Maryland Primary Agent - April 2018

APRIL 2018 | MARYLAND

THE COVERAGES ISSUE WHEN GOLF CARTS AREN’T FOR GOLF

CONFUSING COVERAGE TERMS FLOOD LIABILITY AND E&O TELECOMMUTING TIPS AND TOOLS

Have we met?

Why should you get to know us?

Our homeowners product is breakthrough!

Plymouth Rock Assurance is on the move in PA. Get on board and find out why we are more than just insurance.

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• Air BnB coverage and utility service line.

Our auto product offers unique programs!

• With Get Home Safe®, we’ll give your

customers a free cab ride home when it may be unsafe for them to drive.

• Door to Door Valet Claims Service®

handles the car repair process from start to finish!

We are signing up new agents every day!

To talk about appointment opportunities for your agency, contact:

David Gant, Marketing Director, at dgant@plymouthrock.com.

Plymouth Rock Assurance is a marketing name used by a group of separate companies that write and manage property and casualty insurance in multiple states. Insurance in Pennsylvania is underwritten by Palisades Insurance Company, Palisades Property and Casualty Insurance Company and High Point Preferred Insurance Company

IN THIS

12 OVERCOMING OBSCURE INSURANCE TERMS To earn trust and win business, you must truly understand the coverages you sell – and be able to explain them in plain English.

18 INTRODUCING INSTRUCTOR KEVIN AMRHEIN You’ll find this new faculty member at the helm of two of our 2018 special topic seminars, as well as behind the microphone for many of our live CE webinars.

22 HR SCENARIOS AND SOLUTIONS

Learn how your fellow agents get by with a little help from their friends at IA&B and our contracted HR firm.

26 TELECOMMUTING TIPS AND TOOLS

Review technology considerations to implement a remote-work environment.

IN EVERY ISSUE 2 3 4 6 8 10 30 32 32 32

Chairman of the Board’s Message Don’s Discussion Preventing Errors & Omissions Coverage Corner State News IA&B Partners Pics & Posts Education Classified Ads Advertiser’s Index

JOIN US ON SOCIAL MEDIA

Periodical postage paid at Mechanicsburg, Pa. and at additional mailing offices.

Postmaster: Send address changes to Insurance Agents & Brokers, 5050 Ritter Road, Mechanicsburg, PA 17055.

Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2018-4, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

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Copyright 2018. All rights reserved. No material may be reproduced in whole or in part without written consent of the publisher. The information in this publication is general in nature and not intended to serve as legal, accounting, financial, insurance, investment advisory or other professional advice as to any reader’s particular situation. Users are encouraged to consult with competent legal, financial, insurance, investment advisory and/or other professional advisors concerning specific matters before making any decisions. We disclaim any responsibility for any decisions or actions by readers. Statements of fact and opinion in Primary Agent are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of IA&B. Participation in IA&B events, activities and/or publications is available on a non-discriminatory basis and does not reflect IA&B endorsement of the products and/or services.

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CHAIRMAN OF THE BOARD’S MESSAGE

BOARD OF DIRECTORS INSURANCE AGENTS & BROKERS 5050 Ritter Road | Mechanicsburg, PA 17055 800-998-9644 | IABforME.com

SPRING FEVER

OFFICERS

W

Chair of the Board

John B. Hollister

hen this issue of Primary Agent arrives in your mailbox (or inbox, as it may be), it will be spring. Here in the Poconos, April means melting snow, greening mountainsides and – if all goes well – opening golf courses.

Vice Chair of the Board

Craig S. Mader

Immediate Past Chair of the Board

Michael F. McGroarty Sr.

MEMBERS

However, as I sit down to write this message, it’s early March and a different story. We’re in the midst of a late-winter storm, complete with snow, ice and high winds. While April feels very far away, I’m setting my sights on spring and the renewed energy it brings.

Emory Stephen Burnett, CIC, ARM

At your agents’ association, April brings a new membership year. And this year, in particular, spring feels like the absolute right time for it.

Ashley M. Fitzsimmons, CISR

I just returned to the office after our winter IA&B Board of Directors meeting, and the energy among the member volunteers and IA&B staff was contagious.

Things look and feel different – from the new IA&B logo, to the refreshed brand promise, to the renewed commitment to members.

Truly, it is an exciting time to be a member of this organization. Don’t miss out.

If you haven’t renewed your membership for the 2018-19 year, I encourage you to do it today, so you can come along for the ride.

Wilmington, Del.

Richard F. Corroon, CPCU Wilmington, Del.

Michael P. Ertel Sr.+ Columbia, Md.

Forest City, Pa.

G. Greg Gunn, CIC* Lemoyne, Pa.

Bryan C. Hanes, JD Hagerstown, Md.

David C. King Lancaster, Pa.

Lisa A. Leach Goth, CIC New Bethlehem, Pa.

Elizabeth H. Martin, CIC Millersville, Pa.

Mark J. Monroe

West Chester, Pa.

All the best,

Joseph R. Pastor, CPCU, AAI Oil City, Pa.

Richard M. Rankin, CIC Lancaster, Pa.

April E. Ressler, CIC

John Hollister Chairman of the Board

Altoona, Pa.

D. Bradley Rosenkilde Jr. Hunt Valley, Md.

Tara S. Silfies, CPCU Bethlehem, Pa.

Glenn R. Strachan

Ft. Washington, Md.

Bryan S. Willey Dover, Del.

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM** Newark, Del.

J. Marshall Wolff, CIC, CPCU Easton, Pa.

* Pa. IIABA National Director ** Del. IIABA National Director + Md. PIA National Director

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APRIL 2018

Don’s Discussion IA&B Legal & Corporate Affairs Director Don Bankus provided this month’s answer.

QUESTION: A bank extending a loan to one of my commercial accounts strong-armed the customer into also switching his insurance to them. Is this permissible?

ANSWER:

T

his is an interesting question.

While the answer is relatively straightforward, enforcement of applicable laws can be hard to achieve.

The situation described is generally referred to as tying. While some types of tying may be permissible, what you describe is seen as coercion and is prohibited. The prohibition is derived from federal law, as well as state statutes.

Meanwhile, Delaware statutes address tying arrangements in the Banking Code 5 Del.Code Section 929 and the Insurance Code 18 Del.Code Section 2304(23)(a). Maryland Code speaks to coerced or tie-in sales in Title 27, which governs Unfair Trade Practices (MD Code, Section 27- 214(a)), and Title 12 – Commercial Law (MD Code, Sections 12-124(a)(2) and (5)).

Federal law addresses this issue in 12 U.S. Code Section 1972, which provides in part:

Finally, in Pennsylvania, the producer licensing law provides a provision that prohibits tying by a financial institution (40 P.S. Section 310.76). The same section requires that those purchasing required insurance through the financial institution sign a form acknowledging that they were properly advised that the “purchase of the insurance from the financial institution was not a condition for receiving the loan and would not affect current or future credit decisions.”

(1) A bank shall not in any manner extend credit, lease or sell property of any kind, or furnish any service, or fix or vary the consideration for any of the foregoing, on the condition or requirement (A) that the customer shall obtain some additional credit, property, or service from such bank other than a loan, discount, deposit, or trust service; or (B) that the customer shall obtain some additional credit, property, or service from a bank holding company of such bank, or from any other subsidiary of such bank holding company.

Notwithstanding the ample federal and state prohibitions, enforcement of the laws can be elusive, primarily because: • Affected customers are often reluctant to file a complaint.

• Absent a customer complaint, it’s unlikely that you’d independently

have sufficient evidence to establish and support a violation.

• As a third party, you likely lack standing to file a complaint. As a rule, the affected customer is the one who would be required to do so, and more often than not, consumers lack the will to file an action against their bank and challenge a financial transaction they have just negotiated.

Ask our experts!

Have a question?

Rely on our team to find the answer.

Contact Don: 800-998-9644 Ext. 603 DonB@IABforME.com IABforME.com

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PREVENTING ERRORS & OMISSIONS

5 WAYS TO REDUCE YOUR E&O EXPOSURE FROM FLOOD LIABILITY

By Melane Humphreys, MS, CPHRM

A

lthough errors and omissions (E&O) claims resulting from floods typical rise and fall with weather-related disasters, risk mitigation needs to be at the top of one’s mind when offering new or renewal property coverage to reduce exposure. Use these five approaches to help reduce E&O exposure from flood liability.

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1. Understand. The agent’s understanding of flood insurance and the representations made to the client need to be explained clearly and accurately to avoid an E&O claim.

3. Options. Since there is an exclusion for floods under a basic property policy, the agent should always provide clients with the possibility of purchasing flood coverage.

2. Explain. A flood policy through the National Flood Insurance Program (NFIP) requires a separate application and premium for each location.

4. Document. The proposal formats used by the agency should be consistent and should provide an explanation to assist the prospective

APRIL 2018

LEARN MORE client in understanding flood exclusions and available coverages through programs such as the NFIP. 5. Signature. If the client declines coverage(s), sign-off on the proposal should be secured.

Understanding flood coverage and exclusions and effectively communicating and documenting with clients are crucial.

A SOLID understanding of flood risks and coverage can buoy your E&O prevention. Check out our new live CE webinar on flood insurance, approved for 3 FLD credits and scheduled for Wednesday, June 13 from 9 a.m. – noon.

To register or ask questions, contact us: 800-998-9644, Ext. 1 IAB@IABforME.com IABforME.com/webinars

Melane Humphreys, MS, CPHRM provided this content on behalf of Utica National insurance Group. IA&B is the exclusive agent for the Utica E&O program in Delaware, Maryland and Pennsylvania.

For questions regarding this article or your E&O coverage, contact IA&B at 800-998-9644 or IAB@IABforME.com.

The material contained in this article is for information purposes only and is not for purposes of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

______________________________________________

HOW TO HANDLE REJECTION RELY ON our sample Flood Insurance Notification and/or Rejection of Coverage form. After all, securing a customer’s declination in writing can go a long way toward keeping your agency afloat should the customer suffer a future flood loss.

IABforME.com/resource_center/flood

EXPECT MORE FROM AN E&O AGENT THE RISK management insight provided monthly in this column is just a taste of what the IA&B Agency offers its customers: a serious E&O program, not just a policy.

Our agency is staffed by licensed E&O experts who can customize coverage to your needs. We are a full-service agency, helping to strengthen your business with award-winning loss-control seminars, manuals for compliance and legal expertise for tough questions. In fact, you get the benefit of having an entire association—dedicated to independent agents— on your side.

Insurance Placement Specialist David Wertz is ready to get to know your agency and deliver the kind of personalized service you give your own customers. Contact him to begin the conversation.

David Wertz IA&B Insurance Placement Specialist 800-998-9644 Ext. 506 DavidW@IABforME.com IABforME.com/E&O

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COVERAGE CORNER

WHEN IS A GOLF CART NOT A GOLF CART?

By Jerry M. Milton, CIC

I

just bought a golf cart. Well, it looks like a golf cart, but it’s not a golf cart. My golfing days are pretty much over. The last round I played was pretty ugly. My excuse is a bad back. Does this sound familiar to you golfers?

This golf cart does not have a place in the back to put your golf bags. It’s been modified and now has a rear seat. It seats four people – two facing to the front and two facing to the rear. It doesn’t have a motor. It’s powered by six batteries. Its maximum speed is between 15 and 20 miles per hour.

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Why did I buy it? Good question. I didn’t buy it to get around the golf course. I bought it to ride around the neighborhood, to run down the street to the convenience store, to take the kids riding. At least that’s my excuse. The truth is it’s just another adult toy.

Since I’m an insurance person, I did something your clients never do. I decided that I should take a look at my Homeowners’ policy and determine if I’m covered for the ownership and operation of that cart. I could care less about physical damage. Its value is less

APRIL 2018

than my Homeowners’ deductible. But what about liability?

My Homeowners’ is non-ISO, and the liability exclusion for motorized land vehicles is as follows: This policy does not provide coverage for liability, defense costs or any other cost or expenses for: 1. Motorized Land Vehicles Personal injury or property damage arising out of the ownership, maintenance, use, loading or unloading of any motorized land vehicle. This exclusion does not apply

to recreational motor vehicles except when they are used for participation in or practice for competitive racing.

Recreational Motor Vehicle means: a. A motorized land vehicle designed for use off public roads and not subject to motor vehicle registration or operator licensing.

That’s my cart. I’m covered! Will I use it on city streets? Sure! But it’s designed for use off public roads and it’s not subject to motor vehicle registration or operator licensing. Even the kids can use it. Not a good idea. Actually, that’s stupid! As Forest Gump says, “Stupid is as stupid does.” But my excuse is, I’m a grandfather and a great-grandfather.

Important, important, important!

All Homeowners’ policies are not the same. But you already knew that. For example, the ISO Homeowners’ policy excludes liability for this cart. The ISO Homeowners’ motor vehicle exclusion A.1. applies to motor vehicles registered for use on public roads, subject to registration for use on public roads, operated or practicing for an organized race or contest, rented to others, used to carry persons or cargo for a charge, or used for any business purpose except a golf cart while on a golfing facility.

So far, I’m okay. But hold on. Exclusion A.2. states: If Exclusion A.1. does not apply, there is still no coverage for “motor vehicle liability”, unless the “motor vehicle” is: e. A motorized golf cart that is owned by an “insured”, designed to carry up to four persons, not built or modified after manufacture to exceed a speed of 25 miles per hour on level ground and, at the time of an “occurrence”, is within the legal boundaries of:

(1) A golfing facility … or

(2) A private residential community, including its public roads upon which a motorized golf cart can

legally travel which is subject to the authority of a property owners association and contains an “insured’s” residence.

Two questions. First, am I going to operate that cart outside of my neighborhood? Yes! Second, is my neighborhood subject to the authority of a property owners association? No! I have no liability coverage for the ownership or use of my cart under the ISO Homeowners policy.

By the way, when I was shopping for my cart I would estimate that at least 70 percent of the carts on display had been modified to include a back seat. What are they being used for? Not golf. Riding around, running errands. Same as me.

Are they covered? Maybe, maybe not!

Check your Homeowners’ policy. You might be surprised.

Y’all take care!

MORE PERSONAL LINES COVERAGE CONUNDRUMS LEARN FROM real-world claim scenarios.

Our special topic seminar “I Screwed Up and My Insured is Toast” is coming to a town near you in the months ahead.

Written by Jerry Milton, CIC and and presented by Kevin Amrhein, CIC, (see page 18), this lively classroomseminar covers the insurance requirements associated with everything from drones and self-employment, to ride-sharing and party hosting.

Sept. 25 | Pittsburgh, PA Sept. 26 | Baltimore, MD Oct. 12 | Newark, DE Nov. 1 | Mechanicsburg, PA Nov. 6 | Philadelphia, PA

Jerry M. Milton, CIC, teaches and consults on industry issues. The legal profession recognizes him as an expert on insurance coverages. He also serves as our education consultant, working with our CISR, CIC and continuing education programs. Catch him at one of our upcoming seminars: IABforME.com/education.

8 a.m. – 4:45 p.m.

Member: $195 Non-member: $235

To register or ask questions, contact us: 800-998-9644, option 1 IAB@IABforME.com IABforME.com/education

JERRY’S COVERAGE CORNER COUNTDOWN JERRY MILTON will pen his final Coverage Corner column for Primary Agent in December 2018. We want to hear from you: What topics would you like Jerry to cover in his final articles?

Submit your suggestions to IA&B Public Relations Director Karen Robison at 800-998-9644 Ext. 606 or KarenR@IABforME.com

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ONWARD & UPWARD: A MESSAGE FROM JASON ERNEST Insurance isn’t easy. This is a tough field we have chosen.

A rewarding one, but tough.

There aren’t enough hours in the day, and the playing field is constantly changing. As Norm from Cheers once said, “It’s a dogeat-dog world, and I’m wearing Milk Bone underwear.”

Which makes decompression a necessity. That thing you do to make you forget the day-today, to get away from it all. It’s unique for all of us, but I firmly believe it’s an important part of being successful. In meeting a lot of our members, I’m impressed with how many have side projects, or community engagements, or other things they do that are completely separate and apart from insurance (you should see the beautiful 1929 Model-A one of our board members has restored).

I just concluded my second season of coaching basketball.

Beginner level, 22 first graders who get together twice a week to learn the game. I know what you’re thinking – that’s nowhere close to your idea of decompression. But I’ve grown to love that one hour on the court, with impressionable kids

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Coach Jason and his basketball team at work.

who want to have fun and want to get better. For that one hour, I’m not thinking about insurance agents and the issues they face, the management of IA&B, or the host of issues on my to-do list. Instead, I get to teach the difference between traveling and double-dribbling, the proper form for a foul shot, and the general principles of being a good sport.

Our number one rule at basketball is to have fun. I have tried to carry that through at the office, and as a result, I come back to work refreshed and energized.

APRIL 2018

We are busy in insurance. To be good, you have to stay busy.

But as spring approaches, find the time to get away from it, to do something rewarding and fun, and I’m confident as a result the day-to-day will become just a little easier.

Jason Ernest, Esq. IA&B President & CEO

STATE NEWS

RECOGNIZE AN EXCEPTIONAL CSR

MIND RULES FOR MIXING FUNDS

Nominate a frontline employee who goes above and beyond for the Outstanding CSR of the Year Award. The annual award, sponsored by the National Alliance for Insurance Education & Research, recognizes individuals who consistently provide quality service, exhibit strong leadership capabilities and make valuable contributions to their agencies and communities. All entry materials are due by Tuesday, May 1.

As a reminder, changes to the regulation that governs agents’ fiduciary duties (i.e. proper handling of premium funds) took effect at the beginning of the year.

Commingling now is a thing of the past … unless you only hold funds for no more than five days. General guidelines:

IABforME.com/awards

HOW TO COMPLY WITH NEW SICK LEAVE LAW Paid sick leave is now the law, after the legislation ping-ponged between the Maryland General Assembly and Gov. Larry Hogan. To help members comply with the new law, we worked with our HR consultant to develop a Q&A. The online resource answers: To whom does the law apply and how?

What does the law generally require?

When does this go into effect?

How much sick time does the new law require?

What else do I need to know?

What if you’re in a county that already has a sick-leave law?

What if I award PTO rather than sick time?

What should I do right now?

IABforME.com/MD_sick_leave

• If you remit to the carrier premiums that are received by the agency within five business days of receipt, you can still hold the funds together.

• After five business days, you must segregate premium funds and agency operating funds.

• A consent letter from carriers to commingle funds is no longer valid.

BUILD COVERAGE KNOWLEDGE AND ADVANCE YOUR CAREER Learn how to analyze risks and exposures and how to guide your customers through various coverage scenarios at a Certified Insurance Service Representative (CISR) course.

Agency Operations April 26 | Frederick, MD May 22 | Salisbury, MD Commercial Casualty II May 30 | Hagerstown, MD Commercial Property June 12 | Hunt Valley, MD Misc. Personal Lines April 5 | Waldorf, MD IABforME.com/CISR

• You may combine the premium funds of one carrier with the premium funds of another carrier in a single premium fiduciary account, as long as the carriers have not required individual segregation of their premiums.

• The agency will need to secure written consent from the carrier to be able to withhold interest earned on the fiduciary account – unless the agency contract specifically addresses the agency’s right to interest earned. (See our updated online resource for a sample letter.)

IABforME.com/MD_fiduciary

In memoriam Alfred “Al” Grundon, former vice president of member services for the Professional Insurance Agents of Pennsylvania (a predecessor to IA&B of Pennsylvania), passed away on March 5 at the age of 88. Grundon spent over two decades with the state association and later retired from the National Association of Professional Insurance Agents. We send our condolences to his family and friends.

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PLATINUM PROFILE PARTNERS PROGRAM

Connecting & through IA&B’s Partners Program.

Supporting

2018

Elevating agents

The IA&B Partners Program allows companies to support and connect with independent insurance agents and brokers in Pennsylvania, Maryland and Delaware. Through their sponsorship, Partner companies allow IA&B to offer the programs and services that help member agencies succeed.

Partners Program

Calling all companies

Your support helps independent agents succeed and their agencies become more profitable — a win for your company and the independent agency channel. What’s more, you will find more value than ever before from our revamped Partners Program.

Among the IA&B Partners are the following top-tier sponsors, referred to as Platinum Partners. These companies offer the highest level of commitment to the program.

G

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APRIL 2018 APRIL 2018

M PAR NU T TI

N

ACUITY Agency Network Exchange LLC Chubb Donegal Insurance Group Insurance Agents & Brokers Service Group Millers Mutual Group Penn National Insurance Plymouth Rock Assurance The Main Street America Group

Learn more by visiting IABforME.com/Partners or by contacting Jess McWilliams at 800-998-9644, option 503, or JessicaM@IABforME.com.

PL A

Offering sincere thanks

PARTN E LD O

PLATINUM PARTNER PLATINUM PARTNER Insurance Agents & Brokers proudly recognizes Millers Mutual Insurance as one of its Platinum Partners.

IA&B Platinum Partners dedicate the hightest level of sponsorship to our organization.

PLatinuM PARTNER

PROVIDING SOLUTIONS THAT KEEP UP WITH TODAY’S ENVIRONMENT. Our Company FEATURED PARTNER Millers Mutual Insurance CHIEF EXECUTIVE OFFICER Scott Orndorff President and CEO CORPORATE HEADQUARTERS Harrisburg, PA A.M. BEST RATING A- (Excellent)

At Millers Mutual, we’re more than an insurance provider, we’re a SOLUTION provider, offering the right combination of information, products, and services at the right time to meet our customers’ needs.

And we do just that by getting to know our customers, offering a broader and deeper level of expertise and support that our customers recognize and by tailoring products and services to customize the products our customers want.

We’re committed to being a valuable resource for and maintaining relationships with our independent agent partners by providing exceptional property-driven insurance for building owners in PA, DE, MD, OH, VA and D.C. We’ve focused our appetite so that we may provide the highest value possible to our agents and our customers.

WEBSITE MillersInsurance.com TOLL FREE 1.800.745.4555

Commercial Real Estate

Affordable Housing

Multifamily Housing

Commercial property is our specialty— from office buildings to strip malls.

At Millers, we choose to be a part of the affordable housing solution.

Our reputation for insuring apartment buildings and rental properties is unrivaled.

Associate members of the PAA-Central, PAA-East and National Apartment Association

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OVERCOMING

OBSCURE INSURANCE TERMS

By Chris Burand

To earn trust and win business, you must truly understand the coverages you sell – and be able to explain them in plain English. The following pages offer rationale and tips for agent education and, in turn, consumer education.

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W

hat is a fast way to sow distrust? Use words the general public does not understand. How good is the insurance industry at doing this? Excellent! We might set the bar if it wasn’t for attorneys (but wait, insurance contracts are written by attorneys!).

Think about how normal people view insurance terms. “Would you like blanket coverage, Mr. Jones?” “Blanket” may have significant meaning to insurance people but I am willing to bet 90 percent of the American public thinks blanket coverage means having a blanket big enough to cover the bed. Just saying.

Or take “Owned/Nonowned Auto.” To a normal person, they own a car or they do not own a car. They do not simultaneously own and “nonown” a car. What does “nonown” even mean?

“If I don’t own that car over there or even the car my buddy is letting me test drive, why do I need insurance? Do you want me to buy insurance for other people’s cars? Insurance is a ripoff!” Most people look at it this way, even quite a few of the people who need the coverage look at it as if the term “Owned/ Nonowned” is completely oxymoronic.

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APRIL 2018

ANSWERS TO CUSTOMERS’ COVERAGE FAQS POSITION YOURSELF as a trusted advisor by educating your customers and prospects on coverages. Our consumer education library contains vetted content on nearly two dozen timely topics: from drones and ridesharing, to identity theft and loss damage waivers.

Visit our online library, and contact IA&B Legal & Corporate Affairs Director Don Bankus with questions:

800-998-9644 Ext. 603 DonB@IABforME.com IABforME.com/consumer_education

In both cases, I see producers use the terms as if their prospects had full understanding. In reality, one reason they may do this is if they don’t understand the terms adequately. Rather than learning the coverages well enough to articulate what protection each one conveys, they stick to industry jargon. It is the same reason some people do not use coverage checklists.

Another example is DIC. It is an acronym for Differences in Condition. So how does buying a policy titled “Differences in Condition” provide insurance?

“I buy an auto policy for an auto. I buy workers’ compensation for workers.”

Differences in Condition is rather ethereal.

Insurance language is often ancient. The origins of some terms are traceable to the 1700s, sometimes to property that was insured then but does not even exist in our world today, at least not outside museums. For legal purposes, that history is important because sometimes we can trace case law specific to certain words and terms back 200+ years. We cannot afford to abandon that case law by abandoning old terms.

in the last 10, 30 or 50 years is the need to read and understand forms. If you don’t understand the forms, take quality CE classes.

Another reason people insist on using insurance language is fear of being sued. The idea is that by explaining a coverage using common language, a client unintentionally may be misled into thinking they have a coverage they do not possess. That fear is legitimate, but to achieve success, you must figure out how to explain insurance in layman’s terms. If people do not trust you, they are far less likely to buy from you.

BE IN THE KNOW GET UP to speed on the latest coverages and policy forms. Our award-winning professional education programming offers timely classroom seminars and online options, so find the training that meets your needs. View our catalog online, and look for an updated version to arrive with the June edition of Primary Agent magazine.

IABforME.com/education

An agent’s job is to help people understand why certain coverages are important to their well-being. An agent is the middle man (or woman). One reason the agent is the middle man is because

Simultaneously, relative to customer relations and sales, holding on to such terms is a trap. Who in the United States outside the industry knows intuitively that Inland Marine has nothing to do with water? (In fact, who outside insurance would ever even think of using the term “Inland Marine” to describe risks out of water?)

Much future success then depends on using common language rather than insurance language. The resistance comes from a few places. The first is that quite a few insurance people do not fully understand their coverages/forms. One facet of this industry that has not changed

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you are paid to interpret insurance language and translate it. The situation is no different from being paid to translate Greek at the United Nations. Insurance language can be just as difficult.

Join us for a great day!

Additionally, telling the insureds it is their responsibility to read policies that contain such terms, terms so many in the industry lack the ability to explain, is an awesome way to repel the public.

I understand the purpose from an E&O perspective, but from a sales/marketing/public relations perspective, telling insureds to read their policies and call if they have questions is problematic.

Thursday | May 3, 2018 Radisson Hotel & Convention Center

Great topics from industry leaders:

The opportunity truly lies in becoming knowledgeable, even an expert.

~ ~ ~

Autonomous Vehicles & Industry Preparedness Equipment breakdown for personal coverage Insurance fraud and more!

Plus, we welcome Acting PA Insurance Commissoner Jessica Altman as our luncheon speaker!

Chris Burand is president of Burand & Associates, LLC, an insurance agency consulting firm.

Readers may contact Chris at 719-485-3868 or chris@burand-associates.com.

The day includes: CE Classes  Exhibits Luncheon  Cocktail Reception  Door prizes

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APRIL 2018

Independent Insurance Agents Every day, you as independent agents put on a rocking show for your clients. We are proud to give you a standing ovation!

INTRODUCING INSTRUCTOR

KEVIN AMRHEIN

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We’re pleased to introduce Kevin Amrhein, one of our newest faculty members.

You’ll find him at the helm of two of our 2018 special topic seminars (see sidebar on page 20), as well as behind the microphone for many of our live CE webinars.

T

ell us about your professional background. And how did you land in insurance?

It is so cliché to say this because it’s what everybody says, but the universe steered me into insurance because I needed a job out of college. My father is an insurance education guy who worked for the Florida Association of Insurance Agents for many years, so I was always around the insurance industry. My dad seemed to really have a good time; he really loved it.

My dad had been an agent for years before becoming an educator, so when I graduated, I went to work as an agent for a commercial lines agency. The whole time I had in the back of mind how much joy my dad found on the education side of the industry, and it struck me that he found his niche.

When the chance presented itself to be involved in education, I said, “Let me try it and see what the fun is all about.” It was 2004, and I had acquainted myself with the man who was my mentor and dear friend, Jim Harrison. While my dad piqued my interest in insurance education, it was Jim who actually gave me the opportunity to do it.

WHAT’S YOUR FAVORITE PART OF WORKING IN THE INSURANCE INDUSTRY? I was a commercial lines agent, and the thing I liked the most about it was learning about the businesses my clients operated. I knew nothing about business coming out of college; I had no practical business knowledge. But being a commercial lines agent is a wonderful opportunity to learn about a variety of businesses. I miss that actually.

WHAT’S YOUR FAVORITE PART OF TEACHING IN THE INSURANCE INDUSTRY? Human brains have a way of scrambling things: We expect things to be complicated, and that hurts us when we try to learn insurance. As an instructor, if I can take a concept and clarify it for someone and all of the sudden their lightbulb comes on, it’s a great feeling. It’s hard to describe how good it feels when your student understands something and gains confidence from that understanding.

ABOUT KEVIN Kevin is president of the Florida Insurance School of Continuing Education (FISCE). He served as senior adviser for FISCE from 20042013. He began his insurance career as a marketing intern before serving as a commercial lines agent for an independent agency in Orlando, FL. He received the Certified Insurance Counselor (CIC) designation in 2003.

He is a National Faculty member for the National Alliance for Insurance Education and Research’s CIC and Certified Insurance Service Representative (CISR) programs.

Kevin is a graduate of the University of Central Florida. His first teaching gig was as a golf instructor where he was frequently kicked off driving ranges for giving free lessons.

WHAT IS THE MOST SURPRISING THING YOU’VE ENCOUNTERED IN THIS BUSINESS? To me, the most surprising thing is the number of ways that our industry can find to interpret the exact same issue.

You have an exclusion in an insurance policy, and we think we know what it says and means until we realize there’s another interpretation. And that same exclusion can be perceived differently by different silos in the business: agents, underwriters, claims adjustors, reinsurers, carrier execs. Sheesh – this industry can find a way to argue what “fire” is!

Continued on page 20

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Continued from page 19

KEVIN’S CLASSROOM DEBUT CATCH KEVIN at two of our 2018 special topic seminars, coming in the months ahead.

“Grilled Cheese, Beer and Insurance: Covering the Business of Food and Drink” July 10 | Mechanicsburg, PA July 11 | Newark, DE Aug. 9 | Pittsburgh, PA Aug. 10 | Baltimore, MD Sept. 27 | Philadelphia, PA “I Screwed Up and My Insured is Toast: Personal Lines” Sept. 25 | Pittsburgh, PA Sept. 26 | Baltimore, MD Oct. 12 | Newark, DE Nov. 1 | Mechanicsburg, PA Nov. 6 | Philadelphia, PA 8 a.m. – 4:45 p.m.

Member: $195 Non-member: $235

WHAT COVERAGE TOPICS SEEM TO TRIP UP INSURANCE AGENTS MOST OFTEN? Honestly, the basics: Personal Auto, Homeowners’, Commercial Property, Workers’ Comp, etc. The fundamentals can be the most confusing. Maybe it’s because we think they’re established products, but they evolve.

WHAT ADVICE WOULD YOU GIVE TO SOMEONE JUST ENTERING THE INSURANCE BUSINESS? They absolutely need to target businesses that are interesting to them. As generic as that statement sounds, there’s a lot of truth to it. Too many insurance agents feel pressure to sell whatever a company or their agency wants them to sell. And when you’re not interested in the clients you’re working with, it makes the job less fun.

I was in commercial lines, so for me it was about targeting businesses that interested me. If you like construction, if you like bars and nightclubs and restaurants, if you like golf courses, then target those things and make them your book of business.

The agents I know who are having the best time in the business, that’s what they do.

OUTSIDE OF INSURANCE, WHAT ARE YOUR HOBBIES? Shocker: I’m an insurance guy who likes golf. Golf has been part of my life since I was a kid.

Also, my wife and I are unapologetic movie snobs. Big-time snobs. We listen to ourselves talk about movies, and we hate ourselves. We love good movies. We’re also big college football fans, and we have a problem with New Jersey music. My wife is the biggest Bon Jovi fan on the planet. I’m a fan of the Boss, he’s my guy. My dog is named Bruce, OK?

To register or ask questions, contact us: 800-998-9644, Ext. 1 IAB@IABforME.com IABforME.com/education

20

APRIL 2018

HR HEADQUARTERS

HR SCENARIOS AND SOLUTIONS

By Karen DiGioia

The human resources function in an independent agency may be shared among a smattering of senior level staff, or all fall on the shoulders of an agency principal. But rarely does it reside with a designated HR department. That’s where your agents’ association and your member benefits come into play. Read on to learn how your fellow agents get by with a little help from their friends at IA&B and our contracted HR firm.

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APRIL 2018

…and remember, if you have any questions or concerns, as part of your IA&B members benefits, you can call me for advice and clarification. I can be reached at 610-779-3870 or karen@mostellerhr.com.

Wait, what? This month, I wanted to mix things up a bit by starting at the end.

“Starting at the end?” you may be thinking. “What in the world is she talking about?” Well, that sentence above (or something very similar) always appears at the end of my articles, and today, in order to focus on this benefit, I’m putting it at the very beginning.

As I’m sure you are aware, one of the many benefits you receive as an IA&B member is access to one-on-one, professional human resources expertise and advice. Over the years, I’ve had the opportunity to speak with and assist many of you – agency owners, office managers and others, who have reached out via phone or email with questions. Maybe you’re one of those who have called, and if so, I hope you and your agency benefited from the experience.

However, if you’re not, why not? Maybe you have your own internal HR resource and don’t really have a need. If so, that’s great. If you don’t, maybe you’re just not sure what kind of questions or situations I could assist with. In this article I’d like to provide you with a few short examples of the types of calls and emails that I receive. In order to protect the innocent (and the guilty), I’ll keep the descriptions brief and change the names and some of the details but, you’ll get the idea.

THE CLASSIFICATION CONUNDRUM Jane, owner of a small agency in Pittsburgh, contacted me with questions about the correct classification for her CSRs. At my request, she sent me the job description for review. We had a follow-up call to clarify a few of the duties and, at the end of the call, I gave her my recommendation. By properly classifying her employees, Jane is ensuring that her agency is compliant with the FLSA and limiting her risk for a wage and hour claim.

THE NON-PRODUCING PRODUCER Nick, an agency office manager from Wilmington, contacted me about a sales employee who, after a year of employment, had yet to achieve licensing and was not showing any positive sales results. The decision to terminate this employee was reasonably simple. Working out the details of the termination – including how and when to communicate, what type of documentation was appropriate, whether or not to pay out accrued time and/or offer severance and when to terminate benefits – were a little more complicated.

Continued on page 24

CUSTOMIZED COMPLIANCE COUNSELING AVOID THE stress associated with becoming or remaining compliant with complex compliance rules and regulations.

Independent Agency Solutions provides customized compliance services by industry and legal experts who understand how independent agencies operate.

The services provided by Independent Agency Solutions are for agencies with wants or needs that go beyond the consultation services provided by our HR consultant, Karen DiGioia, and our self-service member resources available at IABforME.com. Current areas of support include: Producer agreements Broker agreements – procedures and protocols Implementation of a referral fee program Employee handbook Employee/independent contractor audit GLBA privacy compliance program DOL/FLSA compliance Independent Agency Solutions is a wholly owned subsidiary of Insurance Agents & Brokers (IA&B). Learn more by contacting our Advocacy team or by visiting our website.

Contact us: Claire Pantaloni, CIC, CISR Vice President - Advocacy 800-998-9644 Ext. 604 ClaireP@IABforME.com

Don Bankus Legal & Corporate Affairs Director 800-998-9644 Ext. 603 DonB@IABforME.com IABforME.com/cl_granting_authority

23

HR HEADQUARTERS Continued from page 23 We discussed all these issues and reviewed the related policies the agency had in place. We looked at this situation from both a legal perspective and also a “right thing to do” perspective, and by the end of the call, Nick had a game plan in place with which to go forward.

HANDBOOK OVERHAUL Bob, owner of a 10-employee agency in Maryland, contacted me about assisting him with an employee handbook review and revision. Bob had a handbook that had been written about seven years ago and which he knew was out of date. While this task was in excess of what is provided within the member benefits, I provided an estimate of the costs associated with this work, applied the 15 percent member discount to the usual fee and, with the owner’s “go ahead,” proceeded to review and provide recommended updates on the employee handbook.

We discussed a number of revisions and, with minimal time commitment for the agency owner, a new handbook was put in place. The owner and I discussed the best way to roll out the new handbook and ensure clear communication with employees regarding key changes reflected in the handbook. Bob’s agency now operates with the coverage of clearly communicated policies and practices in place, which should ensure consistent and equitable treatment of employees in a manner which is compliant with federal, state and local laws and regulations.

If we had more space and time (and I had less concern about “protecting the innocent”), I’d share other calls with you. Calls asking me for advice on how to handle an office affair. Calls to discuss ways to deal with a good employee with a short-term but significant health issue (in an agency that wasn’t covered by FMLA).

24

Calls to discuss how to determine when sick time use qualifies as “excessive.”

How to deal with an employee who overdosed … while at work. Whether a W-2 employee could switch to an independent contractor status. How to handle employee performance problems that were the result of a substance abuse issue. What to do with an employee who had released confidential customer information on social media. The list truly does go on and on.

One final question you may have: What qualifies me to help you? While there aren’t always easy answers (if there were, you wouldn’t need to call), I have over 30 years of human resources experience behind me. I’ve worked for over 13 years as a consultant with Mosteller & Associates, where I have partnered with clients in a wide variety of human resources areas including employment, compensation and salary administration, employee relations, organizational restructuring, performance management, payroll and HRIS. Before consulting, I was HR Manager at a suburban Philadelphia bank, and my HR experience as an employee and a consultant covers a broad range of industries. I have educated, counseled and trained managers and employees in many aspects of HR and developed and administered compliance policies and programs such as Equal Employment Opportunity (EEO) Policies and Affirmative Action Plans. And, if for some reason, I’m not available when you call, one of our other associates, with similar background and experience, will be happy to assist you.

So it seems that I’ve come full circle, and we end back where we began. In the course of your days, weeks, months and

APRIL 2018

years, if there are human resources-related issues that you’re not sure how to handle (or even if you think you know what to do but want a second opinion), remember: As part of your IA&B members benefits, you can call me for advice and clarification.

I can be reached at 610-779-3870 or karen@mostellerhr.com.

Karen H. DiGioia provided this article on behalf of Mosteller & Associates, IA&B’s contracted human resources consulting firm. Reach out to Karen for more information on internships or with other human resource questions.

IA&B’s HR Solution© is a compilation of products and services – available exclusively for our member agencies – that simplifies establishing or improving your human resources program. It includes base-level consultation and discounted professional services from Mosteller & Associates. Learn more at IABforME.com/emp_mgmt.

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TECHNOLOGY UPDATE

TELECOMMUTING TIPS AND TOOLS

7

CONSIDERATIONS FOR THE MODERN AGENCY

By Greg DiDio & Daniel Gilbert, Kite Technology Group

26

APRIL 2018

From enticing new talent to satisfying current staff, telecommuting is a huge incentive. On the following pages, two industry technology experts look at the technology considerations for agencies to implement a remote-work environment.

W

hen asked about telecommuting, the practice of allowing employees to work from home, many agency owners may acknowledge the benefits but more frequently will focus on their reservations. Some of the main concerns expressed are that telecommuting reduces collaboration, challenges our ability to maintain a consistent culture, and makes it difficult for management to oversee the employees and their work products.

Historically, for many jobs it was simply impractical to take the work (and the tools to complete it) home with you. But as today’s technology continues to evolve in a way that addresses most of these concerns, many of today’s agencies are quickly adopting the practice of telecommuting and doing so with great results.

Before reviewing some of the technologies that make telecommuting feasible, let’s first admit that the stakes are high. Agencies that can accommodate telecommuting have a huge advantage over those that cannot. These agencies can attract and retain employees with little regard for where they live. They appeal

to prospective and current employees who prefer the convenience of working from home. Such agencies can permit employees to be more flexible with work hours, since a commute is unnecessary at the beginning and end of the shift.

Agencies accommodating telecommuting can enter new sales territories without the expense and distraction of opening a remote office. They can expand staffing without introducing the cost and inconvenience of adding office space.

And finally, they can selectively permit employees to work from home for a variety of reasons such as treacherous driving conditions, the need to accept a home delivery, or the need to stay home with a sick child.

So, what are some of the technologies that your agency can easily utilize for effective and productive telecommuting?

Document management: Hopefully, this is an afterthought by now. For agencies that have been paperless for years, they will take for granted that CSRs can obtain and process their work regardless of whether they are in the office. For those that are still pushing a significant amount of paper, this could be a show stopper and render the rest of this list irrelevant.

Access to agency management system: Customer data has become so easy to organize and manage from within agency management systems that agencies now depend on them to do business.

Therefore, if an agency expects to adopt telecommuting practices, the agency management system must be accessible from anywhere in the world. Most new or updated agency management systems on the market these days offer just that, so agents can effectively manage customer information without being in the agency’s headquarters.

TELECOMMUTING TECHNOLOGY OPENS DOORS TO TALENT OPEN UP your agency to unconventional staffing support thanks to telecommuting technology. Emerging talent pools, such as Work At Home Vintage Experts (WAHVE), provide remote-contract staffing. In particular, WAHVE pairs your agency with an experienced “pretired” insurance professional.

WAHVE staff can provide full customer service work or process work in support of CSRs, account managers and producers.

You benefit from a skilled, remote worker without the commitment or expense associated with a full-fledged hiring process.

IA&B members enjoy a 50 percent discount on WAHVE’s one-time set-up fee. That’s a $1,250 cost savings. Learn more by contacting our Advocacy team or by visiting our website.

Claire Pantaloni, CIC, CISR Vice President - Advocacy 800-998-9644 Ext. 604 ClaireP@IABforME.com

Don Bankus Legal & Corporate Affairs Director 800-998-9644 Ext. 603 DonB@IABforME.com IABforME.com/WAHVE

Continued on page 28

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TECHNOLOGY UPDATE Continued from page 27 Modern phone system: Even office phone systems are becoming more flexible. With voice over IP technology (VoIP), a remote worker can simply use the Internet to connect a telephone at home to the phone system in the office. Furthermore, with technologies such as softphones, with the right app, any smartphone can act as an office phone, performing all the same calling, transferring, and voicemail functions as a standard office phone.

Web meeting applications: Face-to-face meetings have been a popular argument against the concept of remote workers.

Now, with applications such as WebEX, Skype and GoToWebinar, companies are effectively simulating face-to-face meetings over the Internet. If you are looking to do two-way collaboration with a small-to-medium sized group, WebEx

and Skype are perfect for meetings. If you are interested in broadcasting to a large audience and require only one-way communication, GoToWebinar is a quality tool for delivering webinars.

Collaboration spaces: It is a frequent requirement that co-workers share files with one another in a common space, and there are robust platforms which accommodate just that. Services like SharePoint and Google Drive provide the same functionality as a traditional shared drive on a server, but do not require participants to be in the same building behind the same network.

Conversation/messaging tools: In a shared office, it is easy enough to speak with coworkers by simply approaching their desk. With instant messaging tools like Slack and Yammer, you can

quickly reach any of your coworkers as though you were sitting in the same room together.

Reporting tools: Another common opponent of the concept of telecommuting is accountability for work performance. Companies are now able to solve that problem by using tools that report data based on employee output. For example, my company uses a product called Brightgauge which generates statistics on how trouble tickets a technician solves and how much time a technician spends working. Organizations in any industry can make use of this kind of tool to measure a remote worker’s productivity and on-task hours.

If your agency hasn’t developed a plan or strategy for telecommuting, it may be helpful to start thinking

Find your (Carrier) Match Introducing

the match hub for IA&B members and Partner companies IABforME.com/AppointmentLink

28

APRIL 2018

about what that might look like. This includes determining what positions can accommodate telecommuting and what percentage of the time you are willing to allow an employee to work from home. It will also be imperative to have a process for evaluating your telecommuters’ productivity and success.

Whether telecommuting is a big part of your agency’s present or future, adoption of the above technologies and a wellthought-out strategy are both elements of the modern agency. How does your agency stack up?

Greg DiDio is CEO of Kite Technology Group, a Maryland-based IT services and consulting company serving the needs of over 100 insurance agencies across the country.

He has 25 years of leadership experience, with the last 18 focused on information technology management. Greg has a passion for developing leaders and creating corporate cultures that facilitate high performance and employee growth.

Daniel Gilbert, director of managed services, has been part of the Kite Technology team for six years. He enjoys leveraging technology to drive automation. He spends much of his workday implementing solutions that eliminate computer issues and improve his clients’ experience.

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PICS & POSTS Keep up with industry happenings – and share your own news! We want photos of your agency’s milestones, community involvement and fun. Submit them via email (KarenR@IABforME.com) or tag them on social media (Facebook, LinkedIn or Twitter) using #IABpics.

“Our final presentation @pamic1017 Annual Spring Conference is ‘What It Takes to Win as an Independent Insurance Agent’ presented by @LBJ_Ernest of @IA_and_B” - Pennsylvania Association of Mutual Insurance Companies introducing IA&B President & CEO Jason Ernest

“Don’t ever judge a book by its cover.

Insurance sounds boring – SOUNDS being the key word. Every day I learn something new, I meet new people and have a rewarding challenge. I am very grateful I found the insurance career path.”

“Now THAT is the added value an independent agent provides.”

- @IA_and_B retweeting @WeissAgency’s “Testimonial Tuesday” post

- Daniel Mcdevitt, commercial lines producer at Gallen Insurance, responding to IA&B’s post asking why you love working in insurance

“Millennials get a bad rap for always wanting jobs that “make a difference” or “have a greater purpose” without wanting to put in the work to get there. I don’t think that’s true.

Working hard at my career every day gives me a greater sense of accomplishment and self worth, and this group is proof I’m not the only Millennial who gets that. Thanks for all you’re doing to support this generation of independent agents!”

“When a building-demolition project meets a team-building project #hammertime” - IA&B sharing a video of Events Manager Alane Fagan

- Catherine posting in the IA&B Futures Program Facebook group

#IABpics 30

APRIL 2018

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APRIL 2018 DATE TOPIC CLASSROOM

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