PIAW September/October 2023 Magazine

Page 1

PROFESSIONAL AGENT

JOIN US FOR

OCTOBER 4 & 5

LAKE GENEVA, WISCO NSIN

[ SEPTEMBER/OCTOBER 2023 ]
PRSRT STD US POSTAGE PAID MADISON WI PERMIT #168
Workers’ Compensation • Transportation – Liability & Physical Damage • Construction Liability • Fine Art & Collections Homeowners – Including California Wildfire & Gulf Region Hurricane • Structured Insurance • Financial Lines • Surety Aviation & Space • Environmental & Pollution Liability • Real Estate • Reinsurance • Warranty & Contractual Liability Infrastructure • Entertainment & Sports ...And More To Come. MORE TO LOVE FROM APPLIED.® MORE IMAGINATION. ©2023 Applied Underwriters, Inc. Rated A- (Excellent) by AM Best. Insurance plans protected U.S. Patent No. 7,908,157. It Pays To Get A Quote From Applied.® Learn more at auw.com/MoreToLove or call sales (877) 234-4450 SEPTEMBER/OCTOBER 2023 [ 2 ]

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.”

PIAW.ORG [ 3 ]
725 Heartland Trail Ste 108 | Madison WI 53717 | (800) 261-7429 | www.piaw.org
From The President
Memos From Madison
From The Boardroom
Capitol Update
Eye On The Law
OCI Administrative Action
Fear Of Failure: The Difference Between Doing And Managing
Engage 2023
Community Corner
2023 PIA Scholarship Golf Outing
Hot Coffee, a Chicken Nugget, and the CGL 29 Education
Wisconsin’s Outstanding CSR of The Year 36 Annual Meeting Notice and Nominations Committee Report 37 Upcoming Events 38 Directory
CONTENTS 4
6
8
10
13
16
18
20
22
24
26
33

Admittedly, it was an impulsive thing to do, but we were in our early 20’s and had a strong hankering for all things adventurous. The year was 1998 and I was visiting my brother who was working in a finance role in Quezon City near Manila, Philippines. Having just wrapped up a multiple-day scuba dive excursion in the Batangas, we casually made our way back north toward Manila. Along the way, we stopped at a tiny rural village to grab some inexpensive local fare and chat with the locals. It was from that remote spot that we decided to hire a local villager as a guide to take us on an overnight “jungle survival” outing. Both being Eagle Scouts, my brother and I welcomed the challenge and the opportunity to experience parts of the country rarely frequented by human beings, let alone tourists. So off we went, with nothing but the clothes on our backs and accompanied by our

IT’S A JUNGLE OUT THERE

five-foot-nothing, barefooted Filippino guide who wielded only a curved jungle machete and a small bag of rice. After trekking a couple of hours into the jungle, we began settling in for the day and making preparations for our overnight stay. Despite the language barrier, our guide showed us how to get clean water from a bamboo vine, identify helpful plants, and make a perfect steam-vented rice cooker and eating utensils using sections of bamboo shoots. As dusk crept in, I used the jungle machete to harvest huge leaves from a nearby tree. Testing my makeshift foliage bed, I found that I could lay my entire body on just two of them. Just as I was congratulating myself, the guide came over and exclaimed, “Oh! No lay on those – those itch leaves!” Once nightfall enveloped us, the jungle seemed to take on an entirely new life form. From every direction we listened to a cacophony of night birds, the scampering of unidentified critters, and bands of distant monkeys screaming from treetops. We even learned to ignore the sensation of mysterious insects scampering across our bare legs.

As we spent time in this remote and wild jungle, there were also two internal changes I noticed happening. Despite the ruggedness and absolute lack of the comforts of civilization, I sensed a growing determination to handle anything that came our way - a steeling of will against challenge and adversity. Secondly, my very perspective of our surroundings began to evolve. Initially perceived as a somewhat hostile and uncomfortable environment, I began to view my surroundings for the incredible resources they contained. So much of what was already around us could be used in exceptionally helpful ways.

Isn’t it also true of our day-to-day lives and our careers as well; that so much hinges on our perspective, a mindful

ingenuity, and a deep, internal sense of resolve? As insurance professionals, we realize that right now, it’s a jungle out there. But intentionally focusing beyond the challenge often reveals tremendous opportunity. Are there swarms of rate increases and re-rate requests crawling across your desk? It’s a sign of high market movement and the independent insurance agency is perfectly positioned to capture volumes of clients looking for a better insurance solution. All the noise of those underwriting requests and non-renewals bombarding from every direction? It just might result in a cleaner book of business that is more profitable in the long run for agency and carrier alike.

As a member of the PIA, you never have to run your agency like an episode of “Alone.” There is a vast storehouse of resources available to you no matter what you need to run and grow your agency. PIA offers to be one of your helpful guides to help you navigate all the ups and downs that is insurance. And perhaps best of all, you are joined by hundreds of other agents and carrier partners who support and strengthen one another to help make the insurance jungle a pretty darned enjoyable place to be.

As my PIAW Presidency reaches the end of its term, this will be my last From the President article for the Wisconsin Professional Agent magazine. From the bottom of my heart, thank you for allowing me to serve you in this role. Together, we have accomplished so very much this past year. To all those who served on PIAW committees and boards, you gals and guys are rockstars. Thanks for your time and the use of your incredible talents. To all of our members, thank you for being the best part of PIA. May God be glorified in all that was accomplished and may He bless each of you deeply every day.

SEPTEMBER/OCTOBER 2023 [ 4 ]
As a member of the PIA, you never have to run your agency like an episode of “Alone.”
FROM
STEVE CLEMENTS, CPIA President, PIA of Wisconsin
THE PRESIDENT

TRUST US TO BE THEIR ANCHOR

PIAW.ORG [ 5 ] Trust in Tomorrow.” and “Grinnell Mutual” are registered trademarks of Grinnell Mutual Reinsurance Company. © Grinnell Mutual Reinsurance Company, 2023. grinnellmutual.com PERSONAL | BUSINESS | REINSURANCE
With our personal watercraft coverage, your customers can set their course for smooth waters ahead. Trust in Tomorrow.® Contact us today.

There are SO many great reasons to take a CPIA or CISR course through PIA of Wisconsin, but our Past Presidents Club has decided to create one more good reason. They will pay for it!

That’s right, if you’ve been thinking about pursuing the CISR or CPIA credential to expand your knowledge and further your insurance career, now is the time to take the leap because the first one is on us! This new program is called the Past Presidents Fellowship.

CISR stands for Certified Insurance Service Representative. It is a series of nine, one-day courses that teach all the technical knowledge necessary to excel in an insurance agency. It is a great next step after getting your P&C license and a little bit of experience in the insurance industry. You only need to complete five of the courses and pass a test at the end of each to earn your CISR

THINKING ABOUT A PROFESSIONAL DESIGNATION, BUT HAVEN’T GOTTEN STARTED?

credential. You will learn about personal lines and commercial lines coverages, endorsements and exclusions. You may also opt to take an Agency Operations course that will help you to create good agency processes and avoid E&O claims and a Risk Management course that will help you to advise clients on reducing their risks.

CPIA stands for Certified Professional Insurance Agent. These courses teach techniques and strategies, as opposed to coverages. Strategies for strong customer service and retention, marketing strategies, sales techniques, and more. The CPIA program consists of three core courses and once you attend all three, you earn the credential. No exams necessary.

What the two programs have in common is that all the classes run for seven hours each and earn you 7 CE credits for each. Also, each class costs $199 to attend a classroom and $170 to attend a webinar.

All licensed agents need 24 CE credits to renew their licenses, every two years. Coincidentally, three CPIA courses will get you most of the credits you need to renew, and you can earn a professional credential at the same time. Alternately, four CISR classes will get you to 28 credits and you will be only one course shy of achieving that credential. Is there any reason not to accomplish both at the same time, especially if we’ll pay for the first one?

Even if you’re a mid-career insurance professional with all the professional designations you want, I’m betting there is someone at your agency or company who could use a nudge to get started on their continuing education journey.

Please get someone who works with you signed up for their first course, today. All you have to do is reach out to our Education & Convention Director, Brenda Steinbach (bsteinbach@piaw. org) and let her know which course you would like to sign up for under the Past Presidents Fellowship program. Listings of all CPIA and CISR scheduled courses can be found on our website at https://www.piaw.org/professionaldesignations/. Brenda would love to get you signed up!

Are you going to Engage 2023, the PIAW annual convention? Arrive early and take the CPIA 3 class we’re teaching onsite at the Grand Geneva Resort, October 4th. The course covers agency procedures, E&O risk mitigation, legal standards and more. You’ll get 7 CE credits, one of three classes towards the CPIA credential, and the PIAW Past Presidents will pay for it! When it’s over, join us for some fun and games at the opening party of our convention. There will also be a gathering of the Young Professionals Insurance Network that evening, at the Geneva Tap House.

Here are the nine CISR courses:

• Commercial Casualty 1

• Commercial Casualty 2

• Commercial Property

• Personal Residential

• Personal Auto

• Life & Health Essentials

• Elements of Risk Management

• Other Personal Lines Solutions

• Agency Operations

Here are the three CPIA courses:

• CPIA 1 – Position for Success

• CPIA 2 – Implement for Success

• CPIA 3 – Sustain Success

SEPTEMBER/OCTOBER 2023 [ 6 ] MEMOS FROM
MADISON
...now is the time to take the leap because the first one is on us!
PETE HANSON, CAE, CISR Executive Director, PIA of Wisconsin
PIAW.ORG [ 7 ] Insurance solutions for homeowners and small, medium, and large businesses. Competitive pricing, multi-product discounts, and easy submission process! Commercial & Personal Lines 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 area. Learn More: Chris Illman I cillman@robertsonryan.com I 800.258.0277 I www.RobertsonRyan.com/agentowner “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. Are you our next Agent Owner or AFFILIATE AGENCY?

THE COST OF A SPEEDING CITATION

Speeding is a common traffic violation that not only puts lives at risk but also has financial consequences. In early August, Ben Jordan from TMJ4 News in Milwaukee contacted PIA of Wisconsin asking for a contact in the area to talk to about the potential impact of speeding on insurance rates for TMJ4 News’ Project: Drive Safer. PIA Executive Director Pete Hanson asked me to do the interview, and I was happy to help.

As I was preparing to meet with Ben, I realized how much of an impact driving 20 MPH over the speed limit could have on insurance premiums. Over three years, the cost would be thousands of dollars.

In the interview, Ben and I talked about some of the factors taken into consideration by insurance carriers to calculate rates. I mentioned driving history, age, type of vehicle, location and credit score.

To show Ben the possible financial impact I ran a quote using my own info, including a garaging zip code of the South Side of Milwaukee and a recent speeding citation for 20 MPH over the limit. I was surprised at how much one ticket would cost me. I explained to Ben that insurance companies view speeding as an indicator of risky behavior that increases the likelihood of accidents and claims. As a result, drivers who have a history of speeding are considered higher-risk clients and are charged higher premiums to mitigate potential financial losses for the insurer. But, I never imagined that rate increase would add up to $5300, over a three-year period – the cost of a nice vacation for many.

I concluded that the consequences of a speeding violation go beyond the

immediate fines and penalties. While the initial ticket might seem like a minor inconvenience, the long-term financial impact can be significant. This financial burden serves as a reminder of the importance of respecting speed limits and driving safely. I’m glad that Ben contacted PIA and I got the opportunity to help out with TMJ4’s Project: Drive Safer.

Given the attention this story received, it’s a story that might be of interest to a reporter in your town, as well. If you’re looking for some earned media, you might be able to replicate the story with one of your local news outlets. Just remember to tell them you’re a member of Professional Insurance Agents of Wisconsin. I put my membership plaque front and center on my desk, so the camera couldn’t miss it!

SEPTEMBER/OCTOBER 2023 [ 8 ]
FROM THE BOARDROOM
Speeding is a common traffic violation that not only puts lives at risk but also has financial consequences.

DON’T CHASE THE COMPETITION... BECOME THE COMPETITION!!

PIAW.ORG [ 9 ] PERSONAL | BUSINESS TIMES LIKE THESE CALL FOR IMT’S WORRY FREE BUSINESSOWNERS INSURANCE. Give your policyholders the protection they deserve to keep their business covered, even in the worst of times. Learn how you can represent IMT Insurance by visiting imtins.com/contact The information presented here is intended for informational purposes only and does not supersede any provisions in your insurance policy and related documents. See applicable terms and conditions or your policy provisions for details. Contact: Tom Budzisz at tom@bwoinsurance.com 414-768-8100 • 800-924-6155 • Fax: 414-768-8110 7472 South 6TH Street, Oak Creek, WI 53154 www.BWOinsurance. com IS YOUR CURRENT AGENCY A BUST?
BWO agents enjoy... • 100% ownership • Contingency participation • Generous commissions • Comparative rater • Agents are contractors • Agency perpetuation • No non-compete • No monthly membership fee • No joining fee you can trust
Join BWO...
join one...
BWO is here for you today and for all your tomorrows.
the agency that remains small, not selling out to big entities or private equity firms that lose you in the shuffle. BWO continually invests in their independent agents giving you the freedom to do what you do best... SELL!!
BWOInsurance Good People to Know...BWO

HCAPITOL UPDATE

This shift has already brought changes, with new redistricting lawsuits being filed with hopes of overturning the recently drawn legislative maps. The current maps, which have been in place since April of 2022, were the result of a lengthy redistricting process full of contention and legal battles. Several rulings went to both the Wisconsin and United States Supreme Courts before the maps went into use. Democratic activists hope that the Court’s new majority will be given the opportunity to throw out the current legislative districts in favor of ones they find more favorable.

• Assembly Bill 260 – This bill, authored by Rep. Mursau (R – Crivitz) and Sen. Jacque (R- DePere), would change current law to prohibit the possession of open containers of alcohol and the consumption of alcohol when a UTV or ATV is on a highway, ATV trail, etc. that is open to the public.

WHITE

A New Supreme Court Dynamic

The biggest recent development in state politics is the official new makeup of the Wisconsin State Supreme Court. After a lengthy and heated campaign in the spring, Janet Protasiewicz, a former Milwaukee County judge, emerged as the victor over Dan Kelly and secured a ten-year term as Justice on the prestigious court.

This race was extremely significant for many reasons, but mainly for the far-reaching implications it is going to have on the ideological balance of the state’s highest court and the cases that make it there. For many years, the court has been under a 5-2 or a 4-3 majority. That conservative majority of the Court issued many impactful decisions on business and voting issues such as the COVID stay-at-home order, absentee ballot drop boxes, legislative redistricting, and many more.

With Justice Janet Protasiewicz’s swearing in on August 1st, she replaced Justice Patience Roggensack, and shifted the court to a 4-3 majority of liberalleaning justices. The conservative nowminority also includes Justice Brian Hagedorn, who has been a swing vote on many significant cases.

In addition to the redistricting issue, abortion, voter ID, school choice, union issues, and more could be coming before the Court in the near future. The Court’s new makeup will certainly mean a shift in outcomes from what has previously been the status quo.

The Post-Budget Legislature

Following the budget, the focus has now turned back to lawmakers’ prepping their policy priorities and getting bills ready for the floor. Floor sessions will likely resume in September, take a holiday break, and then carry over into the winter months before campaign season begins once again.

Legislators are constantly circulating new bills, hoping to gain support. Here are some new legislative items that may be of interest:

• Assembly Bill 50 – Authored by Rep. Binsfeld (R - Sheboygan) and Sen. Jacque (R – De-Pere), this bill would reduce the limit for a Class I felony charge from $2,500 down to $1,000 to match the surrounding states of Minnesota, Michigan, and Iowa.

• Assembly Bill 109 – This PIA priority bill, authored by Rep. Dallman (R – Green Lake) and Sen. Ballweg (R –Markesean), would require one-half credit of financial literacy education for graduation from high school. The bill recently passed the Assembly and also passed out of the Senate Committee on Education. Should the bill be voted on by the Senate, it will head to Governor Evers for his signature.

• Senate Bill 328 – This bill is known as the Know Your Healthcare Costs Act and is being authored by Sen. Felzkowski (R – Tomahawk) and Rep. Brooks (R- Saukville). It would require hospitals to make a list of standard charges publicly available for consumers of certain items and “shoppable services” that may be scheduled in advance. It mirrors the federal transparency requirements and gives Wisconsin the ability to enforce those requirements.

• Senate Bill 386 – This bill, authored by Sen. Stafsholt (R – New Richmond) and Rep. Duchow (R – Delafield) was recently reintroduced from the last legislative session. This bill puts into place certain requirements on car sharing programs and outlines insurance during peer-to-peer motor vehicle sharing transactions.

Continue to keep up to date with advocacy efforts and current legislative happenings with the Capitol Report and our blog at piaw.org.

On June 20th, Governor Evers signed 2023 Wisconsin Act 12, authored by Sen. Felzkowski (R – Tomahawk) and Rep. Kurtz (R – Wonewoc), which officially repealed the personal property tax. This has been a longstanding priority issue for PIA and PIA President Steve Clements attended the bill signing to help celebrate the success.

SEPTEMBER/OCTOBER 2023 [ 10 ]
NATALIE Communications Director
PIAW.ORG [ 11 ] It’s time to start a new chapter in your story. Consider becoming an independent Erie Insurance agent. • 13th largest auto insurer in the U.S.1 (even though we only operate in 12 states and the District of Columbia) • 12th largest home insurer in the U.S.1 • 13th largest business insurer in the U.S.2 • Support from a dedicated sales team and your own underwriter • FORTUNE 500® company • High customer retention3—over 90% Limited appointments available, so visit BecomeAnErieAgent.com to learn more, or contact me today: BE AN ERIE AGENT SM Erie Insurance agents are independent contractors and not employees. All Erie Insurance agents are subject to all terms and policies as outlined in the Erie Insurance Agency Agreement and related policies and procedures. 1 Based on direct premiums written, Best’s Insurance Reports 2020. 2Based on direct premiums written, commercial multi-peril writers, Best’s Insurance Reports 2020. 3Based on year-overyear retention rate data compiled by ERIE as of December 31, 2020 CMS149_30 6/21 ready
beginning? Fred Johnson, CIC Vice President & Branch Manager, Wisconsin Branch (262) 798-1941 or (877) 740-3743 Fred.Johnson@erieinsurance.com
for a new
SEPTEMBER/OCTOBER 2023 [ 12 ] Solving Problems Makes Us Attorneys; Anticipating Them, Makes Us a Partner. 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 FREE LEGAL PIAW MEMBER HOTLINE 1.844.672.1221 INSURANCEHOTLINE@AXLEY.COM 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.

Eye on the Law

Firing Your Customer

We see agencies end their relationship with customers for two main reasons. First, the customer may be too difficult to work with. It could be that he is confrontational, dishonest, or just challenging. Second, agencies will eliminate business that may not be profitable or that they no longer want to write. When terminating a customer, it is important that you communicate clearly, document accurately, and act fairly.

1. Contact The Carrier.

You are not terminating or nonrenewing your customer’s policy. The customer’s policy is with the carrier. You are telling the customer that he will need to move his business to another agent and possibly another carrier at the time of renewal. Since the policy is with the carrier, you need to know and follow the carrier’s policy when terminating your relationship with the customer.

2. Confirm It In Writing.

Avoid any chance of a claim against your errors and omissions policy by having a “former” customer that fails to renew or obtain new coverage. Notify the customer in writing with plenty of time for him to renew his policy or obtain new coverage through another agency. Maintain a copy of the written notice as proof that you notified the customer of your decision and that he will need to seek a new agent. You may want to refer him to another agency. Many agents will decide to have a faceto-face meeting or a telephone call when terminating a customer relationship. Even if you verbally notify the customer of the termination, you still should confirm the termination in writing.

3. No Discrimination.

Statutes and administrative rules prohibit unfair discrimination relating to insurance policies. Keep adequate records of why you are terminating your

relationship with the customer to ensure that you cannot be accused of doing so for discriminatory reasons. The reasons should be based on the customer’s actions, claims history, contractual violations, profitability, or other non-discriminatory reasons. Insurers may not refuse to insure or renew a policy based on sex. See Wis. Admin. Code § Ins. 6.55. Insurers may not cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status, or occupation. See Wis. Stat. § 632.35. Similarly, insurers may not refuse coverage to a class of risks for auto or home solely based on past criminal record, physical disability, past mental disability, age, marital status, sexual preference, “moral” character, or the location or age of the risk. See Wis. Admin. Code § Ins. 6.54. Make sure that any action you take will not lead to a possible allegation of discrimination.

The decision for agencies to sever ties with customers usually stems from two key factors: poor working relationships and strategic business objectives. The process demands a systematic approach.

• Always remember that the customer’s policy lies with the carrier, necessitating compliance with carrier policies.

• Safeguard against potential claims by notifying clients in writing well before renewal, allowing them to seek alternative coverage.

• Protect against claims of discrimination by documenting evidence to substantiate decisions.

While emotionally challenging, parting ways with difficult or unprofitable customers is a pragmatic move for maintaining and growing a better business. If you have questions about terminating a customer, call the PIA Legal Hotline.

PIAW.ORG [ 13 ]
SEPTEMBER/OCTOBER 2023 [ 14 ]
PIAW.ORG [ 15 ]

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.

JUNE 2023

Allegations & Actions Against Agents

Danielle M. Alexander, 121 W Farwell St., Ridgeway, WI 53582, 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, failing to timely disclose criminal charges and convictions while previously licensed, and violating the terms of previous OCI warning letters.

John Black, Sr., 5103 N Autumn Ln., McFarland, WI 53558, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely disclose administrative actions taken by the states of Illinois, Kansas, and Washington; and failing to respond to OCI requests for information.

Ronald L. Cooper, 123 Cartwheel Bnd., Austin, TX 78738, had his public adjuster registration revoked. This action was taken based on allegations of failing to provide surety bond information and failing to respond promptly to inquiries from OCI.

Apryl L. Daniel, 120 W Ave. K, Midlothian, TX 76065, had her insurance license revoked. This action was taken based on submitting a second licensing application with false information during the pendency of an original licensing application.

Alyssa Gadson, 2763 NW 42nd Ave., Coconut Creek, FL 33006, had her insurance license revoked. This action was taken based on allegations of making misleading statements and unsuitable recommendations relating to an insurance policy, failing to notify OCI of changes to her contact information, and failing to respond to OCI.

Gary R. Roth, 5735 W Spencer St., Appleton, WI 54914, agreed to pay a forfeiture of $3,000.00. This action was taken based on allegations of paying consideration to a disciplined person, using information provided by a disciplined person for the purpose of assisting in the sale of insurance, and permitting a disciplined person to be present during the solicitation of the sale of insurance.

Stephen Schmidt, 1850 Mercer Pkwy., Apt. 1202, Farmers

Branch, TX 75234, had his public adjuster registration revoked. This action was taken based on allegations of failing to provide surety bond information and failing to respond promptly to inquiries from OCI.

David Test, 10302 Joy Dr., Frisco, TX 75035, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely report an administrative action taken by FINRA.

Joseph White, 1000 NW 65th St., Ste. 110, Fort Lauderdale, FL 33309, had his insurance license revoked. This action was taken based on allegations of making misleading statements and unsuitable recommendations regarding a health insurance policy, and failing to respond to OCI.

Damian J. Woods, 1925 S Osprey Dr., Ridgefield, WA 98642, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose criminal convictions and administrative actions taken by the states of California and Pennsylvania on a licensing application.

July 2023

Allegations & Actions Against Agents

Lisa Andrews, 750 Green Tree Rd., West Bend, WI 53090, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Robert J. Boschke, 6336 Pine Lake Rd., Rhinelander, WI 54501, agreed to the permanent surrender of his Wisconsin insurance license. This action was taken based on allegations of violating an order of the Department of Financial Institutions and misrepresenting his qualifications or services.

Alex I. Carrera, 354 Dublin Rd., Bloomingdale, IL 60108, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely report and disclose administrative actions taken by the states of Indiana and Illinois.

Donald L. Champan, 1206 Arthur St., Wausau, WI 54403, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing

SEPTEMBER/OCTOBER 2023 [ 16 ]
NATHAN HOUDEK Commissioner of Insurance

to disclose an administrative action taken by the State of Wisconsin on a licensing application and violating the terms of a previous warning letter.

Paul T. Corrado, 599 Vista Cir., Columbus, WI 53925, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Ayanna N. Crittle, 2217 17th Ave., Rockford, IL 61104, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Jackie F. Culbertson, Jr., 1231 Main St., Mankato, MN 56001, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Robert E. Dixon, 2545 S 44th St., Apt. 22, Milwaukee, WI 53220, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Folashade O. Fajembola, 818 Saint Ives Crossing, Stockbridge, GA 30281, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Maurice M. Flowers, 900 Frances Way, Apt. 247, Richardson, TX 75081, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Michelle Y. Gardner, aka Michelle Y. Bowman, and Michelle Y. Taylor, 1448 Grove Park Dr., Apt. 412, Columbus, GA 31904, had her application for an insurance license denied. This action was taken based on allegations of failing to disclose criminal convictions and administrative actions taken by the states of California and Alabama on a licensing application.

Erica Groleau, 733 Bernds Ave., New Richmond, WI 54017, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Daniel J. Hintze, W5054 Paradise Ln., Fond du Lac, WI 54937, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Ashley N. Hinze, S3042 Ault Rd., Reedsburg, WI 53959, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Edward A. Klug, 124 W Marquette St., Appleton, WI 54911, had his application for an insurance license denied. This action was taken based on allegations of owing delinquent state and federal taxes, submitting an incomplete licensing application, failing to respond to requests for information from OCI, exhibiting financial irresponsibility in the conduct of business, having previous administrative actions taken in the State of Wisconsin, and failing to comply with directives issued by the Division of Hearings and Appeals.

James R. McMiller, 386 Manchester Ln., Hartland, WI 53029, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Danielle Miller, 706 N 10th Ave., Wausau, WI 54401, had her insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Joseph C. Nickerson, 3940 NW 79th Ave., Apt. 641, Doral, FL 33166, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely report administrative actions taken by the states of New York, California, and Louisiana, and for violating the terms of a previous warning letter.

Marco A. Ortega, 2301 W Glen Hills Ct., Glendale, WI 53209, had his insurance license revoked. This action was taken based on allegations of failing to timely pay an ordered forfeiture.

Maksym Y. Parker, 132 Riverview Dr., Marshall, WI 53559, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Anthony C. Powell, 1716 15th Ave., Kenosha, WI 53140, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Shawn M. Pritchard, 914 E Kirkwood Dr., Aurora, MO 65605, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Hassan A. Sanders, 528 E 45th St., Chicago, IL 60653, had his application for an insurance license denied. This action was taken based on allegations of having an administrative action taken by the State of Illinois for misappropriating insurance premiums.

Kenneth M. Schiedermayer, N159 Brux Rd., Appleton, WI 54915, had his insurance license revoked. This action was taken based on allegations of owing delinquent Wisconsin taxes.

Anaanou Some, 513 Windsor Ct., Apt. 3, Fond du Lac, WI 54935, had his application for an insurance license denied. This action was taken based on allegations of having criminal charges and convictions that may be substantially related to insurance marketing type conduct.

Ashley N. Sullivan, 108 Dover Dr., Ruther Glen, VA 22546, was ordered to pay a forfeiture of $1,000.00. This action was taken based on allegations of failing to timely report administrative actions taken by the states of Louisiana, Kansas, Missouri, and South Dakota, and for violating the terms of a previous warning letter.

Anthony J. Trimboli, 8 Eugene Dr., Norwalk, CT 06851, had his application for an insurance license denied. This action was taken based on allegations of having administrative actions taken by the states of Connecticut, Pennsylvania, Colorado, New York, and Ohio; having multiple FINRA actions; and having employment terminations for cause.

PIAW.ORG [ 17 ]
1-800-236-8517.
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:

FEAR OF FAILURE: THE DIFFERENCE BETWEEN DOING AND MANAGING

Late last year we consulted with an agency on their growth plan. Every year they “planned” for growth but the normal stresses and pressures of daily agency efforts never allowed them the actually implement their objectives. So, in the Strategic and Tactical Planning process we included all of the specifics of their expectations and needs for growth by department and by producer.

Three months later – none of the action plans were implemented and their results were exactly as they were a year before – growing but mediocre. What happened? They didn’t like it when our answer was, “Fear of Failure”.

Most agents are “doers.” They sell insurance and interact with clients to keep them satisfied. Far fewer agents are “managers” who understand the ramifications of their actions and track their successes and failures to learn from the past, avoid pitfalls that block progress and repeat the steps that prove valuable in the achievement of their goals.

How much do you know about your agency and about your book of business? Is it important to know specifically how much business your agency writes and how much is retained in each of the divisions of the agency (typically personal lines and commercial lines)?

Most of us would say that these statistics are meaningful and important. But few of us actually know those statistics on a day-by-day basis. We think that because we think we can access that data, it is sufficient.

But if you were to get into your car and drive – without direction and a plan, simply knowing that your destination was 1,000 miles away, what would happen? You could certainly say that you were motivated to reach your goal and you would spend the time and effort to accelerate the vehicle for the time needed to make the trip. But unless you actually stopped and referred to a map to determine where you had gone; unless you understood the need to re-fuel and refresh every so often, you would quickly become lost and run out of gas and energy before achieving your goal.

A better plan is to pre-plan your route including pit stops for fuel and food. That way, you could monitor your results as you drove and make adjustments, as needed, to reach your goal refreshed and on time.

Similarly, “managing” your agency differs from simply selling insurance whenever possible and processing customer requests and transactions. The critical issues in your agency are how much (commission dollars) and how many (customers and policies) are being written as new business as your trip (your year) progresses, how much commission and how many customers are being retained or lost during the process, and whether the results will allow you to reach your GOAL (the destination for the agency for the year).

How would you know where you are going in your road trip if you didn’t even have a goal? Would you consider going on a driving vacation with no target planned? How would you know if you have reached your goal if you don’t even have one?

Using this analogy, have you identified the New Business and Retention (commissions and customers) GOALS of the agency for the year? Suggesting that it is impossible to tell how many new clients you will write or how many will leave you and that your goal is to write “as much new commission and as many new customers as you can” is a ‘cop out.’ We know that you would never consider stopping writing new business simply because you reach your target. That certainly doesn’t imply that you shouldn’t HAVE a target, does it? A target, whether the goal of your vacation ‘road trip’ or the goal for new business and retention in your agency, defines your expectation and the position that would define “success” for you. In your vacation, the target is your

FEATURE

destination. In your agency, the target is the level of combined New Business generation and Retention that would allow you the compensation and profit needed to support your personal needs and your business needs.

One troubling situation we encounter with agents all over the country is their reluctance to Plan and monitor the plan because they work as hard as they can and they don’t want to find out that they are not achieving their goals for as long as possible. Not achieving goals depresses the agency owners. But they inherently know that they are not ‘making the numbers.’ The owners choose to blindly ‘accelerate’ and continue the trip rather than analyzing what is happening and making adjustments to increase the chances that they reach their goals for the year.

No, it is NOT ‘comfortable’ to review the numbers and find them wanting. But if you don’t analyze your results vs. your expectations and goals on a regular basis during your ‘road trip’ you will a) eventually run out of gas at the least opportune moment, and b) never reach your goal in the time allotted for the trip.

What do you need to do to avoid “empty” in your agency ‘road trip’ this year?

SET A PLAN WITH OBJECTIVES FOR THE CRITICAL ITEMS OF NEW BUSINESS COMMISSION AND CLIENTS AND RETENTION OF COMMISSION AND CLIENTS. This is similar to setting your destination in the ‘road trip’ each year. The components of the Agency Plan is the combination of NB and Retention just as the components of the road trip is following the map’s guidance and making sure you have enough fuel in yourself and in your vehicle to reach your goals.

CREATE ACTION PLANS THAT YOUR EXPERIENCE TELLS YOU WOULD LIKELY ACHIEVE THE DESIRED RESULTS FOR NEW BUSINESS AND RETENTION. Every road trip is marked by way-points and expectation of average speed and time you will travel daily. In your agency, simply telling your staff to work harder is insufficient to assure that they reach the way-points that define interim success on your annual journey. Action Plans define the “How To” of

generating NB and retaining clients.

BENCHMARK YOUR RESULTS ON A MONTHLY BASIS AND MONITOR THOSE RESULTS AGAINST THE PLAN TO SEE IF YOU ARE ACHIEVING EACH ACTION PLAN AND REACHING THE BENCHMARK POINTS ON YOUR ANNUAL ‘ROAD TRIP’ If you don’t look at how far you’ve gone until you either reach your destination or run out of gas you will likely not have a wonderful trip. Similarly, if you don’t look at the progress of your NB plan and your Retention plan until the end of the year, you give yourself no opportunity to make adjustments and you never know whether to pat yourself and your staff on the backs for a job well done or understand that you are not achieving your expectations. All you know on a day-by-day basis is that you are coming to work, answering the phone and doing what the customers expect of you. In other words, you are the agency’s “driver” but not its manager.

MAKE QUARTERLY ADJUSTMENTS TO YOUR ACTION PLANS AND TO YOUR GOALS TO ASSURE YOURSELF THAT YOU GIVE YOURSELF THE BEST CHANCE OF REACHING YOUR DESIRED ‘DESTINATION’ OR, IF YOU CAN PREDICT THAT YOU WON’T REACH THE DESIRED GOAL, AT LEAST CHANGE THE OBJECTIVE TO ONE THAT WILL BE ACHIEVED THROUGH YOUR CONTINUED EFFORTS BY THE END OF THE YEAR. If your goal is to get from New York to San Francisco but your progress monitoring indicates that you will only reach Kansas City by the end of the year, what good is leaving the goal at San Francisco? Either make the minor adjustment of increasing your speed (changing the Action Plans) to reach the desired goal or, if you have no other ideas for moving your agency faster, change your goal to Kansas City and identify what you will be able to do (with the revenue that you will eventually generate in total) once you get there. Will you be able to make a profit? Will you be able to pay yourself what you had planned? Will you need to ‘lighten the load’ or will you have to live on less income?

The implication of asking and answering these questions defines whether you are just the driver or are managing your agency as well as motivating it forward.

OCTOBER 4 & 5

JOIN PIA AT THIS BEAUTIFUL AAA FOUR DIAMOND RESORT!

Make Your Reservations Today! Use the link at piaw.org/engage for the $159 rate, plus discounted $10 Campus Fee, until sold out.

WEDNESDAY 10/4

8:30 a.m.–4:00 p.m.

CPIA 3 Sustain Success with Mary LaPorte CIC, CPCU, CPIA, AINS, LIC

(7 CE) Separate registration required. Half-off with Engage 2023 registration!

7:00–11:00 p.m.

President Steve Clements’ “2023 Engage Party”

A casual night with great food, playing in the PIA Game Room and maybe a bit of Karaoke!

THURSDAY 10/5

8:30–9:30 a.m.

PIA Annual Business Meeting & Election of Board Members

9:45–11:45 a.m. Concurrent Sessions

Data and Its Role in New Business with Chris Paradiso - or - Memory Power with Paul Mellor

12:00–1:15 p.m.

Awards Lunch

1:15–3:00 p.m.

(Re)Connect Formerly known as the Trade Show

3:15–4:15 p.m.

“Work, Laugh, Repeat” with Greg Schwem

FOR MORE INFORMATION AND REGISTRATION VISIT PIAW.ORG/ENGAGE

SEPTEMBER/OCTOBER 2023 [ 20 ]
LAKE GENEVA, WISCO NSIN

OUR SPEAKERS

CHRIS PARADISO – Being an insurance agent is much more than selling something. It’s about helping people. For Chris, the role the independent insurance agent plays must never fade away – and that has become his passion. He has built an agency where his agents are empowered with passion and an innate desire to help. Now, he spends his time helping the rest of the industry do the same. In “Data and Its Role in New Business” you will learn how to implement AI into your agency where it makes the most sense. Examples will be given on platforms agencies can use to begin this process. Chris knows the keys to success and will speak directly to you as an insurance agency owner himself. Learn more at paradisoinsurance.com.

PAUL MELLOR – Paul was a finalist in the USA Memory Championship, where he recalled the names of over 90 people in less than 15 minutes, remembered in exact order over 100 single-digit numbers after a five-minute study, and recalled the exact order of a shuffled deck of playing cards after less than a three-and-a-half-minute review. In his engaging, energetic and fun-filled “Memory Power” you’ll learn time-tested techniques for recalling names, speaking without notes, and gaining control of your day without the fear of forgetting. When you’re skilled in memory all your other skills get better. This program shows how. Learn more at mellormemory.com.

GREG SCHWEM – Work, Laugh, Repeat Greg is the King of the hill in the world of corporate comedy - The Chicago Tribune, Your boss’s favorite comedian - HuffPost Despite its therapeutic qualities, laughter is often absent from the business environment. Greg shows it is possible to laugh at work and about work, via clean humor heavily customized for Wisconsin PIA attendees. Put down your phones and laugh along with Greg as he good-naturedly discusses topics such as virtual meetings, business travel, “frequently” asked questions, and how everyone coped during a two-year lockdown. A leading financial software meeting planner remarked, after seeing Greg’s presentation, “I realize now we need to lighten up.”

MARY LAPORTE, CIC, CPCU, CPIA, AINS, LIC – Mary LaPorte is a resource to the insurance industry, counseling agencies on a variety of workflow and management issues. Having over thirty years experience with one of the largest independent agencies in the Midwest, Mary has extensive experience with hiring, supervision, workflow and agency acquisition issues. The “CPIA 3 Sustain Success” focuses on fulfilling the implied promises contained in the insuring agreement. 7 WI CE Credits and Utica approved. Attend CPIA 1, 2 and 3 to earn the CPIA designation. Learn more at CPIA.com. Learn more about Mary at lpinsuranceconsult.com.

PIAW.ORG [ 21 ] PLATINUM SUPPPORTING MEMBERS GOLD SUPPPORTING MEMBERS Acuity / IMT Insurance / Penn National Insurance Safeco - Liberty Mutual Insurance / Society Insurance SILVER SUPPPORTING MEMBERS Badger Mutual Insurance / EMC Insurance Companies Encova Mutual Insurance Group / Erie Insurance Germantown Mutual Insurance Company Madison Mutual Insurance Company / Pekin Insurance® Progressive Insurance / SECURA Insurance West Bend - A Mutual Insurance Company
ENGAGE 2023 SPONSORS
Mutual Reinsurance Company
National Insurance Group SPECIAL
CHAMPION
Grinnell
Western
THANKS

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!

ACUITY HEALTH CHALLENGE RAISES MONEY FOR THE NICU

This year, Acuity’s annual Health Challenge brought together over 550 people to help raise money for the Acuity Neonatal Intensive Care Unit (NICU) at the Acuity Birthing Center of Aurora Medical Center in Sheboygan County. This facility allows parents in the community the ability to have their children treated locally rather than having to travel. This year, the Health Challenge featured a 5K or 2-mile run/walk and had an over 20% increase in participation. When all was said and done, the event raised over $12,000 to benefit the NICU! WOW!

MARSHFIELD INSURANCE AGENCY HOSTS “FORE ROGER” FOR ALZHEIMER’S RESEARCH

On June 27th, Marshfield Insurance Agency put on their 6th annual “Fore Roger” golf outing at RiverEdge Golf Course. The event has been held in honor of the founder of Marshfield Insurance, Roger Arnoldy, who passed away in 2012. Nick Arnoldy, Roger’s son and owner of Marshfield Insurance, started the event in honor of his father and to support those who are also affected in Central Wisconsin. This year, the event raised over $23,000 that will go towards supporting families affected by Alzheimer’s as well as the Marshfield Clinic Health System Foundation. Over the years the event has had great success with total contributions totaling over $123,000 for Alzheimer’s research. Great work Marshfield Insurance!

SEPTEMBER/OCTOBER 2023 [ 22 ]

WISCONSIN MUTUAL INSURANCE HELPS HABITAT FOR HUMANITY

During the summer, the Wisconsin Mutual Insurance farm product team in Coon Valley, WI got their hands dirty helping out with La Crosse Area Habitat. It was a messy project, but the team worked together to sand and mud for the day and had a great time helping out and giving back to the community!

VIZANCE VOLUNTEERS AT GUEST HOUSE OF MILWAUKEE

This summer, volunteers from Vizance spent time working at Guest House of Milwaukee, a local homeless shelter. The Vizance team spent the afternoon weeding, planting, and harvesting produce in the community garden. Through their collective efforts, they were able to help provide fresh produce for the surrounding community to enjoy! Thank you to the Vizance team for offering their time, energy, and resources to help alleviate the hardships faced by homeless individuals in the Southeastern Wisconsin community.

ROBERTSON RYAN HOLDS 2023 ‘COMMUNITY’ SERVICE DAY

The 2023 Robertson Ryan Community Service Day was the 6th annual service day dedicated towards volunteering in the community and giving back. The theme for the year was UNITY and focused on fostering a sense of unity and social responsibility to the community. During the day, volunteers worked at Hunger Task Force – The Farm, Lapham Peak, Wisconsin Independent Learning College, Elmbrook Humane Society, Burlington Parks Cleanup, Keep Kenosha Beautiful, Harrington State Park, Snuffle Mats & Balls for Dogs, & MORE! Over 230 volunteers across 19 states worked during the day for 41 non-profits and put in over 870 volunteer service hours. That is one productive day!

PIAW.ORG [ 23 ]

2023 PIA SCHOLARSHIP GOLF OUTING 20TH ANNUAL

On August 2nd, PIA took over the course at The Bog in Saukville, WI for the Annual Scholarship Golf Outing. It was a beautiful day - but a hot one! After a great round of golf, attendees gathered at the barn reception hall to cool off and celebrate the scholarship recipients the event supports.

This year was especially notable, as it was the event’s 20th anniversary! The funds raised due to the generosity of our fantastic sponsors and attendees over the years have allowed PIA to provide $325,000 scholarships to students

on the path to an insurance career. This year, there were 16 high school and college students from around the state who were awarded a scholarship.

This event continues to support an extremely important mission for the industry – securing new talent for the future.

Thank you again to all of our sponsors and our attendees for your support! Make sure to keep an eye out for 2024’s date - COMING SOON!

2023 PIA Scholarship Winners pictured with Kelly Everson of Wisconsin Mutual (far left)

Hot Coffee, a Chicken Nugget, and the CGL

Many of us are familiar with the hot coffee spill at a McDonald’s drive-thru in 1992, but have you heard about the chicken nugget? A case that occurred in 2019 just received a verdict this May finding McDonald’s negligent for cooking the chicken too hot, according to a May 12, 2023 article by the Associated Press.

The story begins as many of us have experienced. It’s a busy day, the kids are hungry, Happy Meals are ordered at the drive thru, handed back to the hungry little people in the backseat, and it’s off to the next step. This mother passed them back to her son and four-year old daughter (with autism) and began driving away. When Mom pulled over to check the cause of the screams from the back seat, she saw burns on her daughter’s upper thigh and the piece of chicken lying against it. The burns turned out to be second-degree.

In court, the lawyers for the girl and her family argued that the chicken was cooked at a temperature of 200 degrees, which was too hot. The defense attorneys for McDonald’s claimed that the chicken was cooked to a temperature no greater than 160 degrees and needed to be that hot to reduce the chances of food borne illness. The Food and Drug Administration’s (FDA) guideline is 165 degrees for cooking poultry and not less than 140 degrees for keeping it warm after it is cooked.

The girl’s parents filed suit against McDonald’s USA and the McDonald’s franchise owner for their negligence. They stated that McDonald’s had a duty to warn customers about the dangerous temperature of the food and the risks associated with it but failed to do so. In addition, they claimed McDonald’s cooked the food at a temperature hotter than required and failed to properly train the employees. The franchise owner was found negligent, but McDonald’s USA was not. The amount of the award has not yet been determined.

In comparing the nugget and the coffee, McDonalds was found negligent in also heating the beverage too hot. The coffee was 30 to 40 degrees higher than necessary, which caused Stella Liebeck’s third-degree burns. McDonald’s manual, put out by McDonald’s USA, instructed their franchisees to heat the coffee to 187 degrees. The FDA recommends 165 degrees.

In the 1992 case, Ms. Liebeck was riding with her grandson, in his car, when they stopped at a McDonald’s drive-thru for coffee. The vehicle did not have cupholders, so Stella steadied the coffee between her legs. Her grandson pulled over and stopped so Stella could add cream and sugar. When she opened the lid, the hot coffee spilled on her lap. Ms. Liebeck incurred third degree burns on her thighs and genitals and required skin grafts during her 8-day hospital stay.

Ms. Liebeck asked McDonald’s to pay her $20,000 medical expenses. McDonald’s offered $800. At trial, the jury was informed that approximately 700 people, over the previous nine years, had notified McDonald’s that they had been burned with hot coffee. Despite these injuries, McDonald’s continued to keep the coffee between 180 and 190 degrees. At this temperature, it takes less than three seconds to cause third degree burns. When the facts of the temperature of the coffee and the instructions in the manual were brought to light, the jury awarded a settlement that included both compensatory and punitive damages.

Compensatory damages “compensate” for harm which can include medical expenses and emotional distress. Negligence typically must be present. There is negligence when:

1. there is a duty owed. McDonald’s has a duty to provide a beverage that is safe to consume adhere to the FDA’s

FEATURE

regulations, warn against hot temperatures, and assure that the employees are properly trained.

2. there is a breach of that duty. In this case, McDonald’s failed to act as a reasonable and prudent restauranter, by overheating the coffee, and an injury occurred.

3. the breach of duty is the direct cause of the injury and

4. injury or damage resulted

Stella’s injury occurred in New Mexico which is a pure comparative negligence state. (The negligence of each party is considered and the plaintiff’s award can be reduced based on their responsibility in causing their own injury.) Stella’s original award of $200,000 in compensatory damages was reduced to $160,000 with the court finding that she was 20% negligent.

The claims in both cases are covered under McDonald’s Commercial General Liability’s (CGL) products liability coverage because:

1. There was a reliance upon a representation; the product was safe to consume.

2. The customer had possession of the product; the food had been served.

Product Liability is considered a strict liability. The manufacturer, distributor, or seller of a product has a responsibility to make sure that the product, when used properly, will not cause injury or damage and to provide

warnings against improper use along with instructions on how to use the product safely. McDonald’s later added a warning to their cups that the “contents are hot”.

The CGL’s insuring agreement states that it will pay what the insured is “legally obligated to pay” up to the policy limits. In addition to paying the compensatory damages, the CGL would also pay the cost to defend the insured, investigatory costs, and court fees above the policy limit under supplementary payments. Punitive damages may or may not be covered by the policy.

Punitive damages “punish” the defendant for intentional wrongs that cause injury or damage. In the coffee case, it is knowingly heating the product at a temperature that is unsafe. McDonald’s USA instructed all franchisees, via their manual, to heat coffee at this temperature.

Punitive damages are awarded when the act of the wrong doer causes substantial harm to the claimant or the act was forseeable by a reasonable person. The ISO CGL doesn’t specifically exclude punitive damages. However, some legal jurisdictions find that having the insurance company pay these is against public policy as it may encourage wrongdoing. The punitive award of $2.7 million, in the coffee case, was later reduced to three times compensatory damages. The award in the latter case has not yet been determined.

PIAW.ORG [ 27 ]
(815) 489-3275 promise ROCKFORD MUTUA L INSURANCE COMPANY Since 1896

REGISTRATION IS OPEN

DELIVERING MORE BY FOCUSING ON LESS. SMALL DETAIL. BIG DIFFERENCE.

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

SEPTEMBER/OCTOBER 2023 [ 28 ]
WWW.PIAW.ORG OCTOBER 4 & 5 LAKE
-
GENEVA, WISCO NSIN

OCTOBER 18-19

Life & Health West Bend

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)

NOVEMBER 15-16

Commercial Multiline Webinar

JANUARY 16-17

Life & Health Webinar

FEBRUARY 1-2

Commercial Casualty 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 27-28

Green Bay (Includes 4 Ethics)

DECEMBER 6-7 Webinar

MARCH 6-7 Webinar

CISR WEBINARS & CLASSROOM

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

SEPTEMBER 8

Insuring Commercial Property Webinar

SEPTEMBER 21

Elements of Risk Management Webinar

OCTOBER 17

Personal Auto Waukesha

CPIA WEBINARS & CLASSROOM

Anyone Can Attend. No Exam. 7 WI CE

SEPTEMBER 12

CPIA 1 – Webinar

OCTOBER 4

CPIA 3 – Lake Geneva

OCTOBER 5

CPIA 2 - Webinar

JUNE 19-20

Sheboygan (Includes 4 Ethics)

OCTOBER 26

Agency Operations Webinar

NOVEMBER 14

CPIA 3 - Webinar

PIAW.ORG [ 29 ]

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.

September 2023 Webinar Schedule

SEPTEMBER/OCTOBER 2023 [ 30 ]
TITLE & WI CE DATE TIME (CST) INSTRUCTOR Employment Practices Liability: A Coverage No Business Can Afford to Be Without 3 WI CE # 6000112610 9/13 8-11a Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS Certificates of Insurance and the Coverage Issues that Go With Them 3 WI CE # 6000110940 Utica Approved 9/14 8-11a Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS Chris Amrhein’s “Adventures in Aging”: Medicare and Other Retirement Healthcare Solutions 3 WI CE # 6000108253 9/14 12-3p Chris Amrhein, CIC Commercial Property: Recent Changes and Crucial Concepts 3 WI CE # 6000136533 9/18 12-3p David Thompson, CPCU, AAI, API, CRIS Flood Insurance, FEMA, and the NFIP 3 WI CE # 6000059679 9/19 12-3p Robin Federici, CIC, AAI, ARM, AINS, AIS, CPIW An Hour with Nicole: Everything You Need to Know About Insuring Work-FromHome Exposures 1 WI CE # 6000134133 9/20 1-2p Nicole Broch, CIC, CISR, PLCS All Things Ethics: Agent Obligations, Standards, Authority and More 3 WI ETHICS, CE # 6000139311 Utica Approved 9/21 8-11a Steve Lyon, CIC, CPCU, ARM The Bad Thing Happened: Handling Commercial Claims & Coverage Disputes 3 WI CE # 6000139310 9/21 12-3p Terry Tadlock, CIC, CPCU, CRIS More Money, More (Insurance) Problems? Mastering P&C Coverage for the Affluent Market 3 WI CE # 6000121850 9/25 12-3p Kym Martell, CRM, CIC, CRIS, AAI, MLIS Marriage, Kids, Money, Assisted Living and Everything Between: Home and Auto Exposures for Life 3 WI CE # 6000134114 9/26 8-11a Scott Treen, CIC An Hour with Dave: Fast Facts About Flood 1 WI CE # 6000123785 9/27 1-2p David Thompson, CPCU, AAI, API, CRIS Register online at piaw.org or call 1-800-261-7429. Contact Brenda

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.

October 2023 Webinar Schedule

An Hour with Sam: A Numbers Game – Mastering the Coverage Symbols in a Business Auto Policy

1 WI CE # 6000125422

Bots, Crypto, Weed and Other Risks You Never Imagined Insuring (But Here We Are)

3 WI CE # 6000134132

Lurking: Surprises in the Contractor’s CGL Policy & Endorsements to Watch Out For

3 WI CE # 6000110926

Chris Amrhein’s “Adventures in Aging”: Social Security and Other Retirement Income Solutions

3 WI CE # 6000110967

“Wait…What the #^&* Just Happened?!” Fourteen Personal Lines Issues To Know Before It’s Too Late

3 WI CE # 6000136608

Why Good People Do Bad Things: A Deep Dive into Agency Ethics

3 WI ETHICS, CE # 6000112615

An hour with Dave: All-Things Ordinance or Law (Personal and Commercial)

1 WI CE #6000134131

Homeowners Deep-Dive: What You Need to Know About the Most Recent Forms

3 WI CE # 6000134134

Growing Good Insurance: Using Property & Liability Endorsements to Fortify Farm Risks

3 WI CE # 6000115914

PIAW.ORG [ 31 ]
TITLE & WI CE DATE TIME (CST) INSTRUCTOR Claims That Will Convince Your Insured to Enhance Their Homeowners Coverage 3 WI CE #
10/5 8-11a Nicole Broch, CIC, CISR, PLCS
Online
and Employees Who Turn Out to Be
10/5 12-3p Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS
6000136609
Covering
Fraud
Crooks 3 WI CE # 6000134182
10/11 1-2p Sam Bennett, CIC, AFIS, CRIS, CPIAS
10/12 12-3p Steve Lyon CIC, CPCU, ARM
10/17 12-3p Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS
10/19 12-3p Chris Amrhein, CIC
10/24 8-11a Scott Treen, CIC
10/24 12-3p Terry Tadlock, CIC, CPCU, CRIS
10/25 1-2p David Thompson, CPCU, AAI, API, CRIS
10/26 8-11a David Thompson, CPCU, AAI, API, CRIS
10/31 8-11a Sam Bennett, CIC, AFIS, CRIS, CPIA
SEPTEMBER/OCTOBER 2023 [ 32 ]

New CISRs

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

Natalie Lodes, CISR Acuity Insurance

Hannah Zimmerman, CISR Vizance, Inc.

NEW CISR ELITEs

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

Kayla Peterson, CISR Elite The McClone Agency, Inc.

Elizabeth Griffin, CISR Elite West Bend – A Mutual Insurance Co.

Margaret Edge, CISR Elite Schwarz Insurance Agency, Inc.

WISCONSIN’S OUTSTANDING CSR OF THE YEAR

Congratulations to Jennifer DeGeorge, CIC, of Vizance, Inc. in Hartland, WI! Jennifer proceeds to the national competition and will be recognized for this achievement at Engage 2023 in Lake Geneva.

This prestigious award, created in 1991 by the Societies of CISR and CIC recognizes the important role the customer service representative plays in the day-to-day care and service of the customer. The award honors the CSR who demonstrates through dedication and performance, the highest level of personal and professional achievement. The PIA Board of Directors and the Education Committee use a comprehensive process to select Wisconsin’s recipient.

Read Jennifer’s winning essay under ABOUT/Hall of Fame at piaw.org

NEW CPIA

The Certified Professional Insurance Agent designation is the first-of-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.

Kimberly Esser, CPIA TRICOR, Inc.

Julie Davis, CISR Elite, CPIA West Bend - A Mutual Insurance Co.

Michelle Baumler, CPIA Vizance, Inc.

Nicholas Reckner, CPIA All Insurance Agency, Inc.

Theresa Vorpahl, CPIA Ansay & Associates LLC

Deon Dunn, CPIA West Bend - A Mutual Insurance Co.

2023 CANDIDATES

Ashleigh Asleson CISR

Martina Earney CPIA

Amanda Harness PLCS, CISR, CPRM

Alex Hudzinski CISR, CRIS

Megan Peyton

Sarah Rens

Brianna Schwanke CSRM

Cassie Trojanowsk CISR, CRIS

PIAW.ORG [ 33 ]

PIAW is pleased to present webinars that discusses the self-funding of employee benefits.

PIAW is pleased to present these UPDATED webinars that discuss the self-funding of employee benefits. All NEW course numbers.

The

2 CE Hours SEPT. 6, 9:30-11:30 AM

The interactive course covers the key point to Self-Funding/Self-Insurance. Learn about plan control, potential savings and risks, difference from traditional insurance, the players involved with a self-funded plan—and MUCH more!

Stop-Loss Insurance Coverage

2 CE Hours SEPT. 13, 9:30-11:30 AM

Dive into the components of Stop-Loss Insurance within Self-Funded Employee Benefit Plans. Learn the ins and outs of this coverage, including the need, level and type, the various kinds of contacts, and the underwriting and claim payment process.

Managing the Drug Benefit

2 CE Hours SEPT. 20, 9:30-11:30 AM

Hear valuable industry expertise and best practices on how to use a data-driven approach to evaluate and monitor your Pharmacy Benefit Manager.

Care Management and Provider Networks

2 CE Hours SEPT. 27, 9:30-11:30 AM

Explore the components of provider networks and the use of care management control cost and care delivered. Study wide versus narrow provider networks, current trends in serve pricing, as well as aspects of care management such as telehealth and acute case management.

SEPTEMBER/OCTOBER 2023 [ 34 ] INSTRUCTOR MICHAEL SMITH LUTCF, CLTC, LACP CPS FREE for PIA Members! $70 for Non-Members W EB INARS Life
Health
&
Self-Funding, the Numbers Behind the Numbers 2 WI CE March 15 • 9–1 1A M SIGN UP TODAY! WWW.PIAW.ORG/PIA-LIFE-HEALTH-FOCUS/
Insurance
Your Everyday Clients 2 WI CE July 1 4 • 9–1 1A M INSTRUCTOR DAVID GRUNKE CHC, RHU, CHHC Sign up today! www.piaw.org Instructor David Grunke CHC, RHU, CHHC FREE For PIA Memebrs! $70 for Non-Members Contact Heidi at 608-274-8188 to learn more about memership WEDNESDAY’S IN SEPTEMBER
Life
Strategies to Help
of self-funding
Why, the What and the who
Financing for Independent Insurance Agencies SFB is a Wisconsin-based community bank that understands the nuances of the insurance industry and has experience in financing all of your business and personal needs. • Acquisition Financing • Partner Buyouts • Producer Loans • Technology Loans • Lines of Credit • Refinancing Bankers Who Believe in You 888.254.0615 sfbank.com | Contact John, Kimberly and Curt to learn more on maximizing your agency. 0823

ANNUAL MEETING NOTICE AND NOMINATIONS COMMITTEE REPORT

The Annual Meeting of the Professional Insurance Agents of Wisconsin, Inc. will be held at 8:30 a.m. on Thursday, October 5, 2023 at the Grand Geneva Resort in Lake Geneva, Wisconsin. At that meeting, the Nominations Committee will place the following names in nomination for election to the Board of Directors. In accordance with PIAW procedures, we are publishing photos and a brief biography of each nominee. Nominations will also be accepted from the floor at the annual meeting and each nominee will speak on their own behalf prior to the election. Each director will serve a three-year term beginning at the installation ceremony at that day’s Awards Luncheon.

Luke Strupp, Comparion Insurance Agency in Milwaukee. Luke served four years in the U.S. Air Force and worked as a fabricator and a car salesman prior to his starting his insurance career with Keener Insurance Solutions in 2018. Luke has chaired the PIA Scholarship Golf Outing Committee for two years and he served on the YPC Committee for two years before that. Luke is also active in the Young Professionals Insurance (YPI) Network, helping to recruit more young insurance professionals to get involved in their industry. Luke’s top carriers include Safeco, Nationwide, Progressive, Travelers and National General.

April Tarras, Advantage Insurance Agency in Plymouth. April owns and operates Advantage Insurance Agency with her son, Mitch. She has served in many capacities in the industry, prior to her current gig as an agency owner. Many PIA members know her from her time as a marketing representative with McMillan-Warner Mutual or Calumet Equity Mutual. April served on many committees for PIA since 2007, including the Membership Committee, Agents Service Task Force and the Convention Committee. April also served on the Board of Directors of the Wisconsin Association of Mutual Insurance Companies (WAMIC). April’s top carriers are Germantown Mutual, Safeco, IMT, McMillan-Warner and Society.

Bob Wolfgram, Campbell-Wolfgram Insurance Agency, Waukesha, WI. Bob is a current agent and former owner at Campbell-Wolfgram Insurance Agency and has been in the insurance industry for 41 years. He has served on the Board of Directors and the Convention Committee for PIA since 2020. He is running for re-election to serve a second term on the Board. Bob’s principal carriers are West Bend Mutual, Acuity, Germantown Mutual, Integrity and Progressive.

SEPTEMBER/OCTOBER 2023 [ 36 ]

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.

8 CISR Insuring Commercial Property Webinar (7 WI CE)

12

21

27-28

CPIA 1 Position for Success Webinar (7 WI CE, Utica Approved)

CISR Elements of Risk Management Webinar (7 WI CE)

CIC Graduate Ruble – Green Bay (16 WI CE, 4 of 16 Optional Ethics)

4 CPIA 3 Sustain Success Webinar (7 WI CE, Utica Approved)

5 CPIA 2 Implement for Success – Lake Geneva (7 WI CE, Utica Approved)

17

18-19

26

CISR Personal Auto – Waukesha (7 WI CE)

CIC Life and Health – West Bend (16 WI CE)

CISR Agency Operations Webinar (7 WI CE, 1 of 7 Ethics, Utica Approved)

PIAW.ORG [ 37 ]
SEPTEMBER
October

DIRECTORY PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC.

officers

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

Directors

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

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

Alyssa Hobgood BWO Insurance Group, LLC 7472 S. 6th Street Oak Creek, WI 53154 (414) 768-8100

alyssa@bwoinsurance.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

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

Octavio Padilla

Nova Insurance LLC 4615 W. National Ave. West Milwaukee, WI 53214 (414)639-1650

octavia@novaagencies.com

Mitch Tarras Advantage Insurance Agency LLC PO Box 165 Plymouth, WI 53073 (920) 893-3252

mitch@bwoinsurance.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

Brenda Steinbach Education & Convention Director bsteinbach@piaw.org

Natalie White Communications Director nwhite@piaw.org

SEPTEMBER/OCTOBER 2023 [ 38 ] 725 HEARTLAND TRAIL, ST. 108 | MADISON, WI 53717 | WWW.PIAW.ORG PHONE: 608-274-8188 | TOLL FREE: 800-261-7429 | FAX: 608-274-8195

(608) 473-1045

benefits for agency owners

• 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

growwithus@tricorinsurance.com Contact us for a confidential consultation

PIAW.ORG [ 39 ]
INSURANCE.COM/GROW-WITH-US
GROW with TRICOR insurance TRICOR
Why agency owners choose TRICOR Insurance
David Fritz, CPCU President & CEO, TRICOR Insurance
TRICORINSURANCE.COM/GROW-WITH-US

We’ll keep the kitchen rolling.

Running a successful food truck business is hard work, but finding the right insurance program for your client is easy with West Bend.

Our business insurance program covers liabilities and expenses specifically for food truck professionals and their operations.

• Great pricing and exceptional coverage

• Experienced claim representatives

• Convenient options for reporting losses - available 24/7

Learn more about the variety of business line coverages available through West Bend by visiting thesilverlining.com.

The worst brings out our best.®
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.