wisconsin
INDEPENDENT AGENT FEBRUARY 2016
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At West Bend, we’re proud of our broad base of knowledge when it comes to commercial risks. Over the years, however, we’ve developed extensive expertise of certain risks and the skills needed to underwrite them. That’s why we’re more competitive in writing these classes. Like dealer’s businesses. If you have a dealer’s risk, contact your West Bend underwriter. We look forward to sharing our expertise with you, and providing the best coverages necessary to protect your valued customers.
wisconsin
INDEPENDENT AGENT FEBRUARY 2016 Eric Schwartz, Editor
Open Door Policy Financial Institutions: Know The Rules When Modifying Banking Service Rates . . . 5 Marketing You Are No Longer an Insurance Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Government Affairs Three Candidates Vie for Seat on WI Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . 9 Virtual University How to Tackle the ACORD 23 & Loss Payable Clauses . . . . . . . . . . . . . . . . . . . . . . .11 At Your Trial: Be Cautious When Advocating for Customers . . . . . . . . . . . . . . . . . 13 Sales Be Prepared! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Members in the News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Errors & Omissions Fault Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Technology Social Media Tools to Help Boost Marketing Communications . . . . . . . . . . . . . . .20 Commentary From Counsel Federal Court Renders Employer-Friendly Wellness Ruling . . . . . . . . . . . . . . . . . .29
Independent Insurance Agents of Wisconsin 725 John Nolen Drive, Madison, Wisconsin 53713 Phone: (608) 256-4429 or (800) 362-7441 ■ Fax: (608) 256-0170 ■ Web: www.iiaw.com Executive Vice President - Matt Banaszynski 2015-2016 Executive Committee President......................................................... Steve Leitch P.O. Box 85, River Falls, WI 54022 President-elect .............................................. Matt Weimer 100 North Corporate Dr., #100, Brookfield, WI 53045 Secretary-Treasurer .......................... Lise Meyer Kobussen P.O. Box 633, Sauk City, WI 53583
Jack Riesch P.O. Box 1610, Waukesha, WI 53187-1610 Michael Walston P.O. Box 236, Kewaunee, WI 54216-0236 Darrel Zaleski 4233 Southtowne Drive, Eau Claire, WI 54701 2015-2016 Committee Chairs
Chairman of the Board ............................. John Wickhem P.O. Box 1500, Janesville, WI 53547-15
Agency Operations....................................... Kim Dandrea N19 W24200 Riverwood Dr., Waukesha, WI 53188
State National Director ................................ Linda Steiner 555 Main Street #320, Racine, WI 53403
Automation/Technology ............... Cathleen Christensen P.O. Box 949, Fond du Lac, WI 54936-0949
2015-2016 Board of Directors
Emerging Leaders ...........................................Jack Demski 101 East Grand Ave. #11, Port Washington, WI 53074
Mike Ansay 101 East Grand Ave. #11, Port Washington, WI 53704 Mark Behrens 555 Main Street #320, Racine, WI 53403 Jason Bott 330 East Kilbourn Avenue, Milwaukee, WI 53202 Cindy Burns 500 South Central Ave., Marshfield, WI 54449 Gerald Couri 379 West Main Street, Waukesha, WI 53186 Mike Farrell 1300 S. Green Bay Rd., Racine, WI 53406 Chris Hanson 5601 Grande Market Drive, Appleton, WI 54913 Brian McClone 505 North Westfield Street, Oshkosh, WI 54902
WISCONSIN INDEPENDENT AGENT
On The Cover… Newton’s cradle transfers energy and momentum. We use it for this year’s Annual Convention as a symbol for what we strive to achieve every day. We are the leading Association for Independent Agents in Wisconsin. The IIAW’s energy and momentum moves the industry forward with dynamic committees, a voice inside the Capitol, and innovative products and services. You, as members, give the Association its drive and strength and that’s what the 2016 convention is all about. Be part of the 2016 convention! Look for the brochure in this magazine and register at IIAW.com.
> ADVERTISERS & INFORMATION AAA Wisconsin ................................................ 24 ACUITY Insurance ........................................... 27 AmTrust North America .................................... 7 Badger Mutual ................................................ 23 Berkshire Hathaway/Guard ............................. 14 Burns & Wilcox ................................................. 4 EMC ................................................................. 21 IIAW Continuing Education .............................. 12
Employee Benefits.......................................... Mike Farrell 1300 South Green Bay Rd., Racine, WI 53406
Insurance Associates of America ....................10
Finance & Compensation ............... Lise Meyer Kobussen P.O Box 633, Sauk City, WI 53583
InVEST ...............................................Back Cover
Government Affairs .......................................Skip Hansen 100 North Corporate Drive #100 Brookfield, WI 53045
New Level Partners ....................................... 25
Industry Relations ....................................... Kevin Murray 525 Junction Road, Madison, WI 53717 Marketing & Membership Development ........... Jeff Thiel P.O. Box 1610, Waukesha, WI 53187-1610 Smaller Agencies .................................... Michael Walston P.O. Box 236, Kewaunee, WI 54216-0236 Technical ................................................... Mark Truyman P.O. Box 6, Seymour, WI 54165 Technical ...............................................Timothy Kakuska P.O. Box 547, La Crosse, WI 54602-0547
Partners Mutual ............................................. 23 Pekin Insurance.............................................. 26 Robertson Ryan & Associates.......................... 19 The IMT Group ................................................ 23 West Bend ........................................................ 2 Western National ............................................. 8 FEBRUARY 2016 | 3
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OPEN DOOR POLICY
FINANCIAL INSTITUTIONS: KNOW THE RULES WHEN MODIFYING BANKING SERVICE RATES Recently, we had a member ask about the legality of financial institutions fixing or varying rates for banking services based on the condition that the customer buy insurance coverage. While I am not aware of any financial institutions engaging in such behavior, I did, however, find the scope of services admissible under federal code interesting.
Section 106 of the Bank Holding Company Act (codified at 12 U.S.C. § 1971 et al.) prohibits banks from fixing or varying the rate of consideration for banking services based on the condition that the customer obtain some additional credit, property or service from an affiliate of the bank.
and servicing loans or other extensions of credit
However, specifically carved out from this general rule is a provision that a bank may
DEscrow services
adjust rates for bank services on the condition that customers obtain a service from an affiliate, so long as the service constitutes a traditional banking product. (See 12 C.F.R. § 225.7(b).)
DPayment and settlement services including
DAll forms of deposit accounts, including demand, negotiable order of withdrawal, savings and time deposit accounts
DSafe deposit box services
check clearing, check guaranty, ACH, wire transfer, and debit card services
DPayroll services Next question – what is a traditional banking product? The statute defines a traditional bank product to be a “loan, discount, deposit, or trust service.” This is a fairly general definition. Fortunately, the Federal Reserve Board has elaborated on the products that fall within the scope of these terms. They include:
DAll types of extensions of credit, including loans, lines of credit, and backup lines of credit.
DLetters of credit and financial guarantees DLease transactions that are the functional
DTraveler’s check and money order services DCash management services In short, it is permissible for a bank to condition the availability of a product or the price of a product on a customer’s purchase of one of the above traditional services from an affiliate. A bank may not, however, tie the availability or price of a product (i.e., interest rate of a loan) to a requirement that its customers also purchase a nontraditional banking product from an affiliate.
equivalent of an extension of credit
DCredit derivatives where the bank or affiliate is the seller of credit protection
DAcquiring, brokering, arranging, syndicating
Insurance has never been considered a traditional banking service. For example, a financial institution may not provide a discounted interest rate on a loan if a client purchases insurance. If your credit union
or commercial bank did this, for instance, they would be in violation of the previously mentioned Bank Holding Company Act (Section 106) and subject to criminal and civil penalties. In addition, financial institutions with licensed intermediaries in the State of Wisconsin would be subject to Wisconsin State Statute 628.34 (2) (a) relating to unfair inducements.
(2) UNFAIR INDUCEMENTS. No insurer, no employee of an insurer, and no insurance intermediary may seek to induce any person to enter into an insurance contract or to terminate an existing insurance contract by offering benefits not specified in the policy, nor may any insurer make any agreement of insurance that is not clearly expressed in the policy to be issued. This subsection does not preclude the reduction of premiums by reason of expense savings, including commission reductions, resulting from any form of mass marketing. So, it’s not a conclusive yes or no answer. A financial institution could be in violation of both State and Federal law but it depends on the type of services involved. That’s why it’s crucial to know the specific rules and to contact counsel if you have any questions about the law.
> Matt Banaszynski is the Executive Vice President of the Independent Insurance Agents of Wisconsin. Contact him at matt@ iiaw.com.
MARKETING
YOU ARE NO LONGER AN INSURANCE AGENT
Yes Mr. Gable, it’s true! You are not an insurance agent!
Yes, you sell insurance products and services for commissions, but that’s not why your clients buy from you. Every successful insurance agent today understands that they do much more than transfer risk for their clients. Today’s successful insurance agents understand that they are first marketers, publishers, creators, innovators, speakers, and value providers. This may seem like a foreign concept, but it’s true. No insurance producer can help their clients financially if they can’t first paint an emotional picture through their words and ideas. Marketing is not about manipulation, tricks or tactics. Today’s insurance buyers are too educated and untrusting to fall for inauthenticity.
Today’s successful insurance agents understand that they are first marketers, publishers, creators, innovators, speakers, and value providers. Today’s marketing is about great content. Content is not limited to your website, emails, or product and service descriptions. Everything your prospect or customer comes in contact with about you or your agency is content. It’s any medium through which you communicate with the people who may use your products or services. Content could be the words on your webpage, the email sent to a client, a headline on your brochure, or the words used during
6 | | FEBRUARY FEBRUARY 2016 2016
an appointment with a prospect. There is no hiding from content. It will make you or break you. Yet, most agents don’t seize this opportunity. In fact, most agents don’t even know the opportunity exists. Ann Handley, author of Everybody Writes, says it best. “Ours is a world where technology and social ideas have given us access and power: every one of us has the awesome opportunity to own our own online publishing platforms– websites, blogs, email newsletters, Facebook pages, Twitter streams, and so on. I don’t use the phrase awesome opportunity lightly. The opportunity to change how we communicate with people we are trying to reach, and what we communicate, is tremendous–yet we aren’t taking full advantage of it.” With this great opportunity, why are the vast majority of insurance agents still standing on the sidelines simply watching and waiting? Some think they don’t have enough time. Others say it’s a lack of knowledge or skill. A few still believe that there’s no need. I contend that you don’t really have choice. Consider that your prospective clients: D Have more options than ever before.
terms, definitions, exclusions, coverage gaps, underwriting, endorsements, and what all those strange acronyms mean. You get paid for providing a positive experience through your content. No, it’s not easy, and that’s why most agents are struggling. It requires that you are much more than just smart, friendly when asked to provide a quote. You have to: D Help your customers achieve something that’s important to them. D Provide your unique viewpoint. D Put 100% focus on your customer and view the world through his or her eyes. That takes hard work, hustle, training, continual personal development, and a passion that burns deep inside you. This passion doesn’t come from outside sources. It starts and ends with you. Ask yourself these questions: D How bad do you want to make an impact? D How bad do you want to help others? D How bad do you want to become the industry leader?
D Have more resources than ever before. D Expect more from their agent than ever before. Those that deliver on these expectations will stand out and stand above to earn business from their ideal clients. Those that don’t will continue to fight and scrape for what’s left. So I ask you a basic question - are you a marketer or an insurance agent? Trick question. You have to be both. One is expected; the other will make you successful. You are expected to understand policy
To do this, you must fully understand that you will not settle for being just another insurance agent. You are a professional who earns trust by providing consistent and valuable content to your prospects and clients. To be successful > Brent Kelly is the co-founder and CEO of insurance agent today, BizzGrizz Marketing. you must first be a Brent is a featured marketer…and a good speaker at the 2016 IIAW Annual Convention. one. WISCONSIN INDEPENDENT AGENT
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FEBRUARY 2016 | 7
GOVERNMENT AFFAIRS
THREE CANDIDATES VIE FOR SEAT ON STATE’S HIGH COURT
The ballots are set for this year’s nonpartisan, spring elections in Wisconsin. On February 16, voters statewide will be asked to head to the polls and cast ballots in a relatively low profile primary election for justice of the state Supreme Court.
From left: Justice Rebecca Bradley (incumbent), Judge JoAnne Kloppenburg and Judge Joe Donald. The Wisconsin Supreme Court is the highest appellate court in the state and has jurisdiction over all other lower courts. Its primary function is to review cases that have been appealed from the Court of Appeals. The court is composed of seven justices who are elected to 10-year terms. Only one justice may be elected in any given year. In the event of a vacancy on the court, the Governor has the power to appoint an individual to fill the vacancy, but that justice must then stand for election in the first year when no other justice’s term expires. This year, three candidates of varying backgrounds and experience are running for Supreme Court and the primary election outcome will narrow the field to the top two voter-getters who will then face off on April 5 in the spring general election. The non-partisan court election coincides with other local elections around the state, as well as Wisconsin’s presidential primary. The state Supreme Court seat currently up for grabs is one that was previously held for 20 years by Justice N. Patrick Crooks, who unexpectedly passed away in September 2015, a week after he had publicly announced that he was not running for re-election. Justice Crooks was 77 years old and served a distinguished career of 39 years in public service as a Wisconsin jurist. Shortly following Crooks’ death, Governor Walker appointed Milwaukee native Rebecca Bradley to fill the vacancy on the bench. Incumbent Justice Rebecca Bradley is now running for a full 10year term to the bench. On February 16 she is facing challenges from Milwaukee County Circuit Court Judge Joe Donald and Wisconsin Court of Appeals District IV Judge JoAnne Kloppenburg. Justice Bradley worked for 16 years as an attorney in private practice before she was first appointed to serve as a children’s court judge in Milwaukee County Circuit Court. She then went on to serve a short stint on the Wisconsin Court of Appeals before she was appointed to the Supreme Court. Justice Bradley is the first to bring judicial experience WISCONSIN INDEPENDENT AGENT
on both the trial court and intermediate appellate court benches to the state Supreme Court. She is considered a conservative when it comes to her role as a judge and she has the predominant support of the business community. Judge Joe Donald was appointed to the Milwaukee County Circuit Court in 1996 by then Governor Tommy Thompson and he has been re-elected four times since without opposition. Donald is currently assigned to general felonies in the Criminal Division. He previously served in civil/probate, homicide and sexual assault, and as chief judge of the children’s court. Donald is considered moderate to liberal leaning in his judicial philosophy and is running a campaign independent of the political parties. Judge JoAnne Kloppenburg is currently a Court of Appeals judge for District IV covering 24 counties in southwestern Wisconsin. She has served in this capacity since she was first elected in 2012. Prior to being elected to the Court of Appeals, Kloppenburg served as an assistant attorney general for 23 years at the state Department of Justice. According to her biography, as a prosecutor and a litigator she handled cases in many areas including constitutional law, administrative law, environmental law, and all aspects of civil litigation in circuit courts around the state and in federal court. At the Department of Justice, she worked with both Republican and Democratic Attorneys General. Kloppenburg is most notably recognized for her 2011 challenge of incumbent Justice David Prosser in a politically charged statewide recall election. She ultimately lost that election by a difference of 7,000 votes. The election is officially nonpartisan, but Justice Bradley has the backing of conservatives and mostly Republicans, while Kloppenburg has the support of liberals and many Democrats. Judge Donald is running a campaign independent of either political persuasion and solely on his experience as a judge. Despite the importance of the February primary and April general elections for the Supreme Court seat, the winner will not substantively change the balance of power on the court since four of the court’s seven justices already lean conservative in their judicial philosophy and none of them are up for election this spring. However, Justice Bradley’s conservative approach to interpreting the laws as written makes her the most desirable candidate for the business community. I encourage you to learn more about the candidates, their backgrounds and perspectives on the judiciary. Then remember to make your voices heard by voting in the primary on > Misha Lee is Owner/ Tuesday, February 16, 2016. Founder of Lee Government Relations, For more information on the candidates LLC and lobbyist running for state Supreme Court go to for IIAW. Follow Lee WisconsinVote.org at wisconsinvote.org/ Government Relations on Twitter @mishavlee. candidates-and-races.
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HOW TO TACKLE THE ACORD 23 AND LOSS PAYABLE CLAUSES Upon reviewing the FIG for the ACORD 23, an agent encounters the following language:
The title of the form, ACORD 23, Vehicle or Equipment Certificate of Insurance, is used to provide a coverage statement with respect to physical damage, property, and/or liability insurance coverage to the additional interest(s) of leased or financed vehicles or equipment, but only when the insurance policy covering the subject vehicle or equipment includes an endorsement or policy condition stating that the insurer will notify the additional interest(s) in the event of policy termination.
Historically, we have used the ACORD 23 to provide proof of coverage to a lender for a specific vehicle or piece of equipment, or even to reference ‘Leased/Rented Equipment.’ If the policy contains a Blanket Loss Payee endorsement, we attach a copy. We check the box, ‘A request has been submitted to add the additional interest described below to the policy(ies) listed herein by policy number(s),’ and send a copy of the certificate to the underwriter. We do not go as far as reviewing the policy language for notice of cancellation rights, and in many situations, it does not appear that the Blanket Loss Payee endorsement is sufficient. Does this mean we should stop using the ACORD 23 unless we are absolutely certain the certificate holder or lender will receive notice from the insurer? If we stop using it, would we use the ACORD 24 and attach the Blanket Loss Payee form, or the ACORD 27? I believe most auto loss payable clauses, such as the ISO endorsement PP 03 05 – Loss Payable Clause, provide for notice of cancellation. However, proprietary insurer clauses—especially blanket clauses or loss payee vs. loss payable clauses—might not provide for notice of cancellation. This appears to be the case for the form you sent us. I wondered if the ‘policy termination’ language in the ACORD FIG language cited above dates back to when certificate forms included a reference to a notice of cancellation. If so, this condition for using the ACORD 23 should probably be removed from the FIG. Otherwise, agents face the need to issue two certificates—property and liability—to certify coverage. To confirm this, I checked with ACORD, which advised me that the language is outdated now that the certificates no longer provide for
notice of cancellation. This issue will appear on the ACORD Certificate Working Group’s agenda for an upcoming Web conference. I suspect the recommendation will be to remove that language. So, for now, I think what you’re doing is fine. One thing I’d be wary of when using a blanket form without a cancellation notice is where lenders or lessors require notice of cancellation as part of the finance or lease agreement. When that’s the case, this form would likely not satisfy that contractual requirement. Most loss payable endorsements I’ve seen include notice of > Bill Wilson is cancellation. This blanket form is convenient, director of the Big “I” but could create problems for both the insured Virtual University. and the agency if the contractual requirements Contact him at bill. wilson@iiaba.net. for notice are breached.
The Virtual University is a Big “I” members-only resource. Many articles are based on real-life questions received by the Ask an Expert service. This service ensures that the information is current and topical. Go to www.independentagent. com/Education/VU/. You will need to login with your IIABA username and password before using the VU. The IIABA does not assume and has no responsibility for liability or damage which may result from the use of any of this information.
WISCONSIN INDEPENDENT AGENT
FEBRUARY 2016 | 11
CONTINUING EDUCATION
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FOR MORE CLASSES AND TO REGISTER, PLEASE GO TO IIAW.COM
AT YOUR TRIAL: WHAT YOU NEED TO KNOW ABOUT ADVOCATING FOR CUSTOMER CLAIMS Advocating on behalf of customers and attempting to negotiate with carriers after the denial of a claim is something that most agents look at as part of the value proposition they bring to their customers. It is also considered by E&O defense attorneys as one of the most dangerous things agents can do when it comes to E&O claims. When is the appropriate time to Advocate?
When an insured needs to make a claimtYes Assisting with presenting the claim and complying with notice provisions of the policy is acceptable advocacy. Providing this service is one of the ways an independent agent can set him/herself apart.
When a claim is denied by the carriertMaybe Consider the following: D If the reason for the denial is the carrier’s mistake of fact, supplying information or documentation to correct the mistake is acceptable. D If the carrier is clearly incorrectly applying a policy provision, it is probably okay to point this out. For example, you may know that courts in your jurisdiction apply an exclusion differently than the carrier has applied it in your customer’s case. D If the claim is properly denied, it is no longer appropriate/safe to advocate for coverage. Doing so may give your customer reason to think the claim should have been covered, i.e., that you made a mistake in placing their coverage.
When the writing is on the walltProceed With Caution!
some kind of error – whether or not you actually did – it is no longer safe to advocate. (And before attempting to convince the customer that you are not at fault, it may be a good idea to contact your E&O carrier for support and guidance.) D If you are reasonably certain the customer believes you have made some kind of error – and you know you did – it is no longer safe to advocate. Falling on your sword is not advocating! It could jeopardize your E&O coverage, and it will impact your attorney’s defense of an E&O claim and their ability to raise otherwise valid defenses. D If the customer has already filed suit against the carrier, do not inject yourself into the litigation, even if you think you are helping your customer. You might end up a defendant. D Discuss with staff your agency’s procedure on advocating for customer claims after a denial. If you don’t have procedures, develop them. The procedure should contemplate who can advocate, the nature of how to properly do so, and when in the process it is appropriate timing. Consider how your procedures will be interpreted at your trial.
Consider the following: D If you are reasonably certain the customer believes you have made WISCONSIN INDEPENDENT AGENT
As always, feel free to contact Mary Morrison or myself for additional resources.
> Meggen Gagas is the IIAW’s Director of Agency Services. Contact her at 608.210.2975 or meggen@iiaw.com.
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BE PREPARED: THREE REBUTTALS TO COMMON SALES OBJECTIONS The good news about insurance sales - like all other sales - is that the set of objections and put offs you face is essentially the same. In other words, day after day, in presenting your products and services, your prospects probably come up with the same old objections they’ve been using for years. Things like, “I’m happy with who I work with now,” “Why change what I have already?” and on and on. Because of this, you have a distinct advantage if — and this is a big if — you have taken the time to prepare responses to these objections and have practiced your responses so they sound easy, natural and convincing.
to the best coverage information to fit where you are in your life now. You see, the issue with most insurance is that people tend to buy it and forget about it. And the problem with that is that life, situations and responsibilities change and in most cases, the insurance coverage gets neglected.
Three Common Objections in Insurance Sales
Let me ask you this: when was the last time you had someone look at your existing coverage and compare it to what’s now available based on where you are in your life today? Well here’s what I’m prepared to do for you - I’ll compare your current coverage and your current needs with what’s available today, and if you have the best coverage at the best rates, then I’ll tell you so. And if I have a better product at a better rate, and it makes sense to you, then you can decide what to do. Either way you’ll win. Is that fair enough?”
Below you’ll find three rebuttals to the most common objections you get when closing on your insurance products. Remember, take the time to reword or rework them to fit your specific services or selling style, but after you do, the key is to use them. By the way, if you sell something besides insurance, there’s something in here for you, too. How often do you hear the “I’m happy with who I work with now,” or “Why should I change?” when trying to close on your products or services? You see, objections are objections are objections. Prospects and clients have been using the same ones for years because they work to blow off 80% of your competition. But once you start using these rebuttals, you’ll find a way to get past them and present your products and services. So, adapt, use and become more successful using these rebuttals.
Objection #1: “I’m happy with who I work with now” “I’m glad to hear that __________, and I’m not here to come between the relationship you have with your current broker. Instead, I’m only interested in making sure you have access WISCONSIN INDEPENDENT AGENT
Objection #2: “It won’t happen to me” “__________, when was the last time you totaled your car? (usually never). But you still have it insured for that loss, don’t you? You see, that’s the thing about insurance - we buy it to protect us in advance in case something happens that we couldn’t afford to cover. If we never use it, we’re grateful, and if we have to use it, we’re thankful. Either way, insurance gives us both protection and peace of mind. Now _________, if (the situation that you’re insuring for now) did happen, how happy are you going to be that you have coverage for it? (probe here - “How would that affect your wife? What would that give her in terms of time with the kids, etc.?”) _________ the little bit of premium you pay now provides you and your family (or business)
with a great deal of comfort and security. It’s the right thing to do and I think you know it. Let me ask you this: What kind of (monthly/ quarterly) payments are you trying to stay within - perhaps I can adjust your policy or length of term to make this work for you.”
Objection #3: “Why change what I have?” “I’m not saying you should change, and it may not make sense for you to change. That’s why I need to do some work for you to see if I can help you. You see _________, most brokers write an insurance policy for their clients and then they’re off to make the next sale. What they don’t do is what is perhaps the most important part of all - continue to assess their client’s changing needs and match them up with a newer product that would get them more appropriate coverage - perhaps for even less money. And that’s what I’m here to do for you today. Let’s do this: I’ll take a look at what you currently have in terms of coverage and premium, and I’ll compare it to what your needs are today. I’ll then review what is available to you and if there’s a better fit for you, I’ll let you know about it. If not, then I’ll let you know that as > Mike Brooks, “Mr. Inside Sales,” is the well. In the end you recognized authority get to decide what’s on inside sales. Learn best for you. Is that more at mrinsidesales. com. fair?”
FEBRUARY 2016 | 15
WS E N E H T N I S R E B M ME Agency Names Bott as New Shareholder Robertson Ryan & Associates Welcomes Producer Owners, Hires New Corporate Marketing Director
Patti Blaschka
Robertson Ryan & Associates is carrying their momentum of growth from 2015 into the new year. Joining Robertson Ryan as of January 1, 2016, is Veitenhaus Insurance Services, formerly located on S. Howell Avenue in Milwaukee. They have an established reputation for personal, commercial and special insurance solutions. The owners joining Robertson Ryan from Veitenhaus include Lisa Piontek and Patti Blaschka. Both will assume the role of Producer within Robertson Ryan and will be based out of the downtown Milwaukee corporate headquarters. Lisa Piontek will continue to service her personal lines policyholders with high levels of customer service and insurance expertise. She has over 30 years experience in insurance and most recently held the position of President at Veitenhaus.
Allan Degner
Patti Blaschka will serve as an industry resource to her growing commercial client portfolio. Before Blaschka became an agent, she was with the Chubb Group of Insurance Companies where she worked as an underwriter. She brings over 20 years insurance experience to Robertson Ryan and most recently held the position of Vice President at Veitenhaus.
Robertson Ryan & Associates is pleased to announce that Jason Bott was promoted to Shareholder at their first quarter Shareholder’s Meeting. Bott joined Robertson Ryan in 2004 as a Vice President and over the past eleven years has developed a book of clients that he owns and services with a highly knowledgeable and dedicated team. Being part of Robertson Ryan, the largest independent insurance agency Jason Bott in Wisconsin, Bott has the resources to handle standard and non-standard policies. He specializes in real estate risk management solutions and has developed a national reputation for insuring real estate owners and investors of varying sizes. Beyond the real estate sector, Bott handles commercial insurance for a variety of industries. Bott is a leader in the Independent Insurance Agents of Wisconsin (IIAW). The IIAW supports and represents independent insurance agents within the insurance industry in Wisconsin. Their initiatives include government relations, industry education and member development. Participating in the IIAW allows Bott to remain at the helm of a fast paced industry and is a channel for giving back through mentoring other insurance professionals. Currently, he is serving a three-year term on the IIAW Board of Directors. Bott resides in Wauwatosa with his wife, Rhianon, and their four children. For more about Robertson Ryan, please visit robertsonryan.com
Update! Company Hires Klestinski as New VP– Specialty Lines
Additionally, in the spirit of growth, Robertson Ryan added the position of Marketing Director. Allan Degner joins the team after nine years of insurance restoration experience with Paul Davis Restoration & Remodeling. He was most recently Director of Marketing with Paul Davis’ largest North American franchise based in Milwaukee. In his new position, Degner will be responsible for marketing operations, branding, advertising and public relations. Tony Von Rueden, President of Robertson Ryan & Associates, commented on the recent additions. “Robertson Ryan is well positioned for continued growth in Wisconsin and beyond. We are very pleased to welcome Piontek and Blaschka, which together bring over 50 years of insurance experience to our esteemed team. Degner will help champion the momentum of growth through our fourteen branches and see that our reputation and brand stays strong. We want people to understand that we invest in the most advanced resources, including carrier partners and service professionals in our industry. 2016 is positioned to be a strong year for our organization with additional agency and Producer growth.”
16 | FEBRUARY 2016
Correction: In the January 2016 Members in the News feature, Kevin Klestinski was recognized as SECURA’s new Vice President–Specialty Lines Underwriting. Unfortunately, Kevin’s photo was not included with the story. We apologize for the error and include Kevin’s photo here.
Kevin Klestinski
A.M. Best Rates SECURA Insurance A (Excellent) for Financial Strength
A.M. Best affirmed the Financial Strength Rating of A (Excellent) with a stable outlook for SECURA Insurance, a property and casualty insurer based in Appleton. The rating is a measure of an insurance company’s ability to pay claims to its policyholders. WISCONSIN INDEPENDENT AGENT
WS E N E H T N I S R E B M ME “This rating more than validates our financial strength,” said Dave Gross, President and CEO. “It reflects the dedication and strength of our associates and independent agency partners. We’ll continue to focus on delivering on service to our policyholders and agents, taking care of our people, and maintaining long-term growth and stability.” The “A” rating recognizes SECURA’s solid financial stability and historically profitable underwriting and operating results. The stable outlook reflects A.M. Best’s expectation that earnings will remain positive. The company was specifically recognized for key strengths of agency relationships, ongoing price initiatives, and its longstanding regional business presence. A.M. Best noted SECURA’s strengths are further supported by a conservative balance sheet, effective reinsurance utilization, and improving risk management capabilities. A.M. Best also affirmed SECURA’s Issuer Credit Rating of “a+” with a stable outlook.
performance,” Salzmann said. “Agents’ ability to provide front-line underwriting and risk management are essential components to pricing business accurately and keeping costs under control.”
Company Grows to New Record Revenue in 2015 ACUITY announced its 2015 growth results, reporting an overall gain of nearly $90 million in total written premium. The amount represented a 7 percent increase over 2014 and brought ACUITY’s revenue to an all-time high of $1.33 billion for the year. “Over the past 16 years, ACUITY has grown 250 percent faster than the insurance industry, said ACUITY President and CEO Ben Salzmann. “In the past 48 months alone, our company added nearly $500 million to its top-line revenue.” ACUITY achieved significant growth across all lines of business and throughout the company’s operating territory in 2015. The insurer wrote over $200 million in new business for the fourth straight year, driven by increases in both personal and commercial lines. In personal lines, ACUITY achieved double-digit growth and marked an incredible 19th consecutive year of premium gain. In commercial lines, the company set a new record for percentage of quotes that became issued policies.
For more about SECURA, please visit secura.net.
Company Named Profit and Growth Leader In a recent report entitled “Growth and Profit Leaders in Personal Lines Insurance,” independent research firm Conning, Inc., ranked ACUITY among a select group of 5 standouts that led their peers in both growth and profitability over both long-term (10-year) and short-term (5-year) measurement periods. “ACUITY’s underwriting discipline, precision pricing, and expert claims handling in personal lines consistently produce both growth and profit,” said Ben Salzmann, ACUITY President and CEO. “Conning’s ranking of ACUITY as a Growth and Profit Leader is further validation of the success of our strategy.” ACUITY produced a personal auto loss ratio over the past five years that was more than four points better than the industry benchmark. Conning also noted that the independent agency distribution channel is the most commonly used distribution format among the 5 top performers, including ACUITY. “Despite the millions of dollars spent by direct-writing, ‘name your price’ companies, ACUITY’s profitable results show the importance of the independent agent in a company’s WISCONSIN INDEPENDENT AGENT
As a result of ACUITY’s continued strong growth, the company added 135 staff members in 2015 and plans to hire 120 more over the next six months. After the latest round of staffing is completed, ACUITY will have hired 700 employees over just a five-year span. The company is poised to continue its growth in 2016 due to the company’s competitive strengths and market positioning. “ACUITY’s financial success in 2015 is a direct result of the efforts of our dedicated staff and trusted agency force,” said Wally Waldhart, VP-Sales and Communications. “We are extremely grateful to all our people for helping us achieve another record-setting year, and we look forward to continued success in 2016.”
Company Receives FAA Approval for Use of Drones ACUITY announced that it has received approval from the Federal Aviation Administration (FAA) to use unmanned aerial vehicles (UAVs), commonly referred to as drones, in its insurance operations. ACUITY intends to use drones to enhance service to customers and agents and maintain the safety of employees in hazardous locations and situations. The insurer’s use of drones will begin in the claims handling process, such as surveying locations that are inaccessible due to damage, CONTINUED ON PAGE 19
FEBRUARY 2016 | 17
ERRORS & OMISSIONS
FAULT LINES The main tort claim against an agency or agent involves some form of negligence. In order for a claimant to ‘win’ a negligence case against you or your agency, he must prove several elements: duty, breach, causation and legal (proximate) cause, and damages. Most negligence claims allow for apportioning of damages between potential defendants, as well as the ability to compare the fault of the plaintiff. Let’s look at each of the elements. Duty: Having claims made against you does not mean you are necessarily legally responsible. Even if you feel responsible— or, in hindsight, think you could have done something differently—you are not responsible unless you owed the claimant a legal duty. (For more on agent duties, visit iiaba.net/eohappens.) Breach: The claimant must also prove that you breached the duty. The specific law on breach will depend on the standard of care
18 | FEBRUARY 2016
recognized in your jurisdiction. Generally, it is that duty owed by a reasonably prudent agent in similar circumstances.
In order for a claimant to ‘win’ a negligence case against you or your agency, he must prove several elements: duty, breach, causation and legal (proximate) cause, and damages. Causation and legal (proximate) cause: The damage must be not only the direct cause of the loss, but also the reasonably foreseeable consequence of the action. For example: even if the agency was responsible for failing to secure a particular coverage, the claim would not have been covered under the policy because it was subject to an exclusion.
How to Break Down a Negligence Claim Damage: The claimant must suffer some measurable damage. Even if the claimant is able to overcome all those barriers, someone else might be responsible as well, such as a carrier, a broker, another agent or, in many cases, the claimant. All states recognize some sort of contributory or comparative fault standard. In some jurisdictions, the plaintiff’s own fault (or above a certain percentage of fault) can be a complete bar to recovery. In other jurisdictions, the comparative fault of the plaintiff will > Charles W. Phillips, J.D., is a Senior be a reduction of the Technical Specialist recovery. So there’s some good news: it might not be all your fault.
with Travelers Insurance. He previously worked at Swiss Re as a VP of Claims and Liability Management.
WISCONSIN INDEPENDENT AGENT
S W E N E H T N I S R E B MEM CONTINUED FROM PAGE 17
buildings that feature steep roofs, or other locations where employee safety would be jeopardized by a physical inspection. ACUITY also plans to use drones for inspections of properties for loss control, valuation, and insurability purposes. “ACUITY recognizes the importance of drone technology in claims, underwriting, and many other facets of the insurance process,” said Jamie Loiacono, ACUITY VP-Claims. “With a drone, on-site personnel can survey a location faster and safer than they can through a physical inspection. Drones can also deliver a high degree of accuracy and provide additional data, videos, and still imagery.” ACUITY’s use of drones will also be done with public safety and privacy concerns in mind. “We are committed to respecting the safety and privacy of the public while using this technology in a way that benefits our customers, agents, and employees,” Loiacono said. “All drone operations will be conducted in complete accordance with regulations and with all vehicles under the full control of licensed pilots, as required by the FAA.” The insurer’s FAA permit includes operation of the DJI Phantom 2 Vision +, DJI Phantom 3, and the PrecisionHawk Lancaster. The company currently owns several drones purchased in anticipation of FAA approval and plans to increase its fleet in the months ahead. “ACUITY is a recognized technology leader in insurance,” said Ben Salzmann, ACUITY President and CEO. “Our use of drones will continue our commitment to developing and utilizing solutions that bring added benefit to our customers, agents, and employees.” For more information about ACUITY, please visit acuity.com.
Burns & Wilcox Parent Company Acquires Consulting Firm H.W. Kaufman Financial Group, headquartered in Farmington Hills, Mich., has acquired Technical Risk Services (TRS), a Toronto, Canada-based specialist in loss control services, inspections, and risk control consulting. TRS is a full-service loss control inspection and consulting firm that has operated in Ontario, Canada for more than 15 years, with expertise in large, complex commercial building inspections in industries such as manufacturing, distribution, and energy, Kaufman said in a statement. Kaufman said the acquisition marks its first in 2016, which will add to its “diverse roster of specialty insurance, brokerage, and insurance services companies.” “Kaufman’s global portfolio currently includes Canadian Reports, a Canadian provider of premium audits, loss control inspections and risk management services, focused on inspections for commercial and personal risks of all sizes. The addition of TRS deepens our commercial expertise and strengthens our North American offerings,” said Alan Jay Kaufman, chairman, president and CEO of Kaufman Financial Group. TRS will continue to operate under the TRS name as part of Canadian Reports. Gilles Proulx, former executive vice president, Client Services of TRS, will join the Kaufman team as president of Canadian Reports. For more information about Burns & Wilcox, please visit burnsandwilcox.com.
ϳϬй ŽĨ ĂŐĞŶĐLJ ŽǁŶĞƌƐ ĚŽŶ͛ƚ ŚĂǀĞ Ă ƉĞƌƉĞƚƵĂƟŽŶ ƉůĂŶ Ͳ >Ğƚ ZK Zd^KE Zz E Ğ WĂƌƚ KĨ zŽƵƌ &ƵƚƵƌĞ You’ve built a successful agency and book of business but don’t have someone to take it ŽǀĞƌ ǁŚĞŶ LJŽƵ ƌĞƟƌĞ͘ tŚĂƚ ĚŽ LJŽƵ ĚŽ͍
Plan your future with Robertson Ryan & Associates͘ LJ ũŽŝŶŝŶŐ ŽƵƌ ƚĞĂŵ ŝƚ ĂůůŽǁƐ LJŽƵ ƚŽ͗ ͻ ͻ ͻ ͻ ͻ
Keep your book Remain a trusted advisor to your clients to give them peace of mind ŽŶƟŶƵĞ ǁŽƌŬŝŶŐ ƵŶƟů LJŽƵ ĚĞĐŝĚĞ ƚŽ ƌĞƟƌĞ Find the right buyer for your book within Robertson Ryan to maximize your return Ğ ŝŶ ƚŚĞ ϯϬй ƚŚĂƚ ŚĂǀĞ Ă ƉůĂŶ
&Žƌ ŵŽƌĞ ŝŶĨŽƌŵĂƟŽŶ ĐĂůů 'ĂƌLJ ƵƌƚŽŶ͕ ŚŝĞĨ KƉĞƌĂƟŶŐ KĸĐĞƌ͕ Ăƚ ϰϭϰ͘ϮϮϭ͘Ϭϯϴϲ͘ ůů ĐĂůůƐ ǁŝůů ďĞ ŬĞƉƚ ŝŶ ƚŚĞ ƐƚƌŝĐƚĞƐƚ ĐŽŶĮĚĞŶĐĞ͘ WISCONSIN INDEPENDENT AGENT
FEBRUARY 2016 | 19
TECHNOLOGY
SOCIAL MEDIA TOOLS TO HELP BOOST MARKETING COMMUNICATIONS Following are a few social platform tools that will help you build visibility and reduce the amount of time you have to invest on these marketing efforts.
Helping your agency be visible to the online consumer is an important part of your agency’s marketing communication process. Using the appropriate tools is an excellent way to streamline the process of building your social presence. Any brand presence on social media is worthless if it fails to connect with the right audience in a relevant way.
BoardBooster BoardBooster is a tool that will help you schedule and manage Pinterest postings. It has many features that will kickstart your marketing strategies. In addition to scheduling pins, it allows you to loop activity. With this feature, you can update
Using personal pictures is a much better way to engage with someone than simply grabbing a stock photo. The Google Photos platform is a great way to manage photos. your board by repinning an older pin and then get rid of the existing pin or the latest pin based on their performance. This helps you by repinning great material on a regular basis. The free version allows for 100 pins per month. Paid plans start at $5 for 500 pins per month. (For pricing plans, go to boardbooster.com/pricing.)
Revive Old Post If your agency website uses the WordPress platform, this could be a great plug-in to add. Once you have installed Revive Old Post, this plugin will extract the existing collection of blog posts and automatically post them on
20 | FEBRUARY 2016
Facebook, Twitter and LinkedIn accounts respectively. It keeps your old articles live by sharing them in driving more traffic to your website. With this tool, you do not need to bother scheduling your most recent and significant articles on your social media accounts. You just need to arrange it and monitor the flow of traffic with automation. A Pro (paid) version adds additional functionality.
Google Photos Using pictures and images in your articles and on social platform posts is essential to getting someone’s attention. Using personal pictures is a much better way to engage with someone than simply grabbing a stock photo. The updated Google Photos platform is a great way for you to more easily manage your pictures and images. When you install Google Photos on your computer and other mobile devices, the program will automatically start uploading your images and video to your Google Photos account. The benefits of using Google Photos to upload your pictures include: + All your pictures are transferred automatically to the Cloud as a backup.
+ You can easily transfer your photos among various devices. For instance, you can take a picture with your camera and download it onto your phone through Google Photos and post it on Instagram. + Google Photos will automatically create stories, animations and collages with your best pictures. I have found these to be quite compelling. + Using machine learning that recognizes images, you can search for different photos just by topics and faces. As in many Google products, there is no cost for using the Google Photos service. I recommend you experiment using these tools to see which ones might be relevant to you. A key to continuing to develop your online presence is consistency. Using just one of these tools could help you save significant > Steve Anderson time and provides information allow you to to insurance agents about how they can streamline the use technology to management increase revenue and/ of your social or reduce expenses. Go to steveanderson.com. presence. WISCONSIN INDEPENDENT AGENT
Your customers like working with a local agent to handle their insurance. We think you deserve the same kind of attention. That’s why EMC has a fully staffed branch office in your area — to respond quicker and with a greater understanding of your area’s needs. It’s just one of the many reasons you and your policyholders Count on EMC ®. MICHAEL LESTER, CPA Premium Audit Manager EMC Milwaukee Branch
LOCAL SERVICE FOR YOU
AND YOUR CLIENTS. MILWAUKEE BRANCH OFFICE Phone: 855-495-1800 | Des Moines, IA
www.emcins.com © Copyright Employers Mutual Casualty Company 2015. All rights reserved.
COMMENTARY FROM COUNSEL
FEDERAL COURT RENDERS EMPLOYER-FRIENDLY WELLNESS RULING Just in time for New Year’s resolutions involving fitness, diet and general well-being, a Wisconsin federal court has turned away a federal agency’s challenge to an employer’s wellness program tied to its employer-sponsored health insurance program. The decision is the first of its kind in Wisconsin, as well as the federal appellate circuit in which Wisconsin sits—almost ensuring an appeal and the development of the law on the issue. The decision may impact planning and management of your agency’s benefits program, or the programs of your clients, and is worth a close look, as it bodes well for future use of employee medical data to promote health and manage insurance costs. In a victory for employers, the U.S. District Court for the Western District of Wisconsin has upheld an employer’s requirement that employees participating in an employersponsored health insurance plan undergo physical examinations and other medical testing as a condition of enrollment. Judge Barbara Crabb concluded that the required testing, which was used to provide the employer only aggregate (not individual) health data to assess insurance needs, does not violate the Americans with Disabilities Act (“ADA”) because it relates to the administration of underwriting risks. The case, Equal Employment Opportunity Commission v. Flambeau, Inc., involved a claim brought by the Equal Employment Opportunity Commission (“EEOC”) alleging a violation of the ADA. The EEOC contended that the employer violated the section of the ADA which prohibits an employer from requiring an employee to submit to a medical examination as a condition of employment unless the exam is related to the employee’s position. The employer in this case instituted an employee wellness program which required enrollees in the employer-sponsored health plan to complete a “health risk assessment” and a “biometric screening test.” The health risk assessment required each participant to complete a questionnaire about his or her medical history, diet, mental and social health and job satisfaction. The biometric test was similar to a routine physical examination and included height and weight measurements, a blood pressure test, and a blood draw. Participation in the wellness program was not a condition of continued employment—
22 | FEBRUARY 2016
employees were, at all times, free to opt out of program unrelated to the administration of the employer-sponsored health insurance plan. insurance risks. The information gathered through the The EEOC argued unsuccessfully that wellness program was then used to identify the employer was using the safe harbor the health risks and medical conditions among provision as “subterfuge”—a practice the plan’s participants. With the sole exception of tobacco usage, the health risks and medical conditions identified were reported to the employer in the The U.S. District Court for the Western District of Wisconsin upheld an employer’s requirement that employees participating in an employer-sponsored health insurance plan undergo physical examinations aggregate so that and other medical testing as a condition of enrollment. JJudge Barbara Crabb (pictured above) concluded the employer that the required testing, which was used to provide the employer only aggregate (not individual) health data to assess insurance needs, does not violate the Americans with Disabilities Act. would not be aware of any individual employee’s medical specifically forbidden by the ADA. The information. The employer then used the ADA specifically states that the safe harbor information collected to estimate the cost of provision “shall not be used as a subterfuge providing insurance, set premiums, adjust to evade the purposes” of the ADA, which co-pays, and evaluate the need for stop-loss generally protects employees’ rights not to insurance. From the data collected through be examined or compelled to give disabilitythe program, the employer learned that a related information as a condition precedent high percentage of its employees suffered to their employment. The Court rejected this from nutritional deficiencies and weight argument, however, ruling that there was management problems. In response, the no evidence that the employer had used the employer sponsored weight loss competitions, program to evade a purpose of the ADA. The modified vending machine options and made EEOC also argued that the wellness benefit other “organization-wide changes” aimed program was not a “term” of the employerat promoting health and reducing health sponsored plan at issue because neither the insurance costs for the company. summary plan description In upholding the program, the Court ruled nor the collective that the wellness program fell squarely within bargaining agreement the ADA’s “safe harbor” provision which explicitly referenced the requires that the ADA “shall not be construed wellness program. Relying to prohibit or restrict” an employer from on previous precedent establishing or administering “the terms from the Seventh Circuit of a bona fide benefit plan that are based (the federal appellate court on underwriting risks, classifying risks, or overseeing Wisconsin and > Josh Johanningmeier administering such risks.” The Court noted, several other states’ federal is the IIAW’s General Counsel. Call the Legal however, that the safe harbor provision may district courts), the Court Services Hotline at (877) 236-1669. not be applicable to a stand-alone wellness rejected this argument, WISCONSIN INDEPENDENT AGENT
COMMENTARY FROM COUNSEL noting that a benefit plan may be established even in the absence of a written document and that a summary plan description’s silence on an issue does not stop a plan from relying on the more detailed policy terms when no direct conflict exists. The application of the safe harbor provision to employer-sponsored wellness programs was the first in the Seventh Circuit. At least one other federal court (in Florida) has reached a similar conclusion. The Flambeau decision will almost certainly be appealed to the Seventh Circuit. In the meantime, however, the Court’s decision represents an important victory for employers.
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FEBRUARY 2016 | 23
TESTIFYING AT THE CAPITOL
On January 5, 2016, representatives of the Independent Insurance Agents of Wisconsin testified at the Capitol about pending legislation regarding property insurance for local governments. The 2015-17 biennial budget included a provision to shut down the Local Government Property Insurance Fund (LGPIF), a state-run fund for local units of government to purchase property insurance. This budget provision was strongly supported by the IIAW as Wisconsin’s strong private insurance market is capable of insuring this risk. Unfortunately, the motion failed to pass the legislation. To counter
this, the IIAW, with the assistance of Sen. Frank Lasee and John Nygren, drafted legislation seeking to level the playing field for the private market by imposing rate regulations, surplus requirements and other requirements the private sector are held to. The IIAW testified before the Assembly and Senate. From left: Scott Brookes, Account Executive, R&R Insurance Services (Professional Engineer-Fire Protection, MBA, CPCU, AIM); Matt Banaszynski, IIAW Executive Vice President; and Jeff Thiel, Commercial HealthCare Property and Casualty Specialist, R&R Insurance Services.
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FOOD FOR THOUGHT HEY CLAY, WANNA TRADE PAYCHECKS FOR A WEEK?
With the Super Bowl in the rearview mirror and baseball season on the horizon, we enter the sports dead zone (sorry NBA and NHL fans). To help pass the time, here are the top 5 highest paid athletes in Wisconsin: Aaron Rodgers, Packers $18.25 million Aramis Ramirez, Brewers $14 million Clay Matthews, Packers $12.7 million He makes $18 million a year. I’m sure Olivia Munn likes him for his personality and good manners.
Matt Garza, Brewers - $12.5 million Matt Braun, Brewers - $12 million Source: Milwaukee Biz Journal
HE IS A WONDER
Awonder Liang of Madison, WI, is a wonder when it comes to playing chess. He is the youngest ever expert, the youngest ever master, the youngest American to defeat an International Master (IM), and the youngest to defeat a Grandmaster. On November 25, 2015, at the ripe old of 12 years, 7 months and 6 days old, Awonder became the youngest American to earn the IM title. Source: U.S. Chess Federation
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