The Tennessee Insuror Jul/Aug '19 by Insurors of Tennessee

THE TENNESSEE

INSUROR July/August 2019 Volume 30 | Number 4

A New Start Tennessee Department of Commerce and Insurance Interim Commissioner Carter Lawrence Discusses the Industry with Insurors

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Seven Figures: A Rogues' Gallery... Fraud: A Continual Concern...

Eadie Named as OCSR of 2019

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The Tennessee Insuror

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THE TENNESSEE

INSUROR Vol. XXX, Number 4 July/August 2019

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Phone (615) 385-1898 Toll Free: 1-800-264-1898 Email: info@insurors.org Editor: Ashley Gold, J.D. Publisher: Daniel D. Smith Jr., CAE

4 A New Start INSURORS OFFICERS

President ........................................................................... Joe Hunt Immediate Past President ............................... Chris Allison, CIC IIABA National Director ......................................... Lou Moran III VP, Region III and President Elect ........................ Bob McIntire Vice President, Region I ................................... Norfleet Anthony Vice President, Region III .................................... Chip Fridrich Jr. Treasurer ..................................................................... Tim Roberts Secretary ................................................................. Chip Hoover Director, Region I .................................................. Tommy Allmon Director, Region I .................................. S. Keith Phelps, CIC, CRM Director, Region I ......................................... Richard Whitley, CIC Director, Region II ............................... Christy Jones, CISR, CAPI Director, Region II ............................................ John McCord, CIC Director, Region II ..................................................... Taylor Porch Director, Region III ............................................................ Tim Witt Director, Region III ................................................. Mark Slater Jr. Director, Region III ...................................... Brandon Clarke, CIC Young Agents Chair ........................................................ Cy Young

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TN Dept. of Commerce and Ins. Interim Commissioner Carter Lawrence...

Seven Figures: A Rogues' Gallery of Severe Claims

Fraud: A Continual Concern for Banks and Clients

12 Eadie Named as OCSR of 2019 14 Daniel Talks Agency Marketing: Reaching Your Target2... The Resource to Reach Them is at Your Fingertips 46

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Commissioner Lawrence talks with Insurors CEO Ashley Gold and Director of Government Relations jim Layman

A New Start Tennessee Department of Commerce and Insurance Interim Commissioner Carter Lawrence Discusses the Industry with Insurors

On June 17, Governor Bill Lee read the oath of office to interim Tennessee Department of Commerce and Insurance (TDCI) Commissioner Carter Lawrence. Lawrence previously served as TDCI’s Deputy Commissioner overseeing the department’s administration as well as the Division of Regulatory Boards. While managing the Division of Regulatory Boards, he oversaw nearly 40 fee reductions across the division’s 27 program areas, TDCI said, benefitting many of the more than 250,000 licensees across the Volunteer State.

service as Interim Commissioner. I thank Governor Lee for the opportunity to serve Tennessee in this role,” Lawrence said in a release.

A native of Williamson County, Lawrence is an attorney and studied law at the University of Tennessee at Knoxville, where he also obtained a Master of Business Administration. For undergraduate studies, Carter obtained a Bachelor of Arts degree at Wheaton College in Wheaton, Illinois. He and his wife, Amy, are the proud parents of two boys and are members of Church of the Redeemer in Nashville, where he also serves as a vestryman.

The Insuror: Can you give our readers a little background on your education and early career? How did you get involved in regulation?

He is the successor to former Commissioner Julie Mix McPeak, who left the role on June 14 to take a job in the private sector. It was later announced that she would be opening the Nashville branch of law firm Greenberg Traurig, and serve in their insurance regulatory and transactions practice. “Commissioner McPeak leaves a legacy of sound management practices and continually challenging the Department’s executive staff and our team members to strive for their best as they serve the public. Following her example, I will champion Governor Lee’s vision for Tennessee during my 4

Goals and Expectations The Tennessee Insuror had the opportunity to sit down with Commissioner Lawrence and discuss some of his thoughts on the insurance industry and goals for his new role.

Commissioner Lawrence: I graduated from Wheaton College, a Christian liberal-arts school in the Chicago suburbs, with a Bachelor of Arts. I had a great experience there graduating a year early, moved back to Tennessee, and soon thereafter started working for now-Representative Pat Marsh. Next, I worked on Governor Haslam’s campaign and then in his administration. Serving the Governor as Advisor for Boards and Commissions was my first role in State Government and I really enjoyed it. I stepped aside from that role to attend law school at the University of Tennessee. While there, I also received a degree in business administration. The Insuror: As a native Tennessean, what does it mean to you to be part of State Government? Commissioner Lawrence: Tennessee is obviously a very speThe Tennessee Insuror

cial place. Although I’ve only lived in two (East and Middle) of our three grand divisions, I’ve spent a lot of time with my family in Memphis and appreciate all three regions. We’ve been incredibly fortunate that, along with our state’s many natural resources, we’ve also been served by great leaders. Getting to be a part of the organization that serves Tennesseans is incredibly satisfying. Thousands of Tennesseans directly interact with the Department of Commerce and Insurance weekly and our decisions and policies impact far more than that every single day. With that in mind, I take very seriously the responsibility of providing balanced oversight of insurance and the regulated professions while enhancing consumer advocacy, education and public safety. The Insuror: What are your short-term goals as Interim Commissioner? Have you set any goals for potential future years?

The Insuror: What is your outlook on the insurance industry in Tennessee for the next 4 years? Commissioner Lawrence: The next four years should see continued growth and, hopefully, innovation in Tennessee’s insurance markets. In the last few years, we have seen three carriers enter our health insurance individual markets for the first time and those companies have started to expand. I’d like to see a stable market and the trend of increased competition continue with more options for more Tennesseans. There are also interesting products being introduced across the country that help consumers manage and mitigate their risks, such as water detectors in homeowners’ policies, that I would like to see grow in Tennessee. We would like to be one of the first states considered for companies to rollout new and innovative products.

Commissioner Lawrence: At a high level, our goal is that we will remain focused on being an innovative leader in fostering fair marketplaces, public safety, and consumer education and promoting the success of individuals and businesses. One short-term focus is to make Department services more accessible, navigable, understandable, and transparent. Longer term, we want to be responsive to evolving trends and help create innovative opportunities for serving all communities. The Insuror: In your opinion, what role do trade associations have in the regulatory process? Commissioner Lawrence: While I’m getting to know the Insurors of Tennessee for the first time, I’ve gotten to work with trade associations for some time now while at the Department. I value the perspective of the associations in making more visible what we are always looking for – input from the men and women we’ve been tasked with regulating. This is especially important regarding legislation, rulemaking and general policy. I’ll add, by the way, as a lifelong Tennessee fan, it is fun getting to sit down with an organization I first heard of as a sponsor of the Vol Radio Network and whose commercials I still remember from childhood. The Insuror: In your opinion, how important is the role of insurance agents in helping consumers properly cover their risks? Commissioner Lawrence: Critically important. I appreciate the wording of the question because I think that so many people don’t properly understand risk and agents are uniquely qualified and situated to help inform consumers of risks as well as options for mitigation. The Insuror: Are there upcoming bills of interest from your Department that our agents should know about? Commissioner Lawrence: While it would be premature to comment on specific legislation, we will of course be supporting the Governor’s initiatives, focusing on maintaining NAIC accreditation, and responding to needs of the insurance industry and consumers. The Tennessee Insuror

Governor Bill Lee swears Lawrence into his role of office as Interim Commissioner while his family looks on

The Insuror: What would you like our agents to know about you? Commissioner Lawrence: That I come from an insurance family! Both of my grandfathers were career insurance men. My paternal grandfather went straight from law school into insurance claims work for St. Paul and was with them until the mid-60s. He then got into the agency side of the business, and my uncles still run that operation today. My maternal grandfather began his over sixty-year career in the insurance industry as a P&C claims adjustor. He held many positions (including serving as the President of the National Association of Health Underwriters in 1985) before finishing his career in third-party administration. The Insuror: In your opinion, what is the role of an insurance regulator? Commissioner Lawrence: As I alluded to earlier, I see the role of insurance regulator as providing balanced oversight. We want to ensure that the Governor’s vision for fostering fair marketplaces is achieved efficiently. The Insuror: Do you feel we are one of the best states in the country for insurance regulation? If not, how can we get there? 5

Commissioner Lawrence: Absolutely. As I have had the opportunity to sit down with industry stakeholders over the last few weeks, it has been clear to me that the insurance community views Tennessee as a great place to do business and views the TDCI as a very accessible and reasonable regulator. We are always looking out for the protection of the consumer and we recognize at the same time the benefits provided through a collaborative relationship with a competitive industry. We view ensuring sound companies as a most critical aspect of our consumer protection. And we do it with a comparatively lean staff. We must ensure that we have enough staff resources to keep up with new challenges posed by innovative products and company modernization if we are to continue to succeed. The Insuror: If our members need help from the Department, how should they make contact? Commissioner Lawrence: I intend to be accessible, but I know that many have worked with our insurance division’s leadership, including Assistant Commissioner for Insurance Michael Humphreys, and Deputy Commissioner Lorrie Brouse. Who you reach out to first may depend on your need, but we are a collaborative department and will direct you to the right person when you reach us.

Lawrence represented Tennessee at the signing of an Executive Order for "Improving Price and Quality Transparency" in American healthcare

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Utilize the Department's Resources The Insurance Division of the Tennessee Department of Commerce and Insurance is comprised of seven sections tasked with protecting consumers and ensuring a viable insurance marketplace in the State. This Division regulates and licenses both individuals and corporations, assesses suspicions of fraud, and provides resources to compare various insurance providers for citizens of Tennessee. Agents can utilize the Department for licensing, CE, carrier/ filing resources, regulatory questions and more. For additional information, please visit the TDCI website at https:// www.tn.gov/commerce/insurance-division.html or call 615.741.2241. u 6

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Seven Figures: A Rogues' Gallery of Severe Claims

written by Caryn Mahoney, AVP, Swiss Re

No agency wants to commit an error or omission that results in a huge E&O claim. Likewise, no E&O carrier wants to receive an E&O claim that results in a large payout. But these claims happen, and many of the worst ones—those in excess of $1 million—come from the same lines of business and involve similar types of errors.

Transportation Claims Placement of auto and trucking policies resulted in about 14% of the larger E&O claim payments: •

CGL Claims Leading the way in 2006-2018, commercial general liability claims comprised about 23% of E&O claims with payments in excess of $1 million and about 30% of claims with payments in excess of $2 million. Here are a few examples: •

•

$5 million in losses on a claim alleging the agent missed an exclusion in the underlying policy placed for the manager of a large construction project at a power station. An explosion killed six workers and injured 55 more, in addition to causing property damage to 33 nearby homes. $2 million on a claim alleging the agent failed to place a policy that included coverage for faulty workmanship for the developer of a condo project.

•

• •

•

Commercial Property Claims Commercial property claims made up about 17% of $1-million E&O claims. Since commercial property policies on highvalue real estate involve high limits, an alleged error or omission can cost millions of dollars: • •

A settlement of more than $3 million for the agent's alleged failure to place wind coverage for a large apartment complex. A settlement of $2 million, on top of $700,000 in defense costs, when a claim proceeded to trial against an agent for alleged failure to place blanket coverage for a sportswear manufacturer.

• • • •

More than $1 million in losses and defense costs for a claim alleging the agency assumed responsibility for hiring the plaintiff's drivers when it undertook the task of obtaining driving records. A settlement of $2.5 million for injuries to the insured's employee when the agency allegedly failed to place non-owned auto coverage for a high-end vacation rental company. The employee suffered double leg amputations in an accident that occurred while driving her personal vehicle for work-related purposes. A settlement of $1 million for the agent's failure to place the assault and battery sublimit on a binder. A settlement of $1.7 million for the agency's failure to timely notify the CGL carrier of an underlying claim against an apartment complex involving the fatal shooting of a mother and her three surviving children. $1 million for a claim alleging the agent improperly classified the operations of a street cleaner and failed to advise of an exclusion for operations on the open road, leaving an uncovered fatal injury. A settlement of more than $2.2 million for an error on the app regarding prior claims and the number of vacancies in an apartment complex, which later suffered a total fire loss. A settlement of $2 million from the agent's alleged failure to advise of the wind and hail exclusion on an excess policy issued to a large professional office building. A payment in excess of $10 million for a claim involving failure to secure blanket business interruption coverage for business interruption for a marina. A settlement of $1.3 million for the agent's listing of a car on a business auto policy that was not owned by the continued on page 30...

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Fraud: A Continual Concern for Banks and Clients

written by our partners at INSBANK

Unfortunately, fraud is not going away anytime soon, and it’s important that businesses easily identify and respond to potential threats. That is why it is imperative that each of us play an important role within our household and organizations to mitigate fraud. The problem is serious and should not be taken lightly. No company ever anticipates becoming a victim of fraud, but every company has what the bad guys want – money, access to bank accounts, access to email contacts, human resources records, intellectual property and even your brand. Banks place a great deal of thought and time into appropriate procedures to minimize risk while balancing their processes and delivering an exceptional customer experience. In this article, we will address different types of fraud and products that your bank may offer to mitigate your exposure. As much as the industry has automated monitoring and analytics to fight fraud, it has also produced many systems and features that allow you, as the customer, to participate in fraud mitigation as well. As we explore a few of these, think about how adopting some of these solutions and/or procedures may help in the fight against fraud.

Common Fraud Risks Check Fraud: Although it is important to also consider virtual fraud risks, it is equally as important to realize that check fraud is still a risk and has been on the rise in recent months. Fraudsters easily replicate checks and then present them at local banks and/or check advance establishments. Debit Card Fraud: This continues to be a prevalent problem for both consumers and businesses. Debit cards are still being compromised even with the enhancement of the EMV chips that were introduced several years ago. Although Regulation E protects consumers in the event of debit card fraud, this Regulation does not provide equal protection for business cardholders. Email Hacking: A business owner’s hacked email provides the fraudster the ability to make what appears to be legitimate requests via email, usually wire transfers. Trusting email as a safe source of instruction and approval, may expose your business to great risk and potentially result in substantial losses.

Combating Fraud If you are a commercial client, Positive Pay, may be a viable solution for you. It provides protection against check fraud, 10

especially for accounts with significant check volume, which extends the time in which it is practical to manually reconcile an account in order to identify fraudulent debits. Positive Pay is an automated fraud detection service that matches the account number, check number and dollar amount of each check presented for payment against a list of checks previously authorized and issued by your company. Typically, all three components of the check must match exactly, or it will not pay. Positive Pay requires a company to transmit a file of checks to the bank, which is easily accomplished through the bank’s Cash Management System online. When those issued checks are presented for payment at the bank, they are compared electronically against the file of transmitted checks. When a check is presented that does not have a match in the file, it becomes an exception item requiring additional approval from an authorized user of the bank account. In addition to Positive Pay, your bank may provide Lockbox Solutions. Not only does this service accelerate the collection of a company’s remittances, enabling you to manage your account receivables more effectively, but it also delivers them securely to a local P.O. Box, and if medically related, this solution meets all HIPAA compliance standards. Some more traditional ways to protect your business is properly managing of the company’s cash, establishing appropriate training, and developing internal operating procedures and due diligence. It is important to establish a tailored, cash management platform to give you and authorized users of the company the ability to access account information online or through a mobile device to initiate transactions, make payments and deposit checks electronically. Once your company has determined the appropriate products and tools, it is important that they follow proper procedures to protect you and your business. While these are just a couple of examples of systems that allow you – the customer – to participate in fraud mitigation, you can easily recall fraud scenarios that you have witnessed and the positive impact these two systems could have had on those situations. Learn what your bank offers – after all, it is your money. u The Tennessee Insuror

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Eadie Named as OCSR of 2019 Connie Eadie, CIC, CISR, Personal Lines Operations Leader for Brown & Brown Insurance of Tennessee in Nashville, has been named as the 2019 Outstanding Customer Service Representative (OCSR) of the Year for Tennessee by the National Alliance for Insurance Education and Research.

my clients from what they don’t know that they don’t know! I have always learned something valuable in every class that I’ve taken.

A New York native, Eadie moved to Florida after graduation and began her career in the insurance industry as a file clerk for a non-standard auto agency in 1989. She managed all of the processing, underwriting, billing, cancellations/ reinstatements and client files for 7 locations. She also obtained her 2-20 and Life, Health & Variable Annuity licenses. When the owner of the business decided to sell 6 of the satellite locations to individual franchisees, she moved to the front of the house and became the office manager and primary agent of the local office for the next 5 years.

Connie: I love the internet. It has made my job as a CSR so much easier. The internet gives me access to statistics, tax records, Google map photos, real estate listings, etc. Having all of this information at my fingertips helps me with front end underwriting and helps eliminate misquotes and additional premiums. Customers expect me to be quick and accurate and they want it all immediately. On the flip side, there is so much information coming at a CSR all the time – emails, phone calls, carrier notifications – that it can be overwhelming. Having a good work team is invaluable as it helps you not have to be an expert at everything.

After the agency was sold to a new owner, she moved on to a customer service position with a local State Farm agent and was there for 2 years. Always eager to move forward, Eadie saw an opportunity to own and operate her own Allstate agency. She went through the onboarding process and opened a scratch Allstate agency in February of 1999. She survived opening an agency without a single customer and continued to prosper until selling her agency in 2011 to relocate with her family from Florida to Nashville. During her tenure with Allstate, she was named Rookie of the Year, won the Chairman’s Conference, National Conference, Honor Ring and placed at the top in her territory for auto and supplemental sales several times.

Earning CIC and CISR Designations The Insuror: Why did you decide to earn your CIC and CISR designations, and how have they impacted your day-to-day job? Connie: I’ve always had the desire to obtain my CIC designation but had never dedicated the time to pursue it. My employer not only encourages and pays for continuing education, they also allow the time necessary to attend the classes and to study for the tests. With their support I’ve been able to obtain the CIC and CISR designation and I plan to pursue the CPRM designation next. Even after 29 years in the insurance business, I am constantly learning. Policy forms and underwriting are constantly changing and customer needs and exposures are greater due to the times we are living in. It’s my responsibility to protect 12

Being a CSR in Today's Industry The Insuror: What's different about being a CSR in today's industry?

Customers are constantly bombarded on TV and online with the message that insurance is all about the price. This is so disheartening to me as an insurance agent. Insurance companies expect us to sell their policies based on features and benefits yet they target the customers with price. As a CSR, I offer several options when I market a customer and use coverage comparisons that outline the differences between policies alongside the price so that customers can make informed decisions. If a customer is determined to buy on price, I know that I’ve at least shown them what they’re getting (or not getting) for their money. Due to all of the options consumers have, I know that the only way I can differentiate myself is by offering exceptional and friendly customer service. I try to always answer my phone (without it going to voicemail) so my customer feels that I am accessible; I try to return calls as quickly as possible so my customer feels heard; and I try to complete a service request immediately so my customer feels like what they need is important to me (which it is). The older I get the less I tolerate bad customer service in my own life so it’s something that I’m very focused on.

Now in Line for National CSR Award Eadie will now be placed in the competition for the National Outstanding Customer Service Representative of the Year. The national winner receives a $2,000 cash award; national finalists win $500. The national winner will also receive a custom plaque and special jeweled pin. u The Tennessee Insuror

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Daniel Talks Agency Marketing: pt. 2 Reaching Your Target Market The Resource to Reach Them is at Your Fingertips Why should agencies market themselves? How should they market themselves? In this series I will look into agency marketing techniques and strategies and how you can implement them at your agency. So far in this series, we have discussed how to "Define Your Target Market" and how to "Find Your Target Market." We then discussed the first part of "Reaching Your Target Market," focusing on Facebook tools. Most people utilize Facebook in their day-to-day lives, but there is another social networking site that gives you more professional data, and continues to increase in members and usage every year. LinkedIn has become an extremely valuable business tool, and it is still evolving. Once thought of as a site to post your digital resume and look for jobs, it is now the hub for over 500 million users, over half of which log in each month to view contacts and look for business updates. In fact, 40% of those monthly users are actually logging in daily.1 I frequently utilize LinkedIn to find prospects for the Association and identify industry contacts. What better source to determine job, title and role in the company then a site that is setup with profiles that show you just that. Perhaps more importantly, 8% of the active users on LinkedIn are decision makers for their company or organization. And targeting those decision makers is easy, thanks to the tools that LinkedIn provides for you.

written by Daniel Smith, CAE

suggest you at least add a concise but compelling reason on the invite as to why they should add you as a connection. Utilizing a shared connection is one way to go, for example â&#x20AC;&#x201C; "I saw that you are connected with Stacy Barnes, and she is someone I trust in your industry. I'd like to add you to my network as well." But you also don't know how well they know your shared connection, so a better route might be â&#x20AC;&#x201C; "I saw you are one of the leaders in the commercial real estate industry. I'd like to add you to my network so I can learn more about the space." 2. Content Marketing - Positioning yourself as an expert in an industry or segment of an industry is a great way to gain credibility. But to do so, you must effectively showcase your expertise. The best way to do this is by sharing content. Create articles, videos or posts that discuss important issues that may affect the business segment(s) you're targeting. Share articles, videos or posts from others that you think contain valuable information. Comment on others posts with information that is relevant to their discussions. Do this consistently and you will gain followers and relevance on the site. 3. LinkedIn Ads/Insight Tags - Just like Facebook, LinkedIn

Utilizing LinkedIn to Reach Your Targets There are several strategies available to reach audiences on LinkedIn. Admittedly, some of these strategies will require you to pay for a higher tier subscription level, but I can assure you that it is worth your time and money if you utilize it properly. Here are some of the paths you can take to build and draw from an audience on LinkedIn: 1. Connections - It is extremely important to build your network of connections on LinkedIn. I personally add everyone that I meet in person to my network because it helps develop my credibility on the site and also serves as another way for them to remember our meeting. I don't personally add people that I haven't met or least interacted with on the phone, but you can pursue that strategy as well. If you do so, I would

LinkedIn offers a great toolbox to help you target and connect to prospects

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has an option for you to advertise and/or target certain audiences. Because LinkedIn contains so much professional data, targeting for B2B marketing can be extremely successful on this platform.

Getting Started with LinkedIn Insight Tag The LinkedIn Insight Tag is lightweight Javascript code that you place across your website. This tag drops a "cookie" on visitors' web browsers when they visit your website. The Insight Tag shouldn't cause additional time for the website page to load, it just helps track your visitors and the conversion you have from LinkedIn. The Insight Tag enables you to tie website conversion goals (form fills, email signups, eBook downloads, etc.) to the analytical tools for LinkedIn ads. By implementing these conversion tracking features on your site, you will have much stronger data to lean on when optimizing your ad spend. Which creative works best with your target audience? Where are you generating the best ROI? These insights are crucial in today’s marketing environment. To use the Insight Tag, sign into the LinkedIn Campaign Manager. On the account dashboard, click on the “Account Assets” dropdown and select Insight Tag. After you select Insight Tag from the menu, a window will pop up containing a string of code. Add the Insight Tag to your site by copying and pasting the code into the body section of your site’s HTML, right above the </body> tag. If you don't update your site, have your developer or IT person add the code as needed. Not sure ad targeting on LinkedIn will work? Take a look at this "extreme" example. Jack Smith, Vungle co-founder and technology entrepreneur used LinkedIn ads that were targeted at one investor to raise $120,000 for his start-up. Hear his story on The Hustle podcast at https://apple.co/2LRlLlV – maybe you can steal some ideas from his experience (LinkedIn discussion begins around the 19 minute mark). By powering connections, conversion tracking and demographics, LinkedIn has the ability to be a clear differencemaker for the many companies who have integrated it. I would highly recommend that you add it to your marketing strategy today. 1 - per "48 Eye-Opening LinkedIn Statistics For B2B Marketers In 2019" via https://foundationinc.co/lab/b2b-marketing-linkedin-stats/ 2 - per "How to Unlock Value with the LinkedIn Insight Tag" via https:// business.linkedin.com/marketing-solutions/blog/linkedin-b2b-marketing/2017/how-to-unlock-value-with-the-linkedin-insight-tag

About the Author Daniel Smith serves as the Chief Marketing Officer for Insurors of Tennessee. He has a Bachelors degree in Marketing with a minor in Graphic Design from the University of Tennessee at Chattanooga, and earned his Certified Association Executive (CAE) designation in 2017. He may be contacted at dsmith@insurors.org. u 16

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Future Leaders Spotlight

presented by

Ellie Vieth • Insurors of Tennessee - Nashville I grew up in Evansville, Indiana which the rest of the state considers to be Kentucky. I moved to Nashville in 2015 and my interests include hanging out with my husband Tyler, our dog Otis and our friends here in town. I also love reading, running, Netflix, coffee, yoga and checking out Nashville’s new restaurants. I have Ellie Vieth of Insurors of also volunteered with the Tennessee philanthropic organization Hands on Nashville in the past and I’m always interested in new opportunities to help out this great community with them.

The Insuror: Can you tell us a little about your current job title and responsibilities? Ellie: My current responsibilities with Insurors include anything to do with education, events, RLI or membership. I’ve been handling the education side of things since I started in May 2016 and most recently started handling more of the events we hold throughout the year. That’s really the part of my role I enjoy the most. I love working with the Insurors team on creating new ideas that bring our members together, planning them and then watching them come to life.

The Insuror: What can you tell us about your educational background? Ellie: I graduated from Purdue University in May 2015 where I eanred my Bachelors degree in Tourism Management. I was fortunate to receive a lot of hands on experience while there and had tremendous faculty help me learn and grow along the way.

The Insuror: How and why did you get your career in the insurance industry started? Ellie: I don’t think anyone ever thinks they will end up in the insurance industry and then when they do, they realize, there’s a whole to learn about it which is what makes it so interesting. I never thought I would end up in the insurance industry but I’m thankful I did. I have learned a lot from being with Insurors. 18

The Insuror: What have you learned in helping agents with RLI Personal Umbrella business? Why do you feel this is an important coverage for agents to be offering? Ellie: I have learned that our members who utilize the RLI service that we offer here at Insurors are so thankful that we have this for them. They find that it’s a very helpful and beneficial service that they can offer their clients. This is an important coverage for agents to be offering because accidents happen and RLI provides that extra coverage for peace of mind to an insured. I also think it gives our agents added value in their coverage offerings.

The Insuror: Do you have any influences/role models in the industry? Ellie: My influences in the industry would have to include the whole team here at Insurors. Stephen Holmes is very knowledgeable and I know I can always count on him to answer any strange insurance question I might have. Daniel Smith is extremely helpful with who to contact for what in the industry. Ashley Gold and Jim Layman are experts with the legal and regulatory side of the industry. Colleen Vance can always explain an invoice one of our members receives if they have a question about it. Don Cunningham is also very knowledgeable and I enjoy coordinating the educational courses with him. Abby Wheeler and Brooke Powers are both fairly new to the team but I can already tell that they will be great assets to Insurors.

The Insuror: Is there any advice you could offer Young Agents or others in the industry to achieve success in their careers? Ellie: I would say to get as involved and interested in the industry as you can. We put on several events throughout the year for Young Agents as well as anyone else looking to be more involved. Look out for those dates and come network with your fellow insurance agents. There is so much you can learn from one another.

The Insuror: Thank you for giving us your time, Ellie, we appreciate it and wish you continued success. Ellie: Thank you for the opportunity! I enjoy working with all of our members and look forward to meeting more of them as my career continues. u The Tennessee Insuror

Young Agents '19

Are you making the Right Choice for their Business?

Upcoming Events and Information

Our Young Agents Committee strives to offer young insurance professionals with opportunities to network and develop in the industry. Over 500 Insurors members participate in the Young Agents program in some fashion. So far in 2019, we have held education, government relations and networking events throughout the state with a total of over 200 young agents attending these events. We still have one event remaining in 2019, and we will soon begin planning for our 2020 calendar. If you have thoughts or suggestions on an event topic, location or venue, please let us know. In the meantime, we hope you'll join us at our Young Agents event at the Annual Convention or contact us for information:

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The Tennessee Insuror

From Your President It's Worth It!! I've been attending Insurors conventions since the mid-90s. Why? Because every time I go I learn something new or meet someone new, and over the years those new things have led to several opportunities for me and my agency.

Shark Tank book author Michael Parrish DuDell at the Aquarium, where he'll be signing some copies of one of his books for attendees.

For example, our agency currently represents two insurance companies with whom our initial meetings were at the Convention. We have built volumes in the millions with both of these companies. We have also found several brokers in the trade shows that we work with on a daily basis. Stories similar to these can be found throughout the state.

Monday, October 21 will be our busiest day of the Convention, as we start bright and early for the final two hours of our trade show. We'll then have our agent general session featuring Parrish DuDell as our keynote speaker. He's going to share some interesting ideas about success that he has learned from his experiences with Shark Tank. I for one am excited to hear about them.

Have you been to an Insurors convention? If so, you know that these events are more than just social gatherings. They are opportunities to build relationships, find new markets, learn about new agency best practices, research products and much more. If you haven't been, I truly think you are missing out on one of the best industry events in our state.

Monday afternoon has options for everyone, as we will host our annual golf tournament and our clay shoot. If those aren't your thing, how about a tour of a 70' motoryacht and a seminar on how to cover specialty watercraft?

Each year our Insurors Board and staff works hard to put this event together, and this year is no different. Take a look at some of the functions and speakers we have lined up for you.

Opening Events On Saturday, October 19, some of our attendees will arrive early and are invited to join us for a football viewing party at the Westin's Dorato lounge. This is a casual function to get things started.

A Full Day of Events

Monday night we'll gather back at the Westin for a new function for 2019, an all-attendee reception. We hope this event gives everyone the chance to really spend time networking and enjoying time with counterparts in the industry.

The Association Day We could not run this Association without having an annual membership meeting. Tuesday, October 22 is the day for that meeting this year. In addition to going through the business of the Association, we will recognize our award winners and also give away some pretty impressive door prizes.

On Sunday, October 20, we'll really get things going as we open our trade show with around 70 exhibitors. The exhibit hall is a great place to build relationships and/or make new ones. We also have breakout sessions scheduled, including George Robertson updating us on agency technology, and our Young Agents session led by the hosts of The Insurance Guys podcast.

A Personal Invitation

That evening, we've rented out The Tennessee Aquarium for our guests, and we'll be hosting a special dinner with live entertainment and some special guests. Attendees can also meet

I'd encourage each of you to send at least one person from your agency. I guarantee you that the value for registering and attending this event is out there for the taking. u

The Tennessee Insuror

"Our agency currently represents two insurance companies with whom our initial meetings were at the Convention.â&#x20AC;?

Still not convinced? I'd be happy to talk with about the event and tell you more about why it helps your agency to attend. Email me at jhunt@vrwilliams.com and we'll discuss it. If you've got a question I don't know the answer to, I'll find out for you.

Joe Hunt 21

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The Tennessee Insuror

From Your IIABA National Director On Your Behalf Do you really know what all the Insurors of Tennessee and Big "I" do for your agency? Here are a few examples...

Big Wins in D.C. The latest real big “win” helps your agency if it is a pass-through entity, aka S-Corporation or an LLC. When President Trump passed his landmark tax reform last year, Insurors members who operate as either an S-Corporation or an LLC were shut out. Agencies operating as a C-Corp received a very nice 20%+ decrease in their tax bill, but S-Corp and LLC agencies were excluded and did not benefit from the tax reform. In response, your Big "I" Federal Governmental Affairs team in Washington, D.C. jumped right in the fight. With their hard work, pass-through entities are now included and can utilize the full 20% reduction (as long as your income does not exceed certain thresholds for individual and joint filers). In the recent Big "I" membership survey on the matter, 64% of members saw a benefit on their 2018 taxes because of the new law. That includes the 72% of those surveyed that are organized as pass-through entities. How much money are we talking? The survey showed that 37% saved more than $15,000. In addition to the big win with tax reforms, the Big "I" Government team always has Flood Insurance to deal with. During the latest governmental shutdown, a separate appropriation measure was passed to keep flood insurance in effect. However, the administrator of the national flood insurance program decided he would shut down the program too. Once again our Big "I" team rolled up their sleeves and tackled this head on. Subsequently, the flood insurance program continued to operate during the governmental shutdown.

Protection in Our State On the state level, your membership in Insurors of Tennessee protects you in legal and regulaThe Tennessee Insuror

tory matters that originate from both the State and Federal level. Your paid lobbyist staff members – Ashley Gold and the “new guy” Jim Layman have their hands full each January as our state elected officials come back to Nashville and start filing all their “bills.” But never fear, the Insurors team is on the job and sifting through the piles of legislation, looking for the bills that will have a negative effect on both our agencies and our clients. Ashley and Jim are highly respected for their knowledge on insurance and are adept at working to make our lives and our clients’ lives better by protecting the insurance industry. Even if their suggestions and actions go against the wishes of our carrier partners – because doing the right thing is the right thing to do. For example, you may remember the Opt-Out issues of 2015, when our Insurors team stepped up and protected our interests on workers' compensation issues. There are rumors that those efforts may return, as Opt-Out legislation is being filed in our neighboring state of Arkansas. Rest assured, Ashley and Jim will be ready to fight this issue again if the need arises. And finally on the topic of advocacy, the cost to lobby and address important issues for our industry and our agencies costs money. While making contributions to InsurPACTN or InsurPac National may not be your favorite thing, it is vital to our existence and the future of our industry. In the next few weeks you will receive a series of mailings regarding contributing to InsurPACTN and InsurPac National. If you have never contributed, seriously consider making a contribution, and if you are a contributor please consider increasing your contribution by $100 to both PACs (Let’s break this down... if you contribute $100 to each PAC, for a total of $200, that’s less than $4 per week. I believe that everyone reading this article can afford $4 per week). Thanks for reading, and as always it is my honor to serve as your National Director to the Big "I". If I can ever be of help to your agency, please do not hesitate to call me at 865.637.4519 or email lmoraniii@inter-agencyinsurance.com. u

“The sur vey s h o w e d that 37% (of agenc y members) s ave d m o r e than $15,000.”

Lou Moran III 23

Olympia Insurance

The Tennessee Insuror

From Your CEO Are You Professionally Developed? Professional development is often defined as, "opportunities to expand your knowledge or to earn/maintain professional credentials which can be found in formal coursework, attending conferences, and informal learning opportunities." There are many reasons to participate in professional development such as the need to maintain a license, an interest in lifelong learning, a sense of moral obligation or to improve your professional competence. However, professional development can also be the key to your success. It can set you apart from your competition and ultimately grow your business. One of the fundamental principles of Insurors is education. It is in both our mission statement and our values statement.

Insurors Value Statement We educate, protect and support independent agents. The Insurors Board developed the above value statement after careful consideration of member surveys and strategic planning information. We feel it concisely represents the goal of the Association. One of the key pieces of that statement is education, and we are fully commited to providing it for our members.

Pathways to Learning For years Insurors has provided the education, tools and resources for agents to grow professionally. To that end, Insurors continues to maintain various avenues for your professional development. Insurors offers designations from The National Alliance for Insurance Education and Research. Through Insurors partnership with the organization, agents can earn the Certified Insurance Service Representative (CISR) designation and the Certified Insurance Counselor (CIC) desigThe Tennessee Insuror

nation using current and practical course work applicable to the daily workload of an insurance professional. Earning one of these designations provides national recognition within the industry for your knowledge and professionalism, and gives you further credibility with clients. The CISR courses are known for preparing frontline professionals to analyze risks, policies, forms and claims data and communicate that understanding clearly to their clients, carriers and colleagues. This curriculum provides you the needed skills to provide the best customer service experience. This leads to improved customer satisfaction and increased retention, as well as greater income potential and enhanced job security in a competitive market. The classes for this designation include: • • • • • • • •

Commercial Casualty Elements of Risk Management Insuring Commercial Property Personal Auto Insuring Personal Residential Property Personal Lines Miscellaneous Risk Management and Agency Operations and more

CIC is the next step in your insurance designation path, with courses that are well-designed and thorough profiles of complex exposures and coverage remedies. The benefits of the CIC program are client protection and retention, insight into reducing Errors & Omissions, dependable technical knowledge and growing your book of business. Professionals with their CIC designation can earn 30% more than their undesignated counterparts

“(Professional development) c a n s e t you apart from your competition and ultimately grow your business.”

CIC classes focus more in depth on the same topics as the CISR classes, but take an in depth look at the issues of importance to your clients. These courses include: • • • • • •

Agency Management Commercial Multiline Personal Lines Commercial Property Commercial Casualty and more

Ashley Gold, J.D. 25

The National Alliance also offers courses in Tennessee for the Certified Risk Manager (CRM) designation and the Certified Personal Risk Manager (CPRM) designation and the Ruble Graduate Seminars.

lution, you can utilize the "Ask an Expert" feature and get a custom answer to your question.

Insurors also has a partnership with the Agents and Brokers Education Network (ABEN) where we offer 2-3 hour scheduled video classes (webcasts) on a variety of specific subjects including workersâ&#x20AC;&#x2122; comp, flood, personal lines and others to add more in depth knowledge on a particular topic. Additionally, we hold the E&O Risk Avoidance classes on ABEN that may make your agency eligible for a 10% loss control discount.

Insurors is also working on repackaging our education offerings so that you and your team can easily determine what education is right for you depending upon where you are in your career journey. Whether you are new to the industry, moving from personal lines to commercial or wanting to specialize, we will have suggestions and tracks for you to make selection easy. Look for updates to our website and eudcation marketing to be implemented by the end of 2019.

Need on-demand education? Our partnership with CEU.com gives you a catalog of options that are available at any time you need them.

These are just a few of the many tools and resources that Insurors has to offer. I encourage you to visit our website and that of IIABA.net to check these opportunities out for yourself. You may also contact our Membership Specialist Ellie Vieth at evieth@insurors.org or 615.515.2607 to help you find schedules, get registered or coordinate classes for you and/or your agency staff. If you have education needs that you feel are not being met by the Associaiton, I'd encourage you to let me know at agold@insurors.org or 615.515.2606.

Finally, through Big "I" members have access to Virtual University (VU) library and webinars offered by Executive Director Chris Boggs, CPCU, ARM, ALCM, LPCS, AAI, APA, CWCA, CRIS, AINS, and the other VU faculty. The VU is a smarter way to research and find answers to tough insurance questions. Their experts explore and explain real issues and policy coverage questions in four areas: commercial lines, personal lines, life/ health and agency management. Users can also dive into talent recruitment, tips for starting an agency, checklists, state specific charts and much more. And if you can't find your so-

Let Us Help You Get Started

Professional development is something that you can continue to explore for your entire career and we will be there for you during your journey. Sign up for your next opportunity now and discover how far it can take you. u

The Markel difference Service | Strength | Specialists

Markel Specialty | markelinsurance.com markelcorp.com Markel Specialty is a business division of Markel Service Incorporated and has over 70 years of experience in niche markets, with a product focus on commercial and personal lines insurance. Policies are written by one or more Markel insurance companies. Terms and conditions for rate and coverage may vary.

The Tennessee Insuror

REACH YOUR GOALS

2019 EDUCATION SCHEDULE NASHVILLE

Feb. 12 - CISR: Elements of Risk Management April 10-12 - CIC: Agency Management May 7 - CISR: Personal Auto June 19-20 - JK: Ruble Sept. 11-13 - CIC: Commercial Multiline Sept. 24-26 - CRM Nov. 6-8 - CIC: Personal Lines Dec. 3 - CISR: Commercial Casualty I

MEMPHIS

Feb. 13 - CISR: Agency Operations Feb. 27-March 1 - CIC: Commercial Casualty May 8 - CISR: Personal Auto Dec. 4 - CISR: Commercial Casualty I

CHATTANOOGA April 4 - CISR: Commercial Casualty I Oct. 3 - CISR: Personal Lines - Miscellaneous

2019 EDUCATION SCHEDULE KNOXVILLE

April 3 - CISR: Commercial Casualty I Aug. 14-16 - CIC: Commercial Property Oct. 2 - CISR: Elements of Risk Management

JOHNSON CITY

April 2 - CISR: Commercial Casualty I Oct. 1 - CISR: Elements of Risk Management

Education Calendar The Insurors of Tennessee offers education opportunities to member agents across a wide range of insurance specialties 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.

WWW.INSURORS.ORG Register online or Contact our Membership Specialist Ellie Small at esmall@insurors.org or 615.515.2607

CISR 9/24 9/25 9/26 12/3 12/4

Fee: $186

Elements of Risk Elements of Risk Personal Lines Miscellaneous Commercial Casualty I Commercial Casualty I

CIC

CE: 7

Johnson City Knoxville Chattanooga Nashville Memphis

Fee: $430

CE: 16

Knoxville Nashville 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) Premium Auditing: Agents Must Know CE: 2 $52 The Basics of COPE CE: 3 $79 The Law of Insurance Contracts CE: 3 $79 Torts, Negligence & Liability CE: 3 $79 Double Trouble - COI and Biz Auto CE: 2 $48 Are You More Ethical Than Politician? CE: 1 $24 NFIP Then and Now CE: 3 $72 E&O: Comm. Prop. Coverage Gaps CE: 3 $72 E&O: Roadmap to Policy Analysis I CE: 3 $72 Commercial Prop. Endorsements CE: 2 $48 E&O: Meet the Challenge of Change CE: 2 $48 Business Auto Claims Problems CE: 2 $48 Ethical Issues: Personal & Org. CE: 3 $72 Business Income and Extra Expense CE: 2 $48

Fee: $430

9/24-26 Control of Risk Management

Dynamics 10/17

8/14-15 Commercial Property Institute 9/11-12 Commercial Multiline Institute 6/19-20 Ruble Graduate Seminar 11/6-8 Personal Lines Institute

9/6 9/6 9/6 9/6 9/12 9/12 9/13 9/13 9/13 9/13 9/19 9/19 9/19 9/19

CRM

Fee: $495

Dynamics of Selling

CE: 16

Nashville

CE: 16

Nashville

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 Workersâ&#x20AC;&#x2122; 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

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

Partners

000

FOR TENNESSEE

Endorsed

PARTNERS

000

Leading

PARTNERS

Thank You!

Supporting PARTNERS

FOR YOUR SUPPORT OF INDEPENDENT AGENTS IN TENNESSEE

Sustaining PARTNERS

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FLOOD INSURANCE



• BERKSHIRE HATHAWAY GUARD INSURANCE • COLUMBIA INSURANCE GROUP • FCCI INSURANCE GROUP • FFVA MUTUAL • • METLIFE AUTO & HOME • NORTH POINT UNDERWRITERS • PHILADELPHIA INSURANCE COS. • SAFEWAY INSURANCE • • STRATEGIC INSURANCE SOFTWARE - PARTNER XE • STONEWOOD INSURANCE

Seven Figures...

•

• •

...continued from page 8

company, but rather registered under the name of the owner's son, resulting in denial of coverage by the underlying auto carrier for two serious head injuries. A settlement of nearly $1.8 million on a claim by the underlying auto carrier against the agent alleging that they were required to pay $5 million for two car accident fatalities and an injury claim caused by a driver who was not intended to be listed on the client's commercial auto policy, due to the agent's failure to include "Sr." after the name of the intended insured on an endorsement. A settlement of $2.2 million for a claim involving inadequate business income limits for a manufacturer. A settlement of $2 million on a claim that the agency should have advised their client, a party bus operator, that they were required to obtain at least $5 million in limits as a motor carrier pursuant to Federal Regulations.

Bond Claims Placement of bonds, meanwhile, resulted in about 13% of larger claim payments: • •

More than an account. A relationship.

A settlement of $2 million on a claim that an agency issued payments and performance bonds for a construction project without the surety's authorization. A settlement of $1.9 million on a claim that the agency failed to obtain preauthorization from the state for the client to bid on large state highway projects.

Workers' Compensation Claims Workers' comp coverage resulted in about 9% of larger claim payments, with the worst involving serious underlying injuries such as brain injuries and paralysis, or even death. In many cases, the E&O carrier was required to step in for the carrier and provide the missing coverage, with several settlements ranging from $1-5 million. In some states, even if you are able to settle the work comp claim, you may be required to pay continuing medical for the rest of the claimant's life.

More than a policy. A promise. At FCCI, we’ve been working with select independent agents to insure businesses for more than 60 years. Your clients are more than an account to us. We’ll work with you so they can face the future with confidence.

Are coverages not listed above inherently E&O-safe? Hardly. Any line of business can vie for the dubious honor of making it onto this list. About the Author Caryn Mahoney is an assistant vice president, claims specialist with Swiss Re Corporate Solutions and works out of the Chicago office. Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas, a member of Swiss Re. This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. u

www.fcci-group.com

800-226-3224

PROPERTY I CASUALTY I SURETY I RISK MANAGEMENT I SECTOR EXPERTISE

The Tennessee Insuror

Layman's Terms

Political Update: Special Session, U.S. Senate, Town Hall Meetings Insurors Director of Government Relations, Jim Layman, J.D., breaks down the legal and legislative issues facing our industry. It has been an eventful offseason for the Tennessee General Assembly. In a move not seen since the 1800’s, the embattled Speaker of the House of Representatives, Rep. Glen Casada (R-Franklin), has agreed to resign from his position as Speaker following accusations of sexist and racist text messages. House Republicans met on July 24 to select their nominee for speaker. Rep. Cameron Sexton of Crossville was elected and will almost certainly be the eventual speaker. The Governor has scheduled a special legislative session for August 23 to install the new speaker. In the 2019 session, Sexton served on several committees, including the Insurance Committee and Life & Health Subcommittee. He works as a business development executive for Putnam County Bank. Interesting Facts about Special Sessions and the Speaker of the House: • •

•

Between 1871 and 2009, a Democrat held the Speaker’s office for all but 4 years, relinquishing power to a Republican only twice and for a single session each time. From Tennessee’s date of statehood until about the 1970s, the tradition was for the Speaker to only serve for one two-year session. That tradition has since changed with long-reigning speakers such as Ned McWherter, Jimmy Naifeh and Beth Harwell. Tennessee’s legislature has held a special session 59 times since statehood. The last special session was held in 2016 when Gov. Haslam called a special session to save federal highway funding jeopardized by a DUI law change that year.

The Tennessee Insuror

In addition to the new Speaker, a special election will be held for the seat vacated by Rep. Bill Sanderson (R-Kenton) who resigned in July saying he was taking time for family and business issues. Whomever fills these roles, Insurors will work to continue building our strong partnerships in the legislature. U.S. Senate Race Opens Up The race to succeed retiring U.S. Senator Lamar Alexander was made a lot clearer on July 11, when former Gov. Bill Haslam declared that he would not seek the office. The next day, President Trump issued a tweet expressing his “Complete & Total Endorsement” of his current Ambassador to Japan, Bill Hagerty. Other likely candidates, like Congressman Mark Green, Congressman David Kustoff and former Congresswoman Diane Black declared they are not entering the race, while former state Senator Jamie Woodson has signaled he may still be interested. Dr. Manny Sethi is the only prominent declared Republican in the field and attorney James Mackler is the only prominent Democrat currently running. Town Hall Meetings and InsurPACTN If your agency has given to InsurPACTN this year, you recently received a copy of our “PAC Resume” outlining the importance of PAC giving, major accomplishments of the PAC, and information on agent legislators. If you have not yet given to InsurPACTN, you received a copy of the resume as well as a letter asking for your agency to contribute. Our strength as a PAC and as a legitimate influencer on the Hill is only viable if we are unified in our efforts. This time of year, we receive dozens of contribution requests from legislators and we want

to have our coffers full so that we can adequately evaluate each of those. As I travel the state connecting with members, I am always impressed at the relationships agents have with their local legislators. We have the infrastructure in place to be one of the most influential forces in the insurance industry in Tennessee. It takes all of us working together to achieve that. To that end, I really hope to see you at one of our remaining Legislative Town Hall events: August 20th – Chattanooga August 21st – Nashville I hope that members take away from these events the importance of the political process and provide valuable input for our advocacy efforts in years to come. See you soon! About the Author Jim Layman, J.D. is the Director of Government Relations for Insurors. He previously worked for the Tennessee Dept. of Mental Health and Substance Abuse Services as legislative liaison and rules coordinator. Prior to that, he worked for the Dept. of Health as a legislative liaison and the Dept. of Labor and Workforce Development as director of unemployment insurance appeals. Jim graduated from the University of Memphis Cecil C. Humphreys School of Law and received his undergraduate degree from the University of Tennessee. He may be contacted at jlayman@insurors.org. u

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Association Update Insurors Adds Wheeler and Powers Insurors of Tennessee has announced the hiring of Abby Wheeler to fill the position of Content Specialist, as well as Brooke Powers serving as the Administrative Specialist. The trade association – which represents independent insurance agents in the state – says that the new positions are effective immediately. Abby Wheeler recently received her Bachelor’s Degree in Communication Studies from the University of Tennessee at Knoxville. Wheeler joins Insurors after three years of professional experience and completing multiple internships within the marketing industry. During her time at The University of Tennessee, Wheeler was a member of Phi Mu Sorority in which she served as Social Media Chair. Wheeler currently lives in Franklin with her family. Brooke Powers currently studies Corporate Management at Lipscomb University in Nashville, Tennessee. Powers will graduate with a Bachelor’s Degree in May of 2020. Powers joins Insurors after seven years at Schakolad Chocolate Factory where she served as the General Manager. Powers currently lives in Franklin with her husband. “We are thrilled to have these two ladies join our team,” adds Ashley Gold, CEO of Insurors of Tennessee, “The energy and excitement that Abby and Brooke bring to Insurors will help us continue to work to support independent agents in Tennessee.”

HUB Purchases The Crichton Group Hub International Limited (Hub), a leading global insurance brokerage, announced today that it has acquired Nashville agency The Crichton Group (TCG). Terms of the transaction were not disclosed. With TCG, Hub is creating a new regional Hub to be called Hub Mid-South, which will include Hub's existing operations in Tennessee. Hub Mid-South will cover Tennessee and Kentucky, with the goal of finding other strong partners in those states. TCG's leadership, Jimmy Ward (CEO & Co-Chair), Bob Jackson (Co-Chair), Cooper Jones (President) and Austin Madison (Senior Vice President) will join Hub, as well as Vice Presidents Dan Hite, Joe Lacher, Blake Wiedman and Philip Barnes. Jones will become President of the new Hub Mid-South operations, reporting to Mike Chapman, HUB South Region President. The Tennessee Insuror

Davis Receives Honor from City of Memphis The City of Memphis recently honored Insurors member Fred Davis of Fred L. Davis Insurance Agency with the naming of its minority business service center. The center, located in the recently renovated and reopened Universal Life Building will now be known as the Fred L. Davis Innovation Center. Davis is a former Insuror of the Year winner, a former Memphis City Council member and has numerous accolades for his work in the industry, the civil rights movement and the Memphis community.

First Volunteer Insurance Adds Edwards Jasper-based First Volunteer Insurance Agency has added Brooks Edwards to their team. Edwards will work as a executive commercial producer for the agency, and has been in the industry since 2011. He previously worked with other agencies in the Chattanooga area and as a marketing representative for a carrier.

Insurors of Memphis Donates $10K to MakeA-Wish Foundation The Insurors of Memphis local board recently completed a $10,000 donation to Make-AWish Mid-South. The donation comes from the local board's efforts to build involvement in the Memphis community through their golf tournament and other industry activities.

Denbo Named as "Top Producer" Will Denbo, a principal agent of Commercial Insurance Associates in Brentwood, has been named as Insurance Business America "Top Producer" for the second year in a row. The 65 producers named as Insurance Business America’s top producers of 2019 earned a collective $32.4 million in commission in 2018. To qualify as a Top Producer, producers must have achieved at least $750,000 in commission revenue in 2018 with demonstrated year-overyear growth. u 35

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Company Spotlight FCCI Insurance Group In 2019, FCCI Insurance Group is celebrating 60 years of providing insurance coverage and services to businesses, forming lasting relationships with agents and policyholders, and providing FCCI teammates with an exceptional place to work. In short, that is 60 years of the company "keeping promises." Much has changed since the company was founded in 1959 by a group of contractors seeking a better approach to workers’ compensation insurance, but the founding principles of taking care of people, doing the right thing, and keeping promises have remained intact. Over the last six decades, those principles have led to steady growth. FCCI is now a super regional mutuallyheld commercial carrier, serving more than 17,000 policyholders and 15,500 bonded principals across 19 states, plus the District of Columbia. FCCI provides comprehensive property and casualty insurance, efficient and fair claims service, and proactive risk management – all with a focus on local presence. FCCI coverage is offered exclusively through independent agents that business owners can trust to know their business and needs. FCCI business development specialists, underwriters, risk control consultants and claim adjusters work alongside those agents to provide coverage expertise, claim handling and loss mitigation services that make a real difference for their policyholders. FCCI has been listed on Insurance Journal’s “Super Regional Property and Casualty Insurers” list, Best’s Review’s “Top 200 U.S. Property/Casualty Writers” list, Business Insurance magazine’s “Top 100 Best Places to Work in Insurance” list, and on local “Best Places to Work” lists for many years. The Tennessee Insuror

CELEBRATING 60 YEARS OF KEEPING PROMISES

Financial Strength FCCI is rated A (Excellent) with a stable outlook by A.M. Best. FCCI’s focus is on serving agents and policyholders with long-term strength and stability.

Charitable Giving Charitable giving is a pillar of FCCI’s corporate philosophy. In addition to corporate donations and sponsorships, FCCI gives back to the communities where teammates and customers live and work by providing each teammate with eight company-paid hours per year to volunteer at the community organization or charity of their choice. Since the policy’s inception in 2012, FCCI teammates have volunteered nearly 14,000 hours, and the momentum continues to grow. FCCI teammates also raise funds for charity giving at annual Fall Fest events in all six of FCCI’s regional offices. Last year, FCCI teammates raised $153,000 during these celebrations.

The FCCI Difference FCCI is committed to serving its policyholders with a strong and refined claim handling response during catastrophic events. In 2018, there were 15 named storms, including eight hurricanes and two major hurricanes. By March 2019, the average closure rate across the insurance industry for claims due to Hurricane Michael was 43.8%. FCCI’s closure rate was 90.0% – more than twice the industry average. FCCI understands that following a catastrophe, for every day, hour and moment a policyholder spends suffering a loss, a quick response time makes all the difference.

Tennessee Contact Tiffany Hawkins Vice President, Gulf Coast Region thawkins@fcci-group.com

About FCCI Insurance Group FCCI teammates are empowered to deliver commercial insurance products and exceptional customer service to meet the needs of their valued agency partners and policyholders. FCCI keeps their promises so businesses can thrive, manage risks and face the future with confidence. For an insurance company to succeed, it has to demonstrate the ability to withstand unpredictable natural and economic challenges. FCCI has a long tradition of acting responsibly and weathering ups and downs. Given their financial strength, you can rest assured knowing FCCI is able to keep our promises and fulfill the company's obligations. FCCI boasts $2.4 billion in total assets, including an investment portfolio of $1.8 billion and more than $837M in written premium – providing stability and peace of mind you can count on.

For more information on how you can see the FCCI difference, please visit www.fcci-group.com. u 37

TOGETHER WORKING â&#x20AC;&#x153;Exclusive member agencies, collaborating to bring the best insurance solutions to their clients.â&#x20AC;? 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 Frank E. Neal & Company, Inc. - Nashville Goss Insurance - Hixson Inter-Agency Insurance Services - Knoxville 38

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

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The Tennessee Insuror

Partner XE Agency Management System is now the Partner Platform

Broker Spotlight

Great news for Insurors of Tennessee members. Partner XE, the intuitive, easy–to–use

Partner Platform

agency management system built on the foundation PLATFORM of INTEGRATED FOR THE CONNECTED AGENCY secure technology and industry collaboration is now the There is some exciting industry news for Insurors of Tennesing consumer expectations while staying true to the character Partner Platform. The Partner Platform combines the see members who are looking for more from their agency that makes independent agents unique. That includes using excellent policy and financial management capabilities of management system. technology experiences integrated with the local customer care of the agency so that agencies now have the flexibility to Partner XE with new capabilities that include completely Partner XE, the intuitive, easy-to-use agency management attract and serve all generations of clients.” – Michael Doran, integrated sales, marketing automation, and texting agencies now have the flexibility to attract serve all system built on the foundation of secure technology and inPresident, Strategic Insurance Software (SIS -and The Partner Platcapabilities. In addition to helping agencies better dustry collaboration is now the Partner Platform. The Partner generations clients.” —Michael Doran, President, form parent of company). organize their clientthe retention and newand client acquisition Platform combines excellent policy financial manStrategic Insurance Software agementTennessee capabilitiesagencies of Partnercan XE with that “When I talk to people who are looking at Partner, I tell them efforts, alsonew offercapabilities their clients include completely integrated sales, marketing automation, “When talkthings to people are looking Partner, I been one ofI the that who has impressed meatthe most has 24/7 self-service options which include both an agency and texting capabilities. In addition to helping agencies betthe management and ownership. They are committed tell them one of the things that has impressed me the to branded client portal and and agency ter organize their client(web) retention new branded client acquisition making the product better and are spending the money and most has been the management and ownership. They efforts, app. Tennessee agencies can also offer their clients 24/7 time to do so. My voice is being heard and I’m actually seemobile are to making theenhancements product better andpromised.” are self-service options which include both an agency branded ingcommitted the improvements and I was “We enjoy being a member of the Insurors of Tennessee client portal (web) and agency branded mobile app. – Brad Smith, Insurors member, President andisagency spending the money and time to Past do so. My voice being owner, Smith-Berclair Insurance. and look forward to how this evolution in the Partner heard and I’m actually seeing the improvements and How Areenables They Different? Platform independent agents to adapt to the enhancements was promised.” —Brad Smith, Is your agencyIlooking for a Partner? Contact NickAgency Massaro, changing consumer expectations while staying true to Regional Sales Manager,Insurance at 1.800.747.9273 or email him at “We really appreciate being a member of the Insurors of TenOwner, Smith-Berclair the character that makes agents unique. nessee and look forward to independent how this evolution in the Partner Platform enables independent agents to adapt to the changThat includes using technology experiences integrated with the local customer care of the agency so that

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The Tennessee Insuror

Recruiting new talent. Target marketing. Competing for new business. Perpetuation planning.

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Company Briefs Motorists, Consumers and BrickStreet Rebrand as Encova Mutual Motorists Insurance Group, their subsidiaries (including Consumers Insurance) and BrickStreet Mutual Insurance Co. are now Encova Mutual Insurance Group following the announcement of the new brand name and identity for their joint venture. Motorists and BrickStreet affiliated in 2017. Bringing these two companies together allowed them to deThe new Encova Mutual logo velop an all-encompassing new brand that gives agents and policyholders a one-stopshop to provide peace of mind for every step in life’s journey. “For the last two years, we have continued to integrate our operations and truly become one company,” Encova CEO Dave Kaufman said. “Our new brand identity is designed to show our well-rounded product offering and capabilities.” Encova remains committed to the independent agency model that Motorists and BrickStreet employed in the past. Their superior financial strength, cutting-edge technology, local expertise, one-stop-shop model and 360 workers’ compensation coverage set them apart from their competitors.

18 Associate Members Named to Ward's 50 Annually, Ward Benchmarking analyzes the, " financial performance of nearly 3,000 property-casualty insurance companies domiciled in the United States and identify the top performers. Each Ward’s 50 company has passed all safety and consistency screens and achieved superior performance over the five years analyzed." For 2019, several Insurors Associate Members have been named to this top performing list, including Acuity, AF Group, Amerisafe, Auto-Owners Insurance, Builders Insurance Company, Builders Mutual, Chubb Group, Cincinnati Insurance Group, Frankenmuth Insurance, ICW Group, Markel Corp., Philadelphia Insurance, Progressive Insurance, RLI Insurance, Selective Insurance, Travelers Insurance, W.R. Berkley Corp. and West Bend Mutual Insurance.

Selective Launches New "Uniquely Insured" Logo and Branding Selective Insurance Company of America (Selective) has unveiled a new brand message signaling the next evolution in The Tennessee Insuror

the 93-year-old property and casualty insurance company’s brand legacy. The redesigned logo and new tagline – “Be Uniquely Insured” – affirms the value provided by Selective and its independent agent partners to address every customer’s unique needs with customized solutions. Through its new brand identity, Selective proudly recognizes the tireless work The new Selective logo that goes into how employees and independent insurance agency partners serve their customers. Selective’s new logo features three distinctive dots above the Selective typeface to symbolize the connectivity between employees, independent agent partners and customers, who are the biggest dot at the forefront. This is a stance that challenges current industry norms. Selective’s new brand message was fueled by insights from existing and prospective business and personal insurance customers and is backed by the company’s operational priority focused on delivering an exceptional customer experience.

SteadPoint Adds Ellis in Tennessee SteadPoint has introduced the newest marketing representative on its team, Cam Ellis. He will be covering central and west Tennessee for the company. Ellis was born and raised in Tampa, Florida, and graduated from Louisiana State University, where he also played baseball. He previously worked in sales for a national TPA. He enjoys playing beach volleyball, fishing, paddle boarding and anything on the water. He can be reached for any questions or needs regarding SteadPoint’s program at cam@steadpointgroup.com.

Nationwide Launches New Powered by Bold Penguin

Platform

Nationwide insurance is launching a "multi-pronged" strategy to develop digital solutions and expedited underwriting for agents and consumers. Speed-to-market with solutions is a key driver for competitiveness for the company. One part of Nationwide’s strategy is to partner with Bold Penguin, a Columbus-based technology firm focused on the commercial lines space. The Bold Penguin API-first approach allows Nationwide to build user interfaces (UI’s) at an extraordinary speed without sacrificing future flexibility. Nationwide says the technology will deliver a digital storefront enabling agents to work more efficiently and seamlessly in providing the right solutions to their customers, while pro41

A DENTAL PLAN WITH 20/20 VISION Offer your clients the best in dental and vision benefits. Delta Dental of Tennessee now offers DeltaVision® administered by VSP®. Learn more at DeltaDentalTN.com.

DeltaDentalTN.com 42

The Tennessee Insuror

viding business owners affordable, unique coverage solutions based on Nationwide’s product portfolio and risk appetite of its partners.

Evolve Named "Cyber Newcomer of the Year" Evolve MGA has been named "Cyber Newcomer of the Year" by Advisen, a leading provider of data, technology, events, and media for insurance professionals, during their 2019 Advisen Awards gala. Months of enthusiastic campaigning led up to the awards, which are determined purely by people’s choice and tabulated by Advisen. Evolve was named as the winner based on their model to streamline the distribution of the broadest cyber product specifically for retail insurance brokers. Their model is further reinforced with a hyper focus on customer service, company culture and cutting edge sales and marketing resources.

Harford Mutual Announces Promotions Harford Mutual Insurance has announced changes to its leadership team, including the promotions of Karen Mashinski, Geneau Thames, Esq. and Frank Kellner. Previously the Chief Financial Officer, Mashinski has been promoted to senior vice president with the added designation of Treasurer and management responsibility of human resources department. Mashinski joined Harford Mutual in 2015 as Vice President and CFO, immediately enriching the company’s financial, accounting, risk management and internal audit strategies and operations. Previously the general counsel and director of compliance, Thames has been promoted to Assistant Vice President and the officer position of Secretary. Since joining Harford Mutual in 2015, Thames has broadened the company's legal oversight to include compliance and internal audit; initiated projects to ensure business continuity, workplace safety and cybersecurity compliance. Previous claims department head Kellner has been promoted to vice president of administrative operations. He will help dedicate operational support to efficiently steer the company towards its strategic goals. He has held several leadership positions in his 30-year career with Harford Mutual, and most recently served as the vice president of claims. The Tennessee Insuror

Wilder Joins Penn National Insurance Andy Wilder has joined Penn National Insurance as its newest Territory Manager. Wilder will be replacing Bob Reeder who retired on July 31. This new hire will also allow Penn National to adjust their agency assignments to directly align Territory Managers geographically to better serve their agency plant. Wilder was most recently a Tennessee territory manager for Berkley Southeast and prior to that he was a field territory specialist for Saint Paul. He is very familiar with Tennessee, having travelled the entire state at different times in his career in both commercial and personal lines capacities. Wilder lives and works out of his home in Murfreesboro allowing him to be highly visible and responsive to Penn National agents as they continue to grow their books of business together.

Ryan Specialty CEO Named to Automobile Hall of Fame Pat Ryan, the founder, chairman, and CEO of Ryan Specialty Group, has been named as a 2019 inductee into the Automotive Hall of Fame. Ryan is credited with developed the finance and insurance (F&I) centers for auto dealers, standardizing and professionalizing the segment during his time with Dick Fencl Chevrolet dealership in suburban Chicago. He was inducted into the Automotive Hall of Fame at a ceremony on July 18 at the MGM Grand Detroit.

Central Promotes Lee to Southeast AVP The Central Insurance Companies have announced the promotion of David Lee, CPCU, to Assistant Vice President in its Southeast Regional Office. Lee will work with Southeast Regional Manager and Senior Vice President Keith Moore on strategic perpetuation of the underwriting, marketing, and claims functions serving Central’s agency partners in Georgia, Maryland, North Carolina, South Carolina, Tennessee, and Virginia before Moore’s planned retirement in November 2019. A graduate of the University of Georgia with a degree in Business Management, Lee joined Central in 2003 in the Claims department. During his career with Central he has also held positions in both Personal Lines and Commercial Lines Underwriting before becoming Marketing Manager for North and East Georgia. He was promoted to Regional Marketing Manager for the Southeast Region in 2016, managing the five regional marketing managers. 43

J.M Wilson Promotes Steigenga; Adds Jolly J.M. Wilson is pleased to announce the promotion of Justin Steigenga to Senior Transportation Underwriter and the addition of Philip Jolly as Assistant Transportation Underwriter in their Charleston, South Carolina office.

Specialty Group, and expands RT Specialty’s footprint in the Mid-Atlantic and Southeast regions. Additionally, it is a major factor in the national expansion of the RT Binding Authority strategy.

Berkley Healthcare Welcomes Quesenberry

Steigenga is responsible for quoting new and renewal transportation risks, corresponding with carrier underwriters, and serving independent agents in Tennessee and four other states. Before joining the team, he graduated from Olivet College in 2016, with an Insurance and Risk Management degree. He has spent the last three years working as a Transportation Underwriter in the South Carolina office. He is currently pursuing the transportation risk specialist designation.

Berkley Healthcare (a Berkley Company) has added Lisa Quesenberry to lead the Small and Middle Market Enterprise team for BHFL. Prior to joining Berkley, Lisa was Assistant Vice President, Healthcare Segment Leader for a multinational P&C carrier in their Southeast Region. In her 20 year career, Lisa has held various roles including those within Risk Management, Financial Lines and Medical Liability. Lisa’s career has been focused on the healthcare industry for the last 15 years.

Jolly is responsible for assisting underwriters on a wide variety of transportation risks, as well as quoting new and renewal business, corresponding with carrier underwriters, and assisting independent agents in Tennessee and four other states. He previously worked as an Associate Broker, and is an Appalachian State University graduate, with a Bachelor of Science degree in Business Administration in Risk Management Insurance.

Nationwide Names Walker as Next CEO

Arlington/Roe Adds Steffy to Tennessee Team

Walker, with the Nationwide family of companies for 33 years, has served as the President and Chief Operating Officer of Nationwide's financial services business lines since 2009. He served 23 years in the property and casualty business, including roles as President and Chief Operating Officer of Nationwide Insurance and President of Allied Insurance.

Arlington/Roe has announced the expansion of the agency relations coordinator team at the managing general agency and wholesale insurance broker. Lee Steffy has been added to handle internal agent coordination in Illinois, Ohio and Tennessee. He assists with marketing-related needs and ensures record accuracy. Steffy also serves as a liaison with our internal teams, providing information and support regarding agency relationships. His previous experience as an underwriter and sales agent for a large retail insurance company contributes to his ability to serve and communicate effectively with independent agents and our internal teams. He is a graduate of the University of Evansville with a degree in communication.

Ryan Specialty Acquires Atlantic Specialty Lines Ryan Specialty Group, LLC, has announced its acquisition of the assets and operations of Atlantic Specialty Lines, Inc. (ASL). ASL is headquartered in Richmond, VA and has additional locations in Illinois, Florida, Louisiana, New York, Pennsylvania and Texas. The ASL team is now a part of R-T Specialty, LLC (RT Specialty), the wholesale brokerage unit of Ryan 44

Kirt Walker has been named CEO-elect of Nationwide. He will assume the top leadership role at the Columbus, Ohio-based insurance and financial services provider on October 1, 2019, succeeding CEO Steve Rasmussen, who earlier this spring announced his decision to retire in the Fall of this year.

Acuity Earns NAMIC's National Tech Award Acuity recently received an Award in Innovation from the National Association of Mutual Insurance Companies (NAMIC). The insurer earned NAMIC’s top award for innovations that had the greatest impact. The award recognizes the impact of Acuity’s chat and co-browse systems, which create an online dialogue between an Acuity service professional and a customer or independent insurance agent to answer questions in real time. Acuity staff can simultaneously view an agent’s or customer’s computer screen, helping guide them through common functions and resolve issues. Acuity’s system also incorporates a “chat bot,” built on sophisticated artificial intelligence technology, that can handle many common questions without the need for human intervention. Customers and independent insurance agents can always choose to work directly with service professionals or opt-out of the chat system at any time, but the chat bot provides an additional option. u The Tennessee Insuror

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Where Does the Carrier's Duty to Defend End? written by Chris Boggs, Virtual University Exec. Director

The Big "I" Virtual University (VU) has often addressed an insurance carrier's duty to defend. In presented in those discussions, an insurer's duty to defend flows from the facts alleged in the lawsuit compared to the coverage provided. When the pleadings allege damage or injury that is covered by the policy, the insurance carrier has a duty to defend, regardless of whether the insured is ultimately liable and/or the insurer has a duty to indemnify. Conversely, when the pleadings allege facts or events not covered by the policy, the carrier is not obligated to defend. Because it seems self-evident, an issue not addressed in the prior article was the point at which the insurance carrier no longer has a duty to defend. Law and policy language seem to clearly indicate the insurance carrier's duty to defend ends when there are no longer any allegations in the suit covered by the insurance policy. • •

One court stated, “The duty to defend arises when the original complaint alleges a state of facts within the coverage of the policy." Policy language commonly reads, “However, we will have no duty to defend the insured against any "suit" … to which this insurance does not apply."

ing that the insurance carrier's duty to defend remains until all possibilities of resurrecting a covered allegation are gone: Commerce & Industry Insurance Co. v. Bank of Hawaii: “An insurer has a duty to proceed in defense of a suit to the point of establishing that liability upon which the plaintiff is relying is in fact not covered by the policy, and not merely that it might not be. The duty to defend continues until the potential for liability is finally resolved..." The court held that as long as there was potential liability (if the covered charge could be brought back by appeal), the carrier had to defend. Meadowbrook, Inc. v. Tower Insurance Co.: “Although we are not bound by the Hawaii decision, we adopt its reasoning and hold that an insurer cannot withdraw from a defense until its duty to defend all arguably covered claims has been completely extinguished – in other words, when no further rights to appeal those arguably covered claims exist." Minnesota adopted the Commerce wording with this finding. Brewer v. Village of Old Field: “An insurer must defend even if covered claims are dismissed by the Court leaving only noncovered claims remaining…. there never has been any assurance that the case ultimately could not result in insured liability.

Undoubtedly the carrier's duty to defend ends when any and all allegations potentially covered by the subject policy are dismissed. Wanna bet? Several often-cited court cases disagree with this contention, asserting that the insurance carrier's duty to defend ends only when an appeal is no longer available. Essentially, if an allegation that would be covered by the policy can still be resurrected on appeal, the insurance carrier must continue defending even if the remaining allegations are unquestionably excluded or otherwise not covered by the policy. Imagine this, initially the insurance carrier must defend its insured because one count of a 10-count suit is covered by the policy. Ultimately, that one allegation is thrown out; this decision should release the carrier from any duty to defend the other nine uncovered allegations. The carrier is ready to walk away, but the court calls them back saying, “Hey, the defendant can still appeal this finding; and until all appeals are spent, you must provide a defense." The insurance carrier is left defending allegations for which there is clearly no coverage because there is still a potential for a covered claim.

Example Case Law Five court decisions are regularly cited to support the find46

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Earn the industryâ&#x20AC;&#x2122;s most respected designation in less time than ever before. Our newly revised curriculum is enhanced with video, real world examples, and knowledge checks so you can put your learning to use immediately. Whether you are starting on your learning path or in need of an update, the CIC designation is proof of your commitment to providing only the best for your clients.

HOW IT WORKS

START DATE January 2019

FORMAT

Traditional Classroom and Instructor-Led Online

For more information, contact Ellie Small at esmall@insurors.org or 615.515.2607 The Tennessee Insuror

DURATION 16 Hours

CE CREDIT Approved for state credit

For more CE Credit Information, check out

47 Thenationalalliance.com/cic

Among the possibilities were amendment of the pleadings at trial..." Again, because the complaint could be amended, or the covered allegation brought back by appeal, the insurer must defend. Wells' Dairy, Inc. v. Travelers Indemnity Co. of Ill.: “[T]he court concludes that all the arguably covered claims against Wells have not been completely extinguished by the summary judgment ruling in the Pillsbury state court action because Pillsbury's right to appeal from that decision continues to exist. As such, the court further concludes that the summary judgment decision in the Pillsbury state court action does not alter Travelers's duty to defend Wells in that case." The right to appeal results in the requirement that the insurer continue to defend even though all covered claims were dismissed by a lower court. Westfield Ins. Co. v. TWT, Inc.: “Plaintiff argues that because [the] cross-complaint was later dismissed without prejudice, by agreement of the parties, it cannot give rise to a duty to defend. However, the evaluation of the duty to defend must occur at the outset of the claim. And the cross-complaint may be reasserted at any time. Therefore, this court does not believe that the dismissal of the cross-complaint eliminates the duty to defend." As highlighted previously, because the covered complaint could be reasserted, the insurer still has a duty to defend even though no covered claims are part of the remaining complaint.

Understanding the Court Policy language and even other court findings tend to support the position that a carrier's duty to defend ends when there is no longer any charge or complaint before the court potentially triggering coverage. In fact, holding otherwise seems to punish the insurance carrier for extending any coverage. However, the logic applied by some courts is that the potential for a covered claim is just as important as an actually covered claim. While there may be some logic in this thought process, it does penalize the carrier. Is it any wonder why an insurance carrier would seek to deny coverage up front? Depending on the jurisdiction, the carrier may be released when all coverable charges are released, or they may be on the hook until all possible attempts to reassert a covered claim are spent – even to the point of defending an insured even though there is never a chance they will have to indemnify or pay on behalf of the insured.

YOU’RE INDEPENDENT. BUT YOU’RE NOT ALONE. A STRONG POLITICAL ACTION COMMITTEE SERVES AS A CONDUIT TO GIVE YOUR ASSOCIATION ACCESS TO THE MEMBERS OF THE TENNESSEE GENERAL ASSEMBLY. INSURORS THEN CUTS THROUGH THE RED TAPE TO GET YOUR VOICE HEARD. HELP US WORK FOR YOU “ON THE HILL.”

About the Author Christopher J. Boggs, CPCU, ARM, ALCM, LPCS, AAI, APA, CWCA, CRIS, AINS, joined the insurance industry in 1990. He is the Executive Director of the Big "I" Virtual University. His current duties involve researching, writing, and teaching property and casualty insurance coverages and concepts to Big "I" members and others in the insurance industry. u 48

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The Tennessee Insuror

Recruit. Assess. Train. Retain.

CREATE YOUR DREAM TEAM! Does the thought of hiring a new employee leave you overwhelmed? Are you seeing turnover, or posting a job, but just aren’t finding the “right” person? You’re not alone. According to the Agency Universe Study 44% of independent insurance agency owners say finding qualified new recruits is their top challenge. Find the right recruits with Big "I" Hires, a one-stop resource for independent insurance agencies to identify, hire and assess top-performing Producers and CSRs.

Find Your Next Top Employee: BigIHires.com

Empowering Trusted Choice® Independent Insurance Agents.

The Tennessee Insuror

Meetings Summer Winding Down But Meetings Continue Remaining Legislative Town Halls Our Government Relations team has compiled a legislative report of all significant bills and has been presenting it at several Town Hall meetings across the state. We’ve invited legislators to attend and we'll also be discussing what legislative issues we can tackle next year. Please consider attending a meeting in your area, including these remaining dates: August 20 – Chattanooga • Scottie's on the River • 11:30-1 pm ET August 21 – Nashville • Richland Country Club • 11:30-1 pm CT Cost for the luncheon will be $20 for members. To register now, please visit https://www.insurors.org/IOT/Events/Event_ List/IOT/Events/IOTEvents_List.aspx and select your location.

Big "I" Leadership Conference 9/11-14 The Big "I" Fall Leadership Conference will be held September 11-14 at the The Westin Harbor Golf Resort & Spa in Savannah, Georgia. This event focuses on education, future leader development, Big "I" Hires, Diversity Council, the InVest program and more. Please visit https://www.independentagent.com/Events/ Pages/Calendars/default.aspx# for more information.

126th Annual Convention For the first time in 25 years, Insurors will return its host location for the convention to Chattanooga. Our 126th Annual Convention will take place October 19-22 at the beautiful new Westin downtown. We are excited to return to the city as many changes have taken place and a vibrant downtown community has been developed. We have many great events planned to take advantage of the city. Register online or get more information now at https:// w w w.insurors.org/IOT/Convention/IOT/Convention/ ConventionHome.aspx We will also have a special room rate at the Westin, and those details will be released soon so that you may make your reservations. For questions or any additional information, please contact Daniel Smith at dsmith@insurors.org or 615.515.2601. u The Tennessee Insuror

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

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

“I had high expectations and they were met.” - Beth Gardner, COO, Cook, Maran & Associates

The problem: A backlog of work.

The soluTIon: experienced WAhVe remote employees. wAhve is An innOvAtive COntrACt stAffinG sOlutiOn thAt enGAGes vintAGe insurAnCe prOfessiOnAls whO wOrk frOM hOMe On A full-tiMe Or pArt-tiMe BAsis fOr insurAnCe firMs.

visit www.wAhve.COM fOr MOre infOrMAtiOn

The Tennessee Insuror

Your customers deserve the best PROTECTION. RLI Personal Umbrella Policies are DIFFERENT.

Member Tips How to Sell Prof. Liability Coverage to Niche Markets by Arthur Seifert, Glatfelter Program Managers Aside from lawyers, doctors, accountants and architects, selling professional liability insurance to niche markets is a relatively new practice. To be effective, you must understand first how it differs from GL, and the business of your targeted niche. GL protects an insured from financial harm resulting from negligence that causes bodily injury (BI) or property damage (PD). Without BI or PD under a GL policy, there is no coverage. By contrast, professional liability protects the insured from financial harm when their error or omission results in financial loss to the claimant. Most GL policies specifically exclude professional liability, and most professional liability policies exclude GL. In the 1990s, I was a part of an underwriting company that had the opportunity to create professional liability coverage for temporary staffing companies. Temp employees provide services that expose an employer to losses that do not result from bodily injury or property damage. For example, if the owner of a company fails to conduct an adequate background check on a programmer that is supplied to a bank, and that programmer goes on to hack the bank’s system and steal $1 million, that’s a professional liability exposure that a GL policy wouldn’t cover. Here’s another example – consider a construction subcontractor who focuses on HVAC. This client’s incumbent broker never thought to discuss the need for professional liability – HVAC contractors don’t need professional liability insurance, right? Wrong. Imagine a client asks the HVAC contractor to add heating and cooling for a new computer facility, requesting that the contractor design and install the system. It turns out the design is flawed, causing $250,000 of computer equipment to overheats and fail. Where is the coverage? GL will not respond – system design is a professional act. In order to have coverage for the financial harm the client incurs, the HVAC contractor needs professional liability insurance.

They stand alone. RLI, A+ rated by A.M. Best, has over 30 years of experience providing affordable personal umbrella coverage - so your customers can protect their hard earned assets. CONTACT Stephen Holmes sholmes@insurors.org 615.515.2609

As an agent, you should be able to outline scenarios that drive home the importance of this coverage in the client’s mind. To do this, you must have a solid understanding of their business. Can you identify an exposure to financial harm due to an uncovered GL claim that a professional liability policy would cover? Almost every business needs professional liability insurance. Learn to develop scenarios where your clients could be held responsible for financial loss resulting from a wrongful act, error or omission where the GL would not respond. Then, tell a good story – and bind some business. u

Directory of Advertisers Advertiser

Phone

Website

Page

ACUITY (920) 458 - 9131 www.acuity.com 15 ABEN (877) 602 - 9877 insurors.aben.tv 16 AmTrust North America (877) 528 - 7878 www.amtrustfinancial.com/tnq1 6 Applied Underwriters (877) 234 - 4450 www.auw.com/us 2 Arlington/Roe (800) 878 - 9891 www.arlingtonroe.com 7 Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 17 Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 19 Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 34 Builders Mutual (800) 809 - 4859 www.buildersmutual.com 33 Delta Dental of Tennessee (888) 281 - 9396 deltadentaltn.com 42 DocuSign (877) 720 - 2040 www.docusign.com/iiaba 49 FCCI Insurance Group (800) 226 - 3224 www.fcci-group.com 30 Genesee General (800) 282 - 8755 www.geneseeins.com 22 Harford Mutual (800) 638 - 3669 www.harfordmutual.com 45 Imperial PFS (859) 630 - 7369 www.ipfs.com 39 INSBANK (866) 866 - 4268 www.insbanktn.com 11 J.M. Wilson (800) 595 - 0063 www.jmwilson.com 33 Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40 KNK Compliance Services (615) 375 - 7419 www.knkcompliance.com 17 Markel Specialty (800) 431 - 1270 www.markelcorp.com 26 The National Alliance (800) 633 - 2165 www.scic.com 55 National Security Group (800) 239 - 2358 x213 www.nationalsecuritygroup.com 22 Nationwide Insurance (423) 927 -2060 www.nationwide.com 20 Partner Paltfrom -SIS (800) 747 - 9273 www.sispartnerplatform.com 39 Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 32 RLI PUP (615) 515 - 2609 www.insurors.org 53 Securerisk (770) 723 - 8096 www.securerisk.com 38 Stonetrust Commerial Insurance Co. (800) 311 - 0997 www.stonetrustinsurance.com 32 Strickland General Agency (800) 825 - 5742 www.sgainga.com 34 Summit Holdings (800) 971 - 2667 www.summitholdings.com 13 Swiss Re Lawyer's Professional Liability (630) 213 - 9952 www.bigimarkets.com 36 Titan Web Marketing Solutions (615) 890 - 3600 www.titanwms.com 24 West Bend Mutual Insurance Co. (800) 236 - 5010 www.thesilverlining.com 9 Work at Home Vintage Experts (646) 807 - 4372 www.wahve.com 52

INSURORS LEGISLATIVE TOWN HALLS AUGUST 20 • CHATTANOOGA AUGUST 21 • NASHVILLE

VISIT INSURORS.ORG FOR REGISTRATION AND MORE INFORMATION

T H E N A T I O NA L A L L I A N C E I N F O M A P

Map your career track and customize your learning experience by selecting the designations and course offerings that fit your needs.

Rubles CIC

CISR Introductory Series

T H E NA T I O NA L A LLI A NC E I NF O MA P

Map your career track and customize your learning experience by selecting the designations and course offerings that fit your needs.

Rubles CIC

CISR Introductory Series

CRM

Dynamic Series

WTH Seminars

CSRM CPRM

The Introductory Series is a good choice for those interested in finding out more about the industry and industry fundamentals. The Dynamics Series, offers career-changing sales training. Providing a variety of pertinent topics, the William T. Hold Seminars are invaluable for expanding your insurance knowledge. The Dynamics Series can be used to meet update requirements across the designations. WTH Seminars satisfy update requirements for CISRs and CSRMs.

The Certified Insurance Service Representative (CISR) designation provides quality insurance education geared toward customer service representatives, account executives, servicing agents, new producers, and other professionals. The Certified School Risk Manager (CSRM) designation fills a need for quality risk management education for those associated with schools.

The Certified Insurance Counselor (CIC) provides an in-depth, practical approach to education for agents and other insurance practitioners. The Certified Risk Manager (CRM) designation is recognized as being the foremost education available in the field of risk management. The Certified Personal Risk Manager (CPRM) designation yields the best training for meeting the needs of an affluent clientele.

The James K. Ruble Seminars are advanced programs that offer a variety of specialty topics. CICs, CRMs, and CPRMs can meet their annual updates with a Ruble seminar.

Dynamic Series

CRM

WTH Seminars

1 CSRM

2 The Introductory Series is a good choice for those interested in finding out more about the industry and industry fundamentals. The Dynamics Series, offers career-changing sales training. Providing a variety of pertinent topics, the William T. Hold Seminars are invaluable for expanding your insurance knowledge. The Dynamics Series can be used to meet update requirements across the designations. WTH Seminars satisfy update requirements for CISRs and CSRMs.

CPRM

3 The Certified Insurance Counselor (CIC) provides an in-depth, practical approach to education for agents and other insurance practitioners. The Certified Risk Manager (CRM) designation is recognized as being the foremost education available in the field of risk management. The Certified Personal Risk Manager (CPRM) designation yields the best training for meeting the needs of an affluent clientele.

The James K. Ruble Seminars are advanced programs that offer a variety of specialty topics. CICs, CRMs, and CPRMs can meet their annual updates with a Ruble seminar.

VISIT SCIC.COM FOR MORE INFORMATION OR INSURORS.ORG TO REGISTER FOR CLASSES NOW

Helping people feel secure.

Since 1919. A group of Pennsylvania farmers founded our company in 1919 to provide affordable workers’ compensation insurance.

Helping Today, Penn National Insurance sells property-casualty insurance in 11 states. Just like those farmers who envisioned an insurance company that could meet their needs better than any existing insurance carrier, we look to the future of our company and make decisions that center around:

people feel secure.

All with one focus in mind: to help people feel secure and make life better when bad things happen.

• Providing superior customer experience • Responsive product offerings to fit the changing market needs • Staying financially strong

PennNationalInsurance.com