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Texas Connection Are you breaking the law when you buy or sell an insurance agency? Where’s Your Privacy Policy? The editorial content in Texas Connection is valuable information but as always you should do your own due diligence and evaluation. The content is meant to be for informational purposes only and does NOT warrant an endorsement by the Texas Professional Insurance Agents in any form or fashion
In This Edition ARE YOU BREAKING THE LAW WHEN YOU BUY OR SELL AN INSURANCE AGENCY? ....................................... 1
WHERE’S YOUR PRIVACY POLICY? . 1 CYBER LIABILITY, YOUR AGENCY & YOUR CLIENTS ............................... 6 A COMMODITY VS. A RELATIONSHIP 8 ACQUIRING AND KEEPING GOOD PRODUCERS ................................ 10 AFFORDABLE CARE ACT 2015 ..... 12 CAN YOU ‘CHEAT’ YOUR WAY TO MORE CUSTOMERS? ..................... 14 HOW WOULD YOU ASSESS YOUR AGENCY’S OVERALL E&O CULTURE? ................................................... 18
Texas Connection
Last weekend, as I was updating the content of my “How to Evaluate, Buy & Sell a ‘Mom & Pop’ Insurance Agency” Ethics CE, I stumbled over a potential roadblock in the “Buy / Sell” scenario. Did you know that our insurance companies have Privacy Policies? Ever read one? Have you created such a notice for your agency? The Gramm-Leach-Bliley Act (GLBA) imposes privacy obligations on every insurance agency: Privacy Notice Disclosure Requirement. Every insurance agency must provide all customers with an initial and annual notice that describes the manner in which their nonpublic information is collected, maintained and disseminated. Opt Out Notification Requirement. Before sharing nonpublic personal information about a consumer with a nonaffiliated third party for a nonexempted purpose, the consumer must be notified of the right to prohibit the sharing of such information for such a purpose (an “opt out”). Page 1
Are you breaking the law when you buy or sell an insurance agency? Since the prospective buyer was not a party to the original application for insurance, does the owner have the right to sell the personal information without getting permission from each policyholder? Would that be considered a Data Breach under the current regulations? Insurance agencies are at risk of having a data breach on multiple fronts — negligence, a rogue employee, stolen equipment, or a network security failure. If the proper insurance protection is not secured before a data breach occurs, the future of the business could be in jeopardy due to extensive recovery and reimbursement costs as well as damage to its reputation.
Core Cyber™ provides organizations the expert assistance and financial relief needed to confront a data breach head on. Continued on page 2 July 2014