The Tennessee Insuror Jul/Aug 16

THE TENNESSEE

INSUROR July/August 2016

Vol. 27 No. 4

www.insurors.org

6 8 12

123rd Annual Convention Update Lose That Big Deal?

Seaton Named CSR of the Year

Homegrown

Titans Turn to Tennessee Native Jon Robinson to Lead OCTOBER 29 NOVEMBER 1

123rd ANNUAL CONVENTION

NASHVILLE

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The Tennessee Insuror

contents

THE TENNESSEE

INSUROR Vol. XXVII, Number 4 July/August 2016

features

Phone (615) 385-1898 Toll Free: 1-800-264-1898 Email: info@insurors.org Editor: Charles T. Bidek, CPCU Publisher: Daniel D. Smith Jr.

4 Homegrown INSURORS OFFICERS

President ............................. Christie Reeves, CIC, CPCU, CPIW Immediate Past President ......................... Cindi Gresham, CIC IIABA National Director ......................................... Lou Moran III Vice President, Region I ..................................... Chris Allison, CIC Vice President, Region II ................................................... Joe Hunt VP, Region III and President Elect ................ John McInturff III Treasurer .............................................. Battle Bagley III, CIC, CPA Secretary ...................................................................... Rush Powers Director, Region I ....................................................... Portis Tanner Director, Region I ............................................ Stephen Masterson Director, Region I .......................................................... Tim Roberts Director, Region II ....................................................... Chip Fridrich Director, Region II .................................. Matt Swallows, CIC, CRM Director, Region II ................................................. Steve Copeland Director, Region III ..................................................... Kevin Ownby Director, Region III .................... Kym Clevenger, CPCU, CACW Director, Region III .................................................... Eric Campbell Young Agents Chairperson .................................. Brent Chance

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Display advertising rates, deadlines and specifications may be obtained by writing to Insurors of Tennessee, 2500 21st Avenue South, Suite 200, Nashville, TN 37212, calling 615.515.2601, e-mailing dsmith@insurors.org or online at www.insurors.org The Tennessee Insuror is provided to all Insurors of Tennessee members and associate members as a member service.

Titans Turn to Tennessee Native Jon Robinson to Lead

6

123rd Annual Convention Update

8

Lose That Big Deal?

10

INSBANK Building & "Building"

12

Seaton Named CSR of the Year

14

Daniel Learns About Ins.: Floating Homes: Sink or Swim?

departments 21

From Your President

See You There?

23

From Your IIABA National Director

25

From Your CEO

29

Education Calendar

31

Government and Legal Affairs

37

Program Spotlight

INSURORS OF TENNESSEE 2500 21st Avenue South, Suite 200 Nashville, TN 37212-0539 www.insurors.org

Here's What to Do to Make it Right

InsurPac National - A Million Dollar Impact?

Get a Room!

UPS Discount Program

39 Program Spotlight

Swiss Re E&O Policy Enhancements 51 Meetings 53

Member Tips

The PAP and Street Racing

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Robinson and Coach Mularkey with new Titan Jack Conklin

Homegrown

Titans Turn to Tennessee Native Jon Robinson to Lead

The January 18th press conference was going well. Tennessee Titans President Steve Underwood was formally presenting the team’s new head coach Mike Mularkey and rookie general manager Jon Robinson. It was typical fare as these events go – everyone was fired up, the plan was going to work, change was on the way, etc. The questions were being asked and answered well and everyone was on-point.

In other words, the Titans men were “winning” the press conference. Then came the moment that that would normally make any experienced public relations person shudder with fear – Robinson wanted to end the press conference with a statement.

Robinson turned 40 years old on that day, had little media experience to speak of and now he was going to make a statement. The echo of PR experts around the entire NFL screaming, “No! No! No!” could almost be heard inside Saint Thomas Sports Park’s auditorium. The Titans PR team, however, knew what Robinson was going to say and believed it was important. They believed that how that he would say it would be just as important.

The statement was from the heart.

“I just had a couple closing notes here,” Robinson started slowly. “If you only remember one thing from this presser, please remember this. This goes out to our fans. This is my 4

home, and you guys are my family. I’ve been a Titans fan ever since ’97 when this football team moved here. We’re going to build this team the right way. All decisions that we make will be made in the best interest of this team – your football team.

Please let us earn your support.”

Robinson glanced at his proud family members who had assembled at Saint Thomas Sports Park for this special day.

“I grew up on a small 10-acre farm in West Tennessee (in Troy, population 1,342). I watched my dad get up every morning and drive to a tire plant where he worked for 30-plus years.

My mother packed his lunchbox before he walked out. I helped work that farm as supplemental income. I know what hard work is. Coach (Mike Mularkey) knows what hard work is.

I was part of an organization in New England for 12 years that is still the standard of excellence today. We’re ready to go to work for you because you’re our family. Thank you.”

Had those words been written in a text, in a tweet or in a Facebook post, some might have called them “corny” or “contrived.” Instead, by watching Jon Robinson deliver them from a page, fighting back tears, with family and friends in the room, the words hit home. He had no idea what a positive response that this statement would receive from the Titans fans all around this state.

“I just wanted people of this great state to know that I am truly The Tennessee Insuror

passionate about the success of this franchise and this city, making this team nationally relevant in this league,” Robinson reflected several months later. “When teams come into Nissan Stadium, they know that they’re in for a 60-minute dogfight and we need our fans behind us. They are our family – my family - because I grew up with them as a fellow Tennessean.

I think that it (the statement) resonated with people out there and we’ve kind of stuck to the plan in the off-season and leading in here to the preseason and are excited about what’s to come.”

Titans fans responded to his sincerity with true appreciation.

Their new GM won them at “Hello.”

The Real Work Began The next several weeks were primarily quiet for the former Patriots scouting ace and Buccaneers Director of Player Personnel. He attended the Senior Bowl in Mobile, the NFL Combine in Indianapolis and made appearances at events like the Titans Season Ticket Member luncheon and dinner. Outside of waiving veteran safety Michael Griffin on February 9th, he made few moves football-wise. On March 7th, however, Robinson struck a deal that shook everyone in the football-world: he traded for Philadelphia running back DeMarco Murray, the 2014 NFL Offensive Player of the Year and a two-time Pro Bowler.

“We had gotten word back at the (NFL) Combine back in February that DeMarco may be available and kind of started talking to Philly there and finding out how viable an option was that,” Robinson said. “Once there was some interest and we were able to talk with DeMarco, we followed all of the proper paperwork that we needed to grant access to do all of that.”

More Pieces Put in Place Robinson promised that free agency strikes from the Titans would have a strategic look. Tennessee had the money to come with a “shock and awe” sort of attack, but Robinson stuck with his plan to be smart and surgical. He signed Houston center Ben Jones, Miami wide receiver Rishard Matthews and Arizona safety Rashad Johnson to fill specific needs. Veterans like quarterback Matt Cassel, cornerbacks Antwon Blake and Brice McCain and linebackers Sean Spence, Curtis Grant and Nate Palmer were all brought on board. Nose tackle Al Woods was re-signed.

It wasn’t a sexy haul of names, but it was effective. With all glaring holes filled, Robinson would have the flexibility to handle the upcoming draft as he saw fit. And he utilized that flexibility two weeks before the draft even started.

On April 14th, Robinson shipped the #1 overall pick in the draft, along with the Titans fourth- and sixth-round picks to Los Angeles in exchange for the Rams first-round picks in 2016 and 2017, their two second-round picks in 2016 and their third-round picks in 2016 and 2017.

Robinson’s haul in dealing the #1 overall pick was deemed by pundits as enormous. The Titans would have six of the 2016 draft’s top 76 selections, and would also have five picks in the first three rounds of the 2017 draft.

The Titans did their homework on Murray and came away impressed. Robinson was also impressed that Murray researched the Titans and all of their offensive coaches.

“We thought the (2016) draft class was a relatively deep draft class. We were going to be able to get several good players that would contribute to the effort here,” Robinson explained.

“And then spinning it forward to 2017, having some future currency in next year’s draft. When I interviewed for the job, I talked to Amy (Adams Strunk) about being a 'draft first' team and supplementing that with free agency. I fundamentally believe in that. But in order to put that into practice, you have to be able to have picks to use so it was a good move for us and we’re glad that we did it.”

“He researched us pretty good, too, and he researched Coach (Mike) Mularkey and my background, Coach (Sylvester) Croom, Coach (Terry) Robiskie and all of the people who were going to touch him on a daily basis. He did his homework on us and it really felt like a good situation for him. After meeting and talking with him, we knew that it was a good situation for us so then it was just working through parameters of what it would take to get him here.”

Titans fans rejoiced, in large part due to all of the national attention that the blockbuster deal garnered the franchise.

Robinson would provide more excitement two weeks later on April 28th. On draft night, Robinson made a deal with Cleveland, moving from #15 overall up to #8 to select the player that Tennessee has been targeting for weeks – Michigan State offensive tackle Jack Conklin. The price was one of the Titans third-round picks in 2016 and a second-round pick in 2017.

Those parameters were pretty impressive in the eyes of league observers. Robinson merely swapped spots in the fourth round of the 2016 draft with the Eagles. Tennessee moved from pick #100 back to #113. The Titans acquired Demarco Murray without even surrendering a draft pick.

Robinson had been working to craft the trade for days, getting the Browns’ price down so that Tennessee would retain most of the bounty from their earlier deal with the Rams. He made it happen. But there would be more on night two of the NFL draft. The Titans had three, second-round picks and had two very specific needs with the first two: outside linebacker and interior defensive lineman. Robinson hit pay dirt with Clemson

Tennessee Titans fans were excited about their general manager in January and February. By March, he had become a star in their eyes with the DeMarco Murray trade.

The Tennessee Insuror

continued on page 46 5

123rd Annual Convention Update

An Update on the Guest Speakers, Special Sessions and Optional Events Available to Attendees

The Insurors 123rd Annual Convention will take place on October 29th - November 1st at the Omni hotel in vibrant downtown Nashville. In addition to our trade show, networking opportunities and guest entertainment, the event also offers some great speakers, sessions and outings to attendees.

Please check out what we have on this year's agenda.

Guest Speakers and Sessions Noted columnist, author and small business owner, Gene Marks, will present, “Clinton vs. Trump - How Each Candidate Would Affect Your Business in the Next Two Years,” at the Insurors 123rd Annual Convention. Gene will speak on Sunday, October 30th from 1-2 pm CST. Gene writes every day on business, politics and public policy for the Washington Post and weekly for Forbes, Inc. Magazine, Entrepreneur, Fortune, and the Huffington Post. Gene has written five books on business management, specifically geared towards small and medium sized companies. His most recent is The Manufacturer’s Book of Lists. Nationally, Gene appears on Fox News, MSNBC and CNBC discussing matters affecting the business community. You can check out on of his articles, "Lose That Big Deal?" on page 8 of this issue.

In addition to our Sunday afternoon session featuring Gene Marks, we have now added two Monday morning breakout sessions for Monday, October 31st. The day will now feature sessions on the U.S. Department of Labor Overtime Rule changes, as well as a session on how your business can protect its data.

In one session, Steve Burgess, Founder and CEO of Nashville IT firm Guidant Partners, will discuss, “5 ‘Simple’ Things Your Business Should Be Doing to Protect Data.”

This session will help prepare your agency against breaches in cyber security by updating you on the best practices for protecting your clients’ data.

In a concurrent session, Insurors General Counsel Ashley Gold will present, “Preparing Businesses for the DOL Overtime 6

Rule.” This session will cover the new rule which will require employers to pay overtime to many employees who were not previously entitled to it, and is set to take effect 12/1/16.

Special Outings and Activities Our Monday activities include some intriguing options.

Wine lovers can learn about the history of wine and the valuation and insurance of their collections from Maggie Reynolds, Senior Fine Art and Collections Specialist for CHUBB. Afterwards, the experts at Nashville’s City Winery will lead a tasting seminar, all presented by Martin & Zerfoss.

The course is approved for 1 CE in Tennessee.

Golfers can enjoy the beautiful and challenging Richland Country Club at our annual golf tournament. The Jack Nicklaus Signature designed 18 hole, championship course is 6,825 yards skillfully crafted into the Club’s varied terrain.

Our shooters can take part in the annual clay shooting tournament at the scenic Nashville Gun Club, presented by Markel Specialty.

Association Day and Annual Meeting On Tuesday morning, November 1st, Big "I" Executive Committee member Vaughn Graham will address the crowd at our Association Day meeting. Vaughn will discuss the industry and the state of our national Association. In addition, he will swear in our new Board of Directors during our Annual Meeting. And don't forget, we'll also have over $7,000 in door prizes to give away at the end!

More convention information, including an updated schedule of events, is available online now by visiting our convention page at http://www.insurors.org/IOT/Convention/IOT/ Convention/IOT_Convention_Home.aspx Convention hotel reservations may also be made online now at the special convention rate of $250 by visiting https://www. omnihotels.com/hotels/nashville/meetings/insurors-of-tennessee or using the code 102816INSURORS when booking.

Rooms for the event are going quickly! u The Tennessee Insuror

OCTOBER 29 NOVEMBER 1

123rd ANNUAL CONVENTION

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7

Lose That Big Deal?

Here's What to Do to Make it Right written by Gene Marks, Owner of the Marks Group

This article originally appeared on Inc.com and is reprinted with the permission of the author.

In baseball, even Hall of Famers get a hit just a third of the time.

Few teams have ever had undefeated seasons in the NFL. And as bad as my hometown 76ers were this year, 10 teams still managed to lose to them. Ask anyone who plays sports and they'll tell you about losing. It's just part of the game.

In business, are you a loser? Of course you're not. But you can't win 'em all. And if you're in sales, and if you've been running a business long enough, you soon realize that even the best get beaten. So how do you handle defeat? What do you do when you lose that big deal? You must do these 5 things.

1. You Are Gracious and Keep the Door Open When you lose that big deal it hurts a lot. You spent a lot of time and effort on the proposal. You know in your heart that you're the better company for the job. But for whatever reason, your competitor was chosen. Do not bash, gripe, whine or moan. Don't ask for another chance or if the prospect would "reconsider." Unless you have a different gut feeling you can bet that your prospect put an equal amount of time and thought into the decision. Be gracious. Say that you're disappointed but that you respect their decision. Stay neutral on your competition. But specifically ask if it's OK to stay in touch and check in once a while just to make sure things are 8

going OK. No prospect is going to deny you that.

2. You Check Back in Two Months Of course you have a customer relationship management (CRM) system, right? Or at least a good way to track future tasks. Your goal is to make sure this prospect never falls through the cracks. And you start with a specific email or phone call about two months later just "checking in" to make sure that things are going OK. You'd be surprised at how many projects start with the best of intentions and quickly turn south. And every company, regardless of the vendor they choose, wants a backup plan in case things go bad. If things are going well, then say you're happy for them (I know...you're not). If things are bumpy check ask if it's OK to follow-up again in a few weeks. If things are going poorly... you're baaaaack!

3. You Never Fall Out of Touch Assuming things are OK and the prospect is moving along with your competitor resolve to never lose touch with this company. They are a future prospect! Schedule a personal check-in for every 6-9 months. If you have a newsletter (and you should have a newsletter) make sure they're on the list (with their permission of course). Make them part of other mailings, event invitations, announcements and educational materials. Even though they're not a customer they should be hearing from you 4-5 times a year through a combination The Tennessee Insuror

of emails, calls and mailings. Connect with them on LinkedIn, follow them on Twitter and make it a point to send them links to interesting articles and thought pieces. These people were once interested in your products and services. They will be back again, believe me. People change jobs. New faces appear. Your competition will slip. And when that happens your job is to make sure that they think of you again – first – because you've been doing such a good job staying in touch with them.

4. You Track and Analyze Your Losses Good CRM systems have good reports. And a very popular report among smart business owners I know is a Lost Sales Report. In your CRM system you have been tracking opportunities or forecasts. And when those opportunities are resolved, positively or negatively, you are closing them out.

And most importantly if you lost the deal you're noting in that closing activity the reason why you lost the deal and to who.

Every 2-3 months you are reviewing your lost deals and looking for trends. Is one specific competitor whomping you?

Is there a competitive product that seems to be more popular than the rest? Is it price? Is it something else? A "Lost Sales" report is a tough one to read, so you have my permission to pour yourself a stiff one before undertaking that kind of review. But you'll learn a lot from your defeats. And you'll adjust.

5. You Move On Yes, life goes on. You will feel horrible for the first 24-48 hours and that's OK. Wallow in your misery. But then you'll go to my favorite site: Shorpy. Look at all those restored digital photographs from a hundred years ago! Look at all those shop owners and business people and office workers and pedestrians on the street! And remember what they all have in common. They're all dead! And so will you be in a hundred years. So shake it off, learn from the experience and move on.

Your goal is to have so many potential deals in the pipeline that you can focus on others where you can win. There will always be plenty of deals in the future. And you're going to lose some. Hopefully you'll win more than you lose. Such is life.

See the Author of This Article, Gene Marks, Live See Gene speak live on Sunday, October 30th at our opening session of the Insurors 123rd Annual Convention.

About the Author Gene Marks writes for the Washington Post, Forbes, Inc. Magazine, Entrepreneur, Fortune, and the Huffington Post. Gene has written five books on business management, specifically geared towards small and medium sized companies. Nationally, Gene appears on Fox News, MSNBC and CNBC discussing matters affecting the business community. u

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INSBANK Building & "Building" Banking Partner Continues Changes for Growth Positioning

INSBANK, the banking partner of our Association, has gone through some major changes in the past year and a half. Luckily, those changes have been the good kind, and have positioned the bank for even more growth. The bank has been growing steadily since its founding in 2000, adding about $100 million in assets since the end of 2013, and the stage is now set for even more expansion.

Steady employee growth has necessitated more space for the operation, and in 2015 INSBANK announced that they would add a second office just outside of Nashville in the suburb of Brentwood. The new 19,000 square foot space is currently being built on the west side of Interstate 65 at 5614 Franklin Pike Circle, the site of the former Hobby Express store.

"It was also important for us to pick a site that’s not so far away from where our current market is," INSBANK president and CEO Jim Rieniets told The Tennessean in December. "This new location will help better serve our clients and help with the exposure of our brand."

INSBANK's new building will provide office space for current and newly hired employees of both InsBank and Finworth Mortgage, the bank's mortgage division. Rieniets said the bank is aiming to open up its new location in the third quarter of 2016.

$13 Million in New Funding In addition to raising a new building, the bank has also been

busy raising new capital. Rieniets and his team set out to raise $9 million in May of this year to buy back some preferred shares from the U.S. Treasury and set the stage for more growth. Instead, the bank found a strong market for shares and finished a successful campaign by raising $13 million.

The additional amount means that the bank will not have to return to the capital markets anytime soon looking for new funding.

“It doesn’t change our plans,” Rieniets recently told The Nashville Post. “Our message to investors was one of continued growth and quality oversight – more of the same, really.”

Bank Shares Now Being Traded Publicly As if the other news wasn't big enough, INSBANK also announced in July that their holding company, InsCorp, Inc., has begun trading on the OTCQX Best Market (an over-the-counter marketplace), under the ticker IBTN. “Enhancing options for shareholder liquidity has been a strategic objective of ours, and having access to the OTCQX market is a significant development for our company and its investors,” said Rieniets.

Hovde Group LLC, a firm specializing in banks, will serve as InsCorp's corporate broker on the OTCQX. You may view updates on the common stock online at http://www.otcmarkets. com/stock/IBTN/quote. u

A rendering of the new INSBANK building currently being constructed in Brentwood

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1/20/16 5:22 PM

Seaton Named CSR of the Year

Suzanne Elizabeth Seaton, CIC, CISR, of The Allison Insurance Group in Jackson was named 2016 National Alliance Outstanding Customer Service Representative of the Year for Tennessee. Suzanne started right out of college in the insurance industry and has more than 25 years of experience.

After graduating with an education degree from Lambuth University, Suzanne took a temporary job with Blue Cross Blue Shield of Memphis until she could obtain a teaching position in Jackson. Her intent was to get a teaching job at the start of the next school year, however when offered a full time position in insurance she opted to stay. In 1999, BCBS of Memphis was sold to BCBS of Tennessee and she took a position with The Allison Insurance Group as a Commercial Account Manager.

When starting with The Allison Insurance Group, she had experience in Health Insurance coverage, but not Property & Casualty. She decided to advance her insurance knowledge and obtain a CISR designation within the first couple of years with the agency. After realizing how much the CISR program benefited her daily job, she decided to gain more knowledge in P&C by taking the CIC courses.

“Being a CSR in today’s insurance environment is both challenging and rewarding,” Suzanne said. “With all the new technologies that we see constantly developing it can be exciting and challenging to figure out ways to keep our customers assets protected.”

She says that in today’s market she is never bored because one day you can be working on coverage for a local painter and the next a multi-million dollar bank.

Suzanne grew up in Huntsville, Alabama and has lived in Jackson for the past 25 years with her husband, Danny. Together they have three sons Charles, Bradley and David along with three grandchildren and one on the way. She says that one of the best parts of her job is helping customers in their time of need. “Despite the fact that our society is becoming more dependent on the internet and social media to provide goods and services, there is no substitute for a familiar voice on the phone when you have a loss.”

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She will now be placed in the competition for the National Outstanding Customer Service Representative of the Year. u 12 TI16_Fowler_3.625x10.indd 1

The Tennessee Insuror

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13

Daniel Learns About Insurance: Floating Homes: Sink or Swim?

Floating Homes Can Be Insured, But the Market May Be Sinking

written by Daniel Smith

Insurors Director of Communications Daniel Smith is far from an insurance expert, but he is trying to learn! In this series he will look into insurance industry and coverage questions he has about popular trends in day-to-day life.

Tennessee, has almost 1,000 floating homes currently on its waters.

"Are you going out on the boat this weekend?" – It's a question that can be heard in offices across the country, especially in the Southeast, during this time of year. You hear phrases like, "Lake life, "Salt life" and others that are meant to depict loving life on the water. But how much of that "life" are you really living? Well for some, it's an everyday (and night) thing.

Obtaining insurance on floating homes can be difficult, and is almost always expensive. In regions like the Pacific Northwest, there are specific companies that offer coverage through independent agents, such as Red Shield Insurance in Oregon and the FAIR Plan in California.1 In Tennessee however, I was unable to locate an insurer who will readily accept these risks.

Although several insurers write houseboat coverage, the risks involved in floating homes may be deterring them. If you are looking for a policy to cover floating homes, I would recommend contacting the E&S brokers you do business with.

More and more people are moving to floating homes. Although these are houses that float, they are not your typical houseboats. The homes are not motorized, and instead are permanently moored structures. If you've seen the HGTV show, "My Floating Home," you know that some of these homes can be quite extravagant. With full kitchens, multiple bedrooms, extending decks and even fireplaces, they can offer all the comforts of a home on dry land.

Now you may think these homes are all found in coastal areas like Maine or the famed Lake Union floating homes of Seattle, but we also have some right here in Tennessee. Norris Lake, situated between Lafollette and Maynardville in Upper East

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Is Insurance for Floating Homes Even Available?

If you can find a company to place the risk with, some key coverage points to review include damage from other watercraft, coverage of floatation materials, plumbing overflows and costs of rebuilds to meet codes. A common exclusion found in these policies may be for losses resulting from wear, tear or gradual deterioration.

If homeowners are renting these floating homes, they may have even more coverage issues, as almost all such policies

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will exclude any type of commercial use of the home.

A Sinking Market Segment?

Even if you are able to find a broker or company to write floating home risks, don't get too excited. Before you plan your next niche of insuring floating homes, know that the market may not be around forever. The Tennessee Valley Authority (TVA) has jurisdiction over the waters that hold the vast majority of these homes in Tennessee and North Carolina. Concerns have risen over the past few years about the increasing number of these floating homes, and how they affect the environment, public safety and lakefront development. As a result, the TVA board recently voted to ban new floating homes, and also to put a 30 year limit on the existing homes.2

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Best of All A Tennessee Floating Home source: contributed photo to the Times Free Press

Under the new policy adopted by a 7-2 vote in May, all floating homes will have to be permitted under new safety and environmental rules that TVA will develop as it continues to refine its regulations over the next six months. Homeowners are still fighting the ruling, but it looks like the longterm decision has already been made.

Our agents and policyholders will continue to receive the same outstanding products, services and solutions, from our local underwriters, claims professionals and risk services specialists.

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So, if you're wanting to get in on this market segment, you should hurry while it's still afloat.

1-Per "Insurance for Floating Homes” via http://floatinghomes.org/resources/insurance/ 2-Per “TVA bans new floating homes, but allows existing homes to stay on lakes for 30 years” via the Chattanooga Times Free Press at http:// www.timesfreepress.com/news/business/aroundregion/story/2016/ may/05/tva-bans-new-floating-homes-allows-existing-homes-stay-lakes30-years/363998/

About the Author

Berkley Southeast Insurance Group is a member company of W. R. Berkley Corporation, whose insurance company subsidiaries are rated A+ (Superior)

by A.M.Best.

Products and services are provided by one or more insurance company subsidiaries of W. R. Berkley Corporation. Not all products and services are available in every jurisdiction, and the precise coverage afforded by any insurer is subject to the actual terms and conditions of the policies as issued. ©2016 Berkley Southeast Insurance Group. All rights reserved.

berkleysig.com

Daniel Smith serves as the Director of Communications for Insurors of Tennessee. He has a Bachelors degree in Marketing with a minor in Graphic Design from the University of Tennessee at Chattanooga.

He may be contacted at dsmith@insurors.org. u 16

The Tennessee Insuror

The Tennessee Insuror

17

Future Leaders Spotlight

presented by

Kevin Lockmiller, CIC • V.R. Williams & Company - Winchester Kevin Lockmiller grew up in Tullahoma and attended Middle Tennessee State University, where he met his wife Laura. They have two children, Sarah Faye, who is 4 and, Knox, who is 1 year old.

They live in Winchester and attend First United Methodist Church. Kevin currently serves on the board of the Franklin County Chamber of Commerce as well as the Elk River FCA.

influence. He helped me realize the importance of being active in our Association, community service/involvement, and working to become a trusted advisor to our clients – not just their agent.

The Insuror: Can you tell us a little about your current job title and responsibilities?

The Insuror: As an independent agent, you have many partners in this industry, including carriers, MGAs and many more. How do you determine which ones are the right relationships?

Kevin Lockmiller of V.R. Williams

Kevin: I am a commercial producer and my role at the agency is to write new business and provide our clients with the expertise needed to protect their livelihood. I also produce for and manage a specialty program that is exclusive to our agency.

The Insuror: What can you tell us about your educational background?

The Insuror: Is there any advice you could offer Young Agents or others in the industry to achieve success?

Kevin: Stay on top of educational opportunities. We have an excellent State Association that provides many opportunities for continued learning. Find someone with the knowledge/ experience you lack and ask to make them a resource. Our industry is constantly changing, so there is always something new to learn.

Kevin: We look for carrier partners that are open-minded and will listen to the story of an account before making an underwriting decision. We also value new technology and ease of doing business that gives our customers more freedom to pay a bill, get an ID card or receive notifications from the company.

Kevin: I am an MTSU graduate with Bachelor's degree in management/marketing. I completed my CIC designation in June of 2015. In the future I would also like to pursue a CRM designation.

It’s also an advantage to those carriers that have userfriendly rating systems allowing us to enter information quickly and accurately.

The Insuror: How and why did you get your career in the insurance industry started?

The Insuror: You have worked hard to earn your CIC designation. How has it helped you in your day-today work?

Kevin: I managed a clay target sports facility on the weekends in college and through that job met some great people. One of my regular customers approached me about working in the insurance business, which sounded interesting. Shortly after graduation I was interviewed and hired the same day. I spent two years learning the claims side of the industry before getting an opportunity as an independent agent. Making the change from corporate to independent agent was a big step, but turned out to be the best choice of my career.

The Insuror: Do you have any influences/role models in the industry?

Kevin: Our agency principal, Mr. Joe Hunt has been a great 18

Kevin: I am very fortunate to have a boss who emphasizes the importance of education and provided the resources for me to pursue my CIC. The designation has made me much more confident when meeting a prospect or delivering a renewal, and I feel I have a competitive advantage over others in the industry.

The Insuror: Thank you for giving us your time, Kevin, we appreciate it and wish you continued success in your career.

Kevin: Thank you, I appreciate the opportunity to talk with you. u The Tennessee Insuror

Young Agents ‘16

Upcoming Events and Information

Our Young Agents Committee strives to offer young insurance professionals with an outlet to meet their counterparts and develop in the industry. The following is the current schedule of events for Young Agents in 2016. Please mark your calendars and join us for these great opportunities to network and grow in the insurance business.

October 30 - Convention Young Agents After Party Location TBD • 8-11 pm CST • Nashville

Young Agents Committee Brent Chance - Chair Principal Agent/Owner Ivy Insurance Brentwood bchance@ivy-insurance.com Stuart Oakes, CRIS - Immediate Past Chair Producer/Construction Division TIS Insurance Services Knoxville sfoakes@tisins.com Tim Treadwell V - Region I Account Executive Boyle Insurance Agency Memphis timt@boyle.com Alan Sisk, AU, AINS - Region II Producer Geny Insurance Nashville alan@genyinsurance.com David Allen, CIC, CRM - Region III Principal Agent RSS Insurance Chattanooga dallen@rssins.com For more information, or questions on the Young Agents program, please e-mail dsmith@insurors.org or call him at 615.515.2601. u The Tennessee Insuror

INTRODUCING

Exceptional Agents Berkley Southeast Insurance Group recognizes the need to mentor the growth of new talent and to perpetuate the Independent Agency System, as well as provide young agents with a competitive advantage. Tennessee’s Young Agents are the future of our business. That’s why we are working together for success.

Congratulations Exceptional Agents 2016 Aaron Jensen Adam Reeves Andrew Powers Blake Dickens Brandon Patterson Chad Richardson Chad Snider Charlie Taylor Clement Ledbetter Cooper Permenter David Allen David Clark David Evans Jamie Williams Jared Smith Jason Teague John Brock John Fritts Josh Witt KC Covington Kevin Lockmiller Kevin Ownby Matt Spellings Michael Greer Michael Novarese Mike Thomas Neil Scott Paul Steele Preston Martin Ramsey Brock Robert Harris Stacy Woodard Stuart Oakes Taylor Ragan Taylor Walker Tim Treadwell Trey Powell Will Webb

Shafer Insurance Agency, Knoxville Union City Insurance Agency, Union City Burke, Powers, and Harty Insurance, Bristol Harris, Madden and Powell, Memphis Ownby Insurance Services, Sevierville Swallows-Newman Insurance, Cookeville Westan Insurance Group, Martin Burke, Powers, and Harty Insurance, Bristol Battle Page Insurance, Franklin Harris, Madden and Powell, Memphis RSS Insurance, Chattanooga RSS Insurance, Chattanooga The Insurance, Group, Inc., Knoxville Hardin County Bank Ins. Agcy., Savannah TIS Insurance Services, Knoxville Watauga Insurance, Johnson City Heritage Brock Insurance, Chattanooga TIS Insurance Services, Knoxville The Insurance Group, Inc., Knoxville Carroll Insurance Agency McKenzie V.R. Williams & Company, Winchester Ownby Insurance Services, Sevierville Consolidated Insurance Agency, Paris V.R. Williams & Company, Winchester McDaniel-Whitley, Inc Insurance, Inc., Nashville Insurity Group, Chattanooga Martin & Zerfoss Insurance, Nashville Union City Insurance Agency, Union City Brock Insurance, Chattanooga Tigrett & Pennington, Nashville Shafer Insurance Agency, Knoxville TIS Insurance Services, Knoxville Martin & Zerfoss Insurance, Nashville Thompson & Smith Insuance, Jackson Boyle Insurance, Memphis RSS Insurance, Chattanooga Battle Page Insurance, Franklin

berkleysig.com local people helping agents professionally serve clients

19

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The Tennessee Insuror

From Your President See You There?

What better way to spend Halloween than at the 123rd Annual Insurors of Tennessee Convention! This year’s convention will be held in Nashville at the Omni Hotel October 29th through November 1st. I don’t know about tricks but there are sure to be lots of treats for all who attend. I have been attending conventions so long I can’t even remember my first one, but I know I was in attendance at the 100th Convention in 1993. I learn something every year and I get to catch up with old friends that I don’t see very often. There truly is something for everybody. If you have been attending for a long time like I have, you know what I mean.

If you have never been to a convention, I urge you to make this the year! There's a lot going on that you won’t want to miss.

A Full Schedule of Events There are breakout sessions on Sunday afternoon and Monday morning. On Sunday Gene Marks will be discussing the impact each presidential candidate could have on business. I can’t wait to hear what he has to say about this 2016 presidential election and its effects on all of us. Then on Monday morning our own General Counsel Ashley Gold will speak on how to prepare for the new DOL Overtime Rule. This new directive that will take effect 12/1/16 will affect many of our agencies as well as our customers. Also on Monday morning Steve Burgess of Guidant Partners will discuss, “5 'Simple' Things Your Business Should Be Doing to Protect Data”. With all the data breaches we keeping hearing about I am sure this will be a very informative session.

Once again our trade show is a sellout! This is one of the largest tradeshows I have ever seen and you don’t want to miss it. There will be a great mixture of carriers, vendors, brokers and MGAs. I leave the exhibit hall every year with new information, new contacts and new ideas.

Some years I even leave with a prize or two and certainly a bag full of giveaways! I want to thank each exhibitor for their interest and participation in our convention. We really appreciate their support of our event as well as the support they give to us throughout the year.

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Let’s not forget the entertainment! On Sunday night we will be in the Country Music Hall of Fame to hear Richie McDonald, singer for Lonestar as well as a solo artist and songwriter. I know that will be a great show and I am really looking forward to hearing it!

On Monday afternoon there are some great outings planned. You can play in the annual convention golf tournament, try your hand at clay shooting or join a group at City Winery for a seminar on valuation of wine collections and enjoy a great wine and food pairing. If none of these work for you, there is always catching up with old friends, taking in the downtown Nashville sights, a little shopping, or just relaxing at the Omni. Whatever you choose it is sure to be a fun time.

Tuesday morning is our annual business meeting. We will hear from Big “I” Executive Committee Member Vaughn Graham. During this time we will have our annual business meeting where we will discuss what the Association has been doing throughout the year. We will also install our new officers and I hope you are there to support these volunteer leaders. I have really enjoyed getting to know the board and the great people on it. There will be a few new faces introduced and I look forward to getting to know them and working with them next year.

“I l e a r n something new every y e a r. . . ”

After the meeting, you will want to stick around for the door prizes! The convention veterans know what great prizes we give away but you have to be present to win. I walked out of one convention with a big screen TV because the first name called was not present; you do not want your friends telling you what you missed by leaving early. Plus, we need to know what lucky company person will join the lava lamp club!

Please Join Us! I hope to see you at this year's convention.

Please stop me and say hello any time you see me during the convention. I want to thank all of our attendees, and I hope they make it a habit to come back every year! u

Christie Reeves, CIC, CPCU, CPIW 21

Meeting my customers where they work.

Crafting each policy to meet different needs.

Partnering with Builders Mutual insurance.

That’s how I get the job done right.

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22

The Tennessee Insuror

From Your IIABA National Director InsurPac National - A Million Dollar Impact?

Some of you may remember the comedy film, "Austin Powers: International Man of Mystery" from 1997 (has it really been almost 20 years?!?).

In the movie, the villainous Dr. Evil hatches a plan to threaten the United Nations with a warhead unless he is given one million dollars. The only issue with his request is that Dr. Evil has been brought back from the 1960s, and his million dollar request is seen as laughable.

Although $1 million isn't what it used to be, it stills sets the standard for political action committees (PACs) in Washington, D.C. If you don't have a $1 million PAC, you are not seen as a serious voice on the Hill. Luckily, through the support of our fellow members, we have consistently hit that mark.

From January through May of this year, Big "I" members from across the country have joined together to commit over $520,000 to InsurPac National, the federal PAC of the IIABA. InsurPac National has served the independent agent community for more than four decades. It raises voluntary, personal contributions from agents and other supporters throughout the country and disburses 100% of those investments to support candidates for federal office.

Nearly 1,700 agents supported InsurPac in the first five months of 2016 with an average contribution of $305, putting InsurPac on pace to eclipse $1 million for the fourth year in a row.

What Good Does it Do? As the federal government exercises more regulatory power over financial services, the future of the insurance market is becoming dependent

Dr. Evil from Austin Powers © Warner Bros.

The Tennessee Insuror

on agents’ ability to engage in the federal political process. The Big “I” federal government affairs team advocates for agents in Washington, but they can’t do it alone.

InsurPac uses its size to develop Big “I” relationships with members of the U.S. House, Senate and candidates for federal office. Every day there are dozens of fundraising events happening in your nation’s capital. The entry ticket to these events is a PAC contribution. While elected officials who receive InsurPac support might not always vote with agents, it does enable the Big “I” to constantly remind officials about where agents stand on important issues.

With so many competing interest groups vying for time with members of Congress, PACs help groups break through the noise.

Every year, thousands of individuals step up to support InsurPac with amounts ranging from $20 to $5,000. They understand that a reasonable investment today helps protect their bottom line tomorrow.

Let's Make Our Voice Heard In addition to our State PAC, InsurPACTN, I would encourage you to support our Federal government affairs efforts through a donation to InsurPac National. To learn more about InsurPac National, visit http://www.independentagent.com/GovernmentAffairs/InsurPac/default. aspx or contact Nathan Riedel, Big “I” vice president of political affairs, at 202.863.7000.

“ T h e y understand t h a t a reasonable investment to day h e lps protect their bot tom line t o m o r r o w. ”

Let's make sure our voice is being heard in Washington, D.C. u

Lou Moran III 23

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The Tennessee Insuror

From Your CEO Get a Room!

It’s convention time in Tennessee! The Insurors staff has been hard at work planning the 123rd Annual Convention held in the thriving city of Nashville. The event will be October 29th through November 1st at the Omni Hotel in the heart of downtown. The city's tourist boom has created a popular destination for people from all over the world and a perfect place to host a convention. Heck, the city is packed any night of the week and there is plenty of opportunity to enjoy a night out with all the vacationers and bachelorette partygoers.

Nashville is prospering and if you haven’t been here in a few months, you will be surprised by all the changes. I jokingly tell people that the State Bird is no longer the Mockingbird but instead the Crane (even if it is the construction kind). You can see them across the city in every direction and will be guaranteed to spot one outside your hotel window. With that being said, I’m sure you have heard the phrase, “Get a room.”

When it comes to the convention – we mean it. Rooms are at a premium in Nashville and once they are gone there aren’t any more.

Occupancy rates in the downtown area hover around 95 percent year round. So, make sure you are registered for the convention and have your room secured. Visit http://www.insurors. org/IOT/Convention/Convention_Hotel.aspx for reservation information.

What's on the Slate The 123rd Annual Convention has a lot in store and something for everyone to enjoy. Starting off on Saturday, you have the option to join us at the world class Schermerhorn Symphony Center to hear renowned violinist Simone Porter. Or enjoy a laid-back evening at the Omni’s Barlines Restaurant to watch some football with your industry counterparts. This year’s sold out trade show will again feature more than 80 booths where you can talk with different carriers and stock up on all the free "swag" for your office staff.

The Tennessee Insuror

Sunday is a full day with guest speaker Gene Marks and our opening night dinner at the Country Music Hall of Fame. This year you will have time to wander through the Blake Shelton: Based on a True Story exhibit with wine or your favorite drink in hand. After dinner we will have a live performance by Richie McDonald of Lonestar in the concert hall.

Monday has several optional activities that involve guns, golf or wine. Tough choices, because all can be fun. A reminder for my golfing companions – we try to keep our outing to one foursome per hole. This allows the game to go as fast as possible.

Important Information Will Be Shared We are currently in the process of planning programs on trending topics such as: • Living under the U.S. Department of Labor's onerous overtime rules • Life after the election which will be one week away at convention end • Data Protection tips for you agency and your clients (a crucial one as Cyber rates may more than triple soon) • Rebating and charging fees under upcoming rules • Chances of seeing workers' compensation Opt-Out legislation rise from the dead in the upcoming legislative session • And more!

“T h e c i t y ' s tourist boom has created a popular destination for people from all over the world and a perfect place to host a convention.”

But after all that, the most important part of the convention is you! The networking with peers especially those not in direct competition with you create friends for life. The convention is the annual family reunion of the American Agency System in Tennessee.

Check out our website at insurors.org for a full schedule, more information, or to register online now.

I look forward to seeing you there! u

Chuck Bidek, CPCU 25

Workers Compensation for Commercial Builders We are dedicated to providing independent agents and their commercial construction clients with a superior product and exceptional service. The advantages of participating in CompTrustAGC...Tennessee are significant.

• $8.5 Million returned to members since 1994 • Competitive Premiums • Discounts for Favorable Loss Experience • Strong Safety Program Specifically for the Construction Industry • Responsive Claims Service • Proactive Claims Management Strategies • Interest Free Premium Payments • Member Education: Seminars, On-Site Seminars, Web Resources • Reimbursement for Safety Training Expenses Stacy Sutcliffe, CPCU at 615.263.1300 or 800.524.0604 or stacy.sutcliffe@bwood.com www.comptrustagctn.com

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Policies are underwritten by Bridgefield Casualty Insurance Company and Bridgefield Employers Insurance Company, authorized insurers in AL, AR, FL, GA, IN, KY, LA, MS, NC, SC, TN and TX; BusinessFirst Insurance Company, authorized in FL, GA, KY, NC, SC and TN. ©2016 Summit Consulting LLC | 2310 Commerce Point Drive, Lakeland, FL 33801

26

The Tennessee Insuror

Education Calendar

2016 CONTINUING EDUCATION SCHEDULE

Nashville 3/2-4

CIC

Agency Management

4/13

CISR

Personal Auto

5/4-6 CIC

Commercial Property

7/28-29 CIC

Ruble Graduate Seminar*

CISR

8/9

Commercial Casualty II

8/16-19 CRM

Analysis of Risk

9/14-16 CIC

Life & Health

11/9-11 CIC

Commercial Casualty

CISR

12/1

MEMPHIS 4/6-8 4/14 6/15 8/10

onal Lines CIC Pers erty mercial Prop CISR Com Health II CISR Life & cial Casualty CISR Commer

Elements of Risk

CIT Y JOHNSON LINES -PERSONAL IAL 3/8 CISR -COMMERC 7/21 CISR Y II CASUALT

2016

Chattanooga

4-12 CISR Personal Auto 10-5 CISR Personal Residential KNOXVILLE

The Insurors of Tennessee offers education opportunities to member agents across a wide range of insurance specialities that satisfy individuals at many different experience levels.

If you are looking to further your career, seeking a professional designation, or need to satisfy continuing education requirements, check out the variety of courses available.

Registration is fast and easy at www.insurors.org. More information about each class can also be found online.

MARCH 9th CISR PERSONAL LINES JULY 20th CISR COMMERCIAL CASUALT YI OCTOBER 4th CISR PERSONAL RESIDEN TIAL register ONLiNe NOW at wwW.iNsurors.org or *wwW.scic.cOm CALL Laura thrOwER at 615.515. 2607 fOR MORE INfO OR E-MaIL LthrOwER@INSurORS.ORg

CISR

Fee: $186

8/9 Commercial Casualty II 8/10 Commercial Casualty II 10/4 Personal Residential 10/5 Commercial Casualty I 12/1 Elements of Risk

CIC

CE: 7

Nashville Memphis Knoxville Chattanooga Nashville

Fee: $430

8/16-19 Analysis of Risk*

Risk Seminars

Nashville

Fee: $430

10/13-14 Advanced Risk Management* Fee: $424 (Ruble $430)

9/14-16 Life & Health Institute 11/9-11 Commercial Casualty Institute

CE: 24 (Ruble 16)

Nashville Nashville

The National Alliance for Insurance Education & Research is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Website: www.nasba. org. Advanced Curriculum Rating = 20 CPE Credits. For more information regarding administrative policies such as complaint and refund, please contact our offices at 800-633-2165.

ABEN Webcasts (insurors.aben.tv) 8/4 8/4 8/4 8/4 8/8 8/8 8/10 8/11 8/11 8/16 8/16 8/18 8/18 8/23 8/26

CRM

E&O - Understanding Agent Duties CE: 3 $48 NFIP Basic Flood Insurance Course CE: 3 $72 The E-World for Insurance Pros CE: 3 $72 E&O - Agency/Carrier Relationships CE: 3 $48 E&O - Claim 360 View CE: 3 $48 E&O - Considerations of Agency Ops CE: 3 $48 Business Income-Beyond the Basics CE: 3 $72 Ultimate Account Manager - Part 2 CE: 2 $48 Double Trouble-COI & Business Auto CE: 2 $48 E&O - Role of Agency Defenses CE: 3 $48 D&O Liability Insurance CE: 2 $48 Characteristics of Ultimate Acc. Mng. CE: 2 $48 Data Privacy Insurance CE: 3 $48 Home Based Business Exposures CE: 2 $48 Hot Topics in Personal Lines CE: 2 $48

Memphis

Online Courses (www.iiaba.net/vu) Available from IIABA Virtual University. Member pricing shown.

Ethics for Insurance Professionals How to Calc. Business Income in 5 Min. National Flood Insurance Program New Employee Training Course

CE: 3 CE: 3 CE: 6 CE: 9

$75 $50 $80 $100

*check VU site for current information on CE and pricing

Available from The National Alliance

(www.scic.com)

Legal & Ethical Requirments of Insurance CE: 4 Insuring Flood Exposures - NFIP Review CE: 4 Available from The Institutes

$75 $75

(insurors.ceu.com)

Insurance Principles and Policies CE: 7 Long Term Care CE: 24 Workers’ Compensation CE: 10 Employee Benefits for Small Companies CE: 4 Healthcare Reform and Affordable Care CE: 5 e-Coverage CE: 15 Fundamentals of Personal Auto Insurance CE: 3 Management Process for Ins. Professionals CE: 21 Intro to Flexible Spending Accounts CE: 4 Terrorism and Its Impact on Insurance CE: 4 Toxic Mold and Homeowners Insurance CE: 15 Understanding the Industry of Insurance CE: 5

$49 $99 $59 $39 $49 $79 $29 $89 $39 $39 $79 $39

Register Online at www.insurors.org

Indicates course is presented by The National Alliance. Register for these courses at www.thenationalalliance.com The Tennessee Insuror

27

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keller.chapman@meadowbrook.com | 615.514.5562 | insurors.org/products-programs/preferred-comp/

Government and Legal Affairs Religious Accommodation in Business

Written by Ashley N. Gold, JD, Insurors General Counsel As the world grows increasingly smaller and our industry becomes more global daily, it is incumbent upon us to recognize and accommodate religious differences. So what does that mean in our agencies and for our insureds? First, as always, I will provide the disclaimer that this article is for general informational purposes. If you, or your insured, feels that there is any question whatsoever regarding a religious accommodation or discrimination situation, seek independent legal counsel immediately.

So what am I talking about? Title VII. Unless you live under a rock, you have probably heard about Title VII which prohibits discrimination on the basis of race, color, religion, sex or national origin. Title VII applies to employers with 15 or more employees, and the Tennessee Human Rights Act essentially reduces that number to 8 or more employees. One way or the other, it is illegal to discriminate. Specifically, Title VII of the Civil Rights Act of 1964, as amended, states in pertinent part: It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

The Tennessee Human Rights Act (“THRA”) prohibits discriminatory practice in employment. THRA claims are analyzed in the same manner as claims brought under Title VII of the Civil Rights Act of 1964.

The Act is, in large part, a procedural guideline for the commencement of a Title VII action. The procedural guidelines allow the Equal Opportunity Employment Commission (EEOC), the agency charged with the interpretation, administration, and enforcement of Title VII, to detect, investigate, and remedy instances of employment discrimination.

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The Tennessee Insuror

31

Why am I telling you all of this? Recently I received a question regarding religious accommodation during a fasting religious holiday. The holiday in question was Ramadan, but there are other religions that proscribe fasting at various times throughout the year. The question arose, what is the employer’s responsibility to ensure the safety of an employee who is required to fast for a religious holiday? For example, the weather in July in Middle Tennessee can reach temperatures of high 90s with a “feels like” temperature of over 100.

Working outdoors or in un-air-conditioned spaces during the summer could jeopardize an employee’s health should he or she not be able to ingest liquids.

So what do you do? The short answer is, like most Title VII and EEOC cases, there is no bright line answer. Generally speaking, unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or fasting.

When an employee or applicant needs an accommodation for religious reasons, they should notify the employer that they need such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.

Religion is defined to include “all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's... religious observance or practice without undue hardship on the conduct of the employer's business.” An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.

There are no “magic words” required to place an employer on notice of an applicant’s or employee’s conflict between religious needs and a work requirement. To request an accommodation, an individual may use plain language and need not mention any particular terms such as “Title VII” or “religious accommodation.” However, the applicant or employee must provide enough information to make the employer aware that there exists a conflict between the individual’s religious practice or belief and a requirement for applying for or performing the job.

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While an employer is not required by Title VII to conduct a discussion with an employee before denying the employee’s accommodation request, as a practical matter it can be important to do so. Both the employer and the employee have roles to play in resolving an accommodation request. Employer-employee cooperation and flexibility are key to the search for a reasonable accommodation.

In the fasting situation, a discussion regarding modifying the work schedule or hours to allow the employee to limit exposure to extreme heat may be an alternative. Similarly, the employee may be able to seek an exemption from fasting or change the timing to a less stressful time of year for safety purposes. Finally, you could consider a note from a physician indicating that work outside while fasting in July will not jeopardize the employee’s health.

This is just one example of religious accommodation. There have been several federal cases recently on religious accommodation. One involving wearing a headscarf at work where there was a dress policy, and another regarding delivering alcoholic beverages which was against the employee’s religion.

Ultimately, reasonableness is a fact-specific determination. “The reasonableness of an employer’s attempt at accommodation cannot be determined in a vacuum.

Instead, it must be determined on a case by case basis; what may be a reasonable accommodation for one employee may not be reasonable for another...

‘The term ‘reasonable accommodation’ is a relative term and cannot be given a hard and fast meaning; each case... necessarily depends upon its own facts and circumstances, and comes down to a determination of ‘reasonableness’ under the unique circumstances of the individual employer-employee relationship.’”

1 - 42 U.S.C. § 2000e-2(a)(1) (2006).

2 - See T.C.A. § 4–21–401 (2005).

3 - Tetro v. Elliott Popham Pontiac, Oldsmobile, Buick, & GMC Trucks, Inc., 173 F.3d 988, 993 (6th Cir.1999) (citing Campbell v. Fla. Steel Corp., 919 S.W.2d 26, 31 (Tenn.1996)).

4 - 42 U.S.C. § 2000e(j).

About the Author Ashley N. Gold has served as General Counsel of Insurors of Tennessee since 2007, and previously consulted for the Association on legal and government affairs matters. She received her undergrad degree from the University of Kentucky and her Juris Doctor from Samford University. She may be contacted at aarnold@ insurors.org or by calling her at 615.515.2606. u The Tennessee Insuror

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Association Update

Thrower Leaves Insurors After Nine Years

After almost 9 years with the Association, Laura Thrower has left Insurors to move closer to her family. Laura has worked with many of you in her position as Education Coordinator, but completed her last day on Friday, July 29th. We thank her for her work for the members of this organization and wish her well moving forward.

As previously announced, Ellie Small, who started with Insurors in May, will be taking over Laura's duties.

Moran Appointed to InsurPac National Board Former Insurors President and current IIABA National Director Lou Moran III, of Inter-Agency Insurance Services in Knoxville, has been named to the Big "I" InsurPac National Board of Trustees. His term will commence on September 1st, and is an annual appointment. The Board of Trustees helps determine fundraising goals and reviews certain allocations for our national political action committee.

Griffin Insurance Named as "Best of the Best" Griffin Insurance in Kingsport was recently named as the 376-3612 top insurance agency in Roane County in "The Best of the Best for 2016" by the readers of Roane County News. The agency has been in business since 1980, and is led by former Insuror of Meet the Winning Staff at Griffin Insurance the Year Johnny Griffin. Johnny credits his staff for the honor, saying that, “This confirms what I have felt all along that my staff is ‘the best’.”

Griffin Insurance would like to thank Roane County for voting us The Best of the Best for 2016. “This confirms what I have felt all along that my staff is ‘the best’,” said president of the agency, Johnny Griffin.

Lori Treadway has been a loyal and dependable licensed agent for 30 years. She is a Certified Insurance Service Representative (CISR) which requires continuous education and training. She is dedicated to writing new business and providing the best coverage and value available today. Give her a call to see how she can help you.

Christy Brown has been in the insurance business for 14 years and with Griffin Insurance for 10 years. Christy is the Operations Manager and holds a Certified Insurance Service Representative (CISR) designation. She does an excellent job of servicing our current customers.

She also serves as our technical expert, media coordinator, and handles the office advertising. She is a Roane County Chamber Ambassador and was 2016 Ambassador of the Year. If you have any insurance problems, Christy can solve them. Give her a call today.

Debbie Hill does an excellent job as our Claims Manager and handles any claims issues that may arise. She has been with the agency since 1998 and has earned her Certified Insurance Rep (CISR) designation. Debbie also sells and services commercial clients making her a valuable asset to the agency.

Jan Treadway has been a licensed commercial lines agent for 25+ years and has earned her CIC (Certified Insurance Counselor) Designation signifying a higher professional level of experience and competence. She handles all types of Commercial Insurance. Jan goes above and beyond to solve problems and provides excellent customer service to all her clients.

Sam Organek has been with the agency for 3 years and meets everyone with a nice smile. She obtained her property and casualty license in 2013 and has started to obtain her Certified Insurance Service Representative

Designation (CISR). She is our Personal Lines Assistant and we are very happy to have her on our staff.

Laurie Borum has been with us for 2 1/2 years. She is licensed in Property/Casualty and Life/Health and is currently working towards obtaining her Certified Insurance Service Representative (CISR) designation. She has strong sales skills and currently handles writing new business policies for the office. We are very glad to have Laurie on our staff.

Juanita Griffin takes care of our in house accounting and personnel issues. We appreciate the wonderful job that she does.

Griffin Insurance is a Trusted Choice Agency and has been in business since 1980. We are also members of the Professional Insurance Agents and Insurors of Tennessee. Over the past 41 years, Johnny has been active in Roane County Chamber of Commerce, Roane County Heritage Commission, United Way of Roane County, Rotary Club, Leadership Roane County and many other organizations. In 2008 he received the Insurors of TN prestigious Insuror of the Year Award. The award is the highest honor presented annually. In 2010, Safeco Insurance announced that Griffin Insurance was named to its HK Dent Society- the company’s elite agency recognition program. In 2012, Mr. Griffin was awarded the Distinguished Service Award by the Roane County Chamber of Commerce. In 2015, Griffin Insurance earned a distinguished honor- membership in the Safeco Premier Partner Program. This award is given to just 10% of independent agents that sell Safeco. We are a family at Griffin Insurance and it’s nice to know you have a Trusted Choice Agency that is able to provide customers with choices and coverages you deserve. We would love you to be a part of our family too.

You may find us many different ways. Visit our website at www.griffinins.com, Facebook, or stop by to see us at 414 N. Kentucky Street. If you can’t stop by just give us a call at 865-376-3612.

Other staff members at the agency include Lori Treadway, Christy Brown, Debbie Hill, Jan Treadway, Sam Organek, Laurie Borum and Juanita Griffin.

White & Associates Named as a "Healthier Tennessee Workplace" 414 N. Kentucky Street . Kingston, TN 37763 Phone: 865.376.3612 . Fax: 865.376.3585

The Governor’s Foundation for Health and Wellness recently announced that White & Associates Insurance, which operates We are here for you twenty-four hours a day, seven days a week!

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12 locations in West Tennessee and Missouri, has been named a Healthier Tennessee Workplace for its commitment to encouraging and enabling employees to live a healthy lifestyle both at work and at home.

“White & Associates Insurance has created a culture of wellness that encourages and enables employees to be healthier, more productive, and more satisfied with their jobs. It’s good for business, and it’s good for Tennessee,” Richard Johnson, president and chief executive officer of the Governor’s Foundation said.

To become a Healthier Tennessee Workplace, White & Associates Insurance certified that they have a wellness program in place that encouraged physical activity and healthier lifestyles.

Stiefel Named as Underwriter of the Year Paige Stiefel, CIC, MBA, CIIP, CLP, Senior Underwriting Manager of Asurion in Nashville, has been named as the International Professional Underwriter of the Year by the International Association of Insurance Professionals. The award was presented at the group's meeting in June.

Stiefel is a past president of the Tennessee chapter of the organization.

Insurors of Memphis Make-A-Wish

and golf outing.

The Insurors of Memphis local board recently completed a donation of $4,000 to the MidSouth Chapter of the Make-AWish Foundation. The group raised the money through donations and fundraising efforts from their annual picnic

Ferguson Named to Chattanooga "Gold Club" Former Insurors president, Scott Ferguson, CPCU, ARM, CIC, of BB&T Insurance Services in Chattanooga, was named to the "Influentual Business Leaders 'Gold Club'" by CityScope magazine. The distinction was part of recognition of top managment members in Chattanooga busineses. u 35

“Exclusive member agencies, collaborating to bring the best insurance solutions to their clients.�

The Allison Insurance Group - Jackson Bagley & Bagley Insurance - Fayetteville Boyle Insurance Agency, Inc. - Memphis Burke, Powers & Harty - Bristol Carnal-Roberts Agency, Inc. - Lexington Cate-Russell Insurance, Inc. - Maryville Goss Insurance - Hixson Inter-Agency Insurance Services - Knoxville Martin & Zerfoss, Inc. - Nashville

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McInturff, Milligan & Brooks - Greeneville Miller | Loughry | Beach Insurance Services - Murfreesboro Ownby Insurance Service, Inc. - Sevierville Smith-Berclair Insurance, Inc. - Memphis S.N. Anthony, Inc. - Ripley Tigrett & Pennington Inc. - Dyersburg V.R. Williams & Company - Winchester Watauga Insurance, Inc. - Johnson City

Get more information now at www.securerisk.com

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Program Spotlight

UPS Discount Program

You invest a lot in your business—time, money, heart—and it seems like there’s always more to do, more to achieve, and more to consider.

When you have an opportunity to save time, maximize cash flow, and improve your customer experience—then you take advantage of it and use that “extra” time and money to work on the big idea that inspires you. That's why the UPS shipping discount program through Big I Advantage makes so much sense.

As long as you're an Insurors member in good standing, you can take advantage of competitive shipping savings rates available from UPS. Whether you need your documents or packages to arrive the next day or you're simply looking for the most affordable shipping option, UPS understands the importance of reliability, speed and savings.

How Much Can You Save?

UPS discounts can help your agency bottom line by saving you:

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Up to 34% on UPS Air letters including UPS Next Day Air Up to 30% on UPS Air packages weighing more than one pound Up to 32% on UPS International imports and exports Up to 16% on UPS Ground shipments 70% or more on UPS Freight shipments more than 150 pounds

In addition, you can take advantage of a plethora of UPS online services such as scheduling pickups and tracking shipments, ordering free supplies and creating shipping labels for print.

Get Started With Your Discount Today These discounts are available even if you already have a UPS account. Don't miss out on your opportunity to save time and money for your agency. To enroll now and start saving, visit http://savewithups.com/iiaba or contact a UPS representative at 1-800-MEMBERS (1.800.636.2377) Monday-Friday from 8 am-6 pm EST. u

IIABA Members Save up to 34% With UPS® The Independent Insurance Agents and Brokers of America is proud to bring its members valuable discounts on the products and services you need. Make the most out of your membership and take advantage of some of the most competitive rates available on shipping services. Whether you need your documents or packages to arrive the next day or are looking for the most affordable shipping option, UPS understands the importance of reliability, speed and cost.

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The Independent Insurance Agents and Brokers of America UPS Member is proud its members valuable discounts on theEST UPS Service Call: to bring 1-800-MEMBERS (636-2377) M-F 8am-6pm Discount products and services you need. Make the most out of Visit: savewithups.com/iiaba ® Up to 34% your membership and take advantage of some of the most UPS Next Day Air ® Fax: 1-888-461-4664 (Complete formWhether below) competitive rates available on shipping services.

Up to 34% UPS Next Day Air Saver you need your documents or packages to arrive the next UPS 2nd Day Air A.M.® Up to 30% day or are looking for the most affordable shipping option, The Tennessee Insuror Up to 16% UPS understands the importance of reliability, speed and UPS Ground Contact____________________________________________________________________________________________________________________________ ® Up to 33% UPS Worldwide Express cost.

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The Tennessee Insuror

Program Spotlight

Swiss Re E&O Policy Enhancements The Swiss Re/Westport RPG policy is getting an upgrade next month. Starting September 1st, there will be several new policy enhancements to the Westport policy. As the industry leader in Agents Errors and Omissions (E&O) coverage, Westport continually looks for ways to better serve its clients’ needs. These improvements are no exception. Below is a brief summary of some of these new features: New Crisis Management Coverage Coverage up to $20,000 per policy period for fees, costs, and expenses incurred by the Named Insured within six months of a crisis event and directly caused by the crisis event, resulting from crisis event management services provided. A crisis event includes, but is not limited to, national or regional news exposure that is reasonable likely to have a negative impact on the named insured. It also can include an incident of workplace violence.

New Softened Hammer Clause The policy holder still has the right under its policy to accept or reject a settlement demand. However if it chooses to reject a settlement demand that Westport believes should be accepted, Westport will pay 40% of any judgment in excess of the settlement demand and 40% of the claim expenses incurred after the settlement demand was rejected (This is still subject to policy limits and deductibles).

Catastrophe Extra Expense Increased sublimit from $10,000/$25,000 to $25,000/$50,000.

First Party Breach of Data Increased per incident limit for from $10,000 to $25,000. Also removed “due to your negligent act, error, or omission” language and clarified that coverage includes expenses incurred to provide representation in front of a Department of Insurance.

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Regulatory Defense Increased coverage from $25,000 to $60,000 per policy period.

Loss of Earnings Amount for reimbursement for loss of earnings or temporary staff for attending depositions or trials increased from $500 per insured per day/maximum of $10,000 per policy period to $750 per insured per day/maximum of $30,000 per policy period.

Insured vs. Insured Exclusion Amended Insured vs. Insured exclusion as respects claims by an enterprise which has a ten percent (10%) or more equity interest in an Insured. Added caveat that exclusion does not apply if the enterprise to whom services were rendered did not influence the Insured or intervene in the rendering of such services.

Deductible Reduction Feature Applies to claims alleging failure to procure coverage where Swiss Re determines that the agency has written documentation in file refuting such claim. Increased deductible waiver to 100% from 50% and increased maximum waiver amount to $25,000 from $12,500.

Replaced term "recommended" with "offered."

Acquisitions & Mergers/Material Changes Increased reporting time to 120 days from 90 days.

What Do These Changes Mean?

These major policy enhancements make an already elite policy that much stronger. And don’t worry, if you have a Westport RPG policy currently in effect you will benefit from all the positive impacts of this change automatically through the liberalization clause, effective September 1st. If you don’t have a Westport policy, please contact Insurors to discuss why you should. u

Tennessee Contacts Stephen Holmes, CIC, CISR E&O Specialist sholmes@insurors.org 615.515.2601 Richard Lund, JD Senior Underwriter/VP richard_lund@swissre.com About Swiss Re/Westport ​ or over 25 years, the Big "I" ProfesF sional Liability Program underwritten

by Westport Insurance Corporation, a member of Swiss Re Corporate Solutions (rated A+ Superior by A.M. Best), has been the premiere choice of Insurors and IIABA member agents for insurance agents and brokers E&O insurance.

The Big “I” Professional Liability Program offers not just a policy, but a comprehensive program for insurance agents. Over the past two decades the Big “I” Professional Liability Program, underwritten by Westport Insurance Corporation, a member of Swiss Re Corporate Solutions, has grown into the largest and most stable insurance agents E&O program in the nation.

Our member agents and brokers nationwide look to the program for stable rates and a long-term market that they can rely on to protect their greatest assets—their businesses.

Working with our partners at Swiss Re Corporate Solutions, we have created one of the strongest coverage forms in the marketplace.

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Bringing the Best Together IN TENNESSEE Partner with the best and distance yourself from the competition.

Stephen Bryant Heritage Insurance Group

Dave Porch

Tom Strate Strate Insurance Group

Andy Porch Porch–Stribling-Webb

Van Robins Robins Insurance Agency

Taylor Porch

Roger Smith Thompson & Smith Insurance

Matt Swallows Swallows Insurance Agency

Mitch Rader Burchfiel-Overbay & Associates

David Palmer Holman & Holman Agency

Ed Kaiser Jamieson & Fisher

Charlie Rowland RSS Insurance

John McCord Busch Thoma Lester, Greene, & McCord/E.B. Thoma and Son

Bob McIntire Page 1 of 1 McIntire & Associates Insurance

Art Gernt Art E. Gernt Insurance

Al Oliver Portis Tanner Westan Insurance Group

Thomas H. Chappell Christopher J. Turnbull CS&A Insurance

Jack Spann Spann Insurance

Walt Bradshaw Bradshaw & Company Insurors

Derek Raborn William Blount Raborn Insurance Agency William Blount & Associates

Richard Hollis Hollis & Burns

Jeff Brown First Insurance

Ashley Wyatt Wyatt Insurance Services

Partners in Pennsylvania, North Carolina, Virginia, Indiana, Ohio, Kentucky, Tennessee, Georgia, Illinois, and Missouri.

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40 Thefranchise Tennessee Insuror ©2016 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 is not registered.

Company Briefs Commissioner McPeak Elected to IAIS ExCo Julie Mix McPeak, the Commissioner of the Tennessee Department of Commerce and Insurance, has been elected to serve as vice chair of the Executive Committee (ExCo) of the International Association of Insurance Supervisors (IAIS). McPeak was elected by her fellow members.

and director. He succeeds Frederick H. Eppinger, who last fall announced his intention to retire. They will work closely in the coming weeks to manage a smooth transition in leadership.

Comprised of insurance regulators and supervisors from more than 200 jurisdictions, the IAIS is the international standard-setting body for insurance supervision. IAIS meetings provide an opportunity for state insurance regulators to meet with their international counterparts. The group’s Executive Committee provides leadership in its ongoing efforts to support global financial stability.

Zubretsky, 59, is an accomplished leader with more than 35 years of experience in the insurance and financial services industries. He joins The Hanover after almost nine years at Aetna, a Fortune 50 insurer, where he served most recently as chief executive officer at Healthagen Holdings, a group of healthcare services and information technology companies, and a member of Aetna's executive committee. Prior to that, he was senior executive vice president leading National Businesses, a $10 billion Aetna flagship business that provides health solutions to multi-national companies, and Aetna's executive vice president and chief financial officer.

The Hanover Names Zubretsky as CEO

FCCI Adds Williams Young to Tennessee Team

The Hanover Insurance Group, Inc. has announced that it has named Joseph M. Zubretsky president, chief executive officer,

FCCI’s Gulf Coast Region has announced that Tama Williams Young, CIC, has joined FCCI as a Senior Marketing Underwrit-

For Dwelling Fire/Mobile Home Insurance, put your trust in a company that has been insuring homes for over 50 years.

National Security Can Provide You With: • $125,000 Maximum Policy Limits • AAIS Basic Form 1 Policy • Direct Contract with National Security • 15% New & Renewal Commission • Partnership Profit Sharing • Fast Online Policy Issuance • Tenant Schedule Option • Easy Payment Options National Security has provided competitive, affordable insurance to policyholders for over 50 years, but we also provide a lot for our agents, with competitive commissions, excellent customer service and experienced company adjusters. As an admitted Southeastern based regional company, National Security prides itself on fast, efficient service from a friendly small town company, and online access for all agents, providing fast quotes, online policy issuance, online dec page printing, and real-time policy information.

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Find out more by calling Sharon at 1-800-239-2358 x213 or visit nationalsecuritygroup.com.

The Tennessee Insuror

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er, and will handle the territory of Middle & East Tennessee.

Tama was born in Knoxville and continues to call East Tennessee home today. She previously worked with a large national carrier and various regional companies.

During her 40 years in the insurance industry, Tama has obtained her CIC designation and will complete her CPCU in 2016.

Central Promotes Lee; Adds Patrick The Central Insurance Companies has announced the addition of Susan Patrick as Marketing Manager for Tennessee, and the promotion of David Lee to Regional Marketing Manager in the companies’ Southeast Regional Office.

A graduate of Kent State University with a degree in Journalism and Advertising, Patrick worked previously with both an independent agency and a large national carrier, and brings extensive experience managing both captive and independent agents. Patrick will be responsible for developing and managing agency relationships in her territory including training and communication about new products and services, as well as assistance with appointing new agents to Central.

A graduate of the University of Georgia with a degree in Business Administration, Lee joined Central in 2003 in the Claims department. He has since held positions in Personal Lines, Commercial Lines Underwriter, and most recently as Marketing Manager for Northwest/Southeast Georgia. As Regional Marketing Manager, Lee will be responsible for the region’s marketing efforts and will directly supervise the marketing managers for Georgia, Virginia, Tennessee, North Carolina, and South Carolina. Lee holds his Certified Property Casualty Underwriter (CPCU) designation.

Erie Insurance Names NeCastro as CEO Erie Insurance has tapped longtime executive Timothy G. NeCastro as its president and CEO after Terrence W. Cavanaugh retires later this year.

NeCastro has been senior vice president/ regional officer of the west region of Erie.

He joined Erie in 1996 and has been a manager of internal auditing, senior vice president/controller and senior vice president of product and policy services. He has also worked at Plastek Group and Ernst & Young, and graduated from Gannon University.

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ApexWorks Rebrands as AccuWorks As of Friday, July 1st, ApexWorks has officially changed it's operating name to AccuWorks, Restoration Service Experts.

This change signifies a new chapter in the evolutionary story of the company.

Since 2006, the company has provided top quality emergency mitigation and restoration services to residential and commercial customers in Tennessee. While the name has changed, the core purpose of rescuing customers on one of the worst days of their life has not. AccuWorks is still 100% locally owned by Jeff and Maggie Stockton and responds to property damage calls 24/7/365.

Accident Fund Names Holland as Claims VP Arlington/Roe recently announced that Julia Link, ASLI, CPCU, has been appointed vice president, commercial lines for the company. Julia has an extensive background working for several large national wholesalers. She served in a variety of roles including deputy/managing director, branch manager, vice president and property and casualty producer.

Among her past achievements, she has been recognized as Officer of the Year and Branch Manager of the Year, and also earned a President’s Award of Excellence.

J.M. Wilson Adds Steigenga as Underwriter J.M. Wilson has announced the addition of Justin Steigenga to their Charleston, South Carolina office as Transportation Underwriter. Justin is responsible for quoting new and renewal transportation risks, corresponding with company underwriters, and serving independent insurance agents in Georgia, North Carolina, South Carolina and Tennessee.

Prior to joining J.M. Wilson, Justin assisted agents during a summer internship at an insurance agency in Grand Haven, MI. He graduated from Olivet College in May, with a Bachelor’s Degree in Insurance and Risk Management.

InVEST Board Adds The Hartford's Policarpio The Big "I" InVEST program, the insurance industry’s premier classroom-to-career education program, is pleased to announce that Bridgeen Policarpio is the newest member of its board of directors. Policarpio is head of The Hartford School of Insurance.

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Policarpio has 20 years of insurance industry experience in sales, sales management, training, coaching and development, operations and leadership. In her current role as head of The Hartford School of Insurance, Policarpio leads a team focused on delivering best in class training solutions to independent agents across the country. Policarpio’s prior roles with The Hartford include director of sales excellence, sales manager in AARP operations, frontline sales leader in specialty sales, and sales and service consultant. She has also worked at Travelers as a training consultant. Policarpio is a graduate of the business management program at the Institute of Technology Tallaght in Dublin, Ireland.

Bernard Health Celebrates 10th Anniversary Bernard Health is proud to announce its tenth year as a leading provider of health insurance advisory services to individuals, employers and brokers.

Since its founding in 2006, Bernard Health has grown from a home office to 13 locations in ten states and more than 75 employees. The company has expanded its value proposition into one of the broadest in the industry, with a proprietary HR software platform and industry-leading advisory and brokerage services.

The company began when founder and CEO Alex Tolbert learned about health savings accounts while a third-year JD/ MBA student at Vanderbilt University. Facing the healthcare industry’s misaligned incentives, Tolbert and the Bernard team have worked hard to set the stage for a better health system.

Bernard Health helps answer individuals’ and employers’ toughest insurance questions by helping people directly and through channel partners such as brokers and healthcare providers.

AmTrust Acquires Total Program Management AmTrust Financial Services Inc. has announced that the company has acquired workers' compensation solutions firm Total Program Management L.L.C. Founded as a managing general agency in 2005, Ronkonkoma, New York-based Total Program Management was responsible for insurance premium totaling $47.1 million in 2015. AmTrust noted in a statement that it has been the insurer for the majority of premiums written.

Accident Fund Names Holland as Claims VP Accident Fund Insurance Company of America has announced that it has appointed Dean Holland to vice president of Claims. In this role, Holland is responsible for all claims and medical operations.

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Holland joined the company in 1987 as a claims examiner, and has worked in various roles on the Claims team including supervisor, reserve auditor, manager, advisory support team manager and most recently, director of claims. Holland has earned his Associate in Claims (AIC) and Associate in Insurance Services (AIS) designations.

Brentwood Services Adds Two to Team Brentwood Services Administrators Inc. (BSA), headquartered in Brentwood, has promoted Daniel Knick to the position of senior claim representative in its Occupational Injury Unit and added Stephanie Bryant as senior claim representative.

Knick’s new responsibilities include increased oversight of reviewing, processing and handling occupational accident claims, and determining claims coverage and extent of liability.

Bryant’s duties will include reviewing, processing, and handling workers’ compensation claims as assigned by Bonnie Moser, claims supervisor. Bryant determines the compensability of the claim and extent of liability; and communicates directly with clients, employers, injured workers, physicians, and attorneys.

ACUITY Earns Star Award From Demotech Acuity earned a 2016 Stakeholder Team Accomplishment Recognition™ (STAR) Award from independent financial analysis firm Demotech, Inc., putting the company among the top 1.1 percent of insurers nationwide.

The Demotech STAR Award recognizes insurers whose performance benefits all stakeholders, including agents, customers, employees, consumers, regulators, and reinsurers. Acuity was honored with a STAR award for exceeding the industry in all areas of performance, including financial strength and stability, profitability, claim handling, and compensation to employees and agents. Just 29 of the 2,628 property-casualty carriers evaluated qualified for a STAR Award.

HIIG Announces Sr. Management Promotions Houston International Insurance Group (HIIG) recently announced today senior management promotions of Peter Smith, Susan Swails and Richard Hitch. Peter B. Smith has been promoted to President of the Holding Company, Susan K. Swails has been promoted to Executive Vice President with responsibility for all P&C underwriting operations and Richard W. Hitch has been promoted to Senior Vice President with overall responsibility for several business units – Mining, Onshore Energy, Hospitality, and two MGU Partners.

Stephen L. Way, Chairman and CEO of HIIG, said, “Our strength is our people and our depth of management is shown by our ability to promote internally to fill key Executive positions.” u The Tennessee Insuror

FROM THE DELTA TO THE SMOKIES WE’RE PROUD TO SUPPORT THE INDUSTRY’S BEST.

Construction • Education • Financial Institutions • Healthcare • Manufacturing Professional Services • Real Estate • Retail • Technology • Wholesale Distribution

CNA is proud to support Tennessee’s independent agents and brokers with customized coverages, local industry knowledge and the strength and stability of an “A” rating by A.M. Best. When you’re looking for a carrier with a broad industry appetite, who understands your commitment to business success … we can show you more.® Learn more about our coverages and services today.

Contact our local Nashville Branch at 615-886-3300, or visit www.cna.com.

CNA is a service mark registered by CNA Financial Corporation with the United States Patent and Trademark Office. CNA Financial Corporation subsidiaries use the “CNA” service mark in connection with insurance underwriting and claims activities. Copyright © 2016 CNA. All rights reserved.

The Tennessee Insuror

45

continued from page 5 edge pass rusher Kevin Dodd at #33 and then struck gold again at #43 when he bagged Penn State nose tackle Austin Johnson.

Having checked the boxes on the Titans second-round shopping list, Robinson was free to pick the best player available at #45. No one – and I mean NO ONE – saw his selection coming. It was 2015 Heisman Trophy winner Derrick Henry, a highly talented running back from Alabama. Once the shock wore off, people saw Robinson’s logic clearly in drafting Henry.

“Well, we were shocked that he (Henry) was still sitting there,” Robinson recounted. “We had him rated pretty highly on our board and he fits, stylistically, what we want to be offensively. He’s a big physical runner that can also play in the passing game as a pass protector and help protect Marcus (Mariota), which has kind of been a theme for us all off-season. Having talked with him, and Coach Croom’s background at Alabama, he just really fit what we are all about, both on and off the field.”

Pick by pick, round by round, the 2016 Titans draft class looked better and better. And when coupled with trades and free agency, the Titans roster was clearly improved. The moves that Jon Robinson had made brought excitement to the Titans without the team even playing a down. In just over three months on the job, Robinson helped to create hope for the future for everyone who has been waiting for it for a long time.

The Philosophy is in Place - Will the Results Show it?

The National Football League is unpredictable, probably more than any other sports league in America. The 32 teams all have the same number of players, the same amount of money to spend, schedules that are almost equal in terms of difficulty, etc. On paper, the '09 Tennessee Titans appeared more talented than the ’08 version, yet the ’09 team started 0-6, while the '08 Titans 46

began their season 10-0. No one quite knows what to expect from year-toyear, but after several disappointing seasons, the Titans seem to be moving in a different direction, a very positive direction.

Jon Robinson and head coach Mike Mularkey have been shaping the team in a style similar to the Titans blue-collar roots from the glory days of 1999-2003.

Players who buy in have been brought in, joining those who are being retained.

Players who don’t buy in have departed.

The offensive plan is not complex.

“I want us to be able to control the clock on offense and be able to run the football,” Robinson said. “I want Marcus to be able to stay upright so he can throw the football. These receivers have to be more consistent.”

The Titans do figure to be a power run team with DeMarco Murray and Derrick Henry at tailback, but the key to the offense will be second-year signalcaller Marcus Mariota. Robinson knew Mariota well coming out of Oregon – Robinson evaluated him for Tampa Bay, as the Bucs had the first pick in 2015 – so he was not surprised by Mariota’s solid rookie season. The belief is that Mariota will be able to much more in year two in Nashville.

“He’s got more confidence. He’s got a better feel, which you would expect with a second-year player,” Robinson observed. “He’s very communicative.

He’s very demanding of the receivers and the linemen to do their jobs, which you want to see a young quarterback mature like that. We’re expecting big things from Marcus. He’s definitely on track.

He’s an all-in player, one of the hardest workers on this football team. That’s what you want from a quarterback. ” In retaining Mike Mularkey as head coach, the Titans guaranteed that they would be able keep Pro Football Hall of Famer Dick LeBeau as their defensive coordinator. The Titans defense improved dramatically in 2015 under LeBeau, jumping from 31st in the NFL

2016-17

TENNESSEE TITANS SCHEDULE PRESEASON

8/13 vs SAN DIEGO 8/20 vs CAROLINA 8/27 at OAKLAND TBD at MIAMI REGULAR SEASON

9/11 vs MINNESOTA 9/18 at DETROIT 9/25 vs OAKLAND 10/2 at HOUSTON 10/9 at MIAMI 10/16 vs CLEVELAND 10/23 vs INDIANAPOLIS 10/27 vs JACKSONVILLE 11/6 at SAN DIEGO 11/13 vs GREEN BAY 11/20 at INDIANAPOLIS 11/27 at CHICAGO 12/4 bye 12/11 vs DENVER 12/18 at KANSAS CITY 12/24 at JACKSONVILLE 1/1 vs HOUSTON

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TITANSONLINE.COM

continued on page 48 The Tennessee Insuror

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in 2014 all the way to 12th last season. With free agency and draft additions, Tennessee's defense figures to be more talented and have better depth.

“We’re going to be multiple on defense,” Robinson grinned, providing an understatement when talking about the imaginative LeBeau. “He’s going to be very creative like he always is. We got a few chess pieces for him in free agency and the draft. I’ve always admired Coach LeBeau’s defenses from afar. I really like his approach and the players love him.

I expect us to get off the field on third down and hopefully create turnovers.”

For Jon Robinson, it's a given that progress will be measured in wins. But progress will also be measured in how closely the Titans comes to resemble the identity that he and Mularkey have clearly laid out, an indentity which Robinson shared at that opening press conference back in January, “We want tough players, we want coachable players, we want smart players, and most importantly we want players with a teamfirst attitude.”

Robinson is already seeing changes at Saint Thomas Sports Park.

“I think that every single player – free agency, through the waiver claim process and, certainly most importantly, the draft – all of those guys embody the traits that we’ve been talking about with the tough, team-first, accountable, hardworking, blue-collar approach to the game of football. I think that identity is starting to resonate. Mike is hammering it home at practice and we are getting closer.”

This off-season has brought new life to the Titans, which has been a massive lift to downtrodden Titans fans.

With excitement comes expectations and Jon Robinson understands that. He knows that soon “new and improved” in the off-season while be replaced by the “now and to be proved” in the regular season. But he has his own expectations, too.

While we don’t know how the 2016 season will turn out, we do know one thing about Titans general manager Jon Robinson.

To borrow a term that has probably been used once or twice around Troy, Tennessee...

He ain’t scared.

Could your agency weather a data security breach?

A full 80 percent of businesses that experience one don’t.1 The right insurance can keep your agency from becoming part of this startling statistic.

Data breaches are common among smaller businesses, and responding to a breach is both costly and complex.

You are obligated to protect the data you collect, and package policies are often not enough.

Make sure your agency has the right coverage in place to protect you and your insureds.

Contact your Insurors E&O Specialist, Stephen Holmes, CIC, CISR, for information on Data Breach coverage.

1. Privacy Rights Clearinghouse: Chronology of Data Breaches

About the Author Mike Keith is a native of Franklin, and is known as the "Voice of the Titans" in his role as the team's radio play-by-play voice. He is the reigning Tennessee Sportscaster of the Year, and brings you every moment of Titans football every week. Mike paints the picture home and away on your local Titans Radio partner. He began working with the Titans organization in 1996, and after working with Insurors of Tennessee for over 17 years, Mike is valued partner of our Association. u 48

Stephen Holmes, CIC, CISR sholmes@insurors.org 615.515.2609

The Tennessee Insuror

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The Tennessee Insuror

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“Sustainability, service, and partnership are at the core of our long-standing promise to independent agents.”

The Big “I” Professional Liability program was created by and for independent insurance agents. As Swiss Re Corporate Solutions’ steward of this 28-year program, I’m proud to say that we’ve built the leading national program working hand-in-hand with independent agents every step of the way.

At the foundation of this program’s substantial success is our relationship with IIABA and each Big “I” state association.

We work together in harmony with the shared goal of providing Big “I” members with nothing less than the best possible product. Program sustainability serves our mutual long- term goal of enhancing the security and success of independent agents.

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Our dedicated underwriters and claims staff also take great pride in the program and in their record of superior customer service. We strive to provide an unparalleled experience and working with the talented state administrator staff listed at right we hope to continue to make Swiss Re Corporate Solutions synonymous with the highest service acumen.

Another unique program feature is that we work in partnership with a committee of working independent agents to ensure that we’re not only offering agents an insurance product, we’re offering agents a seat at the table. Agent input has directly affected the architecture of our policy forms and I believe that that input is also an important part of their strength.

It’s my goal to see the program continue to provide broad coverage, excellent claims service, and meaningful risk management tools to independent agencies countrywide. We look forward to serving you and your agency for years to come.

To receive a proposal, contact your state E&O program 50manager. Visit www.iiaba.net/EOContact.

The Tennessee Insuror

Meetings

Spring Calendar Filling Up With Great Events Insurors of Nashville Golf Tourney August 8th The Insurors of Nashville annual golf tournament was rained out, and has been rescheduled for Monday, August 8th at Old Natchez Country Club. The event will feature a lunch, golf outing and social, with proceeds and school supplies donations benefiting Tom Joy Elementary School. For more information, please visit www.insurorsofnashville.com.

YOUR FIT FOR WORKERS’ COMP AND MORE!

Chattanooga Local Golf Outing August 29th

Preferred Comp of Tennessee is endorsed by

The Chattanooga local board will hold their annual golf tournament on Monday, August 29th at Chattanooga Golf & Country Club. For more information, please contact Mike Langley at mikel@brockins.com.

agencies competitive workers’ compensation options.

Knoxville Local Luncheon August 30th Insurors will host a local luncheon in Knoxville on Tuesday, August 30th at Buddy’s BBQ on Kingston Pike. The luncheon will feature a recap of the 2016 bills passed into law that effect our industry, as well as an update on the Association goals and events. Find more information or RSVP now at www. insurors.org.

Big "I" Leadership Conference 9/6-11 The Big "I" Fall Leadership Conference will be held on September 6-11 at the Hyatt Regency Chicago. The event will include the annual Education Convocation, the Executive Leadership and Committee meetings, and the Young Agents Leadership Institute. For more information on the event, or to register online, please visit http://www.independentagent. com/Events/FallLeadership/schedule/schedule.aspx

Insurors 123rd Annual Convention 10/29-11/1 The Insurors of Tennessee 123rd Annual Convention will feature exhibits, education, guest speakers, entertainment and events geared to enhancing the experience and success of Tennessee’s Independent Insurance Agent & Broker community. The event will take place at the Omni Hotel in downtown Nashville on October 29th-November 1st. We will be announcing more details in the coming weeks.

For more info, please visit www.insurors.org/IOT/Convention/ IOT/Convention/IOT_Convention_Home.aspx. u The Tennessee Insuror

the Insurors of Tennessee (IOT) to provide member

Meadowbrook Insurance Group, Inc. Low to Moderate Hazard Workers’ Compensation

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51

Member Tips

The PAP and Street Racing

by Bill Wilson, Director of Big "I" Virtual Univ.

Ever since the release of “The Fast and the Furious” franchise, agents have submitted multiple Ask an Expert questions regarding personal auto policy coverage for accidents resulting from street racing.

Consider the following denied claim.

Q: "A teenager was in an accident in which he was allegedly drag racing on a public roadway. The insurance company denied paying any of the claim due to an exclusion for racing events. In either the family auto policy or the PAP, do you know of coverage exclusions for drag racing on a public roadway?"

A: “It depends on the specific policy form and state. In this case, we'll assume it's the latest ISO PAP, which says (emphasis ours): Part A -- Liability B. We do not provide Liability Coverage for the ownership, maintenance or use of: 4. Any vehicle, located inside a facility designed for racing, for the purpose of: a. Competing in; or b. Practicing or preparing for; any prearranged or organized racing or speed contest.

A similar exclusion applies to medical payments and physical damage. While one might argue that the Pink Lady Incident was "prearranged or organized," in neither scenario were the vehicles "located inside a facility designed for racing."

Therefore, the ISO PAP exclusion would not normally apply to street racing.

Read the complete article, “The Fast and the Furious... The PAP and Street Racing," in the Big “I” Virtual University at http:// www.independentagent.com/Education/VU/Insurance/ Personal-Lines/Auto/Liability/WilsonStreetRacing.aspx. u

Directory of Advertisers Advertiser

Phone

Website

Page

ACUITY (920) 458 - 9131 www.acuity.com 38 Allstar Financial Group (877) 950 - 3222 www.allstarfg.com 22 Amerisafe (800) 897 - 9719 www.amerisafe.com 17 AmTrust North America (877) 528 - 7878 www.amtrustnorthamerica.com 49 Applied Underwriters (877) 234 - 4450 www.auw.com/us 2 Arlington/Roe & Co. (800) 878 - 9891 www.arlingtonroe.com 13 Auto-Owners Insurance (615) 373 - 5200 www.auto-owners.com 55 Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 9 Beazley Data Breach Coverage (615) 515 - 2609 www.insurors.org 48 Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 16, 19 Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 24 Brentwood Services Administrators (800) 524 - 0604 www.bwood.com 24 Builders Mutual (800) 809 - 4859 www.buildersmutual.com 22 Burns & Wilcox (800) 341 - 4844 www.burnsandwilcox.com 15 CNA Insurance (800) 251 - 5852 www.cna.com 45 CompTrust AGC Tennessee (800) 524 - 0604 www.comptrustagctn.com 26 Consumers Insurance (615) 896 - 6133 www.ciusa.com 52 EMC Insurance (800) 239 - 2005 www.emcins.com 34 FCCI Insurance Group (800) 226 - 3224 www.fcci-group.com 12 Hilb Group (804) 414 - 6505 www.hilbgroup.com 20 INSBANK (866) 866 - 4268 www.insbanktn.com 11 J.M. Wilson (800) 595 - 0063 www.jmwilson.com 42 Johnson & Johnson (931) 704 - 0810 www.jjins.com 28-29 Kaplam University (877) 761 - 9150 www.kaplanfinancial.com/firm-insce 47 Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40 Martin & Zerfoss/AIG (615) 297 - 8500 www.martinzerfoss.com 31 MetLife Auto & Home (615) 812 - 4811 www.metlife.com 26 The National Alliance for Insurance Ed. (800) 633 - 2165 www.thenationalalliance.com 37 National Security Group (800) 239 - 2358 x267 www.nationalsecuritygroup.com 41 Nationwide (614) 948 - 4107 www.nationwide.com 50 Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56 Preferred Comp/Meadowbrook (800) 755 - 8090 www.meadowbrook.com 30, 51 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 42 Securerisk (770) 723 - 8096 www.securerisk.com 36 South & Western (800) 492 - 5351 www.southandwestern.com 33 Summit Holdings (800) 971 - 2667 www.summitholdings.com 26

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