AIANC's STREET WISE - September 2013

More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.AllianceInsuranceAgentsNC.com

STREET WISE Alliance of Insurance Agents of NC

Obamacare Answers Here!

Contents OBAMACARE ANSWERS HERE! ....... 1 HAS YOUR AGENCY STARTED TO GET INQUIRIES ABOUT OBAMACARE? ..... 1 TOP 10 FACTS ABOUT THE HISPANIC M ARKET AND LIFE INSURANCE ........ 4 EXEMPT EMPLOYEES AND PAY FOR PARTIAL-DAYS OFF Q&A............... 6 HOW TO OPT OUT OF RECEIVING THE YELLOW PAGES ........................... 11 FOUR SALES TRUTHS TO SET YOU FREE ........................................... 12 WAYNE HOOPER REPORTS: “IF I HAD ONLY KNOWN …” ......................... 20 INSURANCE NEWS AND THOUGHTS 24 CUSTOMER SERVICE GOAL: WE DON'T WANT YOU TO COME BACK 26

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Has your agency started to get inquiries about Obamacare?

Alliance of Insurance Agents of NC has figured out a way for your P&C only agency to benefit from the growing confusion.

Eddie K. Emmett of Alliance of Insurance Agents of NC created a 19 page PDF with embedded hyperlinks.

How P&C only Agencies can become “Obamacare Guides” and satisfy the P&C Insurance needs of the folks lining up out the door!

You may download it at www.AllianceInsuranceAgentsNC. com

The PDF will show you: How Health Insurance Agents & Brokers can easily comply with the Federal training and certification The necessary steps needed for Persons wishing to become Navigators or Certified Application Counselors AIANC’s STREET WISE

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AIANC Membership has more Advantages!

AIANC Members in good standing will soon receive an invitation for a personal webinar during which Eddie K. Emmett will explain each of the Obamacare slides.

September, 2013

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5. Emphasis on family — More than half of Hispanic households consist of at least four members, compared with about a third of all U.S. households.

Nearly one third of households are married couples with children under the age of 18. Concern for family is paramount in Hispanic culture.

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7. Higher degree of financial concerns — Almost half of Hispanics are very/extremely concerned about dying unexpectedly without adequate financial protection compared to about one third of the general population. Like the general population, Hispanics buy life insurance to provide an income stream if the insured dies and to cover burial expenses. Hispanics differ on their concern about dying unexpectedly without financial protection.

8. Recognized companies succeed — Eight in 10 Hispanics consider it very/extremely important to buy from an insurance company they recognize.

Characteristics like stability and longevity have strong appeal to Hispanics. Visibility in the community is also important.

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6. Bilingual information is important — This has the greatest potential of reaching most Hispanics.

Companies reaching out to this market should offer their materials in both Spanish and English. Internally they should have bilingual employees with knowledge about the cultures of countries-of-origin of Hispanics.

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Top 10 Facts about the Hispanic Market and Life Insurance

9. Recommendations are key — About six in 10 Hispanics consider companies that are recommended by relatives and friends, compared to only four in 10 in the general population

LIMRA research has released two studies on effective ways for companies and financial professionals to connect to the Hispanic market for life insurance.

Distilled below are 10 important facts that are important to know when trying to reach Hispanics:

10. Professional advice wanted — Nearly 40 percent of all Hispanics strongly/very strongly agree with the statement “I prefer to have a financial professional advise me,” compared to 15 percent of the general population.

1. Population is growing — With a population of 52 million in the United States, Hispanics outnumber the population of Canada. By 2030 they could number 79 million, nearly one fourth of the U.S. population, according to census data.

2. Population is younger —The median age is 27 years old, 10 years younger than the general population’s median age of 37 years. Seventy five percent of Hispanics are under 45 years old.

3. Population is complex — Hispanics come from many countries, all with different cultures and financial attitudes. Acculturation to life in the United States varies among the population. One third of Hispanics are third generation or higher in the United States and speak English fluently.

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4. Most are middle-income — More than half (57 percent) of Hispanic households fall in the middleincome category.

AIANC’s STREET WISE

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800-233-2036 or Mail@MPPOnline.com Exempt Employees and Pay for Partial-Days Off Q&A

Exempt employees are exempt from the FLSA’s minimum wage and overtime requirements because of the nature of their job duties and the fact that they are paid on a salary basis. The most common exempt classifications include executive, administrative, and professional employees, outside sales employees, highly-skilled computer-related employees, and highly compensated employees. The term “salary basis” is defined by the FLSA regulations as the payment on a weekly or less frequent basis of a predetermined amount that constitutes all or part of compensation, without reductions for variations in the quality or quantity of the work performed. Under this definition, exempt employees generally must receive their full salary for any week in which they perform work, without regard to the number of days or hours worked.

By Robin Thomas, Managing Editor If an exempt employee runs out of paid time off, can the employee take an unpaid half-day off? Not in most circumstances. Find out how the FLSA exemption regulations limit unpaid time off of less than a day for these employees.

Q: We have several exempt employees who have requested to take off half days for personal reasons. Can we allow them to take these partial days off as unpaid time if they do not have any paid vacation available to use?

A: No. You can allow exempt employees to take less than a full day off, but if the employee does not have any paid time off available, you should not dock his pay.

Private employers that make deductions from exempt employees' pay for absences of less than a day may jeopardize their exempt status under the Fair Labor Standards Act (FLSA). In other words, they risk becoming liable for any overtime worked by these employees.

The FLSA regulations do allow docking of exempt employees for full day absences taken for vacation when the employee has exhausted vacation leave.

Specifically, deductions are allowed for absences from work of one or more full days for personal reasons--other than sickness or disability. So, for example, if the employee is absent for two full days to handle personal affairs, those two days may be deducted from the employee's salary without affecting the exemption.

(Download free Vacations model policy including exempt partial days, HR best practices, and legal background.)

AIANC’s STREET WISE

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September, 2013

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Exempt Employees

If the exempt employee has paid vacation available, you may be able to safeguard the exempt status and avoid docking pay by requiring exempt employees to use paid vacation for partial day absences. Since this does not reduce the employee's compensation, the Department of Labor (DOL) generally has considered this type of arrangement permissible. In the comments to the current regulations, the DOL specifically restates this position acknowledging that employers may make deductions from exempt employee leave accounts without jeopardizing the employee's exempt status.

Continued from page 6 (You also may make deductions for a full day's absence due to illness or injury if you have a bona fide plan, policy, or practice that provides compensation for loss of salary as a result of sickness or disability.)

However, the FLSA regulations specifically prohibit employers from docking the pay of exempt employees for absences of less than a day, except as allowed under the Family and Medical Leave Act (FMLA). The FMLA allows employers to make deductions from an exempt employee's salary for FMLA leave without affecting the employee's exempt status, even for partial day absences.

Several courts have adopted the DOL's position, although a few have disagreed. Those that disagree have determined that this practice, even without an actual loss of pay, treats the exempt employee like an hourly, nonexempt employee and, therefore, triggers loss of the exempt status.

Continued on page 10

AIANC’s STREET WISE

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September, 2013

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Exempt Employees

this requirement, particularly if they regularly work more than 40 hours per week.

Continued from page 8 In addition, a few state laws may impose different requirements for docking leave banks. For example, Washington state employers may make deductions from leave banks in partial day increments (but for at least one hour) only on the express or implied request of the exempt employee for time off from work.

Clearly, then, you should not dock exempt employees for partial day absences if they do not have any paid leave available. And, as a practical matter, even if you operate in a jurisdiction that permits the practice of requiring exempt employees to use paid vacation for partial day absences, you may find that exempt employees resent AIANC’s STREET WISE

As an alternative, you may consider allowing exempt employees who regularly work more than 40 hours a week to take partial day absences, without docking their salary or vacation, in recognition of their long hours and as long as their schedules are not adversely affected (i.e., they do not miss their deadlines or important meetings). Most exempt employees will appreciate your flexibility, and you can deal with any exempt employees who abuse your policy on an individual basis.

Please note that the information in every issue of HR Matters E-Tips is the original, copyrighted work of Personnel Policy Service, Inc., and is protected under U.S. copyright laws.

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September, 2013

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How to Opt Out of Receiving the Yellow Pages When I went home for lunch (my office is not in my home) I noticed the following flyer hanging on my screen door. As you can see, it was notifying me that I had opted out of receiving a paper copy of the Yellow Pages.

I opted out a couple of years ago and wrote a TechTips then about how to do it. I thought it would be a good idea to post this tip again.

To opt out of receiving the phonebook at your door, go to YellowPagesOptOut.com and register. The registration process requires you to enter your address and phone number, but a note on the page promises that this information won’t be used for any purpose other than to opt out. To my knowledge, my registration did not increase my junk mail.

Once registered, you’ll receive an email with your autogenerated password, which you can then use to log into the site. From there, you can select which phonebooks you would like to receive (wishful thinking on their part?) or click the gray “Opt Out of All” button in the lower left and then click “Save Changes.” After opting out, you’ll get a confirmation email listing the phonebooks you’ll be receiving moving forward, if any.

Why Opt Out? A recent study showed that nearly 70% of adults in the United States “rarely or never” use the traditional paper phonebook, and instead opt to use Web-based search tools, which are infinitely more convenient and efficient. Fortunately, there is now a way for businesses and individuals to opt out of receiving paper-based phonebooks using a website called the National Yellow Pages Consumer Choice & Opt Out Site.

The new opt-out site was created by Yellow Pages Association, the trade organization that represents the publishers of phonebooks in the United States, signaling an acknowledgement that printing and distributing paper phonebooks to every household is no longer a sustainable practice.

AIANC’s STREET WISE

If you don’t use phonebooks, opt out today — and help save a few trees. What do you think about this TechTips? Let me know your thoughts.

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

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September, 2013

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Four Sales Truths to Set You Free

by John Chapin If you’re going to be successful in sales over the long haul, there are four concepts you need to fully accept and buy into. Missing any one of these will either prevent you from getting off the ground at all, or, if you do get off the ground, missing one of these will sabotage your long-term success and happiness.

Four Ideas to Take Control of your Sales Career 1) It’s not about chasing the sale.

Almost everything you chase runs away, and you probably don’t want any part of the things that don’t run away. It’s recently been proven that even Great White Sharks will swim in the other direction if you swim at them and most prospects are far more timid than your average shark.

Instead of chasing the sale, work on the connection and the relationship. Your objective here is to make it all about the other person. And by the way, there is no new relationship selling, it’s always been about relationships. The best salespeople, the ones who have had successful careers over the long haul, have not burnt out, and have led happy, fulfilling lives both personally and professionally, have always focused on doing what’s right for the other person. That said, are there some sale-chasers out there who have AIANC’s STREET WISE

experienced some success? Yes, but it usually comes at the expense of other areas such as: their character, their reputation and their personal life. I’m also guessing they aren’t people you like or admire on a personal level. So in order to have a long, happy, successful sales career, take care of people and relationships and instead of having to chase sales, the sales will chase you.

2) You have to be completely accountable.

You need to have several levels of accountability in place to ensure you do what you need to do in order to be successful. The most important is accountability to yourself. That said, even the strongest and most selfdisciplined among us will allow ourselves to falter from time to time, so it’s important to have a second and perhaps even third layer of accountability. Your second level consists of people you work with and other professionals, this group includes: managers and bosses, coaches and mentors, mastermind groups, and, in some cases, may even include your peers. The third level of accountability includes friends, family, and other acquaintances. All that said, ultimately the buck stops with you. Even with other people checking on you, it’s possible to cut corners, lie, and otherwise fudge things in your favor. You’ve got to push yourself and be willing to do whatever it takes to hold your feet to the fire even if that includes devices such as trap contracts and large fines.

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September, 2013

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Four Sales Truths Continued from page 13 3) You’ve got to be brutally honest with yourself.

You have to see yourself, and your sales career, warts and all. If you don’t have the sales you need, the prospects you need, and the overall results you want, it’s probably your fault. Own it and do something about it.

This doesn’t mean you have to beat yourself up to the point where you feel so badly about yourself that you can’t perform. At the same time, you need to get enough leverage on yourself that you push yourself to get the job done every day. There’s a happy-medium and balance here, but I find that most people are not half as tough on themselves as they need to be. Most people will skirt responsibility and point the finger elsewhere when it comes to reasons for their failure. Accept responsibility, grab the bull by the horns, and get to work. Success or failure is completely up to you.

4) You have to get organized and get control of your time.

Getting organized and getting control of your time begins with goals and a plan. Decide what your business goals are for the year and then break them down to monthly, weekly, and daily activity.

Organize, clean up, and set up your work area, files, computer, calendar, and other tools and then get to AIANC’s STREET WISE

work. This doesn’t have to be complicated but it does take hard work and self-discipline to stick to your plan and do what must be done every day.

When you’re at work, work. And when you’re working, make sure it’s on the items that will give you the most return on your time, effort and energy. You should be working on the 20% of items that give you 80% of your results; all other items should be delegated or eliminated. In sales, most of your time should be spent prospecting, closing, or otherwise chasing business.

Continue to improve your organization and time management until you are spending 80-90%, or more, of your time in these three key areas and then put checks and balances in place to keep yourself at that level.

For access to John Chapin’s free monthly newsletter, go to: http://www.completeselling.com John is an award-winning sales speaker, trainer and coach. With over 24 years of sales he is a number one sales rep in three industries, and author of the goldmedal winning "Sales Encyclopedia".

For permission to reprint, or if you have sales questions, e-mail: johnchapin@completeselling.com.

John Chapin Complete Selling, Inc. Helping you find and get all the business you want Cell: 508-243-7359 johnchapin@completeselling.com Page 14

September, 2013

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Are Your Employees Classified Correctly? Q&A By Robin Thomas, Managing Editor The DOL is on a mission to ensure that your employees are correctly categorized and paid all wages and benefits owed, particularly overtime. Find out which classifications generally are used so you can place your workers in the right category and pay them properly.

Q: Who determines whether an employee is classified as full-time, part-time, or temporary? We are reviewing our employee classifications and want to make sure we are categorizing employees properly.

A: In short, you do. Since federal and state laws generally do not define these terms, employers usually have a lot of flexibility when categorizing employees. The classifications are often based on the number of hours worked and job duties performed and typically determine eligibility for benefits.

(Download free Employee Classifications model policy including HR best practices and legal background.)

But, these classifications also are under increased scrutiny by the Department of Labor (DOL) as well as state agencies looking to ensure employers comply with minimum wage and overtime rules. In 2010, the DOL added 250 more field investigators to assess wage and hour claims and announced its “Plan/Prevent/Protect” regulatory agenda, aimed at ensuring “America’s workplaces are safe, secure, and equitable.” So, you can expect that your worker classifications may be called into question, particularly independent contractor and exemption classifications. To help you understand your obligations, below is a guide to classifying employees.

Employees usually are classified according to the hours worked and the expected duration of the job. Accordingly, they generally fall into three major categories: full-time, part-time, and temporary employees. To define these categories, many employers use the eligibility requirements under their insurance benefit plans. For example, many health care plans exclude part-time employees who work less than a specific number of hours a week.

Even so, the definition you choose will not affect employee eligibility for legally mandated benefits. Federal and state laws require certain employment benefits, such as workers’ compensation, unemployment compensation, unpaid family and medical leave, and military leave. In addition, they set their own criteria for eligibility. And, beginning in January 2014, the Patient Protection and Affordable Care Act will require most employers to provide health insurance to all “full-time employees,” defined as those employees working 30 or more hours a week, or face penalties. Note, too, the Fair Labor Standards Act (FLSA) further classifies employees as eligible or ineligible for overtime pay and refers to them as either being exempt or nonexempt from the Act’s provisions.

A full-time employee generally is defined as one who works a normal workweek for an indefinite period of time. Since the FLSA sets 40 hours as the maximum number of hours worked before employers must pay overtime to nonexempt employees, many organizations use that number as their normal workweek. Others use 37 1/2 hours or even 35 hours, depending on their workday and meal schedules.

Some employers define full-time employment according to their part-time employment hours. For example, if part-time employment is defined as less than 30 hours, employees who work 30 hours or more are then considered full-time. Fulltime employees generally are eligible for all the benefits the employer offers.

Part-time employees also are employed on an ongoing basis and typically receive some benefits, but work fewer hours than the normal full-time schedule. Part-time employment may mean working irregular hours, regularly scheduled hours every workday, or full workdays but fewer than five per week. A common definition of part-time employment is work of less than 30 hours per week, particularly with the new healthcare law. Many employers provide part-time employees with a pro rata share of benefits, such as vacation, sick leave, and other paid absences, based on the number of hours worked.

Temporary employees may work part-time or full-time hours and may be hired through an agency or directly by the employer. What makes their status “temporary” is that the worker is hired for a particular project or for a finite period of time. As a result of the short-term nature of their employment, temporary employees generally do not receive any benefits, other than those required by law.

Since some employers use temporary workers as an entry pool to screen full-time candidates, these employees may have increased expectations of advancing to regular employment and eligibility for benefits. Therefore, you should make clear to temporary workers that they are being hired for a limited period of time only and are not eligible for benefits.

Continued on page 16 AIANC’s STREET WISE

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September, 2013

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Are Your Employees Classified Correctly?

Continued from page 15 In addition, you should monitor the status of temporary employees so that if the limited duration of their employment changes, you can reclassify them correctly and offer benefits if they are eligible. Otherwise, you may end up with misunderstandings and legal claims.

You also should be categorizing employees as exempt and nonexempt, classifications defined by the FLSA and its supporting regulations. Employees commonly referred to as “hourly” or “nonexempt” employees are those who are not exempt from the FLSA’s minimum wage and overtime requirements. Typically, nonexempt employees are paid on an hourly basis, although they may be paid a salary as long as they are paid overtime. Overtime pay is defined as the premium pay that must be paid to nonexempt employees for all hours worked over 40 in a single workweek. Overtime pay must be at a rate of at least one and one-half times the employee’s regular rate of pay.

Exempt employees are those that, because of the nature of their job duties, are specifically exempted from the FLSA’s minimum wage and overtime requirements. They generally are paid a regular salary, regardless of the number of hours they work or of the quantity or quality of their work, and they are not entitled to overtime. Under the FLSA exemption regulations, an exempt employee generally must be either: (1) a bona fide administrative, executive, or professional employee; (2) employed in outside sales; (3) a highly skilled computer-related employee; or (4) a “highly-compensated” employee.

Other categories of workers who are not your employees but still must be categorized correctly are independent contractors and volunteers. The independent contractor, or freelancer, classification is used for nonemployee workers who typically perform specialized work that your employees do not do and are retained for a specific period of time. Since they are not considered employees of the organization, these workers are not covered by the laws for minimum wage and overtime, payroll taxes, workers’ compensation, unemployment compensation, or employment discrimination and are not eligible for any benefits. But meeting criteria for independent contractor status is tricky because the Internal Revenue Service, the DOL, states, and the courts all impose different standards for employers to satisfy. As a general rule, though, as long as you do not exercise substantial control and direction over their work, these workers are not considered employees.

Using volunteers is even trickier. Many employers mistakenly believe that they can supplement their workforce by using unpaid volunteers, including current employees who volunteer their services to help fill in during a worker shortage.

However, the DOL restricts the definition of nonemployee volunteers. According to the DOL, individuals may volunteer their services without receiving pay only in limited circumstances, typically involving the performance of charitable activities for non-profit groups such as public service, religious, or humanitarian organizations.

The importance of employee classifications is their effect on eligibility for benefits, such as health insurance and paid time off, and the payment of wages and overtime. While not many laws regulate the definitions (with the exception of the nonemployee independent contractor), you still must apply your definitions consistently.

(Download free Employee Classifications model policy including HR best practices and legal background.)

Microsoft found this out the hard way. It was forced to pay over $96 million to settle lawsuits alleging misclassification of its workers as temporary employees or independent contractors and, thus, improperly excluding them from participation in its benefits plans. Accordingly, you should pay close attention to how you classify your workers and review your classifications regularly to ensure that they properly match your benefits eligibility requirements.

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.

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.

Please note that the information in every issue of HR Matters E-Tips is the original, copyrighted work of Personnel Policy Service, Inc., and is protected under U.S. copyright laws. As such, you may not reprint or publish in any format any article or portion of article from HR Matters E-Tips without the express permission of Personnel Policy Service, Inc. Remember, too, we encourage you to pass along any issue of the E-Tips by forwarding it to friends and colleagues.

AIANC’s STREET WISE Page 16 September, 2013

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AIANC’s STREET WISE

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September, 2013

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How to create QR (Quick Response) Codes for free Take your mobile website into the real world with QR codes that can be placed on just about anything that can be printed - advertisements, posters, brochures, mailers, business cards, whatever. Best of all, the program generates the QR codes for you and tracks their performance, so you know how often your codes are being scanned over time.

AgencyThrive will be sponsoring a 3 hour non-CE seminar on “Everything You need to know about How to Localize, Mobilize, Socialize Your Insurance Agency” at AccuAuto’s Southern States Conference 2013 on Tuesday, October 15th How to claim Google, Yahoo & Bing Local Search for free Are you taking advantage of Google, Yahoo and Bing’s new focus on Local Search?

How to get positive reviews and citations in Google, Yahoo & Bing for free More and more consumers research online before they contact your insurance agency.

Positive reviews (and the way you respond to negative reviews) are taken seriously.

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Post them everywhere … on your website, Blog, Facebook, etc. I’ll show you how to set up a YouTube Channel.

Make your website and mobile web pages visually stimulating with images and video. Upload your own photos or graphics, or embed your favorite video clips from YouTube.

How to create a free Mobile Site You’ll learn how to easily create greatlooking websites that are specially formatted for touch-screen viewing on smartphones. Upload your logo, select your color scheme, and add your content. It's that simple!

AIANC’s STREET WISE

Create a QR Code for clients to scan while sittng at your desk.

I’ll show you how to do it for free at the AccuAuto’s Southern States Conference 2013.

Did you know that in June of this year alone, 14 million mobile users in the U.S. -- 6.2% of the total mobile audience -scanned a QR or bar code on their mobile device? Attract new customers, create marketing buzz, and get real-time RSVPs and reporting all while increasing your revenue. Start pulling customers in today.

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September, 2013

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Wayne Hooper Reports: “If I had only known …”

By Wayne Hooper

"When I first started in the insurance industry, I wish someone would have told me..." (Finish this phrase) I have been following this discussion on the INSURANCE PROFESSIONALS website for several weeks which was started by an American Family Insurance agent.

AIANC’s STREET WISE

I found this interesting because I did not choose a career in insurance, I needed a job, but after 43 years in the industry I can certainly say I had a good career. As a college graduate who completed military service I faced a tough job market, not much different than today.

Married with a new baby, I needed a job. Liberty Mutual hired and trained me as personal lines underwriter. I didn't have a clue what an underwriter was supposed to do before that day. In those pre-computer days, policy production was a huge paper assembly line with the customer's life story being maintained in a folder that might be returned to the open alphabetical file on a good day. The paper flow meant the files were in constant circulation among 300 policy typist, proofreaders, report clerks, underwriters and file personnel. Special search people had a full time job just finding customer folders out of file. The highest ranked female was an underwriting Technical Assistant, who referred apps to the underwriter for a decision. The upper management was all male, from Boston. The Vice President of Personal Lines had never driven a car, nor have a driver’s license?

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"• the government will never leave it alone long enough to make sense of the new laws."

If I Had Only Known Continued from page 20

“You have to keep learning to become the professional you want to be. Just showing up for work every day is not enough."

One of my hidden talents was the ability to speed read a file and make quick decisions. My ability to move paper faster than my peers, earned me extra work for my effort. My peer group advised me to slow down. It was making them look bad plus for my effort, I got their unfinished work to keep me busy. (I learned the first rule of management is to keep everyone busy.) I soon found that the only way to make more money was the move to other companies who needed experienced people for startup operations. (Rule # 2 Frequent job changes are not considered a negative thing if you appear to be moving up the corporate ladder doing more complex jobs)

"• How much I would have to learn - about policies, contracts, relationships, how to write a report that's short enough to keep a client's attention and still explain coverage without dumbing it down."

"1- That this career would bring me so much personal satisfaction and the opportunity to meet a lot of people 2.-how quickly can the insurance industry change.

3.-You are not going to be able to help everyone, even if you want to”

I found being an "Underwriter" caused me to see everything as a hazard. It made my wife crazy when I pointed out the lack of a sprinkler system in a restaurant or a blocked EXIT. I moved to sales, to win friends and influence people.

"That I need to be very organized. I am not by default and it took me awhile to get a program to keep track of all of my client’s information."

"How addictive it becomes. Once caught up you never want to do anything else. I never stop learning. It "stale-proofs" your brain"

Sales are fun when it works, it is depressing when it doesn't, but I like it.

The discussion on the INSURANCE PROFESSIONALS website was answered by over 40 agents. The remarks were both positive and negative as you might expect. A few of those comments are attached: "My biggest criticism of the industry is that no one will explain it to you even if they have their hand in your wallet. Very sad."

"As to sales I would say success is in three areas; perseverance, qualifying and relationships."

"Ethics: Never compromise your ethics for the sake of a sale"

“That I would become part attorney, risk manager, psychologist, babysitter, entrepreneur, underwriter, relationship builder, fire extinguisher, adjuster, mentor/trainer, continual learner, proactive visionary, solution seeker," "....how interesting and important this industry is to businesses across the world. You can create a successful career while constantly learning. You're not selling pencils; you're making a difference in a client's business."

"How to handle difficult customers”. You can't prepare for that because you don't know when they're coming."

AIANC’s STREET WISE

"That it is a highly rewarding profession in terms of materials and societal relevance (e.g. having friends in high places and even in low places, as a special adviser) if one can hang on long enough.”

I noticed the women responded with a much more positive attitude than the men, because I believe women see a greater opportunity to excel in this business due to their relationship building abilities. The insurance industry has exploded with female executives and sales staff in the last 20 years because of their relationship abilities and motor skills.

"That sooooooo many people in the biz lack integrity,"

"In this business you have to have a lot of strength to persevere ..."

“How important it is to have the support of your agency/spouse/partner/colleagues."

Looking at the above comments, I must admit I agree with each one to some extent. I wished I had someone to tell me these things when I first started, but the "Catch 22" is a new person in the industry doesn't have a frame of reference to understand what is involved. How do I “keep learning" or "that I need to be very organized” or "how to handle a difficult customer?" .What does that mean? I could teach a 6 month college course on agency operations and not cover all the situations that occur in an independent agent's office. Ever have to deal with a "crazy" customer who will not be satisfied regardless of what you say or do? Most P&C agents have at least one. I had a lady who called every month complaining because the company rounded up a penny and then rounded down a penny on the next monthly bill to balance out the odd number annual premium owed.

She just wanted to vent to someone about her premium.

Continued on page 22

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Many agents have expressed their frustration to me about the "good ole days" are gone where they were paid higher commissions and companies were not trying to steal their business. That's true as far as it goes but the "good ole days" were not that good. Automation, DSL lines and faster computers have really improved your access to information. An inquiry that took days to get a reply is now instantly available. You save time and money. If used properly these same technology improvements can bring you more new business and income.

If I Had Only Known Continued from page 21 The best class room for a new agent or an insurance major is "on the job training" (OJT), working under close supervision of a "mentor agent". A Co-Op program or a supported program for agency training is the most effective, where a base income is provided or college credits earned while working in an agency. The simple act of answering the phone, trying to help customers or answering questions is an eye opening experience for most, as to the huge gap between the formal schooling and the real world situations. Each company and agency is different, with different rules and procedure, but the core guidelines are similar. I would even recommend the OJT for a prospective buyer of an agency to learn where to find the resources to handle the customer inquiries if it can be arranged. Most insurance school classes don't get into details as what is important. Signing and dating an application or endorsement is important, but it is not college material, the devil is in the details in this business.

Change is always with us, so be flexible about where you are going in the future. "The Affordable Health Care Act" maybe is financial disaster, but it may offer great opportunity to the agents who are knowledgeable about the good and bad features in the program. There is great opportunity in a time of instability.

Having mentioned "a crazy" in learning how to deal with situations, what would your answers be for this Georgia Agent?

"On a lighter note, recently I was paid a visit by a longtime policyholder. He came in and told me he "thought" he needed to file a claim. Immediately, he had my attention. Here are the circumstances:

The Continuing Education requirement for a license renewal is a good concept, but it cannot deal with the constant state of flux we see in the P&C, Life and Health business. The agent can only remain up to speed on the changes by reading the independent agency journals and newsletters, company and industry websites, plus government and news media. Set aside a quiet time each day to learn about the changes coming; share that information with your staff and customers on your website.

Our insured received a call from the local PD at approximately 6:00 AM. The officer asked if he owned a vehicle to which he said yes. The officer asked what kind of vehicle and our insured told him. The officer then asked if the vehicle in question was in his possession.

The insured said, "Well, it was when I went to bed." He then looked outside and his truck was gone. By now, I was leaning forward on my desk anxious to hear the "rest of the story"!

We recognize the industry is in a constant state of change with new laws, technology, social acceptance of gay, transgender, disability and woman rights, insurance carriers coming and going, buy outs / mergers and government regulation. The agency owner needs a core set of principles and working guideline for his employees. Never stop letting them grow or learn new things, getting a license, or bettering themselves. They may have to leave the agency in order find their true potential, but while they work with you, your agency will have a healthier, happier more sophisticated employee.

At the same time the owner has to keep up with the new software and technology in the office, in case the key employee with all the answers leaves. I have been in dozens of offices brought to a halt because the key employee was out sick, on vacation or left without notice.

Employee cross training is important. Older employees feel threaten by new employees learning their job, but if they can be made to feel it is a team effort in increasing production to earn a bonus then cross training goes easier. I know of several agencies where the long term employee was taking cash when making the deposit, which was not discovered until a new employee was cross trained or the owner had to do the deposit when they were out.

AIANC’s STREET WISE

Apparently, sometime during the night, the next door neighbor, a woman in her late 40's and friend of the family had a "mental episode". She got out of bed, left her son in the house and got in my insured's truck. Did I mention that my insured left his keys in the truck and his wallet on the dash and a $1,800 set of golf clubs in the bed? The neighbor proceeded to tear the basketball goal out of the ground causing significant damage to the truck and basketball goal. The driver then proceeded to a local middle school and threw the golf clubs out in the parking lot. Somewhere along the way, she hit a few mailboxes and in the stupor caused about $8,000 in damage to the pickup.

The driver called 911 and said that she had been kidnapped and she and her child were wrapped in a blanket in the back of the truck and pleaded for help then hung up the phone. She later pulled into an apartment complex and rang a stranger’s doorbell. When the occupant came to the door she immediately said she had been kidnapped and asked for help.

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If I Had Only Known

Continued from page 22 Could the perpetrator's insurance company pay for the damage under "substitute vehicle"? If they did, would they immediately cancel her coverage? Would she loose her license? To further complicate this situation, both parties and their agents are all friends and/or acquaintances, so we would like to proceed causing as little chaos as possible in everyone's lives, coverage and ability to drive and get insurance coverage.

Suggestions? "

Somehow, the chaos attracted the firemen at the fire station next door to the apartment complex. The firemen called EMS whose building is across the street from the fire department and ironically where the 911 center is located. After a period of questioning and sobriety tests, it was determined that the suspect was not under the influence of any drugs or alcohol. She was detained until a relative could be contacted. Her child was found at home asleep in bed. She eventually came out of whatever episode she was in and has no recollection of the events of the evening. Let me say for the record that this is a nice neighborhood. Houses in the subdivision are valued from $175,000 to upwards of $500,000. It is not your typical trailer park!

Wayne Hooper Reports …

Wayne Hooper Wayne@FYIEXPRESS.com

My insured received a call from the middle school informing him they had his golf clubs. He has recovered them. The incident has caused some tension between the neighbors.

Some questions have come up since I know the insured, the perpetrator and her husband and the perpetrator's insurance agent: Who is responsible for payment for the damage to my insured's truck and under what coverage would payment be made? Would the insured file a theft claim? Would his carrier balk since he left the keys in the vehicle and the vehicle was unlocked with his wallet on the dash? If he did file a theft claim, would he have to see his mother's walking partner and friend arrested?

AIANC’s STREET WISE

Cell # 678-296-6345

Wayne Hooper is a retired Insurance executive and agent with 43 years’ experience in the P&C industry. A Georgia native, born in Tifton, Ga., Wayne graduated from Georgia State University with a degree in Psychology. He was commissioned into the Army on graduation and served in Germany.

Wayne has been an underwriter, supervisor, manager, Product Manager, Reinsurance coordinator, agent, and Sales Manager with various carriers and MGA’s in his career. He recently retired from Kemper Specialty Insurance Co. after 13.5 years of service to join the staff of the FYI Express as a contributing editor.

Wayne enjoys good humor, good food, good stories, history, sailing, antique cars, and hiking in the North Georgia Mountains. Not always in that order, depending on the weather.

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Step 2. When prompted during the MLN registration, a. Select your user type: “agent/broker/web-broker” b. Select your role, based on which insurance market(s) you wish to serve.

The role choices are: “Individual Marketplace,” “SHOP Marketplace,” or “Individual Marketplace and SHOP Marketplace.” Your role selection will determine the courses and agreements you complete. Your progress in completing those items will be tracked, based on your role selection.

Insurance News and Thoughts This is everything that the healthcare reform and CMS requires to be able to sell on the exchange.

Step 3. Depending on the role you select, you must complete the following steps, as prompted, in order to receive training completion certificates.

There is no cost, and depending on how well the system is working, should take about 5 hours

a. If you select the Individual Marketplace role, you must —

This includes the: Link for the free/required training and certification through CMS to sell through the Marketplace (part 1).

i. Take the “Affordable Care Act and Marketplace Basics” course and pass the exam. (required) ii. Take the “Individual Marketplace” course and pass the exam. (required)

Link for the free/required training and certification through CMS to sell through the Marketplace (part 2).

iii. Read and accept the Federally-facilitated Marketplace Agreement for the Individual Marketplace. (required)

Link to your personal Marketplace portal.

b. If you select the SHOP Marketplace role, you will be prompted to —

Agents and Brokers Registration

Registration Process Part 1 Agents and brokers operating in the Individual Marketplace must complete the steps below before they may assist individuals with an application, plan selection, and enrollment through a Federally-facilitated Marketplace. Note that the registration steps occur on two different websites — The Medicare Learning Network (MLN) ® Portal: http://medicarelearningnetworklms.com The CMS Enterprise Portal: https://portal.cms.gov Agents and brokers who ONLY operate in the Federally-facilitated SHOP are only required to complete the applicable steps in Part I. Part I. Register on MLN, complete assigned training and exams, and execute Federally-facilitated Marketplace Agreements. (All agents and brokers in the Federally-facilitated Marketplaces are required to register on the MLN website. This applies to all agents and brokers, regardless of which insurance market they wish to serve in the Federally-facilitated Marketplaces.)

Step 1. Enter basic identifying information, including your NPN, as prompted. You will also be prompted to create an MLN user ID. It is vital that you enter your NPN correctly, and that you remember your MLN user ID. AIANC’s STREET WISE

i. Take the “Affordable Care Act and Marketplace Basics” course and pass the exam. (highly recommended) ii. Take the “Small Business Health Options Program Marketplace (SHOP)” course and pass the exam. (highly recommended) iii. Read and accept the SHOP Marketplace Agreement for the Federally-facilitated SHOP. (required) c. If you select the Individual Marketplace and SHOP Marketplace role, you will be prompted to — i. Take the “Affordable Care Act and Marketplace Basics” course and pass the exam. (required.) ii. Take the “Individual Marketplace” course and pass the exam. (required) iii. Take the “Small Business Health Options Program Marketplace (SHOP)” course and pass the exam. (highly recommended) iv. Read and accept the Individual Marketplace Agreement for the Federally-facilitated Marketplace. (required) v. Read and accept the SHOP Agreement for the Federally-facilitated SHOP. (required) Continued on page 25 Page 24

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Step 4. Keep the training completion certificates you receive. You will need to provide copies of these certificates to the issuers and web-brokers with which you are affiliated. You will receive a certificate for each curriculum you complete. a.

The Individual Marketplace curriculum consists of: Affordable Care Act and Marketplace Basics exam; Individual Marketplace exam; Federallyfacilitated Marketplace Agreement for the Individual Marketplace

b. The SHOP Marketplace curriculum consists of: Affordable Care Act and Marketplace Basics exam (if completed); SHOP Marketplace exam (if completed); SHOP Marketplace Agreement for the Federallyfacilitated SHOP c. The Individual Marketplace and SHOP Marketplace curriculum consists of: Affordable Care Act and Marketplace Basics exam; Individual Marketplace exam; SHOP Marketplace exam (if SHOP training is completed); Individual Marketplace Agreement for the Federally-facilitated Marketplace; SHOP Marketplace Agreement for the Federally-facilitated SHOP Remember to keep these certificates for your records. You will need to provide copies to the issuers and web-brokers with which you are affiliated.

Registration process Part 2 Part II. Create a User Account and complete identity verification through the CMS Enterprise Portal.

(Required only for agents and brokers who wish to enroll individuals in a Federally-facilitated Individual Marketplace.)

Step 1. Go to the CMS Enterprise Portal at https://portal.cms.gov/ and select “New User Registration.” Note: To allow time for your training results from the MLN site to be transmitted to the CMS Enterprise Portal, you must generally wait at least two business days after completing your registration, training and exams, and Marketplace agreement(s) on the MLN website. During the initial 2013 launch of the agent/broker registration process, the transmission of training results may sometimes take longer than two business days.

Step 2. As a result of selected "New User Registration", the CMS Enterprise Identity Management (EIDM) system on the CMS Enterprise Portal will prompt you to agree to the EIDM terms and conditions, and then enter basic identifying information. Be sure to enter your legal name rather than a nickname.

Step 3. The EIDM system will prompt you to create a Federally-facilitated Marketplace user account (your FFM user ID, password, and challenge questions).

AIANC’s STREET WISE

Agents and brokers operating in the Individual Marketplace will use this ID to enroll individuals in the FFM. The challenge questions may be used later to retrieve your password or make profile updates.

Note that this FFM user ID will not be fully activated until all steps below are completed.

Step 4. After the completion of Step 3, the EIDM system will acknowledge the creation of the account and redirect you to the CMS Enterprise Portal home page for you to log back in with your new FFM user ID and password.

Step 5: On the CMS Enterprise Portal home page, select "login to CMS Secure Portal" and log in with the FFM user ID and password you created in Step 3. This returns you to the EIDM system.

Step 6: Select “Request Access Now”. On the “My Access” page, select “Request New Application Access”.

Step 7: Select “FFM” from the Application Description dropdown menu.

Step 8: Select your role: “Agent/Broker.”

Step 9: Before granting you the Agent/Broker role, the EIDM system will automatically begin a secure identity proofing process. The EIDM system receives the questions from an external application, and does not control the content of the questions. You will be asked questions that only you can answer, so-called “out of wallet” questions — because the answers are usually not found in your wallet or purse.

Step 10: Once the identity proofing process is successfully completed, you will be returned to the “My Access” page.

Step 11: Enter your NPN and MLN User ID. (It is absolutely vital that you enter both of these items accurately, or the system will not be able to match your training records.)

Step 12: When identity proofing has been successfully completed, your FFM user ID will be activated, and you will be granted the Agent/Broker role.

Your FFM user ID and NPN must be entered on Federally-facilitated Marketplace applications in order to receive compensation from health insurance issuers.

Note that in some cases, identity proofing will not be feasible on-line. In this case, EIDM will display a phone number for you to call that is staffed by appropriate personnel. If you are unsuccessful in completing identity proofing with that individual telephone assistance, you may also contact the Agent/Broker Email Help Desk.

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Customer Service Goal: We Don't Want You to Come Back If the customer calls with a service issue or complaint, you want to resolve it in such a way that the customer is happy and doesn’t need to call back for the same issue. This is frequently called first-call resolution, and is the goal of many customer service support centers.

There are some companies I’ve worked with that take this concept a step further. They not only want to resolve the customer’s initial problem, but they will ask questions and probe to see if there are potential problems the customer might have in the future; the goal being they don’t want the customer to call back.

Sometimes it’s not about a complaint. For example, you might be painting a room in your home and visit your local Ace Hardware to buy a can of paint. The sales associate will ask questions to ensure you have everything you need for the project: brushes, rollers, drop cloths, masking tape, primer and more. The goal is that you won’t have to come back because you forgot to purchase that one item you might need to complete your project. When the associate asks the right questions and gets you everything you need, you are thankful and appreciative. And while you won’t come back for that project, you will surely consider coming back for future projects.

How about this for a customer service goal: We don’t want the customer to come back!

Have you ever had an experience where the company makes you feel like they don’t want you to come back? It may have been the bad service or an employee’s lousy attitude that made you feel that way.

That’s probably not their goal, but it is the result.

Many of the customer service tools, tactics and strategies I cover in my books, articles, speeches and videos are about getting the customer to come back again and again. But there are times that you might have the goal of not wanting the customer to come back. Actually, a better way of putting it would be that there are times that you don’t want the customer to need to come back.

AIANC’s STREET WISE

So, you really do want your customers to come back – just not because they need to continue resolving the same problem or because they forgot to buy something they needed. Ask the right questions. Ask extra questions. Be it one-call resolution or one-stop shopping, do what is necessary so the customer won’t come back… until they want to, not because they need to.

Shep Hyken is a customer service expert, professional speaker and New York Times bestselling business author. For information contact (314)6922200 or 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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Company for which he was paid $33,323.51 more than he was entitled.

The Durham Police Department’s Warrant Squad arrested Pickett on Sept. 24 and he was placed under a $30,000 secured bond.

Consumer Complaint Leads to $524,000 Fine for Time Insurance Company RALEIGH -- Insurance Commissioner Wayne Goodwin announced today that Time Insurance Company has agreed to take corrective actions and pay a $524,000 fine after an administrative investigation by the North Carolina Department of Insurance.

The investigation began in late 2011 after NCDOI received a complaint from a consumer about his dissatisfaction with a health insurance policy he bought by telephone after requesting a quote online.

NCDOI learned that: The policy was sold by a recently-incorporated California agency, and the agent who conducted the sale was not licensed in North Carolina or any other state.

Most policies being sold by the agency were underwritten by Time Insurance Company, a Wisconsinbased insurance company that is licensed in North Carolina.

Federal Health Care Reform in North Carolina http://www.ncdoi.com/HealthCareReform/ Many North Carolina consumers, insurance industry professionals, employers and Medicare beneficiaries have questions about federal health care reform, also known as the Affordable Care Act. The information on this website is based on what the North Carolina Department of Insurance has learned from the federal government and is meant to provide a very broad overview of key features of the law. For the most complete and up-to-date information, please visit the federal websitewww.hhs.gov/healthcare.

Durham Business Owner Charged with Insurance Fraud after Filing Robbery Claim RALEIGH -- Insurance Commissioner Wayne Goodwin today announced the arrest of Earl Lin Pickett, 68, of 1215 Summerville Lane, Durham; he was charged with one count each of insurance fraud and obtaining property by false pretense.

For approximately nine months after the agency opened in spring 2011, most of the agents hired by the agency were licensed only in California, and of those that were licensed agents, many were not appointed by Time Insurance Company.

The agency was using deceptive telephone sales scripts with consumers across the country.

Approximately 1,500 policies were sold to North Carolina consumers by agents that did not hold a North Carolina agent license and who did not hold an agent appointment with Time Insurance Company. (During NCDOI’s investigation, Time Insurance Company sent letters to these North Carolina consumers in an effort to help them understand the policies they had purchased.)

North Carolina law requires that insurance agents be licensed by NCDOI in order to sell insurance in the state.

Generally, agents are also required to be appointed by the insurance companies for which they are selling policies.

As a result of NCDOI’s investigation, Time Insurance Company voluntarily agreed to construct and implement a national corrective action plan and pay a $524,000 Department of Insurance criminal investigators allege penalty in lieu of a formal administrative hearing. The that Pickett misrepresented and inflated the value of corrective action plan increases the company’s due property that was stolen and damaged by gunfire during diligence and monitoring of agent and agency sales an armed robbery on Jan. 2, 2013 at one of his Durham activities in order to ensure that only licensed and convenience stores. Investigators accuse Pickett of filing appointed agents are taking applications for insurance an inflated property loss claim with Federated Insurance coverage, and that sales and other marketing materials accurately describe the coverage involved.

AIANC’s STREET WISE Page 27 September, 2013

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The $524,000 civil penalty will benefit North Carolina public schools in accordance with the provisions of Article IX, Section 7 of the North Carolina Constitution.

Learn about Extra Help for Medicare Prescription Drug Costs SHIIP holds free public events around North Carolina RALEIGH -- Insurance Commissioner Wayne Goodwin and SHIIP, the Seniors’ Health Insurance Information Program, are pleased to announce a series of town hall events to educate Medicare beneficiaries about opportunities to lower the cost of their prescription drugs.

At the events, SHIIP staff and volunteers will provide information about applying for Extra Help, a federal subsidy for people with limited incomes and assets to assist with Medicare prescription drug plan costs. SHIIP will also emphasize the importance of Medicare beneficiaries reviewing and comparing Medicare Part D prescription drug plans during the Annual Election Period, Oct. 15- Dec. 7.

Insurance Agent Charged with Embezzlement in Durham County RALEIGH -- Insurance Commissioner Wayne Goodwin today announced the arrests of Frederick Knight, 34, and Monica Sharpe Knight, 36, of 119 Whitehurst Lane, Tarboro; both were charged with one count each of insurance fraud and obtaining property by false pretense.

Department of Insurance criminal investigators allege that the couple submitted fraudulent documentation to GMAC Insurance in support of a lost wages claim for Frederick Knight after a vehicle accident on March 9, 2012. Investigators accuse the couple of inflating the amount of Frederick Knight's lost wages, creating a company that did not exist and fraudulently collecting $8,100 from the insurance company.

The couple was arrested on Sept. 11 in Edgecombe County, and each was placed under a $10,000 unsecured bond.

Insurance Agent Charged with Embezzlement in Durham County

The events are free and open to the public. Goodwin, county officials, and SHIIP staff and volunteers will be in attendance. For more information about the town hall events listed below, contact marcia.kelly@ncdoi.gov or

RALEIGH -- Insurance Commissioner Wayne Goodwin today announced the arrest of Gina Peeler Wagner, 46, no known address; she was charged with one count of embezzlement by an insurance agent.

Buncombe County: Oct. 4 10:30 a.m. – 12:30 p.m.

Chamber of Commerce Board Room 36 Montford Avenue, Asheville

Department of Insurance criminal investigators allege that between January and September 2012, while working as a licensed insurance agent, Wagner received insurance premium payments of approximately $10,000 from 30 individuals, but did not apply the funds to their accounts. Investigators accuse Wagner of keeping the money for her own personal use.

Cumberland County: Oct. 8 10 a.m. – 12 p.m.

Kiwanis Recreation Center 352 Devers Street, Fayetteville Gaston County: Oct. 22 10 a.m. – 12 p.m.

Citizens Resource Center 1303 Dallas-Cherryville Hwy, Dallas Mecklenburg County: Oct. 23 9 a.m. – 11 a.m.

Charlotte-Mecklenburg Senior Centers, Inc. 2225 Tyvola Road, Charlotte Watauga County: Nov. 21 10 a.m. – 12 p.m.

L.E. Harrill Senior Center 132 Poplar Grove Connector - Suite A, Boone

Wagner was arrested on Aug. 27 in Durham County and placed under a $150,000 secured bond.

Couple Charged with Insurance Fraud in Jones County RALEIGH -- Insurance Commissioner Wayne Goodwin today announced the arrests of Johnny Ball, 49, and Joni Ball, 49, both of 154 Kitty Noecker Road, Pink Hill. Each was charged with one felony count of insurance fraud and one county of obtaining property by false pretense.

Department of Insurance criminal investigators accuse Johnny and Joni Ball of submitting a fraudulent claim to Nationwide Agribusiness Insurance Company in the amount of $6,000 for the rental of a camper after a fire at their shared Jones County residence in February 2010. Investigators allege that the couple did not rent a camper and manufactured a fraudulent receipt.

SHIIP is a division of the North Carolina Department of Insurance that offers free, objective information about Medicare, Medicare prescription drug coverage, Medicare Advantage, long-term care insurance and other health insurance issues. SHIIP’s trained volunteers Johnny and Joni Ball were arrested in Jones County provide one-on-one counseling in all 100 counties. For on Aug. 22 and placed under a $10,000 unsecured more information about SHIIP or to get answers to bond.

Medicare questions, call SHIIP directly at 800-443-9354 or visit www.ncshiip.com.

AIANC’s STREET WISE Page 28 September, 2013