SEPTEMBER 2021
IA&B MEMBER
LEE DOTSON TALKS POLITICS
ALSO INSIDE EXCLUSIVE MEMBER MAGAZINE
STATE LEGISLATIVE INSIGHTS AGENTPAC CONTRIBUTORS AGENCY PERPETUATION
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SEPTEMBER
2021
CONTENTS FEATURED 8
Q&A WITH LEE DOTSON Delaware Association of IA&B Government Relations Committee Chairman Lee Dotson talks mentorship, political advocacy, and lacrosse.
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JOIN US ON SOCIAL MEDIA: Facebook.com/IABforME LinkedIn.com/company/IA_and_B Twitter.com/IA_and_B YouTube.com IA&B is the premier resource and champion for independent insurance agents in Pennsylvania, Maryland, and Delaware. 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 # 2021-09, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B. Copyright 2021. 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.
STATE LEGISLATIVE INSIGHTS Read about new and pending legislation that could impact you and your insureds, plus how IA&B’s government affairs team represents your interests in the state Capitol. AGENCY PERPETUATION In a follow-up to last month’s article, agency perpetuation consultant Brian Burke shares long-term priorities for a successful agency transition.
MONTHLY 2
CHAIR OF THE BOARD’S MESSAGE
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CLAIRE-IFICATION
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COVERAGE CORNER
6
NEWS & NOTES
10
PICS & POSTS
20
WELCOME NEW MEMBERS
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UPCOMING LIVE WEBINARS
IABforME.com |
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CHAIR OF THE BOARD’S MESSAGE
DOING OUR PART Autumn is a time of change at IA&B, as new volunteer leaders join the Board of Directors. I’m proud to report that this year’s class is another stellar one with representation from a variety of agencies throughout Pennsylvania, Maryland, and Delaware. To our new directors – Kent Reynolds, Donna Roper, Candi Shoupe, Mike Thomas, and Sheila Wells – welcome and thank you for supporting the organization and independent agents throughout the region. And to our outgoing chairman, Craig Mader, and directors – Steve Burnett, Lee Dotson, Greg Gunn, and Bryan Hanes – thank you for your time and leadership. This issue of Primary Agent magazine is dedicated to IA&B’s government affairs work – work that is made possible thanks to the support of member agents. To learn more, read the interview with IA&B Member Lee Dotson on page 8 and the article with state legislative insights on page 12. Then I encourage you to get involved, whether in your state IA&B government relations committee or through an AgentPAC contribution. (See a list of last year’s contributors on page 18.) IA&B’s work – advocacy and otherwise – benefits all of us and our livelihood. Yet its success hinges on member involvement. I offer a hearty thank-you to all of those who volunteer with IA&B. And for those who haven’t yet, consider getting involved. I guarantee that you’ll reap even more than you sow. Best,
Richard M. Rankin Chair of the Board
INSURANCE AGENTS & BROKERS 5050 Ritter Road | Mechanicsburg, PA 17055 191 Main Street | Annapolis, MD 21401 800-998-9644 | IABforME.com
IA&B BOARD OF DIRECTORS OFFICERS Richard M. Rankin, CIC, Chair Lancaster, PA D. Bradley Rosenkilde Jr., Vice Chair Hunt Valley, MD
MEMBERS Gregory H. Bennett
Bel Air, MD
Sarah M. Brown, CIC, CRM, AFIS Shrewsbury, PA Andrew Enders, Esq.
Harrisburg, PA
Len Gieseler, LUTCF
Pottstown, PA
Jason R. Hess
Coraopolis, PA
Lisa A. Leach Goth, CIC
New Bethlehem, PA
Christopher J. Miller, CIC
Jonestown, PA
Michael A. Papa, CIC, MBA Hunt Valley, MD William H. Purdy
Sunbury, PA
Kent Reynolds, CIC
Hagerstown, MD
Jason Rodriguez
Wilmington, DE
Donna Roper
York, PA
Candace Shoupe, AAI, AIC
New Castle, DE
Tara S. Silfies, CPCU
Bethlehem, PA
Robert L. Smyrl Jr., CIC
Hatfield, PA
Michael Thomas
Gambrills, MD
Sheila Wells, CIC, CISR
Rehoboth Beach, DE
J. Marshall Wolff, CIC, CPCU Easton, PA
NATIONAL DIRECTORS Michael P. Ertel Sr. (PIA) Columbia, MD G. Greg Gunn, CIC (IIABA) Lemoyne, PA Diane Hornung Hanby (IIABA) Wilmington, DE 2
SEPTEMBER 2021
CLAIRE-IFICATION
CLAIRE-IFICATION IA&B Vice President - Advocacy Claire Pantaloni, CIC, CISR Are you a member with a question? Contact Claire to find the answer at 800-998-9644, ext. 604 or ClaireP@IABforME.com.
QUESTION: Can we advertise our agency using customers’ online reviews? What if we send a gift card to those who provide online reviews?
ANSWER: This question may be best answered by “proceed with caution.” There is nothing fundamentally wrong with touting customer satisfaction that has been properly measured. When the reviews have been obtained with the use of incentives, however, the impartiality of the answer can be called into question. Therefore, publication of the results would require some disclosure of the incentive or “material connection” between the person providing the review and your agency. When it comes down to it, it stands to reason that someone expecting a gift card is more likely to feel compelled to give you positive feedback. Case in point, in April 2015 the Federal Trade Commission (FTC) issued a decision that has a direct bearing on the use of “incentivized reviews.” The case alleged that Amerifreight, Inc. represented to consumers that their products were highly rated or top ranked based on its customers’ unbiased reviews, while the company failed to disclose that it paid consumers to post reviews. The FTC’s decision and order barred Amerifreight from “deceptively touting online consumer reviews and failing to disclose incentives it provided to reviewers.”
IABforME.com |
Bottom line, if you intend to use your customers’ online reviews to make certain advertising claims, it is better to use reviews that are provided without incentive. In addition, any “material connection” between the agency and the reviewer that could influence the review must be clearly and prominently disclosed. A material connection is something that affects the weight or credibility of the endorsement and that would not be reasonably expected by consumers, such as a free gift or other advantage, or the fact that the reviewer is employed with the agency. This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.
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BIG STORM = BIG MESS = BIG BUCKS FOR COMMERCIAL PROPERTY INSUREDS By Kevin C. Amrhein, CIC It’s September, and Americans are gearing up for the usual traditions: enjoying/recovering from football games, Labor Day vacays, and stressful evenings with Jim Cantore (if you don’t know this name then 1) you’re lucky, and 2) you should Google him because he haunts my dreams and it’s only fair that you experience the same).
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Hurricane Season traditionally peaks in September, and I’m hopeful that your experience so far has been tame. But anyone who knows me knows I never miss an opportunity to tell anyone of two essentials: 1) some of the most powerful storms in American history have hit in September or later, and 2) your commercial property insureds absolutely do not understand Debris Removal insurance. SEPTEMBER 2021
It’s likely I’ve written about this one coverage issue more often than any other. After seeing so many insureds and their agents have horrible claims experiences with it, I swore long ago to pound the Debris Removal drum as often as possible. I’m hopeful the info that follows will help you keep your commercial property insureds out of trouble if/when the next big one comes-a-blowin.
COVERAGE CORNER THE ISO BUILDING AND PERSONAL PROPERTY COVERAGE FORM (CP 00 10) This form addresses coverage for the expense to remove debris from the premises under Additional Coverage A. – Debris Removal. It describes the limits available, triggers, and potential shortcomings. Here’s a rundown: ▲ Debris must be created by a Covered Cause Of Loss. For example, if the policy is written x-wind, the problem here is selfexplanatory. ▲ For its removal to be covered, the debris must be stuff that’s described in the policy as Covered Property. For example, the cost to remove debris of anything listed as Property Not Covered, such as trees/shrubs/plants, may be severely limited or excluded. ▲ I’d be remiss if I didn’t mention the general insurance challenges faced by many commercial tenants. For example, inadequacy of the coverage secured by the landlord or cumbersome insurance requirements imposed by a lease. Count Debris Removal expense among the many reasons why your tenant insureds must have a clear understanding of their insurance requirements and needs.
(based on $400k loss less a $40k deductible). Under this coverage, the policy will pay up to $100k toward the expense to remove debris ($360k + $40k = $400k x .25). If this amount is not sufficient, the policy offers up to an additional $25k to cover the expense. The good news: the aforementioned additional $25k is not subject to the limit of insurance. The bad news: the 25% factor is subject to the limit. Thus, in the example above, if the loss wipes out the full limit of insurance applicable to the damaged property, the insured receives no more than $25k to cover the expense.
TAKEAWAYS FOR THE AGENT ▲ Not all commercial property forms use the same language as the ISO form. Some may do better while others may do far worse.
HOW A LIMIT IS APPLIED TO A LOSS
▲ The expense to remove debris is virtually impossible to predict. Factors that may have a significant effect on coverage include the cost of removal services (what is their current demand?), the nature of property located on the premises, what portions of the damaged property may be considered salvageable, etc. Agents should candidly express this concern to the property insurer and request guidance.
First, the adjuster must calculate the paid loss amount for the direct damage. Assuming all conditions are met, the policy allocates up to 25% of this amount plus the deductible to cover the expense of debris removal. For example, say the total damage is calculated to be $400k. The adjuster indicates a paid loss amount of $360k
▲ An increase to the additional coverage amount offered in the unendorsed policy (in the ISO form, this is $25k) may be readily available from the insurer. This could prove a blessing for agents who talk with their insured about debris removal and a curse for those who don’t! IABforME.com |
That’s all for now. Until the next round … cheers! Kevin C Amrhein, CIC, is IA&B's education consultant. He works with our CISR and CIC programs, as well as our special topic seminars and live webinars. Catch him at one of our upcoming professional training offerings: IABforME.com
COVERAGE COURSES
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Learn more about commercial property coverage and earn CE with these upcoming live webinars. Member price: only $75. COMMERCIAL PROPERTY – DIRECT VS. INDIRECT DAMAGE SEPTEMBER 7 1 - 4 PM
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Register today. IABforME.com 800-998-9644, option 1
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NEWS & NOTES
IN-PERSON CLASSES RETURN 2021 YOUNG AGENT AWARD Who will receive the 2021 IA&B Young Agent Award? Watch your email inbox and our social media channels on Friday, Oct. 1 when we announce the winners – one each from Pennsylvania, Maryland, and Delaware. Plus, be on the lookout for the October Primary Agent magazine, which will include interviews with the recipients. IABforME.com/agent-award
2021 IA&B SCHOLARSHIPS Watch your email inbox and our social media channels on Friday, Sept. 17 when we announce the 2021 recipients of IA&B education scholarships. Once again, IA&B will award two individual scholarships for employees of a member agency to receive a full CIC Designation and full CISR Designation. In addition, we will announce which member agencies receive scholarships to send an employee to a CIC Institute, CISR Seminar, or CE Other Coverage Webinar. Note that IA&B also offers licensing exam prep scholarships on an ongoing basis. Learn more at IABforME. com/IAB-education-scholarships. Questions? Contact: Susan Zvorsky, CISR Elite IA&B Events Manager 800-998-9644, ext. 206 SueZ@IABforME.com 6
IA&B will reintroduce in-person classes beginning this month. While a majority of our courses will remain online, you’ll begin to see in-person options included in our training schedule. Monitor IABforME.com for the latest.
NEW IA&B WEBSITE A revamped IABforME.com is now available. Be sure to check out the new Member Resources section. Please note that the first time you log into the member portal on the new website, you will need to reset your password. Your username/ID remains the same. Questions? Contact IA&B at 800-9989644, option 0 or IAB@IABforME.com.
UPDATE ON FUTURES CONFERENCE Unfortunately, IA&B will not hold an in-person Futures Conference in 2021 due to uncertainty with venue contracts and agents’ willingness to travel. We plan to offer virtual training for young agents in the weeks ahead and return to an in-person Futures Conference in 2022.
SEPTEMBER 2021
SHARE YOUR MILESTONE ANNIVERSARIES Many independent agencies have a rich history in their communities. IA&B wants to recognize your agency’s contributions. Is your agency celebrating a milestone anniversary? Whether it’s five years or 125 years in business, we want to acknowledge your accomplishment. Submit a (historical or present-day) photo of your staff or building for inclusion in Primary Agent magazine. Email announcements and images to IA&B Public Relations Director Karen Robison at KarenR@IABforME.com.
NEW REQUIREMENT FOR PA SAFETY COMMITTEES Pennsylvania employers who have a certified safety committee as part of their workers’ compensation program soon will need to include information on substance abuse risks. The Pennsylvania legislature, before adjourning for the summer, passed Senate Bill 147, which amends the Workers Compensation Act to require that employers who wish to have a workplace safety committee certified by the Department of Labor and Industry (L&I) include information regarding the risks associated with substance abuse, including opioid painkiller use. Committee certification entitles employers to a 5% workers’ compensation premium reduction. The legislation, which was signed into law by Gov. Tom Wolf on June 30, also requires L&I to notify, develop,
and make available resources for employers to comply with the new requirement. The law takes effect on Oct. 28, 2021.
UPDATED NFIP RATING SYSTEM Barring federal legislation to prevent it, FEMA will start transitioning from its legacy rating system to the new Risk Rating 2.0 (RR2.0) for National Flood Insurance Program (NFIP) policies net month. Oct. 1, 2021: All new policies will be rated in the new system, as well as all existing policies for which the new system provides a more favorable rate. April 1, 2022: All remaining, existing customers will know their RR2.0 Full Risk Rate, and gradual increases will be applied within set annual limits until they reach their full rate. The new rating system incorporates more variables, but also leverages new technology (including geolocation) to facilitate quicker and more accurate pricing.
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For agents, a rating engine will enable you to get a quote in minutes instead of days (or weeks). Elevation Certificates (EC) will be optional under the RR2.0: Equity in Action methodology. FEMA will determine first-floor height based on geolocation and other information provided on the RR2.0 application. However, a property owner may choose to purchase an EC, which provides more refined elevation information about their building, and submit it to their agent to determine if it will affect their rate. Specific guidance is provided in the RR2.0 Flood Insurance Manual.
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Q&A with
LEE DOTSON N. Lee Dotson, CIC, AAI is owner of Bellevue Insurance Services, a full-service independent insurance agency in Wilmington, DE. Lee has served on the IA&B Board of Directors and chaired the Delaware Association of IA&B Government Relations Committee for many years. Q. How did you get your start in the industry and make your way to owning an independent agency?
a good reminder about the importance of hard work, and what we’re doing, and how we’re doing it.
A. When I was in high school, I wanted to be an airline pilot. I wanted to fly Eastern Airlines – I’m dating myself! Those guys made like 100 grand a year, so I said, ‘That’s what I want to do, I want to fly jets.’ My dad talked me out of it, but then I met an insurance agent and he told me what he does – took six months of vacation, played golf three days a week, had a beach house. So I said, ‘That’s what I want to do.’
Q. There’s a big emphasis on mentorship these days. What role has mentoring played in your career?
So I started working for him, doing filing and taking pictures of homes three days a week. I was 17 at the time. When I turned 18, I got my license and started doing highrisk auto insurance. I was doing 120 policies a month, I was a machine. Then about a year or so after that, I met an independent agent and went to work for him, and I was just doing business insurance, cold calling businesses all day. That was how I got started. Then in 2005 I started my own agency, and I’ve been going strong ever since. In 2010 I bought my building, and everything has been going well since then. Q. Bellevue Insurance Services was named a Big “I” Three generations... Best Practices Agency for several years. Tell us about that experience. A. So when I did that [in 2016], I had to analyze my revenue and expenses, and for me that was eye-opening. I’m not a financial guy. I don’t do spreadsheets. But when I did it and had to put pen to paper, I thought, ‘Wow, this is a pretty good process.’ Once we were recognized by a disinterested third party – Reagan Consulting – it was just awesome. For us, that was 8
A. I had three mentors. My first I told you about, he took sixmonth vacations, played golf. From him, I learned what not to do in business! I quickly learned you don’t get to do that. My second mentor taught me a lot about the business – how to grind it out, how to ask for the sales, how to get up at 7 in the morning and start cold-calling. I was 19 or 20 years old, cold-calling contractors at 6 in the morning and going to Chamber mixers at 9 at night. Those were my days. My third mentor taught me how to deal with employees, deal with customers, and handle money. I learned about investments and the value of time – the things I base my business on today. You have to have mentors to be successful in this business. Q. You’re very involved with IA&B’s government affairs work. What sparked your interest? A. I was involved with NAIFA first, and those guys showed me the ways of the political system, locally and nationally. We’d go down to Dover, have a luncheon with those guys. We’d go down to D.C. and meet with Carper and Biden. They showed me how it all works, how it’s all intertwined. I met politicians, I went to fundraisers, delivered checks, testified on bills. And that was on the life and health side of everything. I had mentors there who showed me what to say and how to say it. I got involved with the PAC fundraising, and I just thought it was fun and exciting – you start seeing the changes you make when you get involved.
SEPTEMBER 2021
ON THE COVER As far as IA&B, I gave money to AgentPAC. Then the next thing I knew, I got a letter, a thank-you, and I thought that was pretty cool. I was just doing my part.
works and how it could affect their jobs. You have to protect your income and your career, and that’s both state and nationally.
Q. What has been most eye-opening about the legislative process?
Q. Thank you for your generous support of IA&B’s political action committee, AgentPAC. What drives your commitment?
A. That’s a very good question. The most eye-opening thing is that it’s so easy for a non-insurance person to adversely affect our industry and to do it quickly. I had to testify on the credit-scoring bill. The Insurance Department testified that they wanted to get rid of it, and I was sitting next to them testifying that we should keep it, giving them all the reasons. I met with a legislator ahead of time about the bill that was going to be introduced. I told him, ‘Credit scoring is a good thing. You’re going to penalize your constituents who have good credit.’ He said, ‘What do you mean because right now I don’t like this credit-scoring bill.’ I said, ‘If you have people who have good credit, their insurance has been reduced drastically. If you change this, you’re going to penalize the people who are doing the right thing and paying their bills.’ He asked if I had data to prove it, and I did. He ended up voting for keeping credit scoring as a result of our meeting.* To me that’s the most eye-opening thing – meeting with legislators and educating them. Because they have no idea what could happen. Here’s a guy who’s going to vote on something that’s going to impact the majority of his constituents in a negative way, and he doesn’t even know he’s doing it.
A. I tell people that every day I protect my clients’ assets. AgentPAC is the only type of insurance we can purchase to protect our careers. It’s career insurance. There’s no underwriting, and we can decide how much the premium costs. There’s not a policy out there we can do that with. If they [AgentPAC] don’t have money, they can’t do their job of political advocacy. People should get involved in the political process, if not by time then by money. Q. We understand your sons are pretty serious lacrosse players. Tell us about it! A. My boys are 17 and 15, a junior and a freshman. They’ve been playing since first grade, and they made the varsity lacrosse team this year at Salesianum High School. We won the state championship this year, so order has been restored in the Delaware lacrosse community. At one point, our high school team was ranked 25th in the nation. I love it. I’m a lacrosse dad. I wear a bucket hat. I get these crazy lacrosse shorts I wear to the games, and it’s the only place I can go that people say, ‘Hey, cool outfit!’
Q. What would you tell other agents who are on the fence about getting involved in IA&B’s advocacy efforts? A. I’m glad you asked that question. I sum it up, ‘If you like making money, you need to get involved to protect your career.’ That’s how simple this is. I get that people don’t want to get involved to my degree, and I can respect that. Then write a check out and send in money. This is career insurance, these PACs. Politicians are always coming at us. They don’t really understand how the business works. It’s investing to protect your career. And it’s not only principals, it’s also employees of a firm. A lot of people make money in insurance, but they have no clue how the political process
Lee’s sons, A.J. and Elliot, after winning the 2021 Delaware State Championship for boys’ lacrosse.
Legislation introduced in 2017 would have eliminated nearly every rating factor used in auto insurance, including credit. After vigorous opposition by insurance industry stakeholders – including IA&B – the bill was substituted with compromise language that more clearly defines how insurers may use credit information.
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PICS & POSTS
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SEPTEMBER 2021
Thank You A sincere thank you to our Platinum & Gold Partners. PLATINUM PARTNERS
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Interested in becoming a partner? Reach out today. Tim Wonder, IA&B VP-Membership 800-998-9644, ext. 351 | TimW@IABforME.com
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State Legislative Insights By Lauren Brinjac, IA&B Government Affairs Director
On the following pages, read about new and pending legislation that could impact you and your insureds. You’ll also learn how the IA&B government affairs team is working on your behalf, representing you in the state capitals. IA&B has a government affairs team that lobbies in each
three state capitals to advocate on the issues important to
of our three states, maintaining a consistent presence
independent agents and brokers.
in Harrisburg, Annapolis, and Dover. The team meets regularly with state legislators and state regulators in all
This year, however, with all three state legislatures in session at the same time for the first time since the March 2020 COVID-19 related shutdowns began, has been a year
GET INVOLVED WITH IA&B’S ADVOCACY EFFORTS
like no other. Just as the pandemic has affected almost
There has never been a better time to get involved in the political process on behalf of your industry. Although you have a team at IA&B continually advocating on your behalf, we still need your voice. If you would like to join your fellow IA&B members involved in the political process, we’d like to hear from you.
legislative activity has taken place virtually, and the capitol
For more information about any of the legislative issues mentioned here or to get involved, contact Lauren Brinjac, government affairs director, at 800‑998-9644, ext. 607 or LaurenB@IABforME.com.
every aspect of our lives, so, too, has it affected both the physical operation of the state legislatures as well as their legislative agendas. Although each state legislature has handled things differently, much – and in some cases, all – buildings in each state were closed to the public, including lobbyists, for months. Your IA&B government affairs team remained fully engaged with state lawmakers and regulators regardless, and although COVID-related issues were certainly a chief concern to legislators this year, there were numerous insurance issues addressed in each state. The following is a summary of some of the legislative initiatives of interest to IA&B members which were considered by lawmakers this year:
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SEPTEMBER 2021
PA LEGISLATIVE INSIGHTS ANTI-INDEMNIFICATION
PENNSYLVANIA
While the state legislatures in Maryland and Delaware halted their activity abruptly in the spring of 2020, the Pennsylvania legislature continued to meet intermittently. The 2021-2022 session of the Pennsylvania General Assembly convened on Jan. 5, 2021. On June 25, both the state House and Senate adjourned for the summer after passing the state budget package, and as of this writing, will return to session in September.
OVERTIME RULE Pennsylvania General Assembly leaders and Gov. Tom Wolf came to an agreement, as part of the state budget package, to repeal the state’s new overtime regulation which IA&B member agencies would have needed to implement starting this fall. IA&B, along with a coalition of business groups across the state, provided verbal and written comments on the state’s revised overtime regulation to both lawmakers and regulators throughout the regulatory process. We expressed concerns with the lack of uniformity with the federal overtime rule – driven by the Fair Labor Standards Act (FLSA) – forcing agencies to comply with different sets of complex rules.
AUTO
House Bill 424, a bi-partisan bill sponsored by Reps. Mike Driscoll (D-Philadelphia) and Todd Stephens (R-Montgomery), deals with indemnification provisions in construction contracts. Currently, 45 states have enacted some form of anti-indemnity statute limiting the enforceability of various forms of indemnity clauses in construction contracts; however, Pennsylvania has not. This means that subcontractors often must unfairly accept the liability for an owner’s or general contractor’s negligence in order to enter into a construction contract. HB 424 would change this by prohibiting broad and intermediate forms of indemnification. This legislation, supported by IA&B, was voted favorably out of the House Commerce Committee in June, and we continue to lobby to have the full House pass this bill in the fall. HB 765, sponsored by Rep. Brett Miller (R-Lancaster), addresses a situation involving PennDOT and community events. PennDOT recently began requiring localities (in addition to event sponsors) to indemnify the state for parades and events on state roads, thus giving PennDOT duplicative liability coverage and creating an issue for municipalities. Although that has been required via regulation for years, PennDOT did not begin enforcing it until last fall. To address this, HB 765 removes the liability insurance requirement for the municipalities. This bill was passed by the House and Senate, and signed into law in June. It took effect immediately.
WORKERS’ COMPENSATION
IA&B, in June, participated in a public hearing of the Senate Banking & Insurance Committee in support of Senate Bill 676, sponsored by Senator Joe Pittman (R-Indiana), which would eliminate stacking and remove the restriction on UM/UIM limits. IA&B testified before committee members in support of the legislation, explaining that it would simplify auto insurance for both consumers and agents. During our testimony, we made sure also to address our long-time legislative priority, raising the current minimum limits, which are the second lowest liability limits (15/30/5) in the country and haven’t been touched in over 40 years. It is our goal to have legislators to address both stacking and increased limits in the same piece of legislation. IABforME.com |
SB 147, sponsored by Sen. Wayne Langerholic (R-Cambria), amends the Workers Compensation Act to require that employers who have a certified safety committee as part of their workers’ compensation program include “information regarding the risks associated with substance abuse, including opioid painkiller use.” It leaves the specific certification criteria up to the Department of Labor & Industry to develop and to make resources available for employers to use within 21 days of the bill being signed into law. SB 147 was passed by the Senate and House and signed into law on June 30. It takes effect Oct. 28, 2021. 13
MD LEGISLATIVE INSIGHTS
MARYLAND Contributions by Bryson Popham, IA&B of Maryland Lobbyist
The Maryland General Assembly adjourned its 90-day annual legislative session this year on April 12. They will convene again in Annapolis on Jan. 12, 2022.
to an automobile insurance policy. An example of one such factor could be a credit score that has worsened due to outstanding medical bills or loss of employment. The industry accepted these amendments and the bill was passed by the House of Delegates. It did not survive, however, in the Senate, and it is noteworthy that the consumer advocates who vehemently opposed the use of credit also opposed the amended form of HB 221. We are certain to deal with this issue again.
SB 962 REAL PROPERTY – SATISFACTION OF A MORTGAGE – REQUIRED HOMEOWNER’S INSURANCE (CASSIDY’S LAW)
HB 221 – MOTOR VEHICLE INSURANCE - USE OF CREDIT HISTORY IN RATING POLICIES The most prominent property and casualty issue of 2021 was the effort to ban the use of credit in automobile insurance rating. This found its way into several different bills, one of which was HB 221. IA&B supported the statutory restrictions that were first placed on the use of credit in 2002. We have consistently advised the legislature that the Maryland law has greater consumer protections regarding the use of credit than are found in the great majority of other states. We have consistently opposed efforts to further restrict or ban the use of credit.
This bill resulted from a tragic event: a young woman was savagely attacked by a neighbor’s dog when walking outside of her house. She had no health insurance, and because the neighbor had no mortgage on the house, there was no property or liability insurance in place. We were approached by bill sponsor Sen. Michael Jackson, who introduced the bill simply to raise awareness of this situation. While the bill did not pass, we have offered to work with Sen. Jackson should he address this issue again in a future legislative session.
Why? The reason is simple: in 2002 we knew that eliminating credit would only result in higher automobile insurance rates for two-thirds of the private passenger auto insurance market. The math in 2021 is even more compelling, as proven by both regulatory and industry studies. Today, the use of credit results in lower rates for over three-quarters of private passenger auto insureds. For these reasons we strongly opposed HB 221 as introduced. Times are different in other important ways as well. Today, a strong movement toward social justice goals, evidenced by police reform legislation in Maryland and elsewhere, also found its way into automobile insurance. Opponents of credit scoring characterized it as a proxy for racial discrimination. This was a powerful argument – one that IA&B had to address head on with the Chairman of the House Economic Matters Committee during the bill hearing. Although credit scoring bans have consistently been defeated in the Maryland legislature, this year was different. As a price for retaining the use of credit, HB 221 was amended to require insurers, under certain circumstances, to consider “extraordinary life circumstances” in applying credit-based rating factors 14
SEPTEMBER 2021
IA&B Members: Shopping E&O? ▲ We have the plans that agencies need. For personalized service, CONTACT DAVID WERTZ, CPIA 800-998-9644, ext. 506 DavidW@IABforME.com IABforME.com/agency_insurance
DE LEGISLATIVE INSIGHTS to provide 30 days’ written notice for policy cancellations except in the instance of nonpayment, when it is 10 days.
DELAWARE
WORKERS’ COMPENSATION
The Delaware General Assembly finished the first year of its two-year legislative session on June 30. Although the second half of the regular session will not start until January 2022, lawmakers will need to reconvene for a rare special session this fall to deal with redistricting and to vote on new legislative maps. During this first half of the legislative session, lawmakers passed a number of insurance-related bills that are ready for action by Gov. Carney:
AUTO SB 40, sponsored by Sen. Darius Brown (D – Senate District 2), permits the court to suspend all or part of the fine for uninsured driving if the defendant provides evidence that they have secured insurance between the date of the fine and the date of the sentencing. IA&B expressed concern to lawmakers that the unintended consequence of this bill may be to increase incidences of uninsured driving, as some drivers will risk waiting to secure coverage until they are charged. Lawmakers also passed a bill establishing a peer-topeer car sharing program. SB 168, sponsored by Senate Majority Whip Elizabeth Lockman (D-Senate District 3), sets up a regulatory framework that allows for companies (e.g. Turo, Getaround) to facilitate the shared use of vehicles in Delaware. The bill establishes minimum insurance coverage requirements and requires the sharing companies to assume liability for damages during car sharing periods.
PROPERTY SB 80, sponsored by Sen. Spiros Mantzavinos (D-Senate District 7), is a Department of Insurance (DOI) priority, which addresses the issue of “storm chasers” by authorizing a property insurance carrier to limit a policy’s assignability only to those persons or entities which have the legal authority to represent an insured. IA&B supports this legislation. Another DOI-backed piece of legislation passed by lawmakers this session was SB 79, also sponsored by Sen. Mantzavinos. This legislation requires property insurers IABforME.com |
SB 123, sponsored by Sen. Nicole Poore (D-Senate District 12), expands the scope of the workers’ compensation death benefit to surviving spouses who remarry. The insurance industry, including IA&B, expressed concerns about this legislation, which will make Delaware an outlier among other states in its handling of workers’ compensation death benefits. The information in this article was current as of July 21, 2021. The legislative process is fluid, so watch IA&B Agent Headlines e-newsletter for updates on bills that could impact your agency and your insureds.
Lauren Brinjac is government affairs director for IA&B. For more information about any of the legislative issues mentioned here or to get involved, contact Lauren Brinjac at 800-998-9644, ext. 607 or LaurenB@IABforME.com.
IA&B works on your behalf to ensure that state legislators and regulators understand the issues affecting agents. And your financial support amplifies your message. Please consider contributing. More information at IABforME.com /political_advocacy.
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AGENCY PERPETUATION
A C T N O W O R F O R E V E R H O L D . . . PA R T I I In the August 2021 Primary Agent (see IABforME.com/Primary-Agent), agency perpetuation expert Brian Burke offered insights into valuation trends and projected what’s to come in the world of agency deals. On the following pages, he follows it up with advice on necessary, long-term priorities for a successful agency transition – no matter what your role is. By Brian Burke, B. H. Burke & Co., Inc.
Greetings, IA&B members: When we “talked” a month ago, we had imagined you were at an agency-perpetuation conference and had just moved from the main hall into four rooms for break-out sessions. We imagined further that you had done the perpetuation-fitness assessment we recommended and had gotten some new direction and energy behind your perpetuation intentions.
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Your charge in each of the sessions was to come up with two short lists: List A states what you wanted the agency’s main business priorities to be. List B states what you see as your own personal, job-related priorities. The priorities on your lists should be medium- to longer-term in nature. You may want to land a big account next week too, or clean up some data-entry backlogs, and those things are important. But your priority-list items should have a longer-term horizon.
AGENCY PERPETUATION Here is what we at B. H. Burke & Co., Inc. think should be on you’re A list: If you are in break-out room No. 1 with other controlling owners or managing partners, here are the items, not in any particular order. All are important.
If you are in break-out room No. 4 with other agency leaders for whom ownership is not in the cards (such as in a family agency), here they are. ▲ An up-to-date understanding of the agency’s value, and what causes it.
▲ To have or get a good, up-to-date understanding of the agency’s value, and what causes it. More on this below.
▲ A current, sensible agency-ownership agreement that all the parties understand.
▲ To have or get a current, sensible agency-ownership agreement that all the parties understand. (Ownership agreement is the generic term for what are often called shareholder agreements and buy/sell agreements.) More on this below, too.
▲ A multi-year revenue-growth plan.
▲ To have or get a multi-year revenue-growth plan. We have nothing to say about what level of growth makes sense for you. But we have plenty to say about your having a plan that fits your reality and your aspirations. ▲ To have or get a multi-year profit plan. By profit we mean pretax cash from operations, adjusted for non-recurring and owner-discretion items (best measured as pro-forma EBITDA). Profit pays for everything. Shouldn’t there be something on list A about systems, carriers, books of business, or staffing? Maybe, but we see those as necessary parts of the above four items. If you are in break-out room No. 2 or 3 with minority owners and producers aspiring to be owners, here they are. Remember, this is list A – what you want the agency’s priorities to be. What you want the leaders to have as priorities. ▲ An up-to-date understanding of the agency’s value, and what causes it. ▲ A current, sensible agency-ownership agreement that all the parties understand. ▲ A multi-year revenue-growth plan. ▲ A multi-year profit plan. Wait a minute! Is this a big typo? Nope. Aren’t these the same things that should be on the A list in room No. 1? Yup.
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▲ A multi-year profit plan. Wait a minute! Aren’t these the same things that should be on the A list in the other three rooms? Yup. Message: Internal perpetuation plans are not just for current owners and managing partners. They are for everyone to whom the agency’s success is important. Executives and leaders make the decisions. We understand that. But all the players benefit from their having the right priorities. Message: We don’t know what should be on your B lists. But we do know that it should be supportive of, or at least not in conflict with, what’s on the A lists. Final comment on the A-list priority related to value. We’re not saying, go get an appraisal. No, we are saying that you should get a qualified appraiser who will give you the value in a reasonable range; will explain what is causing the value to be what it is; and will help you estimate the likely impact on value of the things that might happen in the industry and the economy. Final comment on the A-list priority related to ownership agreements. The main exposure here is death and disability. The agreement should be clear about what happens to shares, when it happens, at what price, and on what terms. The retirement piece should be in there too, but that can usually be worked out with clear heads as the perpetuation plan is finalized. Death and disability really do happen, and they can lead to turmoil if not planned for properly. Brian Burke is the founder and semi-retired chairman of B. H. Burke & Co., Inc. Learn more at BHBco.com.
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2020 CONTRIBUTORS AgentPAC of Pennsylvania Contributors Presidents Club ($1,000+) Tod Aronson
E. R. Munro and Company
Steven Buterbaugh
McConkey Insurance & Benefits
Frank Ebner
McConkey Insurance & Benefits
Kressler Wolff & Miller Inc.
Timothy Ziegler
McConkey Insurance & Benefits
Mark Bruns
Doug Loesel
Scott Burns
Governors Club ($500 - $999) Randall Close
Gallen Insurance Inc.
Marshall Wolff
Michael Harter
McConkey Insurance & Benefits
Ann Moll
The Weimer Group
Gunn-Mowery LLC
Donna Roper
Miller Insurance Protection Team
Dean Wimmer
Senate Level ($250 - $499)
Loesel-Schaaf Ins Agency Inc.
Christopher Miller
Walbeck Insurance
Greg Gunn
McConkey Insurance & Benefits
Bruns Insurance Services LLC
Roger Myers
Roger W. Myers Insurance Agency LLC
Jeffrey Olsommer
Chris Caterson
Little & Nelson Inc.
Mark Davis
Davis Insurance Agency LLC
Joseph DeFinis
Joseph DeFinis Inc.
Gary Dix
Boardman & Hamilton Co.
Olsommer-Clarke Insurance Group Inc.
Henry Dunn
William Purdy
Vijaykumar Durgani
Purdy Insurance Agency Inc.
Richard Rankin
Henry Dunn Inc. Symbiotic Brokerage Services LLC
Burns & Burns Associates Inc.
Murray Insurance Associates Inc.
Karl Eisaman
Richard Cassidy
Todd Roadman
Duane Epting
Reed Wertz & Roadman Inc.
Strausser Insurance Agency
Tara Silfies
Jeff Fecko
Hampson-Mowrer Agency LLC
MPF Insurance Inc.
Kim Troast-Singley
Leonard Garza
Kattan-Ferretti Insurance
Andrew Enders
Enders Insurance Associates
Jason Ernest
Insurance Agents & Brokers
McDowell Associates
Troast-Singley Insurance Agency LLC
Premier Group
House Level ($100 - $249)
Tri-County Insurance Associates
Griffin & Griffin Financial Services Inc.
Robert Beiler
Swift-Hopkins Inc.
David Gusmar
Jeffrey Coup
Mark Hite
Lisa Becker
McGroarty & Bradburn Insurance
Lew Kachulis
Connie Bence
John Olkowski
Patrick Kelly
Jackson Bonus
David King
Sarah Brown
Robert Knowles
Sharie Castle
Wise Insurance Agency
Joanne Bankos
James Fitzsimmons
Collens Wagner Agency
Fitzsimmons Insurance Agency Inc.
Jeffrey Glass
William Griffin
McConkey Insurance & Benefits
Lisa Goth
Charles P. Leach Agency Inc.
Shannon Lipniskis
Hutton-Blews Insurance LLC
Michael McGroarty
McConkey Insurance & Benefits
Jacque Perry
Jacque Perry Insurance Inc.
Deborah Remaley
Remaley Insurance Inc.
Joseph Reschini
Reschini Agency Inc. 18
Robert Walbeck
Altany Loynd & Lindquist LLC Sovereign Insurance Group Gilbert’s Insurance Agency Inc. Kelly Insurance Agency Inc. Horst Insurance
Beiler Insurance Agency Inc. Coup Agency
Parry Insurance Wilfred E Helwig Agency Jack L. Bonus Insurance Keller Brown Insurance Services
Knowles Associates
Bortz & Associates
Elizabeth Martin Martin Insurance Agency SEPTEMBER 2021
Patrick Halcovich
George Heigel Blake Henry
BDH-Konhaus Inc.
John Hollister
Sheeley Insurance Agency
Jocelyn Howard
C.W. Howard Agency Inc.
David Hughes
Sprowls Insurance Group
Cynthia Kish
Henry H Shoemaker Agency
Marvin Klein
Ironbridge Insurance Agency
Jay Lemelin
Vision Insurance
We sincerely thank everyone below for contributing to AgentPAC in 2020. Your financial support helps make sure your voice, collectively with other agents, is heard during the legislative process, and helps us as we advocate for ways to strengthen agents’ political interests on key insurance and business issues in Pennsylvania, Maryland, and Delaware.
AgentPAC of Maryland Contributors Andrew Mackey Valley Agency
William Mechling William G. Mechling Agency
Richard Michael
Michael Insurance Agency Inc.
Eugene Myers
Myers Insurance Agency Inc.
Claire Pantaloni
Insurance Agents & Brokers
John Shields
Lutes Insurance Agency
Tara Silfies
Hampson-Mowrer Agency LLC
Mark Sitler
The Hartman Agency Inc.
Governors Club ($500 - $999)
House Level ($100 - $249)
Bryan Hanes
Brian Creamer
Creamer Insurance Agency
Governors Club ($500 - $999)
Richard Gerety
Scott Kidner
Rick Gerety + Associates Inc.
C.S. Kidner Associates
Barbara Harders
Senate Level ($250 - $499)
Antietam Insurance Associates Inc.
Craig Mader
Craig S. Mader Insurance Agency Inc.
Harders Financial Group Inc.
Janice Wise
Walker-Poole Insurance Inc.
Senate Level ($250 - $499) Gregory Bennett Famous & Spang Associates, LLC
Tony Bennett
Slovik Insurance Agency
Famous & Spang Associates, LLC
Robert Smyrl
William Slovik
AgentPAC of Delaware Contributors
Stephen Hershberger Yoder-Hershberger Insurance
Kimberly Matney Matney Insurance Services Inc.
Brendan McArdle McArdle Insurance Agency Inc.
Lee Dotson
Bellevue Insurance Services LLC
Howell Wallace
Pratt Insurance Inc.
Jim Watkins
Hilb Group Mid-Atlantic
John Yasik
Gary Simpson
Henry Bradley
Smyrl Insurance
Bradley Atlantic LLC
Simpson Olde Towne Insurance LLC
Poland & Sullivan Insurance Inc.
Harry Triolo
Karen Hall
Charles Veirs
TLC Associates
Landmark Insurance Inc.
C. Clifton Veirs Agency
House Level ($100 - $249)
Tim Wonder
Stacey Nicholson
Insurance Agents & Brokers
CNR Insurance Inc.
Up to $99
Jonathan Wright
Linda McCann
The Wright Agency
Up to $99 Craig Fioravante FA Insurance
Victoria Hatfield
Hatfield Group LLC
Robert Hogue
Walker & Associates
Michael Nesbit
Swift-Hopkins Inc.
John Spiziri
Spiziri Insurance
Bay Shore Insurance Inc.
Larry Sanders
Edward L. Sanders Insurance Agency
Stephen Burnett
CBM Insurance Agency LLC
Maria Metcalfe
Bellevue Insurance Services LLC
Sara Payne
Joseph Moore
David Rosenkilde
David Wilgus
Kip White
Peter Wolff
Barry Winstead
Up to $99
Edward L. Sanders Insurance Agency R&A Insurance Inc.
American Insurance and Financial Services Inc. Winstead Insurance Agency
Mark Wurster
Freedom Insurance Agency Inc.
IABforME.com |
Williams Insurance Agency Inc. Wilgus Insurance Inc. Wolff Insurance Agency Inc.
Jason Bonardi Travelers
William Davis
Davis Insurance Group Inc.
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Morton-Moore Insurance Agency Inc Cambridge Springs, PA
Falcon Secured Insurance Horsham, PA
Warren Weiss Agency Quakertown, PA
Healy Insurance Group, Inc. Oakland, MD
White Rose Insurance Agency, LLC York, PA
For information about membership or benefits, contact: Tim Wonder, VP-Membership 800-998-9644, ext. 351 TimW@IABforME.com
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SEPTEMBER 2021
IMSaccess.com
Contact Tim Wonder, VP - Membership TimW@IABforME.com • 800-998-9644, ext. 351
T R A I N I N G & E D U C AT I O N
IN-PERSON CLASSES RETURN
UPCOMING SCHEDULE
IA&B reintroduced select in-person courses this month.
SEPTEMBER 2021
See our September training schedule.
>>>>>
For a full list of online and in-person courses, visit IABforME.com.
PRIMARY AGENT Editor: Karen Robison KarenR@IABforME.com 800-998-9644, ext. 606 Contributing editors: Jennifer Ross Megan Fioretta Sales Account Executive: Laura Gaenzle laura.gaenzle@theygsgroup.com 717-430-2351
Register today! 800-998-9644, option 1 IABforME.com CLASSROOM DATE TOPIC
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CISR-Commercial Casualty I CIC-Commercial Casualty William T Hold: Commercial Lines CPIA-Position for Success Seminar CPIA-Implement for Success Seminar CPIA-Sustain Success Seminar
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CISR-Personal Auto Hour w/ Cathy: Commercial Property Insurance Problems Annuities - Consumer Protection and Suitability Home & Auto Exposures Your Insured Doesn’t Share Understanding & Insuring Emerging Risks CIC-Life & Health Commercial Property - Direct vs Indirect Damage Hour w/ Kevin: Insuring Modern Transit Risks Agent’s E&O: Documentation, Social Media, Cyber & More Personal Lines Clients and Their New Normal The Small or Hobby Farm: Identifying & Insuring the Risk The Evolution of Ethics in Insurance William T Hold: Commercial Lines Hour w/ Nicole: Homeowners Loss Settlement Issues Property & Casualty Licensing Study Course CISR-Agency Operations Nailed It: Understanding Construction Contracts Adventures in Aging: Financially Surviving Retirement Cyber - Evolution, Exposures, Incidents & Insurance CISR-Commercial Property Commercial Insurance Coverages, Court Cases & Chaos
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