Pennsylvania Primary Agent - December 2014

ALSO IN THIS ISSUE: Costs of retail data breaches Do’s and don’ts of shredding consumer docs

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Contents PRIMARY AGENT MAGAZINE

Year in review For you, IA&B is your training, your advocate, your support, your agency and your connection. Here, we recap what we’ve accomplished for you over the past year.

Read on and learn how to make IA&B membership mean even more to your agency.

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My EMC a success Our sixth annual Executive Management Conference — dubbed My EMC — brought together agency principals from throughout Delaware, Maryland and Pennsylvania for two days of premier training with nationally renowned instructors and ample networking with sponsoring companies and fellow agency owners.

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22 Mission Statement Primary Agent delivers ideas to help Insurance Agents & Brokers’ members negotiate their unique position as guardians of trust between insurance consumers and companies while facing the challenges of maintaining a small business. Primary Agent also supports IA&B’s mission to preserve and advocate the American Agency System.

Get social with IA&B

Connecting agents with download Borne from the discovery that 40 percent of all potential downloads from carriers to their agencies were not set up for delivery, the IVANS Connection project aims to increase awareness of download capabilities and maximize agency efficiency.

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In every issue 2 3 4 6 8 11

Chairwoman of the Board’s Message Ask Our Experts State News Preventing Errors & Omissions Coverage Corner IA&B Partners

16 22 IBC IBC IBC

My Events Technology Update Advertisers Index Classified Ads C’mon, get appy!

All communications for publications, including news, features, advertising copy, cuts, etc., must reach the editor by 1st of month two months prior to publication. Advertising rates furnished upon request.

Address inquiries to: Primary Agent Editor 5050 Ritter Road Mechanicsburg, PA 17055-0763 Phone (800) 998-9644 or (717) 795-9100 Fax (717) 795-8347 Periodical postage paid at Mechanicsburg, Pa. and at additional mailing offices. Ride-along Enclosed.

Postmaster: Send address changes to above address.

Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2014-12 is published monthly by IA&B Service Group Inc., a subsidiary of IA&B. Copyright 2014. 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 is 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 and 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 the 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.

Board of Directors

Diana M. Hornung Hanby

Officers Diana M. Hornung Hanby, ACSR Chair of the Board Wilmington, Del. Robert S. Klinger, LUTCF, CPIA Vice Chair of the Board Germantown, Md. G. Greg Gunn, CIC Immediate Past Chair of the Board Lemoyne, Pa.

Members Henry “Butch” Bradley, Jr. Forest Hill, Md. E. Stephen Burnett, CIC, ARM Wilmington, Del. Richard F. Corroon, CPCU Wilmington, Del. N. Lee Dotson, CIC, AAI Wilmington, Del. Michael P. Ertel+ Columbia, Md. John B. Hollister Milford, Pa. Jocelyn R. Howard-Sinopoli, CIC, CISR Butler, Pa. Douglas A. Loesel, CPCU Erie, Pa. Michael F. McGroarty Sr. Pittsburgh, Pa. Craig S. Mader Gambrills, Md. Ann Gallen Moll, CIC Reading, Pa. Mark J. Monroe West Chester, Pa. Joseph R. Pastor, CPCU, AAI Oil City, Pa. Richard M. Rankin, CIC Lancaster, Pa. April E. Ressler, CIC Altoona, Pa.

Chairwoman of the Board’s M

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‘Tis the season ‘Tis the season for reflecting and for planning. Despite the hustle and bustle of the holiday season — not to mention Jan. 1 renewals — we all sneak a few moments (admittedly they may be while stuck in mall traffic …) to contemplate the impending new year.

We compare how far we’ve come, professionally and perhaps personally, since last year. And we give thought to goals and, if you will, resolutions for the year ahead.

Your agents’ association does the same thing. The board and staff take time to reflect on what has been accomplished and how well it has met your needs. And we plan for how to make IA&B membership mean even more to you in the future.

First things first: If you need a refresher on what your association has accomplished on your behalf over the past year, take a look at the article beginning on page 12. You’ll find highlights of resources, educational opportunities and more, along with website addresses to access them.

Now, onwards and upwards! Know that IA&B has a great deal planned for 2015, including support of agencies’ marketing and branding efforts, a commitment to address members’ perpetuation planning concerns, assistance with agencies’ social media use and more. Stay tuned to Agent Headlines, visit IABforME.com and keep reading Primary Agent magazine to learn more.

Have a great new year, everyone.

Until next time,

Scott C. Rogers, CPIA* York, Pa. Glenn R. Strachan Ft. Washington, Md.

A

Diana M. Hornung Hanby

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM** New Castle, Del. J. Marshall Wolff, CIC, CPCU Easton, Pa. * Pa. IIABA National Director ** Del. IIABA National Director + Md. PIA National Director

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Ask our Experts QUESTION: Our agency wants to use a shredding company to dispose of

customer files, many of which include MVRs and other customer information.

The company doesn’t shred on site, but takes the documents away. Is this an acceptable way to destroy records? Or do I need to witness the shredding?

ANSWER: It depends. First, let’s review the basics.

Is there an easy way to do this? Yes, there is. If your agency is looking for a simple and efficient method of conducting due diligence, you could use a shredding company which has been AAA-certified by the National Association for Information Destruction (NAID). NAID is the international trade association for companies that provide information destruction services. The NAID AAA-certification is designed to validate and monitor ongoing compliance with critical data protection and related regulatory specifications. You can read more and view a list of NAID AAA-certified shredding companies at naidonline. org/nitl/en/consumer/members.html.

The disposal of MVRs and other consumer reports is governed by the federal Disposal Rule (the “Rule”), which requires agencies to take reasonable steps to protect against unauthorized access to, or use of, consumer information in connection with its disposal.

What constitutes “consumer information”? The Rule defines consumer information as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report.”

For our purposes, MVRs, credit or insurance scores and C.L.U.E. reports are all “consumer reports.”

While not a requirement of the Rule, agencies should request the shredding company provide a Certificate of Destruction (COD) upon completion of the shredding process. While there is no uniform COD in the marketplace, a COD should include: the name of your agency; the date and location of destruction/disposal; the method of destruction/disposal; a description of the destroyed/disposed of records; and names and signatures of the individuals conducting and witnessing the destruction/disposal.

Who must comply with the Rule? The Rule applies to individuals and organizations that use consumer reports.

Among those required to comply are: consumer reporting agencies; lenders, insurers and their agents; employers; and government agencies.

Does the Rule have guidelines associated with the choosing of a shredding company? When choosing shredding as the method of destruction and disposal, the Rule’s due diligence requirements are flexible, and could include the agency doing any one of the following:

As a final related thought: Because your agency will be entering into a contract with a third-party service provider (the shredding company) which will have access to your customer information, the contract should include provisions whereby the vendor acknowledges customer information may not be used in a manner inconsistent with the limited services they intend to provide.

w Reviewing an independent audit of the shredding company’s operations and/or its compliance with the rule; w Obtaining information about the shredding company from several references or other reliable sources;

Sample language to include as part of an information protection addendum for third-party service contacts is available at iabforme.com/resource_center/ legal_compliance/privacy/pdfs_privacy/requirements/ info_security_addendum.doc.

w Taking appropriate measures to determine the competency and integrity of the shredding company; or w Requiring that the shredding company be certified by a recognized trade association or similar third party.

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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Primary Agent | December 2014

State News Waiver of stacking in a postBumbarger world Mutual Benefit Group earlier this fall advised its agents authorized to write personal lines auto policies in Pennsylvania that, effectively immediately, they will be required to obtain a new waiver of stacking form when: w A new vehicle is added to an existing multi-car policy and w The insured had previously rejected stacking Mutual Benefit’s decision to require an updated waiver is in response to the recent Bumbarger court decision.

While there is no statutory requirement to obtain a new waiver of stacking form when a vehicle is added to an existing multi-car policy, Mutual Benefit’s new policy certainly represents a pragmatic and “better safe than sorry” approach, given the courts’ recent decisions in Sackett and Bumbarger.

Mutual Benefit Group agents are directed to contact their marketing reps or personal lines underwriter should they have any questions regarding this issue.

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Workers’ comp premiums by state A biennial report that ranks states by their workers’ compensation premiums found Pennsylvania relatively constant, moving from 12th highest in 2011 to 17th in 2014. Neighboring Delaware, New Jersey and New York were within the top 10 for highest premium rate.

Overall, the report showed a slight decrease in the past two years.

The Oregon Department of Consumer and Business Services, which conducts the study, found that the median value of workers’ comp premiums paid dropped 2 percent – from $1.88 per $100 of payroll in 2012, to $1.85 in 2014.

New insurance legislation on the books

Review of MAPFRE agreement

Gov. Tom Corbett in late October signed into law several pieces of insurance legislation including House Bill 1846 which is intended to reform the practice of physician dispensing in the state’s workers compensation (WC) system. Proponents of the new law – effective Dec. 26 – say that it will save Pennsylvania employers approximately $13 million annually in the cost of their WC premiums.

Following MAPFRE’s entrance into the Pennsylvania auto and homeowners’ market last spring, we reviewed the carrier’s new agency agreement. We used our Agency Agreement Analysis (AAA) tool to assess how the contract addresses your rights and obligations and compares with industry standards.

HB 1846, now Act 184 of 2014, limits the amount of drugs that can be dispensed and the price for those drugs that can be charged (price is capped at 110 percent of the drug’s average wholesale price) by a physician under the state’s WC program. Additionally, if one healthcare provider has dispensed drugs to a workers’ compensation patient, no other healthcare provider may submit for reimbursement for drugs dispensed to the same employee under the same workers’ compensation claim.

Also signed into law were Senate Bills 1356 and 1357 which, as of Dec. 21, amend the definition of “renewal” or “to renew” within the Unfair Insurance Practices Act to include “affiliated insurer.” This change will allow insurers to move both automobile and homeowners’ customers from one affiliate to another without having to go through the non-renewal process and without issuing a cancellation notice. These are carrier-supported bills, and the language in them originated in the House with Rep. Tobash (R-Schuylkill), who is also a Nationwide agent. Similar legislation has been enacted in 35 states.

From agent duties and obligations, to ownership of expirations and hold harmless provisions, the AAA breaks down the agreement and explains how the different provisions can impact agency procedures. We shared the AAA with the company.

IABforME.com/ carrier_issues/agreements

Excellence in Education Award validates our offerings

Wage-and-hour claims spike There’s more incentive than ever to comply with the Fair Labor Standards Act (FLSA). First we learned about the influx in U.S. Department of Labor field investigators hired to ensure compliance with the FLSA. And now we’re hearing of an increase in wageand-hour litigation across the state.

According to The Legal Intelligencer, the number of federal employment cases filed in Pennsylvania rose steadily from less than 60 between September 2004 and September 2005 to 182 filings between September 2013 and September 2014.

Maintaining compliance with the FLSA will go a long way to preventing a claim against your agency. Our most recent HR resource highlights how the FLSA applies to agency staff by delving into each exemption and discussing typical agency positions that may qualify.

IABforME.com/ FLSA-agency-staff

It’s not news that you get great education at a good value from IA&B. After all, it’s what you’ve come to expect. But what is news is that we (once again) have been recognized for it.

The Big “I” recently bestowed upon us a Gold Excellence in Insurance Education (EIE) Award. The EIE awards celebrate and recognize associations and staff who made significant contributions to education for their members and the industry in the key areas of class offerings, continuing education, professionalism, designation offerings, industry collaboration, planning goals, marketing, resources and more.

WELCOME

New Members ARI Insurance Companies Newtown, PA McCartney Agency Inc. Aliquippa, PA Oxford Millin Jenkintown, PA

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Primary Agent | December 2014

Preventing ERRORS AND OMISSIONS

WHAT’S THE E&O EXPOSURE OF YOUR AGENCY’S CLAIMS OPERATION?

The Utica National E&O Program supplied this article.

Insurance Agents & Brokers Service Group Inc. 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.

When agencies typically think about their errorsand-omissions exposure, they tend to focus on their producers and CSRs. These two agency disciplines undoubtedly “cause” more than their fair share of E&O claims. Yet there are other areas within an agency operation with the potential to generate E&O claims from time to time. An agency would be wise to ensure that proper procedures are in place and that the staff adheres to best practices.

Advise all applicable carriers Virtually every agency has experienced a claims scenario where a minor liability claim suddenly became a significant loss. While it would be nice to know those files where this could occur, predicting this is easier said than done. That “small fall down” claim or “minor auto claim” might seem harmless initially, but because these claims could develop adversely, a good “best practice” is to advise all applicable carriers, including any excess or umbrella carriers.

Handling the claim like this provides all applicable carriers the opportunity to conduct their discovery on the matter. When a claim is submitted to your agency, make it a practice to review the file for all possible available coverage, and then put those carriers on notice.

One of those areas involves the handling of customer claims, whether they are managed by a dedicated claims staff or other individuals, such as CSRs that have this as part of their duties.

The manner in which claims are handled is potentially a significant E&O exposure. The latest statistics indicate that approximately 10 percent of all E&O claims are due to alleged mishandling of the underlying claim by the agency. Let’s look at some areas where things could go wrong.

The same carrier Consider a slightly different scenario: Your agency insured has his or her auto, homeowners’ [6]

and umbrella coverages all with the same carrier.

The insured is involved in an auto accident involving injuries, but the injuries don’t appear to be significant. The claim is reported to your agency and, obviously, you report the claim to the auto carrier. What if the injuries are worse than originally thought? Do you think that because the auto and the umbrella are with the same carrier, the carrier’s umbrella claims division is essentially officially on notice if the underlying claim develops adversely?

Do you perhaps think that the auto claims person will advise his or her umbrella counterpart?

What could happen?

Suppose you decide to put the umbrella carrier on notice after you find out that the injuries are worse than originally thought. Depending on the degree of the time lapse, umbrella carriers have been known to take a tough position and deny for late reporting.

Improper denial The scenario: A claim is reported to the agency. Your agency concludes there is no coverage after reviewing the details, so the claim is not reported to the carrier. While some of these instances are minor, more than a handful are serious. What should an agent do?

Even if you are completely convinced there is no coverage, report the claim to the carrier anyway. A claims denial should be the carrier’s responsibility.

Improper coverage interpretations While we all pride ourselves on our insurance knowledge, it is difficult to be the expert on all lines of business.

When claims/incidents are reported to your agency, it might be appropriate to contact the carrier for a coverage determination. This applies to all coverages, especially professional liability/D&O which have unique language that could determine the application of coverage.

Advising there’s coverage when there isn’t If you incorrectly advise your customer that there is coverage only to find out there isn’t, the customer, needless to say, will not be happy. While you may be fairly certain coverage applies, it may be difficult to provide a definitive answer without reviewing the entire policy form for any applicable conditions or exclusions. Once again, it is best to submit the matter to the insurance carrier and let it determine coverage.

Failure to professionally handle the claim The carrier often requires additional documentation as a claim unfolds.

This can involve estimates, appraisals and more. Ensuring that requests for additional information are handled promptly and professionally helps the carrier resolve the claim in a timely manner.

Customer says do not report With some degree of regularity, your agency will have customers contacting you to advise of a loss. After advising the customer of any issues (loss of the customer’s loss-free discount, the claim is not much more than the deductible, etc.), has your client ever said that he or she does not want to report the claim to the carrier? What should you do? It can be strongly argued that you have an obligation to notify the carrier. The concern would be that if you don’t notify the carrier and the claim takes a bad turn, the customer could find fault with your handling of the matter. It is strongly recommended that liability claims always be reported due to the potential for them to develop adversely.

If the customer does not want the claim reported, be sure to document this conversation in the agency management system. In addition, it would be prudent to send a letter to the customer memorializing the conversation to make sure there is no misunderstanding.

Determine your role Most agents want to be involved with customers’ claims. This provides the opportunity to show the agency’s strength and demonstrate you are there when customers need you. It is best to exercise caution at claims time. Determine the role you want to serve and handle it professionally and promptly.

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Primary Agent | December 2014

Coverage COR N E R

THE COSTS OF RETAIL DATA BREACHES

JERRY M. MILTON, CIC Jerry M. Milton, CIC, teaches and consults on industry issues. The legal profession recognizes him as an expert on insurance coverages. He is also the education consultant for IA&B, working with CISR, CIC and continuing education programs.

In case you haven’t been paying attention, the past several months have been ugly in the retail sector for credit card breaches.

Home Depot is the latest retailer to suffer a data breach from hackers.

This follows attacks at Target, Supervalu, Neiman Marcus, T.J. Maxx and others that were less publicized or not made public.

Meanwhile, more than 140 lawsuits against Target, including 29 brought on behalf of banks and credit unions, have been consolidated before U.S. District Judge Paul Magnuson in Minnesota.

These lawsuits involve losses resulting from data security breaches that affected approximately 40 million customers at stores owned and operated by Target between Nov. 27, 2013 and Dec. 15, 2013.

Home Depot’s data breach may affect 60 million customers and could cause up to $3 billion in fraud, according to 24/7WallSt. Research

by BillGuard indicates that between 10 and 15 percent of those breached accounts will likely experience some form of fraud, and the average amount of fraud is $332 per account. Sixty million multiplied by 15 percent multiplied by $332….

You do the math. We’ll certainly hear more about these costs in the months to come.

The lawsuits brought by the banks claim they should be compensated for expenses associated with the reissue of the cards, closing accounts, reimbursing customers for unauthorized transactions and other breach recovery related losses. The costs to reissue these cards can be as high as $15 per card.

Again, you do the math: 40 million multiplied by $15. The banks argue that Target failed to adequately safeguard customer confidential data

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and failed to maintain adequate encryption, intrusion, detection and prevention procedures in its computer systems.

Regarding these cases filed by the banks, Wendy Wildung, a partner at Faegre Baker Daniels, who’s representing Target, said the financial institutions “have no business relationship with Target, Target has no contracts with them and, so, there’s a threshold duty question.”

Target argues that there is a third party in between the merchants and issuing banks in a credit card transaction (a card processor or merchant bank) that has the contract with VISA, MasterCard, AmEx, etc. and the merchant which spells out the obligations and rules for each party to the transaction. This merchants services agreement outlines who pays for what in the event of a breach that involves

card data. Who will win – the banks or Target?

Only time will tell.

A Strong Company Just Got Stronger

The data breaches at Home Depot, Target and others have revealed some significant facts. Here are a few:

We are now part of Berkshire Hathaway – giving us an immense base upon which to grow.

w First, the costs of a data breach are way understated during the first year following the breach;

Berkshire Hathaway GUARD Insurance Companies feature the same products, services, and personalized attention that marked our first three decades of success as a specialist in small- to mid-sized risks . . . but with one very important difference. We now have a new ultimate parent – Berkshire Hathaway – and BILLIONS of dollars of capital and invaluable expertise to support us. To learn more, visit: www.guard.com/apply.

w Second, merchants have a huge exposure over and above their “data breach response expenses” which cover the notification costs, offering credit monitoring, setting up a call center, and hiring attorneys and forensics and public relations experts; w Third, the credit card issuing banks may incur major costs if they only recover “administrative expenses,” which may be as low as $2.50 per card;

BERKSHIRE HATHAWAY

w Fourth, most merchants are underinsured; and

GUARD

w Fifth, insurers will probably change their approach to underwriting in this sector or else capacity may just disappear.

INSURANCE COMPANIES

(Formerly known as GUARD Insurance Group)

Rated A+ (”Superior”) by A.M. Best Company

Y’all take care!

Why choose MBG?

“Nice to see a company hire people that know what they are doing!”

- C.S. Eagleville, PA

Coastal Agents Alliance, LLC

409 Penn Street • PO Box 577 • Huntingdon, Pennsylvania • 800-283-3531 www.mutualbenefitgroup.com

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Platinum Profile Insurance Agents & Brokers proudly recognizes Liberty Mutual Insurance as one of its Platinum Partners. IA&B Platinum Partners dedicate the highest level of sponsorship to our organization.

FEATURED PARTNER Liberty Mutual Insurance PRESIDENT Constance Bayne, Business Insurance Mid-Atlantic Region REGIONAL HOME OFFICE Fairfield, Ohio “Successful businesses are the result of strong relationships. We foster these relationships with our appointed agents by maintaining local decisionmaking, providing familiar, knowledgeable field staff and offering consistent ease of doing business.”

REGIONAL OFFICES Camp Hill, PA; Columbia MD; Fairfield, OH; Lexington, KY REGIONAL LEADERSHIP David Lamparella, Regional Vice President, Chesapeake; Donald Waardenburg, Regional Vice President, Pennsylvania

~ Constance Bayne

UNDERWRITING OFFICES Camp Hill, PA; Columbia, MD; Delaware Valley, PA; Pittsburgh, PA; NATIONAL ACCOUNTS LEADERSHIP Thomas Kelley, Vice President & Managing Director, Mark Morneau, Vice President & Division Underwriting Manager NATIONAL ACCOUNTS UNDERWRITING OFFICE Bala Cynwyd, PA A.M. BEST RATING “A” (Excellent) WEBSITE www.libertymutualgroup.com/business

Y

ou’re passionate about supporting your clients. Liberty Mutual Insurance is passionate about protecting them.

We proudly partner with independent agents and brokers in Delaware, Maryland, Pennsylvania, and throughout the Mid-Atlantic region and are committed to helping them grow their business.

We offer comprehensive coverages to tailor insurance from a family owned startup to a Fortune 500 global company, and every size and type of business in between. With local underwriting, risk control, and claims expertise, we provide you with the services to help your clients’ businesses thrive.

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Liberty Mutual Insurance gives its agents a single point of access to a wide range of commercial insurance including small, mid-sized and national accounts. We also offer highly specialized products for construction, energy, inland marine, excess casualty and many programs. We are the third largest property and casualty insurer in the United States,* as reported by the National Association of Insurance Commissioners. We’re also ranked on the Fortune 100 list of largest companies in the United States.** Learn more about us at www. libertymutualgroup.com/business. * based on direct premiums written ** based on annual revenue

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.

DO YOU SEE YOUR NAME? 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.

PLATINUM LEVEL ACUITY Berkley Mid-Atlantic Group Donegal Insurance Group Erie Insurance Group Harleysville Insurance HM Insurance Group Insurance Agents & Brokers Service Group Inc Liberty Mutual Insurance MMG Insurance Company Millers Mutual Group Millville Mutual Insurance Co Mutual Benefit Group Penn National Insurance Swiss Re The Main Street America Group Utica National Insurance Group

BRONZE LEVEL Aegis Security Insurance Co Agency Insurance Company AmWINS Program Underwriters Inc ARI Insurance Companies Auto-Owners Insurance Company Bailey Special Risks Inc Briar Creek Mutual Insurance Company Conemaugh Valley Mutual Insurance Co Countryway Insurance Company Encompass Insurance Foremost Insurance Group GMI Insurance Goodville Mutual Casualty Company Guard Insurance Group Insurance Alliance of Central PA Inc Insurance Placement Facility of PA Keystone Insurers Group Inc Lebanon Valley Insurance Company

GOLD LEVEL

MAPFRE Insurance

Progressive Westfield Insurance

Merchants Insurance Group Mercury Casualty Penn PRIME Municipal Insurance

SILVER LEVEL

Reamstown Mutual Insurance Company

Access Insurance Company American Mining Insurance Co Cumberland Insurance Group Farmers Mutual Insurance Company of Western Pennsylvania Frederick Mutual Insurance Co Juniata Mutual Insurance Co PSBA Insurance Trust Selective The Philadelphia Contributionship [ 11 ]

Rockwood Casualty Insurance State Auto Mutual Insurance Company TAPCO Underwriters Inc The Brethren Mutual Insurance Company The Motorists Insurance Group The Mutual Service Office Inc Travelers Tuscarora Wayne Group of Companies United Fire Group Zenith Insurance

Primary Agent December 2014

ASSOCIATION AT WORK

How to make IA&B membership work for you Year in review

For you, IA&B is your training, your advocate, your support, your agency and your connection.

On the following pages we recap what weâ&#x20AC;&#x2122;ve accomplished for you over the past year.

Read on and learn how to make IA&B membership mean even more to your agency.

My training You rely on us for quality, convenient training that meets your evolving needs. And over the past year we delivered.

To keep you on top of the latest trends while respecting your training budget and time, we delivered six free Power Hour webinars â&#x20AC;&#x201D; presented by industry experts and delivered over the lunch hour.

And we helped you sort through coverage changes. We doubled our special topic seminar offerings on evolving contractor exposures. And we updated our on-demand program and developed an in-person seminar to explain new flood insurance reforms.

You and your staff benefited from our award-winning training and trainers. Not only did our programs receive three national awards, but three of our instructors took top honors from The National Alliance.

Access our offerings at t IABforME.com/MyTraining.

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Primary Agent | December 2014

My advocate

My agency

You rely on us to be your voice with legislators, regulators and carriers. And once again, we represented you with dedication and perseverance.

You rely on us for customized insurance coverage and risk management, just as your customers rely on you.

We expanded our ability to protect your agency this year by adding data breach coverage to our existing E&O, umbrella and EPLI offerings.

Politically, we continued to advocate with state legislators on your top issues. And as a result, we secured agent representation on two critical task forces and passage of our priority certificates of insurance bill in Delaware.

And we continued to support your agency’s prospecting and cross selling through My Markets, our competitive market access program.

Nationally, we amplified your voice. Beyond our annual agent visits on Capitol Hill, we arranged a half dozen in-district meetings between you and your federal lawmakers.

Learn more at IABforME.com/MyAgency.

And we advocated on your behalf with carriers and regulators — analyzing six agency agreements, voicing your concerns about several policy form changes, helping you negotiate a number of insolvencies, and overseeing our annual Company Satisfaction Index.

My connection You count on us to be your connection — to industry news, analysis and relevant resources.

Our website provided continual updates throughout the year with daily Agent Headlines articles.

Learn more at IABforME.com/MyAdvocate.

My support You count on us to support your agency operations in myriad ways, and over the past year we succeeded.

And it housed monthly Primary Agent magazines that shared an in-depth look at issues affecting your agency and the industry at large.

We answered over 8,000 member inquiries. And we responded to your needs with 21 new member resources, including agency agreement analyses, legal briefs, compliance resources and consumer-education pieces.

Contact us at IAB@IABforME.com.

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Plus we met your desire to connect with us and your colleagues on the social web by fostering our social media presence.

Read the latest at IABforME.com/news.

ASSOCIATION AT WORK

My EMC focused on industry-wide trends, agencyâ&#x20AC;&#x2122;s individual needs IA&B holds sixth annual Executive Management Conference Our sixth annual Executive Management Conference brought together agency principals from throughout Delaware, Maryland and Pennsylvania for two days of premier training with nationally renowned instructors and ample networking with sponsoring companies and fellow agency owners.

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iana woman D ir a h C p u ice Gro mediate IA&B Serv nby recognizes Im a Hornung H an Greg Gunn. m Past Chair

Primary Agent | December 2014

O

ver 100 Mid-Atlantic independent agency principals gathered for our 2014 Executive Management Conference — dubbed My EMC — Oct. 28-29 in Gettysburg, Pa. The sixth annual event offered three management-level education tracks: agency management, cyber liability and perpetuation.

“We’re really proud of what this conference has become,” said Rick Russell, president and CEO of IA&B. “We took the trends that our member agency owners and principals said they wanted to learn more about and created an event that allowed them to customize their learning experience to meet specific needs and interests.”

Conference sponsors and exhibitors A special thanks to these sponsors whose generous support made the 2014 Executive Management Conference possible.

Nationally renowned industry experts, including Steve Anderson and Jerry Hargrove, presented on topics ranging from selecting and managing an agency management system, to perpetuation and merger/acquisition strategies, to selling cyber liability coverage.

Lead sponsors:

The conference also included a Fall Fun Fest, where attendees networked with sponsors and fellow agency principals while raising money for Make-A-Wish.

IA&B Service Group

Save the date – and location – for next year’s EMC: Oct. 27-28 at Bear Creek Mountain Resort & Conference Center outside of Allentown, Pa.

Donegal Harleysville Progressive Selective

Additional sponsors: Amerisafe Assurant Specialty Bailey Special Risks CapitalSource Small Business Lending Central PA Claims Association Conemaugh Valley Mutual Insurance Cumberland Insurance Group HM Workers Compensation Hospitality Insurance Group Liberty Mutual

Thomas McGraw talks the “people side” of internal perpetuation planning.

Jerry Hargrove explains why ISO CGL and CP forms aren’t enough to offer cyber liability protection.

MMG Insurance Mark 1 Restoration Mutual Benefit Group Penn National Prime Insurance

Lee Dotson spins the “Wheel of Misfortune” at IA&B’s exhibit booth.

Westfield Insurance Group

more photos on page 16

[ 15 ]

ASSOCIATION AT WORK

EMCâ&#x20AC;&#x2C6;2014

r Attendees unwind during the sponso y. sda welcome reception on Tue

IA&B Deputy CEO an Ernest speaks at th d Counsel Jason e producer agreemen opening session on ts.

n on leads a sessio Everett Shaw uisition trends. cq merger and a

My Events

with sponsors Attendees mingle owners after and fellow agency ng. ni the first day of trai

Date

IA&B raises mon ey the Fall Fun Fest for Make-A-Wish at on Tuesday even ing.

Topic

Location

DECEMBER 2014 2

CISR Personal Lines Miscellaneous

Mechanicsburg, PA

2-5

P&C Licensing Study Course

Pittsburgh, PA

3

William T. Hold: Dealing with Disasters

Lancaster, PA

3-6

CIC Commercial Casualty Institute

Philadelphia, PA

4

CISR Elements of Risk Management

Philadelphia, PA

11

CISR Personal Residential

Salisbury, MD

JANUARY 2015 27

CISR Commercial Casualty II

York, PA

27-29

P&C Licensing Study Course

Mechanicsburg, PA

FEBRUARY 2015 4

CISR Elements of Risk Management

Pittsburgh, PA

10

CISR Personal Auto

Wilkes-Barre, PA

10-12

L&H Licensing Study Course

Mechanicsburg, PA

11

CISR Personal Residential

Lehigh Valley, PA

17

William T. Hold: Policy Language Surprises

Newark, DE

18

William T. Hold: Policy Language Surprises

Hagerstown, MD

19

William T. Hold: Policy Language Surprises

Pittsburgh, PA

23-26

CIC Commercial Casualty Institute

Harrisburg, PA

24

E&O Risk Management

Philadelphia, PA

25

CISR Personal Lines Miscellaneous

Philadelphia, PA

25

Insuring Contractors

Wilkes-Barre, PA

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[ 17 ]

2014-2015 Board of Directors

Henry “Butch” Bradley Jr.

E. Stephen Burnett, CIC, ARM

Richard F. Carroon, CPCU

Bradley Atlantic LLC Forest Hill, Md.

Delaware Association of IA&B Vice Chairman Insurance & Financial Services Wilmington, Del.

Weymouth, Swayze & Carroon Insurance Wilmington, Del.

N. Lee Dotson, CIC, AAI

Michael P. Ertel Sr.

G. Greg Gunn, CIC

Bellevue Insurance Services Wilmington, Del.

IA&B of Maryland Chairman PIA National Director The Jacobs Company Columbia, Md.

IA&B Service Group Immediate Past Chairman Gunn-Mowery LLC Lemoyne, Pa.

John B. Hollister

Diana M. Hornung Hanby, ACSR

Jocelyn R. Howard-Sinopoli, CIC, CISR

IA&B of Pennsylvania Vice Chairman Rodgers-Olver-Polley Insurance Milford, Pa.

IA&B Service Group Chairwoman Thomas J. Hornung & Associates Wilmington, Del.

C.W. Howard Agency Inc. Butler, Pa.

Robert S. Klinger, LUTCF, CPIA

Douglas A. Loesel, CPCU

Michael F. McGroarty Sr.

IA&B Service Group Vice Chairman Klinger Insurance Group Germantown, Md.

Loesel-Schaaf Insurance Agency Inc. Erie, Pa.

McGroarty & Bradburn Insurance Inc. Pittsburgh, Pa.

[ 18 ]

Craig S. Mader

Ann Gallen Moll, CIC

Mark J. Monroe

IA&B of Maryland Vice Chairman Craig S. Mader Insurance Agency Inc. Crofton, Md.

IA&B of Pennsylvania Chairwoman Gallen Insurance Inc. Shillington, Pa.

Griffith Insurance, LLP West Chester, Pa.

Joseph R. Pastor, CPCU, AAI

Richard Rankin, CIC

April E. Ressler, CIC

Barrâ&#x20AC;&#x2122;s Insurance Oil City, Pa.

Murray Securus Lancaster, Pa.

Teeter Insurance Agency Inc. Altoona, Pa.

Scott C. Rogers, CPIA

Glenn R. Strachan

J. Marshall Wolff, CIC, CPCU

IIABA National Director The Glatfelter Agency York, Pa.

Strachan Insurance Agency Inc. Ft. Washington, Md.

Kressler Wolff & Miller Inc. Easton, Pa.

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM

Delaware Association of IA&B Chairman IIABA National Director S.T. Good Insurance New Castle, Del.

IA&B Financial Reports INSURANCE AGENTS & BROKERS COMBINING STATEMENT OF ACTIVITIES YEAR ENDED MARCH 31, 2014

IAB of PA Revenues: Membership Dues Professional Training Events & Member Products Royalties & Commissions Other Total Revenues

$

IAB of MD

478,698 1,464,818 123,965 747,377 46,072 2,860,930

$

DAIAB

93,716 369,481 45,421 107,913 3,206 619,737

$

26,625 56,265 77,850 36,861 3,480 201,081

Expenses: Membership Commission Professional Training Events & Member Products Publications Advocacy Corporate & Management Depreciation Taxes & Other Total Expenses

$

2,520,713

$

638,636

$

173,614

Net Operating Income (Loss)

$

340,217

$

(18,899) $

27,467

$

125,484

$

20,055

$

$

465,701

$

1,156

$ 28,688

Combined IAB-Associations

$ $ $ $ $ $

IAB Service Group

599,039 1,890,564 247,236 892,151 52,758 3,681,748

101,580

5,470

5,618

112,668

1,172,378 42,808

321,145 10,411

50,806 42,871

1,544,329 96,090

$

Change in Net Assets

Combined IAB

(4,045) $ $ (9,000) $ (1,459,714) $ $ (1,472,759) $

594,994 1,890,564 2,899,375 123,453 5,746,622

112,668 108,253 1,488,117

108,253 (56,212) (10,217) 70,905 26,107 1,177,840

56,486 245,124

8,926 65,393

$

91,519 1,488,357 3,332,963

$

3,055,669 184,097 11,357 3,430,281

$

348,785

$

107,352

Pension related change Investment gain from mutual funds

2,007,224 1,530,409 3,537,633

Intercompany Eliminations

$ (1,472,759) $

$

-

$

456,137

$

66,006

66,006

146,760

$

7,575

154,335

495,545

$

180,933

1,221

$

70,905 89,923 3,139,292 184,097 11,357 5,290,485

(1,596) (1,404,734)

$

-

$

676,478

INSURANCE AGENTS & BROKERS COMBINING STATEMENT OF FINANCIAL POSITION March 31, 2014

ASSETS IAB of PA Cash & Cash Equivalents Premium Fiduciary Cash Accounts Receivable Mutual Fund Investments Prepaid Taxes Prepaid Expenses Total Current Assets

$

2,097,639

$

79,472 1,976,535 93,369 4,247,015

Property and Equipment, net

307,347

DAIAB $

9,653 258,934 6,305 582,239

-

Cash whose use is limited, board and donor Inter-Corporate Loan Investment in Big I Reinsurance Co. Investment in IAB Service Group Other Assets Total Other assets

Total Assets

IAB of MD

420,055 120,603 90,000 486,082

238,044

Combined IAB-Associations $

4,542 155,268 4,923 402,777

2,643,030

IAB Service Group $

93,667 2,390,737 104,597 5,232,031 -

411,904 343,919 250,414 60,208 19,053 74,477 1,159,975

-

-

27,056

12,757

459,868

102,013

30,000 12,005

120,000 600,100 1,300,571

1,448,319 1,448,319

6,532,602

$ 4,116,227

Intercompany Eliminations $

-

Combined IAB $

(249,686) (249,686)

1,507,933

-

3,054,934 343,919 94,395 2,450,945 19,053 179,074 6,142,320 1,507,933 459,868

(120,603)

1,116,740

129,069

54,762

$ 5,363,755

$ 711,308

$ 457,539

$

(600,100) (720,703)

$

120,000 1,448,319 2,028,187

(970,389) $ 9,678,440

LIABILITIES AND NET ASSETS

Total Current Liabilities Long-term liabilities, retirement obligations Total Long Term Liabilities Net assets, unrestricted: Designated funds Undesignated

Total Net Unrestricted Assets Accumulated other comprehensive loss, defined benefit pension plan, net of deferred tax Total Liabilities and Net assets $

IAB of PA 1,461,472

IAB of MD 250,120

-

DAIAB 90,633

-

Combined IAB-Associations 1,802,225

IAB Service Group 581,113

Intercompany Eliminations (279,383)

Combined IAB 2,103,955

1,147,591 1,147,591

(90,906) (90,906)

1,056,685 1,056,685

-

-

420,106 3,482,177

27,156 434,032

12,766 354,140

460,028 4,270,349

2,802,479

(600,100)

460,028 6,472,728

3,902,283

461,188

366,906

4,730,377

2,802,479

(600,100)

6,932,756

5,363,755

$

711,308

$

457,539

$

6,532,602

$

(414,956) 4,116,227 $

[ 20 ]

(970,389) $

(414,956) 9,678,440

IA&B maintains a strong balance sheet with $9.6 million in assets, close to $7 million in member equity and no long-term debt, with $456,000 net operating income for the year.

IA&B supports the activities that our members value – effective advocacy, timely compliance resources and quality education.

We’re 1,400 members strong across three states.

Approximately 6,000 participants attend over 175 IA&B classes annually.

And members buy more than 1,900 policies for their agency insurance coverage through us.

This allegiance to IA&B, combined with our carrier partnerships, supports the financial strength of the organization.

The accountants’ review for the fiscal year, which ended March 31, is on file at IA&B headquarters. These statements are a summary of that report.

FOCUSED ON PENNSYLVANIA As a new carrier in Pennsylvania, MAPFRE Insurance is committed to providing our agents with a competitive advantage in the marketplace.

We have a broad personal lines product portfolio and unique coverages not traditionally available on personal lines policies.

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MAPFRE InsuranceSM is a brand and service mark of MAPFRE U.S.A. Corp and its affiliate: MAPFRE Insurance CompanySM (California COA No. 18643; Florham Park, NJ); Not all companies are licensed to do business in all states. Not all products are available in all states.

Primary Agent | December 2014

Technology U P DAT E

CONNECTING AGENTS WITH DOWNLOAD Identifying new download opportunities for agencies PAUL WARGA Paul Warga is the vice president of product management for IVANS Insurance Solutions, a division of Applied Systems. Paul has a wide variety of leadership experience on implementing solutions for business and technical issues across software and web-based products, using effective development methodologies.

This article reflects the views of the author and should not be construed as an official statement by ACT.

Since the introduction of ACORD-based interface, the industry has struggled to identify the overall penetration of download into the independent agency channel, as well as help agents identify the available, but unrealized carrier interfaces. In early 2013 IVANS began a project to measure the industry utilization of download and to provide insight into areas of opportunity. The first results confirmed that ACORD and IVANS have been very successful in their efforts over the past 30 years. Today, over 250 carriers send

over 120 million ACORD download messages to 25,000 independent agencies every year. That is amazing success for the entire industry.

Based on that insight, IVANS then turned the question around and used data analytics to identify download opportunities available from carriers that were not being used by their independent agencies. The results were staggering! For all of the success in interface that IVANS initially found, IVANS also discovered over 40 percent of all potential downloads [ 22 ]

from carriers to their agencies were not set up for delivery. That is a lot of efficiency to be gained by agencies, and thus the IVANS Connections project was born.

Examining agency connections In late 2013, IVANS began a test project with Westfield Insurance Company to roll out Activity Notes download transactions and, at the same time, provide Westfieldâ&#x20AC;&#x2122;s independent agencies with a Connection Report (example attached). The

Primary Agent | December 2014

Connections Report for Westfield was a personalized company report used with agencies to identify any download connections from any of the agencies’ carriers that were inactive or not “turned on” with the carrier. IVANS also began to work with agency solution providers such as NASA, Applied Systems, Vertafore and SIS, as well as the major software user groups, to provide additional agencies personalized connections reports.

Dispelling misconceptions The IVANS Connections Report has determined that more than 40 percent of the total available download connections from carriers are inactive, largely because many agencies have a misconception about the availability of download connections from their carriers.

“When we received our connections grid, it was an eye opener,” said Casey Hearring, system administrator, Schultheis Agency. “I thought we were downloading everything we possibly could. The IVANS Connections Report showed lines of business that we weren’t downloading and alerted us to new downloads offered by carriers.”

IVANS Connections Report is an agency’s first step toward fully automating information exchange with carriers. By activating all lines of business available from carriers, an agency strengthens its carrier relationships and maximizes agency efficiency by reducing time spent on administrative tasks.

“This is such a great tool,” said Christine Horne, system support manager, Bankers Insurance.

“Seeing a real, tangible analysis of the download connections available

Sample agency-carrier download availability report grid to our agency has given us greater insight into our interface setups: where we are, where we want to go and what we need to do, strategically, to get there. This is a key part of leveraging interface to create greater value and efficiencies for our agency.”

Maximizing agency efficiency According to the ACT/AUGIE 2013 Real-Time/Download Survey, personal lines download saves almost an hour and a half per employee per day; commercial lines download saves nearly one hour per employee per day. However, there are more benefits to fully automated download than just time savings.

“Our report told me there were lines of business available from carriers that we weren’t leveraging,” said Debbie Miner, technical services manager and bond specialist, Henriott

[ 23 ]

Group. “I was surprised to find out that we were missing commission download from a carrier whose statement has traditionally been difficult for us to manually enter into our system. One of the first things we did after learning this was to sign up for their commission download.”

Agencies can begin to see the immediate benefits of turning on all available download connections by requesting a personalized IVANS Connections Report and activating on all available downloads. To request your personalized connections report, contact IVANS via email at connections@ivansinsurance.com, or register on the web at http://insight. appliedsystems.com/ IVANS-Connections_Register.html.

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SALES AGENT/PRODUCER Community Insurance, a thriving independent insurance agency in Lancaster, Pa. is seeking a motivated sales agent. Ideal for a newly licensed agent looking to take that next step or a seasoned producer seeking the most competitive markets in the industry.

Bring your P&C and/or Life & Health talents to a proven industry leader.

Forward resume and cover letter to: Tom@CommunitySure.com If you would like to place a Classified Advertisement, simply fax your ad on company letterhead to 717-795-8347, and we will take care of the rest.

Ad Index Atlantic Specialty Lines Inc . . . . . . . . 7 Coastal Agents Alliance . . . . . . . . . . . 9 EMC Insurance Companies . . . . . . . 17 Guard Insurance Group . . . . . . . . . . . 9 Heinrich TOWERSTONE . . . . . . . . . . 24 IA&B Partners Program . . . . . . . . . . 11 Interstate Insurance Mngmnt. . . . OBC MAPFRE Insurance . . . . . . . . . . . . . . 21 Millers Mutual Group . . . . . . . . . . . IFC Mutual Benefit Group . . . . . . . . . . . . 9 Preferred Property Program . . . . . . 17

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The “C’mon, get appy” column aims to uncover apps that can benefit you at the office and, in some cases, at home as well.

Submit suggestions to IAB@IABforME.com, subject line: Primary Agent submission.

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