fine on the outside, what if the coverage with the new carrier is deficient in some areas compared to the incumbent carrier? Maybe the sub-limits are less in some areas or the definition of “who is an insured” is more limited. For example, say you move the account to another carrier and the insured suffers a loss that would have been covered by company A, but is not covered by the new carrier with which you placed the account. When the customer faces an uninsured loss and was not aware of the coverage differences, you may very well be questioned on why the coverage was moved. Practically speaking, if you don’t advise the customer of the differences when you move the account, what would the customer probably think? In all likelihood, the customer would believe the coverage was the same because if it was less, you would have indicated that up front. Bottom line, there is a good chance the customer will say moving the account wouldn’t have been approved if the sacrifice in coverage was mentioned. The key, when you look to move the account to a new carrier, is to identify any coverage differences, bring them to the customer’s attention and seek the customer’s direction.
Highlight the differences Differences between various proposals can be significant. This can involve sub-limits, the coverage grant, specific endorsements, 32 JULY 12
Curtis M. Pearsall, CPCU, AIAF, CPIA President, Pearsall Associates Inc. and Special Consultant to the Utica National E&O Program definitions for areas such as “who is an insured,” what is excluded on one policy compared to another, and the carrier’s rating. An E&O claim developed in recent years where the agent moved the account from a carrier where the premium was handled via an account current bill to one where the premium was paid on a direct-bill basis. The agent was unaware of the change and, thus, the customer was unaware. The account was cancelled for nonpay, a loss occurred and the carrier denied coverage because the policy had been cancelled. Guess who paid? The highly recommended approach is taking all of the carriers you are considering and putting the details on a spreadsheet, noting all of the pertinent issues – limits, sub-limits, coverage grants, etc. Share this spreadsheet with the customer and bring to their attention the detail the customer needs to be aware of. This enables your client to make an educated decision – and that’s the key: the customer sees the differences and decides. At a minimum, bring to the client’s attention the differences between the expiring policy and the other carriers you are considering. You must get the customer’s written approval regardless of the final decision. This will be crucial if an underlying claim later occurs and the customer then learns they didn’t have the coverage they thought. If your client chooses the lower price with the lesser coverage, that’s fine – just get it in writing that they realized they were giving up some coverage. This issue may still be a concern even if you keep the account with the same carrier. This is probably more common or more of an issue with Excess & Surplus Lines business because E&S carriers are not required to provide a conditional renewal notice if they want to add an exclusion on the renewal. In this situation, the important thing (again) is for your office to identify the differences on the renewal policy, bring them to the customer’s attention and get the customer’s sign-off. Due to the nature of E&S, it is best to do this review with the client before binding the coverage, in case the customer subsequently decides they don’t want the coverage. While this detailed comparison is important on all coverages, there are probably more things to consider if you write professional liability and/or D&O. Because no two policies are the same, an issue as subtle as an exclusion on one policy that was not on the other (the expiring) has resulted in a claim being denied, subsequently triggering an E&O claim – all because the customer alleged they were unaware of the difference. Perform the “Mirror Test.” Communicating this analysis and comparison of the differences to the customer and getting a signoff are vital if your agency wants to truly minimize its potential for an E&O claim.
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INSURING PERSONAL AUTO EXPOSURES
After taking this course, students will be able to more effectively advise customers in the processes of analyzing, obtaining, and modifying personal auto and umbrella policies.
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Analyze the Personal Auto Policy and Major Endorsements Owned, Borrowed, and Rented Autos Determining Who is an Insured SEPTEMBER 25 • EAU CLAIRE Personal Umbrella/Excess Liability Minimizing E&O Exposures
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JULY 12 33
CLASSIFIEDS We are interested in purchasing Personal Lines Books of Business as well as entire Agencies. Buyout structure is negotiable for a short-term or long-term relationship. We have the platforms and backroom to provide a smooth transition. Contact Mitch at Jackson Kahl Insurance. All inquiries are kept confidential. Please call 800-524-5467 or e-mail at firstname.lastname@example.org
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34 JULY 12
PIA Young Professionals Club Awards $15,000 in scholarships! The road to a career in the insurance industry became a little smoother for five graduating high school seniors and three college students. The Young Professional Insurance Agents of Wisconsinâ€™s Young Professionals Club (YPC) presented scholarships in amounts ranging from $1,000.00 to $3,000.00 to these deserving young people. The high school scholarships were presented at the Awards Night programs by local PIAW members. The local agents receive great publicity by presenting the checks at those events. The college students will attend the convention in Lake Geneva to receive their checks. This amazing program to help recruit young people into the insurance industry was started a few years ago with a golf outing preceding the annual PIAW convention. From an early goal of $500.00, the program has rocketed
to $15,000.00 this year. The generous sponsorship of Wisconsin Mutual and The Hanover and donations from many other companies, suppliers and individuals have made this one of the most successful agent association scholarship programs in the entire country. We want to commend the tremendous effort and organization of the YPC group to continually improve and expand the pre-convention golf outing for the benefit of our industry. It takes a lot of energy and commitment to organize this event each year. The members of the YPC are:
Derek Mueller, Chilton High School, $1,000.00 presented by PIA member Dexter Sattler.
PIA Board member Rick Clements presented a $1,000.00 scholarship to Brianna Maki at the Wausau West High School awards night.
PIA member John Gorsuch presented a $3,000.00 scholarship to Sarah Hein at the Markesan High School awards program.
YPC Chairman Ryan Von Haden presented a $1,750.00 scholarship to Karie Liegel at the River Valley High School awards night program.
PIA member Mike Ansay presented a $2,500.00 scholarship check to Nick Patterson at the Awards Night ceremonies at Hamilton High School in Sussex.
College Scholarships Charlie Rowe, UW-Platteville, $3,000.00; Justin Zoromski, Chippewa Valley Technical College, $1,750.00; Jade Manley, Winona State, $1,000.
JULY 12 35
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PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC. OFFICERS
DIRECTORS Mr. Rick Clements, LUTCF, MDRT Clements Ins. Agency, Inc. 317 N. 6th St. Wausau, WI 54402 Phone 715-842-1664 Fax 715-848-3337 firstname.lastname@example.org
Mr. Trey Neher, CIC, CISR THZ Insurance Group 1336 E. Wisconsin Ave. Appleton, WI 54944 Phone 920-730-0123 Fax 920-833-6870 email@example.com
Ms. Tracy A. Oestreich, CIC, AU, Vice President Anderson Ins. Associates, Inc. W177N9856 Rivercrest Dr., Ste. 215 Germantown, WI 53022 Phone 262-789-8500 Fax 262-754-6038 firstname.lastname@example.org
Ms. Mary J. Czaja, CIC PIAW National Director CIS Group P.O. Box 321 Tomahawk, WI 54487 Phone 715-453-3366 Fax 715-453-3951 email@example.com
Mr. Steve Rodgers Rodgers Agency 400 E. Cedar St. Pulaski, WI 54162-8828 Phone 920-822-3695 Fax 866-716-1007 firstname.lastname@example.org
Mr. Jeff J. Glass, Treasurer A.F. Glass Insurance Agency PO Box 1149 Lake Geneva, WI 53147 Phone 262-248-5555 Fax 262-248-5544 email@example.com
Mr. Dennis Kuhnke, CIC Jack C. Loyda & Associates, Ltd. 4414 N. Oakland Ave. Shorewood, WI 53211 Phone 414-332-5150 Fax 414-332-7267 firstname.lastname@example.org
Ms. LouAnn Herriges, CIC, CISR Secretary Johannesen-Farrar Inc. P.O. Box 347 Delavan, WI 53115 Phone 262-728-2631 Fax 262-728-2312 email@example.com
Mr. Brian MacGillis MacGillis Agency, Inc. 13745 W. Capitol Drive Brookfield, WI 53005 Phone 262-790-0000 Fax 262-790-0004 firstname.lastname@example.org
Mr. Dennis Rupers, CIC, CISR Don Rick, Inc. PO Box 465 Portage, WI 53901 Phone 608-742-5548 Fax 608-742-5540 email@example.com Ms. Kori Sagen Sagen & Associates 1002 1st Center Avenue Brodhead, WI 53520 Phone 608-897-9100 Fax 866-803-5135 firstname.lastname@example.org
Mandy Behrens Administrative Assistant email@example.com Darcy Brown Member Benefits Coordinator firstname.lastname@example.org Heather Falk, CISR Bookkeeping email@example.com Becca Prestbroten Special Project Coordinator firstname.lastname@example.org Brenda Steinbach Education & Convention Director email@example.com
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STAFF PIA of Wisconsin, Inc. 6401 Odana Road Madison WI 53719 Phone: 608-274-8188 Toll Free: 800-261-7429 Fax: 608-274-8195 Toll Free Fax: 866-203-7461 www.piaw.org
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Mr. Alan Breitenfeldt, CIC, President Community Ins. & Associates LLC PO Box 236 Iola, WI 54945-0236 Phone 715-445-3165 Fax 715-445-4660 email@example.com
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What does it take to join The Society Team?
While other insurance teams recruit by size, at Society速 Insurance we focus on the intangibles. Our playbook revolves primarily around niche and workers comp insurance. And our philosophy is to find agents that are the best fit for our team. So rather than recruit by the size of the agent or agency, we prefer to find teammates that can execute our game plan to perfection.
rive elot D m a 6 150 C x 1029 5493 o I B . W O c, P. du La Fond SOCIETY 5) 888- 76-2438 com -5 e. (888 insuranc y t socie
6401 Odana Road Madison, WI 53719 Change Service Requested
Professional Insurance Agents of Wisconsin, Inc. 6401 Odana Road • Madison, WI 53719 (608) 274-8188 • (800) 261-PIAW • FAX (608) 274-8195 • TOLL FREE FAX: (866) 203-7461 www.piaw.org
MEMBERSHIP APPLICATION Agency Name_______________________________________________________________________________________________________________ Street Address_______________________________________________ PO Box_______________________________________________________ City, State, Zip_______________________________________________ County_______________________________________________________ Phone_______________________________________________________ FAX_________________________________________________________ E-mail Address_______________________________________________ Website Address______________________________________________
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The Primary Contact will receive a copy of the Wisconsin Professional Agent magazine and all mailings from PIA State and National. The Primary Contact will have voting privileges at both PIA State and National.
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Calculate Membership Amount Due:
Part-time employees count as one-half. If count ends in half, drop half. # Owners_________+ # Producers_________+ # Licensed staff_________+ # Unlicensed staff_________= Total Agency Size_______________ DUES SCHEDULE Total Agency Size $Amount Total Agency Size $ Amount 1 335 16 890 2 375 17 930 3 415 18 965 4 450 19 1005 5 490 20 1030 6 525 21 1070 7 570 22 1105 8 605 23 1145 9 640 24 1180 10 675 25 1220 11 710 26 1255 12 750 27 1295 13 780 28 1330 14 815 29 1370 15 855 30 & Over 1400 I certify that the information on this application is true and correct. Signed_______________________________ Dated_______________________
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