The Oregon Agent, Winter 2016

Official Publication of the Independent Insurance Agents and Brokers of Oregon

Winter 2016

IIABO 2016 Annual MidWinter Education Symposium

“Lighting The Way” The Top 8 Sales Success Traits The Little Stuff That Drives Your Customers Away Potential E&O Claim: Should I Report it to My E&O Carrier?

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The Oregon Agent • Winter 2016

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OREGON

Agent

CONTENTS

WINTER 2016

Page 14

Page 20

Page 10

Page 29

IIABO Office 5550 SW Macadam Ste 305 Portland, OR 97239 Phone: 503-274-4000 Fax: 503-274-0062 Toll Free: 866-774-4226

Page 22

IIABO Staff Directory

Sr. Vice President Marketing & Communications Barb Demings barbd@insureoregon.org Vice President Education & Finance Tyra Dressel tyra@insureoregon.org Asst. Vice President Agency Products & Services Abby Kahl abbyk@insureoregon.org IIABO Lobbyist Roger Beyer roger@rwbeyer.com The Oregon Agent is a publication of the Independent Insurance Agents and Brokers of Oregon and is published quarterly by Blue Water Publishers, LLC. IIABO reserves the right in its sole discretion to reject advertising that does not meet IIABO qualifications or which may detract from its business, professional or ethical standards. IIABO and Blue Water Publishers, LLC do not necessarily endorse any of the companies advertising in the publication or the views of its writers. The publisher cannot assume responsibility for claims made by advertisers, content provided by the editor, or for the opinions expressed by contributing authors.

For more information on advertising, contact : Jim Aitkins Blue Water Publishers 22727 161st Avenue SE Monroe, WA 98272 360-805-6474 fax: 360-805-6475 jima@bluewaterpublishers.com

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The Oregon Agent • Winter 2016

6

Letter from the President, Trish Fulwiler

8

IIABO 2015 - 2016 Leadership

10 The Top Eight Sales Success Traits 14 IIABO 2016 MidWinter Education Symposium Information & Registration 16 Evidence of Property Insurance: Replacement Cost Estimator & “100% Replacement Cost” 20 The Little Stuff That Drives Your Customers Away 22 Drones, Risk Management and Insurance: What You Need to Know 26 Potential E&O Claim: Should I Report it to My Carrier?

29 Why and How to Cold Call

ADVERTISER INDEX

Executive Vice President Jim Perucca jimp@insureoregon.org

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FROM THE IIABO PRESIDENT

Trish Fulwiler J.D. Fulwiler & Company

T

The wheels are turning at the IIABO office and 2016 looks to be another exciting year. By the time this issue of the Oregon Agent is published, over 300 people will have attended the January 7, 2016 Forecast Breakfast. This annual event has completely sold out over the last several years.

In April, the IIABO leadership will join 49 other IIABA states for the Annual Legislative Conference in Washington DC. In a remarkable show of grassroots strength, over 1,500 agents meet to discuss issues on “the Hill” in face to face meetings with their representatives in congress and the senate.

Looking ahead at the balance of my term as president, I can share that March 3rd and 4, 2016 are the dates for the Annual MidWinter Education Symposium in Lincoln City. This year our instructor is Richard Clarke, CIC, CPCU, RPLU, CITRMS. Richard is Senior Vice President with J. Smith Lanier and Company. He is an accomplished instructor, expert witness and consultant to insurance company’s product development departments.

Mark August 21-23, 2016 for the 88th Annual Convention, “MAKE IT HAPPEN”. While there are many fun activities at the convention, at its core, the convention is about value and workshops that will help create better producers, owners and agency managers. The convention includes golf, an always sold out exhibit hall and lots of prizes---and incredible pricing for multiple attendees from the same agency. A great opportunity for team building.

Besides being the “fastest” 12 hours of OR/WA CE, the MidWinter Education Symposium has become almost a mini convention. The two day event includes breakfast and lunch each day and a hosted reception on the 4th, all at the spectacular Inn at Spanish Head.

Spouse activities this year will provide an opportunity to join others for a cooking demonstration/lunch/wine paring March 3rd at the Lincoln City Culinary Institute.

Sixteen company sponsors and exhibitors add company people to the mix.

To make sure you don’t miss anything, mark your calendars now!

I hope you have a prosperous 2016! Remember, the IIABO is there to serve members and please use both the board of directors and staff as “your” agency resource. Call me if you would like to get more involved.

Trish Fulwiler President, IIABO 503.293.8325

Your association staff: Executive VP

Jim Perucca

503-274-0583

jimp@insureoregon.org

Sr. Vice President

Barb Demings

503-274-4000 ext. 26

barbd@insureoregon.org

Vice President

Tyra Dressel

503-274-4000 ext. 31

tyra@insureoregon.org

Asst. Vice President

Abby Kahl

503-274-4000 ext. 23

abbyk@insureoregon.org

Toll Free Numbers:

6

The Oregon Agent • Winter 2016

1-866-77-IIABO or 1-866-774-4226

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2015 - 2016 IIABO LEADERSHIP The IIABO Board of Directors is a diverse group of insurance professionals representing the varied interests of agents throughout the State of Oregon. We would like you to learn more about these volunteer leaders and the years of experience they bring to the association.

Trish Fulwiler President, IIABO President, J.D. Fulwiler & Co. Portland, Oregon - 24 years

Kay Hunkapillar President Elect, IIABO President, Wheatland Ins. Ctr., Inc. Pendleton, Oregon - 46 years

Brett Slater Vice President Chief Operating Officer, Slater & Assoc. Insurance, Inc. Tualatin, Oregon - 26 years

Ed Davis Past President, IIABO Maps Insurance Services Salem, Oregon - 49 years

TJ Sullivan Legislative Chair, IIABO Huggins Insurance Services Salem, Oregon - 18 years

Keith Blackerby Finance Chair, IIABO Chief Operating Officer, Bisnett Insurance Offices throughout Oregon - 28 years

Mark Atkinson Board Member President, Atkinson Insurance Group Portland, Oregon - 25 years

Steve Fitzwalter Board Member President, Rogers, Fitzwalter & Powell Portland, Oregon - 40 years

Brian Wilbur National Director, IIABO Owner, Pacific Insurance Partners Forest Grove, Oregon - 21 years 8

The Oregon Agent • Winter 2016

Debbie Flores Board Member KPD Insurance, Inc. Springfield, OR - 29 years

Gary Githens Board Member Data Breach Specialist Brown & Brown NW Bend/Portland, Oregon - 35 years

Greg Horner Board Member Commercial Lines Producer, Insurance Partners, LLC Portland, Oregon - 20 years

Joe Hubbard Board Member Managing Partner, The Protectors Insurance Medford, Oregon - 31 years

Marty Kantola Board Member Owner, Chet Hill Insurance Portland, Oregon - 30 years

Debbie Krambeal Board Member President, CAL/OR Insurance Specialists, Inc. Brookings, Oregon - 32 years

Matthew Pidcock Board Member Co-Owner, Valley Insurance LaGrande, Oregon - 17 years

Steve Smelley Board Member Chief Operations Officer, PayneWest Insurance Beaverton, Oregon - 25 years

John Timm Board Member President, Timmco Insurance, Inc. Portland, Oregon - 39 years

Adam Harris Board Member Vice President, LaPorte & Associates, Inc. Portland, Oregon - 18 years

Insurance carriers and service providers do not serve on the IIABO board of directors, but support the association as Associate Members, Sponsors and Exhibitors. If you want to learn more about the IIABO, or if you would like to get involved, please contact any of these individuals. If you are not a member, please email Jim Perucca, jimp@insureoregon.org for information on membership.

Winter 2016 • The Oregon Agent

9

THE

TOP

8

Sales Success Traits

What Makes the Top Salespeople the Top Salespeople?

By John Chapin

While the answer to this question might seem obvious, the top sales success traits aren’t always that simple. In over 27 years in the industry, I’ve seen lots of great salespeople and all of them always have the following eight traits.

1

LASER FOCUS ON WHAT’S IMPORTANT No matter what’s going on with the economy, in the industry, or in the world in general, top salespeople always hit their numbers. They always manage to make the calls, and ultimately, the sales that they need to make. This comes from the realization that, as a salesperson, only one thing counts: how much you sell.

Top salespeople know that, no matter what, they simply have to do the necessary prospecting, presenting, and closing and they are committed to get them done regardless of what’s going on around them. As a result, they always sell more than anyone else in good times and in bad. Changes in price, competition, rules and regulations, and other factors that sidetrack other salespeople, never seem to affect them.

They also don’t get bogged down in other peripheral items such as: research, having the “perfect” call, paperwork, or other items that keep them from talking to prospects and selling.

2

WORK ETHIC Top salespeople are the hardest working people around and they do the work necessary for success. They also work smart, but when it comes to making phone calls, knocking on doors, and doing the other grunt work, they don’t look for short cuts or the easy way out, they simply do it. They show up before everyone, work after everyone, and they get more accomplished than everyone else. They answer their phone before and after 10

The Oregon Agent • Winter 2016

business hours and they are super responsive. If they are in the twilight of their career, they may not put in the hours and work as hard as they once did, but when building the business initially, no one outworked them. Also, when they have to, they are still willing to do what needs to be done.

3

AN ABILITY TO ACT IN SPITE OF FEAR AND STEP OUT OF THEIR COMFORT ZONE Salespeople can become awfully creative when it comes to staying in their comfort zone and avoiding that which they fear. In 27 years I’ve heard some of the most ridiculous excuses as to why people can’t make calls, can’t close the deal, and ultimately can’t or won’t do what’s necessary for success. I’ve heard excuses related to pets, kids, religion, health, politics, and other concerns that are so ridiculous, if I gave an example, you’d think I made it up. Top salespeople on the other hand, step out of their comfort zone and face and overcome fear every single day.

They make the call they are afraid to make, try the crazy idea that might embarrass them but just might work, and they do whatever it takes to be successful regardless of how scared they are. In short, they simply do what needs to be done regardless of their fear or discomfort.

4

HAVING INTEGRITY AND CHARACTER While you can have some short-term success in sales without either of these, long-term success is impossible without both. Integrity and character involve being honest with people and truly caring about them.

With integrity and character you will not make a sale unless

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it is right for both parties involved.

You will also always do what’s right for the person you’re selling to even if that means sending them to the competition. Granted, you shouldn’t have to do that too often; if you do you are selling the wrong product or are with the wrong company.

That said, you need to be willing to do what’s right regardless of the situation or circumstance. Knowing that, at the end of the day, all you have is your reputation.

“Top salespeople have complete and total belief in themselves”

5

John Chapin is a sales and motivational speaker and trainer. For his free newsletter, or if you would like him to speak at your next event, go to: www. completeselling.com John has over 27 years of sales experience as a number one sales rep and is the author of the 2010 sales book of the year: Sales Encyclopedia. For permission to reprint, e-mail: johnchapin@completeselling. com.

John Chapin 508-243-7359 - 24/7 johnchapin@completeselling.com www.completeselling.com

A FOCUS ON PEOPLE AND RELATIONSHIPS Related to the above, your focus needs to be on people and long-term relationships. At the end of the day, unless you’re selling batteries at Walmart, the most important element in the sale is the relationship. This also means you need to be staying in touch with people and continually developing and strengthening relationships. In the end, your long-term success will come down to the loyalty and size of your network.

6

PREPARATION Top salespeople are always well prepared. They have great answers to questions, objections, and all other items that might come up during a prospect interaction. They are continually upgrading their skills and developing themselves personally and professionally. They constantly get better at selling, communication, and understanding other people.

7

Integrity

Service

Security

Stability

CONFIDENCE Top salespeople have complete and total belief in themselves, their product, and their company. Top salespeople truly believe that others must have their product and they believe that their customers’ lives are much improved as a result of owning their product. Top salespeople know that the first sale is to yourself. You have to have complete belief and conviction in yourself and your product before you can sell anyone else.

8

ACCEPTING 100% RESPONSIBILITY FOR SUCCESS OR FAILURE Top salespeople take 100% responsibility for everything in their lives. They realize that success in all areas of their lives is up to them and not determined by outside factors such as the economy, the market, or other people.

Everything starts and stops with them.

12

The Oregon Agent • Winter 2016

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The Oregon Agent • Winter 2016

Winter 2016 • The Oregon Agent

15

Evidence of Property Insurance:

Replacement Cost

“100% Replacement Cost” Estimator &

Should agents alter wording on an EPI that a dwelling is “covered for 100 percent replacement cost” at the request of a lender? Should you provide them with your agency’s Replacement Cost Estimator report on a dwelling?

David Thompson, CPCU, AAI, API, CRIS Florida Association of Insurance Agents

T

That single-page form called an Evidence of Property Insurance (EPI) has generated more email in the past six months than any of the other 16 years I’ve been with the Florida Association of Insurance Agents. The reason is that agents are being barraged with lender requests/demands for wording such as: •

“Full Replacement Cost”

•

“100 percent replacement cost”

•

“Guaranteed replacement cost”

•

“100 percent guaranteed replacement cost”

At a recent E&O class an agent told me, and in front of about five managers, that “I put ‘guaranteed replacement cost up to policy limits’ on the evidence of insurance.” I immediately reached for the valium!

It should be an invariable practice of an agency to insure structures for 100 percent of the estimated replacement cost. Doing that, however, is NOT THE SAME as stating “100 percent replacement cost.” The problem, to sum it up, is that the policy does not support that statement, nor does it support any of the other lender request statements above.

It’s key to understand what the policy DOES say about the loss-settlement provisions after a loss. This wording, in part, is from the standard ISO homeowners policy: 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, 16

The Oregon Agent • Winter 2016

outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; at actual cash value at the time of loss but not more than the amount required to repair or replace.

2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80 percent or more of the full replacement cost of the building immediately before the loss, we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount actually spent to repair or replace the damaged building. d. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete.

Some examples will illustrate how the insured could suffer

Winter 2016 • The Oregon Agent

17

a loss to the building item, but be paid on an ACV-basis and not on a replacement-costs basis.

• In a misguided move to save money, the insured removes “replacement cost on contents” coverage from the policy. A fire damages the house to include wall-to-wall carpet and built-in appliances. While these two items are clearly building items, the unendorsed policy states that losses to these items are ACV. Had the “replacement cost on contents” endorsement been added, the loss would be settled on a replacement cost basis. ACV applies, not replacement-cost loss settlement.

•

•

•

After a loss that destroyed an attached carport and attached screened-in patio, the insured decides not to replace those parts of the dwelling and just pocket the money. The policy states that for replacementcost loss settlement to apply, the insured must make the replacement. Since that was not done, ACV loss settlement applies, and there is no replacement-cost settlement.

The insured makes a significant addition to the house and fails to advise the agent. After the loss, it’s determined that the house is not insured to 80 percent of the replacement cost. Therefore, replacement-cost loss settlement does not apply and the insured is paid the greater of the ACV or the amount due after the application of a coinsurance penalty.

A windstorm severely damages the house and totally destroys the insured’s $8,000 wooden fence. The policy states that other structures that are not buildings are settled on an ACV basis. Replacement-cost loss settlement does not apply.

Imagine the insured, lender or worse yet the insured’s attorney presenting an EPI that stated, “Replacement cost up to policy limit.”

Putting any wording on an Evidence of Property Insurance (or any other document) that is not supported violates Florida Statute 626.9541 [EDITOR’s NOTE: In SC, this practice would also be considered a misrepresentation of the policy provisions, which is a violation of the SC Unfair Trade Practices]. Any insurance professional using such wording runs the risk of disciplinary action to include possible loss of license and/or significant fines.

18

SwissRe recently stated that: Agents should not provide copies of any RCE, ever. The agency has no relationship with the lender and is under no obligation to do so. We don’t recommend that they provide it to the customer either. If they don’t provide it to the customer, then they shouldn’t provide it to anyone. It is the lenders job to determine what they think the value of the house is, the agent is not a real estate appraiser. At most they can provide an ACORD form certificate of insurance and nothing else.

In addition, taking on a (voluntary) role advising the lender is ill-advised. Valuation issues regarding the adequacy of limits in place drive a lot of our commercial exposures. Most, if not all, lenders confirm property valuation before agreeing to loan money, so the lender is in a much better position to evaluate property value than an insurance broker. It sounds like the lenders have recently been to some seminar where the advice was given to obtain the RCEs from the agents/ brokers.

An additional thought: every time the issue of limits/ replacement cost is raised, that probably is a moment where the agent/broker should respond with a comment to the effect that, “Our office is not able to evaluate, and has not evaluated, the actual cash value or replacement cost of this property. The

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If the lender requests/demands such wording, prepare the EPI exactly as per the ACORD Forms Instruction Guide and send it along with a copy of the homeowners policy to let the lender read the policy on their own.

For further information or details please see our website: www.bceconsulting.co or contact:

An agency should not provide the Replacement Cost Estimator to a lender. A reply such as, “On the advice of our professional liability insurance company and on the advice of our legal counsel, we are unable to provide the document(s) that you have requested.”

Jeff Bronaugh, CPCU, CLU, ChFC, CIC jeff@bceconsulting.co 404 3rd Ave S, Edmonds, WA 98020 (520) 343-4394

The Oregon Agent • Winter 2016

property owner and lender are in the best position to evaluate the value of real estate. We urge you to have the property (re)appraised by a licensed appraiser on a regular basis to ensure that the limits in place are, and remain, adequate.“ Remember, most importantly, that the Replacement Cost Estimator is only what the name says, an estimate. Calculating the replacement cost of a structure is not an exact science, and if you were to use three different RCE vendors on the same structure, you’d get three different figures. Likewise, if you asked three different builders to prepare an estimate to build a structure, you’d get three different figures.

lender wants to determine the replacement cost of a structure, they have resources available to do that. Resources to get an appraisal that includes the replacement cost by contracting with a firm that specializes in replacement cost estimates or to use a service such as e2Value, which provides replacement-cost software.

While an agency certainly does not want to stand between the customer and a loan closing, the agency must also take steps to protect themselves. Providing the Replacement Cost Estimator to anyone outside the agency increases the E&O exposures of the agency. Requests to provide the Replacement Cost Estimator coupled with a request on the Evidence of Property Insurance for wording such as “100 percent/guaranteed/full replacement cost,” can’t be honored. Placing such wording on an Evidence of Property Insurance forms misrepresents the policy.

Additionally, while some lenders may say their guidelines require them to get a copy of the Replacement Cost Estimator, there is no such requirement in the Fannie Mae guidelines, which a majority PPPʼs Property Manager Program of Generic lenders fall Ad backfor on. Furthermore, there is no obligation of an 7.25 xagency 4.625 insurance to comply with guidelines drafted by a lender.

David A. Thompson, CPCU, AAI, API, CRIS began his insurance

Job #3343

It’s well established today that many appraisers no longer provide an estimated replacement cost on their appraisal. I personally spoke with one appraiser who said, “I know a lot about the market value of a house but, I’m not a contractor and I know next to nothing about rebuilding costs. I’m not putting my license and career at stake by guessing at the replacement cost of a house.”

The same approach is taken by many insurance agents. If the

career in a family-owned independent agency in Vero Beach, Florida, where he was a licensed agent selling all types of insurance. He’s been with the Florida Association of Insurance Agents for nearly twenty years, where he presents continuing education seminars throughout the country on a variety of industry topics. Contact him at dthompson@faia.com.

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Winter 2016 • The Oregon Agent

19

The Little Stuff That Drives

YOUR CUSTOMERS AWAY

With all the talk today about the need to create a great experience for customers, why are so many companies overwhelmed with a tidal flood of customer complaints?

Much of it is little, picky stuff. But small things get big in a customer’s mind, and the next thing you know, the customer is gone — for good. Spotting the little stuff that upsets the customer is the first step. The next one is doing something about it.

Here are examples of little stuff that drives customers crazy — and away:

By John Graham 1. “We make it easy for you.” For many customers, these words are a red flag. They’ve been duped too often. What’s easy from a company’s viewpoint may be complicated and confusing to its customers. Check with them before using “easy” or “convenient.”

2. Counter-intuitive websites. If visitors get confused when trying to navigate a website, they leave, unwilling to spend any time trying to figure it out. Websites are a marketing tool that must make sense to users.

3. Making excuses. “Sorry you had a problem. I gave that to my assistant to take care of….” Or, “I meant to get back to you but I was in meetings all afternoon.” Such words inflame customer rage, and send the message that someone is disorganized, distracted or incompetent. Companies should be an “Excuse-Free Zone.”

4. Slow is a killer. Amazon’s “1-click,” Apple pay, and 4-hour (or less) delivery all point in one direction: fast is never fast enough, as customer expectations go higher and higher.

Slow, by whatever standard, isn’t tolerated.

5. Having to repeat your story. It’s not only frustrating and drives customers out of their minds, but there’s no acceptable reason why it should occur. Yet, it happens all too frequently. “Isn’t this information already in your computer?” a customer asks. The response is often an unsatisfactory excuse.

20

The Oregon Agent • Winter 2016

6. Being put on hold endlessly. There is nothing worse that having to hear the same words repeated endlessly: “Your call is important to us. A representative will be with you shortly.” After 25 times the voice adds, “We’re sorry for the inconvenience.” The message the customer hears is different: “My call isn’t important to you.” Customers retaliate by leaving.

“COMPANIES SHOULD BE AN EXCUSE FREE ZONE” 7. Getting differing answers. “The salesperson assured me…,” says the customer when making an inquiry a week later. “Oh, we’ve never done that,” according to someone else. It raises the question, “Can I trust this company?

Am I going to get what I expected?” Creating doubt drives customers away.

8. Putting customers on the defensive. When they asked why something occurred without prior notice, the manager said, “We sent an email to everyone and posted the notice.”

That’s how to make customers feel stupid. A better approach may have been, “I understand how you feel if you didn’t get the email. I’ll make sure that’s corrected.”

9. Lack of knowledge. Even five years ago, having to deal with people who lacked knowledge was irritating, but often ignored. Today, with instant access to endless sources, customers won’t tolerate it. If customers want help, they’ll find it. Ignorance isn’t bliss; it’s lost customers.

10. Faking answers to questions. Customers may not know everything, but they figure it out fast when someone makes up answers. It sounds basic, but employees should be empowered to get accurate information.

11. Getting passed around. After telling your story, there is nothing more aggravating than to be told, “You’ll have to talk to Martin about that. I’ll transfer you.” Then, you hear that Martin is away from his desk or helping other customers.

Today, we get one shot at satisfying customers.

12. Inconsistency. It’s a lack of consistency that upsets customers. It applies to all types of change, from phone options, to personnel, website navigation, discounts, return policies, and product/service availability. So, prepare the way with customers before making even small changes.

And, remember, customers are smart, so don’t tell them a change is to improve service. They won’t need any help in making that decision.

17. Lack of follow through. Broken promises are indelible; they don’t go away. They influence how customers feel about a company from then on, and it’s even worse when customers take the initiative to find out why and are told one or more of the following, “I’m sorry, but I got busy,” or “It slipped through the cracks,” or “I thought I did that,” or “I’m just getting around to it.” Customers deserve timely responses.

18. Not showing appreciation. No customer likes feeling ignored or, worse, taken for granted. Relationship building begins with finding thoughtful expressions for saying “thank you” and “you’re important to us.”

19. Ignoring social media postings. With so many customers checking out businesses online, negative and inaccurate reviews can be damaging to a brand if ignored.

Such examples make it clear that the little stuff that aggravates customers is a big deal.

John Graham of GrahamComm is a marketing and sales strategist-consultant and business writer. He publishes a free monthly eBulletin, “No Nonsense Marketing & Sales.” Contact him at jgraham@grahamcomm.com, 617-774-9759 or johnrgraham. com.

A&M Assoc Ad OR PRINT.pdf

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12:35 PM

13. Not using communication options. Whether it’s texting, a chat line, or a help line, making it convenient for customers to get information or get their questions answered, technology helps maintain customer relationships.

14. Making things complicated. The CVS clerk rang up the purchases and keyed in the coupons, until he came to the $6 “good customer reward.” Pointing to a coupon dispenser, he said, “You need to get it from the machine over there first and come back.” Not good. Customers want everything as simple as possible.

15. Not answering inquiries. The button on the restaurant’s website, said, “Send us a message,” noting that it will be answered within an hour. Three weeks later, still no response.

The story is repeated when the name of this restaurant comes up. Tending to customers is as important as working the grill.

16. Making changes without telling customers. Let customers know why and when you’re making changes. The city was buried in snow, but the Boston Globe emailed its home delivery customers letting them know the Sunday edition would come at night when there was less traffic. Result: happy readers and a lot fewer complaints.

Winter 2016 • The Oregon Agent

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The Oregon Agent • Winter 2016

DRONES, RISK MANAGEMENT AND INSURANCE – What You Need to Know

I

It seems like drones are everywhere these days. Last week I participated in a 5K run that started in the downtown square of my town – Historic Franklin, TN. As the crowds were milling around waiting for the starting gun, I noticed a quad copter – a drone – flying over the crowd with what I assumed was a Go-Pro camera capturing video of the event. The operator was standing to the side with an iPad strapped to his controller watching the captured video.

If the job is dull, dirty or dangerous, then it is likely you will use a drone.

The use of Unmanned Aircraft Systems (UAS) or what we more commonly call Drones, will rise substantially within the next ten years as many different people, businesses, and industries find a way to use these new aerial tools.

However, providing the proper insurance coverage for a UAS is not as simple as it might seem. There are a variety of insurance liability and coverage concerns, from personal injury and invasion of privacy, to fraud surveillance and gathering of information, to the more traditional bodily injury and property damage exposures.

Examples are everywhere. By now you have heard that Amazon and UPS are exploring the use of them for delivering packages. The insurance industry is aggressively testing the use of drones for adjusting claims, property inspections, and gathering underwriting information. It is significantly safer to fly a drone to the top of a house to inspect the roof for hail damage than sending a person climbing a ladder to do the same job.

The use of drones by commercial companies will require the proper insurance coverage. This is an opportunity for insurance agents and brokers to demonstrate their risk management expertise and, at the same time, create new business.

Drone, UAS or UAV? An Unmanned Aerial Vehicle (UAV) is an aircraft controlled by an operator on the ground. An Unmanned Aerial System (UAS) is the entire system – aircraft, controller, camera systems, and software. The evolution of technology surrounding UAVs has resulted in the development of small Winter 2016 • The Oregon Agent

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vehicles at a price point (under $2,000) that makes them attainable for commercial businesses as well as individuals. I have several friends who now own a “drone.” This has led to a growing debate surrounding regulations of their use, particularly as it relates to the safety and privacy of the general public.

What – if any – is the legal (and insurance policy coverage) difference between a very large military Predator drone (with a wingspan of 47 feet and a length of 27 feet) that requires a human operator to function and a “hobby” drone that weighs under 55 pounds and operates like a remote control airplane?

How is the term “aircraft” defined in a general liability insurance policy? How have the courts interpreted what an “aircraft” is?

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What about confidentiality and cyber-liability for the data that is being captured and stored?

•

How will federal aviation law work in conjunction with state laws on some of these issues?

In addition to the regulatory and legal matters, there are many liability, risk management, and insurance coverage issues (in relation to insuring UASs for business use) that will need to be addressed for both personal insurance and business insurance.

By 2020, the Federal Aviation Administration (FAA) estimates there will be about 30,000 small UASs in use by a wide variety of businesses. The total global expenditure for these types of aircraft systems is estimated to be about $89 billion.

By 2020, the Federal Aviation Administration (FAA) estimates there will be about 30,000 small UASs in use by a wide variety of businesses. The total global expenditure for these types of aircraft systems is estimated to be about $89 billion. This is due to a strong military requirement and commercial demand as well, according to a 2012 market study by Teal Group.

In a recent Notice of Proposed Rulemaking (NPRM), the FAA has begun the process of regulating the use of drones in the United States. Under the proposed rules, Drones would be limited to daylight only, line-of-sight operations with at least a three statute miles visibility at speeds of less than 100mph and altitudes below 500 feet. The UAS would not be allowed to operate over people, except those involved in the flight. There would also be restrictions on the airspace where they could operate. Current regulations apply to Drones weighing under 55 pounds and are around 4.5 feet long.

The NPRM also sets certification requirements for small UAS operators. Operators would be required to be at least 17 years of age, pass an FAA-administered knowledge test every two years, and obtain an FAA-issued UAS Operator Certificate with a small UAS rating.

Legal Questions Remain Following are a few of the legal issues related to the use of drones:

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Can a property owner allege that a Drone is “intruding” or trespassing on his/her property?

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How will nuisance, aggravation, and other laws controlling felonious deeds be useful to the use of Drones?

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Do territory restrictions apply to UASs?

The Oregon Agent • Winter 2016

Very few insurers offer insurance coverage to the aircraft industry (up from less than a dozen a few years back). It is likely additional companies will provide coverage options once the FAA solidifies regulations around the use of drones.

While insurance companies are beginning to look at how to provide coverage, they don’t have much information or experience to assist them as they seek to provide their policyholders with proper coverage. Grinnell Mutual is reportedly making available an endorsement that provides liability coverage on their Farm-Guard Policy and their farm liability policy for unmanned aircraft for “precision agricultural operations.”

In order to insure UASs properly, insurance companies will need to know their function or intention, their departure and arrival spots, whether they will be operating in inhabited areas, and their flying height.

These systems can also gather vast quantities of information.

Insurers should know how the proprietor of such aircraft systems will utilize the information it has assembled and what steps they need to take to preserve/destroy the data it has stockpiled.

UASs will have the identical insurance needs as other aircraft, just on a smaller scale given their size, flying range, and price tag. Given the risk avoidance nature of the industry, carriers might enforce even stricter rules than what the FAA may require.

Drones are not going away. Insurance agents and brokers will need to be ready to help their clients understand the increased liability for operating a drone and provide insurance solutions to fill the coverage gap.

Steve Anderson is an authority on insurance technology. He is a prolific writer and frequent speaker known for his knack for translating “geek speak” into easily understood concepts. Check out his free weekly newsletter “TechTips” and other resources on his website.

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Potential E&O Claim:

SHOULD I REPORT IT TO MY E&O CARRIER?

T

THE DECISION WHETHER AN INSURANCE AGENCY REPORTS A POTENTIAL CLAIM TO ITS PROFESSIONAL LIABILITY CARRIER BRINGS WITH IT A HOST OF ISSUES TO CONSIDER. What effect does reporting a potential claim have on my agency’s loss history? How will it affect my agency’s premium? What difference can it make? After all, it is a potential claim. My customer has not hired an attorney or filed a lawsuit against my agency. Am I only creating trouble for my agency by reporting this potential claim?

The best source to answer this question is the agency’s professional liability policy. The policy requires that an agency report potential claims to its carrier. But apart from that, there are additional, common sense reasons for doing so. The following example highlights those reasons.

An agency’s most important and long-term customer owned an engineering business along with numerous commercial buildings. The agency handled all of the customer’s insurance needs obtaining, among other coverages, commercial property coverage.

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The Oregon Agent • Winter 2016

A pipe burst in one of the commercial buildings resulting in over $200,000 in damage. Unfortunately, the building was vacant for several years, a fact not shared by the customer with the agency. As a result, the commercial property coverage placed by the agency contained limitations on coverage for vacant buildings.

Even though the agency suspected the carrier would invoke the vacancy provisions of the policy, the agency thought it was best, nevertheless, to report the claim to the carrier. The agency’s suspicions were well-founded as the carrier denied coverage for the property claim because the building was vacant at the time of the loss and was vacant for several years.

The customer was outraged by the lack of insurance coverage though it did not take issue with the carrier’s coverage position. Like many business owners, the customer believed that the significant premiums he paid each year entitled him to coverage in the event of a loss regardless of policy language.

The agency was worried about losing its most important customer though it knew it did not breach any duty owed to the customer.

After all, the customer never told the agency about the change in the building’s status: from occupied to vacant. And the agency also agreed with the carrier’s coverage position.

Faced with an angry customer who was litigious by nature, and a significant uncovered loss, the agency decided to report a potential claim to its professional liability carrier, Westport Insurance Corporation.

The Westport claim handler made his initial contact with the agency within 24 hours of the potential claim being received by Westport. After collecting the claim information, the Westport claim handler and the agency worked together as a team to develop a strategy focusing on both the customer and the carrier.

The customer was assured that the agency would advocate on the customer’s behalf with the carrier in an effort to identify any avenue of recovery for the customer. At the same time, it was explained to the customer that the agency did nothing wrong in placing the property coverage that included vacancy provisions.

The customer’s indulgence was sought so that the agency could have time to then discuss the situation with the carrier. A commitment was made to provide frequent updates to the customer.

The focus then turned to the carrier. As there was no dispute with the carrier’s coverage position, the Westport claim handler and agency agreed on a two-part strategy that would leverage the agency’s long-term profitable relationship with the carrier, and the customer’s profitable account history.

The agency appealed to the carrier using empirical data to prove that the carrier benefited throughout the years by doing business with the agency and the customer. As a result, the carrier agreed to make a business accommodation by paying the customer $100,000 on the uncovered claim. This decision was relayed to the customer.

The agency believed that the carrier would contribute more. After further discussions with the Westport claim handler, the agency made an additional appeal to the carrier resulting in an agreement to pay an additional $100,000 bringing the total recovery to $200,000. The agency’s contact with the carrier said that he had never seen a payment of this kind on a loss that was clearly not covered by the policy.

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The Westport claim handler and the agency had many conversations about not only what to say to the customer and carrier, but how to say it. Of utmost importance were creating and keeping goodwill with the customer.

While not every potential claim is resolved on such favorable terms, this example shows what can be achieved when a thought-out, collaborative approach is taken by an agency and Westport.

R-T Specialty, LLC (RT) is a subsidiary of Ryan Specialty Group, LLC, specializing in wholesale brokerage, MGA/MGU underwriting facilities and other services to agents, brokers and carriers. In California: R-T Specialty Insurance Services, LLC License #0G97516 © 2013 Ryan Specialty Group, LLC

Winter 2016 • The Oregon Agent

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Without question, had this potential claim not been reported to Westport, the customer would have sued the agency and the carrier, and the agency would have lost its most important customer.

The agency may also be concerned about whether the mere reporting of a potential E&O claim will have any adverse underwriting effect on their E&O. Each situation is unique and each carrier is different. Westport will review the facts and circumstances of the individual situation, but as a general rule, the mere reporting of a claim does not automatically result in any underwriting action or increase in premium. Because your E&O professional liability policy is claims made, it is imperative that you report any potential claims immediately to your E&O carrier. In fact, Westport recommends that you report them as soon as practicable to ensure that the claim is reported during your policy period so coverage can be determined. In the situation described above, there generally would be no underwriting action taken or premium increase as a result of the potential claim.

Not every potential claim will end up with a result like this one, but if you give yourself (and your E&O carrier) the opportunity to resolve things before they develop into something bigger, the probability of a positive outcome increases dramatically. And if you don’t, the possibility is completely gone.

By taking steps to report potential claims to Westport early, you may avoid actual claims and maybe even litigation.

?

Reprinted with permission of Big “I” Advantage, Inc. and Swiss Re Americas. All rights reserved.

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The Oregon Agent • Winter 2016

By John Chapin

WHYand HOWto

T

COLD CALL

There continues to be controversy as to whether or not cold calling works and whether or not you should do it. First, yes, it does still work. Second, yes, you should still do it. Here’s why and here’s how.

Why You Should Cold Call Cold calling is the most difficult sales task and that’s exactly why you should never stop doing it. It’s simple, if you can effectively contact people cold and get results, you’ve conquered the most difficult sales task and you can learn and do any other part of the sales process.

The reason why the vast majority of salespeople fail is because they do not have enough qualified prospects.

They don’t have enough qualified prospects because they don’t do enough prospecting. They don’t do enough prospecting because they are scared and uncomfortable doing the hard work of prospecting. This is also the reason why many people say cold calling doesn’t work. They are simply afraid of the hard work of cold calling and they use the “doesn’t-work” excuse to avoid facing their fear. If you can ring tons of phones and knock on tons of doors cold, you’ve conquered the biggest fear in selling.

Staying sharp and staying on top of your game is another reason you should never stop cold calling. Cold calling is simply the best way to stay on your toes and stay sharp.

Cold calling is when you will face the most resistance and the most challenges and it’s when you have to be at your best.

In addition to the above, we all know that changes happen in every business and every industry. Markets change, economies shift, competition changes, and when any of those happen, you’d better be ready to change, adapt, and

most important, get back to work. If you’re floating along, riding the wave of a favorable business environment, resting on your laurels, you won’t be ready when the wave crashes and you have to get back to work. You won’t go from 1 to 100 overnight, next week, or even by next month, and if you’ve been resting too long, you may never get back. If you’re prepared and sharp, you can go out, create business, and build almost immediately.

The most effective way to be prepared to get back to work and get results quickly is to be great at cold-call prospecting.

Another reason to cold call is that unless you have all the prospects you need via referrals and other preferred methods, and very few salespeople do, you need to cold call to fill the gap.

All of the above said, is cold calling the best, most effective way to get prospects? No. Is it the preferred method? No. Yet, even when you are at the top of your game, have tons of business and prospects and perhaps even when close to retirement, you should still do some cold calling from time to time. Cold calling will keep you alive, engaged, and in the game. The primary point behind the exercise of pure cold calling, even with no warming effect as we’ll discuss below, is not to actually get appointments, even though you’ll still get a few. The primary point is to stay sharp and to continue to conquer fear, which is what stops most salespeople. Everyone should get good at stepping out of their comfort zone and facing fears. Pure, unvarnished cold calling will achieve that end faster than any other activity you can partake in.

Winter 2016 • The Oregon Agent

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1

How to Cold Call

Be persistent If you are cold calling for prospects, be prepared to make lots of calls. You’re in a contact sport and never is that more true than with cold calling. Persistence also comes into play if you are targeting a particular account, one or two calls usually won’t do it. You’re going to have to reach out to them 9 to 13 times. Do this with a combination of phone calls, mailings, e-mails, and in-person visits.

Get scripted Once you know what’s important to them and what you want to say, you need to get it down word for word. In addition to a scripted cold call, you also want to have scripted answers to questions, concerns, and anything that might come up during your call. You then need to practice these until you are at the point someone could wake you up at 3 a.m. and these answers would roll off your tongue verbatim.

John Chapin is a sales and motivational speaker and trainer. For his free newsletter, or if you would like him to speak at your next event, go to: www.completeselling.com John has over 27 years of sales experience as a number one sales rep and is the author of the 2010 sales book of the year: Sales Encyclopedia. For permission to reprint, e-mail: johnchapin@completeselling.com.

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3

Make the call, get their attention, and ask for the appointment.

Make a big claim centered around the top benefit that will mean most to the prospect and ask for a meeting.

Your call might sound like this, “Hi Joe, John Chapin. We’ve been saving companies like yours 56% on auto parts. All I need is 20 minutes to see if we can do the same for you. Will tomorrow morning or afternoon work better?”

4

Warm up the call in any way you can.

Unless you are doing unvarnished cold calling for the point of staying sharp and overcoming fear, you should warm up your cold calls. You can do this by name dropping, mentioning a benefit related to something you got off their website, or by using some other information that lets the prospect know the call has been customized to them.

5

Test the reflex response at least two times.

Most people have a natural “notinterested” response to a cold call.

When this happens, test the response to see if it is a true response or pure reflex.

For example, after they say they are all set or not interested, you might ask a question centered around the three most important aspects of anything that people buy which are: product, service, and price. For example, “Joe, if I could offer you a better product and better service at a price equal to or better than your getting right now, would that be worth investing 20 minutes of your time to investigate?”

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6

Prepare Who are you calling on and what is important to them?

Why should the prospect be interested in listening to what you have to say and why should they be interested in eventually meeting with you? You have to know what the most important benefits are to your audience and design your cold call around those benefits.

The Oregon Agent • Winter 2016

# 1 Sales Rep w 27+ year’s experience, Author of the 2010 sales book of the year: SALES ENCYCLOPEDIA (Axiom Book Awards) - The largest sales book on the planet (678 pages).

508-243-7359 - 24/7 johnchapin@completeselling.com www.completeselling.com LINKEDIN: once logged in find me under: johnchapin1 FACEBOOK: http://www.facebook.com/johnjchapin TWITTER: http://twitter.com/johnjchapin

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Winter 2016 • The Oregon Agent

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