PROFESSIONAL AGENT
GROW with TRICOR insurance
David Fritz, CPCU President & CEO, TRICOR Insurance
(608) 473-1045
growwithus@tricorinsurance.com
Why agency owners choose TRICOR Insurance
• Flexible partner agreements including the ability to continue to grow your equity
• Gain the ability to retain local ownership while at the same time reallocating some of your assets at a time when valuations are high
• A dedicated integrations team that supports your agency’s onboarding
• A leadership team that values results, employee engagement, & local community support
• Access to agency-shared services: information technology, accounting, licensing & contracting, reporting & data analytics, human resources including benefits administration, marketing, & more
• Access to resources such as safety & human resources consulting
• State-of-the-art technology platforms & data analytics such as Salesforce, Indio, & more
• A strong focus on financial strength, backed by JC Flowers, a robust private equity capital group with strong ties to investing & growing businesses in the Midwest, supports our future growth
Contact us for a
EDUCATE
We are a community of independent agents and other dedicated insurance professionals, working to promote and improve the independent agency channel. Our mission is to support the advancement and excellence of all independent agencies.
We are the premier association for insurance education in Wisconsin. Grow your knowledge and your bottom line, at our education sessions. Whether you want to pursue a CIC, CPIA, CISR or CRM designation, or just meet your bi-annual Wisconsin CE requirement, you have come to the right place.
ADVOCATE
With lobbyists representing you in Madison and in Washington, D.C., PIA is looking out for your interests and promoting the independent agency channel within state and federal government. Our goal is a regulatory environment that allows your agency to grow and prosper.
COLLABORATE
PIA is a place for you to collaborate with, and learn from, other agents and many other professionals in the industry. Starting an agency? We’ve been there. Growing an agency? We’ve been there. Considering a new agency management system? PIA members have been there. Whether at our PIAW Winter Get-Away event in Minocqua, Annual
Golf Outing or dozens of other events, you can collaborate
other professionals who have “been there.”
FROM THE PRESIDENT
The PIAW is focused on offering a number of different avenues for collaboration that appeal to our broad base of members.
LACEY ENDRES,
President PIA of Wisconsin
CIC
COLLABORATE
The last of our three pillars, and potentially the most important to us as agents, is ‘Collaborate.’ Many things have changed in the insurance industry over the past several decades, but one thing has absolutely stayed the same: Insurance is still a relationship-based industry. Who you know and how well you know them goes a long way, and we do our best at the PIAW to foster opportunities to connect insurance agents, insurance carriers and key stakeholders to ensure that our relationship-based industry continues to thrive.
Collaboration at the PIAW is extremely important to the staff and the board of directors. It is something that we spend a lot of time planning opportunities for and is vital for several reasons.
1. Professional Development and Networking: Through our focus on education and by offering numerous continuing education courses and designations, we help members stay up to date on industry trends and foster professional relationships that can be valuable for career growth and business opportunities.
2. Knowledge Sharing and Best Practices: In offering a space to connect, our members can share their experiences, insights and best practices that foster a culture of continuous improvement.
3. Advocacy and Representation: One way that we learn about our industry’s areas of concern and legislative priorities is through conversations that occur at our gatherings. Sharing our collective experiences with each
other helps generate a unified voice for pushing for legislative and regulatory changes.
The PIAW is focused on offering a number of different avenues for collaboration that appeal to our broad base of members. Ideally each of our members has successfully identified one (or more!) of our collaborative options to meet their needs.
1. Educational opportunities: Our education calendar is saturated with numerous opportunities, including designation courses, coverage webinars and graduate classes. These courses are offered in person or online and provide an outstanding opportunity to learn and connect with peers in the industry. Check out the 2024 calendar of courses on PIAW.org.
2. PAC Clay Shoot: For the past five years, we have hosted our PIA PAC Clay Shoot at Milford Hills Hunt Club. This event brings together hunting and shooting enthusiasts to raise money for our political action committee fund that supports candidates for state elective offices. Make sure to check out the photos from the event later in this issue!
3. Engage - Annual Convention:
Once a year we have our formal convention where we spend time coming together with agents from across the state for some fun and connection. In addition to our opening night festivities, we hold our annual business meeting, celebrate award recipients, offer professional development, hear from educational speakers, install new officers, and get updates from our National President. Come join in on the fun this year in Green Bay at Onieda Hotel on October 16th and 17th!
Workers’ Compensation
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4. Winter Get-Away: One of our most popular events is our annual Winter Get-Away hosted in Minocqua, WI. During this Northwoods getaway, we offer TEN continuing education credits between multiple networking opportunities that are fun and engaging. The event is beloved by agents and continues to grow. Make sure to mark your calendar for the 15th Annual Winter Get-Away on January 29th – 31st, 2025!
5. Scholarship Golf Outing: Each summer for the past 20 years, we have hosted a golf outing that brings people together to raise money for scholarships for high school and college-aged students interested in careers in the insurance industry. We hope you’ll join us this summer at Trappers Turn in the Wisconsin Dells on August 1st!
6. YPI Network Events: Our Young Professionals Insurance Network (YPI Network) hosts numerous
events each year to bring together individuals who are young in age or young in their insurance careers to focus on connections, cultivate their skills, and support each other’s growth and development. They have hosted different panels to discuss how to grow your career in insurance and how to tackle the hard market. Their new “Monthly Mixers” are casual get-togethers each month at rotating locations for catching up with fellow industry members. Learn more about their events at https:// members.piaw.org/ypinetwork.
7. Wisconsin Professional Agent Magazine: If you are interested in staying up to date on current issues impacting the insurance industry, our magazine (offered both electronically and in a hard copy) is for you. This publication offers a look into the events hosted by the PIAW, gives shout outs to insurance companies and agencies giving
back to their communities, and shares pertinent insight into topics impacting the insurance industry.
8. PIAW Newsline: Each week, the PIAW sends an email with pertinent topics impacting the insurance industry. If you want a quick snapshot of some of the biggest insurance-related articles from the week, this email is for you. If you don’t currently receive this email, you can sign up by emailing Nataile at nwhite@piaw.org.
In offering such a wide variety of opportunities to collaborate, each of these options likely reaches a different audience. Some people may participate in them all, while others may pick and choose those the best meet their needs. Our hope is that these efforts ultimately lead to higher levels of collaboration between our insurance professionals which results in a more resilient and innovative insurance sector that we all can benefit from.
Effective advocacy campaigns have three parts: Lobbying, Political Giving and Grassroots Action.
PETE HANSON, CAE, CISR Executive Director PIA of Wisconsin
EFFECTIVE ADVOCACY
Advocating for independent agents is an important part of our mission. You see it mentioned as one of our three pillars, in the PIA of Wisconsin logo. Our President, Lacey Endres, wrote an excellent column on it for our May/June issue, detailing our many advocacyrelated activities. Her column inspired me to write about it, too, and explain what it takes to be successful at advocacy.
Effective advocacy campaigns have three parts: Lobbying, Political Giving and Grassroots Action. Like a three-legged stool, they don’t work without all three.
Lobbying: PIA has registered lobbyists in both Madison and in Washington, D.C., because we need to advocate at both the state and federal levels. Most of the insurance-related regulation happens at the state level, but labor laws, taxes and other business-limiting regulations hit us from both levels. Additionally, our federal lobbyists follow all model legislation that is discussed and developed by organizations such as NAIC and NCOIL. Those are public policy ideas that could later be proposed as legislation at the state level.
Lobbyists are paid to navigate the policymaking processes in the Capitol and to explain an organization’s policy priorities to government officials. Communications Director Natalie White and I are your state-level lobbyists. Natalie worked in the Wisconsin Senate for four years, before she came to PIA. I worked in both the Assembly and the Senate, for a total of 12 years, and I’ve been lobbying for different organizations for nearly 20 years, now.
Political Giving: PIA has political action committees (PACs) operating at the state and federal levels. We started our state PIA-PAC five years ago, right after I joined the PIA staff. We started our annual PAC Clay Shoot event to fund that PAC, and we recently raised $14,000 in PAC money at our fifth annual event.
As a result, we expect to reach nearly $30,000 in political giving in the current campaign cycle! Those funds will help to elect lawmakers who are supportive of policies important to independent agents and small businesses, in general. You can make a difference by donating to PIAPAC at https://www.piaw.org/donate-topia-pac-conduit/.
Grassroots Action: This last leg of our advocacy efforts is where I believe we need to up our game. “Grassroots” is a term that describes local citizens reaching out to elected officials who represent them. It can be done by email, phone, text or face-to-face meetings. It can even be done in the stands of a baseball game or the line at a grocery store. It is communication between citizens and the officials who represent them in the government. The purpose is to show policymakers the impact of laws or proposed laws on the people they represent. We also want to show lawmakers the good that we do for consumers and our communities, so they see our value above and beyond just being voters.
It is in this vein that we are working to build an impactful Advocacy Day event that will bring independent agents to the Capitol to meet with policymakers. We held a PIA Advocacy Day in 2023, at the start of the recent legislative session, where we were able to meet with about thirty lawmakers’ offices in one day.
We are currently working with IIAW to plan a bigger, better Advocacy Day that will include Big I members and PIA members from across the state, all together, advocating for independent agents in the Capitol in Madison on March 12, 2025. You will hear more about this from PIA as we get closer to 2025, but we hope to have 100 agents in the Capitol that day and meet with more lawmakers than ever before. Please mark that date on your calendar and plan to join us in Madison!
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When you select West Bend for your valued customers, you can rest assured you made the right choice. After all, we are the best remedy for workers’ compensation.
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Many factors, beyond the control of the business owners, have made a significant impact on their ability to run their business.
ERIC LEWISON, CIC Past President Liaison PIA of Wisconsin
THE MORE TIMES CHANGE, THE MORE THEY STAY THE SAME…
As a long term member of the PIA of Wisconsin, it was a pleasure to be part of the YPC Committee and Board of Directors back in the early 2000’s and serve as your President in 2004-2005. It was exciting for me to get involved and be part of the teams that started the golf outing at convention and then the Winter Getaway with my friend Jeff Glass. Admittedly, these things were met with some resistance, but in the end we were allowed to try these things. The events have been carried on by the committees and the boards after us and it has truly been a pleasure to see.
In the fall of 2023, I received a call from your current president Lacey Endres to serve a year as your Past President Board Liaison and was happy to accept the position to participate and also see how things have “Changed”. The Past President Liaison position is a case in point of your board of directors thinking “outside the box” and tapping into others as a source of experience and knowledge as needed.
The More Times Change, the More They Stay the Same. Certain things are still a constant whether it was 20 years ago or today in our board meetings. The things like Convention, Education and recognizing our Sponsors have always been a priority and the “Same” for PIAW, but what else has “Changed” or stayed the “Same”?
Convention format has certainly “Changed”. As the world evolves, time seems to be our most valuable asset and where people want to spend it has changed. The shorter and more focused event certainly is a sign of the times. What has stayed the “Same” is the value of networking with our colleagues,
building relationships and getting a chance to know people outside the office setting.
Education needs have “Changed”. As a long term CIC since back in the 90’s, back when the internet was opening our eyes to new ways of doing things the idea of an online CIC was met with a chuckle and a “never going to happen” type answer by most of us. Now our educational options feature online opportunities which help meet our time constraints and are highly effective for many. There have also been “Changes” on the types of educational needs with all the technology and exciting topics like Artificial Intelligence. What has stayed the “Same” is the strong focus that our education program is for PIAW and of course the strong leadership of Brenda Steinbach in that area.
Sponsors probably fall more on the side of the “Same”. PIAW has always valued our Sponsor - Association relationship. Our sponsors are a very critical part of PIAW’s long term success and are certainly appreciated by all of the membership.
Technology continues to “Change” our world and how we do things. I am not here to debate the Pro’s and Con’s of what is out there as I think we all realize the benefits and our ability to do more with the time we have. The thing I will say is that contrary to what “they” were saying about the internet and that it would replace the Independent Agent, we’re still here as the “Same” trusted advisor your customers appreciate! I am still looking for that “they” person but I am sure they are convinced Artificial Intelligence will replace us too. We’ll see.
Advocacy has stayed the “Same”. The Board and our Executive Director have always placed a lot of effort in protecting the agency system at both the state and federal level. What has “Changed” is better collaboration with the IIAW in this area, recently.
Agency Perpetuation is necessary as none of us will live forever. The need for proper planning has stayed a “Same” as time goes by way too fast and if you are not careful, a healthy transition may be in jeopardy. The options have been varied with family perpetuation, internal sales to key employees or consolidation with other agency partners. What has
“Changed” includes the addition of the mega agencies or so called “Aggregators” and agencies with Private Equity Investors. I am not here to tell you which is the right one for you but more so to do your homework and not just assume one is better than another and that you do have more than one option no matter the size of your agency. There are many creative arrangements out there that may be a better fit for you than you ever imagined. This is your life’s work, so look at all the opportunities and position yourself well with your carriers and colleagues as it will pay off. I remember our father telling my brother and I “So what is your
perpetuation plan?” about 10 minutes after we bought his agency when we were just trying to figure out how we were going to pay him over the next 10 years! It did serve as very good advice and was always on our mind over the last 15 years up to the point of us joining our new agency partner.
I would like to thank Lacey again for asking me to participate on your 2023-2024 PIAW board and even though some things have “Changed.” I am happy to have observed your current board of directors has the “Same” objective in mind after all these years and that is the membership’s best interest.
Rather than attempt to be all things to every kind of business, we focus on the ones we know best—restaurants and bars, grocery and convenience stores, medical clinics, artisan contractors and auto service shops—to deliver outstanding property, casualty and workers compensation insurance. Deep niche expertise, with insight into unique business risks, is how we cover the details that make the biggest difference to our policyholders. To discuss an agency appointment, give us a call at 888.5.SOCIETY or visit societyinsurance.com.
H CAPITOL UPDATE
NATALIE WHITE
Communications Director
NEW MAPS = NEW DYNAMICS
As I have discussed in previous issues, the Wisconsin Supreme Court ordered new district maps to be adopted in a ruling late in the recently adjourned legislative session. With the option to adopt one of the maps submitted approved by the court or leave boundary lines to further discretion of the courts, Republican legislators led their caucuses to adopt the maps they thought would be the best of the options on the table – Governor Evers’ maps. With Governor Evers’ maps passed by both houses and signed into law, they will be those in effect for the 2024 election cycle.
The new maps are drastically different than those that have been in place since 2012. They will cause a major shift in the partisan makeup of the state Senate and Assembly, in the next and future sessions. Needless to say, there are new dynamics at play in this election cycle.
The new maps move boundaries, change the partisan makeup of districts, shift incumbents into new districts, and pair some incumbents together. With all of these changes at play, there have been significant developments almost daily – over the past few months. Legislators have moved to new districts. Incumbents have challenged each other in primaries. New candidates emerged to challenge incumbents weakened by district boundary changes.
Several longtime legislators have announced their retirements, including Wisconsin’s longest-serving lawmaker, Sen. Rob Cowles (R – Green Bay). A few legislators are even moving in order to run for the district they already represent, including Sen. Joan Ballweg (R – Markesan), and Rep. Pat Snyder (R – Schofield).
The new maps have changed the partisan makeup of the districts in both houses enough that there is the potential to flip the majorities and legislative leadership.
In order to maintain their current majorities, Republicans will need to win all seats with a Republican tilt, 4 out of 9 competitive seats in the Assembly and 2 out of 6 competitive seats in the Senate. Democrats have a much smaller gap to close now, but still have a big lift to take the majority. They would need to win all seats with a Democratic tilt, 6 out of 9 competitive districts in the Assembly, and 5 out of 6 competitive seats in the Senate. In the Assembly, Republican incumbents currently hold four of the nine competitive seats, where the incumbent advantage may help them hold a seat that has a slight Democratic lean. There will be many close races to watch, with just a point or two separating the historical performances of major-party candidates in many seats.
With the filing deadlines in the rearview mirror and candidates hitting the campaign trail, the road to November has been set. A contentious Presidential and U.S. Senate election will undoubtedly influence the outcome of state races through turnout. However, it will remain to be seen whether that turnout will be high or whether recent low favorability numbers will impact voters’ motivation to head to the polls. Either way, it is easy to say that this year’s election will have sweeping impacts from the top of the ticket to all the races statewide.
Continue to stay up to date with Wisconsin politics and PIA legislative activities in the Wisconsin Professional Agent and with updates on the PIAW Blog at piaw.org.
Eye on the Law
ALERT: FTC Non-Compete Rule a Game Changer
Attorney Judd A. Genda | Attorney Robert C. Procter | Axley Brynelson, LLP
The Federal Trade Commission (FTC) has issued its final Non-Compete Rule, slated to take effect on September 4, 2024. This groundbreaking regulation prohibits employers from entering, enforcing, or attempting to enforce postemployment non-compete clauses. It also invalidates existing non-compete agreements, with limited exceptions. As expected, several legal challenges to the rule have already been filed, potentially delaying its effective date or leading to its eventual overturning. But as of now, the rule remains set to go into effect as scheduled.
Non-Compete Clause Defined
In the insurance industry, contracts often feature noncompetition, non-solicitation, non-disclosure, anti-piracy, and other restrictive covenants. Under the new FTC rule, a noncompete clause is defined as:
A term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from:
1. Seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or
2. Operating a business in the United States after the conclusion of the employment that includes the term or condition.
The rule clarifies that “term or condition of employment” encompasses any contractual term or workplace policy, whether written or oral. Thus, the rule bans clauses restricting a former employee from employment with named competitors, from employment with businesses offering similar services within a geographic area, or from providing competitive work within specifically named territories.
Non-Solicitation and Non-Disclosure Clauses Are Not Prohibited
The rule does not ban non-solicitation clauses that restrict a former employee from soliciting customers of the employer. It also does not ban non-disclosure clauses that prohibit a former employee from divulging confidential information such as customer contacts, pricing, methods, and other forms of proprietary information. However, these provisions remain subject to state laws that may limit their scope with respect to former employees.
The Rule Applies Retroactively
The new rule will ban all non-compete clauses regardless of when the agreement was signed (including those signed before the effective date of the new rule), except for those related to senior executives.
Exception for Senior Executives
Employment agreements with senior executives—defined as those in policy-making positions earning at least $151,164 in the preceding year—are exempt and can remain in effect after the rule’s effective date. But non-compete clauses cannot be included in new employment agreements with senior executives after implementation of the rule.
Bona Fide Sale Exception
Non-compete clauses between a seller and purchaser pursuant to a bona fide sale of a business entity, ownership interest, or all or substantially all of a business’s operating assets are exempt. Therefore, the new rule does not prohibit traditional non-compete provisions in agency or book of business sale transactions.
Current Violations of Non-Competes
The rule does not apply to prohibit enforcing a non-compete when the violation occurred prior to the effective date of the rule.
Duty to Inform Employees
The rule requires employers to provide clear and conspicuous notice to employees by its effective date that their noncompete clause will not be, and cannot legally be, enforced against the employee. The rule contains model language for the notice.
Conclusion
Insurance agents should closely monitor the legal challenges to this new rule. If it withstands scrutiny and goes into effect, you must notify individuals subject to non-compete provisions. Review your current agreements to ensure compliance. Similar protections may be often achieved through non-solicitation and enhanced non-disclosure provisions. It is crucial to comply not only with the new FTC rule but also with relevant state laws.
Home-Sharing Concerns in ISO Homeowners Forms
| By Samuel T. Bennett, CIC, AFIS, CPRM, CRIS, CPIA
The sharing economy is commonly defined as a peer-to-peer process that facilitates the sharing of access to things others want. The sharing economy has been with us since man determined that some of us have the ability to offer services, property and even skills desired by others. In modern times, we have developed more streamlined ways to bring these parties together.
This article will concentrate on our clients who make their property – both real and personal – available to others. It is easy to recognize the myriad concerns that such sharing poses to the individual offering their property to others – both for property risk and for liability risk. As our clients rely on us to finance their uncertainty (risk) with insurance, the insurance professional MUST understand how the coverage forms and endorsements they have written will (or will not) respond. We will review a small part of the sharing economy – home-sharing – and how the most broadly-written homeowner (HO) coverage forms ‘work’ for this exposure.
There are over 5,000,000 Airbnb hosts worldwide. In 2023, over 448,000,000 nights were booked through the platform. This number has nearly doubled over the past five years, and Airbnb is only one of several platforms where a guest can book a yard, pond, couch, room, deck, dock, outbuilding, pool, house or nearly any property that one party wishes to make available and another party desires to use.
ISO’s most current HO revision introduced the 03 2022 version of this very popular coverage form. Not all carriers are ISO and not all carriers have adopted this most current form, but suffice it to say that even carriers offering their own (proprietary) forms have fallen into step on the exposures of home-sharing, either by building similar language into their HO or by introducing endorsements that reflect ISO’s approach to these exposures.
The ISO HO has two distinct coverage parts – Section I – Property Coverages and Section II – Liability Coverages. Home-sharing challenges both coverage parts by using definitions that transform much property into “property not covered.” These definitions also feed exclusions as to liability for home-sharing activities. Keep in mind that, when liability coverage is not afforded, defense protection is also eliminated. Simply stated, once property and liability coverages are eliminated for these activities, the HO policy essentially becomes an expensive paperweight.
How does this coverage form so thoroughly eliminate vital coverages? First, we must explore new and revised definitions found in the 2022 versions of the HO2, HO3, HO4, HO5, HO6, HO8 and the newly introduced HO14.
“Home-sharing host activities” is defined as the rental (or holding for rental or mutual exchange of services) of the “residence premises,” in whole or in part, by an “insured” to a “home-sharing occupant” using a “home-sharing network platform.” The definition also includes any other related property or services made available by an “insured” during such rental. You will note that this definition introduces two additional, very important definitions.
“Home-sharing network platform” means an onlineenabled application, website or digital network that is used for the purpose of facilitating the rental of a dwelling or other structure (in whole or in part) and allows for the agreement and compensation to be transacted through the platform. Can you say Airbnb, VRBO, Couchsurf, etc.?
“Home-sharing occupant” means a person, other than an “insured” who has entered into such agreement with an “insured” using a “home-sharing network platform” for “home-sharing host activities.” This definition also includes any person accompanying or staying with the person described above – their spouse, children, relatives and guests, for example.
In addition to these new definitions, the definition of “business” has been revised in the 03 2022 ISO HO to now include “home-sharing host activities.” This revision is found in the first layer of the “business” definition and, in this layer, no mention is made as to a compensation threshold. As such, regardless of whether income has actually been achieved for these activities, they fall within the definition of “business.” This definition is later used in Section II – Liability to feed the “business” exclusion in this coverage part. Please remember – no liability coverage means no defense.
The challenges these activities present for personal property in Section I begin with addressing the broadening of Coverage C – Property Not Covered. Added to the long list of property not covered is property of a “homesharing occupant” as well as the property of any person who accompanies that person. Also added to this list is your insured’s personal property while in a space rented to a “home-sharing occupant” and your insured’s personal property used primarily for “home-sharing host activities.”
Coverage D – Loss of Use is also adversely affected by these activities. Fair rental value is eliminated for that part of the “residence premises” arising out of or in connection with “home-sharing host activities.”
Perils Insured Against are dramatically altered when our clients engage in home-sharing activities. Coverage A –Dwelling, Coverage B – Other Structures and Coverage
Voted on by our Employees, Robertson Ryan was recognized as a 2024 Top Workplace by the Journal Sen nel.
C – Personal Property lose coverage for theft, vandalism and malicious mischief, if such loss arises out of or results from “home-sharing host activities.”
Also very concerning is how home-sharing activities adversely affect Section II – Liability Coverages. Coverage E – Personal Liability and Coverage F –Medical Payments to Others do not apply to “business” – with a few very specific exceptions. As the definition of “business” now includes “home-sharing host activities” and none of the exceptions apply, coverage and defense are eliminated when an “insured” is engaged in the defined activities. When the HO 24 82 Personal Injury endorsement is included, the coverages provided by the endorsement DO NOT APPLY when an “insured” is engaged in home-sharing activities. Please note – it is very likely that no coverage in the required underlying HO liability will mean no coverage (and no defense) in any personal umbrella/excess policy written for that client.
ISO has released several broadening endorsements to address some of the issues associated with home-sharing. For the HO3, endorsement HO 06 63 must be carefully reviewed to determine if it is sufficient for that client’s risk. More likely, as home-sharing is a commercial venture, properly written commercial property and liability forms are a better option. The insurance professional must follow the tenants of effective risk management: identify, analyze, control/finance and administration in developing an effective risk management plan for these clients.
NATHAN HOUDEK Commissioner of Insurance
APRIL 2024
Allegations & Actions Against Agents
Nacharra Blackmond, 921 S. Whitney Way, #2, Madison, WI 53711, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to report a criminal conviction to OCI, and in violation of a previously issued warning letter.
Tommy Boykin, PO Box 621041, Charlotte, NC 28262-0117, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to report an administrative action taken by another state.
Agnes T. Collins, 1751 Emerald Creek Dr., Florissant, MO 63031-2050, had her insurance license revoked. This action was taken for failing to pay a previous forfeiture when due.
Daren Davis, 1550 Sawgrass Corporate Pkwy., Sunrise, FL 33323-2818, had his application for an insurance license denied. This action was taken based on allegations of regulatory actions taken with respect to an occupational license held in another state, having an insurance producer license denied in another state, and other conduct evidencing untrustworthiness or incompetence pursuant to s. Ins. 6.59 (5)(d), Wis. Adm. Code.
Peter A. Earp, 20681 Dyers Pass, Farmington, MN 55024-1037, had his application for an insurance license denied. This action was taken based on allegations of having regulatory action taken against an occupational license by the Financial Industry Regulatory Authority and using fraudulent or dishonest practices in the conduct of business.
Michael Franklin, 11392 S. Red Cardinal Way, South Jordan, UT 84009-1257, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to disclose administrative actions on a licensing application.
Grant M. Gibson, FX Insurance Agency, LLC, PO Box 1748, Grand Rapids, MI 49501-1748,
OCI ADMINISTRATIVE ACTIONS
Madison, WI—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.
was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to timely disclose administrative actions.
Elijaah Goins, 4735 N. Scottsdale Rd., Apt 304, Scottsdale, AZ 85251, agreed to the surrender of his Wisconsin insurance license. This action was taken based on allegations of making misrepresentations on insurance applications and lacking the character required of insurance intermediaries.
Mark S. Golden, 550 Graham Ave., Apt. 403, Eau Claire, WI 54701, had his application for an insurance license denied. This action was taken based on allegations of providing inaccurate information on a licensing application and failing to disclose administrative actions on a licensing application in violation of the terms of a Stipulation and Order.
Ray L. Leatherwood, 25860 W. 104th Terr., Olathe, KS 66061, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report administrative actions taken by other states.
Jonah J. Lewis, 228 W. Hill St., Apt. 3307, Chicago, IL 60610-3639, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to timely disclose administrative actions.
Monica Manriquez, 651 S. Wells St., Apt. 106, Chicago, IL 60607-4748, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report administrative actions taken by other states.
Paige McDermott, 1169 Cass St., Green Bay, WI 54301, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to report administrative actions taken by other states.
Larry Morris, 6542 N. Woodstock St., Philadelphia, PA 19138, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report
administrative actions taken by other states.
Ashley N. Mulford, 3111 N. University Dr., Ste. 608, Coral Springs, FL 33065-5060, agreed to a restitution payment to a consumer. This action was taken based on allegations of misrepresentation and unsuitability in the sale of an insurance product.
Shawn C. Newman, 546 Ballough Rd., Daytona Beach, FL 32114, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of misrepresentation and unsuitability violations in the sale of health insurance.
Travis Paquette, W7460 Towns Rd., Niagara, WI 54151-9775, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely disclose a criminal proceeding.
Amado Rogers, 240 Jamil Rd., Apt. 47, Columbia, SC 29210, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely disclose administrative actions taken by the State of Illinois.
Richard H. Sharrieff, 534 Sheridan Sq., Apt. 202, Evanston, IL 60202-3172, was issued a forfeiture of $500.00. This action was taken based on allegations of misrepresenting a past administrative action on a licensing application.
Elvis Tinaj, 54347 White Spruce Ln., Shelby Township, MI 48315, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report administrative actions taken by other states.
MAY 2024
Allegations & Actions Against Agents
Stacey A. Adams, 10161 Dixie Hwy., Apt 3, Ira, MI 48023, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report an administrative action taken by another state.
Jennifer L. Allen, 1763 Hillside Ct., Grafton, WI 53024, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
John D. Anderson, 128 Glen Arven Dr., Leesburg, GA 31763-5367, agreed to pay a forfeiture of $250.00. This action was taken based on allegations of failing to maintain an active performance bond.
Zachary Biggs, 25171 Chestnut St., Taylor, MI 48180, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to respond to requests for information from OCI.
Katherine J. Boyd, 1115 W. Pleasant St., Ste. 1, Portage, WI 53901, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Cathy Bramlett, 214 Grace St., Ste. C, Dodgeville, WI 53533, agreed to pay a forfeiture of $5,000.00 and agreed to complete 12 additional continuing education credits. These actions were taken based on allegations of selling an unsuitable life insurance product.
Alan Charing, 7134 N. Campbell Ave., Portland, OR 97217-5614, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to report an administrative action taken by another state.
Javon J. Dawson, 25036 Sherwood Cir., Southfield, MI 48075, was ordered to both pay a forfeiture of $500.00 and provide information to OCI regarding administrative actions taken against him. This action was taken based on allegations of failing to timely report administrative actions to OCI.
Colleen M. Egan, 8400 Callie Ave., Unit 407, Morton Grove, IL 60053-5006, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Gina Elizondo, 611 Chamomile, San Antonio, TX 78245-2413, agreed to permanently surrender her license. This agreement was based on allegations of failing to report an administrative action taken by another state.
Rebeca Erickson, 7607 15th Ave., Kenosha, WI 53143, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Isaac Gappy, 7306 Village Square Dr., West Bloomfield, MI 48332, agreed to the permanent revocation of his Wisconsin insurance license.
This action was taken based on allegations of making misrepresentations in the sale of insurance products, recommending unsuitable life insurance policies, and lacking the character required of insurance intermediaries.
Larry A. Golden, 711 Alexander St., Killeen, TX 76541-5607, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Michelle M. Hamilton, W7069 Gemini Way, Fond Du Lac, WI 54937, had her application for an insurance license denied. This action was taken based on allegations of criminal conviction substantially related to insurance marketing.
Sterling C. Hirsch, 13137 5th St., Yucaipa, CA 92399-5003, agreed to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely report an administrative action to OCI and failing to respond to OCI’s inquiry regarding the same.
Francisco Jaimes Bautista, 146 N. Elm St., Kimberly, WI 54136, had his application for an insurance license denied. This action was taken based on allegations of having criminal convictions that may be substantially related to the circumstances of holding an insurance license and failing to disclose a criminal conviction on a licensing application.
Christopher A. Khoury, 2038 Crosby Dr., Forney, TX 75126-5135, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report an administrative action taken by another state.
Gary A. Kieper, N4694 River Rd., Antigo, WI 54409-9272, had his insurance license suspended pending the outcome of an administrative action. In order to protect the public, the Commissioner issued a summary suspension preventing the Respondent from engaging in insurance business which was consistent with the bond conditions of a separate pending criminal matter.
Gary A. Kieper, N4694 River Rd., Antigo, WI 54409-9272, agreed to the permanent revocation of his Wisconsin insurance license. This action was taken based on criminal allegations that prevented him from engaging in the business of insurance.
Jillian A. Kuczenski, 14091N Cook Rd., Cable, WI 54821, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Charles J. Lawson, 1915 Plaza Dr., Ste. 100, Eagan, MN 55122, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Christian Martin, 2052 N. 1st St., # 3, Milwaukee, WI 53212, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Khari N. Merritt, N55W17607 High Bluff Dr., Unit A, Menomonee Falls, WI 53051, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Shelia Merriweather, 5337 N. Long Island Dr., Apt. 2, Milwaukee, WI 53209-5049, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Jeff E. Pope, 3073 Secretariat Ct., Aurora, IL 60502-8631, was issued a forfeiture of $500.00. This action was taken based on allegations of providing incorrect information on a licensing application.
Wendy A. Rivera, 914 Taft St., Kaukauna, WI 54130, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Michelle D. Tate, 7003 Windy Run Ct., Spring, TX 77379-8263, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to respond promptly to inquiries from OCI regarding her criminal history.
Joseph M. Tenuta, 303 E. Wacker Dr., Ste. 2840, Chicago, IL 60601, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.
Martina Thomas, 3130 N. 44th St., Milwaukee, WI 53216-3540, had her application for an intermediary license denied. This action was taken based on allegations of failing to disclose past criminal convictions.
Caprice Vaughan, 6365 Dorchester Trl., North Richland Hills, TX 76182-4508, was issued a forfeiture of $500.00. This action was taken based on allegations of failing to timely report an administrative action taken by another state.
Raheem Waiters, 13300 S. Cleveland Ave., Ste. 56, Fort Myers, FL 33907-3871, was ordered to pay a forfeiture of $500.00. This action was taken based on allegations of failing to timely report an administrative action taken by another state.
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 toll-free telephone number: 1-800-236-8517.
COMMUNITY CORNER
How are you and your agency or company helping your community? Community Corner showcases what individual members and agency/company members are doing to help make Wisconsin a great place to live and run a business. Share your volunteer story with us – shoot an email and photos of the action to nwhite@piaw.org!
PIA SPENDS THE DAY WITH SECOND HARVEST
Prior to PIA’s June Board of Directors meeting, members of the board and PIA’s staff gathered together at Second Harvest Foodbank of Southern Wisconsin in Madison to spend some time giving back to the community. During their volunteer shift, the group worked on sorting produce and dairy items, providing quality assurance for the food that would be distributed. While some of the items were set to be delivered that afternoon in Madison, the PIA team helped prepare shipments that would be sent to communities throughout the region. Not only did the group have fun working together, but it was also an incredibly fulfilling day!
ROBERTSON RYAN & HANOVER SUPPORT ROOTED & RISING
In late May, Robertson Ryan Insurance joined forces with partners over at Hanover to provide support to Rooted & Rising – Washington Park. Rooted & Rising works to provide quality housing, childcare, food programs and neighborhood engagement activities, with the goal of building a more stable and prosperous community in Washington Park for all its residents. Members of the Robertson Ryan & Hanover team provided the funding to the community food center, helping further a strong positive impact in the community. Great work!
BWO INSURANCE HELPS KIDS PREPARE FOR THE FUTURE
Late in the school year, members from the BWO Insurance Team volunteered to spend the day with junior students at Oak Creek High School for their “Reality Day.” This day gives students a hands on look at what the day-to-day expenses of adult life are like and how to be financially responsible in managing them. Great job BWO preparing students for the real world!
ERIE INSURANCE HONORS FALLEN HEROES
Leading up to Memorial Day, Erie Insurance was a presenting sponsor for the War Memorial’s 55th Annual Field of Flags Event in Milwaukee. Thirty-eight members of the Erie staff attended the memorial ceremony and worked together to help place 27,316 flags. Their work resulted in an impactful visual representation honoring those that have lost their lives during their service protecting the United States. Thank you, Erie for your work honoring those that gave the greatest sacrifice!
LIBERTY MUTUAL/SAFECO INSURANCE VOLUNTEERS WITH FEED MY STARVING CHILDREN
R&R INSURANCE SERVICES SUPPORTS SPINAL INJURY RESEARCH
R&R was a proud sponsor of Bryon Riesch Paralysis Foundation’s Annual Golf Outing & Auction for Spinal Cord Injury Research, which was held on June 3rd at Kettle Hills Golf Course in Richfield, WI. The outing raises money for spinal cord injury research and the fight against paralysis. R&R’s Bryon Riesch was at the outing, where he shared the powerful impact research is having on people’s lives. Thank you for supporting such an important cause!
Members of the Liberty Mutual Insurance/Safeco Insurance team spent time together in May helping package food for the organization Feed My Starving Children. During the day, they assembled over 7,500 meals, which will be sent to Honduras to feed underprivileged children. What a day well spent!
On May 1st, over one hundred sporting clay shooters converged on Milford Hills for the fifth annual PIA PAC Clay Shoot! The attendees hit the course for a competitive first round of clays, before heading back to the clubhouse for a delicious barbecue luncheon. During the afternoon, the shooters (and weather) heated up for the second round - we couldn’t have asked for a more beautiful day! Attendees cooled off with some drinks, while waiting for the final scores to be tallied. Atticus Clark was named the overall 2024 Shoot Champion, and his team with Mike Guilfoile, Mark Cyganiak and Adam Krueger were named Team Champions!
At the end of the beautiful day, the event boasted the highest amount of raised funds for PIA’s political action committee yet – over $14,000! Thank you to all the attendees for your support. Your attendance and participation help support candidates who support independent agents, small businesses, and the insurance industry in Wisconsin. We can’t wait to see you next year!
Are the parents liable?
| By Martha Lester, MBA, AAI, AIC, CIC, CRM, CFE
When is a parent responsible for the actions of their children? Is the vicarious liability of the parents covered by the Homeowner’s Policy? The recent prosecution and punishment of the parents of a 15-year-old, who killed 4 people and injured several others when he opened fire at a high school, has brought this question to an extreme level. The parents in this case were charged with involuntary manslaughter. The court found they were both negligent in providing their son access to the firearm and ignoring his requests for mental health care.
In a separate case, a Texas grandfather was watching his two grandsons when one lost an eye. The brothers, ages 5 and 8, were at their grandpa’s when their cousin came over to play. After receiving permission from his grandpa, the cousin brought his BB gun with him. The child’s play resulted in the cousin, whose age was not mentioned, shooting the 5- year-old in the eye. The young boy had to have the eye removed and a prosthetic put in its place. The court found the grandfather 75% liable for the injury for failing to supervise the boys. The cousin’s parents were found 25% liable for their son’s actions.
In yet another case, a 13-year-old girl attended a sleep over at her friend’s home. During the stay, the visiting girl engaged in huffing fumes from a deodorant can sending her into cardiac arrest. After being notified that their daughter had substantial brain damage, her parents removed her from life support. This 8th grader died just 8 days from the date of the incident. This case didn’t specifically address a lawsuit regarding parental negligence - not yet. However, the question may be asked if the parents of the child hosting the sleepover were negligent for not supervising the girls. Was there a duty?
Another liability case that went in front of the court was one of an 11-year-old boy who started a fire, inside a trash can at an elementary school, causing damage. The court initially found the parents’ insurance company not responsible for the damages as the fire was an intentional act. However, on appeal the court determined that the parents were responsible for “failing to supervise” their son as they knew he had a propensity to start fires. The parents’ “negligent act” was covered by their homeowner’s insurance.
There are a few considerations that come into play in these actual legal cases: the state in which the action occurred, the actions that led to injury or damage, the parents’ responsibility based on the age of the minor, the language in the Homeowner’s Policy. While none of these incidents
occurred in Wisconsin, Wisconsin law (s 895.035) holds parents liable for their child’s damages and for the “willful, wanton, or malicious” acts of the child. In Wisconsin, the law states the a “minor” is a person under the age of 18 years.
According to FindLaw, under Civil Parental Liability, parents are responsible for a child’s property damage caused by their children in all 50 states and may also be responsible for a “failure to supervise” their activities. The “Rule of Sevens”, a legal principle referring to a child’s negligence based on their age, states a child under the age of 7 is not liable for their actions because they are not old enough to make decisions. Children between ages 7 and 14, are also considered incapable of making decisions and children over 14 are presumed to be able to be negligent for their acts. However, for children 7 and over, evidence may be presented that counters the standard.
The Homeowner’s Policy Section II Liability provides coverage for negligent acts of an “insured”. A negligent act must include all four of the following: 1) the insured had a duty to exercise reasonable care; 2) that duty was breached; 3) that breach was the direct result of the incident; and 4) injury or damage resulted. There is an exclusion for expected or intended injury. However, in these cases, the parents were found negligent in supervising the child (or children) and not guilty of intentionally causing the injury or damage.
In today’s cyber environment, we’ve heard stories of
children who bully, defame, invade privacy, etc. via their computers, cell phones, and game stations. Some of these actions have been said to have led to substantial injury or death of the victim. Should parents be concerned that they could be held liable for failing to supervise, or failing to provide adequate restrictions, for their minor children with regard to their electronic use? I’m not an attorney but my answer is – possibly.
In addition to liability for our children’s negligent acts at home, school, and the playground, Wisconsin state law also holds parents liable for the conduct of their children (18 and under) when they are operating a motor vehicle. If the child lives with both parents, and one of the parents signed on the minor’s application for a driver’s license, both parents are liable. Otherwise, the liability for the child’s negligence while driving is the responsibility of the adult that signed the application providing permission for them to obtain the license.
Unfortunately, parents cannot be everywhere their children are. Assuring your customers have high enough liability limits, and an Umbrella Policy, can assist in providing adequate protection for defense and damages if they are sued for their children’s negligent acts. If your client declines the recommendation, protect yourself from an Errors & Omissions Claim by documenting the declination, obtaining their signature acknowledging and refusing the increased liability recommendation, or both.
PIA Has Your Back
As insurance agents, you’ve had to deal with a lot of challenges in 2023: a hard market, cyber threats, and more. We’ve been your voice in Washington, D.C., and in state capitals across the country, advocating for key legislation and influencing impactful change. Take a look at what PIA worked on this past year.
NEWEST PIA MEMBER BENEFITS
PIA Propeller – PIA is proud to partner with Propeller to offer a fully automated, instant issue surety bond solution.
pianational.org/propeller
Winning@Customer Retention helps agencies improve customer service and retention by helping track client retention rates, segment, and communicate with customers.
pianational.org/ customerretention
Thinking Bigger connects leaders with industry influencers providing new ideas, innovative approaches, and thought-provoking conversations on everything from technology to operations.
pianational.org/ thinkingbigger
PIA Ascend – Automate all your AR / AP processes with software automation - maximizing team efficiency and increasing your bottom line.
pianational.org/ascend
2023 PIA ADVOCACY VICTORIES
PIA has been your voice in Washington, advocating for key legislation and influencing impactful change. Throughout 2023 PIA has led the introduction or reintroduction of many bills that are priorities for PIA and its members.
Repeal or Reform of the Federal Insurance Office (FIO): PIA supports legislation to repeal or reform the Federal Insurance Office (FIO). To prevent the continued expansion of the FIO’s authority, and to prevent its further intrusion on states’ power to regulate the business of insurance, PIA:
• Successfully supported legislation to repeal the Federal Insurance Office (FIO), the FIO Elimination Act (H.R.2933/S.1694) introduced.
• PIA also successfully advocated for the introduction of the Insurance Data Protection Act (H.R. 5535), which would remove the FIO’s subpoena power.
• PIA successfully lobbied for Congress to include report language that prohibits the Treasury Department from using funds allocated for the Federal Insurance Office to be included in the House Appropriations Financial Services and General Government bill that passed the House Appropriations Committee in the summer of 2023.
Crop Insurance: PIA successfully developed report language directing the Risk Management Agency (RMA) to reinstate the inflation adjustment for crop insurance commissions that was abandoned several years ago.
• PIA’s advocacy resulted in the inclusion of said report language in the FY 23 omnibus appropriations bill, and PIA has continued to advocate for the Dept. of Agriculture’s Risk Management Agency (RMA) to reinstate the inflation adjustment by including provisions in the FY 24 Agriculture appropriations legislation.
Cannabis Safe Harbor for Agents: Cannabis safe harbor legislation previously passed the House four times in the last Congress, but each time, it stalled in the Senate
• For the first time, the Senate Banking, Housing, and Urban Affairs Committee passed cannabis safe harbor legislation, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860). PIA will continue to advocate for its final passage during this Congress.
In 2024, PIA will continue our advocacy on these issues as well as other critical items, such as the long-term reauthorization of the National Flood Insurance Program and making permanent the 20 percent tax deduction available to qualifying passthrough corporations, or S. corps.
“I am going to sue you!”
We all hope that clients appreciate how hard agency staff works in providing a high level of customer service. Hearing “thank you,” “great job,” “your agency is the best,” and similar phrases can bring out some positive emotion and a tremendous degree of pride.
While it would be great to always hear these praises, the difference you make in a client’s life may not always be positive. For example, perhaps you just told them that they don’t have any coverage for the flood loss they just suffered, or their liability limits are not enough.
These conversations can be difficult and emotional. As a result, instead of hearing “we love your agency,” the six frightening words “I am going to sue you” may be spoken. Knowing how many E&O claims have happened over the years, there is a good chance that words threatening legal action have been said more than a handful of times.
Be Prepared
It is vital to understand that because someone threatens to sue you does not mean you did anything wrong. The client is emotional, and may simply be venting. In fact, a significant number of E&O cases are settled with no loss payment (yet possibly some defense costs). So, when you have a customer threatening a lawsuit, it is best to stay calm.
Getting on top of these issues is critical, so promptly report these scenarios to the designated person in your agency who handles them. Don’t take the approach of “they probably didn’t mean it.” Be prepared to provide information pertaining to your client, including name, address, phone number, and a detailed description of the claim or incident. Provide as much detail as you can, including dates that the error allegedly was made and the client’s specific coverage in question. It is suggested this be done in one-onone sessions. Don’t send an email to your boss saying “I think I messed up” as this type of communication has the potential to be admissible in the court of law. Take direction from your manager/designated
RefinanceAgency
Bankers Who Believe in Your Agency
internal E&O contact person to determine any next steps and, to reiterate, stay calm.the policy period or within 60 days beyond the policy’s expiration date. Typical exclusions apply including: losses identified through inventory shortage or a profit and loss statement; theft by the insured, partners or members. Data security breaches are also excluded. (A cyber policy should be recommended.)
The risk of employee theft and the coverage to protect the business, should this type of loss occur, is a necessary part of an intermediary’s conversation with their commercial clients. The U.S. Department of Commerce states businesses lose an estimated $50 billion annually from employee theft resulting in 30% of business failures. Making proper policy recommendations not only provides an awareness to the client of the risk and the insurance availability to protect against it, but also provides a layer of protection to the insurance agency from a failure to make proper coverage recommendations.
WHAT NOT to Do
• Do not provide any recorded or written statements concerning the alleged error involving your agency.
• Do not make any admissions of liability. You will probably feel bad, but do not admit that your agency made a mistake even if that is what you believe.
• Do not make or commit to a payment.
• Do not alter or make changes to the account/file in question without authorization from management. Changes made after the “I’m going to sue you” notification may be revealed, which will position your agency well.
• Do not discuss the matter with anyone other than your manager/designated internal E&O contact person. In addition, do not allow the inspection, copying, or removal of your records without approval from the E&O carrier.
RISK MANAGEMENT TIP
AUTO INSURANCE: What to Keep In Mind When It Comes to Unnamed Drivers
Asking the right questions when writing auto insurance is vital to ensure no drivers are left off of the policy. Failing to name additional drivers on the policy could lead to the carrier denying a claim or pursuing the agent in an E&O claim.
Always ask the questions exactly as stated when completing the application. For example, the ACORD Personal Auto application asks for all residents and dependents – licensed or not – in addition to the regular vehicle operators. Do not make any assumptions if your application deviates from the carrier’s questions when entering the information into the carrier’s system. Verify the information with the client.
Important items to address include: 1. Who lives in the household?
2. Is there anyone with interest in the vehicle other than the listed drivers or lienholder?
3. Do you regularly lend your vehicles to friends or family? This could be particularly relevant if you have a oneperson household with multiple vehicles.
Remind clients at renewal that they should contact you or the carrier if there have been any changes to their household situation since the prior term. Note that any newly licensed household members may need to be added to the policy even if they do not have a vehicle.
ready for a new beginning?
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EDUCATION
NEW TOPICS ADDED! 3 WI CE CREDITS. LIVE (NOT PRE-RECORDED). NO TEST. NO PROCTOR. Visit the Education tab at piaw.org for a complete list of topics, descriptions, webinar demo and registration. Several approved for Utica credit. Ethics is offered each month. Fee per Webinar: $55 PIAW Member, $70 Non-Member. Includes WI CE fees. NEW! 1-Hour Webinars: $25 PIAW Member, $35 Non-Member
July 2024 Webinar Schedule
An Hour with Nicole: Everything You Need to Know About Insuring Work-From-Home Exposures
1 WI CE # 6000134133
Claims That Will Convince Your Insured to Enhance Their Homeowners Coverage
3 WI CE # 6000136609
An Hour with Sam: Physical Damage Coverage Concerns in the Personal Auto Policy
3 WI CE # 6000165147
Cyber Coverage: Protecting Your Insureds From Hackers, Liars, & Really Bad Bots
3 WI CE # 6000136607
Certificates, Contractors, and You: Fights, Coverage Issues, Best Practices
3 WI CE # 6000165163
The Bad Thing Happened: Handling Commercial Claims & Coverage Disputes
3 WI CE # 6000139310
All Things Ethics: Agent Obligations, Standards, Authority and More
3 WI ETHICS, CE # 6000139311
Utica Approved
Big Rig, Big Risk: Mastering Trucking Accounts
3 WI CE # 6000158600
Liar!: An Agent’s Role in Identifying & Handling Fraud
3 WI CE # 6000159328
Insuring Vehicles, Equipment and Other Stuff That Moves – Personal & Commercial Lines
3 WI CE # 6000160158
An Hour with Dave: What Everyone Must Know About Flood
3 WI CE # 6000169482
Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS
Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS
Terry Tadlock, CIC, CPCU, CRIS
Steve Lyon, CIC, CPCU, ARM
Robin Federici, CIC, AAI, ARM, AINS, AIS, CPIW
Kym Martell, CRM, CIC, CRIS, AAI, MLIS
Sam Bennett, CIC, AFIS, CRIS, CPIA
David Thompson, CPCU, AAI, API, CRIS
NEW TOPICS ADDED! 3 WI CE CREDITS. LIVE (NOT PRE-RECORDED). NO TEST. NO PROCTOR. Visit the Education tab at piaw.org for a complete list of topics, descriptions, webinar demo and registration. Several approved for Utica credit. Ethics is offered each month. Fee per Webinar: $55 PIAW Member, $70 Non-Member. Includes WI CE fees. NEW! 1-Hour Webinars: $25 PIAW Member, $35 Non-Member
August 2024 Webinar Schedule
Transportation Insurance: A Non-Standard Business Income
3 WI CE # 6000165162
An Hour with Sam: Commercial General (CGL) vs. Farm Liability: Key Differences for Farm Accounts
1 WI CE # coming
Stinkin Rich, Insurance Poor: P&C Coverage Challenges for High-Net-Worth Individuals
3 WI CE # 6000163184
Ethical Dilemmas in Insurance and the Responsibilities of Agents
3 WI ETHICS, CE # 6000136606 Utica Approved
The Fine Print: Understanding the Contractual Obligations of Your Insured
3 WI CE # 6000161331
Mastering Business Income: Tools & Tips to Keep Insureds Flush
3 WI CE # 6000136605
Marriage, Kids, Money, Assisted Living and Everything Between: Home and Auto Exposures for Life
3 WI CE # 6000134114
Social Security and Medicare: Your Questions Answered
3 WI CE # 6000159350
An Hour with Nicole: Why Personal Lines Deductibles Always Confuse Insureds
1 WI CE # 6000136589
Inflation and Personal Lines: Helping Insureds Understand Why It Matters and What to Do
3 WI CE # 6000139308
An Hour with Dave: Coverages That Keep a Business Income Loss From Bankrupting You
1 WI CE # 6000139309
12-3p Robin Federici, CIC, AAI, ARM, AINS, AIS, CPIW
Sam Bennett, CIC, AFIS, CRIS, CPIA
Kym Martell, CRM, CIC, CRIS, AAI, MLIS
12-3p Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS
Steve Lyon, CIC, CPCU, ARM
Terry Tadlock, CIC, CPCU, CRIS
8-11a Scott Treen, CIC
Kym Martell, CRM, CIC, CRIS, AAI, MLIS for
Liar!: An Agent’s Role in Identifying & Handling Fraud
3 WI CE # 6000159328
Nicole Broch, CIC, CISR, PLCS
EDUCATION - DESIGNATIONS & UPDATES
JULY 16-17
Agency Management Webinar (3 of 16 Ethics)
CIC WEBINARS & CLASSROOM
Anyone Can Attend No Exam Required for CE 16 WI CE Each
AUGUST 7-8
Company Operations Neenah
OCTOBER 23-24
Commercial Casualty West Bend
NOVEMBER 20-21
Commercial Multiline Webinar
CIC GRADUATE RUBLE WEBINARS & CLASSROOM
Exciting update option for CICs, CRMs, and CISRs! 16 WI CE Each / CISRs Can Attend One Day for 8 CE and Update Credit
SEPTEMBER 25-26
Green Bay (4 Optional Ethics)
JULY 11
Personal Residential Webinar
AUGUST 6
An Agent’s Guide to Understanding & Mitigating Cyber ExposuresWebinar (8 WI CE, 1 of 8 Ethics)
OCTOBER 8-9 Webinar
DECEMBER 11-12 Webinar (4 of 16 Ethics)
CISR WEBINARS & CLASSROOM
Anyone Can Attend. No Exam Required for CE 7 WI CE Each
JULY 24 Commercial Property Webinar
AUGUST 1
Other Personal Lines Solutions Webinar
CPIA WEBINARS & CLASSROOM
Anyone Can Attend. No Exam. 7 WI CE (2 of 7 Ethics) Utica Approved
SEPTEMBER 4
CPIA 1 – Webinar
OCTOBER 8
CPIA 2 - Webinar
AUGUST 23
Personal Auto Webinar
OCTOBER 16
CPIA 1 – Green Bay
NEW CICs
The Certified Insurance Counselors (CIC) Program has been the insurance industry’s premier, proven source for practical, real-world education since 1969. For insurance professionals everywhere, the 16 hour Institutes represent a thoroughly rewarding learning experience, led by accomplished insurance and risk management speakers.
Jason Richter, CISR, CRM, CIC
Ansay & Associates Port Washington WI
Jackson Chesbro , CIC
SECURA Insurance Companies Sussex WI
Isaiah Richardson, CIC CNA Wauwatosa WI
New CPIAs
The Certified Professional Insurance Agent designation is the first-of-its kind, hands-on, how-to training on sales and marketing topics and techniques. No exam.
Tyler Bavery, CPIA
Affordable Family Insurance Madison, WI
Tracy Bonfigt, CPIA
Ansay & Associates De Pere, WI
Carstens Endries, CPIA Endries Insurance Group LLC Brillion, WI
Matthew Dahlquist, CPIA Ansay & Associates Mosinee, WI
Terry Fischer, CPIA
Esch Insurance Agency, Inc. Dodgeville, WI
Ryan Kreager, CPIA
Kreager Insurance Services, Inc. Marathon, WI
Allison Krebaum, CPIA
Church Mutual Insurance Company, S.I. Milwaukee, WI
Devin Krueger, CPIA
Ansay & Associates Mosinee, WI
Patricia Mayberry, CPIA
M3 Insurance Madison, WI
Daniel Norman, CPIA
Church Mutual Insurance Company, S.I. Merrill, WI
Angela Perry, CPIA
Burstad Insurance Agency Menomonie, WI
Terese Rachu, CPIA
Kreager Insurance Services, Inc. Marathon, WI
Heather Short, CISR, CPIA
Ansay & Assocaites Port Washington, WI
Renee Vanden Boom, CISR Elite, CPIA
Ansay & Associates, LLC - Fox Valley Appleton, WI
Stefanie Walsh, CPIA Tricor Insurance Lancaster, WI
Seth White, CPIA
Ansay & Assocaites Brookfield, WI
NEW CISRs
The Certified Professional Insurance Agent designation is the firstof-its kind, hands-on, how-to training on sales and marketing topics and techniques. It is nationally recognized as the mark of professionalism, commitment to professional training and results, and exceptional technical knowledge.
Kristi Canavan, CISR Marshfield Insurance Agency Marshfield, WI
Andria Lederhaus, CISR Rural Mutual Insurance Company Madison, WI
Luke Miller, CISR
Ansay & Associates, LLC Port Washington, WI
Beau Murray, CISR
Holmes Murphy & Associates Middleton, WI
Candace Rothermel, CISR
Willis Towers Watson Neenah, WI
Marcus Rumpff, CISR
Dimond Bros. Insurance New Holstein, WI
Toni Van Doren, CISR Diel Insurance Group Rhinelander, WI
NEW CISR ELITEs
The honorable status for CISRs who aspired to be more and passed all nine CISR courses.
Kathleen Salo, CISR Elite Vizance, Inc. Appleton, WI
E-Rideables and Insurance: Bridging the Coverage Gap
Electric bikes (e-bikes), E-skates and E-scooters – collectively known as E-rideables - are surging in popularity, but their unique nature creates a gap in traditional insurance coverage. As an insurance agent, it’s crucial to identify and educate your clients who own these types of devices, or who have kids who ride them, about potential risks and available options.
Here’s a breakdown of key insurance considerations for owners or e-rideables:
• The Coverage Gap: Standard homeowners and renters insurance typically exclude motorized vehicles. Since e-bikes, for example, have motors, they might be excluded, leaving them vulnerable in case of theft or damage. Review the policies your agency sells to identify the exclusions that would apply to all types of e-rideables.
• Auto Insurance Exclusion: Like homeowners and renters, auto insurance likely won’t cover e-bikes and other e-rideables because they aren’t registered vehicles.
• Liability Concerns: Perhaps the biggest risk is liability. If your client injures someone or damages property in an accident, they could be financially responsible. Share examples and stories with your clients and encourage them to contact you to discuss options for dealing with e-rideable risks.
Bridging the Insurance Coverage Gap:
There are solutions to help owners of e-rideables achieve peace of mind:
• Endorsements: Some insurers offer an endorsement on a homeowner’s policy specifically for e-bikes and other motorized conveyances. This endorsement clarifies coverage for theft, damage, and even liability. Explore options with your insurance carriers so you can make appropriate recommendations.
• Stand-alone Insurance: A growing number of insurers offer dedicated insurance policies for e-bikes, for example. These can be similar to motorcycle insurance, providing comprehensive coverage.
• Umbrella Policy: For clients with existing liability concerns, an umbrella policy can provide additional protection in case an e-rideable accident exceeds the limits of their homeowner’s policy. However, be sure you have explained the underlying coverage requirements and retention amounts to your client.
Key Points to Discuss with Clients:
• E-bike Classification: Explain how e-bike classification (motor wattage, speed) can impact insurance options. Higher-powered e-bikes might require more specialized coverage and may not qualify to be covered via an endorsement.
• Riding Habits: Advise clients that coverage can vary depending on where and how they ride. Frequent riders on busy roads might need more comprehensive coverage than casual riders on trails.
• Safety Gear: Encourage the use of helmets and other safety equipment, which can mitigate injuries and potentially influence insurance premiums.success:
UPCOMING EVENTS
THE PIA OF WISCONSIN IS KNOWN NATIONWIDE FOR ITS TOP-NOTCH EDUCATION AND NETWORKING EVENTS!
For a comprehensive list of all PIA education opportunities, including the 12-14 multiple topic 1-3 hour webinars, and pre-licensing, visit the Education tab at piaw.org.
10 When Nature’s Fury Is Unleased on Your Insured’s Town – Part 2 Webinar (3 WI CE)
Personal Residential Webinar (7 WI CE)
Agency Management Webinar (16 WI CE, 3 of 16 Ethics)
Commercial Property Webinar (7 WI CE)
1 PIAW Annual Scholarship Golf Outing – Trappers Turn, Wisconsin Dells
CISR Other Personal Lines Exposures Webinar (7 WI CE)
6 An Agents Guide to Understanding & Mitigating Cyber Exposures Webinar (8 WI CE, 1 of 8 Ethics, CPIA Update) 7-8 CIC Insurance Company Operations - Neenah (16 WI CE)
Long-Term Care: The Old Kind or the New Kind Webinar (2 WI CE)
Personal Auto Webinar (7 WI CE)
CPIA 1 Position for Success Webinar (7 WI CE, 2 are Ethics, Utica Approved) 10 Annuities: Capturing the Gain Webinar (2 WI CE)
CISR Commercial Casualty 1 Webinar (7 WI CE)
CISR Elements of Risk Management Webinar (7 WI CE)
CIC Ruble – Green Bay (16 WI CE, 4 Optional Ethics)
CISR Agency Operations Webinar (7 WI CE, 1 is Ethics, Utica Approved) 8 CPIA 2 Implement for Success (7 WI CE, 2 are Ethics, Utica Approved) 8-9 CIC Ruble Webinar (16 WI CE) 15 CISR Other Personal Lines Solutions - Waukesha (7 WI CE)
CPIA 1 Position for Success – Green Bay (7 WI CE, 2 are Ethics, Utica Approved) 23-24
CIC Commercial Casualty – West Bend (16 WI CE)
CISR Commercial Casualty II (7 WI CE)
DIRECTORY PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC.
725 HEARTLAND TRAIL, ST. 108 | MADISON, WI 53717 | WWW.PIAW.ORG
PHONE: 608-274-8188 | TOLL FREE: 800-261-7429 | FAX: 608-274-8195
officers
Lacey Endres, CIC
President M3 Insurance, Inc. 828 John Nolan Dr. Madison, WI 53713 (608) 288-2874 lacey.endres@m3ins.com
Jon M. Strom Vice President
Image of Wisconsin 201 N. Main St. 4th Floor PO Box 608 Fort Atkinson, WI 53538 (920) 723-1209 jon@imageofwi.com
Octavio Padilla
Treasurer
Nova Insurance LLC 4615 W. National Ave. West Milwaukee, WI 53214 (414) 639-1650 octavia@novaagencies.com
Steve R. Albinger
Secretary Couri Insurance Associates 379 W. Main St. Waukesha, WI 53186 (414) 916-9321 salbinger@couri.com
Directors
Ryan Bedroske
MacGillis Agency Inc. W3934 Cty Hwy H Fredonia, WI 53021 (262) 790-0000 ryan@macgillisinsurance.com
Ryan Butzke, CIC, CISR
Spectrum Insurance Group - Northbrook PO Box 520 Slinger, WI 53086 (262) 783-5533
Steve Clements, CPIA Immediate Past President Clements Insurance Agency 151577 King Fisher Ln. Wausau, WI 54401 (715) 842-1664 steve@clementsagency.com
Mike Endres
Endres Insurance Agency, Inc. 2201 Eulalia Street Cross Plains, WI 53528 (608) 798-3811 mendres@endresinsurance.ne
Alyssa Hobgood
BWO Insurance Group, LLC 7472 S. 6th Street Oak Creek, WI 53154 (414) 768-8100 alyssa@bwoinsurance.com
Eric Lewison, CIC Past President Liaison TRICOR, LLC 313 Oak St. Baraboo, WI 53913 (608) 963-4193 elewison@tricorinsurance.com
Tracy A. Oestreich, CIC, CPIA, AU, CPIW PIA National Director T4 Insurance Solutions, Inc. PO Box 408 Jackson, WI 53037 (262) 423-4949 tracyo@t4ins.com
Luke Strupp, CPIA P+C Insurance Services 405 N. Calhoun Rd., Ste. 20 Brookfield, WI 53005 (262) 784-0990 lstrupp@pcins.com
April Tarras
Advantage Insurance Agency LLC 435 E Mill St Plymouth, WI 53073 (920) 893-3252 april@bwoinsurance.com
Staff
Pete Hanson, CAE, CISR Executive Director phanson@piaw.org
Becca Bredeson Administrative Assistant bbredeson@piaw.org
Shirley Faherty Executive Assistant/Bookkeeper sfaherty@piaw.org
Heidi Hodel-Faris, CPIA, CIC Insurance and Member Services Director hhodel@piaw.org
Brenda Steinbach Education & Convention Director bsteinbach@piaw.org
Natalie White Communications Director nwhite@piaw.org
Risk is everywhere. In everything. With Applied Underwriters by your side, the gears of commerce, innovation, and exploration keep turning. Experience the unrivaled heart and unwavering service that only Applied delivers.
Learn more at auw.com or call (877) 234-4450.