Big I Virginia, Spring 2014 by Blue Water Publishers, LLC

BIG I The

Official Publication of the Independent Insurance Agents of Virginia

Virginia Spring 2014

VOLUNTEER Volunteerism:

How Much and Why?

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SPRING 2014

BIG I Official Publication of the Independent Insurance Agents of Virginia

IIAV STAFF

Virginia

Nettie Ardler, CPIW, DAE, AIAM Insurance Account Executive aardler@iiav.com Robert N. Bradshaw, Jr., MAM President & CEO rbradshaw@iiav.com cell (804) 929-4134 Teri Chester Executive Secretary/ Receptionist & Membership Coordinator tchester@iiav.com Natallia Chyhryna Accounting Assistant natallia@iiav.com Sherry Grubbs, AISM Accounting Manager sgrubbs@iiav.com Joe Hudgins, CPCU Technical Consultant jhudgins@iiav.com cell (804) 929-4138 Bonnie Joyce Insurance Administrative Assistant bjoyce@iiav.com Melanie Kjar Communications/Website Director mkjar@iiav.com Linda Loving, CIC, AISM, AIAO IIAV Chief Operating Officer & VFSC Executive Vice President loving@iiav.com cell (804) 929-4133 Danny Mitchell Vice President Business Development dmitchell@iiav.com cell (804) 929-4135 Susan E. C. Perkins Membership/Education Coordinator sperkins@iiav.com

Kristina Preisner IIAV Director of Education & VAIA Executive Director kpreisner@iiav.com Erin Taylor Insurance Account Executive etaylor@iiav.com Marie Toney Sales Associate mtoney@iiav.com cell (804) 929-4136 James West Director of Finance jwest@iiav.com

THE BIG “I” VIRGINIA • Spring 2014

IIAV is an organization devoted to promoting, enhancing, serving and assisting independent insurance agents.

The Big I Virginia is a publication of the Independent Insurance Agents of Virginia 8600 Mayland Drive, Richmond, VA 23294 Phone: 804.747.9300 / Toll-free: 800.288.IIAV (4428) Fax: 804.747.6557 E-mail: members@iiav.com / Website: www.iiav.com

Inside this issue

The

Message from the State National Director - James P. Bradner

Message from the President and CEO - Bob Bradshaw

Volunteerism: How Much and Why?

So... You’d Like to Get Involved? Here Are Some Helpful Ideas as to “How”

FloodSmart Agent Referral Program

Upcoming 2014 IIAV Events

Do You Volunteer Your Time and Insurance?

IIAV Education Checklist

Rapidly Expanding Need for Environmental Insurance

The Link Between Volunteer Programs and Employee Loyalty and Satisfaction

Insuring Volunteers - Personal Lines

Project Cap: Join the Cause to Recapture Your Market Share

Celebration of Independents: Claim Your Space

45-46 2014 Annual IIAV Convention and Expo

IIAV extends our appreciation to the following sponsors of this publication: Amerisafe 33

JMWilson 21

Anderson and Murison

Jackson Sumner & Associates

Atlantic Specialty Lines

Johnson & Johnson

24, 25

Atlas General Services

Millers Mutual Group

Brethren Mutual Insurance Company

Nationwide 27

Builders Mutual Insurance

Penn National Insurance

Preferred Property Program

Burns & Wilcox

Eastern Insurance Holdings

RPS Rollins

FCCI Insurance Group

SIAA 29

GUARD Insurance Group

Southern Insurance Company of VA

Harford Mutual

TAPCO Underwriters

Harleysville Insurance

The Iroquois Group

ISU Agency Network

Utica National

5 12

For information on advertising please contact: Jim Aitkins, Blue Water Publishers, LLC / 22727 161st Ave SE, Monroe, WA 98272 phone: 360.805.6474 / fax: 360.805.6475 / jima@bluewaterpublishers.com

The Big I Virginia is a publication of the Independent Insurance Agents of Virginia and is published quarterly by Blue Water Publishers, LLC. IIAV and Blue Water Publishers, LLC do not necessarily endorse any of the companies advertising in the publication or the views of its writers.

Strong Agencies Made Stronger

For 35 years Iroquois has helped make strong, independent agencies even stronger and more independent. And it shows.

LEADERSHIP Iroquois recognizes some of its members who have recently played key leadership positions within the industry: John W. Atkins, III

Edward C. Kellam, Jr.

2012 Best Practices Agencies

James P. Bradner

Douglas B. Megill

Towne Insurance Agency, Inc. Chesapeake, VA

Barry K. Carper

Crystal Miller-Johnson

V. Richard Divers, Jr.

J. Vince Mullins

Dawn Dotson

Jordan Reynolds

Michael F. Funkhouser

Robert T. Short

Frances P. Garrett

Dennis C. Winfree

Tyler W. Hancock

Benjamin G. Winters

President, VFSC Board of Directors Lewis Insurance Associates State National Director, IIAV Towne Insurance Agency, Inc.

Short Insurance Associates, Ltd Charlottesville, VA

District 2 Director, IIAV The Ware Co.

District 5 Director, IIAV McLean Insurance Agency, Inc.

President, PIA of VA & DC Insurance Center of Winchester

Second Vice Chairman, IIAV Associated Insurance Systems Services, Inc.

VFSC Board of Directors Savage & McPherson Insurance

Board Member, PIA of VA & DC Huffman Insurance Agency, Inc.

VAIA Board of Directors Robins Insurance Agency, Inc.

Outstanding Agent, PIA of VA & DC SWVA Professional Insurance Agency, Inc.

Vice President, VFSC Haun Magruder Inc.

Chairman, IIAV Short Insurance Associates, Ltd

Immediate Past President, PIA of VA & DC Chas. Lunsford Sons & Associates VFSC Board of Directors Ford & Thomas Insurance Agency, Inc.

Treasurer, IIAV & VAIA Board of Directors Wood Insurance Agency District 3 Director, IIAV Winters Oliver Insurance Agency

Independent agents with premium from $1 million to $100 million join The Iroquois Group® for market optimization and strategies to increase their revenue, profits and agency value—without giving up their independence.

Shannon H. Herring

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Spring 2014 • THE BIG “I” VIRGINIA

State National Director James P. Bradner jbradner@towneinsurance.com

ost of us remember Raymond Burr…Perry Mason, Ironsides and our IIAA spokesman for many years. Well, the new marketing vehicle for IIABA will be wrapped around our new logo…Trusted Choice. The National Association has hired MARC, a well-recognized advertising agency, to develop a National Advertising campaign for state use and for the benefit of the Independent Agency system to try to recapture our share of the personal lines market. Once they were chosen they did some industry and market research. Some of the findings: 1. Directs and captives control 63% of the personal lines marketplace 2. They dominate the on-line experience 3. They spend over $ 5 billion on advertising

So, how do we motivate insurance customers to investigate Trusted Choice agents and disrupt confidence in their current solution? By developing an ad campaign to get these points across. The ads have been developed and are available for our use. You will begin to see some of them in the near future. The ads were vetted through focus groups and surveys and the results were impressive: 1. 86% liked the ads 2. 84% agree independent agents are better suited to help them 3. 78% were more likely to use an independent agent These numbers were “off the charts” according to MARC, as usually they are happy with numbers in the 50% range. There is both a State Grant program and an Agency program. I would urge you to contact Danny Mitchell at our Association for more information on how you can participate.

BUT 1. We have over 27,000 agency locations

THE BIG “I” VIRGINIA • Spring 2014

Best Regards, Jim Bradner

Spring 2014 • THE BIG “I” VIRGINIA

President and CEO Bob Bradshaw rbradshaw@iiav.com

To volunteer, participate or help you get more out of your membership

’ve worked for industry or professional associations virtually all of my career. I’ve met and worked with people who have volunteered for their associations in a wide range of capacities and throughout the entire country. The range of their participation has been from “just call me when you need me” to massive time commitment on a governors or presidential task force. A uniform comment I’ve heard from many people is that the more you invest your time, the more you benefit personally. What I have also heard is the sharing and networking opportunities of participating in your association are incredible. I can’t tell you the number of people who have said that their participation on the IIAV Legislative Committee is completely worth the IIAV dues. Having said all of that, nothing is worse then sitting in a committee and thinking “why on earth am I even here?” Our time these days is so very limited, none of us can afford to waste it. If we’re going to commit the time, we want it to be worth your while. IIAV has reviewed it’s committee structure and dropped a lot of committees where the time value proposition is minimal at best. Of course if you don’t like studying contracts and the Code of Virginia, then you probably might not enjoy the legislative committee. On the other hand, if you like to put on meetings and structure fun events, then working on our convention committee might just be the thing for you. We value your time. We value your expertise. We value your input. If there’s a way that you a would like to contribute to IIAV on a volunteer basis, please let us know. IIAV is your association. Let us know how you want to get involved. Robert N. Bradshaw, Jr., MAM President & CEO

THE BIG “I” VIRGINIA • Spring 2014

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Volunteerism:

How Much and Why?

vol·un·teer·ism noun

1. voluntarism ( def 2 ) .

By William H. Talley, IV IIAV 1st Vice Chairman of the Board

2. the policy or practice of volunteering one’s time or talents for charitable, educational, or other worthwhile activities, especially in one’s community.

’m a willing and happy volunteer and have been for much of my life. My volunteering commitments stem from a sense of duty that came from my parents and as I worked to become an Eagle Scout. I felt a duty to live my life helping and giving back to others in some way. But more often than not, the commitment has become grand opportunity to give back to my community or profession . . . an opportunity, if you will, to return those gifts and blessings I’ve enjoyed over the years. What’s your level of volunteerism? Why do you give of yourself, your time and talents? I think these are terrific questions and when considering them this affords a moment to reflect on what we do for others and why. Most of us generally tend to begin our volunteerism in the community and/ or in our respective house of worship. I suspect the initiative is likely to be because someone asked us to “volunteer”. Hopefully, we all respond happily and willingly to such requests. These types of volunteer efforts might involve selling Christmas trees during the holidays for the Jaycees; raising funds for the local SPCA or helping with rescue dogs or cats; building a new home for a needy family with Habitat for Humanity; becoming a leader in the Boy Scouts or Girl Scouts; coaching a youth ball club; or many other countless and meaningful endeavors. As we grow in our professions, often becoming a volunteer takes on a somewhat morphed meaning. Volunteering within our communities remains as important as ever. We, as business leaders, have avenues to volunteer for our adopted causes and have a positive impact that is exponentially greater than we may have ever contemplated. By participating to help community needs, our high-profile business name and identity can have enormous and positive effects, all the while encouraging others to become involved as well. Sometimes you may see this happen . . . other times you may be unaware of the tremendous influence your involvement and commitment has on others.

THE BIG “I” VIRGINIA • Spring 2014

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Transpose this dynamic to your professional association and your industry. By volunteering for the Independent Insurance Agents of Virginia and the Virginia Association of Insurance Agents (IIAV’s education foundation), you are not only helping your association meet its mission goals and objectives and to grow, but you are permitting others to benefit from your education, experiences, time and talents. Much of these accumulated personal assets you may have gained through the generosity of others that openly and willingly shared their talents with you. Within this publication there are other articles outlining just a few of the many ways and opportunities to participate. I hope you seriously consider all that you have to offer and to do one of two things. If you are already one of our Associations’s many volunteers, please re-assess your level of commitment and continue to be a valuable part of our industry. If you have not served the Association previously, by all means consider this as a request to become engaged. The time you spend will be rewarding in countless ways and you may well be the beneficiary of unexpected valuable returns. I look forward to working with you today, tomorrow and in the years to come.

THE BIG “I” VIRGINIA • Spring 2014

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beginnings in 1914, we’ve been at the forefront of providing the products and services customers need. One hundred years later, we are still a leader in niche products and offer cutting-edge products like: Right Pay, E-surity and an easy-to-use small business platform. What we haven’t moved away from? Listening to you, understanding what is important to you and delivering on that expectation. Utica National focuses on our agent-customers and being here for you, in all ways. Call today to discuss how we can partner together to add value to your agency.

Matt Lupino — Resident Senior Vice President Middle Atlantic regional Office 804-560-6620 (direct) matt.lupino@uticanational.com

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Spring 2014 • THE BIG “I” VIRGINIA

So.... you’d like to get involved?

Here are some helpful ideas as to “HOW” IIAV has many activities attractive to new members. Getting involved in one or more of these areas of interest is not only easy but rewarding. Often a member will say that he or she did not get involved because no one asked them to. Well, I’m asking you today to start reaping greater value from your IIAV membership. Below is a partial list of IIAV areas of activity in which you may find interest. Activities could include participating on decision-making and directional committees, helping to collect and actually write communication articles, planning events, selecting speakers and presenters, crafting legislative agendas and assisting lobby activities in Richmond and Washington, joining in our educational endeavors, nurturing Young Agents, developing membership and new programs . . . and much, much more. Your time is valuable and we surely want you to know how much of that valuable time will be respectfully invested. Our committees generally meet three times each year for about two hours each time. Most meetings are conveniently held at our IIAV offices. Other activities and task force matters may be handled at your pace and on your schedule. Please consider each and select (check) those areas in which you’d like to get immediately involved. N ACSR (Accredited Customer Service Representative) – This committee is charged with finding new ways to continue to promote the respect and recognition of the ACSR designation. Those who have obtained this designation should serve as a peer group and a resource/ mentor for others in the insurance industry. Our focus in creating new courses for ACSR’s is to provide ongoing product knowledge and professional growth in a challenging stimulating environment. N Education – The purpose of the task force is to brand insurance as a career option for high school and college graduates by creating resources (classroom, textbook, and online) for new and existing individuals within the insurance industry. The task force may also be involved in 14

THE BIG “I” VIRGINIA • Spring 2014

“I’ve been an IIAV member for a few years now. While belonging to many trade and professional associations I generally get out of these organizations in direct proportion to my level of involvement. Upon joining IIAV, I immediately took advantage of the education seminars, attended a committee meeting and this opened some valuable networking doors. I now proudly serve on the Executive Committee of the Board of Directors of IIAV. By getting involved you’ll increase your agency’s profile, make new and valuable networking contacts, and likely benefit in many other ways. Take advantage of your membership today.” ---- Jason Angus, CMO, The Hilb Group

the creation of IIAV’s new subsidiary - a school to identify and train CSRs and then producers. Program and funding issues will need to be addressed. N Convention – This committee serves as the advisory committee for establishing plans for the convention agenda, including speakers, entertainment, guest programs, sponsorships, and hotel activities. Also evaluates criteria for annual awards, reviews nominations from membership, and selects recipients. N Legislative – The legislative committee looks at current laws and seeks ways to improve agency operations by removing old statutes or introducing new ones. This committee also works closely with the SCC and company associate members to maintain Virginia’s positive legislative climate. N Young Agents Committee – The mission of the Young Agents of Virginia Committee is to provide young agents (age 40 and under) with opportunities to enhance their professional skills and development through programs and initiatives for their specific needs. N Other – Perhaps you have a special talent or expertise not incorporated in any of the aforementioned areas (examples: photography, graphic design, website maintenance, public speaking, public relations, etc.). We’d like to know your interests and talents as identified.

Spring 2014 • THE BIG “I” VIRGINIA

FloodSmart.gov Know Your Risk.

FLOODSMART AGENT REFERRAL PROGRAM Makes Selling Flood Insurance Easier Flood insurance can be a difficult and uncomfortable sell. Most people are unsure if they need it, underestimate their actual flood risk, or think it’s too expensive. But with weather patterns that include yearly hurricanes, consistent heavy rains and storms, and an everchanging landscape from wildfires, it is becoming more of a necessity for homeowners, renters and business owners to financially protect their assets. It is easier and more beneficial to have these challenging conversations with people who are already familiar with flood insurance. The FloodSmart Agent Referral Program can help connect you, the flood savvy agent, with clients who are actively seeking information about flood insurance policies. Agent Referral Program Benefits include: • • • • •

Listing in direct mail pieces sent to prospects in your area Free transfers from prospects who call the National Flood Insurance Program (NFIP)Agent Referral Call Center Free referrals from prospects who use the One-Step Flood Risk Profile or the Agent Locator tool on FloodSmart.gov Access to a host of sales and marketing tools and resources Eligibility to participate in the co-op advertising program (re-launching in 2014)

How does it work? •

• • •

Through FloodSmart’s mailings and advertising, people learn about the risk of flooding and are directed to visit FloodSmart.gov, contact the NFIP Agent Call Center, or talk with their insurance agent to learn about flood insurance. They are then connected with an agent in the FloodSmart Referral Agent database. FloodSmart.gov and the NFIP Agent Referral Call Center both use the Agent Referral Database to offer prospects contact information for flood insurance agents (like you!) in their area. Customers who contact the NFIP Agent Referral Call Center have the opportunity to be transferred directly to a participating agent, who will be given the consumer’s contact information. Voila! A potential new customer.

Enroll online today so your contact information will be available via FloodSmart.gov, the NFIP Agent Referral Call Center and NFIP mailings after enrollment. And remember that in order to be a part of the FloodSmart Agent Referral Program, you must participate in two hours of flood insurance training every two years and provide written proof of training completion to FloodSmart. Upload proof of training to your profile on Agents.FloodSmart.gov or email it to certificates@nfipfloodsmart.com or fax it to (703) 891-9866. 16

THE BIG “I” VIRGINIA • Spring 2014

We look for the best independent agents and build relationships that last the duration. We are committed to the independent agency system as the only means to deliver our products. Because of that, we work hand-in-hand to help our agencies grow profitably.

Our agents set us apart. Business • Surety • Auto • Home

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Do You Volunteer Your Time AND Insurance? Millions of Americans donate time—their most valuable asset—to serve as a volunteer board member on non-profits, booster clubs, churches, PTAs and civic organizations, just to name a few. If you’re sued as a volunteer, will your personal insurance cover you?

illions of Americans donate time—their most valuable asset—to serve as a volunteer board member on non-profits, booster clubs, churches, PTAs and civic organizations, just to name a few. The decisions these folks make can have a dramatic impact on their respective organizations—and not always for the better. If a volunteer endeavor goes bad, would a volunteer board member have coverage against a lawsuit under his or her homeowner’s policy? HOMEOWNERS’ INSURANCE The last thing volunteers want to consider is what would happen if their favored organization file suit against them as a result of their efforts. But it happens, and not infrequently. This does happen, especially when volunteers make decisions that directly influence the finances of an organization. Often, the only insurance these volunteers have to back their efforts is a homeowner’s policy. Unfortunately, this policy may be of little assistance. The reason homeowners’ policies do not usually cover liability stemming from actions as a volunteer is the nature of the claim. The policy is designed to cover claims of “bodily injury,” such as someone slipping on cracked pavement in your driveway; and/or “property damage,” such as accidentally setting your neighbor’s house ablaze when burning some brush on a windy day.

THE BIG “I” VIRGINIA • Spring 2014

TO VOLUNTEER

Claims against board members do not usually involve bodily injury or property damage. Rather, they involve bad decision-making that results in financial loss to the organization, such as the decision to invest in an IT system that turns out to be a debacle, costing the organization tremendous time and money. There is another problem. Homeowners’ policies do not cover “professional services.” This is important to note, because board members are often asked to serve in a capacity consistent with their profession. For example, a church member who is a CPA may be asked to serve on the church’s board as finance chairman. Even though he is not paid for his services, the “professional services” exclusion under his homeowner’s policy would still apply. In addition to the above, homeowners’ policies do not cover claims of personal injury unless this coverage is specifically added. Personal injury insurance is added to the homeowner’s policy to cover claims such as libel, slander, wrongful eviction, and false advertising. WHAT TO DO Events causing claims are unpredictable. While the reasons shown above prove it’s unlikely, not all claims against volunteer board members are excluded by a homeowners policy. Decisions to purchase personal injury coverage and a personal umbrella policy will increase

your ability to find coverage for a suit against you. The best method for insuring the actions of board members is for the organization to purchase a directors and officers (D&O) liability policy. These policies are relatively inexpensive for most non-profits. Before volunteering, request information on the organization’s D&O policy. The absence of this insurance leaves you at risk of having no personal insurance to defend a suit brought against you by the organization and should influence your decision to serve. Please call our office to determine if your volunteer activities are covered and if your insurance limits should be increased. Copyright 2008 by the Independent Insurance Agents & Brokers of America, Inc. All rights reserved. For guidelines on reprinting this article, go to http://www.iiaba.net/ VU/Lib/ArticleReprints.htm. NOTE: Policy coverages and circumstances can change at any time, so the information above may not be accurate at the time of reprinting or subsequently to that time. IIABA does not assume and has no responsibility for liability or damage which may result from the use of any of this information. The most current, up to date version of this article can be found at IIABA’s Virtual University at 11716 WA IIABA ad.pdf 1 12/18/12 3:55 PM http://www.iiaba.net/VU.

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THE BIG “I” VIRGINIA • Spring 2014

Southern Insurance Company of Virginia

Stays True To Our Chartered Distribution Course

Southern supports the independent agency system Exclusively! Southern recognizes the value of the independent agency system and that’s why we work exclusively through independent agents. Unlike many others in the industry, Southern has no interest in any other distribution channel. Instead, we focus our energy on delivering greater value to our agents through: ✔ competitively priced insurance products ✔ timely underwriting ✔ outstanding claims service ✔ on-going development of state-of-the-art technology Others may choose to travel a different path, but at Southern we will continue to follow our chosen distribution course… The Independent Agency System.

there when it matters most

it re vis om o m p.c arn To le egalgrou r at .don ge Parke 2. w w 1 w ll Jud 7 x1 or ca 468-112 01-80

Rapidly Expanding Need for Environmental Insurance

By Judi Martinez

hat top news story or recent event had you or your clients thinking, “Hmm, I wonder if my insurance covers that”? Super storm Sandy and other related weather events are leading many clients and prospects to re-evaluate their insurance coverage for environmental losses. In recent years, courts are routinely siding in favor of insurers in the broad interpretation of the pollution exclusion as evidenced in the Chinese drywall debacle. Stakeholders in 150,000 new homes built with defective Chinese drywall are uninsured because of the absence of environmental insurance coverage on all parties involved. Another example is wrongful death claims under General Liability insurance policies for legionnaire’s disease. These claims are being denied under the same exclusion designed to exclude “toxic” mold. In California, Minnesota, Wisconsin, Indiana bacteria is considered a pollutant by case law which effectively eliminates food borne illness coverage on every General Liability policy sold in those states. Providing less and less coverage for any loss, even those associated with contamination, is a good deal for insurance companies. There is little incentive to re-draft pollution exclusions. We will no doubt see this trend continue. Additionally, coverage for Category 3 related water losses (water which is contaminated with biological matter formerly referred to as black water) is effectively wiped out. This not only affects owners of real estate but contractors as well. Many clients do not adequately understand the scope of their insurance coverage for pollution/contamination matters. Most insurance buyers need to seriously 26

THE BIG “I” VIRGINIA • Spring 2014

reevaluate their uninsured loss exposures and put environmental insurance in place to fill the gaping holes in their property and liability insurance programs. This activity will generate growth opportunities for insurance agents and brokers that are well-prepared for the emerging trend. Agents who ignore the trend in more restrictions in standard insurance policies for contamination related losses, are missing an opportunity to expand revenues and services to their customers by offering appropriate environmental insurances. They are also increasing their agency’s exposure to potential E&O lawsuits by failing to offer coverage that is available. As the Big I Market provider for Environmental coverages, ARMR.net can assist insurance agents and brokers in capitalizing on the new business opportunities that environmental insurance provides while staying out of the E&O soup by following these three basic Professional Liability Risk Management Steps: 1. Inform the customer about their environmental loss exposures. 2. Inform the customer on the effects of the pollution/fungus/mold/bacteria exclusions in their liability and property insurance policies insurance programs. 3. Offer environmental insurance coverage to fill the coverage gaps in their insurance program for contamination losses. There are a myriad of pollution insurance products available in the marketplace today. We will see the environmental insurance sector continue to develop, enhance and market product offerings to address

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The name and likeness of Dale Earnhardt Jr. and other related trademarks and copyrights are used with permission of Hendrick Motorsports, LLC and JR Motorsports, LLC. Paid endorsement. © 2012 JR Motorsports, LLC. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. The NASCAR Nationwide SeriesTM logo and word mark are used under license by the National Association for Stock Car Auto Racing, Inc., and Nationwide Mutual Insurance Company. Nationwide, the framemark and On Your Side are service marks of Nationwide Mutual Insurance Company. © 2014 Nationwide Mutual Insurance Company. All rights reserved. Underwritten by Nationwide Life Insurance Company. EBO-0156VA (01/14)

Spring 2014 • THE BIG “I” VIRGINIA

the broad application of the pollution exclusion in traditional insurance programs. A recent example of environmental insurance product innovation includes the broadening of coverage by several insurers to specifically include Disinfection Expense. Disinfection Expense includes the cost to clean and disinfect equipment and storage areas. Food processing plants, restaurants, bottling or canning plants, bakeries are examples of businesses where these expenses may have a devastating effect on their bottom line if a loss were to occur. The offering of Disinfection Expense would also be beneficial to the other business sectors such as hospital and clinics, hotels and health clubs as well as schools and universities. Remember even bacteria related losses are excluded in standard property and liability insurance policies. ARMR’s specialist environmental insurance brokers can guide you through the myriad of product offerings by insurers and tailor coverage to meet your client’s needs. Off the shelf products rarely address the clients’ needs fully and it is important to have an expert in the design and placement of pollution insurance involved. Nothing good comes out of ignoring the rapidly expanding need for environmental insurance in the agency’s book of business. We encourage all of the Big I agents and brokers to actively engage in the E&O loss avoidance process. Big I Market provider, ARMR is happy to assist you in every step of the way on anything from a single underground storage tank to 20,000 apartment units. Before you know it, like the offering of Umbrella Liability to your customers, the offering of pollution insurance will become standard protocol for the well-prepared agent. The added benefit is you will generate a steady source of new business income and will make it much more difficult for your competitors to move your business away from you. ARMR.network through Big I markets makes it easy for agents to modernize the insurance programs on their clients. For more information go to Big I Markets www.bigimarkets.com under Commercial Lines products category, specifically the Environmental ImpairmentPollution or visit www.armr.net or call Judi Martinez at 608-836-9586 or Martinez@armr.net or Ann Vorel at 608-836-0999 or vorel@armr.net American Risk Management Resources Network, LLC 7507 Hubbard Avenue, Suite 200 Middleton, WI 53562 608-836-9590 / Fax: 608- 836-9565 28

THE BIG “I” VIRGINIA • Spring 2014

The Link Between Volunteer Programs and Employee Loyalty and Satisfaction

he Martin Luther King Day holiday calls on Americans to join one another in a day of volunteerism and service. Increasingly, companies see that volunteering initiatives create stronger relationships, engagement and team development among employees. According to the Points of Light Corporate Service Council — an organization that promotes corporate volunteerism — there is a strong link between volunteer programs and employee loyalty and satisfaction. Specifically, they found that: • More than 85 percent of companies report that employee volunteer programs positively impact employee morale. • Seventy-two percent of working Americans — and 87 percent of working students over 18 — say they would choose to work for a business that supports charitable causes when deciding between identical offers and jobs. • Sixty-three percent of respondents find volunteering has had a positive effect on their career. • Sixty-one percent of Americans believe volunteer programs communicate company values With 2014 shaping up to be a year of high employee turnover, adding corporate volunteer opportunities as a way to further engage employees is a powerful and costeffective tactic. As always, if you have an HR question, email us at Affinity HR Group, IIAV’s affinity partner for human resources consulting and services. Or call us at 877-660-6400. This may contain general information about legal matters. Affinity HR Group, IIAV’s affiliated human resources partner, does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.

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Spring 2014 • THE BIG “I” VIRGINIA

Insuring Volunteers Personal Lines By Bill Wilson

any people are often asked to serve in a volunteer capacity as board members on nonprofits, school PTA organizations and booster clubs, church boards, and civic organizations, or they may serve as Scouting leaders, athletic coaches, or in other volunteer capacities. Do they have any coverage under their personal lines policies? A Wisconsin woman ran a red light and collided with another vehicle, resulting in severe injuries to the driver, including the amputation of his leg. She was a member of a local church and also a volunteer for a volunteer service organization consisting of members of that church. At the time of the accident, she was in the process of delivering

THE BIG “I” VIRGINIA • Spring 2014

a religious statue for the volunteer organization to a family that had requested one. She was driving her own car. In the ensuing court case, the jury found that her negligence was the sole cause of the accident and that she was driving her vehicle on behalf of her church and/or the volunteer organization. The jury awarded the injured driver $558,366.06 for past medical expenses; $750,000 for future medical expenses; $10,000,000 for past pain, suffering and disability; and $5,000,000 for future pain, suffering and disability. The jury also awarded the driver’s wife $500,000 for the loss of consortium. The final judgment totaled $18,000,000. Heikkinen v. United Services Automobile Association, Margaret E. Morse, Catholic Mutual Relief Society of America, and Archdiocese of Milwaukee, 724 N.W.2d 243, 296, Wis.2d 438, 2006 WI.

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Are such awards unusual? Yes, as to the size of the judgment. As for the frequency of these types of claims, no. Of the millions who volunteer in various capacities, there are some whose participation might be ongoing, as in a church elder position; intermediate, as with a year to four-year service on a high school booster club; or short term, as with a one-day stint building a home for Habitat for Humanity. Some of these activities are physical and present a bodily injury or property damage exposure; some involve decision making in financial matters where poor decisions and mistakes can lead to financial losses; and many involve the use of autos to transport kids from school to sporting events or senior citizens from their homes to church, stores, or medical facilities. If sued, would these volunteers have any coverage under their personal lines policies? Would they have any coverage under the organizations’ commercial lines policies? If injured, would they have any coverage for their own injuries under personal or commercial lines policies? In this article, we’ll examine some personal lines basics. Let’s focus our attention on the two main personal lines policies typically insuring most volunteers....

unlimited defense costs in HO policies do no good. For more common claims for mismanagement, errors, omissions, or mistakes that result in something other than bodily injury or property damage (e.g., pure financial loss), the homeowners policy is again of no value. While it’s conceivable that some personal umbrellas might cover losses not covered by the HO policy, given that there is no standard umbrella, determining what exposures might be covered would require a careful and thorough review of the umbrellas provided by carriers represented by the agency. One other HO exclusion that could apply is the one for “professional services,” a term undefined in the ISO policy. This might exclude activities for volunteer EMT, police or firefighting activities or even work as a hospital candy striper. It depends on the nature of the work, the training of the insured, and your insurer’s interpretation of the meaning of the term. On the specific issue of volunteer athletic coaching, one of our risk management consultant faculty members, Jim Mahurin, provided the following anecdotal information in response to a recent “Ask an Expert” question where an agent was preparing to speak to a group of volunteer coaches about their liability exposure and potential coverage under their homeowners policies: A few years ago I was involved in a study of high school sports traumatic injuries. While serious incidents

HOMEOWNERS In general, an ISO homeowners policy will respond to claims against insureds while acting in an uncompensated volunteer capacity. The biggest drawback is that the unendorsed ISO HO 00 03 10 00 only covers liability for bodily injury and property damage. If a board member’s temper gets out of control at a homeowners association meeting and that person is sued for slander, the HO policy will not respond. It is a good idea, if not already included in your carriers’ HO forms, to include the HO 24 82 04 02 - Personal Injury coverage endorsement in the homeowners package. Another deficiency in the HO (and pretty much any) policy is the lack of coverage for losses deemed to be expected or intended. For example, You and your clients. You and Harford Mutual. We’re committed most courts consider sexual harassment to protecting their business and building yours. and molestation to be an intentional or That’s what mutual success is all about. expected loss and, thus, excluded by insurance policies. It is not uncommon for Scout leaders or athletic coaches to be accused of such offenses. Even if entirely Explore P&C insurance innocent, defense costs can amount opportunities at to tens or even hundreds of thousands HarfordMutual.com of dollars. Without the coverage, the

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THE BIG “I” VIRGINIA • Spring 2014

are uncommon, there are more bad ones than the public realizes. Some of the reports would curl your hair. When talking to the group, please don’t use a broken leg as an example of an injury. You can fix a broken leg. Use head trauma with resultant brain injury, brain injury resulting from heat stroke, a broken back or neck with resultant paraplegia or quadriplegia, or severe burns. Tell the audience to assume they have an incident where the medical bills the first six months are $250,000 to $500,000 and the child will require permanent assistance. If someone is in an extended coma, the medical bills may exceed $1,000,000. Then stop and notice how quiet the room gets. While they are quiet, mention that the studies find nearly all of the catastrophic sports related injuries were preventable. The real tragedy from the catastrophic injury studies is that about 95% of the major injuries were preventable. Also mention the very high percentage of children without health insurance. This varies materially by neighborhood, but people are floored when they do the surveys, even in wealthier neighborhoods. Some sponsored programs have low limit accident policies, i.e., $1,500, $3,000, or $10,000 per accident limits. This helps on small bills, but they are useless for anything serious. Umbrella Agent VA.pdf 1 1/29/2013 9:51:11 AM

Many, if not most, athletic programs have a sponsoring organization. The sponsors are as diverse as municipal governments, YMCA programs, Little League, etc. With few exceptions these organizations have liability insurance and the majority include volunteers as insured individuals. But make sure that’s true in your case. You need to make sure the sponsoring organization policy has no limitations for injury to participants under the liability part. Many have such exclusions. The first suggestion is to (a) determine the limits available from the sponsoring organization, (b) address the participant exclusion, and (c) make sure volunteers are covered for whatever is available. The inquiry should include CGL (extended to include volunteers if necessary), automobile liability, and a workers compensation equivalent if available. Public entity WC programs may include medical expense for volunteers but they may find limits on wage loss. The volunteers’ personal insurance should be secondary to the sponsoring organization. Tell them how an umbrella works and the wording related to unpaid community service organizations. It is important for them to understand unpaid. A major issue with volunteers in children’s sports is vehicular injuries. If the volunteer is using a personal vehicle to haul children, they need significant limits via auto and/or umbrella. A separate issue is the obnoxious or abusive parent or member of the audience. There is a remarkable number of injuries to coaches, referees, and other volunteers from the most obnoxious people you can imagine. There are also highly effective procedures available to defuse these folks. Incorporate these procedures into the program.

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PERSONAL AUTO In general, the ISO PP 00 01 01 05 - Personal Auto Policy covers the use of “your covered auto” for both personal and business reasons, not to imply that being a volunteer is a business activity, because it’s usually not as long as it has at least an arms-length disconnect from an insured’s business or employment. In either case, though, the PAP usually provides coverage for business use of private passenger autos, pickups, Spring 2014 • THE BIG “I” VIRGINIA

THE BIG “I” VIRGINIA • Spring 2014

vans, and trailers. In addition, under the definition of “insured” in the liability section, the volunteer organization is covered for its legal liability for the volunteer’s acts or omissions involving the auto. For personal use of nonowned autos, the “private passenger auto, pickup, van, and trailer” limitation does not apply in the ISO program. In other words, as long as the vehicle is an “auto” in the broad sense, the insured has coverage for the personal use of such vehicles. As a volunteer, that might include driving a fire truck, school bus, bookmobile, parade float, etc., if no other exclusions apply (see below). The volunteer organization is also covered by the volunteer’s policy for the volunteer’s acts or omissions IF the organization does not own the vehicle. Keep in mind, though, that many non-ISO personal auto policies may limit the size of the vehicle covered. While ISO’s form does not define “auto,” some carriers define it to include only vehicles less than 10,000 lbs. GVW. Needless to say, while the ISO form provides liability coverage for the nonbusiness use of any “auto,” there are still exclusions that might apply. For example, there is no coverage for autos furnished or available for an insured’s regular use. While driving a fire truck or school bus on a volunteer basis might be covered under the personal auto policy’s insuring agreement, it’s possible the “furnished or available for your regular use” exclusion might apply. Case law in your jurisdiction could provide guidance on this, but you’d certainly want to confirm it with your carriers. Another exclusion to be wary of is the one for use of an auto as a “public or livery conveyance”

or while “transporting persons or property for a fee.” Some carriers have tried to use these exclusions for the transportation of seniors or “Meals on Wheels” types of programs. However, if the volunteer is not being compensated, these exclusions should not apply. Even if compensated, if the work is being done for a specific organization, the “public or livery conveyance” exclusion should not apply. Finally, keep in mind that some states have enacted laws to protect volunteers and encourage volunteerism. Many of these laws have arisen out of the need for our increasing senior population to be able to get to medical appointments, religious services, shopping, and social events. In a 2004 Beverly Foundation survey of nonprofit volunteer programs, fully 40% reported problems with volunteers’ personal insurance protecting them. Some volunteers are told they need “business use” coverage, something that often doesn’t track with the language of the auto policy. As a result of these issues, a number of states like Maine and Michigan have enacted legislation to foster volunteerism. For example, Maine’s law (Code 2902-F Volunteer Drivers) prohibits insurers from refusing to insure, cancel, nonrenew, or surcharge volunteers on their auto policies. Similarly, Michigan’s law (Insurance Code 500.2118) prevents an insurer from refusing to insure or limiting coverage for a volunteer. Legislation in South Carolina was directed specifically to volunteer transport of seniors and persons with disabilities to limit liability to the driver’s auto insurance except for gross negligence.

Spring 2014 • THE BIG “I” VIRGINIA

THE BIG “I” VIRGINIA • Spring 2014

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Spring 2014 • THE BIG “I” VIRGINIA

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THE BIG “I” VIRGINIA • Spring 2014

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