Independent
SPRING 2017 • VOLUME 35 • ISSUE 2 INDEPENDENT INSURANCE AGENTS OF IOWA
Insurance Agents of Iowa
IN THIS ISSUE: • Changes, Challenges And Transitions – Part III • Independent Insurance Agents March On Washington • Interview With Doug Ommen New Iowa Insurance Commissioner • Rural Agents Conference • SHIFT Thinking Is The Winning Edge You’ve Been Looking For • Insurance Day On The Hill • When The City And Farm Collide • My Introduction To A Political Action Committee (PAC) • Proceed Carefully If You Receive A Subpoena
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PRESIDENT’S REPORT Changes, Challenges and Transitions Part III Independent Insurance Agents of Iowa 4000 Westown Parkway West Des Moines, Iowa 50266 (515) 223-6060 • FAX (515) 222-0610 800-272-9312 (In-State only)
Advertising Editors Melissa Meiners & Nicole Peffers
BOARD OF DIRECTORS President Eldon Hunsicker - Ottumwa
President-Elect Terry Friedman, CPCU - Dubuque
Treasurer Tim English, CIC - Dyersville
National Director Terry McDonald, CIC - Iowa City
Directors
John Dalton - Council Bluffs Steve Madsen - Marshalltown David Rowley, CPCU, CIC, AU - Spirit Lake Scott Wirtz - Emmetsburg Luke Horak - Washington Lottie Miller, CPCU, CIC, AAI, CISR, CPIW, AAM, CRIS - Cedar Rapids Chris Gentry - Ollie Dave Walters - Audubon
I have been following with great interest that ACT (Agency Council for Technology) workgroup on “The Change Nature of Risk”. The workgroup was specifically charged with providing deeper understanding and guidance to the Independent Agency Market space around technology and the drivers of the future. Eldon Hunsicker Page 5
NATIONAL DIRECTOR’S REPORT Independent Insurance Agents March on Washington Being a nonpartisan group, we must come together and discuss with Congress what we feel is best for our industry, our business and most importantly, our clients. Terry McDonald, CIC Page 9
In This Issue Interview with Doug Ommen – New Iowa Insurance Commissioner
ADVERTISERS We would like to thank our advertisers for their support. This magazine would not be possible without them. THANK YOU!
Page 12
Rural Agents Conference Page 20
4 ACUITY 19 AMERISAFE 29 Berkshire Hathaway
Jerry Mease - Winterset
SHIFT Thinking Is the Winning Edge You’ve Been Looking For
IIAI OFFICE STAFF
by Charlie Anderson Page 23
29 BITCO Insurance Companies
Past President
Chief Executive Officer Bob Skow, CPCU, CAE bob@iiaiowa.org • Ext. 13
Insurance Day on the Hill
Chief Operating Officer
When The City And Farm Collide
Tom O’Meara tom.omeara@iiaiowa.org • Ext. 18
Director of Membership Operations & Education Melissa Meiners melissa@iiaiowa.org • Ext. 15
Technology & Communications Coordinator Nicole Peffers nicole@iiaiowa.org • Ext. 17
Office & Education Assistant Cindy Grim cindy@iiaiowa.org • Ext. 12
Membership Services Coordinator
Page 25
by Keith Wilts, CPCU, CIC Page 27
My Introduction To A Political Action Committee (PAC)
35 Big “I” Professional Liability 7 Burns & Wilcox 26 Donegal Insurance Group 34 Errors and Omissions 32 EMC Insurance Co. 30 Grinnell Mutual 14 Integrity 2 The IMT Group
by Tom O’Meara Page 31
24 Iowa Mutual Insurance Co.
Proceed Carefully If You Receive A Subpoena
17 M.J. Kelly Company
by Mark Shackelford Page 33
17 Pekin Insurance
6 Merchants Bonding Co. 10 Partners Mutual Insurance 8 SECURA Insurance Co. 22 SMF 11 West Bend
Marilyn Paul, CPCU, AIT, AAM, CPIW marilyn@iiaiowa.org • Ext. 11
Membership Services Coordinator Brenda Kluger, CIC, CISR, CIIP, CRM brenda@iiaiowa.org • Ext. 14
Membership Services Coordinator Megan Kincy, AINS, AIS megan@iiaiowa.org • Ext. 16
MISSION STATEMENT: The Independent Insurance Agents of Iowa will be an unrelenting advocate of the business, professional and p olitical interests of its members; doing so by working in the p ublic’s best interest and with the highest e thical standards. Viewpoint is a publication of the Independent Insurance Agents of Iowa. Viewpoint is published quarterly: Winter, Spring, Summer and Fall. Viewpoint is mailed to Iowa insurance agents, Iowa Home Office Executives, Affiliate members, and other state associations and organizations.
president’s REPORT
Changes, Challenges and Transitions Part III Independent
Insurance Agents of Iowa
by Eldon Hunsicker
PRESIDENT’S REPORT For those of you who know me relatively well, you have undoubtedly wondered when I would get to the topic in these articles that has been my passion for many years in this business. Well, this is it. That passion is technology, which can be utilized in so many ways to make us more competitive and effective in working to secure new customers and better servicing of existing customers, not to mention improved morale and increasing productivity within our staff. I have been following with great interest that ACT (Agency Council for Technology) workgroup on “The Change Nature of Risk”. The workgroup was specifically charged with providing deeper understanding and guidance to the Independent Agency Market space around technology and the drivers of the future. Specifically, they are studying the impacts that may result from how risk is changing in the new economies and what our industry can do to respond proactively. On the right are specific areas identified for their focus. The ACT Taskforce has identified many areas of significant changes that as an industry we are going to have to address. I want to focus on a few
of these that will impact all of us, no matter the size of our agencies. The entire area of social marketing, mass communication and IT consumerization is now having a major impact on our industry. Anyone who thinks that this will not have a major impact on us should only look at the transforming effect it is having on general retailing. Big retailers like Target, JC Penney’s, Macy’s and Gordmons have had to make significant store closings and even take bankruptcy, in some cases. One of the primary reasons given for the revolutionary change to this major economic segment of our economy is online
Current Focus Areas • • • • • • • • • • • •
Drones Sharing Economy Mass Customization Social Marketing IT Consumerization Peer 2 Peer (P2P) Insurance Telematics The Connected Home /Building Artificial Intelligence, Machine Learning, Chat Bots, Guided Conversations (early phases) Artificial Intelligence, Machine Learning, Chat Bots, Guided Conversations (continuing) Internet of Things (IoT) Platforms Advanced Analytics
• • • • • • • • • • • • •
Collision Avoidance vehicle systems (Level 2 and 3) Autonomous Vehicles (Level 4) Speech/Visual Translation 3D Printing – Enterprise Work from Home / Virtual Employee base The Blockchain Bitcoin/Cryptocurency Systems Cyber Liability Software-defined security On-demand product ordering/shipping Cloud Computing Open Source Software Other Disrupted Channels
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purchasing. If it is happening to this sector, there is no rational reason to believe it is not happening in our industry. Our customer base is changing with the general demographic change in the U.S. economy. Gen X, Gen Y and Gen Z view the buying experience differently from our more traditional customer and mature segments. They utilize social media. Shopping online is very natural for them. They are already doing much of their retail purchasing online. So, shopping for insurance online is very easy and natural for them. The question is “are our agencies utilizing the IT tools needed to capture these customers?” The reality is that many of our company partners are working to develop technology tools like mobile apps, in an attempt to capture prospects who prefer online solutions. These companies are utilizing these applications to write new policies, service existing clients, handle
claims, etc. Are we at the agency level able to interface with these customers when they are driven to our websites? If not, would it be unrealistic to anticipate that these companies would question whether those customers belong to the company or the agent.
revenue? It appears to me that having the efficient automation pieces in place and staffs adequately trained to utilize the automation to its maximum, will be the only way agencies can operate profitably in that new insurance environment.
The point being, we must have the IT pieces in place and the working knowledge to work with the prospects/ customers when they utilize various software tools to access the insurance marketplace (Application to Service and Support). If not, we should not be surprised when our company partners make decisions to handle those customers direct.
I say all of this, to say that ignoring or denying the obvious concerning the impact of the internet will not be a successful long-time strategy. Our agencies are seeing a significant shift as a result of the broad use of internet applications, the significant availability of technology tools and the wide range of access points to gain the latest information. Is your agency missing possible applications with Facebook, Google, LinkedIn, Pinterest, Tumbler, Mobile or others? We must accept the fact that our prospects and future customers have more knowledge than in the past because social media has provided them with the ability to learn more about coverages, as well as more about our agencies, before they actually interact with our staffs.
There has been a significantly negative response by agents to company’s reduction in personal lines commissions. However, I’m not certain those agents have focused as clearly on the trend analysis for auto insurance which is projecting a 20% reduction in auto premium over the next 5-8 years. Adding that reduction to the reduced company commission rates, could be devastating to many agencies.
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To what do they attribute these rate reductions? Highly technical safety features now being incorporated on most new vehicles. These include collision avoidance systems, automatic braking systems, lane change alert systems, and autonomous vehicles, just to mention a few. How many agencies could withstand these decreases in
Our agencies, no matter how large or small, must embrace the many changes and opportunities that technology is making available for now and the future. We must engage our staff to improve our workflows and utilize new tools to service our clients. We must make certain that our agency is prepared to work with our company partners as they implement new processes utilizing technologies that prospects are utilizing. The future is now. Individual agency success, and possibly survival, will be directly tied to our ability to take stock of the changing marketplace and place our agency in a position to provide what the next generation of customers is looking for. The changing nature of the risk and our ability to adjust to these changes and capitalize on our strength that comes with the adaption and utilization of these new IT tools that are at our disposal will be key to our future success.
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national director’s REPORT
Independent Insurance Agents March on Washington Independent by Terry McDonald, CIC
Insurance Agents of Iowa
IIABA LEGISLATIVE CONFERENCE, MAY 3-5, 2017 Independent Insurance Agents across America have been marching to Washington D.C. even before it was popular. Every year several hundred and sometimes thousand independent insurance agents from all corners of the United States come together to meet with their respective Congress men and women to examine issues that are current and crucial to their very livelihood. Without this enormous show of strength by many of your peers, issues such as NARAB II (National Association of Registered Agents and Brokers) would linger on without any action. The passage of NARAB II last January was an epic bill that allows agents to seek out one governmental administrative arm to be licensed in all states. Many of you know, dealing with 50 different state commissioners can be time consuming and expensive for small to midsized agencies. But, this victory by the agents helps everyone who deal with risk crossing state lines. 2017 is no exception. President Trump is moving very quickly to enact legislation that may or may not reflect agents core values and views. Being a nonpartisan group, we must come together and discuss with Congress what we feel is best for our industry, our business and most importantly, our clients. I encourage all agents to attend this conference at least once in their insurance career. You will never forget the experience. The issues we will be discussing with our lawmakers individually this year are:
• Crop Insurance • Flood Insurance • Health Care Reform • Tax Reform • Insurance Regulatory Reform • Risk Retention Act Crop Insurance issues – Congress continues to look toward Crop Insurance as an area to cut the budget. Even though our Senators and Representatives understand that a strong agent sales force is the very backbone of this program, we still need to carry this message to Washington. If further cuts in agent revenue con-
tinues, it weakens the entire system. Work is being done on the next Farm Bill right now so we need to be heard. Flood Insurance – The NFIP will expire on September 30th, 2017. Bipartisan legislation, Senate File S.563 and House File H.R.1422 “the Flood Market Parity and Modernization Act, are being introduced by Sens. Dean Heller (R-NV) and Jon Tester (D-MT) and Reps. Dennis Ross (R-FL) and Kathy Castor (D-FL). This legislation allows private flood insurance to satisfy NFIP continuous coverage requirements and clarifies that private insurance satisfies flood insurance mandatory purchase requirements. The Big “I” believes that slowly increasing private market involvement is the answer, but to achieve this goal, government must continue to back the program. Without agent involvement in this very complicated world of flood insurance policies, the program would be struggling. History has proven this very fact many times in the past. When the agents took control of this program some 30 years ago, it was a very complicated system that resembled a backlash on an open face fishing reel. Agents and companies untangled this system and today, participation by policyholders has never been stronger. Health Care – We support the full repeal of the “Cadillac Tax”. This harmful tax unnecessarily adds costs to our agency operations and to the
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small businesses we insure. Congress should protect the employer sponsored healthcare system for the 175 million Americans who depend on coverage. This system has worked for many years and should continue for many more years. In addition, the Big “I” also opposes efforts to cap the tax exclusion for employer-sponsored health insurance, and will continue to advocate for the important role that agents and brokers play in the sale and servicing of health insurance. Tax Reform – IIABA will be urging Congress to address tax rates on small businesses, whether they are Sole Proprietorships, Partnerships, S-Corps or C-Corps. An overhaul of the tax code should simplify taxes and help level the playing field no matter what your entity is used as a small business. Insurance Regulatory Reform – Any legislation or regulatory efforts that would not preserve a state-based
INSURANCE REGULATORY REFORM RISK RETENTION ACT insurance system for regulation would increase inefficiencies to a system that is not broken. Sure, we needed NARAB II to help agents service clients that do business in other states, but that helped agents and clients. Additionally, the Big “I” also supports significantly restricting or eliminating the Federal Insurance Office (FIO). This arm of government was created in the wake of the financial crisis and is only supposed to oversee the insurance industry. But “mission creep” is a real possibility when officials overstep their authority.
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Risk Retention Act Expansion – The last item we will address with Congress is the Liability Risk Retention Act. As agents, we should oppose the expansion of the Risk Retention Groups to write property coverage that will adhere to much lower regulatory standards and will not include many safety features included for
consumer safety requirements. LRRA preempts state insurance laws and puts our clients at greater risk. By the end of the day on May 5, our Iowa agents contingency will have either met with or tried to meet with each and every lawmaker from Iowa. The amazing part about this is, they do listen and they understand who we are. They know the independent insurance agent is one of the last cornerstone business left in just about every community. We do have a voice. Listed below are offices and Senior Government Affairs staff that work diligently every day to watch over Washington DC and keep our business healthy and profitable for years to come. BIG “I” GOVERNMENT AFFAIRS Independent Insurance Agents & Brokers of America 20 F Street, NW, Suite 610 Washington, D.C. 20001 (202) 863-7000 www.independentagent.com Charles E. Symington, Jr. Senior Vice President, External and Government Affairs charles.symington@iiaba.net Jen McPhillips Vice President, Federal Government Affairs jen.mcphillips@iiaba.net Wyatt Stewart Senior Director, Federal Government Affairs wyatt.stewart@iiaba.net
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Interview with
Doug Ommen – New Iowa Insurance Commissioner
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VIEWPOINT:
Today we are visiting with the new Iowa Insurance Commissioner, Doug Ommen. Our readers would love to know about your background before being in the insurance business.
Commissioner:
I grew up in a small town outside of Kansas City, MO. I had that small-town experience with fond memories as a young child. In 1973, my dad moved our family to Kansas City just about the time I was ready to start high school and I spent my high school years in Kansas City. There is a lot about my childhood that I remember, but the most prominent memory of my youth is basketball. I was a highly competitive individual and folks can probably see that in me from time to time even today.
VIEWPOINT:
For the benefit of our readers, how tall are you?
Commissioner:
I still stand at 6’6” and I don’t weigh as much as I used to, but in my playing days I was about 230 pounds. In 1976, during my senior year, our high school team was the Missouri Large School state champion. We were undefeated at 29-0. Three of us were named all-state first team and four of us averaged over 14 points per game. That taught me firsthand the extraordinary value of being surrounded by talented teammates.
VIEWPOINT:
Where did you go to college?
Commissioner:
I was recruited to Missouri University to play basketball. At Mizzou, I played some as a sophomore, but then took an elbow to the eye and suffered a detached retina. Following my sophomore year, I transferred to Rockhurst University in Kansas City. My experience at Rockhurst was great both academically and athletically. We won the district and we twice played in the old NAIA tournament in Kansas City. I finished my undergraduate degree and then enrolled in law school at Saint Louis University in St. Louis, MO.
VIEWPOINT:
Once you graduated from law school how did you end up in the insurance business?
Commissioner:
I was always very interested in law enforcement. I was interested in law and justice from the time I was young, so I went to work for the State of Missouri and joined the Attorney General Office. I handled criminal prosecution of white-collar offenses, including investment fraud and merchandising practice frauds. We also had responsibility for civil antitrust enforcement. I was given more responsibility in time and overall enjoyed 18 years as Chief Counsel for the Trade Offense Division in the Attorney General’s office.
VIEWPOINT:
How did you end up in the insurance regulatory area?
Commissioner:
Before Matt Blunt became the Missouri governor in 2004 and appointed me to serve in the insurance department, he was elected in 2000 as Missouri secretary of state. Blunt asked me to serve as his Securities Commissioner. That position relates to my work now, because we regulate securities and investment transactions in this division as well. I served in the Missouri securities division for four years, and then upon Matt’s election as governor, he asked me to serve in the Department of Insurance where I served from 2005 through 2008.
VIEWPOINT:
How big is the Missouri Insurance Department?
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Commissioner:
When I started with the department it was simply the “Department of Insurance.” There were approximately 220 full-time state employees or twice the size the office that we have here in Iowa. We are very efficient in Iowa and on occasions, we contract for outside expertise. But in 2006, Governor Blunt reorganized the department and assigned me to the regulation over banking, credit unions and the professional licensing boards. So, by the time I left in 2008, I was director of a department with nearly 700 people. We had around 54 professional licensing boards, making it a different job than Insurance Commissioner in Iowa.
VIEWPOINT:
How did you end up in Iowa?
Commissioner:
That is a really good question. First of all, when I left the Missouri department, I was not ready to be out of insurance. Frankly, after serving as Insurance Director, I was disappointed that the Governor chose to not run for re-election. In 2008, a new attorney general asked me to return to the Attorney General’s office as Chief Counsel. Then in 2013, I had a chance to visit with Nick Gerhart at an NAIC meeting, after he had just taken on the role as Iowa Commissioner. We had several good conversations over the next several months and I expressed interest in working with him. One thing led to another and soon he was able to offer me the Deputy position here in Iowa. Missouri does not have the depth of insurance industry that we have here in Iowa, and Iowa has always had great reputation for common-sense regulation and open communication with its regulated industry. I have been a no-nonsense prosecutor/regulator for nearly 30 years and I value straight talk. That high-level of communication is something that I didn’t always hear at the Missouri department, so my view was Iowa would provide a much different, and frankly, more fulfilling experience as an insurance professional. I am grateful to have the opportunity to serve Iowa.
VIEWPOINT:
You started as Deputy at the Iowa Insurance Division in August of 2013, you worked with Commissioner Gerhart and obviously, you recently received a request from Governor Branstad to become our next Insurance Commissioner. Tell us about the transition.
Commissioner:
I am really honored to serve in this state. Obviously, this is a state among all states when it comes to insurance. We are a national leader. When the Governor and Lieutenant Governor asked me to serve, I was really humbled. They expressed an interest in appointing me to serve. I was very humbled and told them I was willing to serve. Commissioner Gerhart had announced his decision to
leave near the end of December, so I had been asked to serve as the interim to serve in the vacancy. I have now received their appointment to serve as the commissioner and recently was confirmed by the Iowa Senate.
VIEWPOINT:
Congratulations! You are fairly unique and to the best of my knowledge, I don’t know if Iowa has had a commissioner that has served as commissioner in another state. What advantages does that bring to the table for you having served in another state?
Commissioner:
Frankly, there is no better lesson on becoming an insurance commissioner than having been a commissioner. I think if you spoke to any of the former commissioners here in Iowa, it is a job that involves “on the job” training. So, I would offer that the work that I did in Missouri, prepared me to fully appreciate the significance of our state based regulation, understand the interaction with other regulators, not just around the country, but throughout the world. Also, I understand the issues that really matter to Iowans, to consumers, as well as the relationships with other parts of government. All of that put me in a position to hit the ground running for the citizens of Iowa.
VIEWPOINT:
As Iowa’s Insurance Commissioner, what is your philosophy about insurance regulation?
Commissioner:
Common sense consumer protection. Everything that we do here relates in some manner to consumer protection. When I say “consumer,” I mean the consumers of insurance products. Whether it is the work that we do in licensing, or investigating complaints in market regulation, or our high-quality financial regulation of insurance companies, our work relates to consumer protection. We are responsible for contributing to a market in which consumers understand the coverage they are purchasing and insurers keep the promises that are made in those contracts. From time to time, we will disagree with agents and with insurance companies, but at the same time, my philosophy is to be open in our communication. We will use common sense and we will be flexible in the way we deal with circumstances. Again, I think that has been the tradition here in Iowa. Since I personally share and embrace that philosophy, it is a good fit.
VIEWPOINT:
What are the tools that you feel you need to do your job appropriately?
Commissioner:
The world of insurance is changing dramatically in the advancement of technology, whether
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it comes to communication and interaction with consumers, or the so-called “big data” being collected and used in rate-making. Our most important “tool” has always been the intelligent, talented people that we employ. People interested in developing themselves and in developing a full understanding of what is happening in a rapidly changing industry.
VIEWPOINT:
What, as regulator, keeps you awake at night?
Commissioner:
There are a number of things that can keep me awake. Right now, I worry about our health insurance markets and the high health insurance premiums for consumers in the individual market. I am also concerned about the fast pace of technological advancements. Can we, as regulators, keep up with the rapid evolution of innovation? I think agents are seeing some of the same issues. The companies are coming forward with new ideas and new methods. We have talked about the issues of technology, big data and predictive analytics, and all of those issues are already here. It’s not an issue of sitting back and looking forward to what is coming, that day is now and those filings are coming in right now. So, what keeps me awake is whether we can keep pace and fulfill our obligations to protect consumers knowing that some of the methods that are now being used are not fully understood by our staff.
VIEWPOINT:
With all of the data that is being collected and so much of it available on the Internet and harvested by companies that the division regulates, is that a concern protecting consumer’s data?
Commissioner:
Yes, first and foremost, protecting the data matters – although so much data is now publicly available through social media. Aggregators or search engines, like Google, where massive amounts of information or data can be harvested from Internet and manipulated are changing the foundations of risk classification. A lot of that information is being compiled in a manner from unregulated sources. The principle of insurance rates for similar risks is being thoroughly tested. But to your point about protecting the compiled information, that is another complicated challenge.
VIEWPOINT:
There are some within the industry that because of the global economy believe it is time to have a Federal regulator versus the current system of State regulation. What is your view of State versus Federal regulation and why do you feel that way?
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Commissioner:
The state insurance regulatory system has been in existence for 150 years and – by and large – I would stand our record as regulators up against any other financial regulatory system in the world. If you contrast our record with the federal government’s takeover of health insurance regulation, or you look at our solvency regulation before and during the 2008 Great Recession, you will conclude that state regulation has been better than federal regulation. It has been sound; we have performed our responsibilities in terms of protecting consumers from financial difficulties. I would suggest that my personal view that state insurance regulation is superior to federal regulation has been proven throughout those experiences. Are we perfect? Clearly, we have work to do. In Iowa we have companies that do business around the world, but we are up to the job and through the NAIC will be effective. Insurance is shaped by state liability laws. Insurance contracts must reflect that local experience. Also, we are close to our citizens. From a consumer protection standpoint, being in Iowa, we are in a much better position to provide access to the people of Iowa. Most of us can share the experience of trying to get an answer from an agency inside the beltway. Consumer are just not going to get the attention they need. We work under the direction and appointment of a state governor. A state governor is more responsive to the people than a federally appointed bureaucrat.
VIEWPOINT:
There are some within the Federal beltway who contend, for example the regulation of approving health insurance companies doing business within a state, they want to tear the barrier down if you will to allow health insurance companies to cross state lines thinking it will lead to more competition. What are your thoughts on why we should still preserve the state regulations on the health insurance side?
Commissioner:
We are open to hearing more about this, but it has not been clearly described to me where those areas of concern come from. It may be that some states have erected barriers to entry or have created difficult regulatory environments. However, just as was confirmed under the ACA, one size does not fit all. Before the ACA, Iowa had one of the lowest uninsured rates in the country. Our individual market is now severely stressed. Congress needs to return responsibility for open competitive markets to the states. For insurers to have access to open competition, consumers need price transparency and health providers will need to compete. Insurance regulators already have pro-competition laws that apply to insurance companies. Some of the impediments to competition are found in concealed prices and the
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inability of consumers to compare price, quality and service. I believe we have the means to promote competition among insurers. I want to hear the proposals for “interstate sales,” but am still uncertain what we are trying to change.
VIEWPOINT:
Doug and Sharon
The National Association of Insurance Commissioners which today most states work very closely with over the last 40-50 years has evolved in an important conduit for insurance regulation, tell us how you see the Iowa Insurance
example. But as the Iowa Insurance Division, we are often asked to provide leadership in the NAIC. This is an expectation for both the Commissioner and assistant commissioners. The NAIC is now very important to our work.
VIEWPOINT:
Is there anything else about the Iowa Insurance Division that you would like to share?
Commissioner:
I would add that when I joined the staff in 2013, the Division’s succession planning was a big priority for us. When Commissioner Gerhart had arrived in January 2013, he found a very talented and experienced staff. But we were also greeted by a large number of individuals very close to retirement. Many have now retired and we have been busy recruiting new talent. But, we have more work to do in this area.
VIEWPOINT:
Is there a hobby that you like to do when you are not working?
Commissioner:
I’m 59 years old and my primary love was and is basketball. I really enjoy March Madness. I also enjoy watching high school basketball. For relaxation, I enjoy pheasant hunting and fishing. I am really looking forward to fishing trips with my grandson, Joel. My wife and I are helping our church start another congregation in Ankeny. Finally, I may coach youth basketball next year to give a little back to kids in our community.
Daughter and son-in-law Kathryn and Harvey Langrehn
VIEWPOINT:
Tell us about your family.
Commissioner:
I have been married to my wife Sharon since 1982. I have two grown children, Mark and Kathryn. Both are married. We have a grandson in St. Louis named Joel (about 7 months old) and we enjoy being grandparents.
VIEWPOINT:
What is your favorite food?
Commissioner:
Division interacting the National Son and daughter-in-law Mark and Association Christine Ommen and grandson Joel of Insurance Commissioners, what that role is and how it will come together as we move forward in the future.
Commissioner:
The NAIC has always been about allowing regulators to share in their responsibilities. It has promoted uniformity in laws and regulatory procedures. We are now asking the NAIC staff to perform services. This is true for licensing, rate and form filing and actuarial review. National Insurance Producer Registry or NIPR is only one
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My mom grew up in south central India. She was the daughter of a Lutheran missionary, so my favorite food is Indian curry. Most people would recognize my Midwestern style, so that taste may surprise people.
VIEWPOINT:
If you weren’t an insurance regulator what would you be?
Commissioner:
I would be a college basketball coach.
VIEWPOINT:
Thank you very much and we want to wish you the best in the future.
Commissioner:
Thank you.
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2017 Rural Agents Conference Highlights
Keynote Speaker Chris Norton
Speaker Dale Perry with Great American
Attorney Michael Reck
Speaker Dr. Wendong Zhang of ISU
Speaker Cheryl Koch
Crop Insurance Panel
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SHIFT Thinking Is the Winning Edge You’ve Been Looking For By Charlie Anderson HEAR CHARLIE IN PERSON AT THE 111TH IIAI ANNUAL CONVENTION, EXPO AND TRADE SHOW ON SEPTEMBER 14TH AT THE PRAIRIE MEADOWS CONVENTION CENTER
My name is Charlie Anderson and I teach sales professionals and sales teams on how to develop a winning edge by helping them find ways to outthink, out-compete, and out-perform the competition. What I’m about to share here is a proven pathway to a level of sales excellence, prosperous growth, and limitless possibility that’s totally different from what you can imagine. But first, some background on me. I’m the founder and President of the Selling Skills Institute and the creator of SHIFT Thinking, a proprietary breakthrough sales training method that’s based on more than five years of field research, complemented with the latest advances in neuroscience, behavioral economics, and psychology. During the past 18 years, I’ve trained thousands of sales producers, account managers, and customer service staffs all across North America. And what I’ve found is that a person’s thinking skills are the key to their success. If you’re currently not as successful as you would like to be, it may be because you are not thinking your way to the top. Successful people think differently than unsuccessful people. To make progress in any endeavor, you must take action. But the success of the action you take depends entirely on how you think beforehand. By restructuring your thinking and enhancing your mindset, you will be able to take just about any situation, sales opportunity, any challenge or circumstance, and increase its results
significantly…even (potentially) exponentially. A SHIFT Thinking mindset… • It’s about seeing possibility where nobody else does • It’s about seizing possibility where nobody else can • It’s about producing far greater yield for every effort and investment than anybody you compete against does • It’s about getting far more profitability, productivity, and performance out of everything you do A SHIFT Thinking mindset is a completely different way of looking at life, at business, at sales…in fact, at everything. With SHIFT Thinking mindset navigating your every sales and business perspective, you’ll never be at a loss regarding what strategy to use, what tactic to avail yourself of, and how to ethically exploit every resource, every relationship, and every sales opportunity that crosses your path. It is the ultimate feeling of success, freedom, and security, knowing the world is constantly generating possibilities for you to profit from. Anything from reaching new profitable buyers, building a robust sales pipeline, doubling the number of qualified appointments you set, winning more profitable sales in less time, and achieving your full earning potential are possible when you learn how to
shift your thinking. One of the reasons people don’t achieve their goals is that they desire to change their results without first shifting their thinking. If you’re willing to shift your thinking, you can change your feelings. If you change your feelings, you can change your actions. And changing your actions can change your life. If you’re willing to commit the time and effort to learn and deploy my SHIFT Thinking mindset and methods, I can virtually guarantee that you will catapult your sales results to a level you never thought possible. After the SHIFT Thinking experience, I promise you will be transformed into one of the most formidable sales champions in your industry. You will have a sense of confidence, certainty, and purpose about your destiny that defies description. Selling Skills Institute is a unique sales training and sales improvement company that designs and implements customized sales educational programs, based on a proprietary SHIFT Thinking methodology, that transform outdated and faulty thinking patterns, drive high-performance behavior, and deliver exceptional sales results for individuals, corporate sales teams, and management executives.
Contact information: Charlie Anderson at 339-927-2746 or email him at charlie@shitthinking.net
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Senator Minority Leader Rob Hogg
Agents on Iowa House floor
Visiting with Senator Majority Bill Dix
Visiting with Lt. Governor Kim Reynolds
There when it matters most to agents.
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That’s why Le Mars Insurance Company has underwriters assigned to our independent agencies. When your agency works with a dedicated underwriter you get the benefit of having an underwriter who knows your agency and who devotes their time to finding solutions that help you deliver the best value to your clients. A dedicated underwriter assigned to your agency, another way Le Mars is “There When It Matters Most” for independent insurance agents.
To learn more visit www.donegalgroup.com or call Rob Faber at 800-545-6480.
WHEN THE
CITY FARM AND
COLLIDE
C
ity dwellers may enjoy a trip to the country for the “peace and quiet,” but when city officials decide to move or expand city boundaries into the countryside to accommodate population growth or increase revenue, it can result in significant changes in the exposures and coverage that a farmer must consider. When vehicle traffic increases, so does the potential for dangerous interaction with farm machinery being operated on roads. Use of farm chemicals near increased population magnifies attention and expands the potential damage that could result from spills, runoff, or spray drift. Increased population, and the resulting opportunities created for non-farm sources of revenue can cause a farmer to “outgrow” his or her coverage if a combination of farm and non-farm liability coverage is not purchased. Loss exposures in relationship to allegations of a nuisance, invasion of privacy, or trespass resulting from sound, smell, and light can be amplified as popula-
By Keith Wilts, CIC, CPCU Professional Training Associates, Inc. Keith@PTA-CE.com Phone: 502-241-8619
tions increase near activities required to produce sufficient sources of food. Chapter 335 of the Iowa Code provides a comprehensive set of county zoning regulations for counties and delegates the freedom and authority to structure each county’s zoning ordinances to meet local needs, plans for development, and control of future growth and development. Section 335.2, commonly known as the “Freedom to Farm Act,” in general terms, states that county zoning regulations do not apply to farm lands and buildings, except when the county adopts an agricultural land preservation ordinance or restrictions placed on
land uses within flood plains. Beyond these two exceptions, county zoning has extremely limited application to any active farming operation. Chapter 414 of the Iowa Code provides a comprehensive set of zoning regulations for towns and cities and delegates zoning authority to the cities of the state. This chapter gives cities broad discretion to separate incompatible land uses and direct future development. A city may zone up to two miles beyond its corporate limits if the area is not already zoned by the county. Standard farm property, homeowners, and dwelling policies make the commitment to pay the cost to repair or replace a building with one that matches as close as possible the building that as it existed prior to the loss or damage. There are several policy provisions intended to exclude or limit payment of the increased costs required to bring a building into compliance with current ordinances and laws or what it would cost if the building was constructed today.
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Changes in zoning requirements and building codes can greatly affect the additional or increased cost to repair or replace damaged buildings, structures, and dwellings. The addition of Ordinance and Law Coverage along with a re-evaluation of policy limits to include zone related costs, such as demolition and debris removal cost required to comply with set-back requirements and increased cost of construction to meet current zoning requirement or building codes, must also become part of the insurance discussion. Because of the applicability of the zoning ordinance, the insured may not be permitted to rebuild or even repair a damaged farm building or the building may have to be rebuilt at a different location because the farm use is non-conforming to current zoning. When a farm, because of changes in zoning, finds itself located in an area rezoned for use other than agriculture, it may be classified as “non-conforming use” and be subject to restrictions on how it can be operated or on its ability to expand. Changes in how the land use is zoned do not require the farmer’s permission or knowledge. Farmers and landowners must be proactive in seeking out information as to what government and developmental planning are taking place for the area in which the farm is located. A review of Iowa law indicates that the term farming has a broad meaning in the state. Iowa’s Chapter 9H: Corporate or Partnership Farming law defines “farming” as “Farming” means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock. Farming shall not include the production of timber, forest products, nursery products, or sod and farming shall not include a contract where a processor or distributor of farm products or supplies provides spraying, harvesting or other farm services. Numerous state laws and regulations are structured to exempt farms or agricultural operations and permit them to escape the cost of litigation or additional construction costs to
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| SPRING 2017
avoid possible nuisance suits. These exemptions from liability for claims of nuisance or limitations on potential damages represent a collection of safe harbors, or defenses, from potential liability that would otherwise apply. For liability coverages, this is one of the most important provisions in the entire policy, particularly since most standard forms provide no specific dollar limit for defense costs and related expenses. An insurer’s duty to defend is a contractual and good faith obligation and is independent of, and broader than, the duty to indemnify. The duty to indemnify is contingent upon evidential facts, while the duty to defend is based on alleged facts. The duty to defend arises when the claim is first asserted. The language in a typical liability insuring agreement restricts the defense obligation to only those suits alleging injury or damage covered by the policy. Insurance Services Office, Inc. (ISO) and the American Association of Insurance Services (AAIS) have a portfolio of a package and monoline property and liability coverage forms designed for farms. ISO and AAIS each provide in their respective farm liability coverage forms an exception to the “business” exclusion for damage arising out of “farming.” AAIS – Exclusion #5 - We “do not pay for “bodily injury” or “property damage” that arises out of the ownership, use, maintenance, rental, or holding for rental of any part of the “insured premises” for purposes other than “farming.” This includes the rental of any part of the “insured premises” for dwelling purposes. However, this exclusion does not apply to a residence rented to a person who occupies and farms the “insured premises” or to a residence on the “insured premises” occupied by no more than two roomers or boarders.
ISO – Exclusion #6 Business Pursuits – This insurance does not apply to: “bodily injury” or “property damage” arising out of or in connection with a “business” engaged in by an “insured.” AAIS GL-610 Ed 2.0 Definition # 6 – “Farming” means the ownership, maintenance, or use of premises for the production of crops or the raising or care of livestock, including all necessary operations. “Farming” also includes the operation of roadside stands and farm markets maintained principally for the sale of the insured’s own farm products, but it does not include other retail activities. ISO FL 00 20 10 06 – Definition # 7 – “Farming” means the operation of an agricultural or aquacultural enterprise, and includes the operation of roadside stands, on your farm premises, maintained solely for the sale of farm products produced principally by you. Unless specifically indicated in the Declarations, “farming” does not include a. Retail activity other than that described above; or b. Mechanized processing operations. An ISO or AAIS Farm Liability policy only provides coverage for defense and damages arising out of the use of premises, farm vehicles, buildings, farm personal property, farm equipment, and animals for “farming.” The reason is because “farming” is not considered a “business” and therefore is not subject to the “business” exclusion(s). However, use of premises, vehicles, buildings, personal property, equipment, and animals for non-“farming” purposes are not provided protection for defense or damages. Thus, the client would need to purchase a Commercial General Liability (CGL), Businessowners Policy (BOP), or other business or personal liability policy or endorsement. Insurance policies sometimes use defined terms to expand coverage, while at other times, defended terms are used to exclude or limit coverage. A CGL, for the most part, provides protection for any business activity engaged in by a named insured. A Farm Liability policy, on the other hand, excludes coverage for any business activity that falls outside of “farming” as defined by the policy.
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My Introduction to Political Action Committees (PAC) Independent by Tom O’Meara, Chief Operating Officer
Insurance Agents of Iowa
SECURING OUR FUTURE For over 35 years, my participation in politics consisted mainly of pulling a lever or filling in an oval on election day. Occasionally I would volunteer my time to campaign for a candidate who I felt would be a strong leader and conformed with my political ideologies. However, I never considered making a financial contribution to a candidate’s campaign. Of course, I knew it cost money to run and win a campaign; however, I always felt that my contribution would not be significant enough to make an actual difference. The reality is, I thought my contribution would embarrass me personally more than help a candidate run a successful campaign.
T
hat is until I began my career with the Independent Insurance Agents of Iowa in October of last year. When I started, we were heavy into the political campaign season with elections just around the corner. Often at the end of the day when I thought my work day was about over, Bob Skow would come by my office and advise me that we had a political fundraiser to attend later that evening. This was a completely new experience for me especially since I came from State Government where this practice was not even allowed as part of my job function. I did not know what to expect from these fundraisers, but as I began to attend more and more of these events, things eventually began
to fall into place for me. Mainly, my role was to observe and learn. This came relatively easy to me. Not because I was a natural born lobbyist, rather, I was given the opportunity to learn from 2 of the best in the business - Bob Skow and Larry Blixt. I can’t say for sure but I would guess between the two of them they have at least 75 years combined political experience between lobbying and being a legislator. One of the first things I picked up on is to show up to the functions in person and put your name and face in front of the candidate we are supporting. This pays huge dividends down the road when we need to meet with the politicians to discuss issues that we are either supporting or are fighting against for our members.
And most important, I learned that our PAC contributions do make a difference. Be it right, wrong, or indifferent, politicians are human beings first and they do remember the organizations that were there to help support their campaigns financially. For the first time in my life, I have witnessed that contributions from members to PACs do matter, regardless of the dollar amount. It boils down to the theory of large numbers that most of us deal with in our daily professional lives as insurance agents. Several donations of a smaller amount often equate into a larger number than a few donations of a larger amount. It’s not to say that politicians are going to automatically support our beliefs or positions based on a contribution, however I will say from what I have witnessed, they will at least be willing to sit down with us and listen to what it is we should say and the reasons behind our views. So, to those of you who have regularly donated to our PAC, thank you, as your contributions truly have made a difference. And to those of you, like me, who historically have felt that your contributions would be too small to make a difference or simply “do not matter”, this is not the case. Any donation will help all of us in securing our future as one of the strongest Insurance Associations in the country.
SPRING 2017 |
| 31
Your customers like working with a local agent to handle their insurance. We think you deserve the same kind of attention. That’s why EMC has a fully staffed branch office in your area — to respond quicker and with a greater understanding of your area’s needs. It’s just one of the many reasons you and your policyholders Count on EMC ®. JEFF LESS, AU Senior Marketing Representative EMC Des Moines Branch
LOCAL SERVICE FOR YOU
AND YOUR CLIENTS. DES MOINES BRANCH OFFICE
www.emcins.com
Phone: 800-362-2227 | Home Office: Des Moines, IA
©Copyright Employers Mutual Casualty Company 2017. All rights reserved.
CEED ECEIVE A PRO R YOU F I ULLY
EF
CAR
By Mark Shackelford, Senior Underwriter, Vice President Swiss Re Corporate Solutions
O
ver the past few years, we have seen an increase in the number of subpoenas served on insurance agents even if they are not a party to the litigation. How those subpoenas are handled can mean the difference between whether or not they develop into E&O lawsuits. The purpose of this article is to instruct and inform you as to how to proceed should you ever be served with a subpoena in litigation wherein you are not a party to the lawsuit. Any agency receiving a subpoena should proceed with caution. Though the caption on the subpoena does not list the agency as a party to the litigation, the fact remains that a legal proceeding is pending and it is not difficult for the lawsuit to be amended to add the agency as a party. Sophisticated attorneys will often serve subpoenas in order to try and obtain documents or testimony that could help support a claim against your agency. For this reason, we suggest every agency should have procedures in effect as to exactly what must be done if it receives a non-party subpoena. An agency that receives a subpoena is legally obligated to comply with that subpoena, or it runs the risk of possibly being held in contempt of court, even if the subpoena is somehow defective. A subpoena cannot simply be ignored or disregarded. For this reason, Swiss Re Corporate Solutions always suggests that an attorney be involved to assist the agency in responding to any
subpoena received. Often, a subpoena is defective because it fails to comply with the statutory requirements for service, or it requests information that is beyond what is permissible. If your agency responds without the assistance of counsel, it is possible that it will be complying with an improper subpoena and, thus, disclosing information that it is not required to be disclosed pursuant to state law. In fact, responding to a defective or improper subpoena may result in an agency disclosing information that may be protected by state insurance regulations or Federal laws. Therefore, an agency that responds to a defective or improper subpoena puts itself at risk of facing a possible E&O claim, lawsuit, or possible regulatory action. There are three types of subpoenas that an insurance agency and insurance agent might receive when the agent and agency are not parties to a lawsuit. One, a subpoena that demands documents and electronically stored information (“ESI”). It is important for you to be represented by a lawyer when you produce the documents and ESI. For example, the documents and ESI might contain financial information about the insured that is confidential and might not otherwise be something to which the party issuing the subpoena has a right to obtain. The documents and ESI should be reviewed by your lawyer to ensure the proper documents and ESI are disclosed.
The second type of subpoena requires someone to appear at a deposition or trial to testify. Usually it is a deposition for a lawsuit involving one of your insurance customers. Again, it is important for an agent to be represented by a lawyer. The lawyer will review the pertinent materials with you and help prepare you for your testimony at the deposition. It is preferable to be prepared when you testify. It diminishes the chance the agency will be brought into the lawsuit as a party. Moreover, a lawyer will attend the deposition with you to ensure the rules of court are followed and that your rights are protected. For example, the rules of court, depending upon the state, usually require the agency to be compensated for the work it performs producing the documents and compensation for an agent’s professional time spent attending a deposition. Your lawyer will negotiate the compensation with the attorney who served the subpoena on your agency. The third type of subpoena is a combination: a subpoena that commands your agency to produce documents and commands a person from the agency to testify at a deposition. You should immediately contact Swiss Re Corporate Solutions. We will assign an experienced lawyer to review the materials, prepare you for testifying, and to ensure the rules of court are followed. Many E&O policies contain language that defines a “claim” or “potential claim” against the agency as including the receipt of a subpoena. For this reason, it is a good practice for every agency to review the language contained in its E&O policy related to subpoenas so that it understands the policy terms and provisions related thereto. Our recommendation has always been that when an agency receives a subpoena it should immediately advise Swiss Re Corporate Solutions of the subpoena. For example, the language contained in the Swiss Re Corporate Solutions E&O policy, issued to MIIAB members through Agents Assistance Corporation, defines a claim as including the
SPRING 2017 |
| 33
receipt of “a summons, a subpoena, or any other notice of legal process.” As such, an agency that receives a subpoena and responds to it on its own without notifying its E&O insurer runs the risk that it failed to report a claim in compliance with the terms of its E&O policy. This failure to provide notice to the insurer could potentially result in a disclaimer of coverage by Swiss Re Corporate Solutions for any claim or lawsuit that may arise in connection with it. An additional reason why an insurance agency should advise its E&O insurer of a subpoena that it receives is because many E&O policies provide coverage to help assist the agency in complying with the subpoena. As an example, your current Swiss Re Corporate Solutions E&O policy provides subpoena coverage of $10,000 per policy year, which is not subject to a deductible, to have counsel assigned to help the agency respond to subpoenas. In our
experience, an agency with an attorney involved in responding to a subpoena is less likely to be dragged into litigation. It is for this reason E&O insurers provide this type of subpoena coverage. Every insurance agency should make certain that it has an established procedure in effect concerning how it will deal with any subpoena it receives. It should also ensure the procedure is known and followed by all employees. As part of that procedure, there should be a method for notifying the E&O insurer for the agency about a subpoena it receives. If, after being notified about the subpoena, the E&O insurer declines to assign counsel to assist in responding to the subpoena, the agency should then consider whether it may be best to retain counsel on its own. By following these steps, the prudent insurance agency will be in a better position to avoid becoming a party to litigation related to a subpoena it receives.
This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/or its subsidiaries and/or management and/or shareholders.
Call your Big “I” Errors and Omissions Team! Three Reasons your Errors and Omission Coverage should be with your Association
W
hen it comes to your agency professional liability insurance who can you trust more than the Big “I”? First we have membership discounts with the three main markets for agents errors and omissions insurance, second we have a team of errors and omissions professionals to assist you and help answer your questions, and third we are the only market that actively puts your association clout to work passing liability laws which help make Iowa a great place to operate your agency! So if your coverage is not with us…call and get a quote! Marilyn Paul, CPCU, AIT, AAM, CPIW; Brenda Kluger, CRM, CIC, CISR, CIIP and Megan Kincy, AIS, AINS along with CEO Bob Skow, CPCU, CAE are here to help you! 800-272-9312
Looking for E&O answers, agency resources or tips? Check out the E&O Happens website – www.independentagent.com/eohappens Sign in with your Big “I” username and password to access the information
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| SPRING 2017
WHY WALK
WHEN YOU CAN SOAR?
Swiss Re Corporate Solu ons policyholders: Don’t miss out on the invaluable risk management resources available exclusively to you. Log in to www.iiaba.net/EOHappens to access claims sta s cs, preven on tools, insigh ul ar cles and more.
THE BIG “I” PROFESSIONAL LIABILITY PROGRAM Prevent.
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When you know you have the best agency E&O Protec on, you can focus on growing your most important asset–your business.
The Big “I” and Swiss Re Corporate Solu ons are commi ed to providing IIABA members with leading edge agency E&O products and services. IIABA and its federa on of 51 state associa ons endorse the comprehensive professional liability program offered by Swiss Re Corporate Solu ons.
Visit www.iiaba.net/EOContact to connect with your state associa on today.
Insurance products underwri en by Westport Insurance Corpora on, Overland Park, Kansas. Westport is a member of Swiss Re Corporate Solu ons and is licensed in all 50 states and the District of Columbia.
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INDEPENDENT INSURANCE AGENTS OF IOWA 4000 Westown Parkway, Suite 200 West Des Moines, Iowa 50266
PRSRT STD U.S. Postage Paid Des Moines, IA Permit No. 2538
2017
INDEPENDENT INSURANCE AGENTS OF IOWA PROGRAMS SPONSORS A special thank you to the following sponsors for supporting IIAI’S Conferences and Programs in 2017.
PLATINUM
GOLD
EMC Insurance Companies Grinnell Mutual Reinsurance The IMT Group Independent Agents Service Corporation Motorist Insurance Group Nationwide Insurance Progressive United Fire Group
AAA Minnesota/Iowa Continential Western Insurance Co.
S I LV E R Farmers Mutual Hail Great American Insurance Companies GuideOne Insurance LeMars Insurance Company Merchants Bonding Company Partners Mutual Insurance Company Pekin Insurance QBE/NAU
BRONZE Accident Fund/United Heartland Acuity Auto-Owners Insurance Columbia Insurance Group Diverisified Crop Insurance Services Hastings Mutual Insurance Company International Ag Insurance Solutions Markel Corporation
M.J. Kelly Company of Iowa North Star Mutual Insurance Company ProAg Rain & Hail Insurance Services Inc. SECURA Insurance Selective Insurance Company SFM Mutual Society Insurance
West Bend Mutual Insurance Company Western National Insurance Westfield Insurance
Independent
Insurance Agents of Iowa