More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
EXPRESS “What You Don’t Know Can’t Help You!” … Eddie K. Emmett, Editor / Publisher
Wayne Hooper Reports: The “Catch – 22” for Agents By Wayne Hooper
By putting a significant portion of agent's business with a carrier who might suddenly changes the rules of the game; he increases the risk of failure of the agency. Once upon a time, I thought having a direct contract with State Farm, Allstate, Nationwide, Farmers, ALFA or Liberty Mutual, to name just a few, was the road to financial success. They had good rates and excellent support. Times changed, I soon learned their vulnerability to termination or having their commission cut was even greater than the problems faced by the independent agents. Their top down management style was slow to respond to quick changes in the market or the economy. A lack of production or unprofitability was usually blamed on the agents for the first round of cuts, but when the production or loss problems were not resolved then the real solutions were sought.
Catch 22 as defined by Wikipedia "A catch-22 is a paradoxical situation in which an individual cannot or is incapable of avoiding a problem [1] because of contradictory constraints or rules. Often these situations are such that solving one part of a problem only creates another problem, which ultimately leads back to the original problem. Catch-22s often result from rules, regulations, or procedures that an individual is subject to but has no control over.
The insurance industry management is incestuous in that management jumps from carrier to carrier. This is fed by the "new kid on the block" syndrome where a manager from "Carrier A" must be smarter than "Carrier B" managers because they are bigger or made more money.
The term catch-22 was coined by Joseph Heller in his novel Catch-22. Initially this is based on the explanation of the character Doc Daneeka as to why any pilot requesting a psych evaluation hoping to be found not sane enough to fly, and thereby escape dangerous [2] missions, would thereby demonstrate his sanity:
Unfortunately, failed management philosophies spread through the industry like wild fire because of the lack of true understanding at the home offices of the market conditions. The number crunchers use fall back excuses on why the program did not follow the plans goal. The "Gen. X" product managers are cloning their competitor's programs without spending any time in field with their front line producers doing reality testing.
"You mean there's a catch?" "Sure there's a catch", Doc Daneeka replied. "Catch22. Anyone who wants to get out of combat duty isn't really crazy." So what's the "Catch-22" for insurance agents, whether independent or captive The "Catch" is the agent is encouraged to write a profitable volume of business with a carrier to qualify for a partnership status (trips, prizes, gift cards), higher commission levels or profit sharing. Yet the agent cannot control the rates, the losses, claims adjusting or the carrier’s expense factors on which his success is measured. FYI EXPRESS
A typical scenario is Carrier B copied the Carrier A's program, with the assumption they will write a large percentage of his business without analyzing the agency force, software, website and special incentives to Mega producers. Page 1
Continued on page 2 July, 2013
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
Wayne Hooper Reports: “Catch – 22”
(I have 100 year old kerosene lanterns for back up if the lights and battery's fail.)
Continued from page 1
The agent cannot control the rules, rates, regulations and procedures of the carriers but he can protect his self by using some common business sense.
Problem: Carrier B's program hits the agency force, while it is similar to "A's" program it's not outstanding, the production remains low.
A.M. Best ratings measure the financial stability of a carrier. You need to understand why a carrier is rated low or set some standard as to who you will do business. Startup carriers take 5 years to earn a rating, but a low rating on A.M. Best is a warning sign that needs to be investigated.
Solution: Carrier B is told by sales the rates must be too high for the territory. They lower the rates to see if production increases. Result: Carrier B's volume suddenly increases. (Carrier A increased rates), extra staff must be hired, commissions paid on the Net Written Premium (NWP) dramatically increases the expense factor, plus the extra expense of MVR's, CLUE's, and Credit Scores hits the bottom line.
Heavy dependence on Reinsurance to grow the company is not unusual but if it's carrying the carrier then it can suddenly go south if the reinsurer decides the program is a loser requiring you to rewrite a book of business. Review the 2012 page 14's summary of written and losses on auto coverage in the FYI Express – June 2013 edition to see how your carriers are doing.
Problem: Carrier B suddenly has a cash flow problem with the front end loaded expenses. The losses are beginning to chase the production spike in numbers. Carrier B is not profitable on this program due to rapid growth! Carrier B's management wants immediate changes.
Make sure your contracts clearly states that the agency owns the business. This is an important legal point if you need to sue in order to recover your book of business. A broker does not own the book of business in most situations, if business is flowing through an MGA, then being licensed with the carrier as an agent is a good thing as it cuts through the ownership question. If the MGA fails, the carrier can try to terminate the policies to recover premium owed on new business. (Yes, it happens!)
Solution: Carrier B has to slow production to get the expense ratio under control. Carrier B raises the rates, cuts commissions, terminates agents and pulls out of unprofitable territories. Result: Agents stop writing with Carrier B due to sudden changes in underwriting, contracts changes and mixed signs from the carrier as to the type of business they want. "The right kind of customer?"
Make sure you read and understand the carrier's contract appointing you as an agent. These are written to fully protect and indemnify the carriers against acts or failure to act by the agent, but many lack wording to indemnify the agent for errors and omissions by the company. An agent is a representative of the carrier so he has apparent authority to bind. It is possible that he can bind something beyond his authority. If the carrier has to pay, then they will come after the agent for the loss. It's important to understand your binding authority before writing business.
Problem: Carrier B is not getting enough production to offset the losses that continue to increase on the initial book of business written at the low rate. Renewals are dropping off due to the rate increase, agency termination and commission cuts so the expense factor is not resolving itself very quickly. (Project and Sales Managers are usually changed or fired at this point by Carrier B) Solution: Carrier B carrier assumes they can't make money in that (territory) (county) (city) state so pull out of the market! Carrier A remains in the market but reduces commission as they do not have competition.
I once had an argument with a CSR over endorsements adding and deleting cars. The customer deleted and added several cars but the company did not process them in the correct order. She claimed the system was locked up for money owed. It was too much trouble to offset the work done, and reenter the information in the correct order unless the customer paid the additional premium which he did not owe. I was able to talk with a supervisor who did the math and realized the carrier owed the customer not the other way around. The customer was calling the Georgia Insurance Department. The problem was solved, but I lost at least 4 hours in the drill with the run around. Life's too short to have to deal with a carrier with an attitude.
(The names of the above carriers were changed to protect the innocent, but you have probably represented at least one or more of these carriers in your agency) "What can you as an agent control"? I have heard that we truly control is less than 10% of our environment. I am sure that's a made up number, but when you think about it there are some really big things around us that we can't immediately control, such as the weather, the economy, electricity , gas or water. The list is endless, but most of us take steps to minimize the disruption (risk management) in our lives when one of the services we take for granted fails. FYI EXPRESS
Continued on page 3
Page 2
July, 2013
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
Wayne Hooper Reports: “Catch - 22”
The trick is doing a cost /benefit analysis as to whether the organization is really going to bring a value to your agency before joining the organization. (Catch-22)
Continued from page 2 Get in writing the commission levels to be paid on new or renewal business. If possible get it in writing from an officer of the company that any commission change will only apply to new business or at the renewal date of the existing business. (Remember nothing the marketing rep. promises you is binding) Why do I say this? The industry has a long history of broken promises. When it comes time for a parting of ways, a written contract can save you thousands of dollars. (Recently, a carrier paying commission on an earned premium basis unilaterally decided to stop paying, keeping the commission because their book of business was unprofitable.)
Summary FYI EXPRESS will have a round table discussion at the EXPO on July 12th for agents having company, commission and market problems. It will be an open discussion allowing the agents to vent but it will also allow you to explore markets and solutions to your problems. Eddie and I use an open forum to discuss ideas. I guarantee it will be entertaining and informative and well worth your time. Come to see us and share with us your agency issues.
Get profit sharing and bonus programs in writing. I have heard hundreds of stories about how the agent just missed the bonus or the profit sharing because some little number hidden in the calculation, after hitting all the obvious production goals. (The Catch-22 is the loss ratio)
Become a LegalShield Independent Sales Associate Today!
Most agency contracts have a personal indemnification cut through. It important that the agent understand the "personal i indemnification" means you can't just walk away from the agency if it doesn't work out. Any money owed the company is your responsibility. Unfortunately these are usually offered as a take it or leave it situation as a requirement for a contract. If an employee steals $30,000 from the agency, it's your problem, not the carrier’s. You have to pay it to the company. If you don't pay it, your life gets very complicated with your license being revoked, theft charges, collection agency calls and customers wanting to know why their policies are being cancelled.
We offer our members legal service products that provide assistance with legal issues no matter how trivial or traumatic. Our Associates are proud to offer LegalShield products, to their policyholders, friends, family and community empowering them to speak to an attorney about any issue without worrying about the cost. At LegalShield, Insurance Agencies benefit big. At LegalShield, we believe every insurance agency should have access to legal coverage and every insurance agency should be able to afford it. With all the fine print and legalities of running an insurance agency today, legal protection is a necessity, but it doesn’t have to be unaffordable.
Balance and control the agency’s bank account. Accidents happen on deposit statements, automatic bank drafts, key punch errors, bank fees and over draft charges. This is the most dreaded activity for the agency owner yet it is one of the most important. Every agency will find issues on their statements which needs immediate attention. I know of several failed agencies that turned this important function over to a clerk, CSR or a book keeper friend to keep it straight only to have their account over drafted by the carriers, with thousands of dollars in bank overdraft fees. They lost carriers in the process. If they were lucky the employee didn't steal too much in the process.
For one low monthly cost, you can lead your insurance agency with peace of mind knowing you’ll have access to legal advice when you need it most. From legal consultations and contract reviews to debt collection and more, we’ll help you and your business with any legal matter, big or small. Some of Our Insurance Agency Services Include: Legal consultation on unlimited matters Business law expertise
There is strength in numbers! Insurance company management loves large numbers so large agency organizations, cluster groups and Associations tend to get better deals on contracts, underwriting, profit sharing and bonuses. A new agency needs to be a member of a larger professional group (IIA, PIA, GIAA, etc.) In order to attract quality carriers, increase their commissions and reduce cost. Several standard carriers have it as requirement for appointment. FYI EXPRESS
Contract and document review Debt collection assistance Legal correspondence Trial defense services More information at Page 3
http://www.legalshield.com/hub/rickrpegram July, 2013
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
EXPRESS “What You Don’t Know Can’t Help You!” … Eddie K. Emmett, Editor / Publisher
Why Your Agency Will Fail In This Edition WAYNE HOOPER REPORTS: THE “CATCH – 22” FOR AGENTS ........... 1 AT LEGALSHIELD, INSURANCE AGENCIES BENEFIT BIG................... 3 WHY YOUR AGENCY WILL FAIL ...... 4 LOOKING TO HIRE... ........................ 6 SMALL BUSINESSES FACE LEGAL CHALLENGES ALONE.................... 18 WILL IMMIGRATION REFORM AFFECT YOUR AGENCY?? ........................ 22 AVOIDING SELF-SABOTAGE ........... 30 THE AGENT AS A SERVICING PRODUCER .................................. 38
I have the privilege of speaking with agency owners all over the country. It's from them that I gather the information I have shared in this newsletter for the last 25 years. 25 years? I've gotten old! I usually ask how they got started, how's it going and what are they doing about it. Does this sound like your story? You started small with low overhead, built a good client base and stopped doing the things that made you succeed in the first place. Instead you dream of a better location, increased staff, better equipment and, perhaps, multiple locations. But before you go off that fiscal cliff of higher payrolls and client acquisition costs, why not invest your time in the 4 simple things to guarantee your success? 1. Marketing & Lead Generation
INSURANCE EXPO 2013 “Rebooting Insurance Offices!”
July 11 – 13, 2013 Sonesta Gwinnett Place in Duluth, GA
Handing out business cards and wasting money on Yellow Pages are not "marketing" or "lead generation". If you don't have in place a way of being "Top of Mind" with your clients, you are bound to fail. 2. Sales and Conversion Do you know the closing ratio of your staff? What is the lifetime value of your customer?
Rooms only $94.00 if reserved by July 8th FYI EXPRESS
If you don't have a proven method of tracking sales, you are bound to fail. You can't improve what you don't measure. See Al Diamond's article in this newsletter for more tips. 3. Client Retention How often do you stay in touch with your clients? You can decrease E&O exposure and educate your clients at the same time. Check out Curt Persol's article in this edition. 4. Referral Generation What procedures, if any, are in place to gather referrals? Handing out two business cards is a waste of time. You should get video testimonials. I'll show you how. You should have an agency management system in place that tracks all of the above and more. I'll show you how to do all of this and more on Thursday morning at Insurance Expo 2013. AccuAuto thinks the content is so important that they are paying the registration fee for any agent or CSR who wishes to attend. Online registration is mandatory at http://ie13-agent.eventbrite.com. Use promo code AccuAuto and it's free to attend IE2013.
How much does each opportunity to quote cost your agency? Page 4
July, 2013
You are invited to the United Auto “Salsa Poolside Party”! Friday, July 12th from 5:00 p.m. – 9:00 p.m. at Sonesta Gwinnett Place
Free drinks, free hors d’oeuvres, free music Make an afternoon of it Earn 3 hours FREE CE by attending the “Industry Roundtable” from 1:00 p.m. – 3:00 p.m. then visit each of the Exhibitors in the Insurance Expo 2013 Trade Show from 3:00 p.m. – 5:00 p.m. FREE Online registration at http://ie13-agent.eventbrite.com The party starts sharply at 5:00 p.m. in the Pre-function Area outside the Trade Show and flows out to the terraces above the pool. It’s United Auto’s way to say “Thank You” to the hard-working agents & CSRs who make it all possible.
Why not make a night of it? Rooms at Sonesta Gwinnett Place are only $94.00 for Friday night. Online reservation link at www.FYIGeorgiaViews.com
INSURANCE EXPO 2013 “Rebooting Insurance Offices!” July 11 – 13, 2013 Sonesta Gwinnett Place in Duluth, GA
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
Looking to hire... I looking for someone to join my team, this is a part time position to full time position. I need a licensed insurance agent to work afternoon shift from either 3 or 4 or 5pm to 9pm and weekends Saturday and Sunday.
What if …? What if you needed Legal Advice Today? Our plan is to help your business succeed. With Legal Shield, you’re always one phone call away from legal assistance, allowing you to focus on building and protecting your business. And because our dedicated law firms are paid in advance, their sole focus is on serving you, rather than billing you. It’s as simple as it is affordable; when you succeed, we succeed. We currently provide legal coverage for over 37,000 small businesses and we’d like to do the same for you.
Agent would work out of their home and answer incoming calls and from dealerships and take care of existing customers, I will provide computer and phone you will need to provide reliable internet. I need someone with experience with EZLynx, ams360. Please call 678 772 1462 and ask for Peter Laczko. ________________________________________ Blake Insurance Services in Ellenwood, Georgia is looking for producers licensed in L&H. We have the best products on the market that is easy to sell to the energetic person. High commissions! Give us a call at (678) 5650552. Maxine S. Blake, Agency Principal
The Small Business Plan includes the following areas plus many more. Debt Collection
Contract Review
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10 initial collection letters written per month 3 contracts (up to 15 pages each) reviewed each month
A British bar in New York was served a $2,500 fine after advertising a position that sought someone with knowledge of British culture. ________________________________________
Executed Contract Review
1 signed contract (up to 10 pages) reviewed each month
Document Review
3 business documents (up to 15 pages each) reviewed each month
Legal Correspondence
1 letter per legal subject matter per year (with a copy for your files)
Trial Defense Services
75 hours per year (15 pre-trial, 60 at trial) if your business is named defendant or respondent in a covered civil action relating to business.
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25% discount on hourly rates for additional litigation and legal work, and 5% discount on standard contingency fees.
For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013. FYI EXPRESS
Interview Questions: 15 Topics that Cause Trouble Q&A By Robin Thomas, Managing Editor Are your job interviews a lawsuit waiting to happen? Ask a “wrong” question, and you could land your organization in court for discrimination. Find out the 15 topic areas you should never ask about, as well as several “safe” questions you can ask when hiring. Q: We are going to begin screening applicants using online video interviewing. Are there any particular issues we should be aware of to prevent potential discrimination claims, such as topics we should not ask about in the online interviews? A: While video online interviewing adds a great new tool to your applicant interview process, the questions and topics you should watch out for to prevent discrimination claims are really the same regardless of the medium you use to interview candidates. Whether you are interviewing applicants over the telephone, via video chat online, or face-to-face, there are several topics you need to be careful addressing to ensure you do not elicit information about the applicant’s protected class membership, such as race, national origin, and age. Continued on page 8
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July, 2013
Alan Z. Givens
(678) 995-1516
Do U Know? In today’s fast paced, ever changing business environment the more you know about your agency and the opportunities it holds, the better off you will be today and in the future. Here is a checklist of things you should know:
The value of my agency today and in future! What am I doing to increase my value every day? Are my employees increasing my value? Am I growing and do I have good producers? Am I reaching my personal financial goals? Do I have an exit strategy in place? Is it time to focus on the BIG PICTURE? Having owned and sold an agency, worked on over 30 agency acquisitions and valuations, as well as recruited over 50 producers, account managers and CSR’s for agencies, I can use my 20 years of experience to help you put your business in tip-top shape for whatever your goals are for you and your family. For a free consultation, please take the time to give me a call to discuss MERGERS, ACQUISITION & RECRUITING AND AGENCY PLANNING.
Alan Givens FREE CONSULTATION Acquisition Business Consultant Suwanee, Georgia. (678) 995-1516
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
Interview Questions Continued from page 6 (Download free Hiring model policy including HR best practices and legal background.) The Equal Employment Opportunity Commission (EEOC) and most courts assume that every preemployment question is asked for a purpose, and any answer will then be used to influence hiring decisions. Thus, the simple act of asking about an applicant’s age or family status could be used as evidence of discrimination, unless you have a legitimate job-related reason for the inquiry. But, if your questions are worded properly, you may be able to get the information you need to evaluate your candidates and avoid legal trouble. Below are some basic rules to help you clean up your application forms and interview questions and suggestions for better questions. Federal and state laws protect job applicants and employees from various forms of discrimination. At the federal level, there are prohibitions on employment discrimination based on race, color, religion, sex, national origin, pregnancy, age, citizenship status, disability, military status, union membership, and genetic information. State and local fair employment laws also may protect additional classes and often apply to smaller employers. Many states add protections against discrimination based on marital status (including California, Florida, and Illinois) and arrest records (including California, Michigan, and New York), while some also prohibit sexual orientation discrimination (including California and Massachusetts). Over half of the states also protect smokers against adverse employment decisions based on smoking off-duty, and some even protect the off-duty use of “lawful products” (Illinois) and the off-duty participation in lawful activities (New York).
To prevent any inference of discrimination, you should review interview questions and application forms to eliminate questions that may invite information on the following 15 topics. We also have suggested alternative questions to ask to elicit information you may legitimately need to evaluate the candidate. 1. Race and ethnic origin. Do not ask questions about an applicant’s race or ethnic origin. Application forms should not request a photograph or inquire about physical attributes (such as color of eyes and hair). Do not ask for information about the social organizations or clubs to which the candidate belongs since these memberships could expose racial and ethnic characteristics. There are no acceptable ways to ask about a person’s race or ethnic origin. 2. National origin. Do not try to determine whether a person is from another country by asking applicants to reveal their national origin or citizenship. Questions regarding the applicant’s birthplace, or the birthplace of an applicant’s spouse or parents, should be avoided, as should those about the origin of the applicant’s name. Similarly, you should not ask how long an applicant has lived in the United States or request an applicant’s Social Security number at this stage and should wait until after an offer is made (see #3, below). If you are concerned about an applicant’s national origin for security purposes, a better approach is to conduct thorough background investigations of qualified candidates post-offer to determine any actual security risks. A background investigation, including checks of drivers’ licenses, references, and criminal history, should turn up any security risks without implicating the employee’s national origin. In addition, unless Englishlanguage proficiency is a bona fide job requirement, do not rate a candidate on this skill.
Therefore, to prevent legal claims and misperceptions, you should make sure all questions you ask during the hiring process are related both to an applicant’s ability to perform the job and suitability for the position. In addition, you should analyze questions for their potential to “screen out” certain groups disproportionately and consider alternative questions, if necessary. According to the EEOC, a “screening out” question is allowable only if: (1) the information sought is necessary for the safe and efficient operation of the business; (2) the question effectively targets this information; and (3) there is no other less discriminatory way to obtain this information. (Note there are three situations where you may ask questions that could elicit information about protected class membership: (1) to complete an affirmative action plan; (2) to conduct post-offer medical examinations; and (3) to complete necessary paperwork before employment begins.)
Instead, you may ask if an applicant is eligible to work in the United States and state that you will require evidence of eligibility to work. You also may ask if an applicant speaks another language, if applicable to the job. 3. Social Security number. Do not request an applicant’s Social Security number until after an offer is made and there is a job-related reason for asking for the number. For example, once an offer has been made or the employee has been hired, you may need the Social Security number to complete a background check, verify an applicant’s authorization to work in the U.S., or for payroll purposes. So, while some employers may be tempted to obtain this information at the screening stage as a convenience, an applicant’s answers to interview questions seeking that information (or for documents to prove eligibility to work in the U.S.) may indicate his national origin (see #2, above). Continued on page 10
FYI EXPRESS
Page 8
July, 2013
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For more info, call 1-800-229-2009 or visit www.accuauto.net
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5. Genetic information. Under the Genetic Information Nondiscrimination Act (GINA), you should not collect genetic information about applicants or their family members. Accordingly, you should not ask questions about an applicant’s family medical history, genetic predisposition to particular diseases, or use of genetic services such as genetic tests or genetic counseling. There are no acceptable questions about an applicant’s genetic information.
What if …? What if one of your customers filed suit against you? Who would you call? Which attorney handles this type of suit? Unexpected business legal questions arise every day. With LegalShield Small Business plan you'll have access to experienced attorneys to advise you on a variety of legal issues, and on an unlimited basis for a full year for much less than the average cost of a two hour consultation. Get advice on legal questions or issues concerning your small business. For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013.
You can ask if an applicant has ever been known by another name, in order to facilitate accurate reference and background checks post offer. Further, if unscheduled overtime or travel is a job requirement, you can ask about an applicant’s ability to work overtime or travel with little notice. You also can ask about an applicant’s long-term career goals. 7. Age. Do not ask about age or date of birth or for age-related information such as graduation dates, except in limited circumstances (see #9 below). Instead, you may ask if the applicant is of legal age to work. You also may ask for dates of graduation if this information is necessary for the job and you intend to verify it in a background check. (It typically is prudent to ask for this information after a job offer is made.)
Interview Questions Continued from page 8 In that case, the danger that the answer may be presumed to have affected the hiring decision outweighs any time savings. There are no acceptable reasons for asking for a Social Security number before an offer is made. 4. Disability and health conditions. The Americans with Disabilities Act (ADA) prohibits all preemployment medical inquiries prior to a conditional offer of employment. So, don’t ask questions about specific diseases or illnesses, the number of days the applicant was sick in the previous year, workers’ compensation injuries or claims, mental health problems and history, past addiction to drugs or extent of past illegal drug use, or prescription drug use. Further, you should not ask if the applicant needs a reasonable accommodation to perform the job, except when an applicant has an obvious disability that you reasonably believe needs accommodation or he discloses a disability that requires accommodation. Instead, you may ask about the candidate’s total number of absences in the previous year, as well as about current use of illegal drugs. Also, you may ask all applicants about their ability to perform the functions of the job, with or without an accommodation, and whether they need a reasonable accommodation in the preemployment process, such as assistance completing the application.
FYI EXPRESS
6. Gender and marital status. Do not ask for a person’s gender, maiden name, marital status, spouse’s name, preference for “Miss,” “Mrs.,” or “Ms.,” pregnancy or family plans, or childcare arrangements.
8. Religion. Do not inquire about an applicant’s religion, church affiliation, or religious holidays observed. Instead, you may ask about the applicant’s ability to work on weekends or holidays, if availability is job-related. However, you should be aware you may have to accommodate applicants whose religious observance conflicts with work schedules, if it is not an unreasonable burden to do so. 9. Educational requirements. If specific educational requirements are not required by the job, then you should not ask for them. Educational requirements may be considered discriminatory if they screen out protected class members unless they specifically are necessary to perform the job in question. Generally, it is acceptable to require applicants to have a certain grade point average and to ask for an educational transcript as long as it is required of all applicants for the same position and relevant to the job. 10. Union membership. Do not attempt to determine an applicant’s current or intended union affiliation. There are no acceptable questions about union status. 11. Military status. You should not inquire about a candidate’s military status or type of military discharge or future military commitments (e.g., reserve status) that may require time off from work. You may ask about job-related military experience or training applicable to the job.
Page 10
Continued on page 12 July, 2013
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Interested in using an article from HR Matters E-Tips on your Web site or in a newsletter?
Interview Questions Continued from page 10
Please contact Robin Thomas, Managing Editor of Personnel Policy Service, Inc., to request permission. You can contact her by email at editor@ppspublishers.com.
12. Arrest or criminal record. Asking about a candidate’s arrest record is expressly prohibited under many state laws and can expose you to claims of disparate impact based on race under federal and state law. You may ask about convictions, but should limit this question to jobs where a conviction is relevant to job performance since excluding applicants based on convictions can have a disparate impact on minority candidates. Further, you should indicate that a conviction does not automatically disqualify the applicant from consideration to show that your policy is not intended to screen out individuals solely based on the conviction. 13. Financial status. Do not ask about a candidate’s financial status (unless job-related), past pay garnishments, or bankruptcy. You may, however, perform credit checks if you follow the requirements of the Fair Credit Reporting Act. The Act requires employers that use outside agencies to perform credit or other background checks (including criminal, reference, or driving record checks) to comply with comprehensive notice, consent, and disclosure obligations both prior to doing the checks and after the results of the checks are reported. 14. Smoking, drinking, and other legal off-duty activities. Do not inquire about smoking, drinking, or other legal activities that the applicant may engage in off-duty. More than half of the states protect smokers against employment discrimination based on smoking off-duty, and a growing number prohibit discrimination based on any lawful off-duty activity.
YOU CAN TRUST PPS Information provided in HR Matters E-Tips is researched and reviewed by the HR experts at Personnel Policy Service as well as employment law attorneys. However, it is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.
What if you could speak with an attorney anytime for matters that may be trivial to traumatic? And what if you could have your Will, Health Care power of attorney, and Living Will done at no additional cost? What if you could have all this and more? What if you could live more, and worry less? For as little as $17.00 a month, you can! For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013.
You can inform an applicant that your workplace is smoke-free or restricts smoking if that factor is applicable. You also can ask about hobbies and interests outside the workplace, though even these innocent-sounding questions can expose an applicant’s protected class status. 15. Other equal employment opportunity information. Do not ask about prior equal opportunity claims, sexual orientation (protected in several states), or nonprofessional memberships, since these inquiries may indicate the applicant’s protected class. As a further precaution, it is also good practice to include an equal employment opportunity statement on your application that indicates you do not discriminate against applicants based on membership in a protected class. Some employers go a step further and specifically instruct applicants not to list any organizations or activities that may indicate they belong to a protected class. Content for your HR Matters E-Tips newsletter is developed from our flagship publication, the HR Matters Tools and Resource Center, featuring the Personnel Policy Manual System (PPMS). See how it works. FYI EXPRESS
A.A.I.C./ S.G.A. is pleased to announce the addition of Mark Stewart as marketing manager for the company's newly formed Georgia division. Mark comes to A.A.I.C./ S.G.A. following a position as sales and operations manager with SweetJack LLC, a daily deal and social media marketing company under the Cumulus Media brand. Previously Mark served in a similar capacity as a Georgia territory marketing representative with American Century Casualty Company. For any questions concerning A.A.I.C./ S.G.A.'s products and availability please contact Mark directly at mstewart@southerngeneralauto.com.
Visit Mark at Insurance Expo 2013 Trade Show Page 12
July, 2013
www.underwritersinsider.com
9
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These include national and regional trends like the increasing costs to repair vehicles, rising hospital bills and more lawsuits. Myth No. 6 Newer cars are always more expensive to insure. Truth: Some newer cars are less expensive to insure than older ones are. It depends on the year, make and model. Check around. Myth No. 7 Dress Code at Insurance Expo 2013
Smaller, less expensive cars are cheaper to insure.
Be comfortable! Wear shorts if you wish.
Truth: This depends on your coverage. For collision and comprehensive coverage, this is often not the case because smaller cars typically sustain more damage in an accident and have a higher rate of being "totaled" in a collision.
They don’t call it “Hot-Lanta” for nothing!
Myth No. 1
Myth No. 8
The color of my car affects my car insurance rates. Bright red cars, especially, are more expensive to insure. Truth: The color of your car has no bearing on your rate. Red, yellow, purple, zebra-striped, it makes no difference. Myth No. 2 "Full Coverage" includes rental and towing coverage. Truth: Rental and towing coverage are individual riders that are generally added on separately and carry additional costs. Myth No. 3 My driving history is the only factor that determines my car insurance rate. Truth: There's a lot more to your rate than your record. Other factors include your age, type of car (typically, the better the crash-test score, the better your rate), the intended use of your car and theft rate in your area (urban areas or "port" cities usually have higher theft rates than do rural areas). Also, if you are a student, good grades can help reduce your premiums. Even your credit history can play a part in the overall evaluation. Myth No. 4 Comprehensive insurance covers mechanical problems. Truth: No. Comprehensive coverage pays for damage to your car that is not the result of a car accident. This includes such things as theft, vandalism, hail, fire and flood. But trouble with your transmission is on you. Myth No. 5 If I stay ticket- and accident-free, my rate will go down.
Buying insurance online saves me money. Truth: Your insurance policy likely won't be important to you until you need to make a claim. Should you have a claim and find that you don't have the proper coverage, you may have to come up with the money out of your own pocket, and that could cost you far more than the savings you realized by purchasing a policy online. A good insurance agent can help you analyze your current policy and make recommendations so you have the best experience possible when you have to use your insurance. Additionally, many major brick-and-mortar insurers offer discounts that can be overlooked sometimes in an online purchase. Myth No. 9 "No-fault insurance" refers to an accident that is not the policy-holder's fault. Truth: "No-fault insurance" simply means that your own insurance company pays for your injury-related bills, regardless of who is at fault. Myth No. 10 My car will be declared "a total loss" if it cannot be driven away after an accident. Truth: Your insurance company will determine whether your car should be totaled. A total loss is declared when the repair costs exceed a certain threshold of the car's present value. That generally falls between 50 percent and 70 percent, depending on the insurance company. Myth No. 11 If my car is totaled, my insurance will pay off what I owe on my loan. Continued on page 16
Truth: Remaining ticket- and accident-free will help lower your rate over time, but other factors can keep that rate where it is or even make it go up. FYI EXPRESS
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July, 2013
U.S. Insurance Services 800-874-1738
American Reliable Insurance Company’s
New Georgia Motorcycle, ATV & UTV Program Now Available! Enhancements
Direct Bill – Low down payments with 2-pay, 4-pay or 11-pay plans available (no EFT requirement) Liability and Comp Only Coverage available Flexible Deductible Options - select comp & collision deductibles right for your customer $3,000 Accessories Coverage included with purchase of OTC (Other Than Collision) coverage Utility Vehicle Coverage (ex. Polaris Ranger, Yamaha Rhino) available
Discounts
Reliable Driver (clean driving record last 3 yrs) Paid in Full Discount Multi Policy riders with other Assurant or American Reliable policies qualify (mobile home, flood, renters, boat, jet ski, commercial, health) Motorcycle Endorsement (riders with a motorcycle endorsement on drivers license) Homeowner (home, condo or mobile home owners) Prior Proof – Riders with prior proof of insurance within the last 12 months Motorcycle Association (i.e. HOG, Gold Wing, Christian Bikers) Theft Deterrent Device (LoJack, GPS, Audible Alarm) Tier Level Multi-Unit Discount Motorcycle Safety Course 10% (basic, intermediate or advanced license) Renewal Discount
For questions and new appointments, contact Blair Fox. blair.fox@assurant.com
A FL 1021 0113
904-687-3155
PO BOX 47000 ▪ Jacksonville, FL 32247-7000 ▪ Toll Free 800-874-1738 ▪ Fax 800-342-9156 ▪ http://preferredagent.assurant.com
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Truth: When your car is totaled, your insurer will pay you the actual value of your car (before the accident), minus your deductible. You are still responsible to your lending institution for any amount outstanding on the loan or lease. The only way to cover the difference between the car's actual value and the amount you owe on the loan is to purchase gap insurance. Myth No. 12 My insurance will cover me if my car is stolen or vandalized. Truth: Unless you have comprehensive coverage, you are not covered for these things. A bare-bones policy in most states is liability-only and will only cover damage you cause to others' cars. If you want to fully protect your vehicle from damage due to accidents, weather, crime and acts of God, you should have collision and comprehensive coverage. Myth No. 13 Thieves are more likely to steal new cars. Truth: It's actually the other way around. Statistics indicate that thieves actually tend to steal older cars. There are two primary reasons: 1) They are easier to steal and 2) They're more valuable on the used-car-parts market, which is particularly strong, especially in a down economy. Myth No. 14 If items are stolen from my car, they are covered under my auto policy. Truth: Generally, it's your homeowners or renters policy that protects anything stolen from your car. Myth No. 15 Drivers of sports cars get more tickets and thus pay higher insurance premiums. Truth: Not necessarily. A lot of other factors determine premiums. (A 35-year-old Corvette owner with a good driving record will probably pay less in premium than a 24-year-old Scion tC driver with points against his record.) According to a recent study by Quality Planning, a solutions consultant for automobile insurers, nine of the top 10 cars with the most traffic violations were nonperformance models.
“My agent never advised me about that coverage, or product." Now you have put the advising responsibility on the "Expert Lawyer". It would be the insureds Error & Omission if they didn’t do as you advised, and it would be the lawyer's Error if he advised the customer in error or omitted something that the policy should have covered or been purchased. Priceless, right? This one Form can and will save you possibly $1,000,000 of dollars. And it is my gift to you as a fellow Independent Agent. Even if you don't sell one Legal Shield product you will protect yourself from E&O's, and if the customer makes the smart choice and they purchase Legal Shield and/or Identity Theft Memberships, you make money. So you see, sometimes just protecting ourselves and our business by doing our due diligence, we make money! WOW! I call that the WIN/WIN every time. So, the form is free from me to you. It cost you nothing to become an Associate to offer Legal Shield products, and you start out as a General Agency which is five levels up the commission tier at 40% commission, not 18%. Okay, "What's the Catch?" You do need to become a "member" to sell Legal Shield. So there are a couple of ways of doing that. You can purchase the Legal Plan for $17.00 a month. You can also add Identity Theft to that plan for $10.95 more. Both plans cover you, your spouse, and your children (up to 8 children). You can do this at my web site listed below. If you decide you want the Legal Plan for the self-employed, that plan cost $49.00 and covers your business and your family. So, you see, the catch is, protect yourself and make money. That's a tough one, RIGHT! Smart decision. Two final things: rickrpegram.legalshieldassociate.com 1.) The above link has my name in it will take you to areas that describe the many facets of Legal Shield and our Identity Theft products. Just click on it and explore. I am attaching the forms needed to sign up to become a General Agent and remember, that cost you nothing. Fill out the forms and mail or scan / email back to me. My mailing address is below also. 2.) You will be impressed at how quick and easy the learning and buying process is. And when you become an Associate, you will have the same website with your name on it for your customers available for sells. After, we get this started, and you have had some time to explore all the information on the link, we will talk again. In fact, call me anytime if you have a question. Thanks again for considering joining the Legal Shield team. I know it will be a great revenue producer for you and give you and your business the protection it needs against E&O and other possible lawsuits.
Visit the LegalShield booth at Insurance Expo 2013 and pick up you own customizable E&O Selection / It's simple, it's needed, and it fits the insurance agency Rejection Form that every customer should sign before model. Protect your customers fully, they depend on you. they leave your office. Even if they just come in to make a Rick http://www.rickrpegram.legalshieldassociate.com payment. This one simple form will prevent E&O claims, because you have taken away the customers excuse that, FYI EXPRESS Page 16 July, 2013
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Small Businesses Face Legal Challenges Alone New Study Shows Large Number of Small Businesses Don’t Seek Legal Help Despite Risks DALLAS (June 20, 2013) – A new nationwide study released today by LegalShield shows a majority of America’s smallest businesses – those with 250 employees or less – go at it alone when it comes to dealing with legal issues that impact their business. From debt collection, to contract disputes, to regulatory interpretations and employee issues, small business owners increasingly make critical decisions that could affect the success of their business without the benefit of advice or counsel from an attorney. The Legal Needs of Small Business Survey shows that more than 13 million small businesses – nearly 60 percent of all small businesses – experienced significant legal events in the past two years. However, a majority of those businesses (54 percent) did not seek the services of an attorney to help them deal with those issues. When asked why they did not hire an attorney, 57 percent reported they believed they could handle legal issues better on their own, while 40 percent said they did not use an attorney because of cost concerns. The reluctance to use an attorney comes despite the fact that nearly all respondents listed at least one legal issue – debt collection, insurance disputes, government regulations, tax issues, contract concerns, intellectual property protection, product liability and threats of lawsuits by customers and employees – as one of the “greatest threats to their business.” “Our study clearly points to a dangerous cost-benefit issue in the marketplace,” said LegalShield CEO Rip Mason. “A frightening number of small businessowners deal with legal issues on their own because they don’t believe hiring an attorney is worth the significant cost they have to pay. Fortunately, having access to legal advice and counsel does not have to be expensive. LegalShield Small Business legal protection plans take the cost-benefit debate off the table. For a fraction of what a small business would pay an attorney to handle a single issue, they can have access to their own dedicated law firm for advice and counsel.” Legal expenses for small businesses can be significant. Owners reported spending an average of $7,600 in legal expenses per year with 20 percent saying they spend $10,000 or more per year for legal help. With LegalShield Small Business plans, owners instead pay between $75 and $125 per month, depending on their number of employees, to have year-round access to a range of legal services they need to protect their businesses.
FYI EXPRESS
The most sought after legal services by small businesses, according to the survey, are assistance with debt collection and review of contracts, agreements and other important business documents – two prominent services covered under a LegalShield Small Business Plan. LegalShield attorneys also provide consultation on such issues as incorporation, intellectual property protection, employment issues and vendor problems. Services covered under LegalShield Small Business plans include: • Ten initial debt collection letters written per month; • Three contracts, up to 15 pages in length, reviewed each month; • Three business documents reviewed each month; and • Up to 75 hours in trial defense services, including 15 hours of pre-trial preparation and 60 hours at trial, on covered matters. “When looking at the data on the kinds of legal issues business owners are handling on their own, it becomes clear they are spending a lot of time on this effort,” Mason said. “This is time they’re not spending on growing their business. Small business owners have to wear a lot of hats, but being the company attorney is not one of them when they have ready and inexpensive access to advice and counsel through our small business legal plans.” More information about LegalShield Small Business offerings, including a complete description of benefits and exclusions, can be found at www.legalshield.com/legalshield-plans/small-business/.
What if …? What if you could have every contract you every signed or would sign up to 10 pages long, reviewed by a attorney during one year for the price of an average hour of one consultation? For as little as $17 a month, LegalShield gives you the ability to talk to an experienced attorney about any legal matter without worrying about high hourly costs. From real estate to divorce advice, speeding tickets to will preparation and more our attorneys will help with any matter--no matter how trivial or traumatic it may seem. See more at http://www.rickrpegram.legalshieldassociate.com, and stop by my exhibit at Insurance Expo 2013.
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July, 2013
Georgia e gia Geo gia Georgia Georgia Geo gia Georgia Homeowners
Dwelling Fire
Vacant Dwellings
Mobile Homes Builders Risk Flood
Serving the Needs of Insurance Agents since 1948
WWW.NATLLOYDS.COM 800.749.6419
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Do they trust the company can do a good job? Do they trust that the value is there? And, of course, do they trust the integrity of the company? From the managers’ viewpoint, is there confidence – or trust – that the employees will do a good job? The Shepard Letter
From the employees’ viewpoint, do they believe their managers trust them?
Trust Enhances Employee and Customer Experience In a customer service culture, trust is of the upmost importance in the customer and employee relationship. In the perfect setting, management must trust employees, employees must trust management, and the customer must trust the company. This is the “Three Legged Stool” theory in action. For those not familiar with this concept it is simple. If you have a three legged stool and one of the legs is taken away, the stool falls over. If any one of these groups mistrusts any of the others, there is no chance for customer loyalty.
Years ago I worked at an auto parts store. I didn’t know all that much about auto parts, but after a short period of time the owner trusted me enough to leave town for a weekend and put me in charge. Sure, I made mistakes, but he trusted me to use my best judgment. It was an incredible learning experience, not to mention a confidence booster. He took advantage of my mistakes and turned them into learning opportunities, so that I would do it right the next time. Then he trusted me enough to leave again. John Venhuizen, Ace Hardware’s CEO summed it up well in an interview: “Every time a customer walks through our doors, that customer is trusting our associates (employees) to help them to solve a problem, and to buy the right product. Possibly, that solution we come up with involves the home where their kids sleep every night. Now, whenever you accept advice from someone about what you’re supposed to do in order to protect and take care of your home, that’s a significant leap of faith. That means the level of trust and emotional connection that associate needs to be able to build up with the customer is huge. By the same token, the trust and emotional connection the store owner builds up with the associates has to be pretty huge too. So, we know that in order to win that high level of trust with the consumer, we have to establish a trusting relationship with the employee first.” In the perfect business relationship, trust abounds. Not just between the customer and the company, but also inside of the company. It enhances the customer experience. It enhances the employee experience. In business, trust is a must! NOTE: This article is a modified expert from Shep Hyken’s upcoming book Amaze Every Customer Every Time: 52 Tools for Delivering the Most Amazing Customer Service on the Planet, which appears in stores everywhere in September 2013. Preorder the book and get valuable extras at www.AmazeEveryCustomer.com.
So, what is mistrust? A lie, of course, would cause mistrust, but this is more about confidence. Can people count on people? Does the system always work, or is there doubt, even the smallest amount, that something will go wrong? From the customers’ viewpoint, is there confidence in the information or the service they get from someone at the company?
FYI EXPRESS
Shep Hyken is a customer service expert, professional speaker and New York Times bestselling business author. For information contact (314) 692-2200 or http://www.hyken.com. For information on The Customer Focus™ customer service training programs go to http://www.thecustomerfocus.com/. Follow on Twitter: @Hyken (Copyright © MMXIII, Shep Hyken)
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July, 2013
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Will Immigration Reform Affect Your Agency?? You can count on that. I bet you already have Hispanics in your book of business, and who doesn’t? With immigration reform, 11-12 million more Hispanics are going to enter the insurance marketplace looking for auto, home and other insurance products. Are you ready? In 2012, the Census Bureau estimated that over 900,000 Hispanics reside in Georgia alone, the vast majority of who are from Mexico. The Hispanic population is growing the fastest in the southeastern states in the U.S. Hundreds of thousands return home annually by auto during the summer and at Christmas to visit family. 36 million vehicles make 85 million entries into Mexico from the U.S. annually. This is a HUGE market with great revenue opportunities for intelligent agents. Agents can now take advantage of this Huge Emerging Market by cross selling Mexico auto insurance to this group. U.S. auto insurance provides NO coverage in Mexico. Use our award-winning, bilingual system to immediately issue official Mexico Auto Insurance Policies directly from your office in 3-5 minutes AND/OR sell them from your agency website. The highest commissions, lowest prices, and excellent coverage are available from three of Mexico’s largest and most respected A-rated insurers. Free Spanish language and bi-lingual promo materials are provided agents. Stop by our booth in Duluth at the Insurance Expo 2013, July 11-12 at the Sonesta Gwinnett Place and speak with Floyd Woods, MGA, and Director of Marketing or contact him at (956) 584-3727 or woodsfloyd@hotmail.com immediately for more info on becoming an authorized agent. Look for the booth with the huge flag of Mexico as its backdrop. See you there.
FYI EXPRESS
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July, 2013
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Go to www.EandOQuote.com for more information
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A truly happy person is one who can enjoy the scenery on a detour.
THE POSITIVE SIDE OF LIFE: Living on Earth is expensive, but it does include a free trip around the sun every year. How long a minute is depends on what side of the bathroom door you're on.
If Wal-Mart is lowering prices every day, how come nothing is free yet? You may be only one person in the world, but you may also be the world to one person.
Birthdays are good for you; the more you have, the longer you live. Happiness comes through doors you didn't even know you left open. Ever notice that the people who are late are often much jollier than the people who have to wait for them? Most of us go to our grave with our music still inside of us. Some mistakes are too much fun to only make once. Don't cry because it's over; smile because it happened. We could learn a lot from crayons: some are sharp, some are pretty, some are dull, some have weird names, and all are different colors....but they all exist very nicely in the same box. FYI EXPRESS
This might just be the funniest YouTube video I have ever watched that explains why “Men are from Mars, Women are from Venus” http://www.youtube.com/watch?v=-4EDhdAHrOg
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July, 2013
Benefits of becoming a producer: We strive to provide leading edge technology tools to improve the management of our business techniques so we can deliver fast and accurate service. Below is a list of "Key Benefits" offered to you and your customers. • • • • • • • • • • • • •
Down-Payments with Credit Card or E-Check Electronic Signature Commission Paid Twice Monthly Multiple payment options for customers Recurring EFT Web enabled Point-of-Sale and Policy Administration System Real time Agency Reporting Real Time Endorsements POS Endorsement Issuance Competitive Rating Structure Fast and Friendly Customer Service Reliable In-Office Claim Service 100% Reinsured by an A+ A.M. Best Rated Company
Have you chatted TODAY? Aggressive now offers online chat to agents and insured’s. You’re a click away from chatting with an Underwriter.
Aggressive's low down payment options make it easy for customers to get the coverage they need at a price they can afford. By continuously developing new and improved techniques for independent agents and maintaining unmatched service levels for customers, Aggressive is establishing new standards in the automobile insurance industry.
4500 Fuller Dr Suite 400 Irving TX 75038 866-424-9511 ph 866-424-9510 fax David Emmett Operations 770-490-7861
Janice Cantrell Marketing 912-398-5295
marketing@aggressiveusa.com
www.aggressiveusa.com
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You can read all about it at http://www.fyigeorgiaviews.com. Hallmark is but one of the companies pulling back in Georgia. Do you need replacement carriers?
What if …?
You need not look farther than the Virtual Trade Fair on the FYI website.
What if you have the police come to your door and they have a warrant to arrest you for outstanding traffic tickets and accidents? Someone has stolen your identity and made your driver’s license theirs. Think it can't happen to you? It has happened to hundreds of people. Identity theft affects millions of Americans each year. LegalShield offers two high quality identity theft plans. LegalShield Identity Theft Plan provides standard identity monitoring and the Identity Theft Premium Plan has more comprehensive monitoring. Best of all, both services provide Comprehensive Identity Restoration from Kroll Advisory Solutions. So in the unfortunate event something does happen to your identity, you’ll have professional help in getting your identity restored to what it was before the fraud occurred. To ensure you have the best coverage possible, the LegalShield plans includes you and your spouse and for only an additional $1 per month you can add Safeguard for Minors to cover up to 8 dependent children under the age of 18.
Go to http://www.fyigeorgiaviews.com/IE2013/Virtual_Links.htm and check out each of the companies that plan to participate in this year’s Insurance Expo 2013. There are others, of course, but I don’t mention their name since they are not participating in the Insurance Expo 2013. Then make plans to attend Insurance Expo 2013. Rooms at Sonesta Gwinnett Place are only $94.00 but th the cutoff is July 8 . Online registration link and more IE2013 info is at http://www.fyigeorgiaviews.com. See y’all next week. eke
For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013. _______________________________________ Good afternoon to you, Mr. Emmett,
Lunch at Insurance Expo 2013
Hope to find you and your family well. We are doing good over here. We are very excited and looking forward to a great future. I missed the May Expo :( but I will try not to miss the next event. I need a piece of advice from you; Hallmark Insurance Company is no longer selling New Business in Georgia. I NEED to get appointed by some other company that sells Homeowners products. Who could you recommend? Or are you aware of any good companies appointing at this time? Like always I appreciate any help you can provide. Thank you kindly, Searching Dear Searching, Companies terminating agency contracts and cutting commissions is the cover story of the June edition of FYI Express. I call it “The Axeman Cometh!”
FYI EXPRESS
You are on your own for lunch from 12:00 p.m. – 1:00 p.m. The hotel has a very nice lunch buffet in the Grapevine Restaurant reasonably priced at $10.95 per person. This has a salad and fruit bar, soup of the day, hot items including at least 2 entrees and side dishes, and a variety of desserts. This would be my first recommendation since you only have a limited amount of time. Options outside the hotel: TGI Friday’s, Popeye’s Chicken, Georgia Diner, and Bahama Breeze are across the street (all walk-able – though the Bahama Breeze has a busy street to cross). All but Popeye’s are table service, so timing could be an challenge. By car, there is about every fast food and chain restaurant you can name. The closest are Burger King , Chick-fil-A, Schlotsky’s Deli and Joe’s Crabshack, though all are within a mile of the hotel
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July, 2013
Check it out at www.SehMobile.com
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Hey Eddie,
Always remember the contract was written by the company's lawyer for the company's benefit!
I hope this finds you well. I am hoping to join you in Atlanta (Rio) in July. It is clear the schedule is very full, and looks fun. I also get this is your business, your convention and funded by the vendors who legitimately should have the attention and the floor. But there is a subject that is of great concern to me and I know that by myself I can do nothing about it. In the last week, I have received memos from two partner companies that explained they had decided to decrease my pay...wait a minute did I say partner? Partners don't unilaterally decide by themselves how the other "partner" gets treated. Maybe I am fooling myself. In my mind they are following Progressive's lead. Need money? Let’s squeeze the agents. Are we powerless? Am I the only agent who is scared to death by this, dare I say, trend? What do you think? Does this bother you? Is there a venue for this discussion? Thanks again for all you do for the independent agency and agent. Thanks for reading my emails and your responses in the past. When you teach your time management course I want to be first in line. Sincerely, Rick Muggridge
What do you think of GIAA creating an "agent's master contract" as a guide and "grins" as to what the agent expects or wants the carrier to do for them.? Like always answer the phone within 30 seconds with a very pleasant sounding person, who ask if they may help you! You time is valuable also. No, daisy chains of messages like push "1" if you want to speak in English, "2" if Mandarin, "3" if Hindi, etc. Commissions must be paid on all fees! The state considers them premium, the customer considers them premium so why shouldn't the agent. If the carrier cancels the agent contract due to loss ratio, they must disclose to the Insurance Department the loss ratios and commissions paid of the agencies for a 50 mile radius to verify if redlining is occurring, or rate inadequacy or a special arrangement has been made for an exclusive territory. Registration for Industry Roundtable is complimentary but everyone must pre-register at http://ie13agent.eventbrite.com. Then from 5:00 p.m. – 9:00 p.m., everyone is invited to United Auto’s RIO Poolside Party complete with complimentary heavy hors d’oeuvres, open bar, and music.
Yes, Rick, there is a venue for this discussion. Georgia Insurance Agents Alliance (GIAA) will be sponsoring an “Industry Roundtable” on Friday afternoon, July 12 at Insurance Expo 2013. I have set aside 2 hours (1:00 p.m. – 3:00 p.m.) and invite all interested parties, Company Reps, Agents, CSRs, Adjusters, Agent Organizations, etc., to attend compliments of GIAA.
What if …?
Then tour the Trade Show from 3:00 p.m. – 5:00 p.m., visit all the Exhibitors and earn 3 hours Association CE Credit compliments of Aggressive Insurance. Here are some of the topics we’ll discuss. They are obvious but widely ignored:
What if your wallet or purse was stolen or lost, and someone used the credit cards and other information such as your checking account information, social security number, and driver’s license to steal your identity. Identity Theft is the fastest rising crime in the world. Protect yourself with affordable identity theft protection that will help prevent and resolve identity theft issues.
Who owns the business? Is this a contract between the agent (agency) and the company or a contract between a broker and an agent or MGA? This also speaks to the ownership of the business. If the relationship fails what are the rules for the run off and the commissions? Are they enforceable? Is the agent or the agency personally financially responsible for the handling of the company's premium due? Some of these contracts cut through corporate protection to make the owner financially responsible.
FYI EXPRESS
Benefits Include: Credit Report and Monitoring Personal Credit Score Analysis Complete Identity Restoration Service (the only plan sold that does so) Safeguard for Minors For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013.
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July, 2013
WHY SHOULD YOU JOIN GAINSCO? WHAT GEORGIA AGENTS ARE SAYING... “Most non-standard companies are not in the game for the long haul. But we as agency owners feel that GAINSCO will be here not only for the next year but for decades to come.” – Shawn Reynolds, Esquire Insurance, Winder, GA
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It's okay to explain why things happen, but simply blaming outside forces doesn't change anything.
Avoiding self-sabotage "The man who complains about the way the ball bounces is likely the one who dropped it." - Lou Holtz Last year the Harvard Business Review shared advice on how not to sabotage yourself and your projects. The suggestions are: 1. Watch for the warning signs. These include holding back, generating lists of excuses, or excessively focusing on potential obstacles.
3. Not being direct enough. I've talked about this a few times. We often sabotage ourselves by not telling people what we want or need from them. We do this because we're fearful of upsetting someone, but then we get upset when people don't do what we need or want. Which inevitably upsets the other person! Instead of saying, "You should avoid talking to another employee when you're ringing up a sale." Try, "Please don't talk to another employee when ringing up a sale unless it's an emergency. We need to give each customer our undivided attention." Done!
2. Articulate goals, not excuses. Use "what-if" and "if-only" to help generate ideas about how you might remove obstacles. 3. Manage your negative emotions. When faced with obstacles (and there are always obstacles), you're likely to feel disappointment or even anger. Be kind to yourself (and to those around you) as you work through the negative emotions. Focus on what is within your power to change. The article got me thinking about how owners and managers sometimes inadvertently sabotage themselves and their results. I'll add the following to what HBR suggested. 1. Don't undermine your own priorities. All of us talk about how customers, and the customer experience, is always the first priority, but we sometimes say things like: "Customers are a pain." I worked for a manager who would say this right after telling us to go out and wow them. Got it, boss!
4. Don't speak negatively of a vendor or products. Your staff needs to have confidence in the brands and products they sell, and they can't do that if you're negative about them. Negative comments lead to lower results. As your mother probably said, if you don't have anything nice to say, don't say anything at all. 5. Plan to succeed, not fail. Words matter. The team can try to hit their sales goal, or they can plan to hit their sales goal. You can do an event and hope people come, or you can plan an event that you know people will attend. While I'm sure you rarely sabotage yourself, any of us can unknowingly start to slip down that slippery slope every now and again. The key is to catch yourself when it happens. You might also ask someone else on your management team to tell if you they start to hear sabotage from you or other members of the team. Have a great week. I know you will. - Doug Fleener
"That guy was wasting my time." But isn't your customer your highest priority? "I got stuck with a customer." I thought we wanted to work with customers. Saying you were "challenged to break away" keeps you from slipping into sabotage. "I hope you're not too busy to get everything done."
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Isn't being busy with customers a good thing?
Call me @ 781-861-7803
I know that most of these statements can be said with good intentions, but they can also undermine.
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2. Focus on what you can control, not what you can't. The minute you talk about why you could fail, there's a good chance you're going to fail.
Email me at doug@dynamicexperiencesgroup.com
One retailer says, "The road construction is going to kill us this summer."
Follow me on Twitter @twitter.com/dougfleener
© Dynamic Experiences Group, LLC 2013 All materials in the Weekly Retail Experience are copyrighted and may only be reprinted or reproduced with our written permission. Of course you are welcome to use this in your store(s).
The other says, "With the road construction starting we're going to need to do more events and maybe more Facebook specials."
FYI EXPRESS
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July, 2013
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Cost of Flooding Tool Helps Your Customers Learn the Financial Impact of Floods One inch of water may not seem like a lot—until it’s in your client’s house. The average hurricane produces more than half an inch of rain a day. In fact, the precipitation during a hurricane can fill about 22 million Olympic-sized swimming pools before factoring in water generated from storm surge. The average flood claim paid by the National Flood Insurance Program (NFIP) between 2008 and 2012 was more than $34,000. And with more than 20 percent of claims originationing from outside mapped high-risk areas, it is imperative to communicate the financial impact of a flood to all of your clients, regardless of their designated flood zone. Simply telling homeowners that they are at risk for flooding often isn’t enough to motivate them to purchase the flood insurance they need to financially protect their most prized investment—their home. The Cost of Flooding Tool available on FloodSmart.gov is a free resource that shows residents the high cost of repairing a home and replacing its contents after a flood. When launching the tool, the user chooses from two home sizes and selects the depth of the flood—from 1 inch to 4 feet. The animation shows a room flooding and the estimated cost of total losses. Expected losses are detailed in an itemized list that includes appliances, furniture, and cleaning costs. For example, a 2-inch-deep flood in a 2,000 square foot home causes an estimated $21,000 in damage, while a 1-foot-deep flood in the same sized home causes an estimated $52,000 in damage. At the end of the simulation, users can enter their ZIP code, and the tool will display a list of nearby agents registered in the FloodSmart Agent Referral Program. From there, users have the option either to call or email an agent, which is just one reason—free leads—why agents should register on Agents.FloodSmart.gov and join the Referral Program. The Cost of Flooding Tool can easily be placed onto your website. Visit Agents.FloodSmart.gov to access the embed code. Flood insurance is available to both home and business owners in high and moderate- to low-risk areas. In some cases, a Preferred Risk Policy can provide a lowcost option for homeowners with annual premiums starting as low as $129 for both building and contents coverage. Because there is typically a 30-day waiting period for new policies to take effect, talk to your clients today. Remembering Hurricane Irene In August of 2011, Hurricane Irene left a devastating imprint on the United States East Coast. The storm caused 47 fatalities and more than $15 billion in damage in the U.S. alone, making it the seventh most costly storm in history. FYI EXPRESS
Many of the areas hit were unprepared for a storm of this magnitude—particularly in the Northeast. Areas of New York, which hadn’t experienced a hurricane since 1985, Vermont, and northern New Hampshire all reported flash flooding. At least 26 river level records were broken from North Carolina to Vermont, and storm surges of 3 to 6 feet caused property damage along New York and Connecticut coastlines. Rivers in 6 Northeastern states reached 100-year flood levels. In North Carolina alone, the storm system brought an estimated 8.9 inches of floodwater. The storm was declared a major disaster with more than $37 million approved to help individuals and households recover. Fortunately, some individuals had flood insurance as the National Flood Insurance Program (NFIP) paid more than 42,000 claims totaling $1.3 billion. Bertie Midgett of Hatteras Island, North Carolina, was one of the homeowners who had a flood insurance policy. She later said she would have been homeless had she not had flood insurance. Her house was destroyed by floodwaters that entered through air conditioning vents. While she tried to salvage as much as she could, her home was ultimately deemed a total loss. One of the reasons Hurricane Irene was so memorable and frightening was the number of inland areas that experienced significant damage. Many homeowners did not think they were at risk for such a devastating storm. Mary Martin and her family were forced to leave their Vermont home because of major flooding. By the time Hurricane Irene had dissipated, the Martin’s home was 85 percent destroyed. Fortunately, Mary had flood insurance, and the $450 annual premium was negligible when compared to the damage her house and belongings sustained. As an insurance agent, it’s your responsibility to ensure that your customers are prepared for a flood. While customers in your area are particularly prone to flooding during hurricane season, floods can happen anytime during the year. Just a few inches of water can cause tens of thousands of dollars in damage. At Agents.FloodSmart.gov, you can find tools and resources to help you have the flood talk with your clients, including speaking points and barrier busters to assist in getting the conversation started. You can use the Cost of Flooding Tool to illustrate just how much financial damage even a small amount of water can cost to fix a client’s home. You can even embed the tool on your website for easier access. If you haven’t already registered for the Agent Referral Program, then you’re missing out on free qualified leads. Clients who visit FloodSmart.gov can enter their address into the Agent Locator Tool and be connected to an agent in their area from FloodSmart’s Agent Referral Program database. Additional opportunities for leads come from FloodSmart direct mailings and the NFIP Referral Call Center, so join now.
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July, 2013
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Aiding and Abetting - Don't Become a Victim!
What if …? What would you do if after an audit by the DOI you were ordered to report for a conference? Would you go there alone or would you call your attorney to go with you? These days, you better have counsel on all matters. Do you have an attorney? Is he/she a specialist in every field, or would they hand you off to someone or some firm you're unfamiliar with. With today's market, you have to be aggressive in business. More so now than ever before. Sometimes, your competitors will report you to the DOI for anything because they feel threatened that you are taking unfair advantage in marketing and possibly rebating. Don't get your license suspended because you don't have the answers to legal questions. Legal Shield will protect you against any legal issues big or small, 24/7. Protect your business and your family for one small price each month. Legal Shield, Live more, Worry less.
Over the last few years the agent in charge of a general lines insurance agency would ask his unlicensed nephew to "watch the store" when everyone else at the agency went to lunch. While they were away, the nephew solicited and negotiated policies; even collected premiums as he sold insurance policies. The agent in charge, while not even present, Georgia Insurance Code. The statutes provide that anyone knowingly aiding, assisting, procuring, advising or abetting any person in the violation of a provision of the insurance code, any order or rule of the department, faces discretionary suspension or revocation of their insurance license. In another scenario, a licensed sales manager was approached by a company representative to sell their product. The new policy had magnificent benefits, limited exclusions, a dirt-cheap premium and the company was paying a soaring commission. The sales manager provided the promotional material furnished by this new company to his team and encouraged them to market it. However, no one researched to determine if the new company was an authorized insurer. As bad luck would have it, the company was not authorized. As above, the sales manager did not transact the first policy, yet he was in violation. Keep in mind, when a licensee helps someone commit a violation of the insurance code, they may be charged with aiding and abetting, even if they played only a minor role in the "team effort."
For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our Make plans to attend “GA DOI Update” at IE2013 booth at the Insurance Expo 2013. FYI EXPRESS Page 34 July, 2013
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THE AGENT AS A SERVICING PRODUCER At recent meeting a question arose when an agency owner suggested that dedicating producers to full time sales functions was unrealistic because each producer had service and administrative duties respective to their books of business that is required in order to maintain high service levels to the clients. He echoed the mantra of so many agency owners that service differentiates the independent agency from its direct writing counterpart.
Consider the fact that your most valuable clients will not even consider other agency proposals. They know you and trust you. They feel that you will properly protect them at a fair price and will not take advantage of them. And you do a wonderful job doing that exact thing. You see them often and bend over backwards to make sure they are properly insured. But all of your other clients are treated differently.
It is certainly true that the greatest strength of the agency system has been the strong relationship that is built between the agents and the clients. But when we confuse processing with true insurance consulting service, we degrade our relationships instead of enhance them.
They are neither visited regularly, nor are they given the benefit of your counsel after their insurance program is sold to them. This creates a fertile ground for your competitors to sew the seeds of doubt that result in the client accepting “their” counsel to allow them to analyze and quote the very same risks that you analyzed and offered them so well when you wrote the account.
An agent/client or a prospect relationship is built and maintained by the degree to which the client feels their agent is knowledgeable and can assist them achieve their needs. However, we mistake processing changes and endorsements for building and maintaining relationships. I’ve never met a client that boasts that his agent personally processed every endorsement and checked his policies for errors. Most clients are unaware of the communications going on between the agency and the carriers at all, so they neither know nor care who is involved in the interaction as long as it is accomplished speedily and correctly. To build a relationship with a prospect, you must show them why you are more valuable to them than their current insurance provider. And simply getting them a better price is NEVER the creator of a relationship. Don’t get me wrong. People love paying less and will love the next agent who offers then a lower rate, too! Showing value means proving that you know more, provide more and ARE THERE FOR THE CLIENT/PROSPECT more than their current provider. This isn’t hard to do for prospects since most other agents act just like us and forego the attention they give to prospects once they become clients. But if we mistake processing for relationship building, we will suffer the same client losses when the next agent visits our own clients claiming that they will give the client more attention than the current agent (YOU). The transposition of the roles of service staff and processing with those of the producing agents is probably the most demonstrative indication of the demise of the mainline insurance agents in the United States. When an agent remains in the agency all day, every day, responding to administrative service and processing needs for which service staff has been employed, little time remains to actually build relationships with prospects who will mature into clients or to strengthen the existing client relationships to avoid them leaving you for the simplicity of a slightly lower rate. FYI EXPRESS
But, as many of you have told me, you are simply too busy to retain that relationship once the policy is sold. At least 80% of our commercial accounts are ‘RAI’ (Renewed As Is) and many of those are contacted by phone just once a year, if at all, and those contacts are not to actually speak to the client, but to verify his renewal information. Do you remember how much attention you paid to those clients when you were courting them as prospects for their proposals? Your counsel was IN DEPTH and your goal was to help them, not just to quote them. If you find yourself spending less time in the sales process and less time with your existing clients as your book of business increases, it’s time to review what you expect from your service staff vs. what you expect from yourself and from your sales staff. Roles of Sales Staff: Producers / Relationship Builders are supposed to grow the agency’s book of business. If they are being paid for retention of clients (renewal business), their job extends to maintaining strong relationships with the existing clients so that few leave the agency unless forced to by death or retirement or the sale of the business. But the important thing to understand is that in the end result, the agency doesn’t grow if we don’t continue to sell insurance to a growing client base. This means that if a Producer/RB is successful enough that (s)he has more clients than can be reasonably handles while continuing to grow the business, we must shift the retention responsibility to someone else to let the “hunter” do what the hunter was hired to do, sharing the revenues from those assigned accounts and allowing the producer to generate even more growth. Continued on page 40
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July, 2013
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THE AGENT AS A SERVICING PRODUCER Continued from page 38 Several thousand years ago when our ancestors wandered from place to place to survive, the groups/tribes were comprised of hunter/gatherers, whose responsibility it was to find and kill the food and supporters who dressed and prepared the food for everyone to consume. In our business, the producers/Relationship Builders are the “hunters” and “gatherers”. Their job is to find it and kill it and make sure the crops they find are maintained so that they continue to yield results for the “tribe”. The Service Staff supports the RBs by making sure the customers are treated so well that they have no reason to seek other pastures. Can the hunters also be the servicers? Of course. But will it feed the tribe if the hunters spend most of their time cooking and cleaning up? Roles of Service Staff: If the service staff in your agency are processors who cannot (or will not) work independently to efficiently and effectively satisfy the customers’ needs, you have the wrong people in those positions. ‘Account Executives’ handle entire books of business, without producer intervention, including customer contacts and renewals, leaving the producer/RB free to give insurance counsel to the clients and to visit more prospects for growth. ‘Account Managers’ handle books of business with the exception of customer contacts the renewal process (still in the hands of the producer). CSRs are the front-line administrative processors, only handling transactions for the customers and producers. Service Assistants are CSRs ‘in training’ and are learning the insurance trade, the systems and how to communicate properly with customers. We are long past the time when an agency had a quoter, a renewal processor and an endorsement processor. These are clerical positions that require sufficient knowledge to know the system and to do the same repetitive jobs that were done on the assembly lines in Detroit. But, remember, Detroit lost its edge to foreign auto manufacturers when it was forced to pay $70,000/year to folks who were doing a $25,000 or $35,000 job for the sake of continuously raising the standards of living of the workers. If you are paying so much for your service staff that they should be taking care of the customers in place of the producers, why are they still performing $10/hr. work effort?
However, if you feel that the service staff are perfectly capable of managing the daily client needs, then an incentive-based role change is in order for your producers and any new producers should not be indoctrinated by servicing agents who will make the new producers as ineffective as the old ones. Goal Setting: Weekly goals should be set for each producer/RB for prospect visits and for client visits. The measure of their success should be whether they are reaching enough people that are not yet insured by the agency combined with whether those visits are advancing the relationship between them/the agency and the prospects. A sales call is not effective if it doesn’t eventually result in the adoption of that prospect as a client. So while we’re measuring sales calls and sales call frequency to the prospects to determine if they are doing the RIGHT THINGS, we are also measuring new business clients and commission income to understand whether they are GETTING THE RIGHT RESULTS FROM THEIR EFFORTS. On the service side, make your service staffs responsible for achieving more than 90% - 95% retention of clients. 90% has been the perennial average retention in insurance agencies. That means that 10% of clients are lost on average in any given year. About half of those losses are uncontrollable, (death, retirement, sale of business). The other 5% are lost to competition for any variety of reasons – these are the controllable losses that should be measured as the measure of success of our service staff. Call us for help in establishing goals structures and measurement devices in your agency (800 779 2430). THAT WHICH CANNOT BE MEASURED, CANNOT BE MANAGED. ---- Al Diamond AGENCY CONSULTING GROUP, INC. THE PIPELINE | THE AGENT AS A SERVICING PRODUCER | Copyright © 2013 Agency Consulting Group, Inc. Agency Consulting Group, Inc. | 800-779-2430 | Visit The Pipeline | Subscribe to The Pipeline
So if you are one of the many agents whose producers are not as effective as they should be because they are in the office more than they are out of the office with clients and prospects it may (or may not) be the fault of the producer. It may be a systems problem with what your support people do requiring the producer to intervene much more than the producer should in order to maintain a strong relationship with the client and retain the business. FYI EXPRESS
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July, 2013
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order, stating therein that "[b]ased upon the pleadings of the parties and testimony presented in court, the [c]ourt hereby denies Defendant Sims'[s] motion to allow discovery and grants the plaintiff's motion for judgment on the pleadings." The trial court concluded that the automobile liability insurance policy was not in force or effect at the time of the Sims' accident on December 5, 2008.
Don't Lie to Your Insurer Insurance Requires a Contingent or Unknown Event No one likes to pay insurance premiums. People who do not understand insurance consider a full year without a loss is a waste of premium. They do not recognize that insurance is a spreading of risk that requires many people without losses paying into the fund so that those few who have a loss can be indemnified. Those who fail to agree to the spreading of risk will engage in the ageold attempt to find coverage by prevarication.
When a motion is converted to a motion for summary judgment, "the trial court has the burden of informing the party opposing the motion that the court will consider matters outside the pleadings and that, if the opposing party so desires, the party has no less than 30 days to submit evidence in response to the motion for summary judgment."
After Pamela Battle struck pedestrian Dexter Sims with her vehicle on December 5, 2008, Sims (through his next friend, Vicki Sims) brought a personal injury suit against Battle. In a separate action, First Acceptance Insurance Company of Georgia, Inc. sought a declaratory judgment that an automobile liability insurance policy it had issued to Battle was not in effect at the time of the accident. In Sims v. First Acceptance Insurance Company of Georgia, Inc., A13A0364 (Ga.App. 06/20/2013) the Georgia Court of Appeal was called upon to resolve the dispute since the trial court in the declaratory judgment action granted judgment on the pleadings to First Acceptance.
By not objecting the appellate court found Sims agreed to the trial court's consideration of evidence in support of the motion for judgment on the pleadings, and, in effect, requested that the motion be converted into one for summary judgment by submitting his own evidence and by urging the trial court to consider the evidence he presented. MERITS OF SUMMARY JUDGMENT
Sims challenged the timeliness of the declaratory judgment action and argues that the trial court erred in granting the judgment on the pleadings. FACTUAL BACKGROUND First Acceptance filed its complaint for declaratory judgment on November 16, 2011, in which it pertinently alleged the following facts. It issued an automobile liability insurance policy to Battle on July 31, 2008. On November 17, 2008, it sent Battle a notice of cancellation of the policy for non-payment of premium, informing her that the cancellation would be effective November 30, 2008. The accident involving Sims occurred on December 5, 2008. The next day, Battle met with an insurance agent about reinstating her policy and, as a condition precedent of reinstatement, signed with full knowledge that there had been an accident on December 5, 2008 signed a "Statement of No Loss" on December 6, 2008 in which she represented that she had not been in an accident during the period in which the policy had been cancelled. On the basis of this representation, and not knowing about the December 5 accident, First Acceptance accepted Battle's payment of the overdue premium and reinstated the policy. First Acceptance subsequently undertook to defend Battle in the underlying tort action pursuant to a reservation of rights. TRIAL COURT DECISION The trial court held a hearing on First Acceptance's motion for judgment on the pleadings. The trial court heard testimony at the hearing, which was not taken down. On March 26, 2012, the trial court entered an FYI EXPRESS
The trial court's order specifically stated that it was granting judgment to First Acceptance based upon the pleadings of the parties and testimony presented in court. Without a transcript, the court of appeal was unable to determine whether evidentiary submissions, stipulations, or statements in place by counsel were tendered at the hearing. The court of appeal was compelled to presume that the trial court's findings are supported by competent evidence and that the court applied the appropriate standard in granting summary judgment. Also, by state statute, an insurance company is entitled to terminate an automobile insurance policy because of the nonpayment of premiums after delivering or mailing written notice of the cancellation to the insured in accordance with the statutory requirements. The evidence revealed no dispute that First Acceptance provided Battle with written notice of the cancellation. In fact, after cancellation of the policy, and despite having been involved in an accident with Sims the preceding day, Battle signed the Statement of No Loss. That statement provided that the insured person understood "that if a claim, loss, or accident has occurred for which coverage might be claimed under my policy during ‘the no loss,' the reinstatement granted by [First Acceptance] is null and void and no coverage shall exist under this policy." (Emphasis added) Given the lack of any evidence in the record giving rise to a genuine issue of material fact on whether Battle falsely represented that she had not been in an accident during the time her insurance had lapsed, the court of appeal found no error in the trial court's grant of summary judgment in favor of First Acceptance.
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She should be prosecuted criminally and the insurer should sue to recover the funds it expended in defending the tort action and in bringing the declaratory relief action. Zalma's Insurance Fraud Letter The Essential Resource For The Insurance Fraud Professional A ClaimSchool ™ Publication, Written by Barry Zalma, Esq., CFE © 2013 ClaimSchool, Inc. & Barry Zalma Volume 17, No. 13
July 1, 2013
ZIFL is published 24 times a year by ClaimSchool. It is provided free to clients and friends of the Law Offices of Barry Zalma, Inc., clients of Zalma Insurance Consultants and anyone who subscribes at http://zalma.com/phplist/ . The Adobe and text version is available FREE on line at http://www.zalma.com/ZIFL-CURRENT.htm
What if …? ZALMA OPINION Ms. Battle attempted to defraud her insurer. She allowed her policy to lapse for non-payment of premium and, while uninsured, had an accident. She then had the unmitigated gall to go to her insurer and ask that the policy be reinstated to a date before the accident so that the policy would ostensibly be in effect at the time of the accident. Because she did not have a time machine her lie was discovered and her insurer, while defending her under a reservation of rights, sought the assistance of the court to declare the policy void because of her fraud. In my opinion the court did not go far enough by simply affirming the judgment of the trial court. Rather, it should have directed the local prosecutor to prosecute Ms. Battle for attempted insurance fraud, a crime in Georgia. Ms. Battle, like those who believe health insurance should cover pre-existing conditions fell into criminal activity by listening to politicians who cannot even define the term "insurance" and tried to get insurance for her pre-existing condition, an accident when no insurance was in effect, by lying to her insurer. FYI EXPRESS
What if your wallet or purse was stolen or lost, and someone used the credit cards and other information such as your checking account information, social security number, and driver’s license to steal your identity. Identity Theft is the fastest rising crime in the world. Protect yourself with affordable identity theft protection that will help prevent and resolve identity theft issues.
Benefits Include: Credit Report and Monitoring Personal Credit Score Analysis Complete Identity Restoration Service (the only plan sold that does so) Safeguard for Minors For more information to become an Associate to sell Legal Shield, contact rickrpegram.legalshieldassociate.com, or stop by our booth at the Insurance Expo 2013. Page 43
July, 2013
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Though he placed some policies, many ended up in his back pocket. Messer was charged with 13 counts of mail fraud in September, and received seven months in federal prison Monday.
Reports of Convictions From the Coalition Against Insurance Fraud – http://www.InsuranceFraud.org .
* Former U.S. Rep. Rick Renzi's corruption now is official. The Republican from Arizona was convicted of 17 federal corruption charges Tuesday. Among them was his looting more than $400,000 in premiums from a family insurance agency to finance his 2002 congressional campaign. He lied about the theft to Virginia and Florida regulators. Renzi once held a seat on the prestigious Intelligence Committee, and will have time to ponder the intelligence of his own actions. He faces federal prison terms of up to 20 years on each of the counts.
* Four former WellCare execs created a shell company to disguise inflated costs of behavior healthcare services in a $30-million Medicaid scheme. They formed Harmony Behavioral as a front. They took money from Florida Medicaid with the understanding that if the insurer didn't use 80 percent of the funds for behavioral health, WellCare would return the difference to the state. But the execs inflated reports of what they spent to reduce the money they had to return. Former CEO Todd Farha and former CFO Paul Behrens were federally convicted Monday. Two other former WellCare execs joined them as convicts. Sentencing will be scheduled later. A WellCare financial analyst helped topple the scheme as a whistleblower. He secretly taped hours of internal meetings, and received nearly $21 million in a federal civil settlement with WellCare. The insurer says it has made sweeping internal changes to prevent such schemes from reoccurring.
* A pretend doc who never even graduated from college kept treating patients at various hospitals while scamming Medicare and several private insurers out of nearly $230,000. Fitzgerald Anthony Hudson bolted from a Canadian university without a degree, then attended medical school at Ross University before getting kicked out for lousy grades. Undeterred, Ross received a medical license from New York State. He convinced the state that he'd graduated from a Canadian med school. Hudson then bounced around several hospitals and medical facilities. His undoing came while working in the ER at Jones Hospital in Wellsville. Hudson inhaled the $230,000 from the insurers. His application to Jones also was laced with lies about his qualifications and past employment. All of that added up to a health-fraud conviction. Hudson could spend 10 years in jail when sentenced in September. A child he treated soon died soon afterward, prompting a wrongful death lawsuit.
* The crashes were real even if the bills and treatments weren't. James Eric Reed was whacked with a two-year prison term after trying to steal $6,409 from Nationwide with false bills involving vehicle crashes. The D'Iberville, Miss. man was involved in a rear-ender and faxed medical bills to Nationwide from a clinic. But he altered them by adding phantom procedures. Reed later was involved in another crash. He faxed other patients' bills to Nationwide. Reed received three years Monday, with one suspended. He also must repay Nationwide.
* Hundreds of seniors thought Michael Woodward sold them coverage for in-home services. Instead he sold them useless pieces of paper that were passports to a princely lifestyle for himself and his wife Melissa. Prosecutors have identified up to 250 victims in San Diego County. The pair stole $3.6 million in premiums involving so-called insurance plans that promised to pay for unlimited in-home, non-medical services. The seniors paid upfront for services such as cleaning, cooking and shopping, then submitted requests for reimbursement. The Woodwards paid smaller claims but rejected or ignored larger ones. The plans cost up to $4,000 a year. He often returned to victims' homes, telling them to pay more money for added services. While seniors were left to fret about unpaid grocery bills, the Woodwards feasted on their money with a home on a golf course, art, jewelry and luxury cars. All victims were over age 80, and many over 90. Michael and Melissa each received 11 years in prison Wednesday and must repay the stolen money.
* Insurance agent Graham Hutson Messer told clients to write premium checks directly to him by name. The Charlottesville, Va. man deposited the checks but kept much of the money without buying the coverage. He lied to clients that he'd remitted their payments to one of the insurance companies he represented: Farmers Insurance ... Chartis ... Nautilus Insurance Group ... Granite State Insurance Company or Main Street America Group. FYI EXPRESS Page 44
Continued on page 48 July, 2013
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Contact Rick Pegram at http://RickRPegram.LegalShield.com
FYI EXPRESS
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July, 2013
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Contact Rick Pegram at http://RickRPegram.LegalShield.com FYI EXPRESS
Page 47
July, 2013
More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com
Schemes like this likely will be tougher to commit today thanks to an aggressive campaign by Medicare to better screen sketchy providers from the federal program. Medicare announced this week that nearly 15,000 providers and suppliers have been banned in recent years.
Reports of Convictions From the Coalition Against Insurance Fraud – http://www.InsuranceFraud.org . * Hundreds of docs demanded that a corrupt New Jersey testing lab pay cash bribes for their business as part of a $100-million Medicare con. Scott Nicoll's firm paid millions of dollars to bill tens of millions in added and often useless blood tests. Only one doc has been charged, but the investigation is ongoing. Nicoll pleaded guilty Monday and will be sentenced in September.
* Rolando Sepulveda's next transport is to a jail cell. The Youngstown, Ohio man ran an ambulette service that bilked Medicaid out of nearly $350,000. Med Transportation of Youngstown transported able-bodied Medicaid recipients to medical appointments by pawning them off as needing wheelchair help. Sepulveda also billed for an extra attendant who was never present or needed. He received two years in federal prison and must repay the stolen money.
* Pretending his girlfriend was his wife has cost a Pennsylvania public official his post and his freedom — not to mention his dignity. Former supervisor Robert Spano of Middle Smithfield Township was sentenced this week for putting his girlfriend on the town's health plan. He gave her his last name on medical and dental forms, allowing her to rack up more than $24,000 in claims expenses from Blue Cross of Northeastern Pennsylvania and United Concordia. At the time, Spano was married to another woman. He was sentenced to four months of house arrest and 50 hours of community, plus he has to reimburse insurers for medical expenses.
* Talk about a heartbreaking situation. Patients of London, Ky. doctor Sandesh Patil often got tough news: the severity of their heart condition necessitated a stent surgery. Their arteries were so clogged that the dangerous procedure was the only way to go. Patients didn't need the surgeries, prosecutors say, and lawsuits point to two patients who died from the greedy scheme. Other victims must take dangerous blood-thinning medications for life and are at risk of other potentially fatal complications. Patil was at the center of 400 lawsuits that were filed against him and St. Joseph London hospital for reaping Medicaid profits from the unnecessary and often-harmful procedures. Patil pleaded guilty to criminal charges and accepted a sentence of 30 to 37 months in prison.
* A Kansas trio conspired to bill Medicaid for healthcare services that were never provided. Nurse Caela M. White-Kinchion pleaded guilty to 11 counts of fraudulently billing for more than $700,000 in phantom treatments. She was employed as a nurse at ProActive Health Care, which was owned by Gerard Lessard and his wife, Betty. The three took part in making ProActive one of the largest home-health agencies in Kansas, receiving more money from Kansas Medicaid in 2004, 2005 and 2006 than any other provider in the state, prosecutors say. The Lessards were sentenced last year, and White-Kinchion was convicted on multiple charges last Friday.
* When Sue McKinney claimed her life would end, she might've meant normal life. The Columbus, Ga. woman faked cancer to collect money from her insurance company. In all, she collected more than $87,300 for medical expenses and missing work. But her scheme began to unravel, and prosecutors discovered McKinney was not facing a life-threatening illness after all. She was convicted of fraud, and received 10 months in prison, three years’ probation, plus restitution for the stolen money.
* Houston medical supplier Abdul Waheed Alex Shittu will have the next seven years to contemplate whether scamming Medicare out of $1.2 million was worth it. Shittu, a naturalized citizen from Nigeria, was sentenced for paying recruiters to fake physician orders for braces and wheelchairs for his S&S Medical Supply company. The scam began in 2008. FYI EXPRESS Page 48
July, 2013
INSURANCE EXPO 2013 “Rebooting Insurance Offices!” July 11 – 13, 2013 Sonesta Gwinnett Place in Duluth, GA New Location … New Experiences You spoke and I listened. You wanted a place that could host the South’s Best Insurance Industry Trade Fair, the Best Continuing Education Classes, the Best Insurance Agent Party and the Best Hotel Rates … all under one roof … and at affordable prices. You got it! Sonesta Gwinnett Place (formerly Marriott Gwinnett Place) will be the place to be on July 11-13. Single, Double, Triple, Quad Rooms are only $94.00 if reserved by June 27, 2013.
Why Should You Attend? It's 3 days of non-stop action and education designed especially for the Independent Insurance Industry. Get up to 15 hours Continuing Education! Each day features at least 3 hours Ethics CE! If you tour the Trade Show, read FYI Express newsletters and FYI Express e-mails, you have automatically earned 3 hours Association CE! But wait … there’s more! Free Trade Fair, Free Hospitality Suites, Free Poolside Party … we’ve got it all.
Agent / CSR Online registration at http://ie13-agent.eventbrite.com Exhibitor / Sponsor Online Registration at http://ie13-rep.eventbrite.com IE2013 Attendee Invitation
More info at www.fyigeorgiaviews.com
Insurance Expo 2013 Continuing Education Agenda th
Thursday, July 11th
Friday, July 12
9:00 a.m. – 12:00 p.m.
9:00 a.m. – 12:00 p.m.
“Localize, Mobilize, Socialize”
“Insurance for Insurance Agents”
3 hours Ethics CE
3 hours P&C CE
How to give the “Ultimate Quote” How to keep “Top of Mind” How to maintain Consistent Client Communication Eddie K. Emmett shares all of the free tips ‘n tools in what has been described as “the best CE seminar I’ve ever attended!” CE Sponsored by AccuAuto.
Test your knowledge of the types of insurance needed and the uninsurable legal traps faced by your agency in this fast-paced CE seminar based on the popular “Jeopardy” game show. Sponsored by Rick Pegram, Director for LegalShield. Want a “sneak peek” at the topics? Check out this four minute YouTube video I made from the PowerPoint Presentation. http://youtu.be/pctgD4XTZng
1:00 p.m. – 3:00 p.m.
FREE CE Commissioner Hudgens’ staff will bring you up to date on the plans for GA’s Insurance Industry This CE is free to everyone but you must register online at http://ie13agent.eventbrite.com since seating is limited to the first 240 registrations. 3:00 p.m. – 5:00 p.m. Free Trade Show 250 Company reps … all there to thank you for your business or show you why you should have a mutually profitable relationship. Attend DOI Update and Trade Fair and earn 3 hours Association CE Credit (max 3 hours per year) 5:00 p.m. – 6:00 p.m. Welcome Reception in Sonesta Pub Come enjoy your share of a $500 bar tab awarded to the Exhibitor you voted “Best in Show”. Then let’s find the Hospitality Suites in the Sonesta Gwinnett Place!
IE2013 Attendee Invitation
1:00 p.m. – 3:00 p.m. Industry Roundtable Discussion I’ve invited the “Head Honchos” to share with you their thoughts on where this industry is headed and how you can maximize the opportunities. 3:00 p.m. – 5:00 p.m. Free Trade Show 250 Company reps … all there to thank you for your business or show you why you should have a mutually profitable relationship. Attend Roundtable plus Trade Fair and earn 3 hours Association CE Credit (max 3 hours per year) 5:00 p.m. – 9:00 p.m. Salsa Pool Party Bring your swim suits and enjoy drinks, hors d’ouveres, and beach / salsa music as we take you to an exotic paradise. th
Saturday, July 13
9:00 a.m. – 12:00 p.m. “An Unfair Advantage” 3 hours CE You don’t have to be the best … you just have to be a little better than everyone else. This Crash Course in Online Reputation Management & Social Media will make you #1 in Google, Yahoo & Bing. More info at www.fyigeorgiaviews.com
Insurance Expo 2013 on July 11 – 13, 2013 at Sonesta Gwinnett Place in Duluth, GA
EXHIBITOR & SPONSORSHIP OPPORTUNITIES Online registration at http://ie13-rep.eventbrite.com $750.00 Deluxe Single Booth: 8' x 10' booth plus special 50% off discount code for attendee registrations to distribute to your agents & CSRs $995.00 Deluxe Double Booth: 16' x 10' booth plus special 50% off discount code for attendee registrations to distribute to your agents & CSRs $495.00 10' Booth
Exhibitor - Single Booth: Single 8' x
$795.00 Exhibitor - Double Booth: Double Booth - 16' x 10' Additional Exhibitor / Sponsor Reps may attend for free $300.00 Non-Exhibiting Rep - One Day: NonExhibiting Rep's includes $250 refreshment sponsorship in addition to Registration. $350.00 Non-Exhibiting Rep - Both Days: NonExhibiting Rep's includes $250 refreshment sponsorship in addition to Registration. $250.00 50% Registration Code for Attendees: I'll create a special 50% Discount Code for your company to distribute to your agents & CSRs. The special code will automatically cut in half all attendee registration fees. $1000.00 Continental Breakfast Sponsorship: Sponsor can speak with attendees for up to 1 hour before CE seminars begin at 9:00 a.m. $250.00 Sponsorship
Morning CE Refreshment Co-
$250.00 Sponsorship
Afternoon CE Refreshment Co-
$1,000.00 Thursday's Trade Fair Refreshments: "Super-Size" your booth by hosting the water & soft drink refreshments during Thursday's Trade Fair $1,000 Friday's Trade Fair Refreshments: "SuperSize" your booth by hosting the water & soft drink refreshments during Friday's Trade Fair $1,000.00 Name Badge Sponsorship: Company logo on all Attendee Name Badges $1,000.00 Registration Desk Sponsorship: Be the first to greet Attendees to Insurance Expo 2013. $750.00 Pocket Agenda: Pocket Agenda includes your ad and invitation to visit your booth. $500.00 One Day Users' Conference: Update the users of your services. Sponsorship covers the cost of room. Sponsor provides refreshments and Audio / Visual through Sonesta Gwinnett Place.
Exhibitor Package includes Booth, hyperlink in Virtual Trade Fair and up to 12 hours CE for as many company employees as you wish at no additional cost. Persona Non Grata Please remember that NO COMPANY PERSONNEL will be allowed to attend any activities unless sponsoring or exhibiting. Marketing Reps of unsupportive companies will invariably talk with attendees about their company (It’s their job!). It’s our position that it’s not fair to the companies who are paying for that privilege through their support. If you do not care to Exhibit but do wish to share in this event, please consider sponsoring an event. You can sponsor for as little as $250.00 toward refreshments. Exhibitors may attend CE seminars for FREE where space is available. And if you're still not convinced... Best of all... The Money Back Guarantee! Just to show you how successful I predict this year's EXPO will be ... if you feel like you did not get your money's worth at the end of the convention, simply come up to me and say so! I'm willing to put my money where my mouth is! I'm offering a MONEY-BACK GUARANTEE to all th Exhibitors who register by June 27 . Just come up to me after the Exhibit Hall closes on Friday afternoon, and if you feel you didn't get your money's worth, I'll refund your Exhibitor's Fee on the spot ... no questions asked!
Online registration rep.eventbrite.com
at
http://ie13-
If you prefer to pay by check, please make check payable to FYI Express, circle your choices on this form & mail it with your business card to: Eddie K. Emmett 200 Russell Court Canton, GA 30115 Questions? Contact me @ (770) 312-2342; FAX (770) 783-8226; or eddie@fyiexpress.com