Delaware Primary Agent - November 2016

NOVEMBER 2016 | DELAWARE

STAKING CLAIM TO LEGISLATIVE

VICTORIES BLANK APP = E&O TRAP LOCATING LOST LIFE INSURANCE MANAGING ACROSS GENERATIONS WHEN “FOLLOW FORMS” STRAY

Employment Practices Liability Coverage for Property Owners 1. Protection specifically for small and mid-size property owners, including apartment owners

There’s more for you at Millers Mutual with our affordable and uniquely designed EPL protection for property owners and valuable policyholder resources.

We know that one size does not fit all, so we’ve designed a program that gives property owners just the coverage they need.

2. The option to purchase third party tenant discrimination coverage

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3. Access to valuable resources Besides having proper coverage, we believe property owners should understand federal, state and local civil rights and housing laws … and keep employees educated. That’s why Millers Mutual’s EPL Coverage comes with Legal Advice Helpline, Support Website, Model Employee Handbook, Sample Forms & Policies.

To learn more, contact Jonah Mull, Underwriting Leader, at jmull@millersinsurance.com or 717-237-7273.

MillersInsurance.com 800-745-4555

B US INE S S O W N ER S PO L I C Y | C O MM E RCI AL AUT O | COMME RCI AL UMBRE L L A | BUI L DE RS RI SK

IN THIS

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CONQUERING CAPITOL HILL For independent insurance agents and brokers, a strong lobbying presence is critical at both the state and national level. While IA&B maintains a consistent lobbying presence in Harrisburg, we rely on the Big “I” to be the eyes, ears and most importantly, the outspoken voice of the agent community in Washington, D.C.

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HOW IA&B STRENGTHENS FEDERAL LOBBYING EFFORTS While the Big “I” government affairs team has its boots on the ground on Capitol Hill, its lobbyists owe some of their success to the grassroots action and InsurPac support of individual agents and brokers.

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HIRING THE PERFECT MATCH How to find – and manage – the right mix of employees.

IN EVERY ISSUE 2 3 4 6 8 11 IBC IBC IBC

Chairman of the Board’s Message Ask Our Experts Preventing Errors & Omissions Coverage Corner State News IA&B Partners Advertiser’s Index My Events Classified Ads

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 # 2016-11, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

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Copyright 2016. 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

THE POWER OF YOUR ADVOCACY

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

OFFICERS

t’s easy to feel disgruntled – even disenfranchised – by politics. Lawmakers always seem to point fingers, politicizing and scrutinizing every move of those across the aisle. Key issues fall to the wayside, victims of partisan stalemates.

Considering we’re in a highly regulated industry, it’s a recipe for frustration.

I’m not going to sugarcoat it: Congress and even our state legislatures can be rather dysfunctional. But there are bright spots, too. Times that, through my association with IA&B, I’ve witnessed the process working.

Take for example the annual National Legislative Conference, where dozens of our member agents from Pennsylvania and Delaware join a thousand others from across the country. We travel to Washington, D.C. and meet face to face with our federal lawmakers. During those interactions, I’ve seen barriers come down, relationships begin, and understanding occur. IA&B facilitates similar in-district and state-level legislative meetings, too.

If you haven’t already, I encourage you to get involved with IA&B’s advocacy efforts. You’re an expert on your small business, on your customers, and on insurance – all of which mean you have valuable perspectives to share with our elected officials. So whether it’s serving on IA&B’s government affairs committee, participating in grassroots action efforts or supporting AgentPAC, your participation can and does make a difference. n

Chair of the Board

Michael F. McGroarty Sr Vice Chair of the Board

John B. Hollister

Immediate Past Chair of the Board

Robert S. Klinger, LUTCF, CPIA

MEMBERS Emory Stephen Burnett, CIC, ARM Wilmington, Del.

Richard F. Corroon, CPCU Wilmington, Del.

Michael P. Ertel Sr.+ Columbia, Md.

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.

Douglas A. Loesel, CPCU Erie, Pa.

Crag S. Mader Crofton, Md.

Elizabeth H. Martin, CIC Millersville, Pa.

Mark J. Monroe

West Chester, Pa.

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

Until next time,

Richard M. Rankin, CIC Lancaster, Pa.

April E. Ressler, CIC Altoona, Pa.

Scott C. Rogers, CPIA

Michael “Mike” F. McGroarty Sr. Chairman of the Board

York, 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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NOVEMBER 2016

Ask Our Experts This month’s answer was provided by Claire Pantaloni, our industry affairs director.

Question: How can I find a lost life insurance policy?

Answer: Every year, we receive calls from members trying to help their customers locate a lost insurance policy for a relative.

Sometimes, the carrier has merged with or been acquired by another company.

In other cases, it is unclear whether the policy continued in force or was cancelled at some point. The reality is that many life insurance benefits go unclaimed simply because the beneficiaries are unaware of the existence of a policy or are unable to find it.

• R eview bank books and canceled checks. Look for any checks that were made payable to a life insurance company over the years.

Lately, a number of insurance regulators have tried to draw attention to the issue and have published press releases to encourage the public to investigate whether the deceased had a valid life insurance policy. If the survivors suspect a policy may have been purchased, the following steps can be taken:

• Check with the state's unclaimed property office. If a life insurance company knows one of its life insurance policyholders has died but cannot find the beneficiary, the company must turn the death benefit over as "unclaimed property" to the state in which the policy was bought. The National Association of Unclaimed Property Administrators (unclaimed.org) is a good place to start looking.

• Suggest they look for insurancerelated documents. We’re stating the obvious. The first thing to do is look through files, bank safes or deposit boxes, and other storage places to locate any insurancerelated documents. Checking address books for insurance agents or companies is also a good idea.

The insurance producer who sold the deceased his or her auto or home insurance may also have sold a life insurance policy.

• Contact the employer. If the deceased was still working at the time of death, an employersponsored life insurance policy may have been in place.

• If the difficulty stems from the fact that the insurance company is no longer in business, the individual can contact the state’s Insurance Department to find out which life company took over the book of business and is assuming the liabilities.

• T ry the MIB database. The not-for-profit MIB Group Inc. is a consortium of life and health insurers. It maintains a database of individual life insurance applications underwritten since 1996 by MIB member companies.

There is a fee of $75 per search.

More information is available at www.mib.com.

For more assistance from the state Insurance Department: Pennsylvania: Go to http://www. insurance.pa.gov/Pages/Lost-LifeInsurance-Policy.aspx or contact the Pennsylvania Insurance Department’s Consumer Services Bureau at 877-881-6388.

Maryland: The Maryland Insurance Administration can be contacted at 410-468-2000 to identify the successor company in the case of a merger or acquisition.

Delaware: A new service allows an executor, beneficiary or legal representative of a deceased resident or former resident of Delaware to file a search request with the Department of Insurance. To submit a request, print out the Missing Life Insurance/Annuity Search Request Form on the DOI website at http://www.delawareinsurance. gov/services/missingpolicy.shtml.

You can also call the department at 302-674-7300. n

Have a question? Ask our experts!

Rely on our experts to answer your most perplexing questions. Visit the Ask Our Experts section of IABforME.com (find the link in the website footer) to submit your question and review answers to other frequently asked questions. Or email your question to us at IAB@IABforME.com.

We look forward to hearing from you.

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PREVENTING ERRORS & OMISSIONS

E&O TRAP: ASKING A CUSTOMER TO SIGN A BLANK APP

By Curtis M. Pearsall

F One of the common defenses in an E&O matter is that the customer will be held responsible for the contents of the application “provided” the customer signed the application.

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NOVEMBER 2016

orty years ago in my days at an insurance agency in the Utica, N.Y. area, from time to time, one of the producers would ask the customer to sign a blank app. Apparently the customer would not be able to meet with the producer after the app was completed. So the scenario essentially was “just sign the app, and I’ll fill it in later.”

Personally, I thought that having a customer sign a blank app was not occurring at all in today’s world, especially with the use of e-signature technology. I was wrong. I recently

reviewed an E&O claim where the customer signing a blank app was a part, and actually a huge part, of the fact pattern of the E&O matter.

The producer had met with the customer to gather the necessary information to secure a quote. For some reason, the producer did not use the app to secure the information. They opted to just take notes with the intention of transferring the information to the app. When the quote was accepted, the producer then transferred the information from his notes to the application. The application was submitted, and the policy was issued.

It is important to note that a copy of the “final” completed application was never at any time provided to the client.

During the first year of the coverage, the client suffered a loss, and the claim was submitted to the carrier. The carrier identified a problem: During the investigation of the claim, the carrier discovered that the client had previously filed for bankruptcy. Although it appeared that the client provided the producer with this information, the producer never provided it to the carrier.

The final outcome? The carrier paid the claim and brought an E&O action against the agency and won.

One of the common defenses in an E&O matter is that the customer will be held responsible for the contents of the application “provided” the customer signed the application. Since the app was blank at the time of the signature, the customer could not be held responsible for any misstatements.

What could the producer had done better? How about some of the following?

• Always provide the customer with the completed application, ask them to review it, and then – if everything looks in order – to sign the app. This should be the practice even if the app does not require a signature.

• When securing information, use the questions on the app to secure the information. The questions should be asked “verbatim” and the information noted exactly as it was presented.

• Don’t use the information from last year’s app to complete this year’s app.

• Never sign a customer’s name to an application.

Bottom line: Having the customer sign a blank app really is a bad idea. n

EVOLVING E&O EXPOSURES AS CURT explained, asking a customer to sign a blank app is a long-standing E&O trap. But in the ever-changing world of insurance, there are plenty of new and evolving exposures, too. Our “E&O Risk Management: Meeting the Challenge of Change” seminar provides insight into the exposures unimaginable just a decade ago, including those created by social media and data breaches.

Catch the course at one of the three remaining offerings for the year: • Nov. 8 – Bethlehem, Pa. • Nov. 9 – Trevose, Pa.

Curtis M. Pearsall is a consultant and national expert on errors and omissions for insurance agencies. He is president of Pearsall Associates Inc., which specializes in E&O risk management and loss control, and provides expert witness services for E&O claims and litigation. Read more from Curtis on his blog, Agents E&O Tips (agentsEOtips.com).

• Nov. 9 – Newark, Del. The seminar is approved for loss-control credit for Utica and Westport policyholders.

IABforME.com/MyTraining (select “E&O Risk Management Courses”)

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COVERAGE CORNER

IS IT REALLY A “FOLLOW FORM”?

By Jerry M. Milton, CIC

I

t is not unusual to have an Excess Liability policy that is written on a “follow form” basis. When we see wording in the Insuring Agreement of the Excess Liability policy that provides coverage under the definitions, terms, conditions, limitations and exclusions of the underlying insurance, we assume the Excess Liability policy is “follow form.”

If covered by the underlying insurance, covered by the excess policy. If excluded by the underlying insurance, excluded by the excess policy. Well, that may be an incorrect assumption.

I am currently retained by an E&O insurer that is defending an insurance agency that is being sued by a third party.

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The situation is all too familiar. The agency insures a contractor who signed a maintenance agreement with the owner of a large manufacturing facility. The agreement had the usual insurance requirements: Contractor must purchase and maintain Commercial General Liability Insurance which shall be at least as broad as the coverage provided by a standard form Commercial General Liability Policy (ISO CG 00 01 01 96 with standard exclusions “a” through “n”, ISO CG 00 01 07 98 with standard exclusions “a” through “o”, or ISO CG 00 01 10 01 with standard exclusions “a” through “o”,

NOVEMBER 2016

with minimum limits of $3,000.000 for Bodily Injury and Property Damage per occurrence and in the aggregate.

List owner as an additional insured with respect to work performed for Owner, with such additional insured endorsement providing coverage for Owner with respect to liability arising out of Contractor’s work performed for Owner (including, but not limited to, liability caused or contributed to by the negligence of Contractor, its subcontractors, Owner, third parties, or one the following endorsements or equivalent: Additional Insured- Owners, Lessees or Contractors (Form B)

Endorsement CG 20 10 (10 93) Additional Insured- Owners, Lessees or Contractors Scheduled Person or Organization Endorsement CG 20 10 (03 97)

Additional Insured-Owners, Lessees or Contractors Scheduled Person or Organization Endorsement CG 20 10 (10 01).

The CGL policy was endorsed with the insurer’s proprietary Automatic Blanket Additional Insured endorsement which contains the following provision: The insurance provided to the additional insured person or organization applies only to “bodily injury”, “property damage” or “personal and advertising injury” covered under Section I – Coverage A – Bodily Injury And Property Damage Liability and Section I - Coverage B – Personal And Advertising Injury Liability, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1. Your acts or omissions; or

Sounds like “follow form” to me.

While working at the plant facility, an employee of the contractor was killed.

His estate filed a wrongful death claim against the plant. The plant settled the wrongful death case. During the litigation, the CGL insurer tendered its policy limit of $1,000,000 on behalf of the plant, as an additional insured under the CGL policy. The coverage provided by the CGL policy was primary and noncontributory to any other coverage held by the plant.

The plant then turned to the Excess Liability insurer for the additional amounts needed to fully cover the claim.

The Excess Liability insurer denied coverage for the plant, contending that the contractor, nor anyone acting on its behalf, caused, in whole or in part, the employee’s death as required by the additional insured endorsement.

As a result of the Excess Liability insurer’s denial of coverage, the plant has sued the Excess Liability insurer for breach of contract, negligence and bad faith. The plant also sued the contractor for breach of contract-indemnity and negligence and sued the insurance agency for breach of contract, negligence and fraud/ misrepresentation.

“Follow form”? I think not!

Y’all take care! n

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/MyTraining.

SPECIALIZED COVERAGE FOR

2. The acts or omissions of those acting on your behalf.

This restrictive provision was added to the ISO additional insured endorsements when they revised those endorsements in July 2004. Therefore, the ISO additional insured endorsements required by the maintenance agreement, which have edition dates 10/93, 3/97 or 10/01, do not have this provision.

The Excess Liability policy’s Insuring Agreement states: The Company shall pay on behalf of the Insured those amounts of Loss for which coverage is provided under the definitions, terms, conditions, limitations and exclusions of the Controlling Underlying Insurance in effect at the inception of this Policy….

Agricultural Insurance Management Services Bow, NH 877.552.2467 • www.aimscentral.com Underwritten by member companies of Great American Insurance Group 301 E. Fourth Street, Cincinnati OH 45202 / GAIG.com

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STATE NEWS

OUTMANEUVERING (WITHOUT OUTSPENDING) INTERNET ADVERTISERS Through next summer, the Delaware Association of Insurance Agents & Brokers will invest in a second search engine optimization (SEO) campaign to drive traffic to and spur referrals from TrustedChoice.com. This follows the success of our initial, seven-month SEO campaign, which concluded on Aug. 31 and prompted a 156 percent growth in traffic.

A LOOK BACK AT OUR INAUGURAL FUTURES CONFERENCE Our inaugural Futures Conference, “Sales Strategies for Young Agents,” was a success!

We send our thanks to those who attended and supported the event – including those who encouraged their employees to attend. And we sincerely appreciate the sponsorship of Donegal, Penn National, Progressive and Westfield.

Over 80 young agents from across the Mid-Atlantic region congregated Sept. 15-16 at the Chubb Conference Center in suburban Philadelphia to learn modern sales techniques and digital marketing tactics, as well as to network with fellow young producers.

The conference was a component of our burgeoning Futures Program, which is devoted to developing today’s young agents into tomorrow’s leaders. Stay tuned as we continue to engage young agents and grow this program throughout 2017.

IABforME.com/Futures

HOW TO TAKE ADVANTAGE OF THE CAMPAIGNS Agencies in the best position to benefit from TrustedChoice.com traffic are those with an Advantage Plan. While all IA&B members – through our affiliate with the Big “I” – are listed at no cost in the TrustedChoice.com agency locator, those with a paid Advantage Plan subscription enjoy a more prominent and extensive agency profile.

HOW THE CAMPAIGNS WORK Our Delaware association and those in several other states are funding efforts to improve TrustedChoice.com’s placement in organic (non-paid) Internet search results.

Google and other search engines judge website content by its quality, depth and uniqueness and rank websites accordingly. Our campaigns drive traffic to TrustedChoice.com through the addition of value-added, communitylinked content on the site. This allows the website to rank higher based upon an online shopper’s search criteria and geographic location.

For examples, Google search “Dover homeowners insurance” or “Smyrna business insurance.”

IABforME.com/MyBrand (Select “Web presence”)

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NOVEMBER 2016

NEW SURPLUS LINES FORMS Late this summer the Department of Insurance issued Surplus Lines Bulletin No. 19 to notify all surplus lines broker licensees and surplus lines compliance reporting personnel of two new forms:

BRINGING HOME THE GOLD Education directors from Big “I” affiliates across the nation gathered earlier this fall in Chicago for their annual Education Convocation. That included IA&B Professional Training and Education Director Jessica McWilliams, who accepted a gold award on behalf of our Delaware association in the 2016 Excellence in Insurance Education Awards.

In addition to classroom educational programs, we offered more than a dozen on-demand CE programs and several free, members-only “Power Hour” webinars over the past year. We also recently added new on-demand opportunities with the launch of our E-Learning Center.

IABforME.com/MyTraining

SURPLUS LINES FORM SL1914 – EXEMPT COMMERCIAL PURCHASER APPLICATION FORM Delaware surplus lines law allows surplus lines broker licensees to procure coverage for a qualified “exempt commercial purchaser” without need to conduct a diligent search, but only if proper notice is provided to the “exempt commercial purchaser” regarding the possible availability of such insurance in the admitted market and if the “exempt commercial purchaser” subsequently requests such insurance from the nonadmitted insurer. SL-1914 serves these purposes.

insured in writing that the insurer with whom the broker is placing the insurance is not licensed in Delaware, and that, in the event of the insolvency of such insurer, losses won’t be paid by the state insurance guaranty fund. SL-1917 fulfills this notice requirement.

WHAT ELSE DO I NEED TO KNOW? • Each form took effect immediately (as of Aug. 16, 2016).

• Each form requires the signature of both the surplus lines broker and the insured.

• Each form is to be retained by the surplus lines broker along with the policy to which it pertains and should be retained for a period of five years after issuance of the applicable coverage for possible inspection by the Insurance Commissioner.

SURPLUS LINES FORM SL-1917 – SURPLUS LINES BROKER NOTICE TO INSURED FORM Delaware surplus lines law requires that, for each and every transaction, a surplus lines broker licensee shall notify an

ANOTHER CRABTASTIC GATHERING Thanks to everyone who attended our annual tradition of good food and good friends at Boondocks in Smyrna early this fall.

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Expect big things in worker’ compensation. Expect to save a third of your clients 30% or more. Most classes approved, nationwide.

For information call (877) 234-4450 or visit auw.com/us. Follow us at bigdoghq.com.

Š2016 Applied Underwriters, Inc., a Berkshire Hathaway company. Rated A+ (Superior) by A.M. Best.

Insurance plans protected U.S. Patent No. 7,908,157.

PARTNERS PROGRAM

Listed below are those companies that strongly support the independent agency system and Insurance Agents & Brokers.

Thank you for your continued sponsorship.

WHAT IS IA&B PARTNERS? The IA&B Partners program gives company and allied businesses the opportunity to demonstrate their commitment of support to independent agents and receive maximum market exposure. As an IA&B Partner, you will also realize the benefits of IA&B membership to help you succeed in the insurance industry.

PLATINUM LEVEL

BRONZE LEVEL

ACUITY

Aegis Security Insurance Co.

Amerisafe

Agency Insurance Company

Berkley Mid-Atlantic Group

AmWINS Program Underwriters Inc

Donegal Insurance Group Erie Insurance Group Insurance Agents & Brokers Service Group Inc Liberty Mutual Insurance

Auto-Owners Insurance Company Bailey Special Risks Inc Berkshire Hathaway GUARD Insurance Companies Brethren Mutual Insurance Company Briar Creek Mutual Insurance Company

MAPFRE Insurance

Conemaugh Valley Mutual Insurance Co

MMG Insurance Company

Countryway Insurance Company

Millers Mutual Group

Encompass Insurance

Mutual Benefit Group

GMI Insurance

Nationwide

Goodville Mutual Casualty Company

Penn National Insurance

Grinnell Mutual Reins Company

Swiss Re The Main Street America Group

DO YOU SEE YOUR NAME?

United Fire Group

To become an IA&B Partner, choose the sponsorship package that matches your commitment of support.

Contact the Member Sales Center at 800-998-9644, 717-795-9100 or visit us online at IABforME.com to get started.

Utica National Insurance Group

HM Workers’ Compensation Insurance Alliance of Central PA Inc Insurance House Insurance Placement Facility of PA Lackawanna Insurance Group

GOLD LEVEL

Lebanon Valley Insurance Company

Progressive

Merchants Insurance Group

Universal Property & Casualty Insurance Company

Mercury Casualty

Westfield Insurance

PennPRIME Municipal Insurance

SILVER LEVEL

CM Regent Insurance Company Cumberland Insurance Group Farmers Mutual Insurance Company of Western Pennsylvania Frederick Mutual Insurance Co Juniata Mutual Insurance Co

Millville Mutual Insurance Co Reamstown Mutual Insurance Company Rockwood Casualty Insurance State Auto Mutual Insurance Company Strategic Comp TAPCO Underwriters Inc The Motorists Insurance Group The Mutual Service Office Inc Travelers

Keystone Insurers Group Inc

Tuscarora Wayne Group of Companies

Selective

Zenith Insurance

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CONQUERING CAPITOL HILL:

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NOVEMBER 2016

HOW OUR FEDERAL GOVERNMENT

WINS

AFFAIRS TEAM FOR AGENTS AND BROKERS

By Lauren Brinjac

For independent insurance agents and brokers, who are members of both the insurance industry and the small business community, a strong lobbying presence is critical at both the state and national level. While IA&B maintains a consistent lobbying presence in Dover, we rely on our national association in Washington D.C. – the Independent Insurance Agents & Brokers of America, Inc. ( IIABA or the Big “I”) – to be the eyes, ears and most importantly, the outspoken voice of the agent community on Capitol Hill.

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T

his voice is more important now than ever before: As the federal government becomes more involved in not only how small businesses operate but also how the insurance industry functions, the future of the independent agency system becomes increasingly dependent on the ability to influence the federal political process.

It’s easy to become frustrated by the political process and the state of our government today. It often seems as if Congress perpetually stymies itself with partisan gridlock. However, as the work of the 114th Congress draws to a close, it’s worth looking beyond the frustrations to the nearly unprecedented number of legislative victories we’ve achieved over the past two years under the leadership of the Big “I” and with the grassroots assistance of thousands of independent agents and brokers all over the country.

It’s worth looking beyond the frustrations to the nearly unprecedented number of legislative victories we’ve achieved over the past two years.

TERRORISM INSURANCE/AGENT LICENSING The 114th Congress convened on Jan. 3, 2015, with the largest Republican majority since the 71st Congress of 1929-31. Right out of the gate on Jan. 12, we won one of our biggest legislative

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NOVEMBER 2016

victories of the last decade when Congress passed and President Obama signed into law H.R. 26, the Terrorism Risk Insurance Program Reauthorization Act (TRIA) of 2015. It also included the National Association of Registered Agents and Brokers (NARAB II) legislation to streamline nonresident insurance producer licensing.

These two legislative initiatives, passed hand in hand, were a monumental win for the independent agent community as TRIA and NARAB II were our top two legislative priorities for the last several Congresses. In particular, the Big “I” had been pushing for enactment of NARAB II since 2007.

TRIA’s impact on market stability The road to H.R. 26 becoming law was a long one. TRIA, which has provided a federal backstop for terrorist-related insurance claims since being signed into law by President Bush in 2002, was set to expire on Dec. 31, 2014. Failure to reauthorize the program likely would have had a significant impact on the market for terrorism coverage. The Big “I” government affairs team had been laying the groundwork for legislative reauthorization of the program well in advance of its expiration date, effectively countering arguments that the program was no longer needed and not cost effective by explaining that the threat of a terrorist attack, as well as the inability of the private market to properly underwrite the risk associated with potential attacks, still exists in very real way.

Although a TRIA/NARAB II legislative package was passed just in the nick of time by the U.S. House by a vote of 417-7 on Dec. 10, 2014, the TRIA program still expired for a brief period of time because of the U.S. Senate’s failure to act on the legislation before adjourning for the year. At that time, strong objections from Sen. Tom Coburn (R-OK) ultimately destroyed the bill’s chance of passing. Coburn, who has since retired, was adamantly against provisions in NARAB II – which was attached to the TRIA reauthorization legislation – insisting that states be able to “opt out” of joining the association – a provision that would have defeated the purpose of NARAB II. Fortunately, persistent efforts by the Big “I” ensured quick action by the new Congress which convened in January 2015 and led to a swift reintroduction and passage of the legislative package. The TRIA program was reauthorized for six years retroactive to its expiration date and little market disruption occurred.

NARAB’s slow implementation

of advocacy on behalf of the Big “I” and the independent agent community.

The purpose of NARAB is to establish true licensing reciprocity among states. Once the NARAB entity is functional, agents may choose to become members, which will allow them to handle non-resident licensing needs for different states simultaneously and identically, thus eliminating the burdensome, and often redundant, requirements put forth by the current system.

The NARAB entity will be a private, non-profit and governed by a board of state insurance commissioners and industry representatives. Provided a mandatory background check is passed, any insurance producer (or agency in good standing with its home state) will be able to join NARAB and operate in any state for any line of insurance that is covered under the home state license. All states will retain regulatory authority, and agents who are NARAB members still must comply with the rules and regulations in each individual state. The NARAB entity will also be self-funded and prohibited from accepting federal government funding.

Unfortunately, implementation of NARAB has been exceedingly slow. Under the law, the NARAB Board of Directors must be comprised of 13 members: eight state insurance regulators and five industry representatives. Appointment of the directors was to occur within 90 days of the law’s enactment, and those members were to hold their first meeting within 45 days of their

HOW IA&B STRENGTHENS FEDERAL LOBBYING EFFORTS CONVENTIONAL WISDOM in the world of political advocacy says that any effective government affairs program is like a three-legged stool made up of direct lobbying, grassroots action, and a political action committee. Turn to page 22 to learn how IA&B member agents provide crucial strength to the second and third legs.

Passed as part of the TRIA reauthorization bill, NARAB II also became law in January 2015, following nearly a decade

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Progress continues to be made on a host of other issues which likely will be reintroduced when the new Congress convenes in January 2017: an extension of and private market complement to the NFIP, a full repeal of the Cadillac tax, and exclusion of producer compensation from the ACA’s MLR formula. appointment. However, at the time of this writing – 20 months after the law’s passage – only 10 members have been nominated by the Obama Administration. Both Congress and the insurance industry, led by the Big “I”, are antsy for progress and continue to urge the Administration to move forward with the remainder of the nominations as quickly as possible.

CROP INSURANCE Significant grassroots pressure from independent insurance agents and brokers was a key factor in another major legislative victory for the Big “I". The efforts helped to persuade congressional leadership to reverse $3 billion worth of crippling cuts to the Federal Crop Insurance Program (FCIP) which were passed as part of a budget agreement reached by Congress and the White House in the fall of 2015.

Backed by insurance agents and brokers across the country who contacted their legislators to explain that the severe cuts would be detrimental to the crop insurance program upon which farmers rely and, in turn, likely prompt more federal government spending due to the need for additional disaster assistance, the Big “I” successfully lobbied Congress to reverse the already legislated cuts by including the reversal as an amendment to unrelated legislation which President Obama signed into law in December 2015.

HEALTHCARE The Affordable Care Act (ACA) has long been a source of anxiety for agents and brokers. In the more than six years since the law’s enactment, many have experienced damaging effects on both themselves and their clients, including severe commission cuts which have led to a reduced ability to continue to deliver insurance to the consumers who turn to their independent agents for expert advice.

The Big “I” is aligned with numerous groups representing both the insurance and small business communities lobbying to change or clarify many of the detrimental provisions of the law. Although

16

work remains, efforts clearly are paying off as two victories were won late last year with bipartisan legislative support.

PACE Act In October 2015, Congress passed and President Obama signed into law H.R. 1624, the Protecting Affordable Coverage for Employees (PACE) Act, which enables states to keep the current definition of small group market at 50 or fewer employees.

Under the ACA, the definition of small group market was scheduled to expand on Jan. 1, 2016 from employers with up to 50 employees to include employers with up to 100 employees.

Many feared that the likely effect of the mandated expansion of the definition of “small group” would be further disruption to the health insurance market, including increased premiums for nearly two-thirds of workers in small to mid-size firms as a result of new rating restrictions. In response, the PACE Act redefines the small employer as one with 50 or fewer employees and give states the option to expand the definition to include employers with up to 100 employees.

Cadillac tax The Big “I” achieved a significant victory in the last days of 2015 when Congress passed and President Obama signed into law as part of a year-end budget bill a two-year delay of the ACA’s “Cadillac tax.” The Big “I” has long opposed this tax and ramped up its efforts last year by joining with a group of public and private sector employers, unions and other health insurance stakeholders to announce the launch of The Alliance to Fight the 40: Stop the 40% Tax on Health Benefits.

The 40 percent excise tax, or Cadillac tax, originally was scheduled to go into effect in 2018 on health benefits exceeding an established annual cost. Health plans (including HSAs, FSAs and supplemental insurance) exceeding $10,200 a year in value for individuals or $27,500 a year for families would be subject to the tax. As part of The Alliance to Fight the 40, the Big “I” argued that although this provision of the ACA is billed as a tax on high-cost plans (thus the moniker Cadillac tax) over time the

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tax will impact more and more individuals because Congress tied the threshold to a slow measure of inflation that will not keep up with the rising cost of healthcare.

While not a repeal, this two-year delay (the tax will not take effect until 2020) passed by Congress goes a long way toward laying the groundwork for further efforts to fully repeal the tax.

INSURANCE REGULATORY REFORM One of the perennial issues for our federal government affairs team is advocating in support of our current state-based system of insurance regulation – and the consumer protections it affords – and preventing any unnecessary federal encroachment into insurance regulation. The Big “I” achieved a win on this front with the enactment of the Policyholder Protection Act, which was passed as part of the same budget bill as the delay of the ACA’s 40 percent excise tax mentioned above.

The Policyholder Protection Act reaffirms that state insurance regulators have the authority to safeguard the capital of insurance companies that are part of larger, diversified financial

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STATE LEGISLATIVE SMARTS A GREAT deal of advocacy happens on the state level, where laws and regulations impact producers and their customers.

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LOOKING AHEAD While these victories alone make for a successful legislative session for independent insurance agents and brokers, progress continues to be made on a host of other issues which likely will be reintroduced when the new Congress convenes in January 2017.

3281 Summit Ad 7.25X4.625 For example, we continue to call upon Congress to extend the PropMan National Flood Insurance Program (NFIP) prior to its Sept. 30, 2017 expiration and support federal legislative efforts to enable the private market to complement the NFIP. We’re already making progress: Earlier this year, the House passed H.R. 2901, the Flood Insurance Market Parity and Modernization Act which clarifies that a private insurance policy can satisfy the NFIP mandatory purchase requirement and grants state regulators the ability to determine what is “acceptable” private flood insurance.

In addition, we continue to push for a full repeal of the ACA’s onerous Cadillac tax and support legislation which would exclude agent compensation from the ACA’s Medical Loss Ratio Formula

(MLR) which currently has many carriers significantly reducing or even eliminating agent compensation on individual health plans.

At the time of this writing, the General Election – arguably the most controversial in recent history – is approximately two months away. It’s entirely possible that the party in power in the House, Senate and/or the White House could change, creating a new set of both challenges and opportunities beginning early next year.

Regardless of what happens, the insurance industry must be ready to hit the ground running. There will be new members of Congress who need to learn about the value of the independent insurance agent and broker community. Unfinished business must be reintroduced in the new legislative session, and there are guaranteed to be at least a few surprises around the corner.

Fortunately, the independent insurance agent and broker community remains a strong political force, ready for whatever the coming year may bring.

Lauren Brinjac is government affairs director for IA&B.

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HOW IA&B STRENGTHENS

FEDERAL LOBBYING EFFORTS

By Lauren Brinjac

22

C

onventional wisdom in the world of political advocacy says that any effective government affairs program is like a three-legged stool made up of direct lobbying, grassroots action, and a political action committee. In our world, the federal direct lobbying leg is taken care of by the Big “I” whose government affairs team is on Capitol Hill day in and day out successfully advocating on numerous issues on behalf of independent agents and brokers across the country.

The second and third legs are where IA&B agents and brokers come into play: NATIONAL LEGISLATIVE CONFERENCE Although the Big “I” works hard to develop and maintain positive relationships with senators and representatives from every state, nothing hits home with legislators quite like meeting with constituents. As you can imagine, sitting face-to-face with the very people who are responsible for electing, and hopefully re-electing, you to office is very persuasive indeed.

IA&B makes sure to get local agents in front of their legislators by setting up in-district meetings with senators and representatives. We also take a contingent of agents to the Big “I” National Legislative Conference (NLC) in Washington D.C. every spring where we join over 1,000 agents from across the country to meet with our legislators and their key staff members on the most pressing issues facing independent agents.

These constituent meetings contribute in a big way to the many legislative victories described above.

The 2017 National Legislative Conference will be held May 3-4 at the Renaissance Washington, D.C. Downtown Hotel. IA&B picks up the tab for your registration fee, overnight

hotel room and dinner. All you have to do is get yourself to Washington. Look for more information on this event in Agent Headlines and at IABforME.com in the coming months. I hope you’ll join us this year.

INSURPAC Our grassroots strength combined with our federal government affairs team’s direct lobbying efforts comprises two legs of our effective advocacy “stool.” The third leg is our federal political action committee, InsurPac, which is one of the largest small business PACs in the country.

InsurPac provides the resources for our federal government affairs team to attend numerous campaign fundraisers where relationships are forged with members of the U.S. House and Senate. InsurPac

distributes 100 percent of its agent contributions to federal campaigns.

Essentially, the larger the PAC is the more relationships our government affairs team can develop and strengthen. Whether we’re weeks away from an election or just starting a new campaign cycle, every contribution to InsurPac is a timely one. If you’d like to join the thousands of independent agents who have already become involved in supporting InsurPac, you can visit online at independentagent.com/GovernmentAffairs/ InsurPac/facts/Pac-Facts.aspx or contact InsurPac at 20 F Street, NW #610, Washington, DC 20001, (202) 863-7000, InsurPac@iiaba.net.

Lauren Brinjac is government affairs director for IA&B.

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HR HEADQUARTERS

THE PERFECT MATCH HOW TO FIND – AND MANAGE – THE RIGHT MIX OF EMPLOYEES

By Karen H. DiGioia

Match.com … eHarmony … It’s Just Lunch … the list goes on.

Dating services and websites – all designed to find you (or someone) the perfect match. (Yes, I am going somewhere with this.) Isn’t that a lot like what you’re doing when you’re looking for a new employee? Aren’t you looking for the “perfect match” for your agency?

24

W

hile I honestly haven’t used any of these services, I am guessing that the process starts out something like this: A new user provides information about themselves and also information about their “perfect match.”

Generation X (born 1965 – 1978)

Let’s look at the hiring process the same way – with an employee “perfect match” wish list. While your list may not be exactly like mine, I’m guessing that you’d be looking for someone who is:

Millennials (born 1979 or later)

• Productive and hardworking • Energetic and enthusiastic • Adaptable • Collaborative • Multitasker • Revenue generator • Relationship builder • Able to deal with change • Team player • Tech-savvy • Lots of in-depth industry knowledge • Loyal The list looks good, right? So where do you find that “perfect” employee who has it all? The bad news is, you probably can’t.

The good news is, with the right mix of employees, you truly can have it all.

While I’m not a fan of stereotyping, there are generational groupings that our employees and prospective employees fall into. We’ve all heard the terms Baby Boomer, Generation X and Millennials.

Each generation has unique strengths (and, of course, some challenges) to offer employers. Let’s look at the wish list above as they typically apply to these generational groupings.

Baby Boomers (born roughly 1946 – 1964) • Productive and hard-working (possible “workaholic”) • Loyal • Team players • In-depth knowledge and experience

• Adaptable • Collaborative • Revenue generator • Relationship builder

IA&B JOB BOARD

• Good at dealing with change

The ask is common, and with the average age of an insurance agent reaching 59, the ask is increasingly urgent: Where can I find new talent? The new IA&B job board aims to meet member agencies’ recruitment needs and to introduce the independent agency system to job seekers.

So, as you see, those traits on our “perfect match” employee list all show up. You just need a mix of the generations to get them all.

AIDING EMPLOYERS Hiring agencies can use the job board in two ways: to post their job openings and to review the resume bank of job applicants

• Tech-savvy • Energetic and enthusiastic • Multitaskers

Chances are good that you, the agency owner, are a Boomer or maybe a Generation Xer. You know what makes you tick and are probably pretty good at attracting, managing and motivating employees who are like you. However, as the balance of the workforce is tipping, it’s important to look at all groups to ensure you are positioned to attract and motivate employees in all generations.

While we’ll talk about each, we’ll focus a bit more on the Millennials, as this group tends to be the biggest “mystery” for earlier generations.

BABY BOOMERS Baby Boomers are known for their tendency to work hard and work as part of a team. However, this group is also starting to transition toward retirement (or semi-retirement). They don’t tend to need a lot of feedback (although, you should be giving it anyway!) and are motivated by things like money and title. As you would expect, health and retirement benefits are important to this group of employees.

REACHING APPLICANTS Driving job seekers to the job board won’t happen overnight, but efforts are underway. Over the summer we alerted career services centers at regional business schools, colleges and universities to the job board, and this fall we met with faculty in risk management departments at area universities.

ADDRESSING THE BIGGER PICTURE The job board is part of our Career Center, a broader effort to address the industry’s perpetuation and talent concerns. Also included are the Futures Program to engage young talent and our career paths to integrate new hires into an agency and the industry as a whole.

IABforME.com/CareerCenter

Chances are you won’t have too many challenges attracting and managing your Boomers. These employees know the ropes. You may be a bit hesitant to hire Boomers, knowing that their retirement may not be far away. Keep in mind that

25

HR HEADQUARTERS

employees from this group still have a lot to offer your company. They are willing to work hard, are likely to loyal to your organization and have a lot of knowledge developed over the years. And, of course, as you are well aware, it’s against the law to discriminate because of age. Don’t count them out when you are recruiting talent!

GENERATION XERS Generation Xers are known to be entrepreneurial in nature. While they appreciate some degree of structure and direction, they also appreciate freedom and the opportunity to create/innovate.

They are strong relationship builders and value the opportunity to work collaboratively. They are looking for work/life balance and are motivated by freedom and flexibility. When rewarding Generation X employees, the faster the turnaround between the accomplishment and the reward, the better!

MILLENNIALS Millennials are known for their high levels of energy and are tech-savvy multitaskers.

Because of their strong tie to social media, it’s important to many Millennials that their employer have a strong and active social media presence. Make sure you are maximizing your use of various social media outlets like LinkedIn, Facebook and Twitter. If you don’t have a strong social media presence, you’re going to have a challenge even getting Millennials to apply for the jobs you have. Company sites should be mobile-accessible, and your online application process should be easy to find and easy (and fast) to use. Once they are on board, your Millennials can help you strengthen your social media strategy and implementation.

When you’re interviewing Millennials, you’ll need to focus on things like recognition and advancement

opportunities, collaboration and work/ life balance opportunity. It’s not that Millennials aren’t willing to work hard – they are. However, unlike many Boomers, they aren’t looking to sacrifice their personal life for their job. They are willing to work hard but also want to play hard.

If you offer fitness or health program benefits to employees, make sure to stress this. Do you have a ping-pong table in the breakroom? By all means, talk about it.

Softball team? Community involvement?

Social gatherings after work to de-stress?

Perfect! Your interview process should put these things front and center.

Be honest; Millennials expect transparency. Feel free to talk about the upsides and downsides of the job you may be offering them.

Once you’ve hired a Millennial, you need to focus on the best ways to manage

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HR HEADQUARTERS

and motivate them. Millennials are born multitaskers. This can be a strength but can also provide a challenge – multitasking can easily segue into distraction. When managing Millennial employees, it’s important to focus on goals and expectations. Establishing daily or weekly goals and deadlines is a great way to keep employees in this grouping focused and on task (and off their iPhones!)

Provide feedback and rewards regularly.

Millennials are looking for meaning in their work, and your feedback will provide the message that their work is important and will let them know if they are (or aren’t) on the right track.

While other generations aren’t looking for this much feedback with this degree of regularity, quite honestly, it’s the best way to manage all your employees! If you’re looking for a way to reward your Millennial employee, look at providing extra time off (although, all employees appreciate cash!).

Ensure that you are maximizing your use of technology. This means looking at

28

the software that you are using to crunch customer (and potential customer) data but also use of mobile services and apps to redefine the way you attract and interact with customers. This won’t just position you to attract Millennial employees – it will also be powerful in your ability to reach Millennial customers.

In spite of what we’ve talked about here, never lose sight of the fact that each of your employees is an individual – an individual who may or may not fit into the generational groups above.

Understanding the traits of these groups can be helpful, but it should never override your ability to manage each employee individually.

Sound like a lot of work? I’m not going to tell you otherwise (sorry!) But, as we all know, finding the “perfect match” is just the beginning. Just like you do with the other “perfect matches” in your life – your family, your customers – you have to actively manage your relationships with your employees. Your employees are your company’s biggest resource, the

NOVEMBER 2016

folks that serve your customers each and every day – now and into the future.

And if, at any point, you need more assistance with those employee relationships, I’m just an email or phone call away.

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 conducting classifying workers or with other human resources 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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My Events

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November & December 2016 DATE TOPIC

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NOVEMBER 2016 2

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2

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Wilkes-Barre, PA

3

Directors & Officers and Professional Liability

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8

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8

E&O Risk Mgmt: Meeting the Challenge of Change

Bethlehem, PA

8-10

Life & Health Licensing Study Course

Mechanicsburg, PA

9-12

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E&O Risk Mgmt: Meeting the Challenge of Change

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Philadelphia, PA

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14-15

James K. Ruble Graduate Seminar

Lancaster, PA

15

CISR Personal Auto

Waldorf, MD

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Pittsburgh, PA

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William T. Hold: Condo Concepts& Coverage

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Salisbury, MD

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