O U I S I A N
PROTECTION
IIABL Protects Agents from Liability
Jeff Albright
CONFERENCE
Batter Up!Young Agents
Conference 2024
Ben Albright
NEW LAW
New Law Prohibits Insuring Land
Jeff Albright
JULY 2024
2024
IIABL STAFF
Benjamin Albright
Chief Executive Officer, President balbright@iiabl.com (225) 236-1357
Jeff Albright
Consultant
jalbright@iiabl.com (225) 236-1366
Karen Kuylen
Director of Accounting & Finance kkuylen@iiabl.com (225) 236-1353
Jamie Newchurch
Director of Insurance Programs jnewchurch@iiabl.com (225) 236-1350
Kathleen O'Regan
Director of Communications & Events koregan@iiabl.com (225) 236-1360
Karson Roberts
Communications & Events Administrator kroberts@iiabl.com (225) 236-1351
Lyra Roberts
E&O Administrator lyra.roberts@iiaba.net (225) 236-1352
IIABLProtectsAgents fromLiability
This article discusses the E&O litigation risks for agents due to improper handling of UM selection forms and insurers' shifting responsibilities.
JEFFALBRIGHT IIABLCONSULTANT
UM selection forms have been a huge source of E&O litigation against insurance agents for many years. Louisiana courts have found numerous ways to invalidate UM selection forms and create UM coverage where none was intended.
In addition to the fundamental challenge of getting a UM selection forms properly completed by your policyholders, in recent years some insurers have taken very aggressive actions against agents on UM claims where the UM selection form comes into question
As part of the broader effort by insurers to shift more work onto agents (without appropriate commissions), many have stopped underwriting and retaining UM selection forms Instead, they place 100% of the responsibility for UM selection forms onto the agent Agents must secure, underwrite for proper completion, maintain, and produce at the time of the claim, any UM selection form at question in a claim Many times the claim and the need to produce the form comes many years after the form was completed
When insurers pay a UM claim because the UM selection form was not properly completed or could not be found at the time of the claim, some require the agent to reimburse the insurer for the UM claim or file a claim on their E&O policy.
Under Louisiana law, the UM selection form becomes part of the actual insurance policy. IIABL believes that is the responsibility of the insurer, not the agent, to verify that they have a properly completed UM selection form in their records to prove that there is no UM coverage (or lower limits) on the policy.
PROTECTINGAGENTS
During the 2024 Regular Session of the Louisiana Legislature, Representative “Big” John Illg brought HB 511 at the request of IIABL to protect agents from subrogation from insurance companies on UM selection forms. HB 511 requires insurance companies to verify the proper completion of UM selection forms, requires insurers to maintain a permanent copy of the form in their records, and prohibits insurers from delegating those responsibilities to their agents.
HB 511 / Act 381 by Rep. Big John Illg
Status: Signed by the governor on May 28, 2024, and becomes effective August 1, 2024.
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BatterUp!-Young AgentsConference2024
This article discusses the upcoming joint Young Agents conference in New Orleans, emphasizing networking, professional development, and the benefits of investing in young agents.
BENALBRIGHT IIABLCEO&PRESIDENT
IIABL and Big I MS are bringing the big leagues to New Orleans! Our joint Young Agents conference will be held at the Royal Sonesta in the French Quarter August 22-24. The event includes networking, professional development, and continuing education credit hours, so spread the word to every young agent in your agency!
The fun kicks off on Thursday evening with networking at our second annual young agents bowling tournament The next day, attendees will be able to choose from a number of professional development options with an all-star lineup of speakers on topics including: use of AI in your agency, managing difficult conversations, marketing yourself and your agency, and more Friday night includes a reception with exhibits from company and vendor partners, an opportunity for our young agents to network with the brokers and companies that place their business throughout the year On Saturday, attendees will participate in a mock trial to learn about agency E&O in a practical setting
If all of the professional development opportunities don’t convince you to send the young agents in your agency, consider one of the hidden dangers of the hard market. What are you losing sight of while you’re working overtime to renew accounts during this market cycle? Too many agency managers are losing sight of employee morale, and the statistics on burnout and staff turnover back this up. Imagine being a young agent right now – learning about the industry in this market! Consider investing in your young agents’ success for the long term. Sending them to conferences like Young Agents 2024 can help instill a sense of community and belonging in your young agents, and we desperately need to attract and maintain young talent in this industry.
NewLawProhibits InsuringLand
This article discusses Louisiana Act 600, HB 144, which prohibits homeowner's insurance from covering unimproved land.
JEFFALBRIGHT IIABLCONSULTANT
Well, of course you can’t insure land on a Homeowner’s policy, you say!
But it is not uncommon for mortgage lenders to request Homeowner’s insurance limits to cover 100% of the loan amount, even if it is well in excess of the replacement cost of the home. The mortgage lender wants to make sure that if the property is a total loss, they will be insured and paid the full amount of the loan. That makes sense from their perspective, but for many reasons, insurers do not want to insure a property for more than 100% of replacement cost.
During the 2024 Regular Session of the Louisiana Legislature, Representative Brian Glorioso, a Republican from Slidell, Louisiana, addressed this issue with Act 600, HB 144. HB 144 by Rep. Brian Glorioso
§1339. Homeowners' insurance; prohibited coverage of unimproved land
“An insurer shall not deliver, issue, or renew any Homeowner's insurance policy providing coverage for loss or damage to improvements upon immovable property that includes the value of the unimproved land in the coverage limits.”
Although this is a commonsense underwriting fundamental for Homeowner’s insurance, this statute may be helpful for IIABL member agents who receive requests for coverage limits in excess of replacement cost. When mortgage lenders pressure your customer to increase coverage limits beyond replacement cost, you can advise your customer to advise the lender that it is against state law to increase coverage beyond replacement cost.
UMSelectionFormsNot RequiredOnCommercialAuto
This article discusses Louisiana Act 770, SB 499, changing UM coverage requirements for commercial auto policies and improving agent protections.
JEFFALBRIGHT IIABLCONSULTANT
During the 2024 Regular Session of the Louisiana Legislature, the Louisiana Department of Insurance (LDI) asked Senator Mike Reese, Republican from Leesville, Louisiana, to sponsor SB 499 / Act 770 regarding UM selection forms.
The original bill would have eliminated the mandate for UM coverage equal to liability limits and the UM selection form. It would have made UM coverage just like other optional auto coverages…buy it if you want it, and don’t buy it if you don’t want it. IIABL was in strong support of the original bill because it would eliminate the problems and liabilities that agents face from UM selection forms.
Unfortunately, the legislature worried that personal automobile policyholders would not understand the importance of UM coverage, particularly in a state where a $15,000 minimum limit leaves many drivers underinsured. SB 499 was amended in the Senate to limit the scope primarily to commercial automobile insurance. Commercial auto policies will no longer require UM selection forms to reject coverage (or reduce limits). Instead, commercial auto policyholders may elect to buy UM coverage by completing a form promulgated by LDI requesting the coverage. If the commercial policyholder did not request UM coverage and did not pay a premium, there is no UM coverage.
This is a significant improvement in the determination of UM coverage on commercial auto policies and should benefit agents.
SB 499 had a secondary provision that applies to personal auto policies and UM selection forms. If a UM selection form has a technical error, but it is determined that the policyholder intended to reduce or reject UM coverage, there shall be reduced or no UM coverage on the policy. This provision will hopefully result in court cases that render a fair determination of whether UM coverage should be provided and eliminate the technical exceptions that put agents in harms way.
IIABL is grateful to Commissioner Temple and the folks at LDI for introducing and passing SB 499.
Big“I”GovernmentAffairs MonthlyUpdate
This article gives the Big "I" Government Affairs July Update, focusing on accelerated election year politics and stalled congressional action.
BIG“I” GOVERNMENT AFFAIRSTEAM
JULY2024
In an election year the majority of the country generally turns its attention to politics following Labor Day. For good or bad, it seems as if that attention has been accelerated by several months. Congressional action, which was already moving at a snail’s pace, has largely ground to a halt as both sides dig in and shift to campaign mode (see item #1 below). Following are some things that the Big “I” government affairs team has been working on and monitoring. As always, if we can provide additional information or address any particular issues please do not hesitate to reach out!
InsurPac Continues to Raise the Bar
Coming off a record setting 2023 campaign, InsurPac shows no signs of slowing down. Year-to-date receipts stand at $715,405 and top $2 million for the election cycle (202324). As you may have seen, InsurPac recognized donors giving more than $500 in the July edition of IA Magazine, and will run a similar piece at the conclusion of this year. In this election cycle InsurPac has disbursed over $2 million to campaigns for the U.S. House and Senate, and the Big “I” federal lobbying team has attended 1,063 fundraising events, engaging with elected officials and their staff at each of them. In addition to disbursing funds, the Big “I” has raised an additional $1,035,000 for members of Congress via 23 fundraising events that it has hosted so far this cycle. InsurPac is clearly playing above the rim, reinforcing its status as the most recognized insurance PAC on Capitol Hill.
Legal Abuse Reform: Americans for Litigation Tax Fairness
The Big “I” has been beating the drum for Third Party Litigation Funding (TPLF) transparency and disclosure. Scrutiny of TPLF has been steadily increasing on Capitol Hill and in states, with NCOIL currently working on a model law.
GOVERNMENTAFFAIRS
Continued from page 15
In addition to seeking more transparency around TPLF, the Big “I” is working with other stakeholders on additional ways to tackle TPLF and abuse of the legal system. I’m excited to pass along the formation of a new coalition called Americans For Litigation Tax Fairness (A4LTF). We are involved in this from the ground floor and will be working to grow the coalition well beyond the insurance industry. The goal of A4LTF is to introduce and pass legislation that would levy a tax on TPLF investors at the time of award/settlement. The tax would be levied solely on the third-party funders and would not create a new tax on actual plaintiffs or their attorneys, nor would it limit traditional law firm financing, or disrupt post-judgement financing arrangements. The coalition has secured commitments from Sen. Thom Tillis (R-NC) and Rep. Kevin Hern (R-OK) to draft legislative language and champion the cause in each respective chamber. Stay tuned for additional information in the near future.
FTC Ban on Noncompete Agreements Dealt Significant Blow
Last week an initial ruling in the case of Ryan LLC v. Federal Trade Commission, being heard in the U.S. District Court for the Northern District of Texas, partially blocked the FTC noncompete rule from going into effect by granting a preliminary injunction. The injunction is limited to the plaintiffs, who also include the U.S. Chamber and Business Roundtable, and does not extend to their members or beyond. However, in delivering this ruling the judge signaled that the plaintiffs are likely to succeed in their challenge, which will be decided on or before August 30 of this year. The anticipated decision could include a nationwide permanent injunction preventing enforcement of the FTC rule. A similar case, ATS Tree Services, LLC v. Federal Trade Commission, being heard in the U.S. District Court for the Eastern District of Pennsylvania could be decided prior to Ryan LLC. Oral arguments happened yesterday, and the court is expected to issue its decision regarding a preliminary injunction on July 23. The Big “I” has been working with a broad coalition to push back on this noncompete ban and voice concern over the FTC’s abuse of its authority, which could lead to overreach in other areas.
GOVERNMENTAFFAIRS
Tax Teams in U.S. House and Senate Begin Work
Ben Albright December 2023
Former Big “I” Legislators of the Year – Sen. Mike Crapo (R-ID) and Rep. Jason Smith (R-MO) – now serve as the top Republicans on the Senate Finance Committee and the House Ways & Means Committee, which have jurisdiction over tax policy. Both have formed working groups to study key provisions from the 2017 Tax Cuts and Jobs Act (TCJA) that are set to expire at the end of 2025 Among other things, those include the individual tax rates, which are set to revert to their pre-2017 levels, and the 20% “small business deduction” (Sec. 199A) for passthrough entities, which is set to expire. The Main Street Tax Certainty Act, which would make 199A permanent and has been championed by the Big “I” is up to 182 cosponsors in the House and 32 in the Senate. In addition to rounding up cosponsors for this important legislation, the Big “I” is actively involved in these tax working groups, advocating for independent agents and laying the groundwork for legislative action next year.
DOL Overtime Regulations Now in Effect
As reported in News & Views, the Department of Labor’s final rule altering overtime regulations under the Fair Labor Standards Act went into effect on July 1. The rule includes two-tiered increases to the minimum salary threshold and the threshold for highly compensated employees (HCE) as well as automatic updates to both thresholds The minimum salary threshold was increased to $43,888 on July 1, 2024, and will again be increased to $58,656 on January 1, 2025. This first increase updates the minimum salary threshold using the DOL’s current methodology, which was used in the 2019 Trumpera overtime rulemaking to set the current standard. The second increase will implement the DOL’s new preferred methodology, which sets the minimum salary threshold to the 35th percentile of weekly earnings of full-time salaried workers in the lowest wage Census region. The HCE threshold has been raised to $132,964, and will be raised again to $151,164 on January 1, 2025. The first threshold is based on the current methodology, while the second threshold is set to the 85th percentile for full time salaried workers nationally. The final rule also implements automatic updates to both the minimum salary threshold and the HCE threshold, both of which will be increased every 3 years. The Big “I” created a document (attached) to help educate associations and agency owners about the new requirements
ProtectYourClients’ HomesThisHurricane Season
This article highlights June as National Homeownership Month and emphasizes hurricane preparedness for homeowners.
FEMA&NATIONAL FLOODINSURANCE PROGRAM
JUNE2024
June is national homeownership month, a time to celebrate those who have accomplished the American dream of owning a property. As humans, we take pride in our homes and protecting them is only natural. Insurance agents like you know of numerous things people must protect their homes from, and this time of year one stands above the others hurricanes.
Each year starting in June and ending in November is the Atlantic hurricane season, and along America’s eastern shore people have begun to prepare. All too clear in America’s collective mind are images that remind us of the tremendous power of these catastrophes. From Ian, to Harvey, Ida and Maria, NOAA estimates that nine of America’s ten costliest storms all took place in just the past twenty years. What has resulted from these storms is a hardened memory, a warning that all Americans should heed hurricane season and prepare in advance.
Preparation and understanding risk then become key, and insurance agents like you are the front line in maintaining enduring communities. A few important things you can discuss with your clients this hurricane season include:
Eliminating coverage gaps. Your clients may mistakenly believe their homeowners insurance covers flood damage. Clearing up that confusion can be the difference between a costly out-of-pocket recovery and a smooth and easy one.
HURRICANESEASON
Continued from page 19
Stay ahead of the storms Reaching out early and often can help ensure that your clients’ coverage goes into effect before the height of storm season, considering the 30-day waiting period
Help them consider flood loss avoidance Remind your clients that when flooding is imminent, their NFIP policies may mean they’re eligible for up to $1,000 to purchase supplies such as tarps, sandbags, water pumps, plastic sheeting and lumber they can use to help protect their homes against flooding
While you can’t stop storms from forming, just talking to your clients about their risk helps spread awareness that can help them make the best choices for protecting their homes
Stay up to date with the latest information and resources this hurricane season by following the NFIP on LinkedIn, or by registering for email updates.
OwningIt:Meet10Young AgentsBuildingaFutureinthe IndependentAgencyChannel
This article features 10 young agents driving the future of insurance, with a special spotlight on Maggie Landry, the IIABL Young Agents Chairman Elect, and her impactful role.
ANNEMARIE MCPHERSONSPEARS
NEWSEDITOR IIABA
Nineteen years old, with an associate degree in art and uncertainty over her career, Kristi Sizemore moved back to her hometown of Holgate, Ohio. Her parents told her about a local insurance agency Frost Insurance that was hiring a customer service representative (CSR).
“So, I was like, 'Why not?'" Sizemore, now owner and agent at Frost Insurance, recalls. “I was already familiar with insurance because, when I was getting my art degree, I worked at Nationwide Insurance during the day and UPS at night. I'm not sure how I juggled all that, but it did prepare me for being a mom and owning a business."
Sizemore started her career at the agency answering phones before becoming a licensed CSR. But when she hit her mid-twenties, she realized she wanted more out of the insurance industry.
“I went to my boss and said, 'I could see myself in this industry long-term what can I do to be successful?' He transitioned me to the role of agent," Sizemore says. When she was offered an ownership position at Frost Insurance, which she part-owns alongside four others, “it was surprising and exciting to me since I came from a background of art," she says.
By becoming an agency owner, Sizemore joined a small club of women in leadership in insurance agencies. Only 26% of insurance agency owners or principals are women, according to Liberty Mutual and Safeco's 2024 Agent for the Future research a decrease from 31% in 2022.
YOUNGAGENTS
Sizemore's biggest piece of advice to other young women seeking leadership positions is to embrace authenticity. “Even though there are stereotypes within the insurance industry, I have never changed who I am or how I've conducted myself," she says. “That is true for everyone we recently hired a young male agent, and the advice I gave him is, 'You need to find who you are and what type of salesperson you're going to be because I don't want you to mimic anyone. That's not who you are and people are going to be able to tell.'"
She encourages women already in leadership to advocate for others, emphasizing the importance of mentorship and community. “Men can be roadblocks to including women in insurance I've witnessed it, I've experienced it but women can hold other women back too," she says. “We need to stand together and elevate each other. If we do that, I think we'd see a lot more women in insurance leadership positions."
Maggie Landry
Director of Personal Lines
Perkins-McKenzie Insurance
Baton Rouge, Louisiana
Age: 35
Go-to drink order: Pepsi
Favorite candy: A Snickers egg
No. 1 item on bucket list: Go to every single Disne
What do you love about insurance?
You have knowledge about something that everyo understand. You're able to explain things. You prot ever-changing. There's always something new to le me.
Mentorship as chair-elect of the state young agent committee?
I am very excited about stepping into a mentorship role with the Independent Insurance Agents & Brokers of Louisiana Young Agents Committee (IIABL YAC). We have a lot of new people on our committee, and a lot of them are young women. We just had our IIABL board meeting, and two of the gentlemen who are on the state board have daughters coming into their agencies. They both asked about someone mentoring them, and I volunteered. I'm looking forward to meeting with them.
Biggest market challenges?
In Louisiana, it's hard to get the message out to consumers that agents are not the ones increasing their premiums by 50%. We're the people talking to customers, getting the phone calls. But we need our legislators to listen to us. We need our government to not be run by trial lawyers. A lot of it is consumer education because tensions and emotions are high. The Big “I" has been super helpful with the Hard Market Toolkit that provides resources to educate the public about what's going on, and IIABL has done such a great job of giving us tools to keep customers informed.
"We'renotrunningaway frombrickandmortar"
CEO on why physical growth still makes sense
GIASNAPE NEWSEDITOR INSURANCEBUSINESS
First-generation Portuguese and Spanish-speaking communities remain one of the most underserved insurance groups nationwide.
One independent agency is on a mission to remove the barriers hindering these customers from accessing coverage, leveraging both technology and a growing physical presence to do so.
“Culture and language barriers are the two pain points for the industry today,” said Tiago Prado (pictured), CEO and co-founder of BRZ Insurance Agency.
The New England-based startup is growing from its six locations thanks to funding from private lender InsurBanc. It leverages partnerships in Brazil and Puerto Rico to offer its artificial intelligence-powered proprietary technology.
The independent agency targets bilingual speakers. Its website features Portuguese, Spanish, and English and focuses on financial literacy and education.
Despite its tech-forward business model, Prado revealed that the agency is looking to use InsurBanc’s funding to grow its physical footprint.
“We’re not running away from the brick-and-mortar model. We’re thinking of franchising in 2025,” Prado told Insurance Business. BRZ Insurance is currently generating over $1 million in new premiums a month with around 80 employees and contract workers.
BRICKMORTAR
Continued from page 26
“Through our technology and servicing centers, we can become the largest bilingual (insurance) franchise distribution,” Prado said.
‘Insurance
is still a local thing’
To better reach its target demographic, BRZ Insurance is embracing the traditional brick-and-mortar agency growth model
“Insurance is still a geographical and local thing,” said Prado “Foreign-born first- and second-generation citizens will still want a physical location; that’s not going to go away That means our business model will still have a long runway, longer than the rest of the market ”
Ultimately, BRZ Insurance is concerned about “helping the small business owner who owns the local bakery or pizza shop, or the small contractor get coverage in his native language ”
Communicating in the format that the consumer chooses – whether through Viber, WhatsApp, or Facebook Messenger – is also core to BRZ’s strategy.
“Instead of telling my client to download my app or to fax or email me, we’re using omni-channels, AI tools and our proprietary two-way CRM system to deliver this experience,” Prado said.
Leveraging technology to improve the insurance client experience
Aside from opening new locations in the US Northeast, BRZ Insurance is building a bilingual insurance educational platform to train new producers – the first of its kind, according to Prado
To scale its business, the agency is also developing its customer relationship management system based on its own workflow and client life journey.
“There’s no such thing as ‘one size fits all’ when it comes to CRM,” said Prado. “We’re building on top of what exists, and it’s the same thing with the omnichannel for external communication. We have integrated our CRM so that it’s unique and tailored to our needs. We have over 20 developers in-house focused on our client experience.”
BRICKMORTAR
Balancing tech investments with a physical footprint
How is BRZ Insurance juggling both technology investments and physical growth? Prado admitted that the combined focus makes profitability more challenging.
“Yes, it does take a toll on short-term profitability, but we’re not in the game for the short term,” the CEO said.
“Our business is modeled around client experience. A better client experience increases your lifetime value (LTV). Unlike other agencies, we serve seven days a week through our omnichannel.
“Our aim is to actually start servicing them 24 hours a day, seven days a week, in their native language. So, we can have lower margins at a higher LTV. It is worthwhile because the compound annualized growth rate is much higher.”
Despite its ambitions, BRZ Insurance is feeling the hard market conditions like many agencies. However, Prado is confident of slow and steady progression.
“2024 is still a challenging year for us in terms of the industry,” he said. “For this fiscal year, we reduced our growth target. Our strategic goal for the fiscal year 2024 is to increase the maturity level of our team while growing sustainably, and in 2025, we will scale up again when the market has normalized.”
ADVERTISER INDEX
Commercial
CRC
UPCOMINGEVENTS
IIABL 2023-2024
BOARD OF DIRECTORS & OFFICERS
CHAIRMAN, ARMOND K. SCHWING
CHAIRMAN-ELECT, BRET HUGHES
SECRETARY-TREASURER, ROSS HENRY
NATIONAL DIRECTOR, JOHNNY BECKMANN, III
PAST CHAIRMAN, MICHAEL SCRIBER
YOUNG AGENT REP, KRISTIN SWANSON SCOTT
Schwing Insurance Agency, Inc - New Iberia
Hughes Insurance Services, Inc - Gonzales
Henry Insurance Service, Inc. - Baton Rouge
Assured Partners - Metairie
Scriber Insurance - Ruston
Swanson & Associates - New Orleans
ANN BODKIN-SMITH
MATTHEW DEBLANC
CHRISTY DESOTO
DOMINIQUE DICARLO CROUCH
ROB W. EPPERS
MATT GRAHAM
CHRISTOPHER S. HAIK
STUART HARRIS
BEAU HEAROD
CHARLES H. LEBLANC
CRAIG MARTEL
LYDIA MCMORRIS
A. EUGENE MONTGOMERY, III
JOE KING MONTGOMERY
HARTWIG "ROBBY" MOSS, IV
ROBERT LOUIS PALMER, JR.
RANDY PERISE
ROBERT STONE
Thomson Smith & Leach Insurance Group - Lafayette
Continental Insurance Services - Marrero
1st Insurance of Marksville - Marksville
Riverlands Insurance Agency - LaPlace
Risk Services of Louisiana - Alexandria
Lincoln Agency - Ruston
Higginbotham Insurance - Lafayette
McClure, Bomar & Harris, LLC - Shreveport
Jeff Davis Insurance - Jennings
Bourg Insurance Agency, Inc - Donaldsonville
Insurance Unlimited of LA, LLC - Lake Charles
Alliant Insurance Services - Baton Rouge
Community Financial Insurance Center, LLC - Monroe
McGriff Insurance Services - Monroe
Hartwig Moss Insurance - New Orleans
Insurance Underwriters, Ltd - Metairie
Blumberg and Associates - Ponchatoula
Stone Insurance, Inc. - Metairie