September 2013 IIAW Magazine

wisconsin

INDEPENDENT AGENT SEPTEMBER 2013

DAVE DUNKER ZINGEN & BRAUN INSURANCE 2013-14 IIAW PRESIDENT

Your customers deserve a

Silver Lining.

®

wisconsin

INDEPENDENT AGENT SEPTEMBER 2013 Eric Schwartz, Editor

Open Door Policy Autumn Retreat: New Conference Set For October . . . . . . . . . 5 Member Profile SECURA Insurance: Relationship Building Is The Cornerstone Of Success . . . . . . . 6 Dave Dunker: 2013-14 IIAW President . . . . . . . . . . . . . . . . . . . 12 Commentary From Counsel IIAW Legal Services Hotline: What’s On Your Mind . . . . . . . . 16 News From ACT Impact Of HIPAA Omnibus Rule On ‘Business Associates’ . . 18 Marketing Minute Business Truisms That Aren’t True. . . . . . . . . . . . . . . . . . . . . . 22 Errors & Omissions A Hint For The Wise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 When something happens to your customer’s home, car, or business, it may not be a disaster. But no matter what it is, your customers always deserve fast and fair service from their insurance company.

West Bend provides a Silver Lining, no matter what the claim may be.

When a child at Kristin’s day care center fell off the swing set and broke his arm, getting good care for him and taking care of the medical bills quickly and painlessly was important. So that’s just what we did.

Sometimes little things mean a lot. And every day, when something bad happens to someone, West Bend makes sure your customers experience the Silver Lining. Because the worst brings out our best.®

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

On The Cover…

On Sept. 1, Dave Dunker took the next step on the Executive Committee and became the president of the Independent Insurance Agents of Wisconsin. As the new president, one of Dave’s goals is to make the Association a known political commodity. “We want to get the message out that we’re proactive rather than reactive to legislation,” he said. With 40 years of industry experience and many hours of committee service under his belt, Dave has the drive to make this happen. We wish him the best as we head into 2013 and 2014. For more about Dave, please turn to page 12.

As he moves to his position as chairman of the board, a huge round of applause and thanks goes out to Mike Froh for his service as president over the past year. He guided us through a busy and change-filled year and presided over one of the most successful conventions in recent memory.

We are grateful for his leadership and the time he gave to the Association.

> OUR ADVERTISERS AAA ................................................................ 30

2013-2014 Executive Committee

2013-2014 Committee Chairs

President....................................................... Dave Dunker P.O. Box 443, Brookfield, WI 53008-0443

Agency Operations....................................... Kim Dandrea 1300 South Green Bay Rd. #100, Racine, WI 53406

President-elect ........................................... John Wickhem P.O. Box 1500, Janesville, WI 53547-1500

Automation/Technology ............... Cathleen Christensen P.O. Box 949, Fond du Lac, WI 54936-0949

Secretary-Treasurer ......................................... Steve Leitch P.O. Box 85, River Falls, WI 54022

Employee Benefits............................................. Tim Bever 555 Main St. #320, Racine, WI 53403

Erickson-Larsen ............................................. 27

Chairman of the Board ..................................... Mike Froh P.O. Box 1320, Sheboygan, WI 53082-1320

Finance & Compensation .............................. Steve Leitch P.O. Box 85, River Falls, WI 54022

IIAW Continuing Education .............................. 17

State National Director ................................ Linda Steiner 555 Main Street #320, Racine, WI 53403

Government Affairs .......................................Skip Hansen 100 North Corporate Drive #100 Brookfield, WI 53045

Integrity Insurance ........................................ 24

2013-2014 Board of Directors

Industry Relations ............................................. Tom Sitter P.O. Box 2424, Oshkosh, WI 54903-2424

JM Wilson ....................................................... 20

Mike Ansay 101 East Grand Ave. #11, Port Washington, WI 53704 Jason Bott 330 East Kilbourn Avenue, Milwaukee, WI 53202 Thomas Holter P.O. Box 938, Beloit, WI 53512-0938 Lise Meyer Kobussen P.O. Box 633, Sauk City, WI 53583 Bruce Kommers P.O. Box 66, Antigo, WI 54409-0066

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 ......................................................Andy Burkart P.O. Box 1320, Sheboygan, WI 53081-1320 Young Agents ............................................ Janelle Higgins 6200 Mineral Point Road, Madison, WI 53705-4504

ACUITY Insurance ............................................ 31 Badger Mutual ................................................ 28 Burns & Wilcox ................................................10

Northern Underwriting Managers ................... 21 Pekin Insurance.............................................. 23 Robertson Ryan.............................................. 29 SECURA Insurance ............................................ 9 Swiss Re E&O ................................................... 15 The IMT Group .................................................. 8

Brian McClone 505 North Westfield Street, Oshkosh, WI 54902

Autumn Retreat.................................Back Cover

Jeff Rasmussen 525 Junction Road, Madison, WI 53717

West Bend ........................................................ 2

Michael Walston P.O. Box 236, Kewaunee, WI 54216-0236

Western National Insurance ............................. 4

Matthew Weimer 100 North Corporate Drive #100, Brookfield, WI 53045

Wilson Mutual .................................................. 16

WISCONSIN INDEPENDENT AGENT

SEPTEMBER 2013 | 3

OPEN DOOR POLICY

AUTUMN RETREAT: NEW PROFESSIONAL DEVELOPMENT CONFERENCE IN MINOCQUA Autumn is a time of change and our Association is keeping true to the spirit of the season.

The success of the Sales & Leadership Conference in June was a great reminder that change is good.

At your request, we worked hard to re-invent the Midwest Young Agents Conference into an event that catered to producers and managers alike. The result was the Sales and Leadership Conference in the Dells.

Breakout sessions proved to be big hits for participants and Todd Davis’ continuing education class drew rave reviews. A CPQ assessment and the young producers panel were also met with positive feedback.

This type of response motivated us to create a unique event for this fall. We didn’t want to rest on our laurels and plan a carbon copy of a past or even a recent event.

At last year’s fall planning meeting, the Smaller Agents Committee set the goal to plan an autumn or winter conference

for our agents in the northern part of Wisconsin. We wanted to build on past events like the Arizona Winter Getaway and other midwinter conferences and create a worthwhile professional event that also included some fantastic opportunities for fun and networking.

Dirk Nohre is also widely respected and sought after as a speaker and he has put together a new session just for the Autumn Retreat. Dirk’s session focuses on a topic that never goes out of style growing your business. It’s another mustsee seminar.

With the committee’s dedication and the efforts of the Independent Insurance Agents of Western and Northwestern Wisconsin, I think we accomplished that goal with the Autumn Retreat.

To relax, there is a full menu of entertainment and recreation. There’s a guided fishing tournament complete with prizes for most fish caught, heaviest fish and longest catch of the day. On a less competitive note, attendees can take a peaceful pontoon cruise on the Minocqua chain of lakes or travel to nearby Three Lakes for a tour of the Three Lakes Winery. Of course, you can always go off and explore on your own, too.

Set for October 23-25 in Minocqua, the Pointe Hotel & Suites on beautiful Lake Minocqua will serve as home base for this event.

Todd Davis is regarded as one of the best insurance speakers in the country and he will be back with us in Minocqua with a brand new class. Todd’s an energetic speaker and his Risk Management & Risk Transfer session will be informative and interesting.

With its mix of professional development, industry insight and welldeserved relaxation, the Autumn Retreat promises to be a great three days.

See the Autumn Retreat brochure inserted in this magazine for complete details THE IIAW SMALLER AGENTS COMMITTEE & THE INDEPENDENT INSURANCE and for information AGENTS OF WESTERN AND NORTHWESTERN WISCONSIN PRESENT: about reserving a room at The Pointe Hotel.

A U T U M N RE T RE A T

Join us in Minocqua for a new tradition.

Register now at www.iiaw.com.

O CTOBER 23-25, 2013 T HE P OINTE H OTEL & S UITES M INOCQUA , WI We can help with both.

With friendly underwriters who listen, and a full complement of products

R EGISTER

to serve your small-to-mid-size commercial insurance needs (including enhanced BOP, surety, and packaged coverages), Western National is your one-stop shop for getting business done. The proof is in the partnership.

WISCONSIN INDEPENDENT AGENT

AT WWW .IIAW. COM

> Matt Banaszynski is the Executive Vice President of the Independent Insurance Agents of Wisconsin. Contact him at matt@iiaw.com.

SEPTEMBER 2013 | 5

MEMBER PROFILE

MEMBER PROFILE

RELATIONSHIP BUILDING IS THE CORNERSTONE OF SUCCESS

SECURA INSURANCE:

> By Eric Schwartz

In business, past performance is important but it’s really all about the present and a strong future.

With this type of dedication, it’s no surprise that agents ranked SECURA as a top 10 insurance company in Deep Customer Connections’ “Making Business Easier” customer service survey.

“We carefully monitor the results so we can keep improving and getting better,” said John.

“We focus on quality rather than quantity when it comes to the agencies we appoint - we don’t appoint every agency that comes along. We only have 430 agencies in the 12 states where we write business, but our goal is to be number one in the agency.”

To achieve this and other ambitious goals, company’s need experienced, smart professionals to make it happen. Fortunately, SECURA has a good blend of experienced and new employees.

The average tenure of a SECURA associate is between 12 and 15 years of service. John Bykowski is among this group; he started at the company in 1997.

SECURA and its agents have raised more than $80,000 for the company’s Breast Cancer Research Foundation during the last four years. This year, the goal is to reach the $100,000 mark. To show their support, associates dressed in pink and rallied together for the BCRF.

SECURA Insurance has nothing to worry about in this regard. The Appleton-based super-regional has a proven track record of success of providing great products and superior service to its agents and policyholders. For the first half of 2013, SECURA has delivered more of the same.

“Through six months (of 2013), SECURA has written more than $250 million in premium with a combined ratio of 93,” said John Bykowski, president, CEO and chairman of the board. “Our agents have provided a great flow of business in a market that’s firming up. We’ve had relatively few weather events and nothing like we had in 2008 and 2009. Things are going well. We are up 11 percent in premium so far this year.”

SECURA’s spectrum of business is approximately 50 plus percent commercial, 30 percent personal lines, 10 plus percent farm and agribusiness, and five to seven percent specialty lines. While specialty products are the smallest slice of the pie that could change soon.

“This segment is growing rapidly,” said Bykowski. “Since the beginning of the year, our specialty lines business has grown 50 percent over last year.”

The SECURA Specialty Underwriting Office is located in Middleton, Wisconsin and has

6 | SEPTEMBER 2013

amassed more than $25 million in premium revenue in just three years of operation. Its specialty niche programs – like nonprofit organizations, sports and recreation businesses, and special events such as holein-one insurance – offer more opportunities for agents to grow their books of business.

On the personal lines front, the company’s MILE-STONE policy continues to be a winner. The product combines homeowners and auto insurance and affords broad coverage for customers. With this coverage, Bykowski notes, “agents don’t have to worry about E&O coverage. It’s an outstanding product.”

SECURA expanded its farm lines to include agribusiness, which is coverage for businesses that support farming operations, like grain haulers, seed dealers, and milk haulers.

“We have been writing farm since the company was founded in 1900,” said John.

“We are proud of this history and work hard to do it well. It’s been a profitable line of business for 113 years. Adding agribusiness in 2010 was a natural extension of our farm products.”

The largest segment of SECURA’s business is commercial lines, and workers’ compensation goes hand-in-hand with

it. For workers’ comp policyholders, the company implemented a Nurse Hotline in fall 2012. SECURA is the first Midwestern carrier to do so.

“Our agents have embraced this resource,” said John.

For all non-emergency work injuries, the hotline gives the supervisor and injured employee immediate medical guidance the moment an injury occurs. The nurse will advise the employee on the best course of action, which is often self-treatment.

“The ability to talk with a medical professional serves the policyholder well,” said John. “Because of the direct contact with a specially trained nurse, we expect to see a substantial reduction in claims.”

But for John and all of SECURA’s 560 employees, there will be no reduction in excellent service, especially to its independent agents.

“Every company says this but SECURA is all about relationships and that includes our agent relationships. The independent agent is our number one customer. All of our employees get that and know what’s important. No matter where I go I routinely hear, ‘Your people get it.’”

But for every veteran employee there is one that is just starting out. John knows that recruiting fresh talent is one key to fostering a productive workplace. To do this, John thinks local.

The company has a long history with the university. A conference room in the business building is named after SECURA, and John and other company leaders have been guest lecturers at the school. The university currently offers a minor in insurance through the School of Business, and the company is working with university officials to develop a major.

SECURA’s community involvement goes beyond academics and recruiting. The company and its agents have raised more than $80,000 for the Breast Cancer Research Foundation during the last four years. This year, the goal is to reach the $100,000 mark.

“We expect to reach that goal this year,” said John. “One in eight women will develop breast cancer in her lifetime. It is very likely that we will all know someone affected by the disease. But we know we can make a difference in the fight against breast cancer by spreading awareness.”

Whether it’s with independent agents, policyholders or the community at large, it’s apparent that relationship building is part of SECURA’s DNA and it starts at the top.

SECURA Insurance is located at 2401 South Memorial Drive in Appleton. The company writes business in Arizona, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, North Dakota and Wisconsin. SECURA is an exclusive company sponsor of the IIA of Wisconsin. To learn more about SECURA, please go to www.secura.net.

Dave Gross To Take Top Spot In July 2014 On Aug. 20, SECURA Insurance announced that president and CEO John Bykowski will retire from the company effective July 1, 2014. Bykowski led SECURA for 16 years of long-term profitable growth by building a people-focused culture and first-rate agent relationships. Bykowski will continue as chairman of the board after his retirement.

Upon his retirement, John will have contributed more than 40 years to the property and casualty insurance industry.

Currently, Bykowski’s leadership and focus on relationships — both within and outside the company — have made a dramatic impact on its success. Overall employee satisfaction has soared over the years to the current high of 97 percent.

Empowering people paid off. During his tenure, SECURA underscored its broadening appetite by entering Farm-Ag and opening a Specialty Lines division. In addition, the annual company revenue (direct written premium) is slated to reach half a billion dollars the year of his departure.

“SECURA focuses on UW-Oshkosh as a hot bed of talent,” he said. Oshkosh is just 20 miles from Appleton. “We have hired many people from the school and are able to get the best and brightest. As it turns out, people want to live and work in the Fox Valley.”

“It is a passion for me and I preach it at our employee meetings,” said John. “This culture of relationship building is our brand and we are proud of it.”

SECURA ANNOUNCES RETIREMENT OF CEO JOHN BYKOWSKI

TOP TO BOTTOM: John Bykowski, Dave Gross and Kathryn Sieman.

Signals of strong leadership abound outside the company, too. A.M. Best consistently rates the company A (Excellent) for its ability to meet financial obligations to policyholders. And agents rank it among the nation’s Top 10 carriers for ease of doing business. Since joining SECURA, Bykowski has held fast to his vision that the company is only as strong as the relationships with its agents. The agency force was honed over the years to include only the finest, and the goal is to continue to foster this success through his leadership transition and beyond.

Bykowski brought impressive property/ casualty experience to SECURA. From 1972-79, he held underwriting management positions at Milwaukee CONTINUED ON NEXT PAGE

WISCONSIN INDEPENDENT AGENT

WISCONSIN INDEPENDENT AGENT

SEPTEMBER 2013 | 7

CONTINUED FROM PREVIOUS PAGE

Mutual and Allstate Insurance. He worked as vice president of casualty operations at Wisconsin Employers Group from 1979 to 1983, and then moved to West Bend Mutual where he was senior vice president of marketing from 1983 to 1997. Bykowski is a graduate of Marquette University.

Bykowski has also been active in the community. He currently serves on the board of directors for the Trout Museum of Art and is the immediate past chairman. He is also a board member for the Fox Cities Community Foundation. He has served on boards for many other organizations, such as M&I Bank Fox Cities, the Fox Cities Performing Arts Center, United Way Fox Cities, and the YMCA of the Fox Cities.

He also served on the board of directors for the National Association of Mutual Insurance Companies (NAMIC) since 2003. He concluded the 2007-08 term as board chairman.

A transition plan for Bykowski’s retirement began Sept. 1, 2013, when Dave Gross was appointed SECURA’s President and COO, positioning him to become president and CEO after Bykowski’s retirement on July 1, 2014.

In this capacity, he adds responsibility for claims operations, with senior vice president Scott Huiras reporting to him.

Bykowski will remain CEO until his retirement and will remain chairman of the board indefinitely. Gross is currently senior vice president – underwriting operations and has been with the company since 1997.

Gross joined SECURA in 1997 as vice president – sales. In 2001, he was promoted to his current position with responsibility for both underwriting and sales. Gross successfully helped guide the company’s new product development, state expansion, and its agency force, ultimately helping to grow the organization to the $450+ million

company it will be by the end of the year.

Senior vice president and CFO Kathryn Sieman was appointed executive vice president on Sept. 1, 2013, making her the company’s second-highest ranking executive. She also will remain CFO and continue to lead the company’s finance and information technology areas.

Sieman joined SECURA in 1992. She was promoted to senior vice president in 2005 and named CFO in 2007. In 2012, the company’s information technology division became part of her team.

© 2011 SECURA Insurance

SECURA ANNOUNCES RETIREMENT OF CEO JOHN BYKOWSKI

“Dave’s past success, his dedication to our associates and agency partners, and his passion for our industry prepare him well to become SECURA’s next leader,” said Bykowski. “Kathryn’s financial acumen, strategic ability, and drive for internal efficiency make her a strong complement to Dave. I am confident the company remains in well-qualified hands with talented leaders able to take SECURA successfully into the future.”

!"#$%&' totally

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Intensity can set one apart from all others. Agents know this. That’s why so many choose SECURA to help their business grow. Call 1-800-558-3405. Write your own success story.SM WWW.IMTINS.COM

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8 | SEPTEMBER 2013

WISCONSIN INDEPENDENT AGENT

Commercial Personal

Farm

Specialty

MORE SALES MYTHS EXPOSED! I received an overwhelming response to my article, “The Top Five Sales Myths…

Debunked” (March 2013 Wisconsin Independent Agent). As a result, people have asked me to debunk more sales fables! To satisfy the demand, here are four more. true” behind the magic trick. You won’t get everyone, but you have an obligation take your best shot at saving people from the lowprice lunacy and ensure that their lives and dreams are protected.

Customer service is the most important thing you do.

Price is the most important factor.

Our expertise is the key to gaining access to exclusive markets.

HEALTHCARE PROFESSIONALS AND ORGANIZATIONS

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Milwaukee, Wisconsin | 262.347.0266 | toll free 800.544.5700 fax 262.347.0440 | milwaukee.burnsandwilcox.com

Commercial | Personal | Professional | Brokerage | Binding | Risk Management Services 10 | SEPTEMBER 2013

WISCONSIN INDEPENDENT AGENT

Studies show that only 7% of people buy on price while 93% buy primarily on factors other than price. Mass advertising and low-priced ankle-biters have brainwashed people to think that price is the only difference in products. It is your job to bring people back to reality and change their perspective. You have to remind them of what their Mom told them, and what they know deep down inside — you get what you pay for. It’s simple; less money equals less coverage, less service, more risk, and more potential headaches. If a family gets an auto policy quote from Agency A for $6,600 and another from Agency Z for $4,400, they’d better expect substantial differences other than price. To assume price is the only difference would be foolish.

The problem most agents encounter is that when someone brings up price, they go straight to cutting price. This leaves the person with the impression that price is the only difference. Instead, start by agreeing with them that price can be important, but it’s only one factor to consider. Then, as an expert, educate them on the real cost of an initial low price, build value, sell yourself and your company, and finally wrap up by emphasizing that the pain of inadequate or no coverage lasts much longer than the initial comfort of a budgetfriendly price.

Because people are not as familiar with your industry as you, they are completely unaware of many of the differences in products.

Price is the only thing they can instantly recognize and compare. Your job is to unveil the deception and show the “too-good-to-beWISCONSIN INDEPENDENT AGENT

The most important thing you do is find new business and generate revenue so you can stay in business and continue to service customers.

I’ve seen agents struggle and fail because they thought it was more important to service current customers than pursue new business.

When you break it down, most simply do not want to do the hard work involved in getting new business. Servicing customers all day long is an excuse, not a commitment to customer service.

Don’t get me wrong, customers are extremely important.

In fact, with the naked eye you probably can’t see the difference in importance between finding new business and servicing current customers, but there is a difference. The most important thing you can do is to consistently grow your business every day.

need. Your top agents can tell you what they need; the struggling agents need to be told what they need. New technology is not the answer to their problems; learning new sales skills and getting to work is. On that note, here’s the next myth…

Struggling agents will eventually “get it.”

The harsh reality is that most people don’t change. You can give an underperforming agent all the help, tools and motivational speeches in the world, but when it’s all said and done, they’re still going to be the same agent.

Also keep in mind that behavior without consequences doesn’t change.

If someone is allowed to hang out in the office, put in little effort and miss their numbers month after month, year after year, with no consequences, they’ll keep doing it.

And let’s dispel another fallacy. As a manager or owner, you’re not doing these people any favors by keeping them around and hoping they’ll “see the light.” All you’re doing is preventing them from growing and finding their way in life. No one’s ever said, “My life’s ambition is to be a struggling agent and barely scrape by.” The only things you are doing by keeping them around is killing morale and hurting your business. If you put up with this behavior, you condone it.

Look, no one wants to fire someone or be cold and insensitive to a struggling employee.

Well, most people don’t.

But the reality is that letting them go may be > For access to John Chapin’s free monthly the best thing you can newsletter, go to www. do for them and your completeselling.com. business.

John is an award-winning sales speaker, trainer and Remember, the most coach. He is a number difficult thing to do is one sales rep in three usually the right thing industries and author of to do. You’re running a the gold-medal winning business, not a charity.

“Sales Encyclopedia.”

Price is the only thing that customers can instantly recognize and compare.

Your job is to educate them about the benefits of good coverage and the pitfalls of low-price insurance.

Technology will help struggling agents.

Struggling agents are the first to clamor for new technology and new tools to make their lives easier. However, they are the first ones to blame the new tools and technology when they are not selling. The first conversation at home with their significant other goes like this: “How can they expect me to sell without the latest technology? My hands are tied. XYZ agents have the latest stuff, I can’t compete.”

This is followed by a second conversation that goes: “I couldn’t get on the road all week because I can’t figure out this stupid new software program. XYZ agents don’t have to deal with this, they’re out calling on people, not learning new software.”

If you manage agents, stop giving into your struggling agents when they tell you what they

SEPTEMBER 2013 | 11

DAVE DUNKER: 2013-2014 PRESIDENT OF THE IIA OF WISCONSIN > By Eric Schwartz

As the new president of the Independent Insurance Agents of Wisconsin, one of Dave Dunker’s goals is to make the Association a known political commodity.

“We want to get the message out that we’re proactive rather than reactive to legislation,” he said. “We want to be a force in Madison and Capitol Hill and put a face on the brand that is the Big ‘I’.”

"To celebrate Dave’s 60th birthday party, Jean and Dave cruised the waters off St. Pete’s Beach, FL in January with their children and spouses. From left: Major Bryan Dunker, T.J Dunker, Courtney Daggy, Nick Reistad, and Kim (Dunker) Reistad.

Political Involvement a Natural Fit “I’ve always been interested in politics,” he said.

“The legislative process is intriguing.” To show his commitment, Dave has served on the IIAW Government Affairs Committee since 2004 and spoke publicly and on the record about legislation.

Jean and Dave are on their way to golfing in every state.

They’ve shot under par in 40 states so far. Coincidentally, 2013 also marks their 40th year of marriage. Here they are on the links in Wintergreen, Virginia. !

In 2010, Dave (along with agents Mike Froh and John Wickhem) testified at the state Capitol regarding Assembly Bill 4 (co-authored by Rep. John Nygren), the Consumer Choice in Auto Insurance Act. His testimony in favor of the legislation helped propel the bill to passage in April 2011.

In a little twist of chance, Dave was actually contacted by Matt Banaszynski before Matt became the Association’s executive vice president. Matt worked in Rep. Nygren’s office in 2010.

“Matt asked me to testify about another bill but I couldn’t because of a prior commitment,” said Dave. “But I knew Matt before he came to the IIAW.”

Dave and Jean Dunker at the Zingen & Braun Insurance Agency in Brookfield. Dave started at the agency in 1973 and was named president in 1991; Jean has worked there

for about 20 years. On September 1, Dave began his term as president of the Independent Insurance Agents of Wisconsin.

Committee are committed and energized to getting younger professionals involved.”

Project InVEST is a school-to-work insurance program. The program teams with high school and colleges to provide a practical insurance curriculum for students. With the help of insurance professionals (called liaisons), students can land job shadowing opportunities, valuable internships, or even a career after graduating from the program.

It’s been well publicized that the insurance industry is aging but Dave is undaunted by this.

“I knew I was going into the insurance industry because my Dad was in the business. It’s exciting to meet new people and learn about different industries. I still get a thrill from a new sale or retaining a client after 40 years in the business.”

Beyond politics, Dave has other important goals for the upcoming year.

“Growing the IIAW’s membership base is a priority,” he said. “To do this, we need to embrace new ideas and not get complacent.

Matt, the board of directors, and the Executive

12 | SEPTEMBER 2013

“Project InVEST is a way to draw young talent to the industry,” he said. “I’m going to personally call local high schools about getting involved in insurance classes. Our board wants school administrators to know that InVEST exists and that there are opportunities in this industry.”

“A career in insurance is very rewarding,” said Dave about how that could resonate with a high school or college student. “If someone loses their home in a fire, we make it possible for them to rebuild and to get on with their life. That’s important. It doesn’t matter if you’re from a big or little city, people have similar situations.”

Wisconsin is among the national leaders in the InVEST program with 19 schools on board.

Dave is an excellent advocate for the industry because he is still passionate and competitive about what he does. This business is in his blood.

WISCONSIN INDEPENDENT AGENT

“I knew I was going into the insurance industry because my Dad was in the business. It’s exciting to meet new people and learn about different industries. I still get a thrill from a new sale or retaining a client after 40 years in the business.”

of Wisconsin. He served as president of the PIA in 1985-86.

Professional Achievement and Giving Back

“I attended the Arizona Winter Getaway in 2001 and met Bob Jartz (former IIAW Executive VP) and Ed Cantwell (former vice president),” said Dave. “That was my introduction to this Association. I met a lot of people and joined the Agency Operations Committee in 2002.”

In June 1973, Bud Dunker, Dave’s brother, brought him into Zingen & Braun Insurance Agency and showed him the ropes. The business started in 1908 as a real estate company and switched over to insurance in 1932.

Dave attended UW-Milwaukee and Waukesha County Technical College before joining the agency. He met Jean, his future wife, while attending tech school. They were married on November 17, 1973.

Just after he joined Zingen & Braun, Dave secured an interest free loan through Aetna. He then attended a six-week insurance course in Hartford, Connecticut and the rest is history.

As he steadily built up a book of business, he was able to pay off the loan and start a family.

As part of the IIA of Wisconsin, Dave earned the Agent of the Year award in 2012. His term as IIAW President began on September 1, 2013.

In 2008, Dave was nominated for a position on the IIAW’s Board of Directors and he accepted.

In addition to his association and agency experience, Dave has also served on advisory boards for West Bend Mutual, Milwaukee Mutual and Safeco Insurance. In 2010, he was recognized by West Bend with the prestigious Distinguished Agent Award.

After five decades in the industry and 40 years at the same agency, Dave has amassed some impressive credentials, including earning top awards from both of Wisconsin’s independent insurance agent associations.

In 1983, Dave received the Agent of the Year award from the Professional Insurance Agents

An avid golfer, Dave also works as an instructor for The First Tee, a youth development

WISCONSIN INDEPENDENT AGENT

“Insurance has been good to me and my family,” he said. “I try to give back to the community that has been so good to me.”

Family Matters Dave and Jean have a fantastic goal that they are trying to reach together - they want to golf in all 50 states.

So far they have teed off in 40 states so that makes it one state for each year they been married.

Pride and joy. Dave reads his favorite book to Chloe, his granddaughter.

Dave also volunteers his time and talents to the USO of Wisconsin and is currently on the board of directors. The USO’s Salute to the Troops golf event helps fund a variety of programs and services for soldiers from all branches of the military. Dave co-chaired the June 2013 event in Sussex, Wisconsin. The USO also sponsors Military Day at the Milwaukee Zoo so veterans can tour the zoo for free.

In 1991, Dave took the reins as president of Zingen & Braun, a position he still holds.

organization that gives young people of all backgrounds an opportunity to develop, through golf and character education, lifeenhancing values such as honesty, integrity and sportsmanship.

“That was forty wonderful years ago!” said Dave about his marriage to Jean.

They have raised three accomplished children who have all chosen different career paths.

T.J., their oldest son, is the national manager of the Mutual Fund Store in Salt Lake City, Utah. Bryan Dunker is a major in the U.S. Army and teaches ROTC at the University of South Florida. The youngest, Kim, is a fitness director at Princeton Club West in Middleton, Wisconsin. She also manages a triathlon team and has a little girl named Chloe, Jean and Dave’s first and only grandchild.

SEPTEMBER 2013 | 13

TECHNOLOGY TODAY

BLUR IS THE ENEMY OF A WELL-LIVED LIFE Technology is fantastic but it’s with us all the time. We all need to take a break, go on vacation and get away. But when you go on vacation, are you really taking any time off?

There’s a time to plug in to technology and a time to unplug. Are you unplugging on your down time?

It wasn’t that long ago that people left their laptops behind when they went out for dinner or to visit friends. But today we have our computers with us 24/7 in the form of smart phones and tablets.

No one can deny that today’s technology is fun. It’s loaded with eye candy, which is an addiction. It’s loaded with social media, which is an addiction. It’s loaded with text messaging, which is an addiction. It’s loaded with incoming calls, maybe even incoming video calls, which is an addiction.

since they were all in the car together for days on end. He explained, “We all had our various music devices with us, primarily our smart phones and iPods, so we were all listening to our own personalized music list the whole time.”

How interesting. They had an opportunity to have a family conversation, to reconnect on a personal level, and even to play some driving games, but they didn’t.

It’s almost like they took separate vacations; they just happened to do it together.

because I realized that even though he said it was great to see me and he was looking forward to our lunches, the reality was his behavior showed that wasn’t the case.

Here’s the point to my story: Do you understand the actions you take and what they’re saying to other people? It’s time we all start thinking about that, both in our business meetings and our personal lives.

Additionally, we need to educate our kids because they often think, “Hey, we’re kids.

We can do this stuff. We can let our devices dominate our life. All the other kids do it.”

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I say “addiction” because people do indeed get addicted to these things. There are many times when we know we shouldn’t answer, but we do. We know we shouldn’t reply, but we do.

We know we shouldn’t check status updates, but we do. It’s almost like the priority is not what we’re doing or who we’re currently with. The priority is whatever’s happening through the device.

Of course, deep down, we know that’s not true. But is our behavior reflecting it?

A friend of mine was looking forward to a driving vacation with his wife and kids. His children are getting older, and he knows that his window for taking a driving vacation with them is going to close fairly quickly. So he recently got them all together to drive across the country.

After he returned I asked him how his trip went. He said, “It was a good trip. We didn’t talk much though.” I asked how that was possible

Here’s another interesting example. I have a friend whom I’ve known for many years. I hadn’t seen him in a long time and he suggested that we make plans to get together. When we met for lunch, every time his phone rang, he answered it and had a conversation. Every time a text came in, he stopped our talk and replied to the text. Even though we were having meaningful discussions, he let technology interrupt. I don’t know if he realized it, but I was feeling like he didn’t value our time together as I had thought.

After he finished a few calls, I asked him who he was talking to. And of course, those calls were not urgent, in his mind or in mine. Yet he gave them more importance than he did our lunch meeting.

A few months later I saw him again. And the same scenario occurred. So what happened for me? I decided not to see him much anymore,

But we need to help young people understand that if you are really interested in a person, if you are engaged in something together, then you shouldn’t let technology constantly distract you.

14 | SEPTEMBER 2013

But we need to help young people understand that if you are really interested in a person, if you are engaged in something together, then you shouldn’t let technology constantly distract you. And if your number one priority is always your phone, then you need to realize that you are sending a clear message to the people you are with — that you’re not all that interested in them or what they’re saying.

We need to be modeling and teaching these kinds of things to the young and old alike. So let’s get real about when it’s appropriate to plug in and when it’s time to unplug. Otherwise, our life is just a blur that is constantly driven by our machines and our tools.

In my old age I want a diverse portfolio of unforgettable memories. The only way to gain those memories is to actively create them, and that means unplugging > Daniel Burrus is the CEO every now and of Burrus Research. Daniel is then and giving considered one of the world’s attention to the leading futurists on global right things at the trends and innovation. Find out more at www.burrus.com. right times.

WISCONSIN INDEPENDENT AGENT

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COMMENTARY FROM COUNSEL

IIAW LEGAL SERVICES HOTLINE: WHATâ&#x20AC;&#x2122;S ON YOUR MIND

It has been a shade over two years since we took on the IIAW Member Legal Services Hotline. If youâ&#x20AC;&#x2122;re not aware, the Hotline is a member benefit that allows a member agency to consult with an attorney once per calendar quarter, for up to fifteen minutes, free of charge.

Members can contact the Hotline by telephone or e-mail and, after we confirm membership status and triage the nature of the question, an attorney with appropriate expertise will conduct the call. Operating the Hotline offers an excellent opportunity to speak with agents and agencies that I may not have met, and also provides a glimpse into issues that might be on the horizon for the industry. I thought it would be worth letting you know what concerns lead agencies to reach out to the Hotline.

It stands to reason that insurance-related questions would dominate the hotline and, in fact, a majority of calls are related either to insurance regulation or insurance marketing.

However, a close second in terms of frequency are calls related to employment issues. Overall, issues run the gamut from tax, to political and campaign finance-related questions, to business succession planning, to managing difficult clients, to the potentially messy division of property and insurable assets in divorce.

In a recovering economy and increasingly competitive marketplace, finding new ways

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to distinguish yourself from your competitors without running afoul of often murky restrictions on marketing activities can be difficult. Frequent Hotline topics on the marketing side of the business include referral incentives and â&#x20AC;&#x153;rebatingâ&#x20AC;? â&#x20AC;&#x201D; or, more aptly put, how to avoid unlawfully rebating through customer incentives. Referral incentives are an integral part of maintaining and growing your business through existing customer and business partner relationships, but they have to be managed carefully.

On the employment side, the two most common Hotline issues are (1) managing or terminating problem employees, and (2) creation and management of restrictive covenants. The former can be a minefield depending on the size of the business, nature of the problems and litigiousness of the employee.

Fortunately, it is also a well-developed area of both law and human resources and, thus, there is rarely a situation that has never been seen before. The latter is a constantly evolving area of law â&#x20AC;&#x201D; a non-compete drafted a decade ago

would not look the same as one drafted today.

Indeed, a non-compete drafted fifteen years ago that may have been unenforceable on day one could be enforceable today due to developments in the law on restrictive covenants.

Agencies large and small turn to the Hotline for these issues and many more, a testament to it being a quality member benefit. If I had to predict what will dominate the Hotline for the next two years, Iâ&#x20AC;&#x2122;d bet that the Affordable Care Act and Exchangerelated questions will become frequent (and complicated â&#x20AC;&#x201D; you may have noticed a column or two, or three, on the ACAâ&#x20AC;Ś). With weekly updates on the delays and (unintentionally) staggered > Josh Johanningmeier implementation of the is the IIAWâ&#x20AC;&#x2122;s General ACA, 2014 promises no Counsel. Call the Legal shortage of questions.

Services Hotline at (877) 236-1669.

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NEWS FROM ACT

NEWS FROM ACT

HIPAA OMNIBUS RULE

WILL HAVE BIG IMPACT ON ‘BUSINESS ASSOCIATES’

>Note: This article is an educational piece to alert agencies to the requirements of HIPAA, the HITECH ACT and the HIPAA Omnibus Rule and to assist agencies in complying with these laws. It is extremely important for agencies to carefully review the applicable laws and regulations and to decide independently on the appropriate course of action for their firms. If specific advice is desired, the services of an appropriate, competent professional should be sought.

with the portions of the HIPAA Privacy and Data Breach Rules that are applicable to them.

The HIPAA Omnibus Rule goes into effect on September 23, 2013, and promises to bring a much higher degree of enforcement attention on independent agencies and brokerages which are “Business Associates” under HIPAA. HHS is now required to conduct periodic audits of both Covered Entities and Business Associates for compliance with HIPAA, and the state attorney generals are authorized as well to bring HIPAA related actions. Note: There is no need for there to have been a breach of Protected Health Information (PHI) to trigger such an audit and enforcement action. It is a matter as to whether the Business Associate or Covered Entity has properly implemented the HIPAA compliance requirements.

HIPAA does not apply to medical information relating to life insurance, workers’ compensation, auto insurance or other casualty insurance. However, these types of medical information are also highly sensitive and need to be carefully secured by the agency. These other types of medical information are typically protected by other federal and state privacy and data breach notification laws.

Who is a Business Associate under HIPAA? Agencies which sell ANY health insurance products (medical, dental, vision, long term care, Medicare supplements) for companies like Blue Cross/Blue Shield, Humana, Aetna, Principal, Delta Dental, etc., are likely to be Business Associates and their agent agreements will include provisions that require them as Business Associates to comply fully with the HIPAA Security Rule, as well as

18 | SEPTEMBER 2013

The 2009 HITECH Act made these HIPAA Rules directly applicable to Business Associates, rather than just via contract with Covered Entities and rendered Business Associates subject to the same civil and criminal penalties and fines that Covered Entities have experienced for failing their audits in recent years.

A Business Associate is a person or entity that performs certain functions or activities that involve the use or disclosure of PHI on behalf of, or provides services to, a Covered Entity.

For it to be PHI, the health information has to include elements that can be used to identify the individual to which the information belongs. “Covered Entities” include health plans, health care clearinghouses and certain types of health providers.

Even if an agency is not subject to HIPAA, it will find the resources mentioned in this article to be helpful tools in doing its risk analysis and formulating its security plan and procedures, so that it is compliant with the Gramm-Leach-Bliley Act (GLBA) and other federal and state privacy and data breach notification laws with regard to the protected personally identifiable information (PII) that it does handle.

Impact of HIPAA Omnibus Rule on Business Associates The HIPAA Omnibus Rule, effective on September 23, 2013, gives full force and effect to the significant new HIPAA Privacy and Security compliance requirements contained

in the 2009 HITECH Act, which amended HIPAA. Here is what the rule means for Business Associates:

> Business Associates are now subject to the same comprehensive Privacy and Security Rule requirements as Covered Entities, as well as to relevant sections of the HIPAA/HITECH Breach Notification Rule. Below we reference an online tool California has developed to assist organizations in complying with the many requirements of the Security Rule. > HHS and state attorney generals may now impose substantial fines against Business Associates who do not comply with HIPAA/ HITECH. Where there is HIPAA “Willful Neglect” – “conscious, intentional failure or reckless indifference to the obligation to comply” – HHS is obligated to investigate violations and the potential penalties become very severe.

Visit www.hipaasurvivalguide.com for noncompliance penalties. >

Business Associates are required to execute Business Associate Agreements with any subcontractors which are given access to their PHI. For example, if the Business Associate stores PHI on an online system managed by a vendor, then the Business Associate will need to execute such an agreement with the vendor.

HSS provides sample Business Associate Agreement provisions. Please go to www.hhs. gov for sample agreements.

> See “Health Care Providers, HIPAA Privacy and Security Compliance and the Effects of the 2013 HIPAA Omnibus Rule,” by Paul Hales, for an excellent overview of the many additional changes included in the new Omnibus Rule.

Please visit www.attorneyhales.com for the overview.

Key Areas of Emphasis for Business Associates According to Paul Hales, HHS has focused its enforcement actions on covered entities to-date and has cited them for “inadequate or no risk analysis and risk management programs, inadequate or no contingency plans [to protect the PHI in the event of loss or WISCONSIN INDEPENDENT AGENT

disaster], inadequate and incomplete policies, procedures, documentation and ineffective workforce training.” Note there does not need to be a data breach to trigger an enforcement action; however, if there is a data breach, you can bet that HHS and state attorney generals will be looking at all of these areas.

The HIPAA Omnibus Rule provides for an expansion of these enforcement actions to Business Associates. HHS’s past actions provide a good roadmap for the kinds of things they will be looking for from Business Associates as well. We recommend that Business Associates:

> Then implement a HIPAA/HITECH Risk Management Program, which incorporates “security measures sufficient to reduce risks and vulnerabilities to a reasonable and appropriate level.”

Hopefully, many agencies will be able to build upon the security plan and procedures that they have already established. In addition, HHS has created a seven part HIPAA Security Series which outlines the administrative, physical and technical safeguards that the HIPAA Security Rule requires, coupled with the requirements relating to the organization, policies and procedures, documentation, conducting a risk analysis and creating a risk management plan. Please go to www.hhs.gov for the security series.

California has created a great resource for Business Associates to use – HIPAA Security

>

Conduct a Risk Analysis, which requires the organization to “conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity and availability of electronic protected health information held by the entity.”

Tools to Help Business Associates Comply

> Minimize the amount of Protected Health Information (PHI) that the agency sees or retains to the maximum extent possible. If PHI must be retained in your system, encrypt the data or put it in a password protected PDF. Check with your vendor to see if it is already providing “encrypted data at rest” – which would be a big plus.

A Business Associate is a person or entity that performs certain functions or activities that involve the use or disclosure of Protected Health Information (PHI) on behalf of, or provides services to, a Covered Entity.

> Complete compliance gap assessments to ensure that your Risk Management Program has addressed all applicable sections of the rules. The Security Rule explicitly requires this gap assessment, called an Evaluation (45 CFR §164.308(a) (8)), and its simply good business practice to perform the same type of compliance gap assessment for the Privacy and Breach Notification rules. > Develop policies and procedures to implement the HIPAA/HITECH Risk Management Program and cover all applicable standards and implementation specifications in the Privacy, Security and Breach Notification rules. > Train employees on the policies and procedures at least annually and clearly define the disciplinary consequences to employees if they fail to adhere to the agency’s security policies. Maintain accurate records of the training that has been performed.

Rule Toolkit – to help them comply with the HIPAA Security Rule. It provides a checklist of all of the requirements and provides a field for the organization to document what the entity has done to comply with each requirement.

Note that the requirements include creating a continuity plan, so that PHI is preserved in the event of a disaster or potential loss of the data. Please visit www.ohii.ca.gov for the toolkit.

Cornell University Law School provides another excellent summary of the required HIPAA administrative, physical and technical safeguards which apply equally to Covered Entities and Business Associates. Go to www. law.cornell.edu for the safeguards.

As the agency develops its Risk Management Program, here are some important areas to emphasize:

>

> Identify and document where the PHI “lives” in your organization –- whether paper, electronic or orally communicated.

Document, document, document, so that you can demonstrate that you have taken all of these steps.

Execute a Business Associate agreement with any vendor that has access to your PHI by September 23.

> Always use secure e-mail when transporting PHI by e-mail. > Make sure back ups of PHI are encrypted and kept in a safe and secure place. > Keep PHI off of laptops, tablets, smart phones, thumb drives, etc. where there is a high risk of loss or theft. Develop and implement your Bring Your Own Device (“BYOD”) policies and procedures which should include your mobile device management plan. (See the ACT article, “Bring Your Own Device” Opportunities & Risks, on www.independentagent.com. Go to Resources and click the ACT link.)

CONTINUED ON NEXT PAGE

Some Additional Key Areas for Emphasis

>

WISCONSIN INDEPENDENT AGENT

> Keep the HIPAA Minimum Necessary Requirement of the Privacy Rule in mind, which requires the entity to limit access to PHI to only those employees who need to see the information and to limit disclosure of PHI to the minimum necessary to accomplish the purpose.

Please go to www.hhs.gov for the minimum requirements.

> By the ACT HIPAA Work Group. This article was produced by ACT’s HIPAA Work Group. ACT (Agents Council for Technology) is a part of the Independent Insurance Agents & Brokers of America, Inc. Please contact Jeff Yates, ACT’s Executive Director at jeff. yates@iiaba.net with questions and comments. ACT’s Website is www.iiaba.net/act. This article reflects the views of the author and should not be construed as an official statement by ACT.

SEPTEMBER 2013 | 19

NEWS FROM ACT

HIPAA OMNIBUS RULE WILL HAVE BIG IMPACT ON ‘BUSINESS ASSOCIATES’ CONTINUED FROM PREVIOUS PAGE

>

Regular monitoring of systems and traffic for unusual activity and auditing employees for adherence to the agency’s security procedures are critical to HIPAA compliance.

> Document the process you will follow if there is a breach of PHI in your Risk Management Program, making sure the process complies with the Breach Notification Rule, which requires Business Associates to notify the Covered Entity without unreasonable delay and in any event, no later than within 60 days. Review your agency agreements to see the time period your insurers require for notifying them of breaches – which is likely to be much shorter. The Covered Entity then has obligations to notify the affected individuals, HHS, and the local media (if the breach affects 500 or more people). Please go to www.hhs.gov for the breach notification rule.

Additional Resources Because of the complexities of HIPAA, agencies may want to engage a firm to assist them with their risk analysis and the development of their HIPAA compliance program. Some of the firms offering independent agencies and other businesses with consulting, tools and sample policies and procedures for HIPAA compliance are: Bob Chaput, Clearwater Compliance, LLC, bob.chaput@ClearwaterCompliance.com, 800.704.3394 Bill Larson, Profit Protection Risk Management Consulting, profitprotectionmanagement@ gmail.com, 801.341.2044 Judi Newman, Phaze II Consulting, Inc., judinewman@aol.com, 239.481.6001

Bob Chaput of Clearwater Compliance has recorded an excellent Webinar, “What Business Associates Need to Know about HIPAA,” which includes the impact of the new Omnibus Rule.

Go to www.clearwatercompliance.com for the Webinar.

In addition, ACT has created a prototype Agency Information Security Plan to provide a starting point for agencies. Note that agencies will need to add HIPAA specific requirements to this plan, as well as their policy for managing and securing mobile devices. For more information on managing mobile device risks, see ACT’s article, “Bring Your Own Device” Opportunities & Risks. ACT has also developed resources encouraging agencies to use TLS for secure e-mail with business partners. (For the prototype security plan and the articles, go to www.independentagent. com. Go to Resources and click the ACT link.)

The HIPAA Omnibus Rule goes into effect on September 23, 2013.

COMMITMENT A PROMISE WE DON’T TAKE LIGHTLY “As a hunter, I am always searching for the best target. Much like my role at J.M. Wilson where I’m committed to seeking out the best solutions for our agents.”

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MARKETING MINUTE

MARKETING MINUTE

BUSINESS TRUISMS THAT AREN’T TRUE AND THAT CAUSE TROUBLE

Some business ideas seem to have a life of their own, particularly since they sound so reasonable. They’re so much a part of the culture and so obvious that they go unchallenged, requiring neither proof nor explanation. Since they’re “self-evident,” they gain truism status. But once unmasked, they’re revealed to be what they really are –– untrue.

But that’s not all. Some truisms aren’t only false; they can also be downright dangerous.

Here are seven popular business truisms that deserve a closer look.

1. “It takes money to make money.” This one is so obvious that it has earned a permanent place in the pantheon of business lore. Yet, it has

taken a life of its own for a less than obvious reason. Strangely enough, it may survive because it offers unparalleled comfort.

“Comfort?” you say? How could not having money be consoling? If I believe that it takes money to make money and I don’t have money, then I’m off the hook; home free.

Why work hard, be persistent, make sacrifices, put yourself at risk, or even try when the cards are stacked against you?

There’s no guarantee to “get lucky” just by

working hard. Today, such effort may not guarantee getting or keeping a job, having your business

survive, or live comfortably in retirement. Or, to put it another way, entitlement is a myth.

In other words, if it takes money to make money, why waste your time trying to climb the ladder of success when you lack what it takes to do it? We put limits on ourselves when we permit an idea such as this to guide us.

2. “I know, but it’s a taxdeductible expense.” The worst money mistake I ever made was agreeing to make a presentation at a conference that was scheduled halfway across the country. The convener held out the occasion as an

22 | SEPTEMBER 2013

opportunity to meet and present to possible clients. He described it as “a free pass to the hen house.” This was his justification for not paying a speaker’s fee or covering travel expenses.

I can still hear myself justifying spending the money since at least the expenses were tax deductible. One way or the other, everyone in business is lured into footing the bill for things that may not be worthwhile. Just because something may be tax deductible doesn’t make it a smart move.

There are times when doing something for free makes sense, just don’t justify doing it because it’s tax deductible.

3. “The harder you work, the luckier you get.” How could anyone question this idea? It not only seems so obvious, but it’s ingrained in our culture. All that’s needed is to hear it enough times and we become believers.

Not too long ago, insurance agents were lured into the business with a compelling enticement: “Work hard in the business for 20 years and then the business will work hard for you for the next 20 years.” Many professions offered similar lures. It sounds like a good deal: if you pay your dues, there will be a positive payoff.

Of course, the reality is quite different.

There’s no guarantee to “get lucky” just by working hard. Today, such effort may not guarantee getting or keeping a job, having your business survive, or live comfortably in retirement.

fires or a flood from the window of airplane is quite different from what someone sees who races from a home engulfed in flames, waits to be rescued from the rising waters of a raging river or is a first responder to a threatening situation.

Some in business can take too much pride in being “big picture” people and do a disservice to those who don’t fly quite so high. Because they fight the frontline battles, put out endless fires, correct the mistakes, satisfy customers, make things happen or all of the above, they may the best resource for solving and identifying problems.

5. “You have to believe in yourself.” It’s a given that it takes a certain amount of selfconfidence to do well in business. But quite often, as we’ve all seen, self-confidence races out of control, leaving a trail of destruction in its wake.

There are those who know all the answers, believe they do everything right, make brilliant decisions, possess the formula for success, fabricate facts –– and focus attention on themselves rather than the company or their customers.

This can be a dangerous game today, particularly when it’s so easy to be tripped up by increased transparency. Once again, the emperor has no clothes.

6. “If you’re not part of the solution, you’re part of the problem.” Wow! That’s not only tough talk, but it’s also nonsense. We all face enough challenges without adding ideas that only make our task even more difficult and demanding –– and this is one of them.

For some people, there are only two teams, two views, two answers, two ways of doing things, and two attitudes: one is right and the other is wrong. That’s it.

With a duality mindset, we create the enormous problem of cutting ourselves off from the many “shades of grey” and reducing complicated problems to simple solutions.

7. “You can BS others but you can’t BS yourself.”

And, finally, here’s the granddaddy of them all. If only it were true –– but it isn’t! While self-deception is complicated, most of us are masters at the everyday garden variety: convincing ourselves –– and then others –– something we want to be true is, in fact, true.

And it’s a useful tool for shaping the way others see us.

Here’s just one example of how we BS ourselves in business: resumes and business bios (see LinkedIn): facts are fudged, twisted, exaggerated and ignored, claims are made that stretch credibility beyond the breaking point, and achievements are piled as high as an elephant’s eye (and every week, the pile grows higher). Many are little more than exercises in creative writing.

All of which suggests that it’s far easier to BS ourselves than it is others. And there may be nothing worse than selfdeception.

Seven business truisms that aren’t just untrue, they’re dangerous because they limit success, undermine credibility, create distrust and inhibit achievement.

> John Graham of GrahamComm is a marketing and sales consultant and business writer.

He publishes a free monthly eBulletin, “No Nonsense Marketing & Sales.” Contact him at johnrg31@me.com, 617.774.9759, or johnrgraham.com.

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Or, to put it another way, entitlement is a myth.

4. “Look at it from 30,000 feet.” Seeing the big picture is certainly helpful when it come to keeping things in perspective. At the same time, it can ignore the reality of coming faceto-face with problems. Looking at wildfire WISCONSIN INDEPENDENT AGENT

www.pekininsurance.com WISCONSIN INDEPENDENT AGENT

SEPTEMBER 2013 | 23

ASK AN EXPERT

THE HOMEOWNERS POLICY & COLLEGE STUDENTS College students are back on campus so let’s talk about risk. A question submitted to the Virtual University focused on theft and homeowners coverage.

Is a computer provided by my daughter’s school for use while she is attending covered for theft out of her locked room while she is out of the room? Toward the end of the school year, someone came through her suite mate’s room, through the bathroom, and into my daughter’s room and stole the computer she had signed out to her by the school. I just received a letter from the school stating that she had to pay $1,600 before she would be allowed to return to school. Does homeowner’s insurance normally pay for such losses? Do you have any idea why my agent would say this was not covered and it was the responsibility of the school?

Clearly, this is a covered loss under the “ISO standard” homeowners policy.

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The homeowner’s policy covers any personal property “owned OR USED by” an insured if it is damaged or lost due to a covered peril. The student was certainly using the property and theft is a covered peril. The term “insured” includes a resident relative, and courts have determined consistently that a dependent child away at school is

still a resident of the named insured’s household. And, under the theft peril, the policy says, “Property of a student who is an ‘insured’ is covered while at a residence away from home if the student has been there at any time during the 45 days immediately before the loss.” In this case, the student was there at the time of loss, so this theft restriction does not apply.

There is, however, one limitation that does apply. For personal property “usually located at” an insured’s “residence” Note to consumers: Be aware that insurance companies other than the residence premises, only 10% of the do not all use the same insurance forms. That is why it policy’s contents coverage can be foolhardy to purchase insurance over the Internet is available for losses. without the professional counsel of a qualified insurance In this case, 10% of the contents limit is more than agent who can properly match your exposures with the adequate for the loss of the best policy and price available for your individual needs. computer. Of course, there

is a deductible to contend with, typically $250.

In addition, policy conditions require that theft losses be reported to the police. Although “police” is not defined, it is presumable that notice to the campus police would suffice.

That being done, this appears to be a clearly covered claim, the only mystery being why the agent would say that it isn’t covered.

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

> David Thompson, CPCU, AAI, API is a full-time instructor for the Florida Association of Insurance Agents (FAIA) and one of the top personal lines technical experts in the country.

He is an avid runner and has participated in 10 marathons. His marathon days are over but his BBQ days are in full swing.

David considers himself a BBQ connoisseur and he smokes anything that swims, walks, flies, or grows.

SEPTEMBER 2013 | 25

ERRORS & OMISSIONS

ERRORS & OMISSIONS

A HINT FOR THE WISE

What a difference perspective makes!

Hearing about an errors and omission fiasco experienced by a fellow agent is one thing. Being personally called upon to sacrifice time and energy upon the altar of legal justice is quite another.

Unfortunately, the close association with certain insureds often allows the contagious virus of “it couldn’t happen to me” to be transferred to the best of agents....

An Error or an Omission can happen even with the most stringent guidelines and procedures in place. When an insurance agent acts like the “professional” that he or she should be and then, in spite of this, gets caught up in a legal liability dispute, it is regrettable. This is what appropriate E&O coverage is all about. On the other hand, when an agent goes about his or her business in a generally sloppy manner, with little concern for “professionalism,” it’s only a matter of time and circumstance before legal trouble comes knocking...or ringing.

26 | SEPTEMBER 2013

A popular song of a several years ago contains the lyrics, “I’ve looked at clouds from both sides now.” Well, I’ve looked at insurance agents from five sides now.

With 45 years in the property and casualty insurance business, I have looked at agents’ activities as a consumer, a company underwriter/representative, a wholesale excess and surplus lines broker, a retail agent, and now a litigation consultant.

Most of this agency association and experience has been with independent agents and, I must say, has typically been very satisfactory. However, when a glaring exception comes along, it is not a pretty sight.

Having been involved as a consultant and expert witness in several E&O cases, it has been emphasized to me the gap that exists between agents who are conscientious in doing a professional job, and those who “just don’t care.” Perhaps sharing a few “war stories” will help you. Of course, all names have been changed to protect the innocent...and the guilty.

Consider the case of an agent we shall call I.M. Busy. Ms. Busy was evidently standing on the sidelines while a company using questionable procedures canceled one of her commercial policies. When the insured had a devastating fire, Ms. Busy had to say that she didn’t know whether the policy was in force or not. Never mind repeated notices from the insurance company about the situation. Ms. Busy was not too busy to become involved in lengthy research and a time consuming personal deposition that did not make for a happy day. It could have been worse if the case had not been settled prior to trial.

Then there was agent B. Fine who made no effort to confirm the financial stability of an offshore excess and surplus lines carrier.

You guessed it — when a serious loss came along, the financial stability was not there and the company was certainly found to be “offshore.” In fact, it was so far offshore that none of its principals or employees could be located. Mind you, Mr. Fine didn’t just not investigate the company enough, or check

the correct sources, he didn’t investigate the company at all.

I recall agent E. Nuff who worked closely with an insured concerning many aspects of their workers’ compensation coverage.

Later, when one of the insureds went to prison, the company went to Mr. Nuff inquiring as to where he was looking while all of the “funny business” of classification and reporting was taking place.

Consider agent A. Plenty. Mr. Plenty seemed to be too busy working his life insurance and annuity business to see that proper liability policy limits were in place for an insured. After coming up a million dollars or so short to cover a judgment against him, the insured probably needed the annuity advice of the agent, and perhaps more life insurance. The agent probably needed a very good lawyer to help explain why he never looked beyond his few property and casualty companies to get adequate liability limits for this wealthy insured. In this case, the action (or lack of action) on the part of Mr. Plenty failed (in my judgment) to meet an acceptable standard of care for insurance agents in his state.

On the other hand, I have been involved with cases that have implicated agents who (it seems to me) have acted very appropriately to do a good job.

In spite of this, it is sometimes necessary to prepare and present a proper defense. Chalk some of these situations up to our litigious society, and some to a desire to “pass the

buck” on one’s own mistakes. There was agent I. Try Hard who was in and out of court for many years defending a situation where (it seems to me) an insured did not purchase “tail” coverage on a claims made liability policy, not because it was not offered, but because he did not want to part with additional premium. After studying several depositions, including my own,

an insured’s attention an obscure exclusion in one of his policy coverages. Guess what?

You are right again — after a loss not covered by this exclusion, the agent was sued. After a study of this case and considerable research, it was my opinion that Mr. Fineprint did the best he could. As a clincher, coverage that did not contain this exclusion was unobtainable from any carrier.

Formality is often unnecessary. A simple notation, a file explaining what action was taken or what information was supplied to an insured, no matter how crudely written, is far ahead of an agent’s testimony involving “I think” or “I must have,” or “I usually do that.”

It has been said that the three top requirements for desirable real estate are (1) location, (2) location, (3) location. If I were asked to give the three top requirements for agents to prevent becoming involved in E&O cases, it would be (1) document, (2) document, (3) document. Almost every case with which I have worked would probably never have reached the legal system if the agent involved would have properly documented the conversations and actions of which he or she later tries to convince the court. From a short note in a file or telephone log, to a letter confirming an agreement, to have something in writing makes all the difference in the world (and in the court room).

and spending several days at trial as well as working on the appeal, I am not sure why this was not also apparent to the court.

In my experience, there have been a few insurance companies that we might call Pass The Buck Mutual. In several cases, these companies have called the agent on the legal carpet for not “dotting an I or crossing a T” in an application. Then, after a loss, the company tries to conceal slipshod underwriting by refusing to fulfill its obligations to pay a legitimate claim, and by hitting the agent with a lawsuit.

Then there was the case of agent Might T. Fineprint, who failed to specifically call to

Formality is often unnecessary. A simple notation, a file explaining what action was taken or what information was supplied to an insured, no matter how crudely written, is very far ahead of an agent’s testimony involving “I think” or “I must have,” or “I usually do that.”

But you probably have been given (or sold) this advice before. Therefore, the purpose of this article is to jog your memory and to exhort you to remember and practice what you know. The relatively small amount of

time spent in prevention always pays off in the long run.

This exhortation is coming from one who has viewed the situation from many angles and has seen agents experiencing extensive

Prevent E&O exposure: Take the courses, review the procedures, run down the checklists, and continue to keep an air of responsibility and professionalism around all persons involved in your agency operation. trauma because of a situation that could easily have been prevented. Take the courses, review the procedures, run down the checklists, and continue to keep an air of responsibility and professionalism around all persons involved in your agency operation.

This article is not designed to defend or excuse anyone, and certainly not to reveal information or give opinions involved in these real-life cases that have been mentioned. This is an attempt to illustrate how things can happen and to encourage all agents to carefully and conscientiously “mind the shop.” As the proverb goes, “A hint to the wise is sufficient.” Let me urge you to embrace these “hints” to help remove one of the many concerns that surround your agency operation. The pen of documentation can be the pen of prevention.

> Billy L. Akin, CPCU, ARM is president of Professional Consultants & Services, Inc., a consulting company that provides insurance and reinsurance services for the insurance industry and attorney consultation and support. He is a certified mediator and is available for claims and expert witness consulting.

For information about his consulting services, contact Billy at 615.826.5966, fax 615.826.7294, or e-mail him at bakinpcs@aol.com.

WISCONSIN INDEPENDENT AGENT

WISCONSIN INDEPENDENT AGENT

SEPTEMBER 2013 | 27

FROM THE ARCHIVES

S W E N E H T N I S R E B MEM Capitol Announces Promotion, New Hires On August 5, Capitol Insurance announced the promotion of Brandon Selner to business analyst.

The Middleton-based insurer also also added new staff this summer.

The new staff includes: Carson Affeldt as business specialist, FasTrack Operations; Lindsay Lease as marketing communications specialist, sales & marketing; Lisa Borland as senior underwriter, contract underwriting; Jesse McNaught as business specialist, FasTrack Operations; Aaron Lemieux as business specialist, FasTrack Operations; and Jessica Montijo as account representative, P&C underwriting.

Visit Capitol on the Web at www.capitolindemnity.com.

ACUITY Insurance Staff Promotions Announced Amy Brooks has been promoted to systems architect at ACUITY’s Corporate Headquarters. Amy joined ACUITY in 2003 in the MIS department. She was promoted to programmer analyst in 2005 and senior programmer analyst in 2008. She graduated in 2003 from UW-Whitewater with a bachelor’s degree of science in management computer science with a minor in computer end-user technologies. Amy currently resides in Sheboygan.

Health Challenge Raises $20,000 For Palliative Care ACUITY received the Top Partner Award from the Missouri Association of Insurance Agents (MAIA). The award is presented to the insurance company that has demonstrated the greatest commitment to and support of Independent Agents in the state.

“ACUITY is well deserving of the Top Partner Award,” said MAIA President Doug Clift. “ACUITY has made a significant impact on many of our member agencies and has demonstrated an unwavering commitment to the Independent Agency system.”

“After one decade of doing business in the state, we are honored to be named as the Top Partner for Missouri agents,” said ACUITY President and CEO Ben Salzmann.

Wally Waldhart, VP - sales and communications added, “We are pleased to partner with the MAIA, which has been a tireless advocate for Independent Agents throughout the state.”

Find ACUITY on the Web at www.acuity.com.

The 1993 convention at the Hyatt Regency in Milwaukee featured athletic great Bo Jackson, the music of Mitch Ryder and the Detroit Wheels (“Devil With A Blue Dress On”) and Lesley Gore (“It’s My Party”). Pictured here

David Williams has been promoted to systems architect at ACUITY’s Corporate Headquarters. David started with ACUITY in 2003 in the MIS department.

He was promoted to programmer analyst in 2005 and to senior programmer analyst in 2009. He graduated in 2003 from the UW-Milwaukee with a bachelor’s of science degree in management information systems.

David currently resides in Sheboygan.

!

! "#!$#%&!

Tyler Raulin has been promoted to systems architect at ACUITY’s corporate headquarters. Tyler joined ACUITY in June 2003 in the MIS department. He was promoted to programmer analyst in 2005 and to senior programmer analyst in July 2009. He graduated in 2003 from St. Norbert College with a degree in computer science. Tyler resides in Sheboygan.

'! '! '! '! '!

Paul Hansen has been promoted to senior field premium auditor for ACUITY. Paul started with ACUITY in 1994 working in Green Bay as a premium auditor. After working in Arizona and Nevada for a year and a half, he returned to ACUITY in 1998. He now covers a territory of southeast Wisconsin and northeast Illinois. He graduated from UW-Milwaukee in 1992 with a bachelor of business degree. Paul resides in Union Grove, Wisconsin.

28 | SEPTEMBER 2013

are some of the ASCR designees with IIAW President Roger Abbott at the awards breakfast. Roger is the tall one standing in the back.

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WISCONSIN INDEPENDENT AGENT

ROBERTSON RYAN & ASSOCIATES, INC. SEPTEMBER 2013 | 29

FOOD FOR THOUGHT OF THE GOVERNMENT,

BY THE GOVERNMENT, FOR THE GOVERNMENT Whatever your political stripe may be, the following is jaw dropping.

Have u heard the latest about ACUITY?

In early August 2013, Rep. Keith Ellison (D-MN) said this during a meeting of the Progressive Democrats of America: “The bottom line is we’re not broke, there’s plenty of money, it’s just the government doesn’t have it.

The government has a right, the government and the people of the United States have a right to run the programs of the United States. Health, welfare, housing – all these things.” The comments are not taken out of context.

Ellison was pushing the “Inclusive Prosperity Act,” a measure that would levy a sales tax on the trading of stocks, bonds and derivatives. Ellison said the estimated $300 billion per year in revenues would be used to fund “international sustainable prosperity programs such as health care investments, AIDS treatment, research and prevention programs, climate change adaptation and mitigation efforts by developing countries, and international assistance.” International programs and assistance means the money would not be spent in the US. According to govtrack.us, the bill has no way of passing the House of Representatives.

Source: examiner.com

‘‘

LAND OF 15,000 LAKES

Some cause happiness wherever they go; others, whenever they go.

- Oscar Wilde

YES! Every1 is talking about them : )

PLACED

Wisconsin has 84,000 river miles that flow through 15,000 lakes and millions of wetland acres. The state’s rivers could circle the Earth more than three times.

Source: Wisconsin DNR

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See what they’re saying at: www.acuity.com

>*#1#%)#*$",%4+%?@ABACABC?DE% "-%FG$#*$",H&&&I#(5"$(#$=5";%+"149J Insurance underwritten by Auto Club Insurance Association or Auto Club Group Insurance Company.

30 | SEPTEMBER 2013

WISCONSIN INDEPENDENT AGENT

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