Kentucky IA - Jan/Feb 2015

January/February 2015

Meet your 2015 Chair, Michelle Love Page 16

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Inside

What's

Page 6

Contents

11 Leading from the Front Line

16 Meet Michelle 20 2014-2015 Board of Directors 22 House & Senate Committees on Banking & Insurance

Page 11

27 Some Thoughts on the Value of Discussion in E&O Seminars

In Every Issue

Page 16 The Kentucky IA is the official magazine of the Independent Insurance Agents of Kentucky, and is published bi-monthly.

Editorial offices are located at 13265 O’Bannon Station Way, Louisville, Kentucky 40223.

Telephone:(502) 245-5432 Email: iiak@iiak.org Fax: (502) 245-5750 The Kentucky IA welcomes all advertising and editorial submissions. Inquiries for advertising, news releases and editorial contributions can be directed to Nikki Petrowski at the editorial office address or via email at npetrowski@iiak.org

4 From the Chair

25 DOI News - NEW

6 E&O

31 Advertiser Index

8 Education Calendar

31 Classified Ads

9 Benefits Spotlight: ABEN

31 Social Media Links

21 New Members

31 There’s an APP for that

Mission Statement The mission of the Independent Insurance Agents of Kentucky is to be the preeminent advocate for Kentucky Independent Agents and support their businesses and professional development needs.

www.iiak.org | January/February 2015 | 3

Chair

Officers

From the

Michelle L. Love

Chair, Owensboro 270.926.2806 David M. Houk

Chair-Elect, Horse Cave 270.286.2724

As I begin 2015 as Chair of our association, I would be remiss if I didn’t reflect back on the leaders that have influenced me in my career and personal life. Some would be very vocal and some would be silent. Some would lead by example while others would lead by advice. No matter who has come before me in my position as your Chair or in my career or personal life, I’ve been influenced by all of them. Every leader has an impact in shaping us for the roles we will fill in our futures. I’ve been blessed to have had strong leadership to guide me along this journey within IIAK and all aspects of my daily life.

Chip Atkins Vice Chair, Louisville 502.585.3600 James D. England, AAI

Treasurer, Pikeville 606.437.7361 Stephen R. Kinkade, CPCU, AAI

National Director, Leitchf ield 270.259.5465 John Funkhouser, CIC, CWCA

Immediate Past Chair, Danville 859.236.5922

Directors Allen J. Crawford, CIC, CSRM

Somerset, 606.679.6311 Sharon B. Hill

Jamestown, 270.343.3144 Michael G. Johnson, CIC

Lexington, 859.233.1461 Aaron LaRue

Bardstown, 502.348.0050 Skip McGaw, CIC

Madisonville, 270.821.3122 Adam T. Murphy, CIC, CISR, CPIA

Cadiz, 270.522.9964 Crystal Reid, CIC

Paducah, 270.442.3533 Ray A. Robertson, CIC

Mt. Sterling, 859.498.3410

Staff Peggy P. Porter

President & CEO Crystal Brown

Administrative Assistant Katie M. Freshley

Education & Events Director Nikki S. Petrowski

Communications Director Tara T. Purvis

Marketing Director Kristie Weyer, CISR

Insurance Services Manager

Leadership has been described as “a process of social influence in which a person can enlist the aid and support of others in the accomplishment of a common task”. I now turn to the leaders of our member agencies and company partners and ask you to stand up and lead your staff in this new year. Whether by example or by words; encourage and support their involvement in all things within our association. Support your association and your leadership team. Let us all work together towards the common goal of strengthening our industry and let us each excel during this year.

Speaking of leaders, your Executive Committee, along with Peggy Porter and Adam Murphy (YAC Chair), attended the Southern Agents Conference (SAC) in Atlanta last month. SAC membership includes agencies which are members of the Independent Insurance Agents and Brokers of America (IIABA) in Alabama, Arkansas, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and West Virginia. We come together each year to meet and discuss issues we all face. The small-group roundtable meetings allow the sharing of ideas and solutions to bring back to our respective states to help strengthen our associations and the benefits and services we provide to our members. This is one of the most beneficial meetings your leadership team can attend.

I would like to encourage you to attend our annual Legislative Day in Frankfort on February 11th. The purpose of this meeting is to come together as a united industry to bring awareness and understanding of issues facing agents to our legislators, our state leaders. We are also there to thank them for the support they have provided our industry over the past year. And we are very fortunate that Representative Jeff Greer is continuing in his leadership role as the Chair of the House Banking and Insurance Committee. There is no charge for this event, but we ask you to please go ahead and register so we will have an accurate count for breakfast.

We also encourage you and/or your staff to register for our Certified Risk Manager (CRM) Program on February 25-28 in Louisville. You can work toward the CRM designation or fulfill your CIC update by attending this class. Bookmark our website www.iiak.org and visit often to keep up-to-date with the benefits and educational opportunities we offer to our members.

I look forward to serving you this year and the exciting opportunities IIAK has in store for you, our valued members. Thank you for the privilege to serve, alongside our leadership team, as your Chair, and I look forward to seeing you in Frankfort or around the state over this next year.

Sincerely,

4 | www.iiak.org | January/February 2015

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E&O

Issues Testing the Ethics and Compliance of Agencies By: Chris Burand As a college ethics professor may say, if a person has to learn ethics, it’s probably too late. But ethics classes are valuable in providing new philosophies and actual mathematical models for measuring the price of ethics. There are issues such as handling certificates and protecting personal information that have caused agencies to measure the cost of ethics and complying with the law without a formal model in place.

though, can still be a foreboding task. Consider taking the following small steps that will help you get started:

One of the most prevalent issues the industry has seen publicly over the years is in the area of certificates of insurance. Many agents and producers have made the conscious decision to provide certificates that are not correct or misrepresent coverage provisions. They decided that the risk of getting caught is far too little relative to the reward for making the sale. Perhaps, though, they are not considering the entire cost. For example, all errors and omissions policies exclude coverage for intentional acts where the party knowingly violates the law. Modifying the certificate also violates ACORD’s copyright agreements, and it is a form filed and approved by the insurance departments in many states. Implementation of state laws requiring the issuance of certificates that misrepresent coverage have changed this from an ethical question in days past to one of breaking the law today.

• Lock the paper. It is easy to keep files locked, although it is surprising how many agencies lack locking file cabinets or have lost the keys to their filing cabinets. To those who profess life will never be as agreeable because they now have to lock their filing cabinets, times have changed. People do steal agencies’ files.

• Protect passwords. Not leaving passwords lying around or plastered on computer monitors is another good example of an easy solution. It may seem farfetched, but more than one agency and small business has reported an innocuous looking person walk in professing the need to examine someone’s computer to help the system run faster, only to have the customer service representative politely turn over a computer and passwords without question.

• Internal encryption. Using internally encrypted emails is another good example of relatively easy compliance. It gets tougher trying to comply with the laws when sending encrypted email externally because some carriers and customer systems may not be set up appropriately to accommodate encryption.

Another issue testing the ethics of agencies has to do with privacy laws. Many people know the basics of these laws, yet many lack understanding of the complex details. Most agencies are not intentionally being unethical, just potentially operating illegally.

Agents complying with just implementing the basic data protection will gain tremendous protection from first and third party liability from breach of customer data. Completely implementing the basics,

Knowing insurance statutes is one thing, but making the decision to take the risk of non-compliance is another. The reasons for not complying are troubling with vociferous responses of, “We can’t survive if we comply with that law.” This response means these agents intend to operate illegally without even considering the options. Ignoring the issues and refusing to adapt is not the solution.

Ultimately, such actions are going to injure the industry. In addition, denying that anything is wrong and denying the

6 | www.iiak.org | January/February 2015

E&O

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need to change just might be unethical.

When consulting with agencies on their operations, I have been told that I am too direct when I bring ethical and legal issues to people’s attention. In other words, I should use more tact in telling people they are violating the law. Can you imagine the police arresting a fraud suspect stating, “Now, don’t get me wrong, I know times are tough. I have a lot of empathy with you for knowingly committing fraud.

I hope this helps you become a better person by my bringing the fraud you’ve committed to your personal attention.” Violating certificate or privacy laws, whether knowingly or unknowingly, is a serious issue and should be treated as such.

Ethics come from the leaders of the agency, and bending laws to pad the income statement in the short-term builds a culture that openly protects people who knowingly violate laws and ethics.

It may not seem like it but the decisions of some agencies ultimately affect many because the playing field can become lopsided.

If non-compliance to certificates and privacy laws is a reality in your shop, ask yourself why. If you understand the rules but are not playing by them, are you comfortable with the ethics behind that decision? Sometimes agency owners are so adverse

to change that they unknowingly take on additional regulatory risk. It can be good to gain perspective from someone outside the agency to help address ethical and compliance issues because it is the fortunes and representation of agency owners that will ultimately suffer.

Chris Burand is the founder and owner of Burand & Associates LLC based in Pueblo, Colo.

Want to save on your E&O? Contact Kristie Weyer at kweyer@iiak.org or call 502-245-5432 www.iiak.org | January/February 2015 | 7

Education Calendar CRM: Analysis of Risk Louisville • February 25-28, 2015 E&O Louisville • April 9 & October 8

on - site classes!

____________________________________________________________________________________ ABEN Webcasts (http://iiak.aben.tv/) Annuity Basics and Where They Fit

Estate Planning Basics February 18 @ 2 pm EST March 11 @ 2 pm EDT

February 18 @ 12 pm EST March 11 @ 12 pm EDT

Certificates of Insurance February 18 @ 10 am EST March 11 @ 10 am EDT

February 19 @ 2 pm EST

Commercial Lines Claims That Cause Problems

How Insurance Agents Can Become Invincible to Lawsuits and Save Thousands in Taxes February 10 @ 10 am EST March 10 @ 10 am EDT

February 10 @ 10 am EST

Commercial Property Endorsements That Can Make You Money!

March 18 @ 10 am EDT

Data Privacy Insurance February 3 @ 1 pm EST March 4 @ 10 am EDT

Make the Wholesaler you BFF! February 17 @ 10 am EST March 17 @ 10 am EDT

National Flood Insurance Program: Basic Course with 2013 Updates February 18 @ 10 am EST March 18 @ 10 am EDT

Directors and Officers Liability Insurance February 4 @ 2 pm EST March 5 @ 2 pm EDT

Home Based Business Exposures

The New Health Age: The Future of Health Care in America February 24 @ 10 am EST March 24 @ 10 am EDT

Professional Ethics in the Insurance Industry February 5 @ 2 pm EST March 6 @ 2 pm EST

For questions on any of these courses or IIAK’s education program, contact Katie Freshley at kfreshley@iiak.org or call 502-245-5432

8 | www.iiak.org | January/February 2015

Benefits Spotlight

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With ABEN’s platform, you’ll be able to see the presentation via live streaming video, follow along with the presenter’s powerpoint, submit questions, take notes, and get full access to written materials.

ABEN’s webcasts are managed by BPN, the leader in on-line continuing education association based environments. Additionally, ABEN’s helpdesk is standing by 24/7 to assist you, should you encounter any difficulty with the technology.

With ABEN courses you get the benefit of best information out there, with the convenience of internet technology, and the full educational experience you can only get, though ABEN’s unique platform. That is the ABEN Difference!

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www.iiak.org | January/February 2015 | 9

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10 | www.iiak.org | January/February 2015

Leading from the Front Line

When I speak with agency customer service staff receptionists, CSRs, and bookkeepers about leadership, the response is generally rolling eyes and a shaking head indicating, “If I were in charge, things would be different.”

News flash for those waiting for the perfect leader to follow: Don’t wait, become a leader yourself.

I’m not suggesting you mutiny or overthrow the person in charge. Leadership is not found in position; it’s found in action and influence. Great leaders inspire the best in us. They are role models for appropriate behavior, are open to the ideas of others, and relate to others with passion and compassion. Constructive leaders can be relied upon to keep their word, explain their thinking process, and step up when needed.

By: Emily Huling

Nowhere in those qualities does it say a leader must have a title of owner, manager, or supervisor.

Too many employees abdicate their position of influence and knowledge because they aren’t the boss. What a waste of talent, personal potential and the ability to make a difference!

Here are several ways to become a leader in your organization, without a change of position or title.

Have a leader’s attitude.

John Maxwell, an author of more than thirty books on leadership, said, “Leadership has less to do with position than it has with disposition.” Take a quick measure of your temperament and personality.

How do your colleagues view you? Are you approachable? Do you maintain a balance of professionalism and personal interest? Having www.iiak.org | January/February 2015 | 11

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a personal interest in someone without getting involved can be a challenge for many front-line people.

Personal connection is not friendship; it’s having a listening ear with emotional support. There’s a line not to be crossed to assure that personal caring and professional character remain appropriate and separate. I’ve witnessed employees who are friends with a coworker struggle with how to deal with a conflicting business situation.

Leading from the front line attitude is exhibiting professionalism and maturity no matter what life unfolds.

Have a leader’s persona.

Picture a person you view as confident, knowledgeable, and expert in his or her profession.

Consider body language, verbal language and conversational skills, personal grooming, and personal work environment. Make a list of ten things you admire that represent leadership qualities. Here are ten qualities that I believe represent professionalism and influence in a work environment. Correct posture both walking and sitting; well-fitting clothes; neatly groomed hair and nails; smiles and makes eye contact when speaking 12 | www.iiak.org | January/February 2015

with others; never gossips or spreads tales; respects others’ work space and privacy; practices proper eating manners and table etiquette; extends a hand for a proper handshake; silences her cell phone for all meetings; and encourages others to contribute thoughts and is open to other ideas.

What qualities do you demonstrate that tell others you mean business? What attributes can you work on to enhance your front-line leadership position?

Keep emotions in check.

For some front-line associates, controlling emotional response requires constant monitoring. Emotions not appropriate for the workplace include crying, pouting, anger, distrust and fear. Any of these will cripple productive work and create a dysfunctional work environment. Coworkers distance themselves from those they find emotionally unpredictable.

Why say good morning to someone when the response could be unpleasant? Why ask a question if the reply implies distrust?

There are two parties involved to keep heightened emotions under control: you and the other person.

No matter who initiates what’s perceived as inappropriate emotional behavior, it’s up to you to recognize and manage the situation.

Here are five steps to diffuse emotionally charged circumstances.

1. Recognize and understand the emotional charge.

Is your coworker angry or just excited?

Are you dealing with anxiety or is it fullfledged panic?

2. What’s the source of the feelings?

Are you recalling a similar past situation that caused the emotion and not today’s reality?

Could your coworker’s reaction be a result of something having nothing to do with the situation at hand?

3. Unhook from the source.

Take a deep breath, acknowledge the emotion, and deal with it directly. Say to yourself “I will not get plugged into a snippy tone of voice, rushed coworker, feelings of doubt about my job, etc.”

If you need to remove yourself from the situation until the emotions clear, do so.

4. Acknowledge aloud what you are feeling or what you sense from your coworker.

Do this in a non-confrontational way.

For example, “I’m sorry I’m so angry about this. It’s not directed at you.

This situation happened last week and it was a lot of extra work.” Or if you’re the recipient of the emotional charge, say to your coworker, “I feel frustrated because this happens all the time.” Do not say, “You do this all the time.” I-messages explain where you’re coming from and avoids unproductive, accusatory language.

5. Use business tools and strategies that will help avoid emotionally charged encounters.

For example, handling large commercial renewals can be a stressful challenge for your team.

Make the process smooth and predictable by implementing and adhering to a renewal workflow with scheduled meetings, accountabilities and timelines.

Strong emotions result from any number of personal factors. The office is not the place to deal with the psychology of the issues. Leading from the front-line is knowing how to divorce yourself from the emotional charge to get work done to meet agency, department, and individual goals.

Self-manage.

Quite simply, don’t wait to be told what to do.

Managing yourself is the highest level of leading from the front line. Keep your own work accurate and current.

Come to meetings, one-on-one or group, on time, prepared, and eager to participate. At group meetings, sit close to the person in charge to make a statement about your intent and interest. Don’t just be punctual, be early to get that good seat.

Know that work and priorities often change. Be open and flexible to adapt. Anticipate problems and speak up if it will help avoid them. Offer solutions that identify the problem, provide background and perspective, research possible solutions and the affects, and make a suggestion to resolve.

Be willing to do what others don’t see or won’t do. A commercial lines CSR in a small agency stepped up to solve a problem of organizing, filing and retrieving insurance company information.

Information arrived in the agency to various people through paper, e-mail, marketing reps, and conversations with the company personnel. There was not a central place to retain, and even more important, retrieve the information. The agency did not have an Intranet and it had been on a to-do list for a long time. The CSR produced a plan to assign companies to different people, created shared electronic folders, established filing and scanning procedures, and so on to solve the company information headache. Within a week, the program was up and running to the delight of all. www.iiak.org | January/February 2015 | 13

Leaders are needed at every level of an organization. Stepping up to further contribute to the success of your employer not only brings personal satisfaction, it raises the bar for others to

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Learn more at www.iiak.org or 502-245-5432 www.iiak.org | January/February 2015 | 15

It is a great honor to be named Chair, for both the person and the agency they represent. For an agency to have one in their ranks is excellent.

But three is a rarity. Michelle L. Love is now the third leader to come from E.M. Ford & Company in Owensboro - and only the second woman in the association’s history to hold this position. But while Michelle is proud to be named among these exceptional peers, she definitely has some plans that are all her own.

Recently, I had the pleasure of sitting down with our new Chair to discuss everything from our mutual love of Crimson Tide football to her insights and goals for 2015.

Tell me a little about your background and how you got into insurance.

My husband, Chris and I just celebrated our 20th wedding anniversary last June - during Sales and Leadership Conference actually, ha! We have two awesome children: Jesse, who is a junior in high school, and Daniel, who is in 7th grade.

I have a Bachelor’s in Accounting from Brescia University, but I didn’t want to become a CPA, so I started working at a tax department in a mortgage company. Then, by chance, a friend of my mother-in-law needed someone to do the books and some commercial lines at Gardner Insurance, and I’ve been in the industry ever since.

I actually just celebrated 20 years in the industry back in September of 2014 and 12 years at E.M. Ford in October. It’s crazy to think that I’ve been doing this for 20 years but it’s also nice to be working for a business that supports me as a mom and a spouse.

Tell me a little about your agency

2015 marks our 90th year. We’re in our 4th generation of owners and we have about 30 employees between here and our Henderson location. We’re departmentalized, and a lot of other agencies aren’t. For example, I only do commercial. We feel that we can better serve our customers if we focus on our specialty and not try to write their other lines which leads us to often times refer business between departments.

16 | www.iiak.org | January/February 2015

What do you like best about being here?

While E.M. Ford is a bigger agency, we’re still a small business and it still feels like family. I love my job. We get along really great here and work together as a team and I’m very fortunate to be able to have the freedom and flexibility that this industry affords me – and as a result I’m happier and my work is better. I’m in a really good place.

I have some bigger accounts and they look to me as essentially their risk manager. I have a lot of friendships within my accounts – a lot of them after they became my client. We know what’s going on in each other’s lives and that’s a good feeling.

We just came out of the Christmas season and I’m famous for my Amaretto cake. I probably made 45-50 cakes for my accounts and delivered them myself. Sure, I could call a local company and have them make a basket and deliver it all over town. But I choose to give a personal gift because I love to cook and it’s another contact or touch with my clients that’s not asking for a renewal check.

What has been the reaction to you being Chair?

Even being asked to be on the board was a huge deal for me. Steve Ford is a past President and has been so supportive and Rayburn as well.

My first step after being asked to be on the board was to go into Steve’s office and he said that they would support me 100% and we’ll pick up whatever you need here. But then he said that my next call needed to be to my husband because it was a huge time commitment. And of course Chris said you have to. It meant so much to me to know Steve, and the office, was so supportive because he knew exactly the time commitment involved.

This whole experience of being on the board and going through the chairs, I’ve grown so much personally as a result and the relationships that I’ve made are so valuable. I have so many people to call and look to for guidance. I wouldn’t’ trade it for anything. Of course you’re out of the office and your sales could suffer, but in the end it’s an experience that I’m thankful to have.

I know that you like to be involved in your community, what are you doing these days?

Volunteerism is near and dear to my heart because my father taught me the importance of giving back to the community. Even when I was a teenager during the summers I would answer phones at the Red Cross worked with the girls at Girls Incorporated. Not only do I get to give back, I have also been able to meet tons of people.

Some of my dearest friends are the ladies that I served with in Junior League.

While I’ve been involved in many programs over the years, my main focus right now is the International Bluegrass Music Museum where my husband, Chris, is a board member and treasurer.

We have our annual event, ROMP (River Of Music Party), and it has grown and even won International Bluegrass Event of the Year in 2012.

Chris has chaired the event for the past 4 years and I actually attribute a lot of the growth to him

E.M. Ford Facts • • • • •

Established in 1925 by Senator E.M. Ford Celebrating 90th anniversary in 2015 Now in 4th generation of owners Two locations: Owensboro & Henderson The 100 plus ft tall Sassafras tree in front of their historic building is more than 300 years old and considered the oldest living landmark in Kentucky. www.iiak.org | January/February 2015 | 17

and his vision for incorporating more Americana and “New Grass” groups in addition to traditional bluegrass. He’s actually at a meeting regarding the lineup right now. We get a lineup that is unmatched - especially for a small festival. But now, its not so small! Artists are now even requesting to play ROMP. While its hard work to put together, its definitely something that Chris and I are passionate about - and the kids love it as well. It’s family oriented and the music is out of this world good – what else could you ask for?

So you obviously love being in insurance. How do you feel about being an independent agent?

I think that is important. I feel like if I’m an independent insurance agent, I’m doing the best job for my clients. I’m giving them the best of all the companies we represent. I’m looking out for their interests. It’s the best scenario and best fit for my clients. Captive agents have their place, but I think being an independent agent makes me a better agent because I always have to stay on top of what carrier would be best for any situation and stay in tune and cultivate those relationships with our carrier partners.

And even though I’m not a principal, I think we always have a sense of ownership and don’t funnel to any one company to meet their numbers, goals or win a trip or anything like that. We like giving our clients choices.

So what are some of the issues you see independent agents facing?

I think the biggest struggle for the agent force is we’re running out of people to be in the industry in Kentucky. We’re getting hit pretty hard with retirements and we’re not feeding the pipeline 18 | www.iiak.org | January/February 2015

as quickly as people are leaving. But that’s a struggle that we’re going to have for some time. I don’t think the younger generation has the same mentality that prior generations had of committing to one company and working their way up the ladder. I think in particular with insurance, its not a real glamorous job. You don’t wake up as a kid, and say “I think I’m going to be an insurance agent today,” unless your family is in the business.

How would you say being involved with IIAK has most affected your career?

There are so many things like the access to various markets if you can’t find a market for something. The education, now that we’re partnering with the National Alliance for CRM. It’s nice to have designations offered. I’m even working on my CRM. The networking that’s involved at events. As a non-owner, I’m in a different situation than most. But at events, the company reps get to know me and be able to understand that I’m their first line in underwriting and I’m not going to send them a junk account.

Plus, it helps with connections for the future. I was never involved with Young Agents, and that is something I wish I could change. Getting your name out there helps you get the ear of someone who can bring changes to benefit you and your fellow agents. I have seen first hand what can happen if you can have your voice heard by the right person.

If someone asked you why their agency should join IIAK, what would you say?

Our office utilizes the E&O and group health insurance offered by our association. And IIAK is there for us. We support IIAK and they’re our voice in Frankfort for legislation. We can go to them for various issues that come up with running an agency. If it’s a personnel matter even, there

are resources for an agency owner to look to. Quality educational opportunities and different ways to gain CE, through ABEN, in class and the CRM designation.

What about those who are members but aren’t that involved?

They should be involved because they’re paying for it and they need to help formulate the future and help guide us into what we can be doing. Stepping up as an agent is very important. Come to events. If there’s a call for legislative action to do something – DO IT. Reach out to a board member or Katie Freshley about getting involved with Young Agents. The relationships that you build and make there are so important. I wish I had started earlier and become more involved rather than waiting until when I did.

What do you hope to see our association accomplish this year?

I hope we are able to offer some unique education and professional development opportunities whether for producers or staff of agencies. I think it’s important for our member agency principals to have the buy-in and send their employees to get their own professional development.

I would like to see some way to bring in new blood into the industry, whether by internship, INVEST or partnering with colleges to help educate the incoming workforce about the opportunities of the insurance industry – whether company or agency side.

And most importantly I want to emphasize to the association that it’s not about me; its about WE. We need to work together to make our industry the best it can be.

Nikki Petrowski is the Communications Director at Independent Insurance Agents of Kentucky. Contact her via email at npetrowski@iiak.org

www.iiak.org | January/February 2015 | 19

Meet Your 2014-2015 Board of Directors Each year the Kentucky IA produces a profile of IIAK’s current Board of Directors, along with some facts about how the Board works. This serves as a great resource for IIAK members to become familiar with the leadership of the association and offers an exchange of information and communication between board members and members.

• The Board usually meets four times a year.

Included in one of those meetings is strategic planning, which produces the association’s strategic plan for that year. Another board meeting is commonly held in the Chair’s home town. This meeting includes some social functions of which during this time, guests and spouses are invited to attend and participate. In cases where an urgent matter needs to be discussed, the Chair will call for a special meeting.

Executive Committee

Michelle L. Love

David M. Houk

Chair E.M. Ford & Company Owensboro

Chair-Elect Houk Insurance Agency, Inc. Horse Cave

George L. “Chip” Atkins, III

John Funkhouser, CIC

mlove@emford.com

davidmhouk@gmail.com

• The Kentucky Young Agents Committee is represented on the Board by its Chair, who is also a voting member.

• When there is a new agency or associate member applicant, votes are taken from the entire Board of Directors to determine membership of that agency or company/vendor. There is a majority vote rule for that potential member to gain membership into the association.

• Any association agency member in good standing may serve on the Board of Directors. There is always an attempt to get representatives from all regions of Kentucky and from varying size agencies.

R.H. Clarkson Insurance Agency, LLC Louisville catkins@rhcgroup.com

Immediate Past Chair Johnson-Pohlmann Insurance Danville

jfunkhouser@johnsonpohlmann.com

• The Chair serves a one-year term and the directors, who are appointed by the Chair, serve a three-year term unless that individual is going through the chairs or serving an unexpired portion of a term. The positions of Treasurer and National Director are elected by the Board of Directors, while the positions of Chair, Chair-Elect and Vice Chair are elected by the membership.

James D. England, AAI Treasurer Peoples Insurance Agency Pikeville

20 | www.iiak.org | January/February 2015

james.england@pebo.com

Stephen R. Kinkade, CPCU, AAI

National Director Kinkade-Cornell Insurance Agency, Inc. Leitchfield steve@kinkadecornell.com

Directors at Large

Allen J. Crawford, CIC

Reed Brothers Insurance Services Somerset acrawford@mikrotec.com

Sharon B. Hill

McKinney & Blair Inc. Jamestown mc-blair@duo-county.com

Barret H. “Skip” McGaw II, CIC Adam T. Murphy, CISR, CPIA, CIC Riddle Insurance Madisonville smcgaw@riddleins.com

Lake Barkley Insurance Agency Cadiz amurphy@lbinsurance.net

Michael G. Johnson, CIC

Aaron LaRue

Al Torstrick Insurance Agency, Inc. Lexington mjohnson@altorstrick.com

Larue Insurance, Inc. Bardstown aaron@larueinsurance.net

Crystal Reid, CIC

Ray A. Robertson, CIC

Western Rivers Insurance Paducah creid@westernrivers.com

Limestone Agency, Inc. Mt. Sterling ray.robertson@limestoneagency.com

IIAK would like to welcome our newest members: Agency Member Jackson Purchase Insurance - Mayfield Partners Insurance Agency - Marion

Associate Member Iroquois Midwest, Inc

For information regarding IIAK membership, contact: Tara Purvis, Marketing Director • 502-245-5432 • tpurvis@iiak.org www.iiak.org | January/February 2015 | 21

2015 House & Senate Committees on This year, the Kentucky General Assemblyâ&#x20AC;&#x2122;s 2015 session began on January 6th. Legislators met the first week in January to elect their new leaders and appoint new committees. They recessed until February 3rd and are expected to adjourn on March 24th. The legislative session is expected to last 30 working days, which is the maximum allowed by the state constitution in odd-numbered years.

Part of the legislative session includes the veto recess which is the period of time in which lawmakers return to their home districts to await possible vetoes of legislation by the Governor. That time will be

from March 10th to 20th. Lawmakers return to the Capitol on March 23rd and 24th for the final two days of the session to consider overriding any gubernatorial vetoes.

Below meet the members of the House Banking and Insurance Committee and the Senate Banking and Insurance Committee. These are the committees that consider legislation that directly affects the insurance industry. Your IIAK lobbying team is in place to watch out for issues that will impact you as insurance agents. If you have any questions, please contact IIAK President & CEO Peggy Porter at 502245-5432 or pporter@iiak.org.

House Committee

CHAIR Rep. Jeff Greer

VICE CHAIR Rep. Will Coursey

VICE CHAIR Rep. Ron Crimm

VICE CHAIR Rep. Mike Denham

VICE CHAIR Rep. David Osborne

VICE CHAIR Rep. Steve Riggs

VICE CHAIR Rep. Bart Rowland

VICE CHAIR Rep. Kevin Sinnette

Rep. Johnny Bell

Rep. Josephy M. Fischer

Rep. Chris Harris

Rep. Dennis Horlander

Rep. Dennis Keene

D - Brandenburg

D - Louisville

Rep. Jim Gooch, Jr. D - Providence

D - Symsonia

R - Tompkinsville

Rep. Mike Harmon R - Danville

22 | www.iiak.org | January/February 2015

R - Louisville

D - Maysville

D - Glasgow

R - Prospect

R - Ft. Thomas

D - Ashland

D - Forest Hills

D - Louisville

D - Wilder

Banking and Insurance House Committee

Rep. Thomas Kerr

Rep. Adam Koenig

Rep. David Meade R - Stanford

Rep. Michael Meredith

Rep. Russ Meyer

R - Erlanger

Rep. Brad Montell

Rep. Sannie Overly

Rep. Ruth Ann Palumbo D - Lexington

Rep. Ryan Quarles

Rep. Jody Richards

D - Paris

Rep. Jonathan Shell

Rep. Fitz Steele

Rep. Wilson Stone

Rep. Tommy Thompson

Rep. John Tilley

R - Taylor Mill

R - Shelbyville

R - Lancaster

D - Hazard

D - Scottsville

R - Brownsville

R - Georgetown

D - Owensboro

D - Nicholasville

D - Bowling Green

D - Hopkinsville

Agents in the Legislature The following legislators are licensed as insurance agents in the state of Kentucky.

Rep. Ken Upchurch R - Monticello

Rep. Ron Crimm, R - Louisville Rep. Jim Gooch, D - Providence Rep. Jeff Greer, D - Brandenberg Rep. Russ Meyer, D - Nicholasville Rep. Rick Rand, D - Bedford Rep. Steve Riggs, D - Louisville Rep. Bart Rowland, R - Tompkinsville

www.iiak.org | January/February 2015 | 23

Senate Committee

CHAIR Sen. Tom Buford R - Nicholasville

VICE CHAIR Sen. Jared Carpenter

Sen. Dennis Parrett D - Elizabethtown

Sen. Julie Raque Adams

R - Berea

R - Louisville

Sen. Dorsey Ridley D - Henderson

24 | www.iiak.org | January/February 2015

Sen. Chris Girdler R - Somerset

Sen. Albert Robinson R - London

Sen. Christian McDaniel R - Taylor Mill

Sen. John Schickel R - Union

Sen. Morgan McGarvey D - Louisville

Sen. Dan “Malano” Seum R - Fairdale

DOI News

From the Commissioner We at the Department of Insurance wish all of you a successful and happy 2015.

As our industry continues to face challenges, we appreciate the key role you play in helping consumers navigate these increasingly confusing times.

The 2015 General Assembly is now in session and we look forward to seeing many of you in the halls of the Annex or in committee meetings.

As always, we are monitoring a number of bills. I wanted to mention three in particular that we are tracking with interest.

One is a bill that has been introduced by Rep. James Kay in the House (House Bill 99) and Sen. Tom Buford in the Senate (Senate Bill 31) concerning a tiered formulary for prescription drugs under a health benefit plan.

The legislation would limit a consumer’s out-of-pocket expenditures for any single drug to $100 per month or $200 per month in the aggregate for all drugs taken by the insured. The bill offers an exception to allow a non-preferred drug to be covered as a preferred drug if the prescribing physician has determined that the preferred drug is not as effective, could have adverse effects, or both. In addition, no health benefit plan can place all drugs of the same class in the highest-cost tier.

House Bill 117, sponsored by Rep. Steve Riggs, would enact two National Association of Insurance Commissioners (NAIC) model law requirements.

One amends KRS 304.3-400 to clarify that a risk

By: Sharon P. Clark

retention group (RRG) is subject to the section’s requirements and the other amendment adopts confidentiality language in the Model Holding Company Act. The clarification is a simple housekeeping change to the definition of “authorized insurer” in the producercontrolled statutes. Kentucky has four RRGs operating in the Commonwealth but none has producercontrolled business so this change does not affect these entities.

The other section of the model law concerns confidentiality language. In 2012, Kentucky opted to rely on existing language in KRS 304.37-050 to address confidentiality issues. However, this statute does not include protection from discovery, admission as evidence or testimony in a private civil action, nor any protocol for permitted information sharing. House Bill 117 would expand that section accordingly.

In order to access vital information in the national database (including filing information), states must sign a confidentiality agreement. States that have not adopted the NAIC model language will not be given access to this information unless all other states agree. Ensuring the solvency of a company is a vital consumer protection and House Bill 117 would allow regulators to access that data.

Senate Bill 68, also sponsored by Sen. Buford, defines terms relating to valuation for life insurance, accident and health insurance, Fraternal Benefit Society insurance, and deposit-type insurance policies, and establishes valuation standards and reserve requirements for insurers.

Like all of you, we will be watching other bills related to the industry as the session moves forward. Please feel free to contact the Department if you have questions, comments or if we can assist you. Thank you for your efforts on behalf of the citizens of Kentucky. I appreciate your hard work and dedication.

www.iiak.org | January/February 2015 | 25

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Some Thoughts on the Value of Discussions in E&O Seminars By: Rick Pitts “So, an insurance agent walks into a bar” Just about every time I do a Swiss Re / Westport Errors and Omissions Seminar, that line seems to get used – by me! Of course, I have to tell seminar participants that the line is not the beginning of a joke.

It’s actually part of the class that’s designed to be a challenge to the way we think about professional responsibilities and how they connect to legal liabilities.

It’s also an entry point into some of the reasons why I enjoy so much the chance to do E&O seminars in Kentucky and other states.

IIAK has wonderful technology, gracious hospitality, terrific coffee and a spacious classroom. Even with all that, no one wants to hear a sermon on all the E&O sins their agency may be committing. They definitely don’t want to hear one from me that lasts six hours, no matter what the premium credits are! So, as an instructor, my goal is to lighten the mood and to turn a one-way discourse into a two- or three- or four-way conversation. It always works.

Producers in general, and Kentucky producers in particular, have been exceptionally accommodating in that regard. It usually doesn’t take too long after the introductions before we get into “why is that?” and “what about?” and “Have you ever dealt with?”

(I promise to answer and always welcome all easy

questions. Hard or complicated questions are postponed for Peggy to answer.)

Sure, it makes my job easier and definitely makes the day fly by.

It has a serious and important component to it, too. Usually a legal concept in one of the slides triggers the discussion or question.

When the question comes up from the attendees, we know our discussion is going to put a theoretical legal principle to the test in a practical, workday environment.

The happiest moment of all for me, though, is when I stand back and the attendees share approaches, thoughts and their agency practices directly with one another. That’s why I say that producers have been exceptionally accommodating. My experience has been that agents and agencies who can be tremendous competitors with one another in the marketplace are almost universally the most collegial consultants with one another in the classroom.

When it comes to best practices or practical solutions to daily problems, I have found students at E&O seminars are willing to share experiences, tips and approaches. United by their customer commitment, their service orientation, and by their desire to avoid or lessen E&O risks, students are often willing to say to one another, “When we deal with that, we try to” or “Our solution to that problem was.”

And here’s maybe the best part of all: the most productive discussions we have aren’t about how an E&O loss was litigated (though goodness knows there are plenty of stories www.iiak.org | January/February 2015 | 27

about that). Instead, the most productive discussions we have are about how E&O losses were prevented.

The emphasis is on risk management to put a stop to claims before they start. How do we systematically understand, process and document our relationship and transactions with our customers and our carriers so that we’re so “whistle clean” that we’re kept out of claims and lawsuits?

This is where the shared information approach is at its best and its most difficult, too. You can imagine a conversation that starts with, “Because of this problem, we felt like we had to institute a system of.” It seems to get followed with questions such as: “But wasn’t that expensive? Did you program that in? Do you have one staff person who’s responsible for administering it?”

COMMITMENT A PROMISE WE DON’T TAKE LIGHTLY “I enjoy helping our agents write business.

When they need to turn to the E&S marketplace for their clients, I love to prove that J.M. Wilson is a great option for those hard to place opportunities.”

James Reincke, AIS, AU Brokerage Manager

When I hear questions like this, I know we’re going to have a productive but tough discussion. “Productive” because even though it won’t lead to black-and-white, yes-or-no answers, it will still give guidance. “Tough” because it involves hard decisions about costs and benefits to a business procedure or to an agency policy or approach.

All of this does not mean a pure business orientation to the class. There’s plenty of legal complexity to the E&O seminar. There are some extended discussions about theories of legal liability as well as the triggers, most likely claimants, and the costs connected to E&O lawsuits. There are also discussions about document retention and file destruction policies, as well as how to use checklists and sign-offs, and what to do about data security.

So, why did the insurance agent walk into the bar?

Well, it was a little bit of windshield prospecting and an “under new management” sign that sent our intrepid agent in there.

You’ll understand if I say we’ll discuss the rest in class.

Richard S. Pitts is Vice-President and General Counsel to Arlington/ Roe & Co., Inc., an insurance brokerage and managing general agent headquartered in Indianapolis.

28 | www.iiak.org | January/February 2015

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www.iiak.org | January/February 2015 | 29

Become an IIAK Industry Partner Becoming an IIAK Industry Partner guarantees you high-profile, year-long exposure to members of the Independent Insurance Agents of Kentucky. The Industry Partner program gives company and allied businesses the opportunity to demonstrate their commitment of support to independent agents and receive maximum market exposure. As an IIAK Industry Partner, you will also realize the benefits of IIAK membership to help you succeed in the insurance industry.

Since its inception, our Industry Partner Program has been a win-win situation for both IIAK and its Partners. Our Industry Partners appreciate this “one-stop” approach to supporting IIAK and its members. From IIAK’s point-of-view, it saves time and resources formerly spent soliciting event sponsors.

To become an Industry Partner, contact Tara Purvis at 502-245-5432 or email tpurvis@iiak.org.

Join us for these great events in 2015!

February 11 Legislative Day Frankfort February 25-28 CRM: Analysis of Risk Louisville June 17-18 Big “I” Sales & Leadership Conference Owensboro October (date TBD) Young Agents Day at Keeneland Lexington November 11-13 119th Annual Covention & Trade Show Louisville 30 | www.iiak.org | January/February 2015

Thank you 2014 Industry Partners Premier Liberty Mutual Safeco Seneca Platinum Arlington/Roe & Co. Encompass Gold Bolton & Company Grange Insurance KEMI Progressive Risk Placement Services Silver Acuity Amerisafe Kentucky National Insurance Company Keystone Insurers Group State Auto Insurance Company Silver Anthem Blue Cross & Blue Shield Auto-Owners Insurance Company Bailey Special Risk, Inc. BITCO Insurance Companies Countryway Insurance Company Kentucky Agents Finance Company KESA KY Associated General Contractors Prime Insurance Company Secura Insurance Summit Swiss Re Corporate Solutions Travelers Westfield Insurance Sterling InsurBanc Motorists Insurance Group

Classifieds Acquisitions

Established Louisville agency interested in acquiring insurance agencies in Jefferson and surrounding counties. If you are interested in selling, merging, or need assistance with perpetuation, we would like to talk with you in confidence. Call R. Alex Rankin, CPCU or Steve B. Thompson, CPCU, at Sterling G. Thompson, Co. at 502-585-3277

Looking for Producers

DO YOU FOLLOW IIAK ON

SOCIAL MEDIA

NO? THEN YOU ’ RE MISSING OUT ON IMPORTANT NEWS &

EVENTS!

Find all our links at our homepage: www.iiak.org Or, use your smartphone to scan the QR codes below:

Independent with top best markets looking to expand presence in Jefferson, Oldham or Shelby counties. Wanting Personal lines, Producer or book of business to move or purchase. All arrangements possible, in strict confidence. Please send inquiries to Turner Insurance Agency, 2460 Shelbyville Road, Shelbyville, KY 40065 or call Kurt Turner, CPCU at 502-633-6060.

IIAK

Young Agents

Commercial Property/ Casualty Producer/Partner

Louisville Insurance LLC has producer opportunities with flexible compensation plans while offering ownership in book of business produced. Confidentiality provided to all interested parties. Contact Glenn Pike at 502-473-5454 or glenn@louisvilleins.com.

Producer Wanted

Excellent opportunity for right person.

Commissions over 50% to producer. Ownership from day one. Excellent markets and support.

Contact Frank, Mutual Underwriters at 502-550-6791 (in strict confidence).

Ad Index Arlington/Roe & Company Bolton & Company FCCI Guard Insurance J.M. Wilson KESA Secura State Auto Summit Consulting Swiss Re Professional Liability West Bend Mutual Insurance

10 OBC 14 7 28 IFC 26 24 12 5 29

For classified ads or to advertise in the Kentucky IA, contact: Nikki Petrowski, Communications Director, 502-245-5432 • npetrowski@iiak.org

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