PIAW May/June 2023 Magazine

[ MAY/JUNE 2023 ]

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CONTENTS 4 From The President 6 Memos From Madison 8 From The Boardroom 10 Capitol Update 12

PIAW State Advocacy Day

15 Eye On The Law 18 Errors & Omissions 18 OCI Administrative Actions 20 PIA to FTC: Independent Agencies Need Non-Competes 22 Community Corner 24 The Effect Of The FTC’s Proposed Rule To Ban Non-Compete 27 HR Snapshot 28 Bye-Bye Boss: Why Good Employees Leave 30 Education 37 Upcoming Events 38 Directory

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.

EDUCATE. ADVOCATE. COLLABORATE. EDUCATE

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 Convention, Scholarship Golf Outing or dozens of other events, you can collaborate with other professionals who have “been there.”

725 Heartland Trail Ste 108 | Madison WI 53717 | (800) 261-7429 | www.piaw.org

PIAW.ORG [ 3 ]

YOU SAY POTATO, I SAY… OCCURRENCE VS. CLAIMS-MADE The best way to learn something is to teach it LOSS BASIS? FROM THE PRESIDENT

to others.

STEVE CLEMENTS, CPIA President, PIA of Wisconsin

I love to teach. There’s just something about transforming a complex topic into explanations and illustrations which can then be transferred to a learner for their benefit. Over the years, as I’ve had the privilege of teaching on a wide variety of topics to audiences of all types, there are two vital concepts which have stood out to me: 1. B eing a teacher (in any discipline) comes with tremendous responsibility.

2. T o be an effective teacher, you must always be an effective learner.

You may have heard the saying, “You can’t teach what you don’t know.”

Unfortunately, this common-sense guideline gets ignored all-too-often by “experts” teaching and advising about things they have no business teaching or advising on. For example, have you ever gotten bad medical advice? Ever been steered wrong financially? Has anyone ever told you not to worry about “it” when “it” became the very thing you needed to be concerned about? Yeah, me too. Usually, people who operate

MAY/JUNE 2023 [ 4 ]

this way do so because the allure of sounding smart and impressive is too tempting when compared with rightfully admitting “I’m not sure about that.”

I have been a certified flight instructor for 25 years. If the material taught to students learning to pilot an aircraft is not accurate, it can mean the difference between life and death. For insurance professionals, the ways we advise others can also have significant outcomes leading potentially to security or to financial ruin. The bottom line is this: if a professional is haphazard in his or her approach toward educating others in their field, the results can be devastating.

With that in mind, allow me to offer five suggestions for professionals who strive to operate at (or above) the level of responsibility entrusted to them: 1. One of the best ways to sell insurance is to teach insurance.

Clients want to know what they are buying. If they generally understand the product and have confidence in

their agent’s knowledge of the profession, it is a huge step forward in the sales process.

2. Recognize that you are an educator and advisor. As an industry professional, people look to you to teach them about their specific products, coverages, exclusions, etc. This is one of the most important advantages that distinguishes an independent agent/carrier from direct-write sources. Education helps to prevent the commoditization of insurance.

3. The secret code phrase professionals should use when not knowing something is…”I don’t know.” Put your pride aside. There is too much at stake to roll someone else’s dice on a hunch. Instead, let the client know that you will look into it, so that you can be 100% certain they receive the correct information (then actually look into it). Ironically, if a client observes that you are willing to admit when you don’t know something, it will help assure them that when you do provide information, it can be trusted.

4. Keep on learning. It’s been said that nobody knows everything about anything. A true professional adopts a perpetual approach to learning and improving. The

most successful individuals tend to be those who are ever-curious. Education stands as one of the pillars of the PIAW. That stated core value is backed a broad arsenal of classes, courses, webinars, and networking opportunities your organization makes available to you as a member.

5. Share what you’ve learned. Synergy refers to combining the best of individual parts to create a superior whole.

The fastest way to learn about any topic is to combine what has been personally learned with knowledge acquired by others. Mutual learning enables us to access highly concentrated doses of experience, knowledge, and wisdom from one another – allowing us to reach levels impossible to attain alone. Please consider mutually sharpening opportunities by joining a PIAW committee, running for the Board, or writing a guest column in this publication. Besides, the best way to learn something is to teach it to others.

I truly hope these are principles each of us can put into practice in our personal and our professional lives. Because when we unite our commitment to being a lifelong learner with having the heart of a teacher, everybody wins.

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MEMOS FROM MADISON

If the courts uphold the new rule, there could be a significant impact on many industries.

1099 VS. W-2: A NEW STANDARD IS COMING For businesses who utilize independent contractors, there has been some gray area in making the determination between 1099 independent contractor or W-2 employee status. If an individual is an independent contractor, then the Fair Labor Standards Act does not apply to their relationship with businesses they service. This essentially means that wage and hour laws don’t apply, because that individual determines their own work hours and sets their own fees for their services.

Unfortunately for businesses who use contractors on a regular basis, the rules defining these conditions have been a political football. Whenever Americans elect a President from the opposite political party, the football changes hands and the new leaders of the U.S. Department of Labor (DOL) start driving the ball the other direction – toward the goal of changing these rules, yet again.

PETE HANSON, CAE, CISR Executive Director, PIA of Wisconsin

The latest rule change is due to be released as early as May of 2023.

Whereas the last administration passed a rule loosening the definition and reducing the number of factors to be examined, the current administration is adding a list of factors to be considered.

DOL calls the new criteria a “totalityof-the-circumstances” analysis and establishes a non-exhaustive, six-factor test in which no single factor is decisive.

The six factors are: 1. Opportunity for profit or loss depending on managerial skill 2. Nature and degree of control 3. Investments by the worker and the employer 4. Degree of permanence of the work relationship 5. Extent to which the work performed is an integral part of the employer’s business 6. Skill and initiative

If the courts uphold the new rule, there could be an impact on many industries.

Most affected would be the gig-worker industry and small businesses. Insurance businesses that contract out customer service, sales, claims adjusting and other functions could be impacted significantly.

Factor #5, from the above list, could become a problem for insurance agencies. Is the work performed by a remote customer service provider (CSR) an integral part of an insurance agency’s business? How about a commission-only producer who is focused solely on new business? Is new business acquisition an integral part of the business?

If the answer to these questions is “yes,” then agencies will have to track the work hours of CSR’s and producers. If they work a long day, they will have to be paid overtime. If other employees of the business receive paid time off, retirement and health benefits, then the contracted personnel will, too.

NEW OVERTIME RULE ALSO COMING IN MAY?

Speaking of tracking work hours, we may see a proposed DOL rule published in May that will raise the minimum salary required for an employee to be considered exempt from overtime rules.

Under current law, an employee can be exempt from overtime rules if they perform administrative or executive duties and earn more than $684 per week ($35,568/year). The proposal is expected to raise that minimum pay criterion to somewhere between $900 and $1000 per week ($46,800 to $52,000 per year).

MAY/JUNE 2023 [ 6 ]

Any business that pays salary and considers administrative employees exempt, is going to have to meet this new standard or begin tracking employee hours, tracking lunch breaks, etc.

We don’t know how the courts will interpret new independent contractor rules, nor do we know exactly what will be in the new overtime rule. However, you can count on PIA to keep you updated on both of these pending regulations.

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FROM THE BOARDROOM

The PIA has many great resources to help the new agency owner and experienced owner, for that matter.

STEVE R. ALBINGER

THE GROWTH OF INDEPENDENT AGENTS Ever since I started my career in 1986, the slow death of the independent agency system has been discussed and prophesized. First, it was the captive writers running us out of business, then the internet, then direct-sale carriers and finally venture capital. Each would supposedly decimate our market share, but in fact our channel could not be stronger.

In 2022, there were reportedly over 40,000 independent agencies, the highest number since 2002. One may ask, where are all these agencies coming from, and there are several areas we can point to.

Captive agencies are imploding. Allstate now has more independent agents than captive agents and others aren’t far behind. The flurry of independent agencies selling and displaced producers looking for new homes and opportunities for ownership continues.

The entrepreneurial spirit is alive and well in the independent agency system.

But what obstacles do people face when starting an agency and where do these people go to start their independent agency, what road map is available?

From finding markets to non-competes to hiring staff, all are mountains that must be climbed.

The PIA has many great resources to help the new agency owner and experienced owner, for that matter.

From acquiring E&O Insurance, to help on non-competes, to generating leads the first year, to programs for finding and managing talent, so many resources are available with a PIA membership.

Having worked with a lot of startups over the years, PIA’s Utica E&O program is second to none. Great coverage at a fair price.

MAY/JUNE 2023 [ 8 ]

The offerings from Insurance Marketing Partners help the new agent present a professional image in web design, social media campaigns and internet searches.

Winning @ Talent is a PIA National Program that has tools for finding, testing, hiring and retaining employees.

Obviously, access to markets is a major hurdle, as well. For the new agent starting out, where do they turn? PIA’s Market Access Program is one option. It provides access to numerous national-level carriers through the Insurezone rater.

Some of these entrepreneurs will decide to join another agency as a branch location. Some will join an agency group (full disclosure: I work for an aggregator). I have always said, not everyone is a fit for every group… and no group is a perfect fit for everyone.

You need to find what’s right for you…

If you’re pondering joining a group or a larger agency, here are some key considerations: 1. Do I like the people? What didn’t I like about my previous place of employment and how will this new relationship be different? Are they partners or isolated?

2. Are they going to be there locally when I need them, or are they a national franchise?

3. What is the reputation of the agency, or group I am looking to join or partner with? Are they perceived as fair by carriers and others?

4. Will they supply a list of group members to contact?

5. How is the group management perceived by the members? Do they validate what you are hearing?

6. What are the agency’s or group’s requirements to keep carrier appointments, obtain new appointments?

7. W hat is included in the joining?

•A utomation discounts? [In some cases, these can pay for the cost of being in the group] • Marketing support?

• What tools, software and support are provided?

What isn’t provided?

• Do they have dedicated teams to help you write more personal and commercial business?

8. What is the end game when I finally want to retire? What does agency perpetuation or sale look like?

Clearly, this is not a comprehensive list and there are there are many important considerations. The key thing to know is that there are many options for growing an agency and these options exist in a HEALTHY and THRIVING Independent Agency Channel. Having options is a good thing!

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Deep niche expertise, with insight into unique business risks, is how we cover the details that make the biggest difference to our policyholders.

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PIAW.ORG [ 9 ]

H

CAPITOL UPDATE

NATALIE WHITE

Communications Director

The budget process is in full swing at the Capitol with the Joint Finance Committee (as expected) setting aside the Governor’s budget proposal and instead starting from a base budget. As of writing, the Joint Finance Committee is coming to a close with their public hearings across the state and will soon begin deliberating on specific agencies’ budgets and other funding requests over the month of May. If all goes as expected, the final version of the budget will come to the floor in June.

In addition to the budget being on the move, the first bills of the session have made their way through the process and to the Governor’s desk. Some of the first signed Acts include PIA-backed bills addressing the reckless driving crisis the state is experiencing.

Senate Bill 92 (now 2023 Wisconsin Act 1) was signed into law on April 3rd, 2023. This new law allows local cities, villages, towns and counties to authorize law enforcement to impound vehicles owned by individuals who have outstanding reckless driving citations.

Assembly Bill 55 passed both houses and is likely to be signed by Governor Evers in the coming days.

This legislation doubles many fines associated with reckless driving that have not been increased since they were originally enacted in the 1950s. In addition to increasing other forfeitures and jail sentences, this will bring a first-offence reckless driving ticket up to $400 from $200 and allows for a three year sentence (up from 18 months) for those reckless driving that cause great bodily harm.

Though these bills are not a cure-all to the reckless driving epidemic in the state and nation, they take steps recommended by the Milwaukee City-County Carjacking and Reckless Driving Task Force to give additional tools to communities to help make the streets safer for all.

There are other PIA-backed proposals making their way through the legislative process – some of those PIA spoke with legislators about at PIAW’s State Advocacy on March 8th.

PIAW State Advocacy Day

Members of PIA’s Legislative Committee and Board were joined by other PIA members on March 8th in Madison, to meet with their legislators on issues important to independent agents and small businesses in Wisconsin. After a lunch and issues briefing at the Park Hotel, attendees walked across the street to the Wisconsin State Capitol for their afternoon meetings with legislators.

Repealing the Personal Property Tax Repealing the personal property tax is a longstanding priority issue for PIA, and we strongly believe this is the session to get it done! Our attendees reiterated our strong belief in repealing this burdensome tax on small business owners and urged legislators to support the repeal as a standalone bill or during the budget process. Since that time, MAY/JUNE 2023 [ 10 ]

the standalone legislation to repeal the tax (Senate Bill 2) has had a hearing in committee on the Senate side and PIA reiterated our support. Whether this bill is included in the budget, a package or standalone bill, PIA will continue to advocate our support throughout the process.

Requiring Financial Literacy Education in High School Starting adulthood with a basic level of financial knowledge is imperative, and providing financial literacy education in high school is one way to help students get off on the right foot. PIA has been advocating in favor of Assembly Bill 109/Senate Bill 115, which would add one-half credit of financial literacy education (including insurance topics) to the requirements for high school graduation. Not only can poor financial decision-making impact a young adults’ future, but it can also affect those around them – like if they choose to drive without insurance! This legislation has had a hearing in the Assembly, and PIA will continue to advocate on the importance for financial education.

Protecting Consumers from the Unlicensed Sales of Self-Storage Insurance In addition to the various measures that PIA is supporting, attendees also reiterated PIA’s opposition to any attempts to allow for the unlicensed sale of insurance at self-storage facilities. In recent sessions, there has been legislation circulated that would allow clerks to sell self-storage insurance to tenants at their facilities.

Not only is the sale of this insurance duplicative to homeowners and renters insurance, these storage clerks would be unlicensed and unable to properly advise insureds. PIA will continue to work to protect Wisconsin consumers.

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PIAW State Advocacy Day

PIAW President Steve Clements and Joe Pavonin the Wisconsin State Capitol Rotunda

PIA Past President Matt Cranney, Legislative Co-Chair Jeremy Cordova, Scott Faris, Executive Director Pete Hanson and Shannon Wiegman meet with Rep. Shae Sortwell (R – Two Rivers)

PIA Board Members Bob Wolfgram, Octavio Padilla, and John Strom meet with Senator Stephen Nass (R – Whitewater) along with Michael Keener and PIAW Executive Director Peter Hanson MAY/JUNE 2023 [ 12 ]

PIA National Director Tracy Oestreich and Mitch Tarras with Sen. Duey Stroebel (R – Saukville)

Michael Keener and Joe Pavon attend the issues briefing & lunch at the Park Hotel

Bob Wolfgram, Michael Keener, Octavio Padilla and PIA Treasurer Jon Strom meet with Senate President Chris Kapenga (R – Delafield) PIAW.ORG [ 13 ]

FREE LEGAL PIAW MEMBER HOTLINE

1.844.672.1221 INSURANCEHOTLINE@AXLEY.COM

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Our attorneys have extensive experience in the unique legal needs of insurance agencies. We have represented hundreds of agencies, agents and brokers in all aspects of their business. Î Agency Ownership & Operations Î Mergers & Acquisitions Î Drafting & Review of Carrier, Producer, & Other Contracts Î Confidentiality, Non-Solicitation, & Non-Competition Agreements Î Perpetuation & Succession Planning Î Employee & Independent Contractor Issues Î Representation regarding OCI Licensing & Discipline Î E&O Reporting Obligations

Axley’s free insurance hotline is available to all PIAW members. Our attorneys will respond as quickly as possible. Calls do not constitute an attorney-client relationship. If your issues require more in-depth legal action or advice, you may be directed to seek private counsel.

MAY/JUNE 2023 [ 14 ]

Eye on the Law MOTOR VEHICLE RECORDS—AGENTS BEWARE! Recently, we’ve been receiving inquiries from agents about the usage and disclosure of motor vehicle records (MVRs).

This issue comes up all the time and it is important to remind agents about the law and consequences.

Insureds often request copies of MVRs from insurance agents for human resource purposes, such as making hiring decisions. Agents cannot provide an MVR to an insured for such purposes. An agent may inform the insured that a new driver does or does not qualify as a driver for underwriting purposes, but—to be clear—agents should not send an MVR or disclose its confidential information to an insured.

MVRs contain confidential information such as driver’s license information, point history, violations, convictions, and license status. Federal law provides significant safeguards to employees regarding access and use of such information for employment purposes. Under the federal Driver Privacy Protection Act (DPPA), insurance agents are authorized to access MVRs containing confidential information about a driver, but cannot disclose the reports to others except for certain permitted uses.

One such use is to assist the agent and the insurer in the underwriting of insurance. Sending an MVR to an insured employer who may use it for human resource purposes is not a permitted usage under the DPPA. The federal Fair Credit Reporting Act (FCRA) has strict guidelines on the use of consumer reports, including MVRs. If agents provide copies of consumer reports such as MVRs to employer insureds, they are no longer “underwriting insurance” but acting as a “credit

reporting agency” for the purposes of the FCRA. This means they assume the additional role of reporting the information and must follow substantial disclosure requirements and procedures. Therefore, insurance agencies should avoid becoming a credit reporting agency under the FCRA at all costs.

Disclosure of the MVR to unauthorized parties may also be a breach of the contract with the third-party vendors who obtain the MVR. Most third-party vendor contracts include a prohibition against sharing the MVR or its information with any other person other than the intended underwriting use. Giving insureds copies of MVRs provided by the third-party vendor would violate that contract.

Finally, providing MVRs to employer insureds for human resource purposes very likely falls outside the coverage of insurance agent errors and omissions (E&O) policies.

As a result, an agent’s E&O policy may not cover them if legal action results from their actions as a credit reporting agency.

We understand agents want to help their insureds in any way possible, but providing MVRs to insureds should not be their means of value-added service. The risks are inherently too great. Instead, agents may coach their insureds and even assist the insured on how to order MVRs themselves using the forms provided by the Department of Motor Vehicles. We can certainly assist with that.

PIAW.ORG [ 15 ]

Utica National’s Errors & Omissions RISK MANAGEMENT ALERT

What to Do When Terminating a Relationship with a Client

by Tabitha L. DeGirolano, RPLU E&O Risk Management Specialist Executive Commercial Lines Underwriter Utica National Insurance Group

There are times when your agency will want to terminate a relationship with a client. Two main reasons are:

business is unprofitable. It’s often a particular business segment or line of business rather than • The individual insureds. insured is difficult to work with. Maybe they consistently pay poorly, have a history of not disclosing pertinent • An information needed to place coverage, or are demanding and nothing you do meets their expectations.

WHAT TO DO

Once you’ve determined that you want to terminate the relationship, HOW DO YOU DO IT? with your state’s department of insurance and seek legal advice to understand the applicable laws • Check and ensure you comply with them. The action should never be discriminatory. with your carriers for their guidance. Ask the carrier to non-renew the account, if possible. While they • Confer may decline in instances of individual difficult clients, they may be more willing to work with you if you are moving away from a segment of business and interested in assigning the accounts to another agency. the process early to give the client enough time to replace • Start coverage. Provide them with materials that could assist them in moving the coverage, such as current loss runs. to the client clearly and in writing why they should • Communicate seek placement through another agency. You may want to refer them to other agents that can handle their business. If you choose to refer, be confident about the quality of the agency you refer them to. Referrals to a poor agent could result in E&O claims against your agency. everything thoroughly. It is particularly important • Document to memorialize verbal conversations.

!

WHAT IF YOU CAN’T TERMINATE THE RELATIONSHIP? Depending on state laws, you may have to continue servicing a client’s account if they refuse to seek coverage elsewhere. In these instances, provide them with timely service, but don’t prioritize them over more desirable clients. If they express being unhappy with your service, recommend that they seek an agent in a better position to provide them with the service they desire.

2023 Utica Mutual Insurance Company 5-R-1439 Ed. 03-2023

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OCI ADMINISTRATIVE ACTIONS NATHAN HOUDEK

Commissioner of Insurance

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.

FEBRUARY 2023 Allegations & Actions Against Agents

Robert Balgac, 8387 Turning Leaf Crossing, Springboro, OH 45066, agreed to pay a forfeiture of $4,000.00 and agreed to cease and desist using unfair marketing practices. These actions were taken based on allegations of sending advertisements offering insurance products without required disclosures.

Creston Ballman, 242 W 14th Ave., Oshkosh, WI 54902, 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 insurance marketing-type conduct.

Allie R. Biedermann, 480 Greenwood Ave., East Dubuque, IL 61025, had her public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

Alexandria Bowman, 120 Lost Meadows Dr., Dallas, GA 30157, agreed to surrender her Wisconsin insurance license. This action was taken based on allegations of misrepresentation and making unsuitable insurance product recommendations.

Jack D. Brees, 2989 S Waukesha Rd., Milwaukee, WI 53227, agreed to pay a forfeiture of $500.00 and agreed to timely report administrative actions, criminal charges, and other changes to intermediary status. These actions were taken based on allegations of failing to provide timely disclosures to OCI and on licensing applications.

Apryl L. Daniel, 120 W Ave. K, Midlothian, TX 76065, had her application for an insurance license denied. This action was taken based on allegations of providing materially untrue information on a licensing application and exhibiting financial irresponsibility in the conduct of business.

Adelice Garcia, 20868 NW 17th St., Pembroke Pines, FL 33029, had her public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

Andrew S. Goldwasser, 313F Hawthorn Ave., Glencoe, IL 60022, had his public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

Edward Hoffmann, 521 Harrisburg, Lindenhurst, IL 60016, had his public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

William A. Mangelluzzi, 331 Timberidge Trl., Gates Mills, OH 44040, had his public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

Brian Newman, 3440 Sheridan Blvd., Denver, CO 80212, had his public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

Michael Rodriguez, 2217 W Mineral St., Milwaukee, WI 53204, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Matthew M. Rostowfske, 263 W Nelson St., Deerfield, WI 53531, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Torrence Rowell, 4126 S 43rd St., Greenfield, WI 53220, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Cynthia L. Schweitzer, 31307 Hickory Hollow Rd., Waterford, WI 53185, agreed to the surrender of her Wisconsin insurance license.

This action was taken based on allegations of making misleading communications related to insurance contracts.

Brandi C. Sickler, 512 Maple St., Neenah, WI 54956, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

MAY/JUNE 2023 [ 18 ]

Timothy Snyder, 153 Riverside Terr., Medford, WI 54451, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Megan T. Flannery, 1408 Chapman Dr., Waukesha, WI 53189, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Jasmine A. Tate, 3003 N 53rd St., Milwaukee, WI 53210, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Michael J. Harkins, 2305 Namekagon St., Hudson, WI 54016, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Brandon S. Wagner, 1141 N Old World 3rd St., Apt. 2515, Milwaukee, WI 53203, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Amy J. Lichter, 2820 14th Ln., Kenosha, WI 53140, had her application for an insurance license denied. This action was taken based on allegations of having criminal convictions that may be substantially related to insurance marketing type conduct.

Ellisa M. Whittaker, 4435 NW 93rd Way, Sunrise, FL 33351, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of misrepresentation, failure to determine the suitability of a health insurance policy, and failure to respond timely to inquiries from OCI. Jacob C. Wobig, 1991 Russell St., Kronenwetter, WI 54455, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes..

Denise J. O’Brien, 12922 Pine Meadows St., Tomball, TX 77375, had her application for an insurance license denied. This action was taken based on allegations of having an administrative action taken by the State of Texas related to misconduct in the business of insurance.

Scott P. Pederstuen, N10641 610th St., Wheeler, WI 54772, had his insurance license suspended. This action was taken based on allegations of owing delinquent child support.

March 2023 Allegations & Actions Against Agents

Jennifer L. Allen, 3490 N Kelly Dr., Unit 114C, North Fort Myers, FL 33903, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Matthew Fillmer, 5543 Root River Dr., Greendale, WI 53129, 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 insurance marketing type conduct and failing to fully disclose the convictions on a licensing application.

Elshay Taylor, 4520 N 84th St., Apt. 2, Milwaukee, WI 53225, had her application for an insurance license denied. This action was taken based on allegations of providing materially untrue information on a licensing application and to OCI, and owing an unpaid money judgment to an insurer.

Asia R. Wurster, 4181 SW 70th Terr., Davie, FL 33314, had her public adjuster registration revoked. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide evidence of an active performance bond.

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.

PIAW.ORG [ 19 ]

F E AT U R E

PIA to FTC: Independent Agencies Need Non-Competes

BY LAUREN PACHMAN, COUNSEL & DIRECTOR OF REGULATORY AFFAIRS Earlier this year, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking (NPRM) that would ban the use of non-compete provisions and non-compete agreements between employers and workers. The NPRM invited members of the public to comment during a 60-day period, which ended on March 20.

Independent agency owners are among millions of insurance-related businesses that rely on non-compete provisions and agreements to protect their livelihoods.

For that reason, and featuring extensive, direct feedback from PIA members, we submitted comments to the FTC to request that it withdraw its proposal in favor of a more appropriately tailored proposal that would address any alleged corporate overuse of such documents.

Our comments set forth several arguments, a sampling of which are provided below: • The FTC doesn’t have the authority to ban non-compete clauses and agreements, and its attempt to do so infringes on states’ rights to regulate contracts.

• The proposed regulation is overly broad. For example, its definition of “workers” includes employees, volunteers, interns, and independent contractors, whether paid or unpaid. It would ban future non-competes, but it would also rescind existing agreements by regulatory fiat— whether they involve existing workers or former workers.

• The NPRM would require employers to notify current workers of the rescission, of course, but it would also require employers to notify former workers. Moreover, employers would not be permitted to inform former workers using a public-facing method like publication of an announcement in a newspaper or on a website.

Rather, the FTC proposal would require employers to notify former workers of the rescission via “individualized communication,” an endeavor that would be costly and burdensome for small businesses; the more former workers they have, the more burdened a small business would be.

• The proposal would also effectively limits the use of even legal agreements by indicating that some (non-disclosure or non-solicitation) agreements could be deemed de facto non-competes if they have a similar effect to a noncompete on workers. The NPRM’s distinction between legal

and illegal workplace agreements is vague; as such, it would be difficult for owners of agencies to ascertain whether they are sufficiently compliant.

• The NPRM would also invite expensive, lengthy litigation by affected businesses to try to extract greater specificity from the FTC using the only tactic that would remain available to them.

• Significantly for affected insurance businesses, the FTC’s proposed non-compete ban would improperly preempt state law. In general, employment, trade secret, and antitrust law are all the purview of state governments and courts, not the federal government. Indeed, fortyseven states have passed laws permitting the use of noncompetes, and this ban would invalidate every last one of them. If finalized as written, the NPRM would improperly preempt all state laws and regulations in this area.

• A non-compete ban would improperly invalidate existing contracts between consenting parties; its promulgation would constitute an improper restraint on trade as well as an illegal preemption of state law.

Now that the comment period has ended, the FTC will review the extensive feedback it has received, make changes if the agency feels it necessary, and probably issue either a revised NPRM or a final rule. If finalized as written, the ban would apply to both employees and independent contractors and would require employers to stop using non-compete provisions and agreements. The proposal would also require employers to withdraw existing non-compete provisions and agreements and inform workers subject to any such provisions or agreements that they are no longer in force. The FTC should promptly withdraw the proposed ban.

PIA members use non-compete provisions and agreements to protect their businesses, and we intend to continue to work with the FTC to alleviate its concerns and protect the right of businesses and workers to use non-competes.

MAY/JUNE 2023 [ 20 ]

PIAW.ORG [ 21 ]

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!

KEENER INSURANCE PARTICIPATES IN HOOPS FOR A CAUSE

Keener Insurance Solutions of Germantown is proud to sponsor and work with Paintings for Pediatrics, an organization that raises awareness, helps fund research of and provides financial relief for families battling childhood cancer.

The organization partners with local art studios to allow pediatric patients to paint and express themselves, and then auctions off their beautiful artwork. In early April, Joe from the Keener team attended Hoops for Cause at Fiserv Forum to support Paintings for Pediatrics’ good work.

SECURITY FINANCIAL BANK GIVES BACK TO CHIPPEWA VALLEY CAUSES

Sarah from Security Financial Bank’s Eau Claire branch visited local community organizations to gift them each with a $500 donation to their various causes. Toys for Tots Eau Claire, Family Promise of the Chippewa Valley, and L.E. Philips Career Development Center all received a donation to help support their missions of making the Chippewa Valley a better place.

MAY/JUNE 2023 [ 22 ]

M3 INSURANCE DONATES TO NAMI NORTHWOODS

Early this year, M3 Insurance presented a check of $4,000 to support the work of NAMI Northwoods.

NAMI Northwoods is a chapter of the National Alliance on Mental Illness, representing Marathon, Lincoln and Langlade counties in Wisconsin. Their mission is to advocate for and to work to better the lives of individuals and families dealing with the effects of mental illness. Thank you to M3 for supporting this important cause!

RICHARDS INSURANCE FEEDS THOSE IN NEED

The employees at Richards Insurance & Benefits in Beaver Dam worked together to collect non-perishable food items to donate to local community members in need. The staff collected enough donations to share with both the local Society of St. Vincent De Paul and Habitat for Humanity. Way to give back to the local community!

SOCIETY INSURANCE EMPLOYEES SUPPORT THE UNITED WAY

Over the course of the year, employees from Society Insurance participated in a fundraising campaign aimed at supporting the efforts of the United Way of Fon du Lac. Following the end of the year, the total raised by employee giving for the 2022 Community Fundraising Campaign came out to almost $30,000 Great work Society Insurance!

TRICOR SHOWCASES LOCAL ARTISTS

The TRICOR Insurance – Boscobel office worked with the Wisconsin River Trail Organization’s art contest to display various pieces of artwork created by students at Boscobel elementary school. The talented artists from the 2nd, 3rd and 6th grade will have their work displayed proudly at the TRICOR office during the summer months until after the Taste of Boscobel on September 7th. If you are in the area, make sure to check it out and support the up and coming artists!

PIAW.ORG [ 23 ]

F E AT U R E

THE EFFECT OF THE FTC’S PROPOSED RULE TO BAN NON-COMPETE CLAUSES

By Al Diamond, President, Agency Consulting Group, Inc. The Federal Trade Commission is proposing a new nationwide rule that would ban employers from imposing noncompetition restrictions on agency employees (independent contractors as well as employees). The FTC considers noncompete agreements “unfair methods of competition”.

Of course, your associations (IIABA and PIA nationally) are fighting this rule imposition on the grounds that it would imperil agency asset value and continuity if any former employee could simply solicit the agency’s clients at will after departing employment.

While the FTC is trying to eliminate restrictions on former employees ability to earn a living in their area of expertise in the locale that the employee lives, the ruling is so broad that it will have seriously harmful effects on an insurance agent’s ability to protect his client base, it will cause EVERY CONTRACT to be reviewed and altered, and, subsequently, could seriously hamper the value of many insurance agencies whether Going Concerns or that are being valued for succession and perpetuation.

Purpose of the Rule The FTC is attempting to protect workers ability to change jobs. It believes that Non-Compete Agreements that prohibit an employee from being employed by competitors to the former employer and/or within a certain geographic area and time period are unfair to the employees.

The Silver Lining For decades we have been decrying geographic and timesensitive non-compete agreements as being overly broad and restrictive and the courts have routinely sided with the employee against the agency unless clear wrong-doing can be proven outside of the effort of the employee to continue to earn a living as an insurance agent. So, we have been promoting the conversion of Non-Compete Agreements into one or more of several restrictive covenants that still permit the former employee to work in his/her field of expertise in the area in which they live.

For instance, the rule will specifically not prohibit NSA’s (Non-Solicitation Agreements) or NDA’s (Non-Disclosure

Agreements) or NPA’s (Non-Piracy Agreements) and NAA’s (Non-Acceptance Agreements) if they are limited to protective purposes and don’t stop a former employee from working where he or she lives in his/her profession.

Its basic purpose is to allow agency workers to be employed by any company they choose regardless of location and competitiveness with their current or former employer.

In other words, “YOU CAN’T STOP YOUR EMPLOYEE FROM WORKING WHEREVER THEY WANT” after they leave your employ. This, in itself, evens the playing field BUT ONLY IF an agency could still protect their data and trade secrets from being stolen by former employees who are hired by your competitors to poach clients from the agency using knowledge about agency customers and products that was accumulated by the former employee while employed by the former employer.

And, if your Agreements impose restrictions on your workers that mimic non-compete clauses under different names the FTC has included wording to prohibit “functional equivalents” to non-compete clauses. So how you title the Agreement doesn’t matter. IF IT LOOKS LIKE A NONCOMPETE AND SMELLS LIKE A NON-COMPETE it will be treated like one and will be prohibited.

The Effect on Agency Values If you have NO restrictive agreements with your employees this rule will not affect you. However, as a primary appraiser of insurance agencies, we can tell you that the lack of restrictive covenants will certainly affect the agency value.

Who would be willing to pay you top dollar for your agency business if you have qualified employees who could leave upon the change of ownership and compete with their former agency on all of ITS customers. Will they take them all?? Probably Not. But they could certainly hurt an agency and will certainly cause consternation to the agency who is trying to transition ownership with all of its target customers being solicited by the former employees of the agency.

And the value of insurance agency businesses will, once again, become retention based since historical trends and assumptions would no longer valid.

MAY/JUNE 2023 [ 24 ]

The Reality Agency owners who have tried to impose geographic and/or time-based non-compete clauses already know it is virtually impossible to enforce these clauses. Courts throughout the U.S. have considered “Reasonability” in their decisions and have denied non-compete challenges unless blatant wrongdoing has occurred. But the same courts have sustained challenges using NSA’s (Non-Solicitation Agreements) or NDA’s (Non-Disclosure Agreements) or NPA’s (Non-Piracy Agreements) and NAA’s (Non-Acceptance Agreements) to legitimately protect the assets of an insurance agency from departed employees who have tried to virtually steal customers, other employees and the agencies confidential information to which they had access prior to their departure.

NON-SOLICITATION AGREEMENTS do not permit former employees to solicit the clients of their former employers using knowledge and data that they could only have secured from agency data while employed and compensated by their former employer. For instance, anyone can find out who owns a business, but the information gleaned about the number, type, compensation and functions of client and their employees is confidential to their insurance agent (and his staff). Departed employees cannot use that information if they have a Confidentiality and NonSolicitation Agreement.

The Non-Solicitation agreement’s term is related to how long the confidential data remains “relevant”. Data becomes “stale” after one or two years (renewal terms). The courts permit the duration of the Non-Solicitation to include a reasonable period of time for the agency to replace any relationship in existence between the former employee and the agency clients (usually one to three policy terms) NON-DISCLOSURE AGREEMENTS forbids the disclosure by a former employee of confidential information and the agency’s intellectual property known to the former employee while employed by the former employer and not commonly attainable in the public eye. This covers things like policies and forms used for specific clients, rating information, and client information (not easily available publicly).

While Non-Solicitation Agreements normally pertain to clients with whom the former employee was working in production or service roles in the former employer’s agency, NON-PIRACY AGREEMENTS refers to all other clients (and employees) of the former employer (and, sometimes, refers to clients who were active for the former employer within a year prior to the employee’s departure and to prospects that were actively being solicited by the former employer during the former employee’s tenure with the agency.

NON-ACCEPTANCE AGREEMENTS are implemented in recognition that the agency’s clients are free to use ANY

insurance company and agency that they choose. However, if the transaction involved the sale and purchase of agency clients, then this agreement provides that the seller not only can’t solicit the accounts that (s)he sold to the buyer, but for a period of time (usually 3-5 years), the seller can’t accept the clients that he has sold as new clients regardless of whether they were solicited or returned to the seller of their own volition. The clients can go wherever they wish EXCEPT back to the seller if the seller has taken payment in exchange for transferring the clients to the buyer.

The FTC’s rule references de facto non-compete clauses and “functional violations” that muddy the waters sufficiently that any violation of any restrictive covenants may be subject to litigation. It would also force employers to rescind any existing non-competes currently in use and could require employers to inform former employees that previously executed non-competes are no longer valid.

If passed, every agency-employee agreement will be required to be changed to adhere to the new rule.

What Can You Do About It? Individual agents have little influence on the FTC. However, knowing how long Non-Compete Agreements have been under attack and the fact that the courts are commonly supporting the individuals against the employers in such cases that simply restrict the ability of an individual to earn a living, we recommend that you preemptively revise any agreements to restrict your employees from damaging your agency should they depart from your agency and stay in the insurance business.

This is COMMON SENSE and the exercise of the Golden Rule. “Do Unto Others” implies that both parties come out of any relationship unharmed. That means we don’t interfere with an employees ability to earn a living – BUT – we should fully expect that the employee not participate in any way in activities that will harm our ability to do the same.

The only other thing we can see happening as the result of this ruling is that agency compensation may jump since the way to keep valuable employees is to pay them what they could earn by taking a job with our competitors.

Unfortunately, Compensation Compression is a reality in our business as in others when market pressures force compensation to increase for new employees while existing employees are paid according to their productivity in their existing role. If that productivity increase does not match the competitive pressure of the marketplace seeing new employees, your people could find higher pay by jumping to a new job than by staying where they are. Happily, the offset is appreciation and respect. The more appreciated an employee feels, the less likely it is that they would be tempted to jump to a new job for more money.

PIAW.ORG [ 25 ]

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MAY/JUNE 2023 [ 26 ]

HR Snapshot

CAN WE DENY AN EMPLOYEE’S USE OF ACCRUED VACATION TIME? Yes, the decision to approve or deny the use of accrued vacation time is up to you, assuming you do so in a consistent and non-discriminatory manner. It would be acceptable, for example, to deny a vacation request because approving it would leave you without adequate coverage or because the employee asked with less notice than is required by your time off policy.

You should, however, ensure that certain employees are not denied vacation disproportionately. For instance, if an employer’s administrative staff (who are all women), or their software engineers (who are all men), are consistently denied vacation because arranging coverage is difficult and deadlines are abundant, this could lead to claims of discrimination.

If you have “use it or lose it” vacation policy, you may want to change it (permanently or for 2020) to a system where hours roll over from one benefit year to another (up to a reasonable cap) so that employees don’t feel like they need to use up their vacation by a certain date or risk losing the benefit. If you already roll over hours, you might consider raising the Answer from Emily, PHR rollover cap for this year in response to COVID-19. In any case, be sure to notify employees of any changes to your policy.

CAN WE DO REFERENCE CHECKS FOR ONLY CERTAIN ROLES? Yes, as long as you’re not discriminating based on protected classes or characteristics, you can conduct reference checks for certain roles but not others. For example, you may decide that supervisory roles or positions with access to sensitive information warrant this additional step during the hiring process. As with any reference check, don’t forget to get the candidate’s permission first.

That said, some employers like to have consistent practices across the board to reduce the risk of a discrimination claim. Employees can file claims based simply on the appearance of discrimination, and employers may be held liable even if they didn’t intend to discriminate. In this case, doing (or not doing) reference checks for all roles would be the most risk-averse approach.

If you would like to check references only for certain employee groups, you should consider whether your policies and practices are disproportionately affecting employees who share a protected characteristic (race, sex, age over 40, etc.). If candidates who were rejected after a reference check were all or mostly the same gender, for instance, you’d want to be sure Answer from Daniel, that the reference checks were both a business necessity and that there SHRM-CP was no other policy you could implement that would have less of an impact on the protected group.

PIAW.ORG [ 27 ]

F E AT U R E

Bye-bye Boss:

Why Good Employees Leave and What to Do About It

By Kate Zabriskie

“I can’t take it anymore! We’re short staffed, I’m killing myself to hold it together, nobody says thank you, so goodbye! Life is too short for this. I can work somewhere else.”

“I was doing just fine working from home. Now they’re making us go back. Call me crazy but spending three hours in the car doesn’t excite me. I’m updating my resume this afternoon.”

“I’m not passionate about this place. We’re all about stuff I don’t care about, I don’t connect with my manager, and the pay isn’t that great. I need to find a better fit.”

Thoughts such as those happen many times every day in organizations large and small. While a certain amount of turnover is healthy and normal, when an employer hemorrhages staff, it can take years to recover. And let’s face it, retention is tough in a lot of places. While you can’t make people stay, you can take some critical actions to address the main reasons people say sayonara, so long, and see you later.

Goodbye Reason One: Employees Want a Better Relationship with Their Managers If you haven’t done a good job cultivating a good relationship with your direct reports, today is the day to start. Evaluate your behavior. Would you want to work for you? Would anyone else? Look for patterns. If people don’t stick around and they don’t cite another plausible reason for their decision, guess what? It’s probably you. You never hear from any of them after they depart? It’s definitely you.

Get honest with yourself. Are you a yeller? Inconsistent?

Punishing? Self-centered? Uncommunicative? It’s time to get to work. Identify the behaviors that would cause someone to leave and stop doing them. Next, identify the behaviors that would encourage someone to stay, and start doing those things. Needing to be a better manager is a simple diagnosis with a hard prescription. If you don’t know how to get better on your own, take a class, read some leadership books, craft an action plan, hire a coach, or take a combination of those actions.

Goodbye Reason Two: Employees Are Bored or No Longer Challenged While people do outgrow jobs, and sometimes there is nowhere to move them, you can solve for this problem. If people can do the job and become restless, look for special projects, cross-training opportunities, and other extras. At a minimum, that extra attention should slow their departure.

If the problem is reoccurring, ask yourself what kind of person would be right sized for the position, and consider hiring for those attributes the next time.

Goodbye Reason Three: Employees Want a Better WorkLife Balance It’s called a job, not purgatory. While there are certain people who live to work, most people want some semblance of a life outside of work. Ask yourself if you’re running a sweatshop. Does everyone need to be in the office from nine to five Monday to Friday? If not, a little flexibility can go a long way toward building loyalty and making a job

MAY/JUNE 2023 [ 28 ]

attractive. Next, think about measuring people based on output instead of the hours worked. If employees must type on a keyboard a few times to satisfy some sort of monitoring software, you’re most likely not endearing yourself or your organization. What? You don’t trust them to do their work? Then here’s a simple answer for you: anyone who needs to be micromanaged probably shouldn’t have been hired in the first place.

Goodbye Reason Four: Employees Don’t Connect with the Organization or Its Purpose Not every business touches the heart strings, but every business should tell its story in a compelling way. If it’s not a story about the business itself, perhaps it’s a connection to the role. Still nothing? If what your organization does isn’t setting the world on fire, think about other selling points. Could it be you have a warm and inviting family atmosphere? Are you a great training ground for something else later down the road? Can employees stop thinking about work the minute they walk out the door? With a little bit of work, you can find a meaningful story for almost any organization.

Goodbye Reason Five: Employees Can Get More Money Elsewhere As the saying goes, you get what you pay for. So if you’re paying 1983 prices, why are you surprised when people

leave? They can do better elsewhere. Nothing personal, it’s just business. If you pay below average wages and have nothing to balance the shortfall, you’re going to lose people. You don’t think the job is worth more money?

That’s too bad, your competitors do, and you lose. Stay aware of what’s happening in your industry, your market, and so forth. Also, don’t only offer money when people let you know they’ve gotten another offer. At that point it’s often too late.

Economies fluctuate. Sometimes the market favors employers, and other times employees hold a more favorable hand. Smart managers realize the cyclical nature of retention, and they do what they can to minimize the goodbyes in good times and bad. What do you need to do differently?

About the Author: Kate Zabriskie is the president of Business Training Works, Inc., a Maryland-based talent development firm. She and her team provide onsite, virtual, and online soft-skills training courses and workshops to clients in the United States and internationally. For more information, visit www. businesstrainingworks.com.

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PIAW.ORG [ 29 ]

EDUCATION

Register online at piaw.org or call 1-800-261-7429. Contact Brenda

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.

May 2023 Webinar Schedule TITLE & WI CE

DATE

TIME (CST)

INSTRUCTOR

Leadership and Liability: Insuring Executive Risk 3 WI CE # 6000115913

5/9

8-11a

Steve Lyon, CIC, CPCU, ARM

Ethical Dilemmas in Insurance and the Responsibilities of Agents 3 WI ETHICS, CE # 6000136606 Utica Approved

5/9

12-3p

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

Cyber Coverage: Protecting Your Insureds From Hackers, Liars, & Really Bad Bots 3 WI CE # 6000136607

5/10

8-11a

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

An Hour with Cathy: Commercial Property Valuation Options (aka “How Big is the Check?!”)

1 WI CE # 6000143292

5/10

1-2p

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

Homeowners Deep-Dive: What You Need to Know About the Most Recent Forms 3 WI CE # 6000134134

5/11

8-11a

David Thompson, CPCU, AAI, API, CRIS

More Money, More (Insurance) Problems? Mastering P&C Coverage for the Affluent Market 3 WI CE # 6000121850

5/11

12-3p

Kym Martell, CRM, CIC, CRIS, AAI, MLISM

An Hour with Nicole: Everything You Need to Know About Insuring Work-From-Home Exposures 1 WI CE # 6000134133

5/17

1-2p

Nicole Broch, CIC, CISR, PLCS

Inflation and Personal Lines: Helping Insureds Understand Why It Matters 3 WI CE # 6000139308

5/18

8-11a

Nicole Broch, CIC, CISR, PLCS

Chris Amrhein’s “Adventures in Aging”: Medicare and Other Retirement Healthcare Solutions 3 WI CE # 6000108253

5/18

12-3p

Chris Amrhein, CIC

Flood Insurance, FEMA, and the NFIP 3 WI CE # 6000059679

5/23

8-11a

Robin Federici, CIC, AAI, ARM, AINS, AIS, CPIW

An Hour with Sam: A Numbers Game – Mastering the Coverage Symbols in a Business Auto Policy 1 WI CE # 6000125422

5/24

1-2p

Sam Bennett, CIC, AFIS, CRIS, CPIA

Marriage, Kids, Money, Assisted Living and Everything Between: Home and Auto Exposures for Life 3 WI CE # 6000134114

5/25

8-11a

Scott Treen, CIC

MAY/JUNE 2023 [ 30 ]

for in-house webinar opportunities. bsteinbach@piaw.org

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.

June 2023 Webinar Schedule TITLE & WI CE

DATE

TIME (CST)

INSTRUCTOR

Mastering Business Income: Tools & Tips to Keep Insureds Flush 3 WI CE # 6000136605

6/6

12-3p

Terry Tadlock, CIC, CPCU, CRIS

Employment Practices Liability: A Coverage No Business Can Afford to Be Without 3 WI CE # 6000112610

6/7

8-11a

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

An Hour with Cathy: Certificates of Insurance – Headaches & Remedies 1 WI CE # 6000141037

6/7

1-2p

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

Certificates and Additional Insureds: What Did I Do to Deserve This?! 3 WI CE # 6000115912

6/15

8-11a

Carissa Bonner, ANIS, CRIS

“Wait…What the #^&* Just Happened?!”

Fourteen Personal Lines Issues To Know Before It’s Too Late 3 WI CE # 6000136608

6/15

12-3p

Scott Treen, CIC

Commercial Property: Recent Changes and Crucial Concepts 3 WI CE # 6000136533

6/20

8-11a

David Thompson, CPCU, AAI, API, CRIS

The Bad Thing Happened: Handling Commercial Claims & Coverage Disputes 3 WI CE # 6000139310

6/20

12-3p

Terry Tadlock, CIC, CPCU, CRIS

An Hour with Nicole: Why Personal Lines Deductibles Always Confuse Insureds 1 WI CE # 6000136589

6/21

1-2p

Nicole Broch, CIC, CISR, PLCS

Claims That Will Convince Your Insured to Enhance Their Homeowners Coverage 3 WI CE # 6000136609

6/22

12-3p

Nicole Broch, CIC, CISR, PLCSS

All Things Ethics: Agent Obligations, Standards, Authority and More 3 WI ETHICS, CE # 6000139311 Utica Approved

6/27

8-11a

Steve Lyon, CIC, CPCU, ARM

Chris Amrhein’s “Adventures in Aging”: Social Security and Other Retirement Income Solutions 3 WI CE # 6000110967

6/27

12-3p

Chris Amrhein, CIC

An hour with Dave: All-Things Ordinance or Law (Personal and Commercial) 1 WI CE #6000134131

6/28

1-2p

David Thompson, CPCU, AAI, API, CRIS

Growing Good Insurance: Using Property & Liability Endorsements to Fortify Farm Risks 3 WI CE # 6000115914

6/29

8-11a

Sam Bennett, CIC, AFIS, CRIS, CPIA

Certificates of Insurance and the Coverage Issues that Go With Them 3 WI CE # 6000110940 Utica Approved

6/29

12-3p

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

PIAW.ORG [ 31 ]

EDUCATION - DESIGNATIONS & UPDATES CIC WEBINARS & CLASSROOM Anyone Can Attend No Exam or Proctor Required for CE 16 WI CE Each (3 of 16 are Ethics in April)

MAY 17-18

JULY 11-12

Commercial Casualty Neenah

AUGUST 16-17

Personal Lines Madison

Insurance Company Operations 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

JUNE 14-15

AUGUST 29-30

Sheboygan (Includes 4 Ethics)

SEPTEMBER 27-28

Webinar

Green Bay (Includes 4 Ethics)

CISR WEBINARS & CLASSROOM

Anyone Can Attend. No Exam or Proctor Required for CE 7 WI CE Each

JUNE 6

Personal Auto Webinar

JUNE 27

NEW – Other Personal Lines Solutions, Green Bay

JULY 19

Commercial Casualty I Webinar

JULY 27

Commercial Casualty II Webinar

CPIA WEBINARS & CLASSROOM Anyone Can Attend. No Exam.

2 of 7 are Ethics in Webinars

MAY 23

CPIA 3 - Webinar

SEPTEMBER 12 CPIA 1 – Webinar

OCTOBER 4

CPIA 3 – Lake Geneva

MAY/JUNE 2023 [ 32 ]

OCTOBER 5 CPIA 2 - Webinar

NEW CICs

The Certified Insurance Counselor program is nationally recognized and highly respected insurance professional designation for agency owners, producers, agents, CSR’s, brokers, and insurance company personnel. Are you ready to join the elite group of CICs? Jason Hogue, CIC, CWCA Ansay & Associates LLC

Stephanie Kurland, CISR Fox Cities Insurance Agency, Inc. Nicholas Mand, CISR Acuity Stephenie Slaby, CISR Buckle Agency LLC

Terek Nesheim, CIC M3 Insurance, Inc.

New CISRs

Lorna Guzman, CISR USI Insurance Services

Reid Tate, CISR Ansay & Associate LLC Lisa Walter, CISR Acuity

The Certified Insurance Service Representative program empowers outstanding individuals to provide exceptional account management and customer service.

NEW CISR ELITEs

The honorable status for CISRs who aspired to be more and passed all nine CISR courses.

Shelby Anderson, CISR VAST

Bobbi Gofus, CISR Elite Ansay & Associates

Lee Boneske, CISR Church Mutual

Kristy Gruenewald, CISR Elite Ansay & Associates

Angie Day, CISR Rural Mutual Insurance Co.

Kristin Schlafke, CISR Elite Acuity

Margaret Edge, CISR Schwarz Insurance Agency, Inc.

Susan Yach, CISR Elite Ansay & Associates LLC

Catherine Gonring, CISR Client First Tax & Wealth Advisors

PIAW.ORG [ 33 ]

Good Business Decisions Help An Agency Succeed and Secure Its Future.

PIA membership gives you access to resources, products, and services designed to make it easy for you to run your business—not only day-to-day but with strategic planning for the future.

Business-building tools - Numerous tools to build your business and

OVERALL VALUE

$26,500+

from Breeze Disability Insurance to PIA Market Access to marketing support, $5,200+ grow and more!

Agency Management Tools - Manage with efficiency and provide

staff resources with Ascend payments, the PIA 401(k), hiring tools, $9,000+ your the PIA Blueprint for Agency Success, and more.

Advocacy - PIA’s daily vigilance ensures that the needs of independent agents are

prioritized by policymakers as they consider issues surrounding crop insurance, $1,000+ being flood insurance, the use of noncompete agreements, consumer privacy, the state-based insurance regulatory system, and much more.

PIA

MEMBERS

EARN MORE PIA members can

- Ample opportunities to earn designations and stay current with $300+ CEEducation and licensing requirements.

EARN

1,000+

$

PER MONTH

PIA Member Exclusives! - Access to PIA Connection magazine,

$11,000+ the PIA Advocacy Blog, tools from The PIA Partnership, discounts, community and networking opportunities, and more!

$$$

Credibility - PIA covers the insurance industry through articles and commentary

PRICELESS

to make sure the views of independent agents are accurately represented.

more in commissions when they write business with PIA Market Access, PIA’s flood program with The Hartford, PIA Cyber Insurance, and Breeze Disability Insurance.*

The above is a snapshot of the many PIA member benefits available through a PIA membership to help you save money, maximize commissions, and grow your agency.

MAKE THE RIGHT DECISION TODAY

JOIN PIA!

AND

For more information about PIA membership, or to join now, visit: www.pianational.org *The availability and effectiveness of any of the named programs depend on each agent’s individual circumstances. Many features, including applicable state law and regulation, may cause individual results to differ from those of this hypothetical PIA member, and these results are not necessarily indicative of future commission earnings. Results will vary by agent, location, regional market variations, and other factors. This example is for informational, illustrative, and educational purposes only. Members or prospective members should not assume their commissions will equal or exceed those in the example shown above. The specific products listed in the example may not be available to all PIA members and do not represent all PIA products. The market for and availability of each product may vary among and even within states.

MAY/JUNE 2023 [ 34 ]

Are you our next Agent Owner or AFFILIATE AGENCY?

“We’re an agency for agents and we truly mean that.

Our agents are owners and they retain 100% ownership of their book.

Let’s discuss how you can grow your business with us.”

- Chris Illman, CEO

more markets. bigger return. proven success.

Learn More: Chris Illman I cillman@robertsonryan.com I 800.258.0277 I www.RobertsonRyan.com/agentowner

The security you need.

The name you trust.

OUR PRODUCTS Businessowner’s

Personal Umbrella

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APPLY TO BE AN AGENT: WWW.GUARD.COM/APPLY/ Not all Berkshire Hathaway GUARD Insurance Companies provide the products described herein nor are they available in all states.

Visit www.guard.com/states/ to see our current product suite and operating PIAW.ORG [ 35 ] area.

SAVE the DDATE ATE! SAVE THE OPENS JUNE RREGISTRATION egistration opens June 1st15TH

promise

Since 1896

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ROCKFORD M UTUAL I N S U R A N C E C O M P A N Y

MAY/JUNE 2023 [ 36 ]

UPCOMING EVENTS

THE PIA OF WISCONSIN IS KNOWN NATIONWIDE FOR ITS TOP-NOTCH EDUCATION AND NETWORKING EVENTS!

June

May

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.

11 CISR Agency Operations Webinar (7 WI CE, 1 of 7 Ethics) 17-18 CIC Commercial Casualty - Neenah (16 WI CE) 23 CPIA 3 Webinar (7 WI CE, 2 of 7 Ethics) 6 CISR Personal Auto Webinar (7 WI CE) 14-15 CIC Ruble Seminar - Sheboygan (16 WI CE, 4 of 16 Ethics) 28 CISR Other Personal Lines Solutions - Green Bay (7 WI CE)

PIAW.ORG [ 37 ]

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

Directors

Steve Clements, CPIA President Clements Insurance Agency 151577 King Fisher Ln. Wausau, WI 54401 (715) 842-1664 steve@clementsagency.com

Steve R. Albinger Couri Insurance Associates 379 W. Main St. Waukesha, WI 53186 (414) 916-9321 salbinger@couri.com

Octavio Padilla Nova Insurance LLC 4615 W. National Ave. West Milwaukee, WI 53214 (414)639-1650 octavia@novaagencies.com

Ryan Butzke, CIC, CISR Immediate Past President Northbrook Insurance Associates, Inc. PO Box 520 Slinger, WI 53086 (262) 297-7101 ryanb@northbrook-ins.com

Mitch Tarras Advantage Insurance Agency LLC PO Box 165 Plymouth, WI 53073 (920) 893-3252 mitch@bwoinsurance.com

Lacey Endres, CIC Vice President M3 Insurance, Inc. 828 John Nolan Dr. Madison, WI 53713 (608) 288-2874 lacey.endres@m3ins.com Jon M. Strom Treasurer Image of Wisconsin PO Box 600 St. Germain, WI 54558 (920) 723-1209 jon@imageofwi.com Mike Endres Secretary Endres Insurance Agency, Inc. 2201 Eulalia Street Cross Plains, WI 53528 (608) 798-3811 mendres@endresinsurance.net

Staff

Matt Cranney, CIC, CRM Past President Liaison M3 Insurance, Inc 828 John Nolan Dr. Madison, WI 53713 (608)288-2810 matt.cranneym3ins.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

Michael Winstanley Winstanley Insurance Agency Inc. 3044 S. 92nd St. West Allis, WI 53227 (414) 425-6914 mdw@mdwinstanley.com Bob Wolfgram Campbell-Wolfgram Insurance Agency Inc. PO Box 122 North Prairie, WI 53153 (262) 349-9605 bob@wolfgraminsurance.com

Pete Hanson, CAE, CISR Executive Director phanson@piaw.org

Shirley Faherty Executive Assistant/Bookkeeper sfaherty@piaw.org

Brenda Steinbach Education & Convention Director bsteinbach@piaw.org

Becca Bredeson Administrative Assistant bbredeson@piaw.org

Heidi Hodel-Faris, CPIA, CIC Insurance and Member Services Director hhodel@piaw.org

Natalie White Communications Director nwhite@piaw.org

MAY/JUNE 2023 [ 38 ]

Feed Your Success

With a Broad Manufacturing Appetite.

EMC provides tailored protection for the needs of countless types of manufacturers — plus robust loss control, claims and medical management services to help maximize their uptime.

And as our agency partner, you can count on a high-performing program that helps your business thrive. Ask us how the EMC Manufacturing Program can feed your success today.

Check us out:

emcins.com/manufacturing-insurance

EMC Insurance Companies | Des Moines, IA | 800-447-2295 ©Copyright Employers Mutual Casualty Company 2023. All rights reserved.

PIAW.ORG [ 39 ]

Promise.

Insurance coverage is really just a promise.

A promise to be there when things go bad.

A promise of “we’ll take care of your customers.”

Find out more about the Silver Lining and how we value our agent relationships.

Visit thesilverlining.com.

The worst brings out our best.®