POLICY SPRING 2018
Oklahoma’s Magazine
THE BRIDGE LESS TRAVELED:
CHANGING HOW STAFF FEELS ABOUT CHANGE Inside Is Your Agency at Risk for a Website Accessibility Lawsuit? A New Plan to Tackle the Uninsured Motorist Issue
It doesn’t take much Seoul-searching to find the American spirit. We think it’s alive and well right here in Oklahoma. For over 70 years, we’ve been rooting for America by providing quality insurance products to a wide variety of businesses all across the country. Just like Team USA, we’re strong and we’re skilled. Just like you, we’re deeply committed to the ideals that define the American spirit.
®
MID-CONTINENT GROUP 800-722-4994 mcg-ins.com
1437 South Boulder, Suite 200 / Tulsa, OK 74119. Best wishes and good luck to Team USA at the 2018 Winter Olympics in Seoul, South Korea. Mid-Continent is a member of Great American Insurance Group, Cincinnati OH
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24
COVER
COLUMNS
26 THE BRIDGE LESS TRAVELED: CHANGING HOW STAFF FEELS ABOUT CHANGE
4 IIABA'S AMAZING SELECTION OF SERVICES Joe Strunk, Chairman
SPRING 2018 | VOL. 52, NO. 12 EDITORIAL STAFF PUBLISHER Denise Johnson, CIC
MANAGING EDITOR Jerri Culpepper GRAPHIC DESIGNER Brandy Akbaran PRODUCTION EDITOR Laura Wolf
PROFESSIONAL STAFF
PRESIDENT/CHIEF EXECUTIVE OFFICER Denise Johnson, CIC CHIEF FINANCIAL OFFICER Malinda Day SPECIALTY LINES PROGRAM ACCOUNT MANAGER Cindy Munden, CISR E&O PROGRAM ACCOUNT MANAGER Cheryl Lyman WORKERS’ COMP PROGRAM ACCOUNT MANAGERS Susan Starr Niki Wigington COMMUNICATIONS COORDINATOR Laura Wolf EDUCATION COORDINATOR Ashley Henderson
Select graphics courtesy of Depositphotos.com
FEATURES 19 YOUNG AGENT SPOTLIGHT 24 IS YOUR AGENCY AT RISK FOR A WEBSITE ACCESSIBILITY LAWSUIT? 32 NEWSMAKERS 33 IN BRIEF
POLICY is the official publication of the Independent Insurance Agents of Oklahoma. POLICY is published quarterly and distributed to all member agencies and other interested parties in Oklahoma. Manuscripts and contributions are welcome and will be considered for publication at the discretion of the IIAO Publications Committee. Correspondence and advertising inquiries may be addressed to IIAO, P.O. Box 13490, Oklahoma City, OK 73113. Ph: (405) 840-4426 or 1-800-324-4426
Visit iiaok.com
SPRING 2018
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7 SO MANY CHANGES AND SO MUCH GOING ON! Denise Johnson, CIC 12 AN OUNCE OF PREVENTION Tom Cooper 15 2018 SHAPING UP TO BE ANOTHER EVENT-FILLED YEAR Vaughn Graham Jr., CIC 17 DON'T FORGET — IIABA DELIVERS Gerald Keeton 22 A NEW PLAN TO TACKLE THE UNINSURED MOTORIST ISSUE John Doak
POLICY 3
IIABA’S AMAZING SELECTION OF SERVICES PLEASE READ THIS! Please spend less than 120 seconds of your time to read the following. I promise you the information will pay for your time.
Joe L. Strunk
CHAIRMAN
I
recently attended our IIABA Winter meeting in Palm Springs. Basically, it is a time for the IIABA to get some business done and update the members on what’s being done at a national level. It was great seeing our own Vaughn Graham lead the meeting. Mr. Graham and Denise Johnson are very well respected nationally. We are lucky to have them representing us. And let’s not forget to thank Gerald Keeton, our state director; he works tirelessly on our behalf as our voice.
I will mention just a few and allow you to figure out the rest on your own. But first, you need to be able to log into the IIABA website, www.independentagent.com. From here, you can access all kinds of great stuff. If you don’t have a login, it is easily obtained, so don’t let that deter you.
Cybersecurity Policy Template – If you haven’t noticed, Cyber threats are growing more rapidly than tweets from Donald Trump. You should definitely have a Cybersecurity policy in place in your agency. No reason to “It is no surprise I am a huge advocate hire or pay experts: IIABA gives you for being a member of the IIAO. I have the template. If you still are struggling addressed the benefits several times a bit, have your IT people review it. while I have served on this board. But Either way, the IIABA probably saved now, as I have attended a few national you more money than the cost of your meetings, I am amazed at the products/ membership.
services the IIABA provide for us.”
It is no surprise I am a huge advocate for being a member of the IIAO. I have addressed the benefits several times while I have served on this board. But now, as I have attended a few national meetings, I am amazed at the products/services the IIABA provide for us.
4 POLICY
401K – Did you know the IIABA offers a 401K plan for its members? The IIABA plan is part of a Multiple Employer Plan (MEP), which means your fees are lower and your investments portfolio is larger. This is a great benefit for your agency. Trusted Choice – Let’s not forget about Trusted Choice. The IIABA is
SPRING 2018
Old Glory
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making some real advancements in Trusted Choice lead generation using technology. If you haven’t signed up to start receiving leads, you might want to reconsider. On top of that, Trusted Choice is doing some great advertising with CNBC’s Billion Dollar Buyer. Lastly, if you spend money trying to come up with marketing content to share with your clients, then Trusted Choice will save you time and money with the marketing content they have available for your use. Virtual University – This has been around for a long time, but it is just as relevant and useful today as it was years ago. If you and your staff aren’t using it, then you are missing out on a free service that will help you be a better agent to your clients.
Quick Response Competitive Commission Competitive Pricing Direct Bill
11/15/2017 3:38:31 PM
Download the Independent Insurance Agents of Oklahoma
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and receive IMPORTANT NEWS & EVENTS via push notifications!
IIABA offers many more products/services, but my hand started to cramp while I was taking notes during the presentation. If I were you, I would introduce www.independentagent.com to your team and start reaping the rewards. n
SPRING 2018
POLICY 5
Your Partner for Workers’ Compensation
www.compsourcemutual.com agentfeedback@compsourcemutual.com (405) 232-7663
SO MANY CHANGES AND SO MUCH GOING ON!
I
’ve been traveling lately to various conferences and meetings. Sometimes it can be overwhelming to hear so many new ideas; however, I always walk away feeling very proud of what we’re doing right now in Oklahoma. I was recently visiting with an IIAO member about our E&O product and the question came up: “Why should I buy from the Association?” I told her the answer is multi-faceted… 1. We have a variety of E&O products that best fit the need of your agency. Westport has the most outstanding coverage in the professional liability realm. 2. Don’t forget that we are also an Independent Agent – if Westport doesn’t fit, we have more than one market for your E&O and can find the coverage that best fits your need. 3. We rely on E&O revenue to provide other products and services for YOU, our member: a. Education b. Conferences c. Trusted Choice promotions d. Legislation on behalf of our industry Speaking of legislation, Oklahoma is currently in session and still working on many issues. We provide the voice of YOU and our industry. We are always looking for ways to make things better for you, the agent, and those to whom you provide your services.
SPRING 2018
Denise Johnson, CIC
PRESIDENT/CHIEF EXECUTIVE OFFICER
IIAO has an outstanding Board of Directors that is currently being led by Joe Strunk. We restructured our board three years ago in order to have representatives more engaged in the affairs of the Association and the business that we attend to. Our board members step up in a strong and mighty way to make decisions in this ever-changing world in which we live. At the direction
“Our board members step up in a strong and mighty way to make decisions in this ever-changing world in which we live.” of the board, we have task forces in place to assist our outstanding staff in our areas of need. Should you like to be a part of Education, Events, Membership or Legislation, please contact me and we’ll get you involved. As always, YOU, our members, are our No. 1 concern, and we are always looking for ways to provide ways to meet your business, education and political needs. Should you have suggestions, always feel free to contact me at denise.johnson@iiaok.com. n
POLICY 7
Special thanks to our
2018 PaRtneRS DiamonD Deluxe
IIAO
Platinum
GolD
Central Insurance Companies CNA Insurance Liberty Mutual Insurance Mercury Insurance Group Columbia Insurance Group MJ Kelly Company
One General Agency Progressive Safeco Taber Brokerage LLC
SilVeR
National American Insurance Company The Hanover Insurance Group
BRonZe Acton AF Group Amerisafe Amtrust Financial / Republic Group BITCO Insurance Companies Chubb Group of Insurance Companies
EMC Insurance Companies Equity Insurance Company Farmers Alliance Mutual Insurance Co. ICW Group Patriot National Underwriters / Old Glory Insurance Company Patriot Underwriters, Inc.
Philadelphia Insurance Companies Risk Placement Services The Hartford Westphalen Insurance Services Inc. Stonetrust Commercial Insurance Company
OkPAC CONTRIBUTORS OkPAC is IIAO’s political action committee. It provides financial support for state elected officials who will provide support for or have shown support of issues affecting the insurance industry and to those who share our business philosophies. Only individuals or partnerships can make contributions to OkPAC. Under Oklahoma law, OkPAC can accept no contributions from corporations.
Fred Barker Wes Becknell Stewart Berrong Kent Bradford Bob Bramlett Travis Brown Jeff Burton Paul T. Caraway Kent Casteel Michael Cole
2017
Hal Curry David Eaton Phil Eitzen Patricia Gillespie Vaughn Graham, Jr Raymond Hale III John Hester Latisha Hornbeck Denise Johnson Gerald Keeton
Austin Landes Guy Landes Deborah M. Lawyer Thad Leonard Larry Neal Kathy Reeser T.J. Riley Gary Rosenhamer Michael Ross Daniel L. Somers
Mike Somers Adriane Stachmus Janna K. Story Joe L. Strunk Richard Teubner Ryan Teubner Chris Webb Kevin Wellfare Edward Young Young Agents Fundraiser Contributors as of 12/31/2017
2018 Kyle D. Reser
Stephen M. Poleman
T.J. Riley Contributors as of 2/9/2018
InsurPac CONTRIBUTORS InsurPac is IIABA’s political action committee. It pools the voluntary and individual financial contributions of thousands of independent insurance agents to help elect candidates to Congress who share IIABA’s business philosophies. InsurPac is the largest property-casualty insurance industry PAC in the country.
Kristi Abdo Sabrina Alkire Cyd Allen Edith Amaya James Beavers Wes Becknell Stewart Berrong Kent Bradford Nanette Bramlett Michael Cole Eric Callaham Paul Thomas Caraway William Evans
Heather Flowers Candace Graham Tim Hamilton John Harper Cheryl Heisten Rene Hernandez Sallie Hill Tony Holmes Clayton Howell Stefanie James Kasey Jones Gerald Keeton Michael Loftis
Vaughn Graham Gerald Keeton
2017
Mark Long Jessica Lovinggood Heidi Nease Ryan Manry Melissa Manus Kelly McLemore Jon Moon Garrett Moore Jaime Moore Derrick Morgan Sean Murphy Chris Paine Thomas Perrault
2018
Nancy Pugh Kyle Reser
Steve Poleman Barbara Rader Lyra Robers Gary Rosenhamer Jane Seals Scott Selman Michael Sourie Joe Strunk Michael Swenton Ryan Teubner Kevin Wellfare Contributors as of 12/31/2017
Jane Seals Joe Strunk Contributors as of 2/9/2018
Is your name not on the list? Use the contributor’s statement on the back of this page to donate.
SPRING 2018
POLICY 9
Insure Your Future! InsurPac
OkPac
Independent Insurance Agents & Brokers of America c/o IIAO, PO Box 13490, OKC, OK 73113 P: 202/863-7000, F: 405/840-4450 InsurPac@iiaba.net
Independent Insurance Agents of Oklahoma IIAO, PO Box 13490, OKC, OK 73113 P: 405/840-4426; F: 405/840-4450 info@iiaok.com
_____________________________________________________________________________________________________________________
OkPac Contribution Yes, I want to INSURE MY FUTURE with a Personal Contribution to OkPac! (Check contribution below.)
$5000 Millennium $250 Pioneer
$2500 Platinum $150 Founders
$1000 Centennial $100 Young Agent
$500 Gold Other $_______
InsurPac Contribution Yes, I want to INSURE MY FUTURE with a Personal Contribution to InsurPac! (Check contribution below.)
$5000 Millennium $250 Pioneer
$2500 Platinum $150 Founders
$1000 Centennial $100 Young Agent
$500 Gold Other $_______
_____________________________________________________________________________________________________________________
Contributor Information Name ____________________________________________________
Occupation ______________________
Agency _____________________________________________________________________________________ Address ____________________________________________________________________________________ City _________________________________________
State _____________ ZIP ______________________
Phone_________________________________ Email ______________________________________________ Declaration: The contribution listed above was freely and voluntarily given by me from my personal property. I have not, directly or indirectly, been compensated or reimbursed for the contribution listed above. Signature ______________________________________________________________
Date ______________
_____________________________________________________________________________________________________________________
Payment Information
(All contributions must be made by PERSONAL check or PERSONAL credit card.)
Personal Check – Separate personal checks made payable to InsurPac and OkPac. $____________ to InsurPac
$____________ to OkPac
Personal Credit Card – One-time personal credit card contribution. $____________ to InsurPac Credit card information:
$____________ to OkPac MasterCard
Visa
American Express
Credit Card Number ________________________________________________ Expiration Date ____________ Name as it appears on card _____________________________________________________________________ Contributions or gifts to InsurPac and OkPac are not deductible as charitable contributions for purposes of federal income tax. Federal and State law require us to use our best efforts to collect and report the name, mailing address, occupation and name of employer for each individual. Your contribution should be considered strictly voluntary. Any corporate contributions are prohibited.
10 POLICY
Contribute online at https://insurpac.formstack.com/forms/insurpac
SUMMER 2015
IIAO LEADERSHIP CHAIRMAN Joe L. Strunk, CIC, CAPI Alexander & Strunk Inc., Oklahoma City
CHAIRMAN-ELECT Chris S. Floyd, CRM, CIC Brown & Brown Insurance Professionals, Pryor
TREASURER Jeff Burton, CIC, CPCU, CRM INSURICA, Oklahoma City
SECRETARY Christopher K. Mosley, CIC Mosley Agency Inc., Chickasha
STATE DIRECTOR Gerald W. Keeton Cole, Paine & Carlin, Oklahoma City
IMMEDIATE PAST CHAIRMAN Thad Leonard Rich & Cartmill Inc., Tulsa
DIRECTOR Stewart L. Berrong, CIC, CRM Ed Berrong Insurance Agency Inc., Weatherford
DIRECTOR Heidi Nease-Walker, CISR Nease Insurance Agency LLC, Okeene
DIRECTOR Christopher W. Webb, CIC, CRM Rich & Cartmill Inc., Oklahoma City
YAC CHAIRMAN Vaughn Graham Jr., CIC Rich & Cartmill Inc., Tulsa
IIAO MISSION STATEMENT The mission of the Independent Insurance Agents of Oklahoma, working in the public’s best interests, through active member participation, is to be the unrelenting advocate of independent insurance agents and to fulfull the education, political and business needs of its members.
ABOUT IIAO The Independent Insurance Agents of Oklahoma is the largest insurance trade association in Oklahoma. With more than 475 independent insurance agencies, we represent nearly 3,000 independent insurance agents and their employees and more than 100 company members. IIAO member agencies range in size from one person to some of the largest agencies in the region. Founded in 1906 as the Oklahoma Association of Local Fire Insurance Agents, IIAO is a result of the consolidation of the Independent Insurance Agents of Oklahoma, Inc. (IIAO) and the Oklahoma Association of Professional Insurance Agents (OAPIA) on Jan. 1, 1992. IIAO policy is set by a board of directors elected at the annual conference. Policy is implemented by a professional
staff located in Oklahoma City. IIAO’s mission is carried out through a variety of programs designed to enhance the business of independent insurance agencies. IIAO is an active advocate on behalf of independent agents before legislative, regulatory and judicial groups in Oklahoma and at the federal level. IIAO is affiliated at the national level with the Independent Insurance Agents and Brokers of America with offices in Alexandria, Virginia, and Washington, D.C. IIAO is an excellent source of information through POLICY magazine, published quarterly, and the Oklahoma Agent, a monthly newsletter of time-sensitive material for its members.
AN OUNCE OF PREVENTION
Tom Cooper, Attorney at Law PIGNATO, COOPER, KOLKER & ROBERSON, P.C.
A
s many of you know, I try to keep these articles relevant by writing about what I’m seeing the most of at any particular time. Sometimes my producer client and I are faced with trying to explain the marketing and puffing that is put into writing on agencies’ websites (the “let us be your risk managers” or “we know your business better than you” statements). Other times, I’m faced with cases in which the agent failed to document a reduction in scope of coverage (such as a limit that was reduced with the client’s urging in order to save on premiums, the reduction of “bells and whistles” on a commercial policy, the deletion of a piece of equipment on an inland marine policy, and the like). But recently, the much-too-common theme I am seeing relates to pre-lawsuit activities. There are many scenarios, but for purposes of this article I want to focus on the agent’s receipt of a subpoena, as well as the agency’s receipt of a call from a lawyer. Regarding subpoenas, the first thing to remember is the practical issue of cost. If your E & O coverage is with Westport, you have a separate coverage part for subpoena responses, and it is not subject to a deductible. This means that your insurer is solely responsible for the cost of responding to the subpoena, up to $10,000. (And I can tell you from experience that it is extremely rare for
costs to go above that amount.) The reason behind the rule is self-evident: Your insurer has seen the consequences of failing to get an attorney involved in the process and wants to encourage agents to get assistance as early in the process as possible. And, let’s not forget the technical side of it. That is, the receipt of a subpoena may, depending on the circumstances, qualify as a “potential claim” under your E & O policy, meaning that you would need to notify your E & O insurer, anyway. As for the motivation to take subpoenas seriously and notify your insurer so that an attorney can get involved on your behalf? There are countless examples. One involved a case in which a property insurer had been sued by its insured for the alleged bad faith denial of a claim. The insurer issued a subpoena for documents to the agency that sold the policy. The agency received the subpoena but believed the issue to be a routine request with no risk. It therefore did not notify its E & O insurer, and randomly assigned to a CSR the task of gathering documents. The CSR had her own interpretation of the scope of the requested documents and produced only a few pages. Based in part on the information (or lack thereof ) received from the agency, the insurer settled the bad faith claim for a (very) large amount. continued on page 14
12 POLICY
SPRING 2018
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When you know you have the best agency E&O protection, you can focus on growing your most important asset–your business.
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Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas. Westport is a member of the Swiss Re group of companies and is licensed in all 50 states and the District of Columbia. ©2014 Big I Advantage and Swiss Re Corporate Solutions
AN OUNCE OF PREVENTION
continued from page 12
The agency was then sued by the insurer in an attempt to recoup the settlement amount. I was hired to defend the agency. When I reviewed the materials, I learned there were countless other documents in the agency’s file that fell within the scope of the subpoena. The missing documents would have been extremely helpful to the insurer and would have likely prevented the large settlement with the insured. (I have other examples of an agency getting in trouble by producing too much information in response to a subpoena – items that were not even asked for, but which the plaintiff’s lawyer was more than happy to receive and put to use – but you get the point.) Another scenario I’m seeing quite a bit of lately is the “friendly” call from a lawyer for either the insured or the insurer. Typically, there has been a claim denial, and those parties are in litigation or are otherwise gearing up for a fight. It is not uncommon for the insured in that scenario to tell its insurer something the agent allegedly said or did during the procurement process which led the insured to
believe there would be coverage. So, it is only natural for one of the attorneys to pick up the phone to attempt an impromptu interview with the agent. I have had many agents in this scenario (agents who went forward with the interview and ended up being brought into the lawsuit) tell me something to the effect of, “I didn’t want to seem evasive” or “I figured they would think it’s suspicious if I refused to talk and referred the matter to my attorney because I have nothing to hide.” While those may be legitimate knee-jerk reactions, the bottom line is this: Telling the calling party that you have a lawyer does not create suspicion. This is especially true if it’s handled matter-of-factly (i.e., “I appreciate the call, but we refer all calls from lawyers to our own attorney. Here’s the number ....”) It means nothing more than the fact your agency has a protocol in place, and that protocol is to refer all calls from lawyers to your own counsel. Your attorney can then learn more about the issues in the case, learn whether someone is truly looking at you as a target, and prepare accordingly. n
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14 POLICY
SPRING 2018
2018 SHAPING UP TO BE
ANOTHER EVENT-FILLED YEAR
I
t's that time of year again … as all the Young Agents reading this article can relate to no more celebrating the successes of 2017. It's a new year with new goals! I wish all of the young agents good luck Vaughn Graham Jr., CIC in 2018 as they continue to grow as an agent and make YOUNG AGENTS our industry a better place than it was in 2017! COMMITTEE CHAIRMAN The Young Agents of Oklahoma are very excited about what we have to offer this year. As I've mentioned communications coordinator, Laura Wolf, for more in past articles, lunch bunches continue to be a popular details or if you need an application. event. Please keep an eye out for the emails with the Lastly, don't forget about our upcoming Young dates and locations, but I can tell you we'll be hitting Agents Conference/Fall Conference at the newly the road again this year outside of OKC and Tulsa. Get renovated Shangri-La resort at Grand Lake. The ready, Enid, Stillwater, Lawton and Ardmore area young committee is working hard to make this bigger and agents! For others, if we didn't plan one in your area this year, we'd love to see you come to any of the lunches. But, more importantly, let us know you “After popular demand, FILO (Future want us to host a lunch in your part of the state, Insurance Leaders of Oklahoma) is back and my guess is you'll be on the 2019 calendar! in 2018! If you have not already done After popular demand, FILO (Future so in the past, please consider attending Insurance Leaders of Oklahoma) is back in this six-month program (April-October).” 2018! If you have not already done so in the past, please consider attending this sixbetter for young agents. More details will be sent month program (April-October). Agency owners, through email over the coming months about the please consider sending your top young agents. This conference. program consists of a meeting one day per month (six Finally, as a committee, we want to thank all the months total) that focuses on different topics such young agents, more "seasoned" (not old) and company as governmental affairs, sales, leadership, marketing, representatives for supporting Young Agents of underwriting from a company perspective (how to be Oklahoma and our events. As I've said in every article, a better agent in the eyes of an underwriter), a tour our events are only as good as the participation we of the state insurance department, and a community receive. We've had some great participation in the past service project. You won't want to miss this as spots go year. And don't forget, we WANT to hear from you. quickly and are limited to the first 15 applicants. As an If you've got ideas on an event, continuing education alumnus of the program and having been fortunate to class, anything else young agent-related, don't be scared attend a few sessions in years past, I can GUARANTEE to email or call one of us. We'll listen. you every young agent will be a better/more successful Thanks again, and I hope everyone is off to a great agent and thus a bigger asset to their agency after going first quarter of 2018! n through the program. Please contact myself or our new
SPRING 2018
POLICY 15
TOP 100 INSURANCE BROKER ADDS REGIONAL INSURANCE AGENCY
We are pleased to announce Austin Greenhaw and Clayton Howell as Rich & Cartmill, Inc. shareholders effective January 1st, 2018.
RICH & CARTMILL HOWELL STONE Rich & Cartmill Insurance and Bonds is pleased to announce Oklahoma City-based, Howell Stone Insurance Agency, has merged with our organization. The affiliation will combine the strengths of both organizations to allow us to better serve our clients nationwide. With a combined 145-years serving the community, our future is bright. Welcome Howell Stone. We look forward to a long and prosperous tomorrow.
DON'T FORGET – IIABA DELIVERS
R
ecently, as I attended the IIABA Board of Directors meeting, I listened and participated in Gerald Keeton various reports from the committees that direct STATE DIRECTOR the activities and products provided to its members by your national association, IIABA. I believe, for the most make a decision. AgencyNation.com has been created part, these tools are underutilized by we members. Many to educate all of us in the use of the internet to sell our times, we simply don’t know the opportunity exists or products. You can get help with your website and receive just don’t think to use the resources of IIABA when newsletters and information that will be helpful. Look for a need presents itself. This tends to frustrate folks at the TrustedChoice.com ads on CNBC’s “Billion Dollar national a bit, because they are aware of the added value Buyer.” that IIABA can provide to the member agencies. A program that some agencies swear by and some In previous articles, I have described various programs don’t even know exists is Virtual University/Ask an and products. For example, InVEST is an insurance Expert. You can receive answers to both coverage and curriculum provided and paid for by IIABA, available to management questions from volunteer experts from our high schools, your local vo-tech and career techs. What a wonderful opportunity for “A program that some agencies swear a student to receive training that can lead by and some don’t even know exists is to a career in the insurance industry, and Virtual University/Ask an Expert. You can what a great thing for the agency owners receive answers to both coverage and to be able to hire someone who has already management questions from volunteer received insurance training! If you know experts from our industry. This is a great your local high school principal or vo-tech reference resource that only a few utilize.” administrator, mention the program and put them in touch with your state association, and we will follow through. Our Young Agents industry. This is a great reference resource that only a few Committee has been very active in this area. utilize. Don’t forget Big "I" Markets for your marketing TrustedChoice.com continues to grow and provide needs. We all need markets, and this resource can fill the leads for its members. We are all aware that the void for you. internet plays an increasing role in each of our lives and These are but a few of the tools/opportunities for businesses, with the number of transactions being done your use and available to you only because of your online increasing daily. It is said that at least 80 percent membership. Go to www.independentagent.com and of consumers will go online to find answers to their check out all that is available and there for your use. n insurance questions before they actually call anyone or
SPRING 2018
POLICY 17
2018 HEAVY HITTERS PROGRAM
A Commitment to Young Independent Agents Take the Swing!
2018
Together, Your Future is Our Future 2018 Heavy Hitters Program Union Standard is committed to working with young independent agents because their future is our future. Investing in the education and development of the next generation of agency professionals will help move you up the leaderboard. Our Heavy Hitters Program will provide the support necessary to achieve the real goal of a hole-in-one in mutual success. We recognize the need to foster new talent to perpetuate the independent agency system, as well as provide our best young agents an even greater competitive advantage.
Interested in participating in our Heavy Hitters Program? Do you want to own the leaderboard? Contact your Regional Sales Director, Wes Becknell, today. A M
BEST
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YOUNG AGENT SPOTLIGHT presented by
YOUNG AGENT TRAVIS GATEWOOD
FINDS SATISFACTION IN HELPING OTHERS By Jerri Culpepper
A
TRAVIS GATEWOOD, PRODUCER INSURANCE SOLUTIONS BY IRWIN AGENCY
s a child, Norman native Travis Gatewood aspired to become a police officer. His parents, he explains, taught him from an early age the importance of, and self-satisfaction that comes with, helping others, and this was a way to accomplish that while also finding some excitement along the way. (Laughing, he recalls that his “non-serious” career aspiration was to “fly in Top Gun.”) And while he never did don a blue suit and holster, or even aviator glasses (Tom Cruise-style), he has found his way to a career of service to others and a full life as an insurance agent and husband and father of two. Gatewood earned a bachelor of arts in liberal studies degree with an emphasis on administrative leadership in 2009. In August 2015, he assumed his first job in the industry as a personal lines producer at the Insurance Solutions by Irwin Agency, where he was first tasked with fielding new business calls and helping the other account managers. He spent the next several months learning about the industry through his colleagues, other insurance industry contacts and personal experience. He said several producers have helped guide and influence him, among them Erin Lehman at Insurance Solutions. “Her knowledge in the industry and the way that she conducts herself is second to none,” he says. He recently found another rich resource in La’tisha Hornbeck with Union Standard. “About eight months ago,” he said, “I had a small chain of restaurants that had some unique coverage requests. La’tisha went above and beyond with assisting me and helping me understand
some of the coverages. Everyone I’ve worked with there has been extremely helpful and knowledgeable within the insurance field.” Gatewood lists his current focuses as: continuing to learn and expand his personal knowledge of the insurance world, maintaining and growing his book and, looking longer term, getting more involved with the Big I. Gatewood draws upon continuing education opportunities and professional memberships to help him grow professionally. Professionally, he currently services as public relations chair for the Norman Board of Realtors; he was named by the board as Affiliate of the Year in 2017. He also recently was selected by The Norman Transcript and the Norman NEXT selection committee for their prestigious Under 40 Award for 2018 for his “positive impact in the Norman community and in your professional endeavors.” His greatest challenge thus far? “Learning to move on past a lost account,” he admits, adding, “I take it personally, and I need to work on realizing the business side of it, and not let it affect me.” Asked about his greatest success thus far, Gatewood’s answer won’t come as a surprise to anyone who knows this friendly, service-oriented young agent. To him, success isn’t measured by dollars or, indeed, any other tangible measure, but rather by the trust and solid relationships he is able to forge with his clientele. “Though it may seem cliché,” he says, “what’s important to me is building trust with my clients … being the person my client comes to first on a potential claim or question, building relationships with them and their families.” continued on page 20
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POLICY 19
YOUNG AGENT SPOTLIGHT
continued from page 19
And while he may not carry that badge he desired many years ago, Gatewood is generally pleased with the career path he chose. “This career allows you to reap what you sow,” he said. “Working hard pays off; if you are willing to make the effort and persevere through the hard times, it will come back to you.” Outside his profession, Gatewood enjoys spending time with his wife of 10 years, Becca, and their two children, daughter Sydney, who turns 4 in April, and Tanner, 2. An avid duck hunter, he tries to make two or three trips a year to Arkansas to hunt. He also enjoys upland bird hunting and fishing. “I’ll fish anywhere; I still carry a fishing pole and a few lures around on the off chance a pond needs to be fished,” he said. Gatewood also shared a passion for woodworking, primarily projects for the family, such as bookends, wine bottle holders, and tables and benches. He also works on a lathe to construct pens, toys for the kids, wine toppers and, most recently, duck calls. n
Travis with friend and client Damon Duck on a recent hunting trip
Travis with his wife, Becca
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20 POLICY
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THE UNINSURED MOTORIST ISSUE
John Doak
OKLAHOMA INSURANCE COMMISSIONER
O
klahoma has long been known as one of the worst states for uninsured drivers. That could soon change as legislation passed over the last couple of years finally comes to fruition. A 2015 Pew Charitable Trusts survey found that 26 percent of all drivers in the state are uninsured. That’s the highest rate in the nation and a trend that can lead to higher insurance premiums and increase hit-and-run accidents. The Uninsured Vehicle Enforcement Diversion Program, approved by the
“Oklahoma has long been known as one of the worst states for uninsured drivers. That could soon change as legislation passed over the last couple of years finally comes to fruition.” Legislature in 2016, aims to finally end the free ride thousands of Oklahomans are taking every day by driving without insurance. The program, administered by district attorneys, allows law enforcement to use automatic license plate readers to verify insurance coverage for traveling vehicles. Once
22 POLICY
the license plate number is obtained, it will be checked against a central database of auto insurance coverage. But, historically, the database has been unreliable. That’s why I worked with legislators to pass Senate Bill 115 last year. It transfers control and maintenance of the database from the Department of Public Safety to the Oklahoma Insurance Department. The move makes perfect sense since OID has regulatory authority over insurance companies and can ensure compliance. The law also requires tag agents to accept electronic proof of insurance from agents at no cost to the consumer in the event the Oklahoma Compulsory Insurance Verification System does not provide a clear answer on coverage. One of the reasons OCIVS is unreliable is due to the fact that property insurers have two options to submit policy data: they can upload it on a weekly or monthly basis, or they can create a web service that allows OCIVS to tap into the insurer’s realtime data. The first option creates a lag between policy inception and the time the information can be queried by OCIVS users. Just a small portion
SPRING 2018
of the personal auto market in Oklahoma utilizes that outdated model. Once a contract for the new system has been awarded, I will notify all licensed property insurers in the state that they will be required to participate in the program. Bringing this system into the 21st century will go a long way toward solving Oklahoma’s uninsured driver problem. Once the Uninsured Vehicle Enforcement Diversion Program is underway, scanners will be positioned around the state to detect uninsured vehicles. Violators will then receive a fee in the mail. If they pay the fee and get insurance, they can avoid having a charge of driving without insurance on their permanent record and avoid other penalties like a license suspension. Otherwise, the information will be forwarded to the district attorneys for potential prosecution. This issue is one that has been a priority of mine since I took office. Back in 2013 we worked with
lawmakers to pass House Bill 1792. It allows law enforcement to remove the tag from an uninsured vehicle. The law provides temporary liability insurance for the uninsured vehicle for up to 10 working days. The offender must pay for the cost of the temporary insurance, along with other required fees and fines, and purchase insurance to get his or her tag returned. That bill was great in theory, but if the database is unreliable then the success of the initiative will be extremely limited. That’s why we went back to our partners in the Legislature to come up with a solution to the root of the problem: an unreliable database. Details for the new system are still being finalized, but we hope to have everything in place and testing complete by early next year. Once the new system is up and running, we should finally begin to see a drop in Oklahoma’s uninsured drivers. n
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FEATURE
Is Your Agency
AT RISK FOR A WEBSITE ACCESSIBILITY LAWSUIT? BYÂ LAURA PEARCE
T
itle III of the Americans with Disabilities Act requires businesses that are open to the public to ensure that their goods and services are accessible to disabled individuals. But did you know that these compliance requirements include not only the physical locations of these businesses, but possibly websites as well? ADA compliance lawsuits related to website accessibility could likely be the next cash cow for 24 POLICY
legal professionals. A number of district court judges around the country have sided with the plaintiff in website accessibility cases, determining that these websites are subject to the ADA — regardless of whether the goods and services are offered both online and in physical locations. Recently, in the case of Gil v. Winn Dixie Stores Inc., a Florida federal judge issued a trial verdict against Winn Dixie for hosting a website that the blind plaintiff was unable to use. SPRING 2015
FEATURE The Florida Association of Insurance Agents is aware of just one case against an Ohio-based insurance agency for hosting a website that was not in compliance with the ADA, but others likely exist. Because the early case law on this issue is so mixed and there is little guidance as to who must be compliant and what exactly compliance looks like, all businesses may want to consider reviewing their websites and documenting reasonable efforts to make their websites accessible to the disabled. Not sure where to start? The U.S. Department of Health & Human Services offers a website requirements checklist that your agency can use to confirm your website meets all necessary requirements, including but not limited to: • Provide a link to the homepage from every page on the website. • Conduct a 508 assessment to ensure your site is accessible to people using assistive technologies. • Provide a user-friendly message for a 404 error page.
• Use standard colors for visited and unvisited links. • Clearly and consistently distinguish required data entry fields from optional data entry fields when designing forms. • Ensure that you have met all required accessibility policies for new media. • Consult the HHS Research-Based Usability Guidelines when designing your website and consider conducting testing. • Include audio descriptions and captions. • Provide documents in an alternative text-based format, such as HTML or Rich Text Format. In addition, the Winn Dixie case refers to a particular standard — the Web Content Accessibility Guidelines 2.0, now updated as the WCAG 2.1 — for beginning the process of bringing your website into compliance. n Laura Pearce is vice president and general counsel at the Florida Association of Insurance Agents.
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FEATURE
THE BRIDGE LESS TRAVELED:
CHANGING HOW STAFF FEELS ABOUT CHANGE by Tom Baker
I
n the 1950s and ’60s, I loved eating at lunch counters, particularly those in Walgreen drug stores. So many people agreed with me that the lunch counter was Walgreen’s No. 1 profit center. But Charles Walgreen shocked his management team when he announced, “We will be out of the food service business in five years.” His board might have been confused, but Walgreen clearly understood that what got him where he was would not get him where he wanted to be. Walgreen recognized a newcomer positioned to radically change how people eat out: McDonald’s.
Charles Walgreen committed his company to change before change was needed. In place of food service, he saw the market around the corner was pharmaceuticals. Charles Walgreen chose a risky decision; but an even riskier decision would have been doing nothing. He understood change is the bridge that takes us from where we are to where we’ve never been. Unfortunately, it is the bridge less traveled. People really don’t resist change. People resist the unknown. Successful change management leads staff along seven milestones along the journey across the bridge named “Change.”
People really don’t resist change. People resist the unknown. Successful change management leads staff along seven milestones along the journey across the bridge named “Change.” 26 POLICY
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FEATURE the other side that inspires their knowledge, heart and MILESTONE #1 – PURPOSE imagination. If staff resists change, it’s because they lack “If the rate of change on the outside exceeds the rate of change on the inside, then the end is near.” — Jack Welch a clear understanding of what waits for them on the other side. Follow these action steps to achieve the milestone Purpose ultimately sells change to staff. The reason to “Direction.” change is that the timing is right, and change is needed to pursue the agency’s vision. Unfortunately, owners often 1. Paint a mental picture of what it looks like on the introduce change in the following ways. other side. “I found a better way to do business.” 2. Remind staff that what they gain is more valuable than what they will lose. “You are doing great but could do so much more.” 3. Focus on how you plan to get to the other site. “If we are going to grow the agency, then we need to continued next page change what we do.” Staff interprets value words such as “better” as management saying, “You have not done enough.” If change is perceived as a spotlight on their imperfections, staff will push back every time. Once that perception is set in place, it’s extremely difficult to remove. Use the following explanations as you begin your journey across the bridge to explain why change is important and achieve the first milestone: “Purpose.” 1. “The purpose of change is not fixing the past but preparing for the future.” 2. “Everyone does a great job. We are taking this journey across the bridge called ‘Change’ so we can get there before our competition.” 3. “As a leader, one of my most important jobs is seeing around the corner to understand what’s coming next.”
TIME TO TAKE
YOUR AGENCYTO THE NEXT LEVEL
MILESTONE #2 – DIRECTION “Directions are instructions given to explain how. Direction is a vision offered to explain why.” — Simon Sinek Crossing the bridge named “Change” requires leaders with the courage to know where they are going and why. If leaders have no idea where they’re going or how to get there, they aren’t leading. They’re just out for a walk. When Charles Walgreen took that bold step over four decades ago, he didn’t close lunch counters without a plan for how to replace them. Agency owners often point to lack of time as the reason for failing to discover what’s coming next and develop a change management strategy to get there. But staff deserves a vision of
SPRING 2018
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THE BRIDGE LESS TRAVELED
continued from page 27
MILESTONE #3 – CREDIBILITY “Credibility is the foundation of leadership. If people don’t believe in the messenger, they won’t believe the message.” — James Kouzes, “Credibility: How Leaders Gain and Lose It, Why People Demand It”
employees and equipment in a group that included design, fabrication, painting and quality control. It was actually a good idea. But here is how Bob handled this life-altering change. Beginning Friday night and ending late Sunday night, Bob brought in workers who moved every piece of equipment. He reassigned employees to create the cluster. I have worked with hundreds of agency owners in He chose not to communicate with his foreman or any of the past 13 years and discovered staff often distrust the employees. Everyone came back to work on Monday management. Their lack of trust is not belligerent or morning to a completely different and foreign workplace, mean-spirited. Staff’s lack of trust is rooted in three including his foreman and mid-management. Needless to behaviors they perceive from owners: say, this change was not welcomed or accepted. • Owners “stop” and “stop” a lot. Effective change management happens when people • Owners lack have a clear vision and purpose. understand why, what and when change will take place. Since people have different ways, or languages, of • Owners are not willing to be responsible for communication, it is important to communicate in writing, changing first. action, announcements and feedback. According to a 2011 Maritz study, when an Follow these action steps to achieve the milestone organization establishes strong management trust, “Communication.” 50 percent of employees looked forward to coming 1. Put everything in writing. to work every day, and 58 percent said they were very satisfied with their job. On the other hand, organizations 2. Review what is waiting on the other side of the with weak management reported that only 3 percent of bridge at every staff meeting. employees looked forward to coming to work every day, 3. Ask staff to tell you in their own words their and 4 percent said they were completely satisfied with their understanding of where you are going and why. job (Maritz White Paper, January 2011). Follow these action steps to achieve the milestone MILESTONE #5 - TRANSPARENCY “Credibility.” “In the military, they give medals to people who sacrifice 1. Be the first person to change. themselves so that others may gain. In business, they give 2. Be prepared to offer staff a clear reason for change bonuses to people who sacrifice others so that they may as well as explain why you believe change is in the best gain.” — Simon Sinek interest of the staff, agency and customers. By the time the journey is half over, staff begins to 3. Resist the impulse to make changes that could or realize they are approaching the point of no return, the should be made later. point where they weigh the workplace they know against the workplace they believe waits on the other side. They MILESTONE #4 – COMMUNICATION decide if they can rely on the leader to be truly transparent “People don’t resist change. They resist being changed!” in how and where they are leading. — Peter Senge, author of “The Fifth Discipline: The Art and Transparency means creating a place to work that is Practice of the Learning Organization” free from hidden agendas, special interests, surprise turns and emotional blowouts when someone fails. Several years ago, I worked with Bob, the son of the Transparency means that owners and management owner of a medium-size manufacturing company. I met demonstrate their commitment to do what is in the best Bob when I was asked to conduct employee surveys for interest of their staff. the company. Bob is a great guy — who chose to launch Transparency means change begins with you, and significant change with a total lack of communication. you live the change so that everyone in your agency can Bob’s factory followed a basic assembly-line model see it. moving parts through design, fabrication, painting and Transparency means everyone in the agency feels safe finally quality control. His new “cluster” plan reorganized to be open, honest and imperfect. continued on page 30
By the time the journey is half over, staff begins to realize they are approaching the point of no return, the point where they weigh the workplace they know against the workplace they believe waits on the other side. 28 POLICY
SPRING 2018
THE BRIDGE LESS TRAVELED
continued from page 28
Simon Sinek describes this workplace as having a “circle of safety.” According to Sinek, “When people feel safe, they trust and cooperate. When they don’t, they waste time and energy defending themselves from each other.” An amazing example is a story about the CEO of IBM, Thomas John Watson Sr. Watson Sr. was an extraordinary business executive who received the posthumous title of “World’s Greatest Salesman” after his death in 1956. In an extraordinary conversation, Watson commented on a recent costly failure of an employee. His response is inspiring: “Recently, I was asked if I was going to fire an employee who made a mistake that cost the company $600,000. No, I replied, I just spent $600,000 training him. Why would I want somebody to hire his experience?” Staff deserves to feel how much you understand their reluctance to change. Feelings follow knowing. Respect is seeing someone for who they are, not for who you want or need them to be. Follow these action steps to achieve the milestone “Communication.” 1. Be honest about how you feel about change, including your reluctance to change. 2. Use failure as the opportunity to recognize effort and challenge growth. 3. Give staff the freedom to express how they feel about change.
MILESTONE #6 - RECOGNITION “The first and most important thing staff need and deserve is to be praised for who they are rather than for what they do for the agency.” — Tom Baker Recognition is more than complimenting performance. Recognition is recognizing the effort, failures and value an individual brings to the agency. According to a Gallup poll, recognized employees have: • 37 percent less absenteeism and turnover • 21 percent higher productivity • 22 percent higher profitability Researchers at the National Institute for Physiological Sciences in Japan reported, "To the brain, receiving a compliment is as much a social reward as being rewarded money.” Research also shows that simple actions such as telling staff, “You are appreciated” or recognizing an individual as “Employee of the Month” releases the hormone Oxytocin, which creates a feeling of connectedness, belonging and warmth between individuals and coworkers.
Follow these action steps to achieve the milestone “Recognition.” 1. Engage with staff in interpersonal conversations that include rich, honest dialogue. 2. Ask staff their opinions about how to grow your agency and improve on change. 3. Offer a genuine, heartfelt “Thank you” or “Well done.” 4. Recognize achievements and effort in staff meetings.
MILESTONE #7 – CHANGE IS PART OF CHANGE. “If you don’t like change then you’re going to really hate extinction.” — Ross Shafer As staff prepares to step off the bridge, true leaders understand the importance of planning for future change. Roll out change in small, manageable and measurable segments, then let staff know that evaluating change is a part of the process. For example, “We are moving toward a new way of doing business, and it is important to make sure the change is achieving the goals we want. We will plan times along the way to confirm we are on the right track, fine-tune the process and determine if any changes are needed.” Making change a part of the change process increases credibility and eases staff’s fear of the unknown. Follow these action steps to achieve the final milestone, “Change.” 1. Schedule a date on the calendar in 90 days to review changes. 2. Create a Review Board of staff with specific results to measure to evaluate the effectiveness of what has changed. Once across the bridge, the journey is just beginning, and it’s not the last time you will stand on the other side of the bridge. Change truly is the only constant. The more it is practiced, the more beneficial and even fun change can become. n Tom Baker is the CEO of Catalyst Insurance Systems. As an author, speaker and coach, Tom has developed a unique talent management system, Symphony. Symphony empowers agency owners to implement a performance based compensation system that transforms compensation from an expense to an investment.
Roll out change in small, manageable and measurable segments, then let staff know that evaluating change is a part of the process. 30 POLICY
SPRING 2018
INDEPENDENT INSURANCE AGENTS OF OKLAHOMA 2018 EDUCATION CALENDAR For a complete list of courses or to register online, please visit our website at www.iiaok.com/education
March 21-23
August 8
CIC Commercial Multiline (OKC) CE: 17G, 2E, 1LC
CISR Commercial Casualty I (OKC) CE: 5G, 1E, 1LC
March 29
August 9
E&O Risk Management (OKC) CE: 6G
CISR Commercial Casualty II (OKC) CE: 5G, 1E, 1LC
April 18
August 30
CISR Personal Auto (OKC) CE: 5G, 1E, 1LC
E&O Risk Management (Tulsa) CE: 6G
April 19
September 12
CISR Personal Residential (OKC) CE: 5G, 1E, 1LC
CISR Personal Lines Misc.(Tulsa) CE: 5G, 1E, 1LC
April 24
September 13
CompSource Lunch & Learn (OKC) CE: 2G
CISR Commercial Casualty II (Tulsa) CE: 5G, 1E, 1LC
May 16-18
September 19-21
CIC Agency Management (Tulsa) CE: 17G, 2E, 1LC
CIC Commercial Casualty (Tulsa) CE: 17G, 2E, 1LC
June 13
October 17-18
CISR Personal Auto (Tulsa) CE: 5G, 1E, 1LC
Adv. Coverage Seminar (Ruble) (Stillwater) CE: 13G, 2E, 1LC
June 14
November 14-16
CISR Personal Residential (Tulsa) CE: 5G, 1E, 1LC
CIC Life & Health (OKC) CE: 17G, 2E, 1LC
July 18-20
December 5
CIC Commercial Property (OKC) CE: 17G, 2E, 1LC
CISR Commercial Property (OKC) CE: 5G, 1E, 1LC
August 7
December 6
CISR Commercial Casualty I (Lawton) CE: 5G, 1E, 1LC
CISR Agency Operations (OKC) CE: 5G, 1E, 1LC
Continuing Education codes: G = general credit, E = ethics credit, LC = legislative credit. Questions? Contact us by email at education@iiaok.com or call (405) 840-4426. SPRING 2018
POLICY 31
NEWSMAKERS LSR to Launch New CAT Division James Cashion partners with Litchfield Special Risks With James “Jim” Cashion as its vice president, Litchfield Special Risks Inc. recently began handling catastrophe coverage (wind and earthquake) for all territories of Texas, Louisiana and Oklahoma. Cashion brings over 30 years of experience in the insurance industry with a broad background in management and underwriting. He has developed a strong following and unique expertise in a niche market that is a vital part of the industry. He has been an active member of NAPSLO, AAMGA and Texas Surplus Lines Association as well as IIAT, IIA-Oklahoma and IIA-Louisiana. Litchfield Special Risks is a wholesale insurance broker (MGA) providing commercial, personal, brokerage, transportation and now CAT insurance to independent insurance agents in 16 states. You can learn more about this program at www.lsrinc.org/lsr-cat. For more information on this partnership or services offered, call Bill Brenton or Jim Cashion at 800-592-1027 or email info@lsrinc.org
IIAO New Agency Members Oklahoma Assurance Nicoma Park Contact: Sarah Tubby Edmond Insurance Professionals Edmond Contact: Brent Brown Oklahoma Insurance Center Oklahoma City Contact: Randy Storey
Murray Wamble & Associates, Inc. Edmond Contact: Brent Brown Andreini & Company Oklahoma City Contact: Jeff Tebow Kathy Fowler Agency, LLC Memphis, TX Contact: Gaila Harrison
IIAO New Associate Members AF Group Lansing, Michigan Contact: Kristin Doyle
Broker Source Leawood, Kansas Contact: Thomas Trussell
Be a Newsmaker | What’s happening in your organization? Celebrating an anniversary, opening a new branch, or have a staff member who has received an outstanding award? Send us your 32 POLICY
Chris Webb
Chris Webb Appointed Shareholder, VP Chris Webb, CIC, CRM, on Jan.1 was appointed shareholder and vice president at Rich & Cartmill Insurance and Bonds. Established in 1922, the organization prides itself on its remarkable team of individuals, like Webb, who demonstrate high integrity, who are community leaders and who assist clients with supreme service. Webb joined Rich & Cartmill Inc. as a sales associate in the spring of 2008. His primary focus is commercial insurance. Webb graduated from the University of Oklahoma with a bachelor of arts degree in marketing, attaining his degree requirements within a three-year period. “We are very pleased to have Chris serve as one of our leaders,” said Vaughn Graham, president of Rich & Cartmill. “He is a fine young man with great morals and an impressive work ethic. We couldn’t be happier about our choice and wish him many years of continued success and happiness serving clients and our community.”
news, along with a photo and your logo, so we can recognize those achievements in our POLICY magazine. Please contact Laura Wolf at Laura@iiaok.com if you have questions. SPRING 2018
IN BRIEF Council Releases Texting Resources to Help Agents Comply With FCC Rules The Independent Insurance Agents & Brokers of America’s Agents Council for Technology, in conjunction with the Big “I” Office of the General Counsel, has released a sample text messaging opt-in form and sample terms and conditions to help agents meet the requirements of the federal Telephone Consumer Protection Act. Text messaging gives independent agents a quick and simple way to communicate with clients, on an individual or aggregate basis, regarding policy reminders, new product offerings and risk-management tips. The Federal Communications Commission has broadly interpreted the TCPA to regulate nearly all text messaging. The FCC’s interpretation of the TCPA appears to cover all commercial text messages even if they are sent to one person rather than multiple recipients. Additionally, unlike the rules for some other commercial communications, the FCC has ordered that an existing business relationship does not provide an exemption to the TCPA requirements of obtaining prior express written consent before sending commercial text messages. Therefore, agents should ask clients to opt-in to text messaging and provide messaging terms and conditions, even if the agency communicates via text only with existing or prospective clients or when texts are initiated by the client or prospective client. Agents also need to understand the capabilities of their agency management system for text messaging. “Consumers want to choose how they communicate with their independent agent, and for many consumers, texting is at the top of the list,” says Ron Berg, ACT executive director. “We are giving agents the guidance and tools necessary to ensure they comply with the legal requirements for text messaging.” Agents need to log in to access the sample opt-in form and terms and conditions documents, which are a free Big ‘I’ member benefit.
SPRING 2018
Two-year ‘Cadillac’ Tax Delay Praised by Big ‘I’ The Independent Insurance Agents & Brokers of America recently released the following statement from Charles Symington, Big “I” senior vice president of external, industry and government affairs, on the twoyear delay of “Cadillac” tax: “The Big “I” was pleased to see another two-year delay of the ‘Cadillac’ tax included in the government funding legislation that President Trump signed into law. The tax has now been delayed until 2022. We would especially like to thank President Trump, Sens. Heller (R-Nevada) and Heinrich (D-New Mexico), and Reps. Kelly (R-Pennsylvania) and Courtney (D-Connecticut) for their work to secure this delay. “If enacted, this harmful tax would hit many of our small-business members and their clients, potentially forcing them to choose between paying the tax or reducing benefits for their employees,” Symington continued. “Over time, the tax would impact more individuals because the threshold is tied to a slow measure of inflation, creating a snowball effect that would do irreparable damage to the employee benefits marketplace. It is imperative that Congress continues to protect the employersponsored health care system for the 177 million Americans who depend on it. The Big ‘I’ supports full repeal of the ‘Cadillac’ tax and looks forward to continuing to work with the Trump Administration and leaders in Congress to ensure it never sees the light of day.”
POLICY 33
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