The Tennessee Insuror Mar/Apr '21

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THE TENNESSEE

INSUROR March/April 2021 Volume 32 | Number 2

Today's Department for Tomorrow's Industry Insurors Sits Down with Insurance Commissioner Lawrence and the TDCI

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Tennessee's Insurance Data Big "I" Celebrates 125 Years

Agency Data: Ownership & Contracts


2 12/2020

The Tennessee Insuror


contents

THE TENNESSEE

INSUROR Vol. XXXII, Number 2 March/April 2021

features

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

4 Today's Department... INSURORS OFFICERS

President .................................................................... Bob McIntire IIABA National Director .............................. Cindi Gresham, CIC VP, Region I and President Elect ................... Norfleet Anthony Vice President, Region II .................... Matt Swallows, CIC, CRM Vice President, Region III ........... Kym Clevenger, CPCU, CACW Treasurer/Secretary ............................. John McInturff III, ARM Director, Region I ......................................... Richard Whitley, CIC Director, Region I ........................................... Jamie Williams, CIC Director, Region I ...................................................... Eric Collison Director, Region II ..................................................... Taylor Porch Director, Region II .................................................... Reno Benson Director, Region II ...................................... Paul Steele, CIC, CRM Director, Region III ...................................... Brandon Clarke, CIC Director, Region III ........ Cindy Widener Winn, CPA, CIC, CBIA Director, Region III .......................................... Bill Oldham III, CIC Director, At-Large .............................. S. Keith Phelps, CIC, CRM Director,. Young Agents ...................................... Derek Wright

ADVERTISING

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

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

Insurors Sits Down with Insurance Commissioner...

8

Tennessee's Insurance Data

10

All Things Economical and Political

12

Big "I" Celebrates 125 Years

14

Daniel Talks Insurance: PEOs

16

Agency Data: Ownership & Contracts

departments 21

From Your President

Programs to Help Your Agency

23

From Your IIABA National Director

25

From Your CEO

29

Education Calendar

31

Government & Legal Update

37

Company Spotlight

39

Vendor Spotlight

46

Agents for the Community

The Power of the Big I on Display

Pandemic Reflections and Our Path Forward

Advocacy Update: Legislature Considers Important Ins. Bills; Big I Leg. Conf. LUBA Workers' Comp

Human Capital Concepts Lipscomb & Pitts Insurance

51 Meetings 53

Member Tips

Top 3 Reasons Why People Leave the Insurance Industry 3


Insurors CEO Ron Travis discusses the role of agents with Commissioner Lawrence as the group listens

Today's Department for Tomorrow's Industry Insurors Sits Down with Insurance Commissioner Lawrence and the TDCI Insurors recently had the opportunity to sit down with Commissioner Carter Lawrence, J.D., MBA and several key members of his team at the Tennessee Department of Commerce and Insurance (TDCI). Among those participating were Bill Huddleston - Assistant Commissioner of Insurance, Jim Tracy - Senior Advisor to the Department, Chris Burger - Chief Strategy Officer, Toby Compton - Deputy Commissioner of Insurance, Patrick Merkel - Director of Insurance and Alex Lewis Assistant Commissioner.

We are excited to work with you all and especially with everyone in their new roles. How well do you feel the Department is now positioned to regulate the insurance industry? Commissioner Lawrence: First of all, let me say how humbled and honored I am for the opportunity to be appointed by Governor Lee to this position of Commissioner. As someone who has been at the Department for five years – I can confidently say our entire team is incredibly well-positioned to continue to regulate the insurance industry and serve all of our customers and stakeholders. Throughout my tenure at the Department we’ve continually focused on our mission, vision and values. Our Department is committed to fostering fair marketplaces, public safety and consumer education that promote the success of individuals and businesses while serving as innovative leaders. We are also focused on protecting Tennesseans through balanced oversight of insurance and regulated professions while enhancing consumer advocacy, education 4

and public safety. In all that we do, we have a strong focus on customer service excellence, strategic decision making, inclusive environment, transparent/efficient government and principled actions.

In your opinion, what role do trade associations have in the regulatory process? Commissioner Lawrence: Trade associations play an important role in representing their members and pooling their expertise and contacts. We know that we cannot get 400 different agency contacts in a room at one time to discuss issues and provide information, but Insurors can serve as a conduit with the Department to accomplish these goals.

In your opinion, how important is the role of insurance agents in helping consumers properly cover their risks? Commissioner Lawrence: The role insurance agents play in helping consumers properly cover their risks is vital. I believe it’s important for agents to schedule time to sit down – or especially during the COVID-19 pandemic to meet virtually – with consumers to review their policies and to help make sure their insurance coverage is still appropriate and that they are prepared for potential risks. Tracy: They're extremely important. As a former agent I know how crucial it is to have someone guide consumers on what they really need and what they may not. Whether it is reviewing coverages with insureds, helping a client understand a The Tennessee Insuror


risk or walking them through a claim, agents play a critical role in this system.

Are there upcoming bills of interest from the Department that our agents should know about? Commissioner Lawrence: Bills that were pending last year are certainly coming to the forefront again. Some issues we are focused on for the future are credit for reinsurance, healthcare liability reform and the Modernization Act. Lewis: Two key items of interest for us are Cyber Security Legislation, which is directed at the insurance industry and modeled from the NAIC cyber security model legislation; and – as the Commissioner alluded to – the Modernization Act, which makes several technical corrections but also provides some updates related to reinsurance, captive insurance and removes "service of process" on carriers through the Department.

What is the outlook on the insurance industry in Tennessee for the next few years? Commissioner Lawrence: We expect to see continued growth in the insurance industry in Tennessee, including growth in the number of carriers doing business here and in premium amount written. Some facts and figures to highlight: • • • • •

Over $45 billion in insurance premiums are written in Tennessee each year by over 1,900 licensed insurance companies. In 2020, the Division licensed 23,155 additional insurance producers, bringing the total number of insurance agents to 225,647. In 2020, 55 insurance companies were newly licensed in Tennessee bringing the total active number to 1,907. Since January 1, 2019, Tennessee has added seven new domiciled insurance companies. For Captives: In 2020, Tennessee had 212 licensed captive insurance companies and 508 approved cell companies for a total of 720 risk-bearing entities (RBEs) compared to 652 RBEs at the end of 2019.

Do you feel the strength of the Tennessee economy through this pandemic will help make for a “faster” recovery for businesses and consumers after it is over? Commissioner Lawrence: Yes. First, I want to commend Governor Lee’s leadership throughout the pandemic – being focused on both lives and livelihood. His leadership with the Economic Recovery Group – on which I serve, and his stewardship of state and taxpayer resources have Tennessee being one of the top states in the country for economic recovery. In addition, Tennessee’s diverse economy – agriculture, commerce (manufacturing, technology, logistics, healthcare) and other facets – will aid in a “faster” recovery. Other variables to consider are: The Tennessee Insuror

• • • • •

Tennessee is more diverse in industry than many other states. Tennessee’s continued business friendly environment and population growth will help aid in our economic recovery. Tennesseans are moving here with jobs, bringing with them money and the need for insurance. Expected continued growth in our state and our economy. The role of insurance in economic development projects.

Do you believe we are one of the best states in the country for insurance regulation? If not, how can we get there? Commissioner Lawrence: Yes, we are one of the best states for insurance regulation. We recently underwent accreditation review by the NAIC and received great accreditation results, including a statement that indicated Tennessee is above the expected normal operation of a regulator. Some of the achievements we are proud of are: •

Receiving positive feedback from the NAIC examiners while expecting a full five-year accreditation with no rereviews – which is the best result we could receive. We are always looking at ways to maintain and improve our business-friendly environment, balanced oversight and consumer advocacy including ways to further embrace innovation, technology and new ways of doing insurance business in Tennessee. According to NAIC – we run the leanest and most efficient insurance department in the country.

If our members need help from the Department, how should they make contact? Huddleston: Members who need assistance from the Department can contact the agent licensing section of the Division and members can reach out to them at 1.888.416.0868 or 615.741.2693. Kim Biggs is the director of the Section and does an excellent job. Also, for any Tennessee consumer who believes they have been wrongfully denied a claim by their insurance company or have another issue with an insurance agent or carrier, consumers can file a complaint online and learn about other ways to file complaints, including by mail or phone, at https:// www.tn.gov/commerce/insurance/consumer-resources/filea-complaint. Please note that the insurance policy must have been written in Tennessee.

For Jim Tracy – Can you tell us about what your role will with the Department will be as Senior Advisor? How will you career experience as an insurance agent impact that role? Tracy: I am bringing experience in the insurance industry to practice as we look at legislation, regulation and how it af5


fects insurance carriers and agents as well as policy holders. With my background as a small business owner, I know how many dynamic items affect small business owners. My experience in public service, including 13 years in the State Senate, brings a career of relationships, experience and legislative know how in order to be an asset to the Department. My knowledge gained being involved in the insurance industry from the ground up, from the agents’ point of view and also how items affect small businesses, policyholders and others.

For Bill Huddleston – How do you envision directing the insurance side of the Department? What or who influences your role as a regulator and impacts your decision making? Huddleston: The Division has a history of strong and responsive leadership. I envision carrying on in the same manner, directing the Division to focus on consumer protection while maintaining a balanced look at solvency and market conduct. We want to maintain an environment that is robust with insurance options and that allows consumers free choice in an open market. Governor Lee, Commissioner Lawrence and other members of the Tennessee Insurance team influence my role as a regulator and inform my decision making. In addition, experience and ideas of other regulators across states and the NAIC will continue to be helpful as we examine and implement lessons learned and best practices. We are committed to best in class customer service, stakeholder engagement, ensuring a business-friendly environment and balanced oversight.

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For Chris Burger – How is the TDCI getting their message out to consumers? Burger: The Department continues to be proactive in our messaging to stakeholders directly and via traditional and social media. Recently, we have highlighted the importance of insurance during the anniversaries of the Nashville Flood and the tornadoes, along with a variety of other messages about the importance of being properly insured and regularly reviewing your insurance policies. We want consumers to be more aware and take better precautions for their risks. And, we know agents play an important role in consumers being properly insured and covering their risks before an insurable event occurs.

For Patrick Merkel – What else do our members need to know? Merkel: We are all here to help however we can. Bring your questions to us and we will get you the answer and do it with a smile. u 6

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Tennessee's Insurance Data What Trends Can We Determine from '19 P&C Marketplace Data

Insurors recently worked with industry expert and longtime head of the Big I Advantage for-profit programs, Paul Buse, to analyze 2019 data of the insurance industry for the U.S. and Tennessee with some interesting results. Through his new consulting firm, Real Insurance Solutions Consulting, Paul reviewed the data and has determined some key insights for agents. This report will be updated in 2021 as the data is assembled at the National Association of Insurance Commissioners (NAIC) and aggregated by industry data-watchers, such as A.M. Best Company, Inc.

prepared by Paul Buse, RISC

Tennessee has seen a 5-year trend of 4.5% growth in P&C premium, just below the national trend of 4.7%.

Tennessee accounts for about 1.8% of all U.S. direct written P&C premiums or a total of $12.4 billion in direct written premiums. That is proportionately just below the national average as can be seen in the per capita premiums. That is, with approximately 6.8 million persons in Tennessee versus the 328 million persons in the U.S., P&C premiums per person in Tennessee are $1,800 and the U.S. is just over $2,100.

Charts and Appendices What follows is a numeric and visual summary of the P&C insurance marketplace in Tennessee. It is intended to give you perspective on the entire market as well as insights on loss ratios, commissions and key insurers. The report starts with a pie chart of the Lines of Business (“LOBs”) written by independent agents in Tennessee for 2019 ranked from most direct written premium to the ninth-most with the last chart being all remaining LOBs combined. Immediately after, for contrast, is the same two charts for the total United States. Some items of note available in the full report: • • 8

Tennessee has 934 affiliated and unaffiliated U.S.-based insurers writing premium in the state. That is 41% of all such insurers in the U.S. Grouped insurers write 96% of the premiums in Tennessee.

Thanks to our Partners, the full report and all the data is available for free to Insurors members by logging in to our website at https://bit.ly/3ePLbhC u The Tennessee Insuror


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All Things Economical & Political What to Expect Out of Washinigton in 2021 written by Jim Rieniets, INSBANK CEO sponsored by our partners at Over the last twelve months our nation has experienced things that will hold their place in history books for a while. As one ponders the impacts of the pandemic and racial equity discourse, the shifting political winds in our nation’s capital will more than likely see executive order, legislative and regulatory actions which will be impactful. What are some of the likely manifestations?

Stimulus and the Pandemic As unemployment skyrocketed in the early weeks of the pandemic last year, the Cares Act provided a boost to most wage earners, unemployment compensation and small businesses payrolls. This was an unprecedented reaction to a somewhat unprecedented event. That legislation, alongside Federal Reserve Bank intervention into the economy, has manifest in bank deposit growth that is trying to support growth prospects in the economy and providing a liquidity cushion. Round 2 of the Paycheck Protection Program is underway and is supporting impacted small businesses as the second iteration of the program came with an appropriate needs test of reduced revenues. In addition to the broad PPP program there are also industry-specific programs such as the Shuttered Venue Operators Grant and the CERTS Act which are expected to aid sectors hardest hit by the pandemic. Most recently, the American Rescue Plan Act is funding $1.9 trillion of stimulus in the form of direct payments to individuals, enhancements to unemployment benefits, and a variety of public benefits for to support states’ efforts to combat the pandemic. All combined, this unprecedented level of government spending is expected to thwart an otherwise dangerous economic downturn, but at some point, our nation will have to reckon with the escalating national debt that has exceeded $27 trillion. That number is a daunting figure when one considers the per capita computations.

Interest Rates & the Economy With the above-referenced stimulus growing the balance

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sheets of the banking system, and a Federal Reserve mandate to take actions to stimulate the economy, interest rates are not likely to increase off the bottom anytime very soon. Supply and demand alone will keep rates low in the short-term as banks are flush with cash and demand for loans remains tepid. Depending on the efficacy of the vaccines, however, the intermediate term could see unemployment decrease to levels near a normal bandwidth, and growth in the economy reignites after the hangover of the pandemic. Just this week Treasury Secretary Janet Yellin opined positively on prospects for employment in 2022. The market seems to have some optimism as the 10-year Treasury yields have increased over the last few weeks.

Post Pandemic Agenda The Biden Administration has been clear about its priorities: defeat COVID19; reduce economic inequities, particularly in communities of color; and address concerns regarding the environment. While addressing the pandemic has been somewhat bipartisan, the administration’s other goals will be more politically divisive, and will need to engender the support of moderate democrats in the Senate. Suffice to say, however, that the general path of legislation and regulation will follow the Biden Administration’s objectives, which will likely manifest in tax increases and increased regulation of various industries including the energy and financial sectors. The political drama of the coming months will include speculation around mid-term elections, with Democrats having a very slim hold on the Senate and a narrowing majority in the House. For anyone thinking the recent Georgia Senate races were outlier events, stay tuned for 2022. About the Author Jim Rieniets serves as President and CEO of INSBANK, which requires him to manage the day-to-day activities of the bank. He also serves as a director of INSBANK and on the Loan and Investment Committees. Jim has an extensive banking career and leadership background – including holding various roles within the Tennessee Bankers Association (TBA). He currently serves as Government Relations Chair for the American Bankers Association. u

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Big "I" Celebrates 125 Years An Open Letter from Big "I" President & CEO Bob Rusbuldt

In this high-tech age of instant gratification, history sometimes takes a back seat. But history is important because we learn from it. 2021 marks the quasquicentennial (125th) anniversary of the Big “I," which formed in 1896 as the National Association of Local Fire Insurance Agents when Grover Cleveland was president of the U.S. The first independent agent, John Maynard Davis, started his business in South Carolina in 1795. The first local agent board was established in 1838 in Cincinnati, and the second in 1846 in Cleveland. The oldest state associations, New York and New Jersey, formed in the following decades. According to “Soaring With Eagles," a history of the Big “I," agent boards were strongholds in the nation's cities but had little coordination among them. Enter the formation of the national association – the glue that pulled the local boards and fledgling state associations together, providing a uniform voice and direction. We've had seminal moments in our history, perhaps most notably our win in the famed Yonkers case of 1903, which solidified agents' ownership of expirations and secured their

future. “Any member who ever wonders what (the Big 'I') has done for the American agency system should be reminded of the Yonkers victory," according to “Soaring With Eagles." Without the Big “I," companies would own brokers' custom lists, which are now an agency's foundation. Our accomplishments are immeasurable. We ended a decades-long feud with the banking industry in a historic compromise that protected agencies from the force of credit tie-ins. We formed an industry bank – InsurBanc – built a cobrand – Trusted Choice® – and offered access to markets. Who would have thought the Big “I" would be a PGA Tour sponsor or have Raymond Burr as our spokesman? As the independent agency system has evolved, some things haven't changed: the adaptability, resiliency, strength, community spirit and optimism of its entrepreneurs. Despite the many challenges we have faced over 125 years, these qualities endure to this day. Stay tuned throughout the year to learn what Big “I" history means for your profession. Happy 125th to the Big "I"! u

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Daniel Talks Insurance: PEOs part 1 Should Agents Still Be Wary of the PEO Industry? The Answer is, "It Depends."

In this series, Insurors CMO/COO Daniel Smith will talk with industry experts about some of the behind-the-scenes information that agents may not always be aware is relevant. From 2008 until 2010, a Nashville-based professional employer organization (PEO) named Sommet Group diverted millions in client funds to build affiliated companies, buy naming rights to Nashville's hockey arena, purchase boats and build additions to the founder's mansion. As a result of this fraud, retirement funds were not fully deposited into the accounts of employees whose paychecks were processed by Sommet, medical and prescription-drug claims by employees were not fully paid, and taxes owed by clients to federal, state and local governments went unpaid. An FBI raid exposed the fraud, and the company was dismantled almost overnight. In 2013, a Knoxville-based PEO named Service Provider Group was raided by the FBI and IRS after a criminal investigation had been ongoing. The investigation later determined that the company had been stealing payroll taxes from its clients and diverting them to personal accounts. Just over a year later, a former employee of Service Provider Group was again under scrutiny after her company, HR Comp, LLC, was raided. HR Comp was found to have taken over $10 million in payroll tax money and over $5 million in insurance premiums that the founder used to support her lavish lifestyle. With a fairly recent history like that, why would anyone in Tennessee trust the PEO industry? The answers may be found in how PEOs operate, are regulated and how they govern their own organizations. But there are still reasons for agents to be wary. To get some answers, we talked with PEO experts at two of our Partners Program companies – Engage PEO and Human Capital Concepts (HCC).

We'll start with some basics. Why should agents consider working with PEOs, and how can they potentially benefit an agency's clients? Cindy Edwards, Vice President of Sales for Engage PEO: The PEO industry has been and continues to BOOM! Working with the right one can help agent's clients by reducing administrative burden, lessening employee liability, offering cost effective & quality high benefits, improving talent retention, adding HR expertise and much more. Jeff Hallam, Vice President of Business Development for Human Capital Concepts (HCC): First and foremost, offering PEO services to clients is a way to help prevent non-partner 14

PEOs or payroll companies from targeting your clients and pivoting them to their insurance offerings. The right PEO partner will allow you to keep your health and/or workers’ comp commissions intact. For your clients, working with a PEO is a way to simplify most everything involved with being an employer. They can off-load admin and regulatory duties, allowing client owners and management more time to focus on their business.

We have often cautioned our members about working with PEOs. What's changed in the last decade about the way the PEO industry is regulated? Hallam: Probably the biggest change over the last few years has been the introduction of the IRS Certified PEO (CPEO) designation. A PEO with this designation has met the rigorous IRS standards for financial responsibility, trustworthiness and accurate reporting. Edwards: The CPEO designation was part of the federal regulatory environment for PEOs created by the Small Business Efficiency Act. Less than 3% of the 900 PEOs have both the CPEO and ESAC certifications, therefore when partnering with a PEO, both certifications should be required for client’s protection.

Let's talk about the concerns with some of the large payroll providers and how they operate their own retail agencies. What should agents watch for there? Edwards: All of the major payroll companies have a PEO division; therefore if the an agency's clients are payrolling with one of the big box payroll companies – you can be sure they are talking about moving them to the PEO division. In addition, there are another 4 "Mega" PEOs that also sell direct. All of them will be knocking the Agent right out of the equation. They start by selling the easiest component first – payroll. Once the client has successfully processed payroll eight times, they try to convert the client to the PEO model, if unsuccessful, they try to sell them individual lines of insurance; pay-asyou-go work comp, healthcare benefits & 401K, etc. Hallam: These large, national payroll services often have a separate salesforce of licensed insurance agents who prospect their payroll clients for all lines of commercial insurance, creating exposure for independent agents to lose business. Partnering with the right PEO allows you to keep that business, with no disruption to you or your clients. We'll complete this conversation with part 2 in the next issue of The Tennessee Insuror magazine. u The Tennessee Insuror


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Agent Data: Ownership & Contracts Agents Own Their Data, But Contracts Are Still Important written by Scott Kneeland & Eric Lipton In today's increasingly data-driven digital world, independent agents not only have to think about how to keep data secure, but also how data is used and who owns it. Ownership of expirations, including related records and data, is perhaps the most critical issue for independent agents to consider in their company appointment contracts. Indeed, an agency derives much of its value from its expirations. The relevant provisions in an agency-carrier contract have the potential to impact ownership in significant ways, including the circumstances under which a carrier may take ownership of an agent's expirations, or use data such as customer records for marketing or when selling a line of business. Over the past several years, some in the industry have raised questions about who owns the electronic data associated with an agent's expirations as if it were an unsettled matter. In most circumstances, the answer is clear and simple under longstanding legal precedent and industry custom and practice. Any argument to the contrary would be wholly inconsistent with precedent and how the independent agent system functions.

Legal Precedent: The Yonkers Case In surveying the legal landscape of the American independent agent system, there is perhaps no more seminal case than that of National Fire Insurance Company v. Sullard, 97 A.D. 233 (N.Y. App. Div. 1904)—commonly referred to as the “Yonkers Case".

of the expiration register, nor entitled to its possession and hence not entitled to enjoin the defendant [agent] from the use in any lawful manner of the information derived from the expiration register." The court's view of expirations plainly extended not just to some limited notion of the policy but rather to the records and data associated with it. Since the Yonkers Case, courts consistently have held that, when the contract does not expressly state otherwise, the agent's ownership of expirations extends to records, work product and data as valuable assets of the agent. For example, one appeals court collected cases from various jurisdictions and summarized this bedrock principle as follows: “Contrary to the operation of normal agency principles, whereby the principal has ownership rights in the lists of customers and other similar data obtained during the agency, it is the custom and practice in the insurance field that, in the absence of a contract to the contrary, the independent insurance agent owns the expirations at the termination of his agency. The practice is a protection of the work product of the individual agent and represents a valuable asset in the nature of goodwill. This universal custom is a main premise under which the American insurance industry functions and is known as the American Agency System." continued on page 48

In the Yonkers Case, an independent insurance agent challenged a lower court decision that restrained him from selling his book of business to another agent and that required him to relinquish to the insurance company his “expiration register," or policy records. The appeals court held: “Our opinion is that the plaintiff [insurance company] was not the owner

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Future Leaders Spotlight

presented by

Evers Miller • HUB International Mid-South - Nashville Evers Miller of HUB

Evers Miller was born and raised in Nashville and is the youngest of four boys in his family. All of his direct family members live in Nashville, so he says that he spends a lot of time with them. A huge Titans and Ole Miss fan, most of his Fall weekends are spent at Nissan Stadium or in Oxford, MS at Vaught–Hemingway Stadium. Evers also enjoys traveling, volunteering and meeting new people.

The Insuror: Can you tell us a little about your current job title and responsibilities? Evers: I am a property & casualty insurance and surety producer with a focus on construction and real estate. My specific title at HUB International Mid-South is Commercial Insurance & Surety Advisor. Each day I am responsible for implementing risk management techniques for both clients and prospects to help mitigate their risks. This industry is always changing so I challenge myself to learn new systems and methods to help support my clients' and prospects' needs.

The Insuror: What can you tell us about your educational background? Evers: I graduated from The University of Mississippi in 2014 with a Bachelor’s degree in Business Administration and a focus on Risk Management and Insurance. While attending The University of Mississippi I was fortunate enough to spend time in London, England learning about international insurance practices. I also interned at an agency in Memphis before returning to Nashville in 2014 to take a role with my current agency.

The Insuror: How and why did you get your career in the insurance industry started? Evers: I grew up watching my grandfather and father have successful careers in the business, so I knew insurance was where I wanted to put my focus when I headed off to college. I then had great mentorship by my college professors, Dr. Stephen Fier and Dr. Andre Liebenberg. They were both extremely helpful in preparing me for next steps after college, 18

and I returned to Nashville confident about where I wanted to take my career path.

The Insuror: Do you have any influences/role models in the industry? Evers: I have many amazing influences/role models in the industry including my grandfather Dick Miller, my father Ric Miller, my brother Chase Miller, other producers/partners/ support staff from HUB International Mid-South, the late Robert Harris and our Surety Manager Tom Powell. I look up to all these amazing people and continue to learn from them every day both personally and professionally.

The Insuror: Is there any advice you could offer Young Agents or others in the industry to achieve success in their careers? Evers: The President of The Crichton Group, and now HUB International Mid-South President, Cooper Jones, told me on my first day that, “In order to be successful in this industry, you need to be organized and have activity.” I think that this was great advice and I have used the line myself when speaking to prospective producers or to our recent hires. I also believe that specialization in an industry or insurance product will help you grow to be a more successful insurance professional. Having real knowledge of your client's industry and risks that may be specific to it is a major advantage for you and your insured.

The Insuror: As an independent agent, you have many partners in this industry, including carriers, MGAs and many more. How do you determine which ones are the right relationships? Evers: Just like so many aspects of life, relationships are very important in the insurance industry. We sometimes let work become emails, phone calls and voicemails, but when you have face-to-face interaction with your industry partners and get to know them on a personal level, it makes the job so much more fun to help solve the needs of a client or prospect. I greatly appreciate all of the partners that I work with!

The Insuror: Thank you for giving us your time, Evers, we appreciate it and wish you continued success. Evers: Thank you to Berkley Southeast and Insurors for thinking of me for this article. u The Tennessee Insuror


Young Agents '21

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. We accomplish this by hosting receptions, classes and volunteer opportunities designed to meet the needs of insurance professionals under 40 years of age across Tennessee. We hope you'll join us for our next scheduled event: 2021 Insurors Young Agents Leadership Conference July 29-30 • Dollywood DreamMore Resort Pigeon Forge Visit insurors.org for more details

2021 Young Agents Committee

BSIG Makes It Easy With Choice Classes For Middle Market Risks

Middle Market Choice Classes* Below is just a broad listing. If you don’t see what you’re looking for, please contact us.

• General Contractors • Building Trade Contractors • Utility Contractors • Land Improvement Contractors • Pavement Maintenance-Non DOT

Derek Wright - Chair Agent/Principal Graham & Cook Insurance Knoxville derek@grahamandcook.com Cy Young - Immediate Past Chair President Young-Hughes Insurance/Haven Ins. Partners Alamo/Jackson cy@younghughesinsurance.com

* All classes may not be available in all states.

Our Claim Commitment • 24/7/365 loss reporting-including online • • Accelerated auto and property estimating and repair options • • “Fast Track” medical only claims handling program • • Tele-emergent medicine program-connects injured workers to medical care, not “triage” •

Want to know more?

Forbes Harris - Region I Producer Harris, Madden & Powell Insurance Memphis fharris@hmpins.com Matt Felgendreher - Region II Executive Vice President W.C. Dillon Company & Insight Risk Management Nashville mfelgendreher@irmllc.com John Brock - Region III Agent/Partner Brock Insurance Agency Chattanooga john@brockins.com For more info, or for any questions on the Young Agents Committee and its programs, please contact Nick Weber at nweber@insurors.org or Abby Wheeler at awheeler@insurors. org or call us at 1.800.264.1898. u The Tennessee Insuror

• Services Contractors • Building Cleaning & Maintenance Contractors • Construction Material Suppliers • Manufacturing • Wholesale and Distributing

Bill Vanderslice, Regional Vice-President 615-932-5508 | bvanderslice@berkleysig.com or your Middle Market Underwriter

Your Back-in-Business Insurance Company®

berkleysig.com

Follow us on

Berkley Southeast Insurance Group is a member company of W. R. Berkley Corporation, whose insurance company subsidiaries are rated A+ (Superior) by A.M.Best. Products and services are provided by one or more insurance company subsidiaries of W. R. Berkley Corporation. Not all products and services are available in every jurisdiction, and the precise coverage afforded by any insurer is subject to the actual terms and conditions of the policies as issued. A M

BEST

©2019 Berkley Southeast Insurance Group. All rights reserved.

0719-38

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The Tennessee Insuror


From Your President Programs to Help Your Agency Are you getting the most out of your Insurors of Tennessee and Big "I" memberships? There are a multitude of products and services available to you from both our state and national Associations. If you are not taking advantage or unsure of what is available please reach out to our Insurors staff for more information and assistance.

Big "I" Markets The staff has worked hard over the last few months to familiarize themselves with all of the products and services offered including Big "I" Markets, Trusted Choice and RLI. Big "I" Markets offers a wide array of products and services to fill those areas that you may need help in. From Bonds to Commercial Flood to Pollution Insurance they have a broad product offering that is constantly being updated for the latest coverages and products in the marketplace.

TrustedChoice.com & Marketing Since I updated the TrustedChoice.com search criteria for my office we have seen an increase in the number of leads we receive and have written several policies both personal and commercial. Big "I" has spent millions of dollars to enhance the TC.com platform and the search optimization for its member agents. This has led to an increase in both the numbers and quality of the leads being generated to us. In order to make the most of their site, our search criteria needs to be updated to match the appetite of the individual agency. In addition, the Trusted Choice brand has developed a whole suite of content that you can use for your agency. You can also apply for marketing reimbursement money, either for using the Trusted Choice logo on your materials or for your digital marketing and website update efforts. This is another area the staff can be of assistance to our member agencies. Take advantage of having them as a resource and ask them to lend their expertise to your agency on how to utilize these programs. The Tennessee Insuror

RLI PUPs Our personal umbrella policy (PUP) program through RLI offers a great monoline option to write PUPs for your insureds. With some carriers tightening their appetite on umbrellas, this is a great market to access.

Errors & Omissions Coverage E&O insurance is another resource our member agencies should be taking advantage of through our program. Our Director of For-profit, Stephen Holmes, is an E&O specialist and is great at looking at your current policy and comparing it to the policy offered by Westport. Not all policies are equal, and our E&O coverage is not something we should be taking for granted and assuming all are the same. Give Stephen a call and get him to assess your E&O.

New CEO's Efforts Our new CEO, Ron Travis, is doing a fantastic job. He has now reached out to every member in the state, and while he has not connected with all of you, I think many of you have talked with him. I’ve had several members reach out to me to say how nice it was to have the CEO reach out to them just to say hello and ask what we can do for you. If you have not yet talked to Ron I would encourage you to give him a call and introduce yourself. Ron is fully engaged and selling Insurors every chance he gets.

“I f y o u a r e not taking advantage or unsure of what is available p l e a s e reach out...”

Save the Date for Annual Convention By now you should have received your "Save the Date" card for our Convention in Florence. Alabama at the Marriott Shoals Hotel and Spa. After a year of no travel and endless quarantines I’m sure everybody is ready to get out and see friends we haven’t seen in over a year. Look for more information to come on all of the opportunities at this year’s convention, taking place on October 16-19. As always please don’t hesitate to reach out to me with any questions or concerns you may have. Stay safe and I hope to see you soon. u

Bob McIntire 21


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The Tennessee Insuror


From Your IIABA National Director The Power of the Big I on Display Each year, Big I puts together a national event to help connect independent agents across the country with their elected officials in Washington, D.C. This event gives us a "behind the scenes" look at the work being done in our nation's capital as well as the issues that could impact our industry. Now you can mark your calendars for the 2021 Big I Virtual Legislative Conference, set to be held April 13-16 from 2:00 pm ET each day. While we had hoped to have an in-person meeting and once again visit our elected officials, but holding this FREE event virtually allows all of our members to attend safely and efficiently.

Key Legislation for Our Industry Get informed on legislation that our Association is carefully keeping an eye on nationally. Charles Symington, Big I Senior Vice President for Industry & Government Affairs, recently provided a summary of pending legislation and the Big I’s position on each: The Main Street Tax Certainty Act The Big I supports H. R. 1381/s. 480 which would make the 20% small business deduction permanent. Your Association opposes any attempt to increase taxes on small businesses, raise individual/corporate rates, boost the capital gains rate or increase the social security payroll tax cap. Prohibit Auto Ins. Discrimination (PAID) Act As one of the staunchest defenders of the statebased regulatory system, the Big I opposes unwarranted legislative or regulatory attempts to interfere in each state’s ability to regulate their respective markets, therefore The Big I opposes H. R. 270. NFIP Reauthorization With the National Flood Insurance Program (NFIP) currently scheduled to expire at the end of September learn more about your Associations support of a long-term reauthorization of a modernized NFIP that would increase takeup rates. The Big I supports allowing consumers that leave NFIP for the private market could return later with no penalty. They oppose any policies that would harm Write-Your-Own proThe Tennessee Insuror

grams including WYO reimbursement reductions. Protecting the Right to Organize (PRO) Act H.R 842 could have an impact on the independent agency system. This legislation could result in the reclassification for some Independent agents from Independent contractors to employees. Big I support an exemption registry for individuals registered with the SEC or selfregulators organization. Medicare X-Choice Act Hear more about S.386. 180 million Americans depend on an employer-sponsored health care system. This bill could hurt that system which would create a public option. Pandemic Risk Legislation One big topic interesting to all of us will be the Pandemic Risk proposals that will over losses from future pandemics and the Big I believes that there is a role for the insurance market to play but any proposal must work for both the policy holder and insurance communities and must have significant federal financial support. Marijuana & Cannabis Business Marijuana is still illegal on the Federal level. Learn about the Big I’s support of legislation that creates a safe harbor for agents and brokers who choose to do business with the cannabis related legitimate businesses. Any legislation would need to protect Big I members from criminal and civil authority.

“Get informed on legislation that our Association is carefully k e e p i n g an eye on n a t i o n a l l y."

The Big I Brand With all the work our National Association is doing in Government Relations and marketing, maybe now is the time for Insurors of Tennessee to join the Big I band wagon. 12 States already use the Big I name. Six states are in the process and two other states are reviewing the license agreements. Should we start using Big I Tennessee as our DBA? Be sure to let your State Association know your position on this topic and be sure to log in on April 13-16 to the Big I Virtual Legislative Conference. This is your chance to be involved. u

Cindi Gresham 23


Endorsed Partner of

24

The Tennessee Insuror


From Your CEO Pandemic Reflections and Our Path Forward As we are all aware, the last year has dramatically changed the way in which we live and work, and the COVID-19 pandemic has landed us in unprecedented times. We have all been impacted by this virus, which has been devastating and unforgiving. We have navigated through unfamiliar waters and adjusted our lives to our best ability. Most importantly, we have come together to draw strength as a community. I am incredibly proud of our efforts as an industry, and I am eager to return to a state of normalcy as we move forward together. Our members have stepped up over the last year as they always do, helping clients through the pandemic as well as storms, floods and even a bomb exploding in the heart of downtown Nashville. We must all continue to be there as an industry as we begin to recover from these wounds. Our clients are counting on us, and I know they won't be let down. Our mission at Insurors of Tennessee is to be unrelenting advocates for independent insurance agents and brokers to fulfill their political, educational and business needs while working in the public’s best interest. Now more than ever, we are focusing on you and meeting those needs as we move forward together. We have found unique new ways to provide you with resources and information, and we will continue to adapt to member needs as we move forward. We work each day to make sure we are a valuable resource for independent agents in Tennessee.

Returning to In-Person Meetings Here at Insurors, we are working hard to ensure your safety by implementing new safety precautions and regulations that will allow us to resume hosting our courses and conferences this year in-person. I am confident that we are more than ready for this transition, both as an Association and state. Beginning in May of 2021, I am happy to announce that we are resuming our educational

courses in-person at our main facility in Nashville and across the state. Your health and safety are our number one priority. Rest assured that our facilities are clean, safe and fully prepared to host you and your agency. We are so excited to see our members again, and we are looking forward to having you join us. Please visit our education schedule page at insurors.org to register for these classes now. In addition to hosting our educational courses, we are also preparing to host our annual convention in-person on October 16-19 at the Marriott Shoals Resort in Florence, Alabama. You will receive more details on our convention in the near future.

Meeting You In-Person I have called every one of our member agencies in the last few months, and I have talked with many of you. But I also realize that in-person relationships are going to build stronger ties for Insurors. I plan to get out on the road soon to visit more of our member agencies, see your offices and meet your staffs. When you're comfortable with it, please let me know if I should include your agency as I begin planning these visits. I hope to see many of you in the next few weeks at the MTSU Martin Chair of Insurance Golf Tournament or at the Insurors of Nashville Local Board Golf Tournament. If you can't make those events or they're not in your area – rest assured I'll find a way to meet you in-person soon! And if you're not ready for in-person yet, we still have several great virtual events on the calendar, including our Legislative Conference.

“...w e w i l l continue to adapt to m e m b e r needs as we move forward.”

What's Next? We are in this together. All of us at Insurors of Tennessee are here to assist you in every way that we can, and we encourage you to reach out with any questions or concerns. In the meantime, please stay safe and healthy, and thank you for your partnership with Insurors of Tennessee. u

Ron Travis The Tennessee Insuror

25


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The Tennessee Insuror


EDUCATION SCHEDULE

20 21

SEP

9/15-17 CIC Commercial Casualty • NASHVILLE 9/28 CISR Commercial Property • JOHNSON CITY

FEB

2/2 CISR Agency Operations • NASHVILLE

9/29 CISR Commercial Property • KNOXVILLE

2/3 CISR Agency Operations • MEMPHIS 2/17-19 CIC Commercial Property • NASHVILLE

9/30 CISR Commercial Property • CHATTANOOGA

MARCH

11/3-5 CIC Personal Lines • NASHVILLE

3/10-12 CIC Commercial Multiline • MEMPHIS

APRIL

NOV DEC

12/7 CISR Commercial Casualty II • NASHVILLE

4/6 CISR Personal Residential • JOHNSON CITY

12/8 CISR Commercial Casualty II • MEMPHIS

4/7 CISR Personal Residential • KNOXVILLE 4/8 CISR Personal Residential • CHATTANOOGA

ONLINE EDUCATION

4/21-22 Ruble Graduate Seminar • NASHVILLE

MAY 5/11 CISR Elements of Risk Management • NASHVILLE 5/12 CISR Elements of Risk Management • MEMPHIS

AUGUST

Use code FALL2020 to get 20% off all ABEN online CE courses.

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.

Use code INSTN to get 20% off on Pre-Licensing and CE courses through Kaplan Financial.

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Fee: $186

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CIC

Fee: $430

6/23-24 Ruble Graduate Seminar 8/4-6 Agency Management Institute 9/15-17 Commercial Casualty Insitute 11/3-5 Personal Lines Institute

CE: 7

Online Nashville Memphis Johnson City Knoxville Chattanooga Nashville Memphis

CE: 16

Nashville Knoxville 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) 4/8 4/8 4/8 4/9 4/9 4/9 4/9 4/10 4/10 4/10

Cyber Security and Insurance Risk CE: 2 $48 Double Trouble - COI and Biz Auto CE: 2 $48 Are You More Ethical Than Politician? CE: 1 $24 E&O: Roadmap to PAP and PUP CE: 3 $72 E&O: Roadmap to HO Endorse. Pt. 1 CE: 3 $72 E&O: Roadmap to HO Endorse. Pt. 2 CE: 3 $72 Flood Program Overview: NFIP CE: 3 $72 Premium Auditing: Agents Must Know CE: 2 $52 The Basics of COPE CE: 3 $79 The Law of Insurance Contracts CE: 3 $79

4/10 4/10 4/10 4/11 4/11 4/18 4/18 4/18 4/18 4/18

Torts, Negligence & Liability CE: 3 $79 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 Are You More Ethical Than Politician? CE: 1 $24

Addl' 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 Requirements of Insurance CE: 4 Insuring Flood Exposures - NFIP Review CE: 4 Available from The Institutes

$75 $75

(insurors.ceu.com)

Insurance Principles and Policies CE: 7 Long Term Care CE: 24 Workers’ Compensation CE: 10 Employee Benefits for Small Companies CE: 4 Healthcare Reform and Affordable Care CE: 5 eCoverage 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

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

Register Online at www.insurors.org

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

27


Partners

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FOR TENNESSEE

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Talk to your territory manager or find one at LibertyMutualGroup.com/Business and Safeco.com/agent-resources 30

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continued on page 44 The Tennessee Insuror


Government & Legal Update

Advocacy Update: Legislature Considers Important Insurance Bills; Big I Legislative Conf. At the time of this writing, the Legislature is at the peak of its work for the year as Committees begin to announce final calendars and the Legislature prepares to consider the state budget in anticipation of a late April to early May adjournment for the year. This has been another successful, albeit unconventional, year for the Insurors of Tennessee advocacy efforts. While we have not had many pieces of legislation that we have advocated in favor of, there have been some positive measures that we have worked on, as well as a few that we have been actively defending against or working to improve. Please take a look at some of the more recent issues we have worked on:

behind an effort to place more regulations on the ability of companies to track, buy, and sell the personal information and data of consumers. HB1467/SB1554 is primarily aimed at social media and search engine companies and seeks to ensure that consumers can control the use of their data by requiring these companies to first gain consent. Insurors can certainly understand the concern with the ways data has been tracked and used in recent years, but we are working to ensure that this legislation does not interfere with independent agents and their businesses.

Assignment of Benefits

Data and cybersecurity are hot topics this year, and this is further evidenced by SB0725/HB0766. This is an administration bill brought to the sponsors by the Department of Commerce and Insurance. The bill would make Tennessee the 12th state to adopt the National Association of Insurance Commissioners’ (NAIC) model law regarding data security requirements for insurance carriers and agents. The bill’s requirements are very general in nature and include performing a risk assessment, having a security program in place, and requirements for responding to a breach.

This bill, SB1376/HB0523 by Sen. Mike Bell (R-Riceville) and Rep. Ron Gant (R-Rossville) clarifies in the law that the rights, duties, or benefits provided by a policy of insurance may be assigned only as expressly provided by the terms of the policy of insurance or as otherwise expressly allowed by the insurer. This bill is meant to deter unscrupulous cost increasing practices that the industry has seen in other states. The bill passed unanimously on the consent calendar in both the House and Senate. The bill was brought to the sponsors by the Farm Bureau, but Insurors also supported the bill and worked hard to push it over the goal line. Data Sharing Practices Rep. Johnny Garrett (R-Goodlettsville) and Sen. Mike Bell are

The Tennessee Insuror

Cybersecurity

We want to commend the Department and the bill sponsors for working with us on several concerns and requests we had for the legislation including the application of the bill, which will only apply to agencies who have 25 or more employees, have more than $5 million in annual revenue, or who have more than $10 million in year-end assets.

31


Regulatory Sandbox HB0510/SB0899 by Rep. Clark Boyd (R-Lebanon) and Sen. John Stevens (R-Huntingdon) brings back the concept of the “regulatory sandbox” which Insurors worked on last year with the Department of Commerce and Insurance who was interested in the idea. This year the legislation is supported by the Beacon Center of Tennessee, a non-profit, free market think tank. The bill would set up a regulatory sandbox program within the Department of Commerce and Insurance that allows licensees under the Department’s jurisdiction to “pilot test innovations” by being granted a waiver of requested laws or regulations. Insurors has shared a number of concerns with the bill sponsors and is working on a positive outcome for agents for this bill. The Big I Legislative Conference is set for April 13-16, and registration is free, so please sign up! We will be having an additional group session with state legislative leadership that week, as well as a group session with our two U.S. Senators. We’ll be inviting members to virtual meeting with members of Congress, but we hope you will also make efforts to reach out to your Congressmen or state legislators to share with them areas of interest to your business. You can find contact information for your Congressman or state legislator by visiting https://wapp.capitol.tn.gov/Apps/fmlv3/districts.aspx and register for the Legislative Conference at https://www.independentagent.com/Events/LegislativeConference/home. aspx

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THANKS TO BUILDERS MUTUAL I CAN GIVE MY CUSTOMERS WHAT THEY NEED WHEN THEY NEED IT. Whether it’s the voice in your head or the one right beside you, Builders Mutual is always there, at work with you. BuildersMutual.com

The Tennessee Insuror

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Pamper your customer’s business with a policy from West Bend. Your customers gave their business what it needed to grow to the pride and joy it’s become. Now help them nurture it. An insurance policy from West Bend is the best way to keep it happy, healthy, and profitable. So wrap it in the cozy warmth of the Silver Lining®.

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The Tennessee Insuror


Association Update Zander Insurance Donates $60K to Relief Zander Insurance, based in Nashville and one of the country's largest independent insurance agencies, is supporting the disaster relief efforts of Team Rubicon with a $60,000 donation. Most recently, Team Rubicon, a veteran-founded disaster response organization, was on the ground in Texas providing food and water to families without power for more than a week. The organization also provided aid and assistance in Nashville when the deadly tornadoes swept through on March 3, 2020. In December, Zander held a campaign to give back a portion of its ID theft protection sales to Team Rubicon to recognize Identity Theft Prevention and Awareness month. This donation marks the eighth year that Zander raised funds to support a nonprofit in December.

McCarter Joins John Bailey Company

Knoxville market.

Knoxville-based John Bailey Company has announced the addition of Brian McCarter as the newest member of their team. McCarter has extensive experience in commercial insurance and bonds, and will now serve as an account executive for the agency. He previously worked for over a decade at other large agencies in the

Assurant Acquires EPG Insurance, Inc. Assurant, Inc. a leading global provider of lifestyle and housing solutions that support, protect and connect major consumer purchases, has announced the acquisition of Memphisbased EPG Insurance, Inc. (EPG) for $43 million in cash. EPG is a leading provider of service contracts and insurance sold through heavy equipment dealers and manufacturers. Along with CEO Dale Hendrix and President Gregg Morgan, the EPG team of approximately 60 employees will join Assurant, and the business will continue to operate as a separate heavy equipment channel within the company.

Southern Trust Names Clay & Land Agency of the Year for 2020 Southern Trust Insurance has named Clay & Land Insurance, Inc. as its 2020 Agency of the Year Award winner. The Memphisbased agency won the award after experiencing the most rapid growth for the year as well as finishing with an excellent loss ratio.

Swallows Adds Cardoza as Account Exec. Cookeville-based Swallows Insurance has announced that Jerred Cardoza joined the agency as an account executive. Cardoza and his family recently moved to Tennessee from Lemoore, California. He is a graduate of California State University, Fresno. Cardoza earned his P&C insurance license in 2016 and has enjoyed working in the insurance industry. Life and health insurance was his first focus, but he gradually made farm, agriculture and agribusiness insurance his specialty. Cardoza recently obtained his AFIS certification (Agribusiness and Farm Insurance Specialist). He is one of seven in the entire state of Tennessee with this designation.

Reliance Partners Acquires Borderless Coverage Reliance Partners, an insurance agency focused solely upon the commercial transportation and logistics industries, today announces the acquisition of Borderless Coverage, an Ohiobased agency specializing in North American Cross Border Supply Chain & Insurance. Between 2015 and 2020 Reliance Partner’s transportation and logistics book expanded from approximately $15 million in premiums to $200 million, primarily through organic growth, and today’s Borderless acquisition expands Reliance’s solutions.

Hutsenpiller Ins. Named Best of Mt. Juliet

Borderless Coverage brings the expertise for international organizations to safely and profitably conduct cross border business in North America, and offers Cross Border Business Consulting as well as Transportation & Logistics Insurance.

Hutsenpiller Insurance was recently named "Best Insurance" in the 2021 "Best of Mt. Juliet" awards as presented by The Chronicle of Mt. Juliet and based on a poll of the publication's readers.

Borderless CEO Mark Vickers will also join Reliance Partners as Executive Vice President and Head of International Logistics. Vickers brings more than 12 years of cross border trade experience to the Reliance Team. u

The Tennessee Insuror

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Your attorney clients know their firm inside and out. You know your markets and your competitors. At Swiss Re Corporate Solutions, we have the capabilities and the financial strength to meet the risk needs of insureds for Lawyer’s Professional Liability. Whether the risk is basic or complex, we believe there’s only one way to arrive at the right solution. And that’s to work together and combine your experience with our expertise and your strengths with our skills. Long-term relationships bring long-term benefits. We’re smarter together.

Swiss Re Corporate Solutions is proud to be the exclusively endorsed Lawyer’s Professional Liability provider for the Insurors of Tennessee. For more information or to access the program, please contact administrator Jeff Severino of Lockton Affinity at JSeverino@locktonaffinity.com or 913.652.7520.

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Insurors of Tennessee Ph 1 800 264 1898 E info@insurors.org

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Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas, United States, a member of Swiss Re Corporate Solutions.


Company Spotlight LUBA Workers' Comp Built on Service to Agents, Policyholders and Community. LUBA Workers’ Comp, a 30-year-old “A- rated” regional casualty insurance company, covers businesses in Alabama, Arkansas, Florida, Louisiana, Mississippi, Oklahoma, Texas and now Tennessee. Launched in Tennessee in 2020, with a focus on strong agency relationships, LUBA has a long-standing history of providing superior service to agents, policyholders and communities.

A Foundation of Helping Agents For seventeen consecutive years, LUBA has been rated “A- Excellent” with a stable outlook by A.M. Best Company – the world’s leading insurance rating service – which speaks to their strength and reputation as a trusted insurance carrier. The rating is a testament to their operating performance, dependable claims handling practices, long-term stability and financial fortitude. The company is built on a foundation of superior service to agencies, polic yholders and communities. LUBA has an expansive network of independent agency partners across its operational footprint and insures roughly 157,000 workers, over 4,000 policyholders, with more than $80 million in written premiums. LUBA is the largest regional workers’ comp carrier in Louisiana and Mississippi with a growing footprint in the surrounding states and most recently Tennessee. At the heart of LUBA is a dedicated, ser vice - oriented team with a commitment to the community. Through its corporate giving program and the LUBA Hope initiative, an employee driven outreach program, LUBA supports over 60 nonprofits and community organizations each year. LUBA is focused on relationships, service, and a true caring for people. They The Tennessee Insuror

Genuine Dependability™

continually seek opportunities to better their team, their customer experience, and the community.

LUBA By the Numbers • • • •

$5.2 billion in insured payrolls in force $243 million in total assets $113 million in policyholder surplus $80 million in direct written premium

The LUBA Difference LUBA’s motto, “Genuine Dependability,” embodies its relationship - driven work philosophy. LUBA is built on a foundation of strong values, hard work, genuine service and a team agents and policyholders can depend on. They make it a priority to protect a business’s greatest asset – its people. Their success has come through aggressive claims management, active loss prevention and disciplined underwriting – all of which leads to benefits for the agents and policyholders they serve.

Valuing LUBA's Commitment to Agency Relationships LUBA’s commitment to agents, and the policyholders they serve, is paramount. The company is most proud of the longstanding relationships they have formed. Each day the team at LUBA goes beyond customer service. Their teamwork and willingness to assist each other, and their clients, results in an exceptional experience for those LUBA does business with. They have built a reputation on rolling up their sleeves, helping agents and policyholders protect their workers, and getting people back to work.

Tennessee Contacts David Tucker Vice President and Sales Manager 888.884.5822 dtucker@lubawc.com John K. Aycock II, CIC New Business Underwriter 888.884.5822 jaycock@lubawc.com

About LUBA Workers' Comp Founded in 1991, LUBA Workers’ Comp is a regional casualty insurance company covering businesses in Alabama, Arkansas, Florida, Louisiana, Mississippi, Oklahoma, Tennessee and Texas through select, independent insurance agencies. LUBA’s motto, “Genuine Dependability” captures the essence of its relationshipdriven work philosophy providing customers with superior customer service and complete claims support. LUBA is “A-Excellent” rated by A.M. Best, the gold standard for casualty insurance companies. Learn more about the LUBA difference by visiting lubawc.com. Coverage Map

It’s the LUBA Way. For more information, please visit them online at lubawc.com or contact VP and sales manager David Tucker at 1.888.884.5822. u 37


TOGETHER WORKING

“Exclusive member agencies, collaborating to bring the best insurance solutions to their clients.” The Allison Insurance Group - Jackson Assured Insurance Consultants, LLC - Morristown Bagley & Bagley Insurance - Fayetteville Boyle Insurance Agency, Inc. - Memphis Burke, Powers & Harty - Bristol Carnal-Roberts Agency, Inc. - Lexington Cate-Russell Insurance, Inc. - Maryville Goss Insurance - Hixson Higgins Insurance - Clarksville/Hopkinsville, KY Inter-Agency Insurance Services - Knoxville Martin & Zerfoss, Inc. - Nashville 38

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 Sunbelt Insurance Group - Chattanooga Tigrett & Pennington Inc. - Dyersburg V.R. Williams & Company - Winchester Watauga Insurance, Inc. - Johnson City

Get more information now at www.securerisk.com

The Tennessee Insuror


Vendor Spotlight Human Capital Concepts Human Capital Concepts (HCC) is a certified professional employer organization (CPEO), helping small and mid-sized business owners simplify being an employer. They do this by taking on all of the administrative and regulatory HR work tied to having employees. As a partner to brokers and insurance agencies, HCC serves your clients with expert HR solutions while you maintain control of your clients, keep your commissions and block out competition from payroll vendors or other PEOs. HCC knows that how we treat our employees is how they’ll treat our clients. With that, every HCC client has a dedicated service team with HR specialists who build personal relationships. Clients have direct access to contact their service team members, not an 800 number or group email addresses. This leads to a service level that gets clients quick and accurate answers to HR questions from people they get to know and trust. Just as importantly, it gives you peace of mind, knowing they take care of your clients the way you do. Payroll service bureaus have aggressively expanded into the

We Simplify Being an Employer insurance space over the last several years, meaning they continue to approach your clients with health and workers’ compensation insurance options. Likewise, other national PEOs continue to market large-group health and workers’ compensation offerings to clients as a way to "save money." Working with HCC allows you to offer PEO services to your clients who need them, without losing control of those relationships or the commissions associated with them. Their approach is unique in this space and helps you protect the client relationships you’ve worked so hard to develop in your agency.

Why HCC? HCC frees business leaders to grow their organizations by removing employment challenges and delivering expert guidance. They take on the administrative challenges of maintaining a workforce so clients can focus on developing their people and running their companies. For more info on HCC, please contact Jeff Hallam at 317.439.0814. u

We Simplify Being An Employer www.hcchr.com | 800.419.4037 The Tennessee Insuror

Proud Partner of 39


Independence can’t happen alone Independence means freedom, but it also means responsibility. It is about staying true to the commitments you’ve made - to your clients, your colleagues, and your community. Keystone connects you to a community of like-minded independent agencies. Our mission remains unchanged: to provide access to the expertise, resources, and relationships that sustain independent insurance agencies over the long haul. Keystone. Independence works better together.

Contact Michele Bicknell for more information: 570.473.2148 mbicknell@keystoneinsgrp.com keystoneinsgrp.com

©2016 Keystone Insurers Group ®. All rights reserved. This does not constitute an offer to sell a franchise in any state in which the Keystone Insurers Group franchise is not registered.

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The Tennessee Insuror


Company Briefs West Bend Announces Promotions

agency costs and helping increase their business close rates.

West Bend Mutual Insurance Company recently announced two promotions. Tammy Muckerheide has been promoted to assistant vice president - Commercial Underwriting. Muckerheide has been with West Bend for 35 years, serving in a variety of roles within the Commercial Lines division, including director of Commercial Underwriting.

Partner Platform Adds Rocket Referral Tie-in

Marc Emery has been promoted to assistant vice president - Commercial Underwriting. Emery joined West Bend in 2015 with a combined 15 years of management and agency experience. He previously served as director of Commercial Underwriting.

Partner Allies provide products and services which work with Partner Platform agency management system enhancing the independent agency's capacity to retain, grow and service clients. These relationships are more than integrations – they are commitments from like-minded vendors collaborating to serve mutual clients and leveraging diverse strengths to improve the experience of agencies.

Acuity Named a Top Claims Company Acuity is named one of the 10 best insurers in the nation for claims service in a recent study by CRASH Network. In addition to being ranked in the top 10 auto insurers nationwide, Acuity is the highest-ranked Wisconsin-domiciled insurer. CRASH Network surveyed over 1,100 collision repair shops across the country for its 2021 Insurer Report Card. Shops were asked to grade the claims service of insurance companies they interact with on a regular basis based on how well each company’s claims handling policies, attitude, and payment practices ensure quality repairs and customer service.

Grange Adds Digital Risk Appetite Grange Insurance has announced its commercial risk appetite is now digital. Agents now have an easy, accessible online view of Grange’s clear commercial appetite for risks across all industries and product lines. This enhancement is part of Grange’s commitment to investing in innovative solutions that support its independent agency partners’ success while maintaining its competitive edge. Grange’s digital risk appetite is powered by Ask Kodiak, an API platform providing real-time appetite and eligibility for insurance companies. Grange’s independent agency partners can use Grange’s agency portal, Grange Agent. Grange’s digital risk appetite can help drive increased profitability and efficiency, allowing agency partners to leverage underwriting guidelines and product and eligibility information while matching needs to markets for reduced The Tennessee Insuror

Partner Platform has announced seamless integration with Rocket Referrals – expanding marketing automation capabilities to send timely communications, cross-sell policies and measure client satisfaction while building longterm relationships with their insureds. Rocket Referrals helps expand the marketing functions that are already available in Partner Platform by enhancing the automation of Google reviews, Net Promoter Score and hand-written cards.

Builders Mutual $2.7M Dividend; New Pres. Builders Mutual Insurance Company announced today that its Board of Directors has elected Michael A. Gerber, current Senior Vice President and Chief Operating Officer (COO), to succeed John K. Boggs as President and Chief Executive Officer (CEO), effective July 1, 2021. Mr. Boggs, who has served as President and CEO since 2009 and held the previous role of Vice President and Chief Financial Officer (CFO) from 2004 to 2009 and, recently announced his retirement.

National Alliance Names Janecka CExpO The National Alliance for Insurance Education and Research has announced that Danielle Janecka has been promoted to Chief Experence Officer. Janecka has been with the organization for 28 years and previously served as the Senior Vice President.

Tennessee-based Siege AMS Launches Siege AMS has announced the launch of its platform for insurance agencies. SiegeAMS takes a progressive approach to agency management. The SiegeAMS package combines a powerful Customer Relationship Management (CRM) system and AMS capabilities in one platform. The majority of agency management systems on the market today charge extra for additional features and do not include options for all of the software applications an agency needs. SiegeAMS includes 41


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most of the software needed to operate your entire business in its package. Included at no extra charge are programs such as Accounting, E-Signature, Marketing Campaigns, Website Creator and Hosting and more. The imagination is the limit on what you can accomplish with SiegeAMS. For more information, visit www.SiegeAMS.com, call 1.888.895.9055, or email info@siegeams.com.

Cowbell Receives $20M in Series A Funding Cowbell Cyber, the industry’s first AI-powered cyber insurance provider for small to medium enterprises (SMEs), has announced that it has closed $20 million in Series A funding to scale its game-changing offering for continuous underwriting and closed-loop risk management. Brewer Lane Ventures led the investment with participation from Pivot Investment Partners, Avanta Ventures, Markel Corporation, and existing investors ManchesterStory, TriValley Ventures and Holmes Murphy. The new capital will be used to fund product development, expand risk engineering, sales, marketing and increase Cowbell’s footprint nationwide.

Progressive Set to Buy Protective Insurance The Progressive Corp. is acquiring Indiana-based trucking

industry insurer Protective Insurance Corp. in a move that will increase its stake in the commercial lines insurance market. Progressive has agreed to pay $23.30 per share in cash, for a total transaction value of approximately $338 million. The per share price represents a 49.1% premium and 63.2% premium, respectively, to Protective’s share prices as measured on February 12, 2021.

J.M. Wilson Announces Promotions, Addition J.M. Wilson is pleased to announce the promotions of Cheryl Gleason to Director of Claims and Adam Benda to Claims Manager, as well as the addition of Matt Schultz as Brokerage Underwriter. Gleason has been with J.M. Wilson since 2015 where she began as a Claims Specialist before being promoted as Personal Lines Manager. She will continue to manage the Personal Lines team. Benda joined J.M. Wilson in 2015 where he began as a Claims Representative and Personal Lines Underwriter, before being promoted as a Claims & Litigation Specialist. Schultz is a graduate of Western Michigan University and Olivet College and has earned CLCS (Commercial Lines Coverage Specialist), CAWC (Certified Authority on Workers’

At Stonetrust, we know a little something about showing up when it matters most, and we strive to always be there for the independent insurance agents and policyholders that trust us with their business. Along with offering workers’ compensation and employers’ liability insurance, Stonetrust works to help companies prevent accidents and remain Stonetrust Safe - an entire system of in-house processes

and services designed to achieve safety goals and keep premiums and claim costs down.

800.311.0997

STONETRUSTINSURANCE.COM The Tennessee Insuror

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Compensation), AIC (Associate in Claims) and AINS (Associate in General Insurance) designations. Prior to joining J.M. Wilson he held positions with insurance agencies as a Commercial Account Manager and Commercial Property Inspector.

Harford Mutual Releases Leadership Changes Harford Mutual Insurance Group, projected to surpass $277 million in direct written premium in its 179th year, has announced changes to its leadership team.

the expansion of their service offerings to support Human Service providers on a national scale. Ashley Hough has been named Director, Human Services Practice. This national program will focus on industry leading workers compensation insurance solutions for non-profits and human service providers including, but not limited to, child services, substance abuse facilities, community-based programs, group homes, fitness/sports facilities and religious organizations.

Senior Vice President Jeffrey Rink has been promoted to Executive Vice President with the added oversight of Administrative Operations, Customer Service, and the Special Investigative Unit. Joining Harford Mutual in 2009, Rink has transformed its Business Development team and oversaw the successful expansion and new office in their Southern Region. Rink has over 30 years of insurance experience with national carriers including Travelers and Great American Insurance.

UFG Board Chair Evans to Retire

Assistant Vice President of Underwriting David Curtin and Assistant Vice President of Claims Wayne Gearhart have been promoted to Vice President. Curtin joined Harford Mutual in February 2019 and has been instrumental in realigning the company’s Foundation Unit, analyzing profitability by segment, and preparing Harford Mutual for the responsible introduction of predictive analytics. Curtin has more than 30 years of experience with both mutual and stock insurance carriers.

The Big “I” presented Greg Murphy, executive chairman of the board of directors for Selective Insurance Group, Inc., with the Jeff Yates Lifetime Achievement Award at the Big “I” virtual Board of Directors meeting on January 29.

Gearhart joined the company in September 2019 from Westfield Insurance, bringing over 25 years of claims perspective to his role. While at Westfield, Gearhart led the $1.9 billion dollar company through an operational and claims technology transformation, one of his key strategic goals at Harford Mutual.

LUBA Acquires FHM Insurance Workers' compensation provider LUBA Casualty Insurance Co. announced recently that its board of directors has approved the acquisition of regional work comp provider FHM Insurance Co. Terms of the deal were not disclosed. Jacksonville, Floridabased FHM provides workers' comp coverage across seven states, including Florida, and will remain domiciled in Florida.

Key Risk Expands Human Services Focus Key Risk (a Berkley Company), a leading provider of workers' compensation insurance products and services for employers throughout the United States, today announced 44

Jack B. Evans, Chairman of the Board of Directors of United Fire Group, Inc. (UFG) announced he will retire from the Board effective immediately following the Annual Meeting of Shareholders on May 19, 2021. Evans's resignation is in compliance with UFG's bylaws, which state that "every director shall submit his or her resignation not later than the first day of February after the director attains age 72."

Selective's Murphy Wins Big "I" Lifetime Award

The Jeff Yates Lifetime Achievement Award, named in honor of former Big “I” CEO Jeff Yates, recognizes individuals beyond the agent community who contribute to the vitality and strength of the independent agency system. It is the highest recognition in the nation a non-agent can receive for a lifetime of work dedicated to furthering independent agencies. Murphy joined Selective in 1980 in the finance department, becoming Senior Vice President of Finance in 1994 and Chief Financial Officer in 1995. In 1997, he was named President and Chief Operating Officer, and two years later he became President and CEO. He assumed the role of chairman in 2000. In 2013, he transitioned to chairman of the board and CEO, and in February 2020, was appointed executive chairman of the board of directors. On February 2, Murphy became nonexecutive chairperson of the board.

AIA Appoints Albrecht as President Associated Insurance Administrators (AIA) has announced the appointment of Patrick Albrecht as President. The position of President was previously filled externally by a member of the AIA Board of Directors and the move brings the authorities and responsibilities into the day-to-day operations. Prior to becoming President, Albrecht was the Senior Vice President for AIA. He is a 20-year veteran of the insurance industry. Albrecht serves on the Board of Directors for the Wholesale & Specialty Insurance Association (WSIA). u The Tennessee Insuror


The Tennessee Insuror

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Agents for the Community

presented by

Lipscomb & Pitts Insurance a higginbotham company • Memphis In this series, Penn National Insurance and Insurors are recognizing some of the work our members do for their communities. During Convention, the new "Penn National Agents for the Community" Award will be presented to one of the featured agencies.

executive lunches, a golf scramble and much more. Traditionally, the events would be in-person, but we’ve hosted them virtually during the pandemic, which has opened up access for even more people to participate, and that's exciting.

The Insuror: Why is community service such an important part of your agency? Lipscomb & Pitts: Community service was ingrained in our DNA from the very beginning. We have a service legacy dating back to post WWll when Mat Lipscomb & John Pitts founded our company. Since then, Memphis and the Mid-South has come to be known as one of the most philanthropic and giving communities in the nation and we are a part of that fabric.

The Insuror: What are some of the main causes/ groups you support? How and why did you get started with them? Lipscomb & Pitts: We support LOCAL groups. Knowing the philanthropic heart of Lipscomb & Pitts (L&P), many of our clients reach out to us about supporting a cause that’s very dear to them. Sometimes, it’s our own employees who get us involved in local nonprofits. Either way, it’s important to us that we support our local community and give back to the very people who have blessed us so richly.

The Insuror: Please tell us about cityCURRENT and the role it has both in your agency and for your community. Lipscomb & Pitts: We created cityCURRENT as our philanthropic arm and privately-funded catalyst for the community. The organization has played a significant role in transforming the Mid-South and our agency as well. cityCURRENT’s mission is to power the GOOD. We host hundreds of events each year for enrichment and collaboration, focus on volunteerism and financial giving, and produce an array of positive-oriented media. The organization is comprised of more than 100 companies that have joined forces and funds to make a difference in many ways. Our corporate partners include some of the world’s largest employers like FedEx, AutoZone, Smith+Nephew, Kroger and Verizon, along with midsize and smaller firms. cityCURRENT CEO, Jeremy C. Park, leads the organization, and we have teams working in both Memphis and Nashville. We host more than 300 events each year, which include workshops and seminars, panel discussions, a Signature Speaker Series with national guest speakers, social mixers, 46

Jeremy Park putting new shoes on a child at a Samaritan's Feet event

We financially and physically give back to support nonprofits and lift our communities. We host nonprofit and school tours and coordinate volunteer days where corporate and community leaders come together and serve. These include mentoring and tutoring, coordinating more than 12,000 volunteers to pick up litter, and having hundreds of volunteers wash the feet of 600 youth, providing them with new socks and shoes as a part of our work with Samaritan’s Feet. We’ve given a mortgage-free home to a wounded Veteran Hero, hosted a telethon for the Red Cross to help with disaster relief efforts, scrubbed graffiti off buildings and bridges, and have so many other stories of impact that warm our hearts. Overall, cityCURRENT contributes hundreds of thousands of dollars – in terms of its impact to help nonprofits. Then, on the media side, we produce and host television and radio shows that air on PBS in Tennessee and on Cumulus Media radio stations in Memphis and Nashville. We have two books that focus on helping you achieve success in a way that benefits others and the community, and proceeds from the books support youth literacy programs. We have a weekly newspaper column, contribute to publications like Forbes, produce and host the ChangeMakers podcast, and other media that is all designed to share positive news, stories of inspiration, lessons learned and advice for getting involved and creating positive change. In 2020, cityCURRENT launched an e-learning and online personal development platform called GROWTHcurrent. It allows individuals worldwide to subscribe and access exclusive content and invitations to our virtual events with national guest speakers, learning modules, interviews and Q&A sessions with thought leaders and more. While The Tennessee Insuror


GROWTHcurrent gives us a powerful way to engage, help, and inspire even more people, it all comes back to support our mission to support nonprofits and the community and power the GOOD. So, as cityCURRENT continues to grow, our ability to make a difference continues to be magnified as well.

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The Insuror: What do you think it means to clients to see their insurance agent involved in their community? Lipscomb & Pitts: We believe our clients understand that L&P strives to be relational rather than transactional. We’re not just here to collect premiums, and our clients know that. We recently partnered with Higginbotham Insurance, based in Fort Worth, Texas. They also demonstrate a core value of “being generous to our community.” We love our community, and giving back on a local scale is a high priority for us. We are a part of this thriving community and seeing our team put new socks and shoes on the feet of children in need, for example, demonstrates the heart of L&P. We’re here to serve.

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Johnny Pitts (far right) and staff prepare hurricane relief donations

The Insuror: Do you feel this service work adds to the "staff culture" of your agency? Lipscomb & Pitts: Absolutely. Many of our employees are on boards of local nonprofits or serve in some capacity to support our community. That same type of service has been demonstrated again and again within our own culture. When we have an employee who experiences hardship, our team rallies around them, offering support, meals, supplies or whatever is needed. This giving culture runs in our blood and makes us even prouder to be part of the L&P family.

The Insuror: How could our industry as a whole do a better job of supporting the communities they insure? Lipscomb & Pitts: We start by listening to the need around us. What are your clients, employees and local communities telling you? In some capacity, we have a responsibility to meet that need and pour back the support we have abundantly received.

The Insuror: Thank you for giving us your time, and we appreciate the work you're doing. Lipscomb & Pitts: We appreciate the opportunity and all that Insurors is doing to “Power the GOOD,” as well. u The Tennessee Insuror

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Agent Data: Ownership & Contracts ...continued from page 16 See In re Estate of Corning, 108 A.D. 2d 96, 100 (N.Y. App. 1985) (citations omitted and emphasis added); see also Schatzki v. Weiser Capital Mgmt., LLC, 2013 U.S. Dist. LEXIS 168572, *45 (S.D.N.Y. 2013), which found that “absent a contract to the contrary, an independent insurance agent's customer information belongs to [the] agent" in addressing ownership of electronic client database.

How Should Agencies Protect Ownership and Usage Rights? Most carriers respect this longstanding precedent and industry standard. However, with all the new technology for collection and use of electronic data, there can be a tendency to think of this data as something new and unique. Moreover, when striving for a competitive advantage, there can be a desire to stretch the bounds of appropriate data usage, even if there is no ill intent. Courts, however, have and should view it the same way as Sullard's expiration register in the Yonkers Case—the sole use and benefit of which is for the agent. Another context in which ownership of data arises is contracts with third-party vendors, such as agency management systems. There is more limited precedent in this area and agents should carefully review terms relating to the ownership and return of data processed by a vendor. If the relevant terms are deficient or ambiguous, the agent should consider adding language that expressly requires the vendor to recognize the agent's exclusive ownership of its data, to return and destroy such data, and limit the use of data solely to providing services under the contract. Overall, it remains important for agents to address the ownership and usage rights of expirations and related data in express contract terms. In connection with its contract reviews, the Big “I" Office of the General Counsel often provides sample language that may be helpful. While this cannot substitute for specific legal advice from an agent's own attorney, using language like the following, as tailored to the particular circumstances, may help to protect the agents' ownership interests, clarify the parties' expectations, and avoid confusion or disputes in the future. Sample Language for Appointment Contracts: The use and control of the Agent's expirations, including those on direct billed business, the records thereof, and the Agent's work product and data relating thereto, shall remain in the undisputed possession and sole ownership of the Agent. The Company shall not use its records or the Agent's expirations in any marketing method for the sale, service, or renewal of any form of insurance coverage or other product, nor shall the Company refer or communicate the Agent's expirations, including records, work product or data relating thereto, to any other agent or bro48

ker, or affiliate or company, without prior express written permission from the Agent. Sample Language for Vendor Contracts: At any time during this Agreement or after its termination, Vendor will destroy or return to Client all data, information and other materials of Client within Vendor's possession, custody or control upon Client's request. Vendor will deliver such items to the Client in a timely manner and in a mutually agreeable format. Vendor acknowledges that Client's data, information and other materials shall remain the exclusive property of Client and shall only be used consistent with delivering the services set forth in this Agreement. If you have any questions about this or similar issues, contact Scott Kneeland at scott.kneeland@iiaba.net or Eric Lipton at eric.lipton@iiaba.net. About the Authors Scott Kneeland is Big “I" general counsel. He is an attorney and formerly handled an array of sophisticated corporate and real estate transactional work before joining the Big "I" in 2009. Eric Lipton is Big "I" senior counsel. He has more than a decade of corporate contract, litigation and advising experience in the insurance, financial and technology sectors. u

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Big “I” Markets and Goldleaf Surety Services are here to help your agency navigate the complex bond market. With one call, Goldleaf can provide your agency with instant access to almost every type of bond your clients Big “I” Markets and Goldleaf Services are here to will ever request, from performance bonds Surety to almost help your agency navigate thethat complex every other type of surety and ϐidelity bond maybond be market. With one call, Goldleaf can provide your agency with needed. instant access to almost every type of bond your clients will ever request, from performance bonds to almost

Goldleaf has excellent market capacity forand bidϐidelity bondsbond andthat may be every other type of surety needed. performance/payment bonds on all types of contract obligations including: • • • • • • •

Goldleaf has excellent market capacity for bid bonds and performance/payment bonds on all types of contract Construction trades – all sizes obligations including:

Subcontractors and artisan contractors • Construction – all sizes Environmental work (includingtrades asbestos abatement) • Subcontractors and artisan contractors Subdivision and site improvement work • Environmental work (including asbestos abatement) Service contractors • Subdivision and site improvement work • Service contractors industries Software, IT and technology-related • Software, IT and technology-related industries Specialty manufactures

GOT BONDS?

TEAM UP WITH GOLDLEAF SURETY Access this market and more at SERVICES! www.bigimarkets.com. • Specialty manufactures

Goldleaf also has extensive experience with all forms of all forms of Goldleaf also has extensive experience with license and permit bonds, court bonds, ϐidelity bonds and bonds and license and permit bonds, court bonds, ϐidelity other commercial andbonds. miscellaneous bonds. other commercial and miscellaneous

Access this market and more at www.bigimarkets.com.

Big “I” Markets and Goldleaf Surety Services are here to help your agency navigate the complex bond market. With one call, Goldleaf can provide your agency with June 2020 instant access to almost every type of bond your clients The Tennessee Insuror will request, from performance bonds to almost June ever 2020 every other type of surety and ϐidelity bond that may be


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From buttons to bread EMC has it covered. EMC Insurance Companies offers comprehensive coverage tailored to the needs of 98 different types of light manufacturers producing everything from buttons to bread to electronic components. This line offers optional coverage for manufacturers and delivery errors or omissions, plus employment practices liability. Certain coverages are even bundled automatically — meaning whatever your clients make, EMC makes insuring their businesses easier. emcins.com/lightmanufacturing

©Copyright Employers Mutual Casualty Company 2021. All rights reserved.

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The Tennessee Insuror


Meetings A Return to In-Person is on the Horizon Big "I" Legislative Conference April 13-19 Registration is now open for the 2021 Big “I” Virtual Legislative Conference: Big “I” Leads the Way – taking place April 13-19. The event is free thanks to sponsors, and will feature members of Congress as well as updates and key information from the Big "I" Legislative Team. Join Big "I" from the comfort of your computer or mobile device and get up to speed on the many legislative, regulatory and legal challenges to your profession happening now. Hear from legislators, carriers and industry leaders and walk away with a plan to help you lead the way and protect your industry. Get more information or register now at https://www. independentagent.com/Events/LegislativeConference/ home.aspx

Young Agents Leadership Conference 7/29-30 Insurors is relaunching its Young Agents Leadership Conference in 2021. The event will take place July 29-30 at the Dollywood DreamMore resort in Pigeon Forge. This event will focus on networking, developing industry leaders for the future, examining sales & marketing and discussing industry culture. Young Agents can join the Insurors Board of Directors, Young Agents program sponsors and industry "influencer" podcast hosts as we network and discuss the future of insurance and the independent agency channel.

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.

Get more information or register now by visiting insurors.org today.

Save the Date: Insurors 128th Annual Conv. The Insurors 128th Annual Convention returns to its inperson meeting tradition on October 16-19 at the Marriott Shoals Resort & Spa, located just outside of Florence, Alabama on the beautiful Tennessee River. We look forward to seeing everyone again as we host our opening celebration, tradeshow, sessions, golf outing, clay shoot, special events and more.

1. Privacy Rights Clearinghouse: Chronology of Data Breaches

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

Look for more information to be announced soon as we launch the event on insurors.org. u The Tennessee Insuror

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Member Tips Top 3 Reasons Why People Leave the Ins. Industry by Jan Alex, IA Contributing Reporter Of those who leave the insurance industry, the most commonly cited reasons are issues of work-life balance and compensation, according to a study from Vertafore that assessed the state of the independent insurance agency workforce over the last four years. The primary reason is compensation – nearly 60% of those leaving the industry stated their pay was the primary reason for leaving. Work-life balance followed close behind, factoring into over 50% of responses. Issues related to benefits (33%) placed third while promotions and retirement were the other most frequently mentioned reasons. The study identified work-life balance and family life, as well as mental stress, as the most recurring themes in reasons for leaving the insurance industry. More than half of respondents said they would leave the industry for a better work-life balance, 84% indicated that while they would recommend the industry, they find it to be particularly stressful. However, according to the study, there may be an opportunity amidst the turbulence of the pandemic to alleviate the stress the workforce generally feels. The last year has brought change to every aspect of life, especially work. As remote working became the new norm, the study asked respondents how they felt about working from home – yielding interesting results. Out of all the respondents interviewed in the study, 67% said they would prefer a future with remote work as a permanent feature. Over half of the respondents said they favored a relatively even balance of in-person and remote work, and only 15% said they would prefer a full return to the office. In fact, some are even interested in continuing to work remotely on a full-time basis, with 18% saying they would prefer to remain working from home. With the less-than-ideal retention numbers in the industry, the study suggests that many find the work-life balance more manageable from home. The study also attempted to glean some answers to technology questions in the workplace and found that respondents felt strongly about having access to the necessary technological tools. Although the majority of respondents said they felt they had the “necessary tools" to do their job, 1 in 5 said they felt their lack of access to modern tools impacted their ability to be successful. u


Directory of Advertisers Advertiser

Phone

Website

Page

ACUITY (920) 458 - 9131 www.acuity.com 9 Arlington/Roe (800) 878 - 9891 www.arlingtonroe.com 7 Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 12 Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 19 Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 22 Big "I" Hires (800) 221 - 7917 www.bigihires.com 31 Big "I" Professional Liability (615) 515 - 2609 www.insurors.org 2 Builders Mutual (800) 809 - 4859 www.buildersmutual.com 33 EMC Insurance (800) 447 - 2295 emcins.com/lightmanufacturing 50 ePayPolicy (844) 372 - 9300 www.epaypolicy.com 52 FCCI Insurance Group (800)226 - 3224 www.fcci-group.com 42 Genesee General (800) 282 - 8755 www.geneseeins.com 33 Governmental Risk Insurance Plans (GRIP) (270) 282 - 8020 www.governmentalriskinsuranceplans.com 32 Harford Mutual (800) 638 - 3669 www.harfordmutual.com 45 Human Capital Concepts (800) 419 - 4037 www.hcchr.com 39 Imperial PFS (443) 613 - 4820 www.ipfs.com 47 INSBANK (866) 866 - 4268 www.insbanktn.com 11 J.M. Wilson (800) 595 - 0063 www.jmwilson.com 42 Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40 Liberty Mutual/Safeco (800) 837 - 5254 libertymutual.com | safeco.com 30 LUBA Workers' Comp (888) 884 - 5822 www.lubawc.com 15 Markel Specialty (800) 431 - 1270 www.markelcorp.com 22 MidSouth Mutual Insurance Company (844) 438 - 6642 www.midsouthmutual.com 26 Mountain Empire Agency Alliance (423) 560 - 6077 www.meaa4u.com/insurors 20 National Alliance (800) 633 - 2165 www.scic.com 55 National Security Group (800) 239 - 2358 x213 www.nationalsecuritygroup.com 26 Nationwide Insurance (423) 927 -2060 www.nationwide.com 17 Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 42 RLI PUP (615) 515 - 2609 www.insurors.org 6 SecureRisk (770) 723 - 8096 www.securerisk.com 38 Stonetrust Insurance (800) 311 - 0997 www.stonetrustinsurance.com 43 Summit Holdings (800) 971 - 2667 www.summitholdings.com 13 Swiss Re Lawyer's Professional Liability (630) 213 - 9952 www.swissre.com 36 Titan Web Marketing Solutions (615) 890 - 3600 www.titanwms.com 24,49 West Bend Mutual Insurance Co. (800) 236 - 5010 www.thesilverlining.com 34

INSURORS 128th ANNUAL CONVENTION

SAVE THE DATE: OCTOBER 16-19, 2021 FEAT. MANLEY FREIBURG

& PAUL OVERSTREET


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

2

CISR Introductory Series

3

4

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.

1

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.

2

Dynamic Series

CRM

WTH Seminars

3

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.

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.

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.

2

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


We answer to main street, not Wall Street. As a mutual company, we are owned by our policyholders. We focus our

For more information about our products, please contact one of our territory managers at 615-889-2740. Andy Wilder 7528 Brent Pottsext. ext 7514 Brent Potts ext. 7614 Jane Kinard ext 7518

Jane Kinard ext. 7618 Bob Reeder ext 7545

time, attention, and resources on delivering superior financial strength and stability, a comprehensive product portfolio, and most of all, on doing what’s right for policyholders. To us, policyholders are much more than insurance consumers. And because of that, all of our business decisions are made with a policyholder-first focus.

www.PennNationalInsurance.com


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