wisconsin INDEPENDENT AGENT JANUARY 2021
CONTENTS wisconsin INDEPENDENT AGENT
COVER STORY: We Cannot Prevent Life’s Challenges, but We Can Adapt to Overcome Them Congratulations, you made it to 2021! 2020 will almost surely be defined by the COVID-19 pandemic. Despite the challenges presented by the pandemic, we see 2020 as the year we gained new perspectives, discovered five years’ worth of innovation in one year and came to appreciate the little things in life that in a normal year often get overlooked.
PAGES
4-6
FINANCE............................................................................................8 Does Your Banker Understand Your Insurance Business?
OCI PRESS RELEASE.....................................................................11 Moving Electronic License/Registration Renewal Notifications
AGENCY OPERATIONS................................................................12 Why Working at Home with Pets is Good for You - And Business
RISKY BUSINESS.............................................................................18-19
Commissions and Insurable Interest Seasons’ Greetings from IIAW Emerging Leaders
ASK AN EXPERT.............................................................................21 Q: PAP Coverage for Damage Due to Freezing
GOVERNMENT AFFAIRS.............................................................22-23 Wisconsin Legislature Welcomes 24 New Members
INDEPENDENT INSURANCE AGENTS OF WISCONSIN 725 John Nolen Drive Madison, Wisconsin 53713 Phone: (608) 256-4429 Fax: (608) 256-0170 www.iiaw.com
2020-2021 EXECUTIVE COMMITTEE President:
Darrel Zaleski | Spectrum Insurance Group, Eau Claire
President-Elect:
Marc Petersen | American Advantage - Petersen Group, New Berlin
Secretary-Treasurer:
Nick Arnoldy | Marshfield Insurance Agency, Inc., Marshfield
Chairman of the Board:
Chris Costakis | Midwest Insurance Group, Delafield
State National Director:
Steve Leitch | Leitch Insurance, River Falls
2020-2021 BOARD OF DIRECTORS Mike Ansay | Ansay & Associates, Port Washington Mike Harrison | R&R Insurance Services, Inc., Waukesha Aaron Marsh | Marsh Insurance Services, Inc., Rice Lake Dan Lau | Robertson Ryan & Associates, Milwaukee Joanne Lukas Szymaszek | Johnson Insurance Services, LLC, Racine Chad Tisonik | HNI Risk Services, LLC, New Berlin Andrea Nelson | Unisource Insurance Associates, LLC, Wauwatosa Jonathon Zwettler | Baer Insurance Services, Middleton
VIRTUAL UNIVERSITY.................................................................24-25
IIAW Staff
ISO’s New MicroBOP: Get Ready to Rumble in the Micro-Business Market
Matt Banaszynski | Chief Executive Officer 608.256.4429 • matt@iiaw.com
MEMBERS IN THE NEWS..............................................................28-29 COMMENTARY FROM COUNSEL...............................................30 Insured From Home: Workers’ Compensation Liability for a Remote Workforce
FOOD FOR THOUGHT....................................................................31
ADVERTISERS INDEX AAA......................................................................31 ACUITY...............................................................13 Badger Mutual Insurance............................31 Berkshire Hathaway GUARD....................10 DAIS......................................................................16 IMT........................................................................32 JM Wilson...........................................................25 Keystone Insurance........................................7 Robertson Ryan & Associates...................18 SECURA...............................................................20 Security Financial Bank................................9 West Bend..........................................................17 Western National............................................26 2 | JANUARY 2021 |
wisconsin INDEPENDENT AGENT
Mallory Cornell | Vice President and Director of Risk Management 608.210.2975 • mallory@iiaw.com Kim Kramp | Association and Agency Accounting Manager 608.210.2976 • kim@iiaw.com Trisha Ours | Director of Insurance Services 608.210.2973 • trisha@iiaw.com Kaylyn Zielinski | Marketing and Communications Coordinator 608.210.2977 • kaylyn@iiaw.com Evan Leitch | Technology and Risk Advisor 608.210.2971 • evan@iiaw.com Andrea Michelz | Membership Engagement Coordinator 608.210.2972 • andrea@iiaw.com Diana Banaszynski | Education Coordinator 608.256.4429 • diana@iiaw.com Wisconsin Independent Agent is the official magazine of the Independent Insurance Agents of Wisconsin (IIAW) and is published monthly by IIAW 725 John Nolen Drive, Madison WI 53713. Phone: 608.256-4429. IIAW does not necessarily endorse any of the companies advertising in publication or the views of the writers. IIAW reserves the right, in its sole discretion, to reject advertising that does not meet IIAW qualifications or which may detract from its business, professional or ethical standards. © 2020
For information on advertising, contact Kaylyn Zielinski, 608.210.2977 or kaylyn@iiaw.com.
INSURANCE BARTENDER
WE CANNOT PREVENT LIFE’S CHALLENGES, BUT WE CAN ADAPT TO OVERCOME THEM Congratulations! You made it to 2021. 2020 will almost surely be defined by the COVID-19 pandemic. Despite the challenges presented by the pandemic, I see 2020 as the year I gained new perspectives, discovered five years’ worth of innovation in one year, and came to appreciate the little things in life that in a normal year often get overlooked. Recently, I was sitting in my office and was reminded of an article I read back in April titled, “What Hard Times Teach Us: 5 Pandemic-Inspired Lessons That Will Make You Better For The Long Term” by Tracy Brower. I thought I would combine some of her advice with my own words of wisdom that came to mind when I introspectively examined what I learned from this past year. I thought I would share them with you before I file away 2020 in hopes of making 2021 the best year yet!
Patience: If you have children, you may have an abundance of patience or lack it entirely, but one thing is for sure, this pandemic pushed it to its limit. Whether it was/is navigating and balancing the complexities of virtual learning with working remotely, waiting for the quarantine to lift, or anticipating your favorite restaurants to reopen and spring back to life. One thing was for sure, we are never going back to “normal”.
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wisconsin INDEPENDENT AGENT
Finding patience can yield a different perspective and even at times, new appreciations in life. As importance as patience is to your well-being, it is also important to understand and recognize the sign of impatience. According to Mindtools.com, “Patience is a vital quality in the workplace. It can reduce stress and conflict, lead to better working relationships, and help you to achieve your long-term life and career goals. Many of us struggle with impatience. Learn to recognize the physical and emotional symptoms associated with it, and to identify the situations that trigger it. When you understand the causes of your impatience, you can develop strategies to prevent or overcome it. These could include attending to your physical well-being by using deep breathing and relaxation techniques and developing your empathy and emotional intelligence skills”. Playing the long game: A term often used to describe how taking the necessary steps now will to set yourself up to long-term success. It means not sacrificing longterm gains for short-term wins. Tracy Bowers says, “With a narrow perspective, current reality can be even more challenging, but by taking a longer-term view, you can reassure yourself that current realities will shift, and good things will come—ultimately—from today’s experiences and lessons”. Warren Buffet once said, “Someone is sitting in the shade today because someone else planted a tree a long time ago.” Do not focus on the here and now, especially when the here and now are so tumultuous. Take solace in the fact that this too shall pass, you will get through it and you will be better because of it. The race is long, and in the end, it’s only with yourself!
Adaptability: A term that most certainly comes to mind when you look to define 2020. You cannot always control what happens, but you can control how you respond. Benjamin Franklin famously proclaimed, “Change is the only constant in life. One’s ability to adapt to those changes will determine your success in life”. This guiding principle is one that has propelled the American spirit forward for generations and will continue to do so. Some consider this soft skill the most important. As Bob Dylan famously sang, “The times, they are a changin’.” Being adaptable allows you to take control and chart your own course, instead of just letting things happen around you. Remember, change is constant, even without global pandemics, our industry is undergoing a significant amount of change. Be empowered in the face of change. In his article in Forbes entitled, “14 Signs of an Adaptable Person,” Jeff Boss identifies the following traits of adaptable people: they experiment, they see opportunity where others see failures, they are resourceful, they think ahead, they don’t whine, they talk to themselves, and they don’t blame others. They also don’t claim fame, they are curious, they open their minds, they see systems, and they stay current. If you do not possess these traits or would like to refine them, there are ways you can train yourself to be more adaptable. Consider reading, “How to Survive Change . . . You Didn’t Ask for: Bounce Back, Find Calm in Chaos, and Reinvent Yourself” by M.J. Ryan. Resilience: Research shows that resilience is enhanced by having a clear view of reality, a sense of meaning and an ability to improvise. In addition, according to Professor de Weerd-Nederhof of the University of Twente, resilience is both a personality trait and a skill. Hard times may be easier if it is part of your character, but it’s also a competence you can develop through today’s challenging times. The American Psychological Association has a great short read on “Building your Resilience” that is worth checking out. If you would like to become more resilient, consider these tips: • Get connected. • Make every day meaningful. • Learn from experience. • Remain hopeful. • Take care of yourself. • Be proactive.
Responsiveness: Reacting quickly and positively is an art and an interquel part of good customer service. Responsiveness is a must-have in your communication and customer service toolbox. You show responsiveness through prompt attentiveness when asked for something. This term likely took on new meaning during 2020. Perhaps you found it more important than ever to be responsive to the needs of your loved ones, co-workers, customers, and other business partners. Being responsive creates an opportunity to build trust and respect by acting quickly and proactively, thus eliminating concerns and anxiety during a time of uncertainty. Being responsive during these turbulent times meant the opportunity to create a deeper, more meaningful connection. Consider these 7 ways to be more responsive to your customers according to SmallBizDaily: 1. Ask your customers what they want. 2. Manage customer expectations. 3. Develop procedures. 4. Educate your employees. 5. Provide self-service options. 6. Use technology. 7. Stay human. Gratitude: Being grateful for the people and things in your life that have a positive impact is critical to happiness. Whether you’re appreciating the companionship of friends, extended time with family, or the bond you’re building with coworkers through shared struggles, there is a lot to be thankful for. Be sure to share your gratitude to those that have contributed towards it and do not be afraid to “pay it forward”. Happiness: Happiness is a mindset that can be difficult to explain or define. Much like beauty is in the eye of the beholder, it’s different for everyone. Happiness is an important component to a meaningful life - it can provide a sense of purpose. It’s also something that doesn’t come easy and needs to be earned. Regularly indulging in small pleasures, getting absorbed in challenging activities, setting and meeting goals, maintaining close social ties and finding purpose beyond oneself all increase life satisfaction. It isn’t happiness that promotes well-being, it’s the actual pursuit that’s crucial. If you want to learn how to boost your wellbeing with strategies from groundbreaking research, visit happify and read through the resources on The Science of Happiness and How to be Happy. Self-discipline: Self-discipline is about controlling your feelings to overcome your weaknesses - something many of us may have found challenging in 2020. Sure, you can binge-watch your favorite tv show instead of working remotely from home, but as Tracy Bower puts it, “This is a great time to learn new approaches to managing your behavior and building new habits”. Self-discipline is an essential quality, and it’s a key differentiator between people who are successful in life and those who struggle to be. Make sure that you take time to continually develop it! wisconsin INDEPENDENT AGENT
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According to MindTools.com: To develop self-discipline, follow these steps: 1. Choose a goal. 2. Find your motivation. 3. Identify obstacles. 4. Replace old habits. 5. Monitor your progress. Instituting and refining self-discipline won’t always go according to plan. You will have ups and downs, successes and failures. The key is to keep moving forward. When you have a setback, acknowledge what caused it and move on. It is easy to get wrapped up in guilt, anger, or frustration, but these emotions will not help build or improve selfdiscipline. Instead, use the setbacks in your plan as learning experiences for the future.
Self-care: Taking care of your physical, mental, and emotional health is more important than ever during these stressful times. Develop a process of purposeful engagement in strategies that promote healthy functioning and enhance your well-being. Physically speaking, be sure to get enough sleep, eat healthy and exercise. Social and mental self-care can be difficult in times of isolation. Find ways to get face-to-face (virtually and physically), nurture your relationships with friends and family, make time for activities that mentally stimulate you and find ways to proactively invigorate your life. Set goals to realize your ambitions or aspirations. Develop methods and outlets to allow you to process and recognize your emotions. Incorporate activities that help you recharge. Assess which areas of your life need attention and as your situation changes your self-care should as well. Self-care is vital for building a resilience toward those stressors in life that you can’t eliminate or predict.
Enhancing Your Community: You have probably heard the phrase, “It takes a village…” The truth is that it takes a village to achieve just about any meaningful change in your life. This term took on much more meaning in 2020. You leaned on your various communities, tribes, networks, cliques, associations or whatever you want to call it for support, and you worked harder to provide help and assistance to those that need it in your community. Your community may have evolved to include more people or it may have shrunk to focus more of your efforts on those who needed it most. Building, supporting, and connecting with your community is as important as it has ever been. Tracy Bowers perfectly concluded her article (far better than I can for this one) by saying, “You’ve pushed yourself beyond your limits—not by choice—but by necessity. The good news is these hard times can be the catalyst for new habits, behaviors and lessons. You’re finding perspective by learning to operate your patience button (or just find it) and taking the long view. You’re learning more about resilience and your response by expanding your adaptability and coming up with creative hacks. You’re reinforcing your appreciation for community by connecting with others and embracing gratitude. And you’re managing yourself in new ways with self-discipline and self-care. Perhaps best of all, you’re finding new paths toward happiness. All of these will pay off for you today, but also in the new normal of tomorrow.” My concluding opinion: advice is a form of nostalgia, and dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it’s worth! If I can offer you one tip for the future, it is this… Whatever you do, don’t congratulate yourself too much or berate yourself either. Your choices are half chance, so are everybody else’s!
> Matt Banaszynski CEO of IIAW
Matt’s Mixology
The COVID-19 Day Drinker
Day drinking seemed to be legitimized during COVID, right?! An article in the Seattle Times titled COVID Cocktails inspired me to share this one with you.
Ingredients:
• 1.5 oz. gin • 1.5 oz. rhubarb shrub (see below) • 2 lbs. fresh or frozen rhubarb in 1/2-inch chunks • 1 cup apple cider vinegar • 1.75 cup coconut sugar (or 1.5 cup cane sugar) Throw it all in a saucepan and let simmer for 20 minutes, then strain through a fine sieve. Bottle and store the shrub liquid in the fridge; keeps for six months or longer. 6 | JANUARY 2021 |
wisconsin INDEPENDENT AGENT
• 3 oz. club soda or sparkling water • Lemon peeltwist (no pith, please! Pith equals bitter) • 1 jumbo ice cube (extra credit if you make your ice cubes in a silicone muffin mold with some blueberries and raspberries in each one) • Mint or basil sprig, if you’re feeling fancy Mix it all together, enjoy! Recipe and photo courtesy Seattle Times
Recruiting new talent. Target marketing. Competing for new business. Perpetuation planning.
As an independent agent, the path forward isn’t always clear. With Keystone, the best resources are at your fingertips to help you carve out clarity from our industry’s complexities. We connect you to a community of like-minded independent agents, provide access to relationships that extend beyond your geographic reach, and employ the expertise that expands opportunities for you and your clients.
Success is a journey. Let us be your guide.
Because independence works better together. ©2018 Keystone Insurers Group ®. All rights reserved. This does not constitute an offer to sell a franchise in any state in which the Keystone Insurers Group franchise is not registered.
Contact JoAnn Hartung: 570-473-4340 jhartung@keystoneinsgrp.com keystoneinsgrp.com
FINANCE
DOES YOUR BANKER UNDERSTAND YOUR INSURANCE BUSINESS? Not every bank is equipped to finance the purchase of an insurance agency simply because they don’t understand the nuances of the industry. At Security Financial Bank (SFB), we’re different. When we say we get it – we really do. We understand that excellent management leads to business stability and customer retention. We see your book of business as a predictable earnings stream. But, it wasn’t always like that. Initially, our lenders and credit analysts were uninformed about what comprised the financial viability of an insurance agency. So, we decided to get educated.
And eventually, we even created a separate section in our loan policy to address this significant niche. Over the years, we have learned that for a bank to partner in lending with an insurance agency, it requires much more than turning on a switch to enter this lending arena. There is work to do and knowledge to acquire. At SFB, our commitment began with education and has taken years to refine by doing transactions that make sense. If you would like to learn more about how we can use our industry expertise to help you with your next project, please contact us. We look forward to partnering with you.
First, we needed to have a basic understanding of the industry. A CPA firm with industry expertise met with our lending and credit teams over several sessions to educate us on how agencies are valued and how to analyze and dissect an agency’s “book of business.” This was an invaluable exercise. Subsequently, we had the opportunity to educate our Board of Directors so all areas of the bank had a strong understanding of what makes an insurance agency prosper.
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wisconsin INDEPENDENT AGENT
> Paul Rudersdorf,
SFB CEO & President
AmGUARD • EastGUARD • NorGUARD • WestGUARD
Thank You! Agents
We appreciate your support in 2020 and wish you all the very best for the new year. Commercial Lines | Personal Lines
See state availability at www.guard.com
APPLY TO BE AN AGENT: WWW.GUARD.COM/APPLY
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wisconsin INDEPENDENT AGENT
OCI PRESS RELEASE
MOVING ELECTRONIC LICENSE/REGISTRATION RENEWAL NOTIFICATIONS Date: November 25, 2020 of the following methods: To: Insurance Licensees and Registrants 1. Email OCI directly at From: Mark V. Afable, Commissioner of Insurance ociagentlicensing@wisconsin.gov 2. Change your email with SBS through the SBS Beginning February 1, 2021,the Office of the portal Commissioner of Insurance (OCI) will send license 3. Individual licensees/registrants can go to NIPR renewal notifications only by email,rather than the and submit email changes through the current practice of sending renewal notifications via following link https://nipr.com/licensing-center/ email and U.S. Mail. change-contact-info OCI currently sends renewal notifications to all licensees/registrants via U.S. Mail and email using the business email address on file within 60 days of a licensee’s expiration date. Beginning in February, OCI will only be sending notices to your business email address. How Does This Affect You? If your license/registration expires January 31, 2021 or February 28, 2021, you will still receive your renewal notification via email and U.S. Mail within 60 days of the expiration date. If your license/registration expires on or after March 31, 2021, you will only receive an electronic renewal notification at your business email address. What Should You Do? Check your licensing/registration information using the SBS portal at https://sbs.naic.org/solarexternallookup/license-manager to ensure that all your contact information including your business email is accurate and up to date. You can change your email information using one
Current Information is Required Section 6.61 (1) and 6.61(15), Adm. Code. states that each intermediary or intermediary firm shall, within 30 days, notify the commissioner of insurance in writing any change in the intermediary’s name, residence address, contact email address, business address, or mailing address. You may also refer to the following link for specific guidance on license/registration changes: https://oci.wi.gov/Pages/Agents/ UpdateLicenseInformation.aspx#AgentAddress Please note: some emails may go into your spam or junk mail folder. Make sure you check those folders so you do not miss the email reminder and risk your license/registration becoming inactive. If you have any questions, please reach out to the OCI office at ociagentlicensing@wisconsin.gov or call their agency licensing team at 1-800-236-8517.
AGENCY OPERATIONS
WHY WORKING AT HOME WITH PETS IS GOOD FOR YOU - AND BUSINESS Remember when power-napping at work was a trend? Or when gym balance balls suddenly cropped up in workplaces to help improve posture? And who can forget when Stephen R. Covey’s The Seven Habits of Highly Effective People hit the shelves in 1989 and that’s all everyone talked about? This year, an inconspicuous workplace trend has emerged, and it’s one you may take for granted: working from home with pets.
active, and tend to have lower blood pressure and cholesterol levels.
Dog adoptions and sales have skyrocketed this year. It began in March with a sudden surge in demand, and by mid-summer, many shelters, breeders, rescues and pet stores reported more demand than could be filled. As we continue to settle into our work-from-home lives, many of us are now reaping the benefits of spending more time with our furry companions.
The verdict is in: being at home with pets can make working from home more enjoyable and productive – and that’s the way it should be. Our pets wake us up in the morning, sit at our feet as we sip our morning coffee, and they settle into sun-soaked naps as we join Zoom calls. They give us more unconditional love than we could ever deserve – and are right there with wagging tails through good days and bad.
Pet lovers have long intuitively felt the benefits and joys that dogs and cats bring – and there’s science behind these benefits. Scientists believe that the source of humans’ positive reaction to pets stems from oxytocin, a hormone that stimulates bonding, relaxation and trust – and eases stress. Working from home with a pet can also reduce anxiety, loneliness and depression, which is especially important now, as more people suffer from mental health issues and businesses struggle to provide support. Beyond mental benefits, studies also show that pet owners are more likely to stay physically 12 | JANUARY 2021 |
wisconsin INDEPENDENT AGENT
Here’s another surprising benefit. According to The Health and Mood Busting Benefits of Pets, studies have shown that pet owners over 65 make 30 percent fewer visits to their doctors than those without pets. What company wouldn’t be in favor of better health and fewer doctor visits for their employees?
So, the next time your dog barks during a conference call, you’ll have to forgive his minor transgression and remember all that he does for your health and well-being. Spending all day with your pet may just be the most underrated benefit of working from home.
> Connie George, CPCU, ARM, AU, AIM
WAHVE Placement Specialist
OPEN SEMCI Single-entry, multiple-company interface (SEMCI) is like magic!
Acuity, long recognized as a leader in agency interface technology, is committed to supporting SEMCI in commercial lines. SEMCI drives efficiency in the quote and application process and allows you to choose how you want to do business with Acuity. Acuity currently partners with several of the leading commercial lines insurtechs. We are building, exploring partnerships, or expanding with numerous other independent agency technology solutions. And Acuity is on the forefront of integration technology, continually building the connections necessary to be ready to connect to new insurtechs as they emerge.
CONTINUING
EDUCATION IIAW ONLINE EDUCATION & CE CLASSES 2021 DATE
TIME
COURSE
JANUARY 07 08 12 15 18 19 20 21 25 26 29
12PM-2PM Those Kids and Their Cars 9AM-12PM Commercial Lines Claims That Cause Problems 9AM-11AM Embracing Directors & Officers Liability Insurance 9AM-12PM E&O - Commercial Property Coverage Gaps & How to Fill Them 9AM-12PM E&O - Roadmap to Homeowners Insurance 12PM-2PM The Guy in the Bar Returns 10AM-12PM Business Auto Claims That Cause Problems 8AM-11AM Ethics in the Insurance Industry 12PM-3PM Agency Management Based E&O and Ethics 8AM-9AM Setting Business Income Limits: It’s Easier Than You Think! 9AM-12PM E&O - Roadmap to Homeowners Insurance
FEBRUARY 01 02 03 04 05 09 12 15 16 17 18 19 22 23
9AM-11AM Coverage Disputes Between Thompson & Briggs, You Be the Judge 8AM-10M Builders Risk and Contractors Equipment 12PM-2PM Personal Lines Issues That Keep You Up at Night 9AM-11AM E&O - Commercial Property Coverage Gaps & How to Fill Them 9AM-12PM E&O - Roadmap to Homeowners Insurance 9AM-11AM Embracing Directors & Officers Liability Insurance 9AM-12PM Commercial Lines Claims That Cause Problems 9AM-12PM E&O - Roadmap to Homeowners Insurance 12PM-2PM The Guy in the Bar Returns 10AM-12PM Business Auto Claims That Cause Problems 9AM-11AM Contracts Agents Should Read 9AM-12PM E&O - Commercial Property Coverages Gaps & How to Fill Them 12PM-3PM Agency Management Based E&O & Ethics 8AM-9AM Setting Business Income Limits: It’s Easier Than You Think!
For more information and to register for these classes, visit iiaw.com/education. QUESTIONS? CONTACT IIAW AT 608-256-4429 OR AT DIANA@IIAW.COM
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28 Years and Counting Unlike many other carriers, West Bend believes in the value of long-term relationships. That’s why many of our personal lines underwriters, like Kim, have worked with their agents for so long. Her agents know her well and depend on her to work with them to write the best business. And that makes the relationships that much stronger.
RISKY BUSINESS
COMMISSIONS AND INSURABLE INTEREST Reducing exposures for direct commission payments
Can I get a ‘woohoo’ for talking about E&O exposures? Hello?
If the commission is going directly to the agent, is there E&O coverage for that agent since its not funneling through the agency? Sound familiar? It might and so should the term “insurable interest”. That is what your E&O carrier would need to show in order to cover any E&O issues that may arise between the agent and this customer.
Anyone out there? Just me, huh? That’s ok, I’m not offended. I know there are a couple of you out there because I’ve had some great E&O exposure questions come in the past few months. The scenario below came in more than once so that’s my cue to make sure I share it with the greater audience – just in case you don’t want to call and ask.
E&O Coverage Tip: All company contracts should show the agency, not just the agent. Furthermore, business written between agents and costumers must be on behalf of the agency for that agent to be covered under the agency’s E&O policy.
Scenario: A licensed agent is writing life insurance on behalf of the agency but receives 100% commission and the commission check is sent directly to the agent.
If you have a question about E&O coverage feel free to give us a call. Its likely you’re not the only person who is wondering and E&O risk might be more fun to talk about than you think.
JOIN US, a WI Based Top 100 Agency
Are you or your agency ready for a positive change? Robertson Ryan has been offering innovation through our unique Agent Owner structure since inception in 1960. Time and time again after an agent or agency joins us they say, “We wish we did this years ago.” Our team recognizes the strength and power behind the agent and insured relationships so we’ve built, and continue to fine-tune, a support network rewarding those affiliated with RRA. Find more at, www.RobertsonRyan.com/AgentOwner ...and let’s connect. Call or email me 414.221.0363 or cillman@robertsonryan.com. I look forward to answering your questions!
Chris Illman, CEO
www.RobertsonRyan.com
Season’s Greetings from IIAW Emerging Leaders Selfless. Gracious. Caring. Thoughtful. Kind. These are words that describe two groups that I am so proud of: the IIAW Emerging Leaders Committee and the doctors and staff at the American Family Children’s Hospital. Many of our members graciously contributed to the Emerging Leaders fundraising drive to raise in-kind donations for the Child Life Department Fund at the American Family Children’s Hospital. With an initial goal of $500, it quickly became clear that this was going to bigger. How much bigger? Over 10 times bigger! The final donation was $5,725 presented to Lori Schultz, Fund Development Program Coordinator, on December 10th, 2020.
The Child Life Department fund is fulfilled only through donations and provides items for the brave patients and families receiving care at the American Family Children’s Hospital. This can include everything from toys for the holidays (we hear they LOVE Legos right now!) as well as gas cards and meal vouchers for those families needing to make frequent trips to the hospital for treatments. The Emerging Leaders committee is proud to support the work of the doctors and staff at the Children’s Hospital and is already making postCOVID plans to volunteer. On behalf of the committee and the IIAW staff, I want to say thank you to all of those who supported this effort.
A special thank you to Safelite.AutoGlass, IMT and Robertson Ryan & Associates for their gracious gifts to support this fund.
Mallory Cornell (right) of the IIAW Emerging Leaders present Lori Schultz (left), Fund Development Coordinator with the Child Life Department Fund a $5,725 donation.
> Mallory Cornell,
IIAW Vice President and Director of Risk Management
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JANUARY 2021 | 19
Commercial | Personal | Farm-Ag | Specialty
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VIRTUAL UNIVERSITY
Q: PAP Coverage for Damage Due to “Freezing” This past winter’s cold left a number of our personal auto clients with damage to the flooring in their travel trailers. The vinyl flooring split in various ways due to the extreme cold and movement of the underlayment in the trailer. Our carriers are split as to whether or not this is covered under the Other Than Collision coverage due to the ‘freezing’ exclusion this section contains. My question is concerning the ‘freezing’ exclusion and its intent. Some say the ISO intent was to exclude freezing of the plumbing or heating systems and not the entire trailer including flooring. Can you advise the intent and if this is a covered loss under the Other Than Collision section? Thank you.
A: The most likely victim of freezing would be parts of a vehicle that contain fluids, but the exclusion doesn’t expressly say that, just that damage caused by “freezing” is excluded: 2. Damage due and confined to: a. Wear and tear; b. Freezing; c. Mechanical or electrical breakdown or failure; or d. Road damage to tires. The only argument I could think of might be the language “due AND CONFINED TO” but I doubt that would help either. It’s kind of like ISO’s pollution exclusion. It has often been more broadly and restrictively interpreted than the original language was probably meant to be. But many, if not most, courts will look to the four corners of the policy for meaning and not beyond. One of our VU faculty members said that, to him, “freezing” means when a liquid turns into a solid. In the cited claim, the flooring is already a solid. “Freezing” isn’t defined, but here are some definitions from Merriam-Webster Unabridged: 1. To become congealed into ice by cold. 2. To become hardened into a solid body by the abstraction of heat. 3. To have its liquid content freeze. <in the winter the water pipes froze> <so cold the car radiator froze>
Granted, the flooring became more prone to breaking or splitting due to the cold, worsened by the movement of the subflooring, but an argument can be made that the damage wasn’t due to “freezing” per se. If there was an exclusion like that found in other forms for damage that arises from “extremes of temperature,” then damage could more certainly be excluded. Another point he makes is that auto windshields can crack in very cold weather, often due to direct sunlight. Would the PAP exclusion for “freezing” apply then? Could the insurer tell us what the exact “freezing temperature” is for tile, say, compared to water, etc.? See this excerpt from the Safelite Auto Glass website: Cold weather stress In cold weather conditions, windshields bend into a more concave shape. As a result, windshield chips and dings are more likely to spread in a horizontal fashion. According to a study conducted by the Motor Industry Research Association (MIRA), chips were likely to spread more than 80% of the time at temperatures of 14 degrees (-10° C). Windshield chips tested at 32 degrees were nearly 60% likely to crack. Warm weather stress Warm weather conditions cause windshields chips to spread into vertical cracks. The same study conducted by MIRA suggested that the heat distorts the shape of the windshield glass, which can lead to cracking by itself. The cooling effect of the air conditioning unit makes chips even more likely to crack. So, our consensus is that the “freezing” exclusion likely does not apply to this type of loss. At worst, it’s ambiguous and any doubt should be decided in favor of the insured who did not draft the policy language.
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| JANUARY 2021 | 21
GOVERNMENT AFFAIRS
WISCONSIN LEGISLATURE WELCOMES 24 NEW MEMBERS With the end of 2020 approaching quickly and lawmakers retiring, resigning or losing re-election in November, there will be twentyfour new members out of 132 that will be joining the Wisconsin Legislature for the upcoming 2021-2022 legislative session. On January 4th, the State Assembly (99 members) will swear in 16 new members while 8 new members will be joining the State Senate (33 members). Fifteen of those elected this election cycle have already held some type of elective office and 14 women are among the ranks of those newly elected to the Legislature or moving from the Assembly to the Senate. Of the 16 newest Assembly representatives, 10 are Democrats, including two newcomers who defeated incumbent Republicans. In the Senate, three new Democratic members join the ranks, all of whom have held elective office before. Senate Republicans will welcome five new senators to the chamber. Three of the five senators have previous elective experience, including Senatorelect Mary Felzkowski (R-Irma) who will serve as the new chair of the Senate Insurance, Licensing and Forestry Committee and Senator-elect Rob Stafsholt (R-New Richmond) who unseated incumbent Democrat Senator Patty Schachtner (D-Somerset). The 33-member Senate has not filled eight seats with new members in a single election cycle since 2011, according to information from the Office of the Senate Chief Clerk. And in that year, five of the eight also had previous legislative experience. Next session will be a busy one as lawmakers will need to deal with state budgetary constraints, partisan differences over policy under a split government, and the ongoing economic and health care challenges of addressing the global COVID-19 pandemic. See a brief overview of the incoming class of freshman legislators:
Assembly Democrats Assembly District 8 Sylvia Ortiz-Velez, 42, is a licensed real estate broker who has served on the Milwaukee County Board of Supervisors since 2018.
Assembly District 11 Dora Drake, 27, works as a member service coordinator at the Center for Self Sufficiency, described as a family-strengthening nonprofit, providing re-entry services for people out of prison or impacted by the justice system. 22| |JANUARY JANUARY2021 2021 || 22
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Assembly District 13
Sara Rodriguez, 45, is a nurse and public health care consultant. She also has worked as an epidemic intelligence service officer with the Centers for Disease Control and Prevention. She defeated incumbent State Rep. Rob Hutton (R-Brookfield).
Assembly District 17
Supreme Moore Omokunde, 40, is the son of U.S. Rep. Gwen Moore (D-Milwaukee). He has served on the Milwaukee County Board of Supervisors since 2015. In 2018, he ran for Assembly, but lost in the Democrat primary to now State Rep. Kalan Haywood (D-Milwaukee).
Assembly District 23
Deb Andraca, 50, has worked as a volunteer leader with Moms Demand Action for Gun Sense and as an environmental lobbyist with the Environmental Law and Policy Center of the Midwest. Andraca unseated incumbent State Rep. Jim Ott (R-Mequon).
Assembly District 44
Sue Conley, 60, is a retiree who has worked as a nonprofit community leader and volunteer for more than 30 years. She is currently the Janesville City Council president and has held the office for two terms.
Assembly District 48 Samba Baldeh, 49, is in his third term on the Madison City Council. In his second term, he served as council president. He is also an IT project manager at American Family Insurance Company. Baldeh immigrated to the United States 20 years ago from The Gambia in western Africa.
Assembly District 57
Lee Snodgrass, 51, is a Girl Scouts of the Northwestern Great Lakes communications director and serves as second vice chair for the state Democratic Party. IN 2018, Snodgrass ran unsuccessfully against State Sen. Roger Roth (R-Appleton).
Assembly District 76 Francesca Hong, 31, is a Madison chef and Morris Ramen restaurant owner. She also worked for over 10 years as a public school teacher.
Assembly District 90
Senate District 26
Kristina Shelton, 40, serves as program director for the YWCA Greater Green Bay. She is a graduate of Emerge Wisconsin which trains Democratic women to run for public office and has served on the Green Bay Area Public School Board since 2018. In her primary for the Democratic nomination she defeated incumbent State Rep. Staush Gruszynski, who came under fire after reports surfaced that he sexually harassed a legislative staffer.
Senate District 32
Assembly Republicans Assembly District 29
Clint Moses, 44, is a Menomonie chiropractor. He currently serves on the Menomonie Area School Board.
Assembly District 35
Calvin Callahan, 21, is serving his second term on the Lincoln County Board of Supervisors. He also holds a seat on his local town board and chairs the Republican Party of Lincoln County.
Assembly District 41
Alex Dallman, 28, formerly chaired the Green Lake County GOP and in 2016 served as deputy campaign manager for U.S. Rep. Glenn Grothman (R-Glenbeulah). He also served as Congressman Grothman’s outreach representative from 2017 until April 2020.
Assembly District 35 Rachael Cabral-Guevara, 43, is a nurse practitioner member of the Wisconsin Nurses Association. She was also a nursing instructor at UW-Oshkosh from 2008 to 2015.
Assembly District 69 Donna Rozar, 70, is a surgical RN with a career in nursing spanning more than 50 years. She also serves on the Wood County Board of Supervisors.
Assembly District 75 David Armstrong, 58, is a businessman and serves as executive director of the Barron County Economic Development Corporation. He also served two terms on the Rice Lake City Council.
Kelda Roys, 41, is an activist and businesswoman who previously served in the Assembly from 2009 to 2013. She ran an unsuccessful primary campaign for Congress in 2012. And in 2018, she finished third in the Dem primary for governor. Brad Pfaff, 52, was Governor Tony Evers’ former DATCP secretary-designee and a former staffer to U.S. Rep. Ron Kind (D-La Crosse). Pfaff also served on the La Crosse County Board of Supervisors. In 2019, the Senate voted along party lines to reject the confirmation of Pfaff as Secretary of DATCP.
Senate Republicans Senate District 10 Rob Stafsholt, 44, is a farmer and Assembly state representative finishing out his second term. He unseated incumbent State Sen. Patty Schachtner (D-Somerset) by nearly 20-percentage points.
Senate District 12 Mary Felzkowski, 57, is a Wisconsin businesswoman who has held Assembly District 35 since winning the seat in 2012. Incoming Majority Leader Devin LeMahieu (R-Oostburg) recently appointed Felzkowski to the influential Joint Finance Committee and also as chair of the Senate Insurance, Licensing and Forestry Committee.
Senate District 14 Joan Ballweg, 68, is a farm equipment business co-owner and former first-grade teacher. She has represented Assembly District 41 since 2005. LeMahieu recently named Ballweg as a member of the Joint Finance Committee.
Senate District 28 Julian Bradley, 39, is an operations manager who twice ran unsuccessfully for the Assembly in 2010 and 2016 in the La Crosse area. In 2014, he lost a statewide primary bid for Secretary of State. He is also the former La Crosse County GOP chair.
Senate District 30 Eric Wimberger, 41, is an attorney who ran unsuccessfully in 2016 against outgoing State Sen. Dave Hansen (D-Green Bay). This year, he easily defeated Hansen’s nephew in a bid for the senate seat.
Senate Democrats Senate District 16 Melissa Agard, 51, is a small business owner and Assembly state representative finishing her fourth term. She also served two terms on the Dane County Board of Supervisors.
>M isha Lee IIAW Lobbyist
wisconsin INDEPENDENT AGENT
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VIRTUAL UNIVERSITY
ISO’S NEW MICROBOP: GET READY TO RUMBLE IN THE MICRO-BUSINESS MARKET The economic disruption caused by COVID-19 has left millions of people unemployed—at what many say is the highest rate since the Great Depression. In considering the future, those who’ve lost their jobs may think about starting a homebased business as the crisis eases or perhaps working more independently. This could create an expansion of the microbusiness market—businesses with few or no employees that often operate out of homes or shared spaces. Agents and insurers are already eager to tap into this space because it’s rife with potential profit and attractive for many reasons. There are often no sites to visit and inspect; and many micro-businessowners prefer online service, letting agents pass-through sales to insurers quickly. Owners may have insurance needs they’re unaware of, providing agents with the potential to cross-sell coverages as the business grows. They can start with a businessowners package and expand into auto and life. Once trust is established, agents can help contribute to the business’s growth with tailored insurance solutions to ensure that insurance needs keep up with business expansion. This has been a proven way for agents to develop relationships and increase sales. All of this adds to the potential of the micro-business market. But because the segment is unique, traditional coverages and approaches often don’t work. Agents and insurers need to develop a deeper understanding of the market and find new ways to properly penetrate it—today and especially as it grows in the future. Market overview: The expanding micro-business universe Micro-businesses dominate the small business space in the sheer number of their operations: • 80% of all U.S. businesses have no employees. • 69% of entrepreneurs start their business in their home. • About 50% of all firms are home-based. As more entrepreneurs eschew traditional jobs to work in micro-businesses, they’re providing a widening variety of popular services that generally fall into three models: Home-based businesses: These operations are primarily conducted out of the home but can take place at other 24| |JANUARY JANUARY2021 2021 || 24
wisconsin wisconsin INDEPENDENTAGENT AGENT INDEPENDENT
locations, like a home baker selling products in a farmers’ market. Shared-space businesses: These are businesses that rotate to share space and include pop-up vendors, mobile shops, automated vending, and offices with coworking members. Gig economy workers: The gig economy generally refers to workers who hold temporary positions, organizations that contract with independent workers for short-term engagements, and other part-time models. All these segments are expanding rapidly, as indicated by research: • Through shared kitchens, the food delivery market could grow from $35 billion to $365 billion by 2030. • According to a 2017 Cake & Arrow analysis, 5 in 2014, 34 percent of the U.S. labor force—54 million to 68 million people—was composed of independent workers in the gig economy; that is anticipated to increase to 40 percent by 2020. Not just your typical small commercial market The factors that make micro-businesses work are what make them different from traditional commercial businesses. Without structure coverages, there are often limited property exposures. One of the challenges in insuring micro-businesses is also the mindset that often comes with an entrepreneur. Home-based businessowners may believe personal insurance policies cover the activity or the cost of coverage is too high. Pricing may be a barrier for insurers trying to enter the market. Also, new micro-businessowners can find insurance policies difficult to comprehend and purchasing insurance overwhelming. Many simply don’t understand the need for insurance. All this contributes to a reluctance to seek coverage. It also creates a vast untapped market for agents and insurers: Verisk research reveals that 43 percent of small businesses with under 100 employees are uninsured. Many more are extremely underinsured for the risks they face.
The solution? The right tools To arm agents and insurers with the proper tools to handle micro-businesses, ISO, a Verisk business, created the Micro-Businessowners Program. Designed for micro-businesses of four employees or fewer, it offers basic coverages without the extras that traditional brick-and-mortar businesses may need. This keeps costs low, provides property and liability coverage subject to the policy that was procured, and considers the unique needs of micro-businesses: 1. Micro-businesses are on the go: Since the potential customer’s business is often not tied to a defined location, this product considers the “on the go” aspect and is typically a better fit for coverage over a traditional home business endorsement on a homeowners policy. 2. Preference for low-touch options: The Micro-Businessowners Program is designed to limit the number of questions required during the application, enhancing the buying experience for insureds. The customer simply picks the type of business and decides whether to purchase the tailored upgraded enhancements, both of which provide blanket additional insured status. Additionally, the insured may choose to select the optional errors and omissions coverage. 3. Simple to understand: Because some new micro-businessowners can find insurance provisions difficult to follow, ISO provides an explanatory policy summary for
JM Wilson 100th-WI-Indep-Agent CMYK Outlines.indd 1
a policyholder’s ease of reference to certain highlighted coverages and exclusions within the micro-businessowners’ policy. 4. Wide breadth of micro-business models: The Micro-Businessowners Program addresses more than 80 classifications, with many more to follow. Examples include artisan makers, dog walkers, online retailers, coaches, stylists, yoga instructors, coffee roasters, graphic artists, and DJs. The Micro-Businessowners Program helps agents working with new customers from the all-important incubation period onward, helping build a customer relationship for life—no matter where the business moves. For more information on Verisk’s micro-business solution, visit our website here: http://vrsk.co/3r8GP8R. Author Info: Joseph Lam is director of commercial casualty product development and can be reached at Joseph.Lam@verisk.com Jessica Dias is a Lead II for ISO Commercial Lines products and can be reached at Jessica.Dias@verisk.com Article ©2020 Insurance Services Office, Inc. All rights reserved.
> Joseph Lam & Jessica Dias Verisk
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AGENCY SOLUTIONS
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ROBERTSON RYAN VP OF OPERATIONS NAMED ON INSURANCE BUSINESS GLOBAL 100
“Acuity focuses on creating a workplace culture that promotes growth and advancement of employees of all ages, genders, and backgrounds,” said Ben Salzmann, Acuity President and CEO. “Our workplace initiatives have had a significant impact on staff recruitment, development, and retention, including millennial women.” The ACORD Case Study Award is presented to organizations that have demonstrated how the implementation of ACORD standards significantly improved business processes. Acuity earned two awards—one for using ACORD-based services to support real-time online integrations with independent agencies and one for utilizing ACORD standards to interface with HSB to deliver additional products to agents and customers.
Milwaukee, WI (November 1, 2020) - The second annual Insurance Business Global 100 has been released. Insurance Business is placing a spotlight on outstanding industry professionals who are making a positive difference and helping drive change across the insurance industry.
“Acuity’s work to build integrations, using ACORD standards, between our rating and policy systems and those systems utilized by agencies and digital platforms allows agents to focus on providing guidance and coverage customization, rather than entering data,” said Marcus Knuth, Acuity Vice President – Enterprise Technology.
This Global 100 list features outstanding industry professionals from all of Insurance Business’ markets who are making waves in the industry, whether by driving growth and innovation within their own company or by championing issues that benefit the sector.
Acuity Insurance, headquartered in Sheboygan, Wisconsin, insures over 100,000 businesses, including 300,000 commercial vehicles, and nearly a half million homes and private passenger autos across 29 states. Rated A+ by A.M. Best and S&P, Acuity employs over 1,400 people.
Robertson Ryan & Associates is proud to share Dan Lau, VP of Operations, has made the Global 100 list. “Dan’s achievements at RRA are far reaching. To be an agency of the future we recognize that we need leading talent focusing on key business goals including: Revenue Drivers, Technology, Operational Excellence and Being a Great Place to Work,” shared Allan Degner, VP of Marketing at Robertson Ryan. “Dan’s leadership approach revolves around these core objectives that can be linked to activities during our agency forward. We are building upon a company culture that is strong and is committed to a pattern of growth that is supported by a unified and talented team. We are placing great focus on recruiting and developing the next generation of insurance leaders to continue driving our firm forward and further ahead in Top 100 US Insurance Agency rankings. Most of all, we want to be the company of choice for our team, carrier partners and insureds. Dan adds significant value to our executive leadership team, which is driving RRA into the future. We couldn’t be more proud of Dan’s achievement of being recognized as a Global 100 in the insurance industry,” added Degner.
SECURA INSURANCE PROMOTES FIVE COMPANY LEADERS
Neenah, WI (November 20, 2020) - SECURA Insurance promoted five company leaders: Amy DeHart, Senior Vice President and Chief Actuary; Dan Ferris, Chief Legal Officer; Tripp Humston, Regional Vice President–Sales; Tim O’Brien, Vice President– Controller; and Brett Purcell, Regional Vice President–Sales. “These five individuals embody the qualities we look for in SECURA leaders,” said Dave Gross, SECURA President & CEO. “Each bring a wealth of insurance industry knowledge to guide their teams, and they will play important roles as SECURA continues growing to serve our policyholders and independent agency force.” The promotions are effective Jan. 4, 2021.
ACUITY EARNS MILLENNIAL WOMEN’S ADVANCEMENT, PROCESS IMPROVEMENT AWARDS FROM ACORD
Amy DeHart, Senior Vice President and Chief Actuary DeHart began her journey with SECURA’s actuarial team in 2000 as an actuarial consultant. In 2013, she was promoted to Vice President-Actuarial services before taking on her current role as Vice President and Chief Actuary in 2018 where she oversees the company’s pricing, reserving, strategic planning, enterprise services, and related functions.
Sheboygan, WI (November 9, 2020) - Acuity announced that it has earned three awards from ACORD in 2020, including the ACORD Millennial Women’s Insurance Advancement Award and two ACORD Case Study Awards. ACORD is a nonprofit organization recognized as the global standards-setting body for the insurance and related financial services industries.
Prior to joining SECURA, DeHart worked as an actuary for John Deere Transportation Insurance, a specialty writer of long haul trucking. She received her bachelor’s degree from the University of Wisconsin-Madison. She is a Fellow of the Casualty Actuarial Society and a Member of the American Academy of Actuaries.
The ACORD Millennial Women’s Insurance Advancement Award recognizes companies that have made impressive strides in attracting and retaining millennials within the insurance industry. A video featuring some of Acuity’s amazing millennial women is 28 | JANUARY 2021 |
wisconsin INDEPENDENT AGENT
Dan Ferris, Chief Legal Officer Ferris joined SECURA in 1990 as the Corporate Attorney. In 1996, he also assumed the role of SECURA’s Assistant Secretary. In 2006, Ferris was named Vice President and General Counsel,
and he assumed the role of Corporate Secretary in 2011. He earned his bachelor’s degree form Georgetown University and his Juris Doctorate from the American University-Washington College of Law in Washington, D.C. Before joining SECURA, Ferris was a partner at a law firm in Washington, D.C. He is a member of the State Bar of Wisconsin, the Association of Corporate Counsel, and the Society of CPCU. Tripp Humston, Regional Vice President–Sales Humston joined SECURA in 2014 as a market manager before becoming Regional Sales Director for Indiana, Kentucky, and Michigan in 2018. Prior to joining SECURA, he worked for Liberty Mutual as a territory manager for 10 years. Humston has a Bachelor of Science Degree majoring in marketing and minoring in communication arts from Georgetown College in Georgetown, Ky., and holds the CIC designation. Tim O’Brien, Vice President–Controller O’Brien joined SECURA in 2002 as an accounting manager, and has held various roles in finance, including his most recent position as controller. O’Brien is proud of the consistent integrity of SECURA’s financial reporting, including successful audit results from external auditors, OCI, IRS, and state governments. Prior to joining SECURA, O’Brien worked for Midwest Security Insurance and Engelson and Associates. Brett Purcell, Regional Vice President–Sales Purcell joined SECURA in 2012 and since then he has been an invaluable partner for our agents. In 2018, he was promoted to Director – Sales, where he oversees a team of sales managers in Arizona, Colorado, Kansas, and Missouri. Purcell has a bachelor’s degree in business with a concentration in marketing from John Carroll University in Ohio, and an M.B.A. from Grand Canyon University. He holds the CPCU, CIC, AINS, API, and AIS designations. Prior to SECURA, he worked for State Auto Mutual Insurance and Universal North America Insurance Company. SECURA has an A (Excellent) rating from A.M. Best, is recognized as one of Ward’s 50 top performing property-casualty insurance companies, and is a Great Place to Work Certified-company. ABOUT SECURA INSURANCE SECURA Insurance is headquartered in Neenah, Wis. More than 550 independent insurance agencies in 12 states represent the company, which provides a broad range of competitive commercial, personal, farm, nonprofit, and special events products. It is known for providing exceptional service to its agents and policyholders since 1900, and is rated A (Excellent) by A.M. Best for its excellent ability to meet policyholder obligations. The carrier also is a Ward’s Top 50 company for outstanding results in financial performance and consistency over a five-year period, and it is certified Great Place to Work. Visit secura.net to learn more.
EMC PARTNERS WITH CONFLUENCE BREWING ON SPECIAL BREW TO BENEFIT NONPROFIT WILLKIE HOUSE
on a special brew to benefit Willkie House, one of the oldest African-American community-based organizations in Iowa. Willkie House offers after-school and summer programs for children 5-14 years of age, who are primarily from low-income households of color. “This is the second year we’ve done a ‘Local Cause Brew’ to benefit a nonprofit,” said John Martin Confluence Brewing Co-Founder, President, and Head Brewer. “With all of the conversations this year about social justice and racial inequality, we wanted to do something to support the Black community.” This year’s brew is a coffee Kolsch, a blonde beer with subtle coffee flavor. In addition to the proceeds benefitting Willkie House, the brew features beans from Des Moines-based BLK and Bold, the first Black-owned, nationally distributed coffee brand. The can features artwork from Ames-based Black artist Jamie Malone. “EMC is pleased to serve as corporate partner for this Local Cause Brew,” said Scott Jean, EMC President and CEO. “We insure a large number of breweries and wineries around the country, so it makes sense for us to support a local brewery that is trying to make a difference. And diversity, equity and inclusion is a big focus for EMC, so supporting the Black community – especially at this time – was important to us.” The Local Cause Brew will be available in the Confluence taproom on Dec. 4, and in stores the week of Dec. 7. Confluence brews are distributed widely in stores around the state of Iowa. The Local Cause Brew will be available in kegs and in four packs of cans, until it sells out. “The mission of Willkie House is to develop character and esteem in young people through the promotion of academics, social skill building, health, and recreation,” said John Douglas, Willkie House Executive Director. “We appreciate being the featured nonprofit of this Local Cause Brew as it enables us to share our story about the important work we do.” The funds raised will be used toward funding Willkie House’s middle school mentoring program, which focuses on preparing youth for future vocations in trades, STEM and more. The Willkie House is located at 900 17th Street in Des Moines. To learn more about volunteering, visit it’s website. Opportunities include reading and playing games with kids, helping with facility maintenance and assisting with administrative projects. The Willkie House also has regular needs for donations of board games, children’s books, art supplies, drinks, snacks and prize candy. Donations can be dropped off at the facility. ABOUT EMC INSURANCE COMPANIES EMC Insurance Companies is among the top 60 property/ casualty insurance organizations in the country based on net written premium, with more than 2,400 employees. Employers Mutual Casualty Company (EMCC) was organized in 1911 to write workers’ compensation protection in Iowa. Today, operating under the trade name EMC Insurance Companies, the company provides property and casualty insurance products and services throughout the United States and writes reinsurance contracts worldwide. EMCC is licensed in all 50 states and the District of Columbia. For more information, visit emcins.com.
Des Moines, IA (December 1, 2020) - EMC Insurance Companies has partnered with Confluence Brewing Company of Des Moines wisconsin INDEPENDENT AGENT |
JANUARY 2021 | 29
COMMENTARY FROM COUNSEL
INSURED FROM HOME: WORKERS’ COMPENSATION LIABILITY FOR A REMOTE WORKFORCE In addition to all of the other complications created by what has been a very complicated year, it’s likely that both you and your business clients have encountered the difficulties of coordinating a remote workforce at some point in 2020. From trouble with Zoom calls to remote notarizations, the problems associated with working from home can be frustrating. Unfortunately, with Covid cases on the rise, many workforces may again make the transition back to remote work environments. Many may have never transitioned back to the office at all. One issue that should not be forgotten as both your agencies and your clients prepare for a winter working from home is the possibility of workers’ compensation liability even when an employee is off company property. While ensuring employee safety from afar may seem impossible, there are steps that can be taken to reduce the risk. Remote Workers’ Compensation Liability Worker’s compensation laws vary by state, but under most state laws, including Wisconsin’s, employers are liable for employee injuries that arise both out of and during the course of employment. According to Wisconsin’s Department of Workforce Development, this liability extends to “[a]n injury occurring away from the company premises, but while the employee is still performing service for the employer and under the employer’s direction and control.” Moreover, an employee whose job requires travel is covered at all times during a business trip. While air travel and hotel stays may have seen a significant recent drop, many companies have likely seen their employees driving more for work. Importantly, traffic accidents occurring while on company time are compensable under Wisconsin’s workers’ compensation laws. All of this combines to mean that workers’ compensation liability can extend far beyond the brick and mortar. Now What? The prospect of ensuring a safe work environment for athome workers can seem daunting for employers, but it can also get lost in the shuffle of the logistical issues currently facing businesses around the world. Reaching out to your clients with a list of best practices for protecting at-home employees will not only generate goodwill, it may also reduce the prospect of future liability.
Specifically, here are some recommended practices when engaging a remote workforce: • Require express written authorization before an employee can work remotely • Update and maintain accurate employee job descriptions and expectations, and confirm that employees understand the specific responsibilities of their positions when working from home • Require employees to specifically define their home office space and provide employees with information and training about safe workstation set-ups, consistent with your in-office practices • Create and maintain a safety checklist for home offices to ensure employees’ offices are free from any recognized hazards • Remind employees, in writing, of their obligation to promptly report all work injuries consistent with your worker’s compensation and safety policies, even if they occur at the remote worksite • Remind employees, in writing, of who should receive any reports of injuries that occur in their home office environment • Require both non-exempt and exempt employees to record and maintain a detailed record of actual time worked, including a detailed record of meal breaks and other personal breaks during the workday. While a remote workforce can create innumerable complications, it is still important to ensure that employee safety does not get lost in the shuffle. Continue to follow updates from the IIAW and this column for more suggestions on how to best protect your agencies and serve your clients.
>J osh Johanningmeier IIAW General Counsel
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