2019 Winter Magazine by PIA of Tennessee

Winter 2019 â&#x20AC;¢ Tennessee

PAGE 16

TRENDS IN HUMAN RESOURCES What insurance professionals need to know

HUMAN RESOURCES 9

Age discrimination/EPLI

Conflict can equal growth

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Departments 4 Winter 2019 • Tennessee

In brief

9 Legal 13 Sales 25 E&O 34

Readers’ service and advertising index

Cover story 16 Trends in human resources What insurance professionals need to know

Feature 21 Competition can expand your agency If your agency’s management style can support it

Statements of fact and opinion in PIA magazine are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of the Professional Insurance Agents. Participation in PIA events, activities, and/or publications is available on a nondiscriminatory basis and does not reflect PIA endorsement of the products and/or services. President Jeff Parmenter, CPCU, ARM; Executive Director Kelly K. Norris, CAE; Communications Director Katherine Morra; Senior Magazine Designer Sue Jacobsen; Member Information Manager Jaye Czupryna Postmaster: Send address changes to: Professional Insurance Agents of Tennessee, 504 Autumn Springs Court, Suite A-3, Franklin, TN 37067. “Professional Insurance Agents” is published quarterly by PIA Management Services Inc. 25 Chamberlain St., P.O. Box 997, Glenmont, NY 12077-0997; (518) 434-3111 or toll-free (800) 424-4244; email pia@pia.org. ©2019 Professional Insurance Agents. All rights reserved. No material within this publication may be reproduced—in whole or in part—without the express written consent of the publisher. Cover design Patricia Corlett

In brief

from the executive

Independent, but not alone! One of the benefits of being independent is the freedom that our agents have to make the choices that they believe are right for their agency and clients. Sometimes—with that freedom and independence—can come isolation. It is easy to become so focused on what is going on within your agency that you can lose the benefit of outside ideas, concepts and influence. There is a risk of becoming a silo.

PIA’s ‘Hire to Retire’

Kristopher Mark Fisher,

This is one of the reasons that the PIA developed the PIA Career Center. The PIA Career Center is designed to help PIA agency members with everything from “Hire to Retire.” These tools can be used as a package, or al-a-carte. They are designed to help smaller agencies that don’t have the human resources of a larger firm. These programs include:

• job description design; CAE, CPIA, LUTCF This is the reason that an association is Executive Vice • job posting service; so important. PIA Tennessee affords an President & CEO independent agent with the opportunity • candidate screening/vetting; PIA of TN to engage in friendly competition, while Franklin, Tenn. • employee profiling; also helping each other be better. It gives • new employee training program; independent agents resources to improve • prelicensing courses; procedures and best practices. It allows them to share ideas. It allows independent agents to band • marketing and agency best practices training; together for the benefit of all. • product training; and One of the areas in which smaller agencies struggle is in the area of human resources, hiring and training staff. Finding great talent and helping these new staff members succeed can be daunting. Larger agencies simply have resources that smaller agencies typically do not. That is when PIA Tennessee can be of assistance. Our association can be an extension of your agency—providing resources and guidance.

SAVE THE DATE! August 29, 2020

85th Annual

• continuing education. For more information about “Hire to Retire,” go to: http://www.PIATN.com/pia-career-center.

Looking ahead We need your assistance in a topic that is related to hiring in your agency. The role of associations is changing. PIA is continually working to plan for what this association needs to be in the next five to 10 years. If you have ideas about what PIA should be focusing on or developing resources, please reach out to your local board representative to discuss what we can do to assist agencies like yours, or call me at the PIA office. We are committed to your success. Always at your service,

PIA of TN Convention

Kristopher Mark Fisher, CAE, CPIA, LUTCF Executive Vice President & CEO

Professional Insurance Agents magazine

Protecting employees and their families for more than 75 years, Colonial Life pioneered payroll-deducted benefits and now has more than $1 billion in in-force premium covering more than 3.8 million employees and family members. Health insurance premiums continue to increase and employers are forced to transfer additional costs to their employees, slim down their overall benefits package, or give up altogether. When an employer turns to you for answers, are you prepared to give them innovative and affordable alternatives? With a total benefits approach and Colonial Life on your team, now you can. INCREASE AN EMPLOYER’S POWER TO RECRUIT, RETAIN, AND REWARD THE BEST EMPLOYEES – Build satisfaction and loyalty to attract and retain high-performing employees. Benefits are a major reason employees choose a new job – and also a major reason they choose to stay in their current one. REDUCE EMPLOYER MEDICAL COST AND TAX BURDEN – Cover gaps, simplify the enrollment process, and introduce pre-tax savings for both employer and employees. BENEFITS COMMUNICATION – Help employees understand, appreciate, and better utilize their benefits.

VOLUNTARY BENEFITS – Better priced, better service, better coverage. WHY COLONIAL? WHY NOW? WHY ME? The Colonial Life District of Mike Lerman has partnered with the PIA to provide a simple, turnkey approach with guaranteed issue coverage for your commercial clients along with hard-coded commissions for you. This is the easiest cross-sell ever and you can rest assured - as many PIA members have already found – this voluntary carrier and team will represent you well, increase the value of your agency, and bring you a significant new revenue stream – in one, simple, quality-controlled package. Visit us at www.ColonialLife.com and on Mike’s personal website at www.lvibenefits.com. Call Mike Lerman at (931) 206-5177 and let’s get started. You will be glad you did.

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Location: Mayfield Heights, Ohio Area of business: All Exec:

•

CEO: Tricia Griffith

•

CFO: John Sauerland

•

Personal Lines President: Pat Callahan

•

Commercial Lines President: John Barbagallo

Why Progressive: Stay relevant and adapt to the changing environment – that’s our goal in becoming your destination carrier. Our agents have the drive to embrace the changes in the marketplace, and we have the tools, technology, stability, and breadth of product to ensure we thrive well into the future – together. And while we’re focused on the journey ahead, our past is equally important. Since 1937, we’ve grown into one of the largest auto insurance providers in the country and the largest personal auto insurer by written premium among independent agents. In addition, we’ve worked to achieve No. 1 commercial auto insurer, motorcycle and specialty RV insurer in the US and we also have an A+ (Superior) rating for auto and A (Excellent) rating for home from A.M. Best, an independent U.S. based insurance rating agency. We help agents keep their promises by always keeping ours, operating consistently from our Core Values and delivering intuitive technology, claims and service excellence, marketing support for their local brand, and a national name customer know and trust. We’re proud to serve independent agents by making insurance a little better every day, and we’re proud to have independent agents like you representing our brand in your community. Progressive Benefits and Services Technology and Ease of Use – Throughout our history, we've pushed the independent agent channel forward with easier and faster ways to quote business, and breakthrough segmentation that keeps agents ahead of the competition. We help you stay ahead of consumer needs by providing online and mobile technologies that today's customers expect from businesses. Breadth of Products – No matter your customers’ needs, from simple to complex, we have the products and coverages to meet the needs of the entire household. We offer personal auto, motorcycle, boat, RV, homeowners, renters, commercial auto and more. Stability and Choice – Our commitment to underwriting profit and low-cost operations provides quality coverage for all risks at a consistently competitive price. Through a variety of discounts and programs we offer your customers ways to save and personalize their rate, like our usage-based insurance program Snapshot®. Progressive's agency business is as big as it's ever been, and we continue to make significant investments to support agent's long-term, profitable growth. Insights and Tools – We've built our business with agents, and after 80 years, we're just as committed as we've ever been. We use our experience, insights and scale as a market leader to continuously improve our products and deliver business-building tools that fuel agent success.

Don’t take it from us, visit AgentsofProgressive.com to hear more from some of our agents. Not all programs, discounts or products are available.

Professional Insurance Agents magazine

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legal

clare irvine, Esq. Government affairs counsel, PIA

Age discrimination and EPLI In April 2015, a four-time applicant for programming positions at Google decided that she had been wrongfully discriminated against because of her age. The applicant filed a complaint in federal court alleging that Google had declined to hire her based on her age. Other applicants had similar complaints and suddenly, Google found itself facing a class-action lawsuit and a judge asking “[h]ow does age factor into one’s Googleyness?”1 The quirky company had to face the type of discrimination case businesses across the country have long insured themselves against: an accusation of age discrimination. While the dispute may have been taking place in a court, the factors that went into the employer’s defense went beyond the law. For businesses of all sizes, an employment practices liability insurance policy would provide defense against these claims while influencing the decisions an employer makes when developing its defense.

Proving discrimination

for the employment decision.4 In Price Waterhouse v. Hopkins,5 the trial court found that the employer had received legitimate concerns about the female employee’s interpersonal skills and considered those concerns in the evaluation of her candidacy for advancement. At the same time, the court decided that her gender also had played a role in the decision. As multiple factors played a role in the evaluation of the woman’s candidacy for advancement, the U.S.

SAVE THE DATE!

The Age Discrimination Employment Act forbids an employer with 20 or more employees from discriminating against people 40 years of age or older based on their age.2 The ADEA stands as its own law—separate from other statutes prohibiting specific types of employment discrimination. Title VII of the Civil Rights Act of 1964 laid the foundation for unlawful employment discrimination. Title VII prohibits an employer with 15 or more employees from discriminating against an individual based on the individual’s race, color, religion, sex or national origin. Additional legislation prohibiting workplace discrimination includes the Equal Pay Act, the Americans with Disabilities Act, and the Pregnancy Discrimination Act. An employee may suspect discrimination, but that alone does not prove his or her employer actually violated the law. In order to prove employment discrimination, an employee must first prove that he or she suffered an adverse employment action defined by the U.S. Supreme Court as a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities or a decision causing a significant change in benefits.”3 The employee’s burden of proof depends on the type of alleged workplace discrimination. When hearing a claim of employment discrimination in violation of Title VII, the U.S. Supreme Court held that an employer may be found to wrongfully discriminate against an employee even if it had mixed-motives piaTN.com

August 29, 2020

85th Annual PIA of TN Convention

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Supreme Court held that the employee had the burden to prove that gender played a role in the employment decision while the employer could mount a defense by proving it would have taken the same action, “even if it had not allowed gender to play such a role.”6 This standard of proof should apply to all Title VII employment discrimination claims. However, the U.S. Supreme Court declined to apply this standard of proof to cases of age discrimination. In Gross v. FBL Financial Services Inc.,7 the employee argued that the same burden of proof applied in ADEA cases as Title VII cases. The Court disagreed with the employee and held that the employee had the burden to prove that age was the “but for” cause of the alleged discrimination. An employer could defend its decision by proving it would have made the same decision even if age had not been a consideration. This standard made it significantly more difficult for an employee to prove age discrimination in court.

ADEA claims and EPLI coverage Even employers that take every step to ensure they maintain equal employment opportunity workplaces may find themselves facing an age discrimination claim. All employers should maintain employee practices liability insurance policies to prepare for any legal claims regarding employment practices, including age discrimination complaints. An EPLI policy should fund an employer’s defense of an ADEA claim and potentially cover any financial liability or settlement. However, an EPLI policy coupled with the

plaintiff’s high burden of proof does not mean the defense of ADEA discrimination claims will be straightforward. An insurer financing the defense of a legal claim for an employer under its EPLI duty to defend creates a tripartite relationship between the employer, its insurer, and the attorney hired by the insurer to represent the employer. From the beginning of litigation, the insurer and employer may have different ideas for how to proceed. The insurer may wish to settle to reduce the costs of litigation and minimize the risk of higher liability should the claim go to trial. An employer may wish to defend its reputation, even if it means refusing all settlement offers. And, they may have different expectations of the attorney hired to represent them. Even if the insurance company selects the attorney and then funds

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Professional Insurance Agents magazine

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the defense, the attorney represents the employer as the client. If a third party such as an insurance company compensates the attorney on behalf of the employer, the attorney may not allow the insurance company to interfere with the attorney’s defense of the employer.8 This applies even when the attorney also has a lawyer-client relationship with the insurance company. Similarly, the rules governing lawyer-client privilege prevent the attorney from disclosing confidential information to the insurer without the employer’s consent.9 The privilege rule allows an employer to share information that may lead to the denial of insurance coverage without permitting the attorney to share that information with the insurer. Even when the attorney also represents the insurer as a client, the attorney always represents the employer as a client and the ethical rules governing lawyer-client relationships apply.

systemic complaints would be grouped together with the same coverage limit as a standalone complaint.

Although an insurer may not interfere with the attorney’s legal representation of the employer, the EPLI policy may include provisions intended to influence the directions the employer gives to the attorney. The terms of an EPLI policy may include the defense expenses in the coverage limits, which means the more an insurer must spend on defense cost, the less money available for any financial liability payments. This may differ from other liability policies that separate the defense costs from liability coverage. EPLI policies also may consider all complaints brought under a single employment practices as a single claim, meaning

Irvine is PIA’s government affairs counsel.

Beyond the coverage limits, insurance companies may include a hammer clause to encourage the employer to settle the claim should the insurer wish to settle it. An employer always has the option to reject the terms of a settlement negotiated by the defense attorney with the plaintiff’s attorneys. Ethics rules bar attorneys from entering into a settlement on behalf of multiple clients without the consent of each client.10 Insurance companies insert a hammer clause that recognizes this right of the employer, but requires the employer to pay any liability above the settlement amount should the employer reject the negotiated settlement offer. Additionally, the employer would be required to fund its defense of the claim.

Conclusion As Google faced an age discrimination complaint similar to most companies, it had to consider the many factors at play. Systemic age discrimination may have been a single employment practice, but the public never learned if the 227 plaintiffs could prove “but-for” causation in the adverse employment decisions.11 Instead, Google settled the case in June 2019 when the company agreed to an $11 million settlement with the plaintiff class. Just as employers and insurers across the country weigh their options in ADEA discrimination cases and their EPLI policy coverage, Google opted to end the dispute even when denying any wrongdoing. Sometimes the financial and reputational costs of litigation prove too high to pursue.

Heath v. Google Inc., 215 F. Supp.3d 844, 848 (2016)

29 U.S.C. 623 (bit.ly/2kDHAJZ)

Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53, 64, citing Burlington Industries Inc. v. Ellerth, 524 U.S. 742, 761 (1998) 3

Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)

Ibid.

Price Waterhouse v. Hopkins, 490 U.S. 228, 245 (1989)

Gross v. FBL Financial Services Inc., 557 U.S. 167 (2009)

ABA Model Rules of Prof ’ l Conduct R. 1.8(f)(2) (bit.ly/2kjV6lL)

ABA Model Rules of Prof ’ l Conduct R. 1.6 (bit.ly/2V9Vtjj)

Ibid.

Burnson, Robert. “Google Settles Job Seekers’ Age-Bias Claims for $11 Million” Bloomberg, July 16, 2019 (bloom.bg/2xZ2bvb) 11

piaTN.com

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The prospect list The idea of creating a solid prospect list can be daunting. Your prospecting activity in your list reflects your entire sales pipeline. The more activity against your target market (e.g., phone outreach, email, LinkedIn or direct mail), the better the likelihood of building trust and sales activity that leads to closed deals and more referrals. To create a steady pipeline, you must rely on the paramount foundation of sales activity, which is best kept as a running log of emails, phone calls and other marketing techniques to get attention, and then acquire sales. Here are some small steps to make the process less overwhelming.

Identify sales targets To identify your sales targets properly, start by mapping out your core niche industries and geographic radius. Commission opportunities based on staff size and industry will dictate how best to spend your marketing dollars. If you’re going after property/casualty insurance or workers’ compensation— those groups in which staff size is more important than class of business— determine the staff size minimums that still can justify a marketing-spend in targeting them. For example, at an average commission of $5,000 (from a $40,000 premium), you may be able to spend more in marketing dollars (e.g., cold calling/appointment setting or LinkedIn program) to acquire those groups, compared to small-childcare facilities that may only net $1,500 per win. The latter target could be better reached through a direct mail or email marketing campaign rather than a phone outreach program, which is more costly. Now that you have identified your targets, let’s consider the differences in building a list in-house versus third-party acquisition.

A solid list Here are some methods that you can use to develop a solid list. No. 1: Develop it in-house. Have you attended trade shows recently and acquired business cards that are collecting dust in your desk? Do you belong to associations that allow the usage of an Excel spreadsheet of members? Turning a cold call warm can be done through such lists, based on an introduction that takes the prospect’s guard down through a common reference point.

piaTN.com

sales

amanda puppo Owner, MarketReach Inc.

Even if your compiled list lacks size or expiration dates of coverages, you still have an advantage because they are warm calls and you can capitalize on the “right place, right time” in the buyer’s mind.

To get a comprehensive list of prospects with a dialed-in industry target, you also can source through a list broker (e.g., Hoovers or InfoUSA). These lists are mediocre in their raw form, but offer you a more comprehensive view of a given industry in a specific region, with staff size minimums, regardless of renewal date. No. 2: Third-party list acquisition. Subscriptions would provide suspected expiration dates and many afford the advantage of industryspecific searches. Some lists also provide modification experience rates, which may allow for comments like, “Since you fall well below 1.0 MOD you may be eligible for alternative insurance programs to get you dividends on the back end for good claims history.” When you can tell prospects their own experience rate, they may be more open to hearing what else you know. Being prepared with data to support claims on how you could improve their rates and put more money in their pockets may just get you those coveted meetings and additional sales.

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Next steps The warmest list yielding the greatest number of conversations that turn into meetings—and hopefully sales—is one you develop yourself through networking events, trade shows, or other personal contacts. Then, the list needs to be worked through with the tactics described in this article. These lists offer an affinity and an opportunity for a compelling introduction. However, there are only so many hours in the day for networking and warm contact conversations. Perhaps a hybrid of the two—adding in a subscription of companies in your local area with “right place, right time” by renewal date will provide a wider net.

Utica National and the PIA of Tennessee can help. Over 50+ years, more than 10,000 agencies have placed their trust in the Utica National companies because they offer:

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Invest a few minutes in the future security of your agency. Go to www.uticanational.com/eo to get started on an Easy Estimate, and then add and subtract coverages to get the combination of protection and premium you need! For more information contact: Tom Gernt, CPIA Email: AdvantageServices@PIATN.com Phone: 615-771-1177 ext. 205

Kristopher Mark Fisher, LUTCF, CPIA Email: kfisher@PIATN.com Phone: 615-771-1177 ext. 202

Professional Insurance Agents magazine

Evaluating your company’s staffing and time commitment will help determine whether in-house or outsourcing list development and corresponding prospecting techniques, is better for your business needs. It is important to validate decision-maker contact information, update key insights about the business and qualify the opportunity to create a solid working list. To avoid cyclical peaks and valleys in your sales activity, consistently add and update your list to develop a steady sales pipeline. Puppo is the owner of 18-year-old New Jersey-based MarketReach Inc., which specializes in setting qualified sales meetings for insurance agencies and allied suppliers. MarketReach also offers integrated marketing services to support a full sales pipeline such as LinkedIn Connection & Awareness program, monthly email newsletters, and sales collateral. For more information, log on to MarketReachResults.com.

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Professional Insurance Agents magazine

FARRAH FIELDER EVP, HR Legal Services and Government Affairs, Engage PEO

Trends in human resources What insurance professionals need to know

ith the end of 2019 quickly approaching, insurance professionals already are looking ahead at industry trends and topics that are set to take center stage in the coming year. In todayâ&#x20AC;&#x2122;s ever-evolving environment, staying at the forefront of such advancements is imperative for running a successful agency that will benefit both the employees and clients.

piaTN.com

Every organization faces its fair share of workplace challenges. With this in mind, an effective and well-organized team can make it possible for insurance agencies to navigate and respond to such issues adequately, thrive in a fast-paced work environment, and ultimately, have an edge over competitors. Considering new HR strategies is critical to providing clients with the service they deserve and have grown to expect. How can insurance agencies ensure that they’re incorporating effective HR strategies to further business goals in 2020? Here are some human resources trends that you should consider for the upcoming year and beyond.

Innovative recruitment strategies In today’s environment, insurance agencies’ HR strategies need to respond directly to the constant internal and external pressures that the industry provides. These challenges—from managing clients’ expectations to changing market conditions and navigating cost management—make it difficult for agencies to focus on their employees and capitalize on growth. Let’s face it: The race for quality talent always will be a top priority for all insurance agencies and brokerages. With constantly changing recruitment methods, it is imperative that agencies stay updated with new industry strategies, such as pipelining, so that they can continue to recruit employees who will help their agency thrive and, in turn, help meet clients’ needs. Delivering this high-quality service will maintain client satisfaction. For insurance agencies, implementing an effective talent pipeline should remain the top priority for all hiring endeavors. Pipelining continues to remain a leading recruitment tool, incorporating various marketing concepts to ensure that companies embrace a diverse group of strong recruits who are ready to be hired into the insurance sector. Above all, the concept reduces hiring time, and ultimately leads to more qualified and reliable candidates for agencies. By the same token, it is important to realize that often, the best candidates already work within your agency. By looking within your organization first— and fostering strong internal mobility within the agency—it will support the growth of current employees and boost morale. The strategy is critical for agencies that may be looking to retain valued agents while nurturing a thriving workplace environment. Embracing these shifts enables employees to feel valued, engaged and challenged with their work, not to mention loyal to their agency and less likely to look for other opportunities.

The importance of flexibility Implementing flexibility in the workplace for insurance agents is crucial in today’s modern digital world. As technology continues to advance within the sector, the typical workday has shifted from a 9-to-5 block to a seemingly 24/7 cycle. In turn, this provides various agencies with the opportunity to offer their employees the ability to embrace altered schedules and flexible hours so that they can get their work done effectively, and when it makes most sense to them. Enhanced flexibility will lead to more work/life fluidity and higher productivity within the agency.

Professional Insurance Agents magazine

Though telecommuting and remote positions for employees are not necessarily new benefits within insurance agencies, flexible scheduling is now being introduced in a refreshed manner in an effort to better suit employees and increase retention rates within the industry. For insurance agencies, considering potential employees for remote positions also provides the organization with a wider applicant pool to better benefit their business and their clients. Remote scheduling and flexible opportunities don’t solely refer to allowing employees to work outof-office once or twice a week. Employees should be provided with these opportunities, and they also should be urged to take advantage of them. Believe it or not, come 2020, globalization will lead to an increasingly diverse workforce, in which employees may soon be working with teammates across time zones, permanently.

Provide nextlevel training According to TINYpulse’s most recent Employee Retention Report,1 one of the most common reasons why employees decide to leave their place of work is due to a lack of growth opportunities readily available within a company. Just the same, if employees believe that their workplace is invested in providing the highest quality of training, they are far more likely to stay and work hard for the agency and their clients. Providing adequate insurance training for new and current employees—in addition to offering programs such as professional development, networking opportunities, and in some cases higher educa-

tion—will continue to be beneficial. In the coming years, an even greater emphasis on employee training for both small- and mid-sized businesses will continue to take shape. On the heels of the #MeToo movement, an added emphasis on sexual harassment prevention and discrimination is another trend to look out for in the insurance agency workplace. It is imperative that insurance agencies, both big and small, ensure that standard procedures are in place and all agents and employees are participating in training so that they are knowledgeable on these guidelines. It is critical that agents feel informed and comfortable in the workplace so that they can focus on what matters: the business. In fact, a growing number of states, including Connecticut and New York, are mandating that private employers must provide harassment prevention training.

Lifestyle and wellness incentives Another area of importance for agencies to consider in the coming year is organized health and wellness benefits, which include access to both nutritional and educational wellness programs offered to all employees. Multifaceted wellness plans designed specifically for insurance agencies often include training and activities during office hours, in addition to various complementary activities offered after the workday. Health and wellness training for the workplace can include anything from physical fitness to development of employees’ knowledge base to emotional education. These

programs can range from in-office fitness classes to language courses, meditation, specialized client training and 401(k) seminars for new employees. A greater emphasis is now being placed on workplace communication coaching, such as negotiation or public speaking, both of which are critical to success in the insurance industry. These offerings also make it possible for agents to bond and create a stronger team of experts, which will make the agency environment more motivating and positive across the board.

Partner with an expert Of course, implementing HR strategies ahead of 2020 is easier said than done. Across the board, all agencies want to be able to protect their assets and ensure that both their employees and their clients are confident in the organization’s offerings. This is precisely why partnerships between insurance agencies and experienced PEOs—professional employer organizations—are growing in popularity. PEOs can bring best strategies, practices and implementation, as well as help navigate these ongoing changes so that agencies can focus on furthering their businesses. In fact, what used to be a direct competition between insurance agencies and PEOs is now more of a collaboration. After the enactment of the Patient Protection and Affordable Care Act, partnerships between the insurance professionals and HR specialists became more common. For the insurance professionals, PEOs bring solutions that help both employees and the agencies’ client roster. Strategic partnerships with the right PEO also can give you an advantage over your competitors. Similarly, clients receive the full list of benefits that the PEO provides. Not to mention, clients have access to a wide variety of resources that they normally might not be given, from risk management to legal solutions and more. Ultimately, these partnerships are beneficial to all parties involved: the insurance agent, the PEO and/or the HR expert and the client. By implementing these strategies in the business models from the start, insurance agencies will be able to more closely monitor their businesses and their employees in a more effective manner—for 2020 and beyond. Fielder is executive vice president, HR legal services and government affairs for Engage PEO, a national professional employer organization serving small- and medium-sized businesses across the U.S. Engage provides HR services and counsel to help clients minimize costs and maximize efficiency through a full range of health and workers’ compensation insurance products, payroll technology and tax administration, risk management services and best-of-breed technology as part of an extensive suite of HR services. 1

TINYpulse, 2018 (bit.ly/2E52HwL)

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Coun t on us to be there, there ...

A strength that sets EMC apart from other insurance companies is the local service we provide. We cover policyholders in more than 40 states and we have 20 offices strategically located around the country. So when you partner with us, you not only get the stability of one of the countryâ&#x20AC;&#x2122;s top insurance organizations, but you also get a familiar face close to home.

We look forward to seeing you soon.

carletta clyatt SVP, The Omnia Group Inc.

Conflict can grow your agency If your agency’s management style can support it

Every sales-based organization will experience two types of conflicts eventually. The first is within the team itself and always comes down to sales numbers. The second is between the sales team and a service team. Even in these contexts, conflict often is treated like a dirty word. It is a natural reaction to try to avoid conflict or to ignore the first signs of its arrival. Yet, the minute a conflict is publicly felt or acknowledged on a team, an organization’s managers might feel that they are obligated to step in and stamp it out. Doing so may be a mistake. There are legitimate reasons you might actually want to start or foster a little conflict within your team. There also are ways to work through conflict that can build individual and team success. Unfortunately, there are more ways that same type of conflict can be mishandled with disastrous results. This article will examine the two common sources of conflict and the different ways you can approach them to ensure the most positive outcomes possible.

Complacency vs. conflict The real dirty word—especially for any sort of a salesbased organization—is complacency. It’s when things are going reasonably well and sales numbers are consistently hitting targets for the team (though not growing significantly) that a sales manager should start to worry. Your top earners may take their foot off the gas a bit, knowing that they are going to be at the top of the list whether they work hard or not. Your laggards may start to give up on ever catching up to the pack. And the pack may soon shift from prepping for the weekend on Friday afternoons to mentally checking out on Thursday. Those flattened sales results will soon start trending lower. Worse, their descent will gather steam until you find yourself dealing with a different sort of conflict— the full-blown business crisis. This crisis includes calls from leadership to show immediate improvement or face shake-ups that may threaten every member of the team. Complacency also leads to behaviors that can easily put your whole sales team in conflict with other teams in your

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organization. A member of the marketing, data or support teams may show up at your door one day and appear livid. He or she may express the outrage that has been building up on his or her team over the way your sales people are disregarding their procedures, or skipping over requirements to gather information that they need to do their jobs. When you consider the result of a complacent status quo, consider conflict to be a powerful and positive tool. Conflict is the antidote to complacency. Human beings do not change unless a conflict forces them to do so. By itself, conflict is neither good nor bad—it is the object that is forcing a change. How a person or group communicates throughout the conflicted period, and how they go about deciding between A and B are what really determines whether the outcome is likely to be positive. Let’s take a look at how this plays out in a few practical ways to understand the power of communicating through conflict the right way. Possible actions. Imagine you find yourself adrift in that sea of complacency as the sales team lead. You can take three courses of action to break free and get some forward momentum. Only one of them will lead to even greater success for you, your team and the whole organization. Which of the following scenarios do you think represents the best use of the conflict tool? Wait and see. You can’t be sure that the slowdown in growth isn’t caused by factors outside of your control, so you choose to wait and see what happens. And, while you have gotten a few complaints about forms not being filled out, or certain sales people pushing for last-minute exceptions to rules, your team members seem to have good reasons for not complying with the rules. After all, the numbers are still good, and that’s what counts. If the numbers start to slip or the other team’s boss complains to your boss, then you’ll have a meeting with the team. You’ll let them know they need to improve their numbers and their procedure compliance by XYZ. Or else. Offer incentives. If things have gotten a little quiet, the best way to get that sales bell ringing again is to set up a sales contest. A little bit of competition on the team never hurts, and a prize at the end is guaranteed to get everyone in the game. As for the complaints about procedures, you can throw that into the contest as well. There can be a separate prize for the producer with the most precise paperwork. Individual coaching. You like to think of yourself as a coach. You believe you understand the strengths and weaknesses of each of your team members, so you decide to nip any lagging sales growth in the bud during your regular one-on-one meetings. You may offer each member of the team a little extra incentive for increased sales as a way to soften the criticism and requirement that they improve their reporting. You emphasize the positive in your offer by asking them to keep this special incentive to themselves. Did any of these scenarios sound familiar? If you’ve worked in multiple organizations, you’ve probably seen at least one and possibly all three of them over your career. If you guessed that the third reaction to complacency offered the best possible path to long-term success, you’re halfway right. It does offer the best possible path in this instance, but there is room for improvement. Before we show you what it will take to turn that possible 22

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positive outcome into an extremely probable success, let’s look at what makes the first two choices so poor in comparison. When to address conflict. In the scenarios we set up, as in most reallife situations, there are two variables that determine whether the conflict is handled successfully. The first is timing, and the second is the level on which the conflict is handled. The tendency to avoid conflict is common. Often, individuals and groups will go to great lengths to avoid any hint of conflict. In our first example, our manager was so reluctant to disrupt the seeming peace of a just fine situation that the manager ignored slipping performances and growing frustration on the part of external teams until both blew up to become win-lose conflicts. In our second example, our manager moved more quickly to diffuse the conflict time bombs the team was facing by acknowledging their existence earlier. By introducing a sales contest before there was a verifiable drop in sales numbers or an angry external team member at the door, the manager did allow room for the possibility of a positive outcome. However, a sales contest creates conflicts between sales team members by pitting them against each other in a race for a single prize. The contest itself also may only have a short-term impact on sales results.

Interpersonal vs. intrapersonal conflicts There are two basic types of conflict: interpersonal and intrapersonal. Interpersonal conflicts occur between two or more people, whereby intrapersonal conflicts occur within a person.

In both these instances, our manager choses to address both issues as team conflicts. The whole sales team was beginning to slip in terms of sales results. The whole sales team also was guilty of not following the procedures set by other departments. In a sales contest, each team member is pitted against the rest. By attributing a single behavior to the entire group, our manager allowed each member of the group the psychological wiggle room to deny having any part in the problem. The top producer will continue to feel he or she is carrying the load of the group. The laggard will be consoled because he or she is meticulous about paperwork. In fact, the employee thinks he or she could be a top dog too if standards slip. And the pack feels safe from any possible negative consequences because both their sales and their paperwork are okay.

numbers while still expressing a belief that there are greater individual rewards to be had if the employee reaches for the next level. The manager also could use personality data to better explain how the procedures and information requirements of other teams help make these sales goals more achievable. People are more likely to receive and implement honest feedback when it is delivered in a way that stokes their internal motivators. A personality assessment, like The Omnia Profile, pinpoints those motivators. At the end of the day, it all comes down to when and how you choose to communicate with your team through the conflict. You can choose to see conflict as something to be feared and avoided. Or you could choose to think of it as the grain of sand that irritates the inside of a clam. Eventually, the clam builds a pearl around that grit to smooth it out. If you acknowledge conflict early and clearly communicate individually, you have a good chance to turn any sand that gets thrown at your team into pearls that keep you all growing and moving forward. Clyatt, a seminar speaker and the senior vice president at The Omnia Group Inc. Reach her directly at (813) 280-3026 or carletta@omniagroup.com. PIA members receive one complimentary behavioral assessmentâ&#x20AC;&#x201D;a $140 value. For more information, or to arrange for your free profile, contact The Omnia Group at (800) 525-7117 or see the website (omniagroup.com) and donâ&#x20AC;&#x2122;t forget to mention your PIA membership.

Our third team manager was smart enough to address the conflicts early. Even though the manager talked to each team member individually, the manager still treated the conflict as an interpersonal one. The manager missed a golden opportunity to use conflict to push for personal growth that could benefit everyone.

The sweet spot of conflict One of the reasons so many firms rely on behavioral assessments in their hiring process is because they provide valuable insight into what motivates an individual from within. A team coach uses that same personality knowledge to introduce a little intrapersonal conflict within each team member during one-on-one interactions. In our example, the third team manager could have praised the employee for good sales piaTN.com

Because Nothing Happens Until Someone Makes a Sale

Certified Professional Insurance Agent (CPIA) Designation Sales isn’t a natural skill for many people. Even among the most talented sales professionals, there’s always room for improvement.

Our Sales Expertise. Your Goals. If you want to sell more, you need to learn more. However, cookie cutter sales training is seldom the best solution. Instead, you need education that is built around your unique realities.

Action. Not Theory. The AIMS Society has decades of experience developing curriculum and facilitating sessions for the Certified Professional Insurance Agent (CPIA) designation. Every aspect of our coursework is designed to help participants gain insight and practical skills that can be applied right away. There’s simply no more business as usual when everyone begins approaching projects with a customer-first sales mentality. The focus at the AIMS Society has always been on tactics and sales information that are realistic and applicable to actual business situations. Position for Success – CPIA 1 Participants focus on internal and external factors affecting the development of effective business development plans. Factors discussed include a review of the state of the insurance marketplace; analysis of competitive pressures; necessary insurance carrier underwriting criteria; and consumer expectations and understandings. Throughout each section of the workshop, tips for preventing errors and omissions (E&O) are highlighted. Implement for Success – CPIA 2 Attendees discover specific tools for analyzing consumer needs. They also learn to utilize risk identification techniques to gather pertinent prospect information, develop skills necessary to assimilate collected information into a customized protection program and participate in exercises designed to promote effective delivery of proven solutions. As in CPIA 1, tips for preventing E&O are discussed.

CPIA faculty are fabulous, the best in the business. They bring true life examples and excitement into the program. Attendees leave class with a renewed vigor and bring this feeling with them back to their places of employment. They are excited about their insurance careers. Interaction is the highlight of the program, not only between instructor and attendees, but also between attendees themselves. Great ideas are shared and everyone in class feels a shared sense of commonality and togetherness. - CPIA Sponsor Kelly O’Connell Education Manager

“Sales” and “marketing” are not the exclusive Sustain Success – CPIA 3 responsibility of the sales team. Every This program focuses on fulfilling the implied promises contained in interaction can impact sales. Therefore, we the insuring agreement. Students will review methods of providing believe our designation is ideal for anyone evidence of insurance coverage and will discuss policies and with consistent interaction with people procedures to control errors and omissions, including policy review outside the organization. and delivery, endorsements, claims-processing and handling of client complaints. Also included is a review of professional expectations; the For more information call 615-771-1177 ext. 205 law of agency; and legal and ethical standards. Our emphasis on providing tips for preventing E&O continues.

Are you reading the policies youâ&#x20AC;&#x2122;re selling?

E&O

Curtis m. pearsall, cpcu, CPIA

Insurance producers deliver policies to their clients every day. While in many situations the policies provide the standard coverage, there are instances in which they contain a limitation or exclusion.

The sprinkler system was off

It is common for commercial property policies to contain a Protective Safeguards endorsement that stipulates certain conditions must be met for coverage to apply. Failure to maintain the protective safeguards in good working order or failure to notify the insurer of even a temporary impairment in protection suspends coverage until the protection is restored.

The claim against the agency arose out of allegations that the agency failed to advise the client that the commercial property policy was written with a Protective Safeguards endorsement, which required the client to maintain a sprinkler system. The building in question was a ware-

The following errors-and-omissions claim illustrates the importance of understanding what endorsements are in each policy you sell to a customer.

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house with a replacement cost of over $8 million. During the policy term, fire destroyed a portion of the warehouse. The claim was denied when it was reported because the fire suppression system was turned off prior to the fire. During testimony, the producer testified that although the Protective Safeguards endorsement was never specifically mentioned, there was discussion about the need to have a properly functioning sprinkler system. It was stated that there was a premium reduction provided for this safeguard. The client admitted that the fire suppression system was turned off when the temperature was below freezing to prevent the pipes from freezing and bursting. The clients also admitted that they did not read the policy and did not advise the producer that the system had been turned off.

Lessons learned The producer could have done a number of things differently to help prevent the E&O claim from happening. It is unclear how the application process was handled, but it appears that there was discussion about the presence of a sprinkler system. While this may sound like common sense, when the clients advise that they have a central-station fire alarm or fire suppression system, a good follow-up question might be, “Is it installed?” or “Is it in good operating condition?” It also would have been beneficial for the producer to ask the client, “Are there any times when the system is not operational?” These types of discussions should have been documented and noted in the agency system. Then, a confirmation should have been sent (via an email or letter back to the client) to document the discussion. As one can imagine, there are typically two sides to the story after a problem occurs. If the client had mentioned to the agency that the system is turned off during cold periods, the carrier should have been informed. However, it appears that with this claim example, this type of discussion developed when the carrier inspection was done. The carrier was aware that the system might not always be operational. The producer should be part of the review process when policies are received. This would help to identify any issues or conditions that would be prudent to bring to the client’s attention. If the policies are delivered in person, issues such as a Protective Safeguards endorsement should be noted with proper documentation. If the policies are mailed, noting the Protective Safeguards endorsement in the cover letter is beneficial. The client also should be strongly encouraged to read the policy and to advise the agency of any questions or concerns.

Special handling Contact: Tom Gernt (615) 771-1177 Ext. 205 advantageservices@piatn.com

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Protective Safeguard endorsements are common. Sometimes, they deal with a sprinkler system, while other times it is with a central-station fire alarm or burglar alarm. Requirements such as the need for a night watchman also occur. Without question, it is evident that without some special handling, uncovered losses occur. Thus, when there are uncovered losses, E&O claims are typically right around the corner.

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PROFESSIONAL DEVELOPMENT 2020 CPIA SCHEDULE 3/10 — CPIA 1 — Position for Success [Nashville] 3/10 — CPIA 2 — Implement for Success (Part 1) [Nashville] 3/11 — CPIA 2 — Implement for Success (Part 2) [Nashville] 3/11 — CPIA 3 — Sustain Success [Nashville] 8/30 — CPIA Update — PIA of TN Convention [Muscle Shoals, AL] 9/16 — CPIA 1 — Position for Success [Knoxville] 11/3 — CPIA 2 — Implement for Success [Crossville]

MEMBER PRICE $135 PER CLASS TO SIGN UP CALL US AT (615)771-1177 OR SIGN UP ONLINE AT WWW.PIATN.COM/EDUCATION-CALENDAR 27

THE HARTFORD’S FLOOD PROGRAM

PIA MEMBERS - ACCESS THE TOOLS, TECHNOLOGY AND SUPPORT YOU NEED TO GROW YOUR FLOOD BUSINESS The Hartford and PIA have joined together to make it easier for PIA member agents to provide their clients with flood coverage through The Hartford. The program is available to PIA members and their policyholders in all 50 states and Puerto Rico. HELPING YOU MARKET • On demand training • Webinars • Marketing materials and newsletter • Dedicated Flood Sales Executive • Access to Transfer Consultant – we make moving your flood business to The Hartford easy • Access to Training Consultant – we help you build flood expertise ADVANCED TECHNOLOGY FOR EASE OF DOING BUSINESS • Flood zone determinations • SEMCAT and Vertafore integrated flood quote technology • Electronic application submission • Assistance in obtaining elevation certificates • Technological upgrades due to legislative changes MEASURING YOUR SUCCESS • Claims reporting • Policy database download and maintenance • Electronic movement of premium and commission funds • Increased revenue with competitive commissions • Reports on demand • Repetitive loss review

THE PIA ADVANTAGE When you participate in PIA National’s official flood insurance program from The Hartford, you have the power of PIA behind you. PIA’s dedicated staff is ready to help if you need assistance. And, you’ll have access to The Hartford’s Flood Insurance Marketing Support Center. CONTACT US For more information about The Hartford’s Flood Insurance program for PIA agents, contact your local Flood Sales Executive: William Pitkin Phone: 860-547-2169 Email: WPitkin@thehartford.com

LEARN MORE AT PIANET.COM/HARTFORDFLOODINSURANCE.

The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including issuing companies, Hartford Fire Insurance Company, Hartford Insurance Company of the Midwest and Hartford Underwriters Insurance Company. Its headquarters is in Hartford, CT. All policies are written subject to the National Flood Insurance Program. Please note that this product is available in most states. Features and credits may vary by state. For simplicity, this brochure does not include all the features, exclusions and limitations of the policy. For full information, The Hartford suggests that you read your policy or consult with your independent agent. On all losses and claims, policy terms apply. All information and representations herein are as of March 2018 PLA245-1 © March 2018 The Hartford Financial Services Group, Inc. All rights reserved.

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