The Tennessee Insuror - Sept/Oct 2016

THE TENNESSEE

INSUROR September/October 2016

Vol. 27 No. 5

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123rd Annual Convention Sponsors

How to Guarantee a Bright Future for Your Agency

www.insurors.org

OCTOBER 29 NOVEMBER 1

Potential E&O Claim: Should I Report it to My Carrier?

123rd ANNUAL CONVENTION

NASHVILLE

Welcome to Nashville For the Insurors 123rd Annual Convention

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The Tennessee Insuror

contents

THE TENNESSEE

INSUROR Vol. XXVII, Number 5 September/October 2016

features

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

4 Welcome to Nashville INSURORS OFFICERS

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

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.

And the Insurors 123rd Annual Convention

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Convention Sponsors

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Guest Speakers & Downtown Map

10

Awarding Local Business

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How to Guarantee a Bright Future for Your Agency

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Daniel Learns About Ins.: Fine Wine or Grapes of Wrath?

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Potential E&O Claim: Should I Report it to My E&O Carrier?

departments 21

From Your President

I Want to See You!

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From Your IIABA Chairman-Elect

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From Your CEO

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Education Calendar

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Government and Legal Affairs

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Broker Spotlight

Your Association = Your Advantage

Worry About the Things You Don't Know

Arlington/Roe

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

39 Program Spotlight

Meadowbrook Medical Professional Liability 51 Meetings 53

Member Tips

LinkedIn for Insurance Agents

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Welcome to Nashville And the Insurors 123rd Annual Convention

Welcome to the Insurors of Tennessee 123rd Annual Convention! We’re excited to be back in our capital city of Nashville for the convention. As usual, there are some great events lined up for our attendees this year, so please review the schedule below and make your plans to attend. We’re glad you’re here!

This year's event schedule (all times CST):

Saturday, October 29th 7:00 - 10:00 pm 8:00 - 10:00 pm

College Football Viewing Party presented by Towerstone Nashville Symphony – Brahms Symphony No. 2 (separate ticket req.)

It's Football Time in Tennessee

Join us for a football viewing party at the Omni Barlines restaurant in the hotel.

Omni Barlines Restaurant Schermerhorn Symphony Center

Nashville Symphony Outing

Take in some culture at the state-of-the-art Schermerhorn Symphony Center.

presented by sponsor

featuring violinist

Simone PORTER

Sunday, October 30th 9:00 - 11:00 am 11:00 am - 5:00 pm 11:00 - noon Noon - 2:00 pm 1:00 - 2:00 pm 4

Board of Directors Meeting Registration Open Board and Past Presidents Luncheon presented by Swiss Re Exhibit Hall Setup Gene Marks - “Clinton vs. Trump - How Candidates Affect Business”

Omni Old Hickory Room Omni Broadway Prefunction Omni Mockingbird 4 Omni Broadway Ballroom E-K Omni Broadway Ballroom A-D The Tennessee Insuror

2:00 - 6:00 pm 2:00 - 6:00 pm 4:00 - 6:00 pm 6:00 - 8:00 pm 8:00 - 10:00 pm 9:30 - 11:30 pm

Exhibit Hall and Trade Show Omni Broadway Ballroom E-K Business Connection Lounge presented by Chubb Omni Broadway Ballroom E-K “Meet the Vendors” Reception pres. by Preferred Comp/Meadowbrook Omni Broadway Ballroom E-K Opening Night Celebration and Dinner pres. by Motorists Ins. Group Country Music HoF Conservatory Richie McDonald Concert pres. by Rate Recovery Plan by Cornerstone Country Music HoF CMA Theater Young Agents After Party pres. by Berkley SE (Young Agents & guests) Primings Lounge

Opening Night Celebration

Join us for our opening night celebration, dinner & tours of the Country Music HoF presented by sponsor

See Richie McDonald Live Lonestar frontman will perform live on stage.

presented by sponsor

Young Agents After Party

Join us for a relaxing evening at speakeasy-style Primings Lounge. presented by sponsor

Monday, October 31st 8:00 - 10:00 am 8:30 - 10:30 am 8:30 - 10:00 am 8:30 - 10:30 am 10:30 - 11:30 am 10:30 - 11:30 am

Registration Open Omni Broadway Prefunction Exhibit Hall and Trade Show Omni Broadway Ballroom E-K Exhibit Hall Breakfast presented by StoneWood Insurance Omni Broadway Ballroom E-K Business Connection Lounge presented by Chubb Omni Broadway Ballroom E-K Breakout Session 1: DOL Overtime Rule Changes Omni Broadway Ballroom A-B Breakout Session 2: 5 “Simple” Things You Should Do to Protect Data Omni Broadway Ballroom C-D

DOL Overtime changes

5 "Simple" Things You Should Do to Protect Data

Insurors General Counsel Ashley Gold will discuss the impact of overtime rule changes.

Guidant Partners founder and CEO Steve Burgess will discuss how you can better protect your own client data.

presented by sponsor

presented by sponsor

Noon - 5:00 pm Annual Convention Golf Tournament presented by Travelers Richland Country Club 12:30 - 4:00 pm Clay Shoot presented by Markel Specialty Nashville Gun Club 1:00 - 3:30 pm Wine Valuation & Tasting Seminar pres. by Chubb + Martin & Zerfoss City Winery Nashville 6:00 - 7:00 pm InsurPACTN Government Affairs Reception Omni Grand View Terrace 6:00 - 10:00 pm Company Night By Invitation

Convention Golf Tournament

Play the challenging and picturesque Nicklaus-designed Richland Country Club.

presented by sponsor

Clay Shooting Outing

Wine Seminar & Tasting

presented by sponsor

presented by sponsor

Test your shooting skills out at Nashville Gun Club.

Learn about collection insurance for wine & do some "researching." ®

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Tuesday, November 1st 8:00 - 9:00 am 9:00 - 11:00 am

Association Day Breakfast featuring Vaughn Graham Insurors Annual Meeting

Omni Broadway Ballroom G-K Omni Broadway Ballroom G-K

Mobile Event App This year we again have our mobile Annual Convention app. Just download the free Guidebook app on your smart phone or device and search for the Insurors 123rd Annual Convention.

Once you add the event you can view mobile schedules, the exhibit hall layout and more. u The Tennessee Insuror

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Convention Sponsors

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The Tennessee Insuror

ost there when it matters most there when it matters

Technology

At Donegal we understand that “ease of doing business” is vital in determining the value of a carrier to any independent agency. That’s why Donegal focuses on providing superior technology including fully automated web-based systems for Personal and Commercial Lines to give our agents optimal efficiency in quoting and issuing policies.

And while we’re pleased to offer advanced technology equal to any of the national carriers, Donegal constantly strives to improve and enhance that technology.

Donegal’s commitment to delivering superior technology to make your job easier… another way Donegal is “There When It Matters Most.”

To learn more visit www.donegalgroup.com or call Bill Anderson at 800-277-7442 ext. 3418.

The Tennessee Insuror

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Guest Speakers/Downtown Map

We are pleased to welcome this year's lineup of guest speakers:

Downtown dining options and event locations: 10

Steve Burgess

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Maggie Reynolds is a Senior Fine Art and Collections Specialist for Chubb. She has over 10 years of art, museum and design expertise and has a Masters degree in modern art & design.

Maggie will speak on the history of wine and the valuation and insurance of wine collections during our wine collection valuation course on Monday. u

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Maggie Reynolds

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Gene Marks writes every day on business, politics and public policy for the Washington Post and weekly for Forbes, Inc. Magazine, Entrepreneur, Fortune, and the Huffington Post. Gene has written five books on business management, specifically geared towards small and medium sized companies. His most recent is The Manufacturer’s Book of Lists. Nationally, Gene appears on Fox News, MSNBC and CNBC discussing matters affecting the business community. He will present, “Clinton vs. Trump - How Each Candidate Would Affect Your Business in the Next Two Years,” on Sunday, October 30th from 1-2 pm CST.

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Vaughn Graham is a Big "I" Executive Committee member and the president of Rich & Cartmill, Inc., an insurance agency headquartered in Tulsa, Oklahoma. He is a past chairman of the IIA of Oklahoma. Vaughn will discuss the industry and the state of our national Association on Tuesday morning, November 1st at our Association Day meeting.

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Ashley Gold Ashley Gold, J.D. serves as Insurors General Counsel and will present, “Preparing Businesses for the DOL Overtime Rule,” in one of our Monday breakout sessions. This session will cover the new rule which will require employers to pay overtime to many employees who were not previously entitled to it, and is set to take effect 12/1.

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LOCATIONS AND DINING IN DOWNTOWN NASHVILLE CONVENTION EVENT LOCATIONS 1. OMNI 2. COUNTRY MUSIC HALL OF FAME 3. SCHERMERHORN SYMPHONY 4. CITY WINERY 5. PRIMINGS LOUNGE 6. HAMPTON INN & SUITES OTHER VENUES 7. BRIDGESTONE ARENA 8. MUSIC CITY CENTER 9. ASCEND AMPITHEATRE RESTAURANTS 10. THE STILLERY 11. ACME FEED & SEED 12. MERCHANTS 13. THE SOUTHERN STEAK & OYSTER 14. ETCH 15. THE FARM HOUSE

16. BAKERSFIELD 17. BOB'S STEAKHOUSE 18. BAJO SEXTO TACO 19. DUNKIN DONUTS 20. AL TAGLIO 21. MARTIN'S BBQ 22. TRATTORIA IL MULINO 23. ROCK BOTTOM BREW 24. TIN ROOF 25. JACK'S BAR-B-QUE 26. SOLE MIO 27. HUSK 28. THE PALM 29. MARGARITAVILLE 30. HOT DIGGITY DOG 31. PINEWOOD SOCIAL OTHER STUFF 32. HONKYTONK ROW

OMNI 2nd FLOOR MEETING ROOM LAYOUT A

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LEGENDS BALLROOM ESCALATORS

Steve Burgess is the Founder and CEO of Nashville IT firm Guidant Partners. He will discuss, “5 ‘Simple’ Things Your Business Should Be Doing to Protect Data,” in one of our Monday breakout sessions. This session will help prepare your agency against data breaches by updating you on the best practices for protecting your clients’ info.

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Awarding Local Business

INSBANK Holds Annual Awards Reception to Honor Innovative Businesses

INSBANK recently held their 2nd annual Entrepreneur Bash & INSBY Awards on September 14th at The Bridge Building in downtown Nashville. The event honors local businesses and raises funds for the Nashville Entrepreneur Center, a non-profit organization whose mission is to connect entrepreneurs with critical resources to create, launch and grow businesses.

Guests purchased tickets to the event and 100% of the proceeds were donated to the Entrepreneur Center.

Guests had dinner and drinks while enjoying the music of local bluegrass band Sweetwater Road. Steve Gorman, drummer for The Black Crowes, served as the MC for the evening’s award program. INSBANK extends its appreciation to the sponsors who helped make the INSBY Awards a success The event’s sponsors were: The Bridge Building, NovaCopy, Kraft CPAs, Ruby, Shaub Construction Company, Inc. and Thompson Burton PLLC.

profit enterprises, one of this year’s honorees was recognized for innovation in the not-for-profit sector. Under the leadership of its President, Clint Gwin, Pathway Lending’s recent founding of the Women’s Business Center (WBC) provides a forum for training, education, and peer learning that supports the growth of women-owned business and strengthens their impact upon the economy. WBC President Amy Bunton and her team provide a wide-range of services, which include indepth business counseling, classroom training, and peer-topeer learning to help entrepreneurs start, expand and successfully manage their businesses.

This year there were three INSBY award winners recognized for their innovative approaches to their respective industries.

Allen Printing – While many printing companies succumbed to the convergence of the last economic crisis and technologies’ impact on the traditional printing business, Allen Printing embraced those challenges and has been a model of innovation in the face of industry adversity. By focusing on print services that are least-affected by technology, and by approaching every aspect of their business with a discipline of efficiency, the company has averaged 19% growth over the last 5 years. With the vision and leadership of proprietors Shannon and Paul Heffington, Allen Printing has thrived where others have struggled to survive.

500 Interstate Blvd, LLC – One of this year’s honorees was recognized for having a creative vision for real estate development. Rob Bellenfant was the catalyst for the birth of Nashville’s new “Technology Hill” via the re-development of the former Tennessee Hospital Association building at 500 Interstate Blvd. The 40,000 square feet property was transformed into the headquarters for Principal Rob Bellenfant’s very successful technology marketing company Technology Advice plus the Nashville Technology Council, Nashville Software School and others. On the south side of the Wedgewood/Houston district, this development is expected to spur further activity in the area and help transform an area once thought to be decaying, into a thriving part of the Nashville’s emerging technology industry.

Pathway Lending/Women’s Business Center – While an entrepreneurial spirit is most commonly associated with for10

Event attendees learn about the accomplishments of the 2016 INSBY award winners

INSBY winners pose with their trophies after being honored for their entrepenuerial efforts

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1/20/16 5:22 PM

How to Guarantee a Bright Future for Your Agency

written by Carl Canales, VP and GM, Safeco

Over the past several years, we have all heard and read dire predictions about the future of the independent agent. Most of those predictions were based on assumptions about the fearsome technological and financial power of huge, highly competitive companies who use their might to target consumers directly. But the IA is still here, still relevant and still a force to be reckoned with. This is particularly true in Tennessee, where the J.D. Power 2015 Insurance Shopping Study revealed that customers purchasing a new auto insurance policy were more likely than people in other states to choose a local agent (66% vs 51%).

In a recent internal research study, Safeco Insurance found that the distribution of auto insurance, by channel, was virtually unchanged from 2010 to 2015. That’s a huge accomplishment when you consider what we were up against during each of those five years. As widely reported, the big-brand captives and direct-to-consumer carriers spent a combined total of about $6 billion on consumer advertising. This massive spend, particularly from directs, is designed to commoditize the product and compete on the strength of web sites and mobile apps.

And yet they gained virtually no ground from the independent agent — not even enough to register outside the margin of error. At the same time, Google — one of the largest and most powerful companies on the planet — entered and then quickly withdrew from the market, having made little to no progress toward its early ambitions.

We can all relax now, right?

Not so fast. There is still plenty of risk for the independent agent to be disrupted by increasing competition. Our study also indicates that 60% of customers would consider leaving their independent or exclusive agent and going direct the next time they shop for auto insurance. Meanwhile, 40% of direct customers would consider an IA the next time they decide to change insurance plans. That’s a lot of potential move-

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ment, enough to change the complexion of the market if it ever becomes a reality.

So what’s the upshot? How do independent agents remain competitive and thrive in a market where the landscape is fluid and threats seem to grow and multiply? By doing what we do best, and learning a few new tricks. Where did the IA channel get the strength to resist a $30 billion attack for five years? From decades of building relationships, providing value beyond price and running smart, disciplined businesses. In order to weather tomorrow’s storm, we must start preparing today.

Only this time, we don’t have decades to do it.

Local is a Strength In our study, the number of consumers who selected “company is local” as an important factor when shopping for auto insurance grew a whopping 72% from 2010 to 2015. So we know that “local” is a selling point of growing importance. We also know that taking advantage of that fact remains a huge, upside opportunity for most of us. Showing your face regularly at community events will remind people that you’re a living, breathing member of the local business community.

Community involvement is a priority at the Manning Agency in Nashville. Martine Sanders, a producer and marketer with the company, recently told us, “Each quarter, we designate a local nonprofit organization and make a donation for each referral that gets a quote.” But their efforts don’t stop there, the agency also helps generate awareness by highlighting the nonprofit in Facebook posts and the agency’s monthly newsletter, as well as weekly ads in the community paper. “It’s not just about the money, our nonprofit partners especially appreciate our help raising awareness for their organization,” said Martine. continued on page 44

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Daniel Learns About Insurance: Fine Wine or Grapes of Wrath?

Properly Insuring Fine Articles Collections Such as Wine is Key

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

Cheers could be heard in grocery stores around Tennessee in July, as a new State law took effect allowing the stores to sell wine. I actually saw a few people waiting outside stores early that morning to be among the first in line. Some people really love their wine (although I prefer craft beer). In fact, some people love wine so much that they build rooms and cellars dedicated to storing their favorite vintages. But these people aren't buying their collectible wine at the grocery store, they are purchasing in from high end stores, dealers and direct from vineyards.

One of the most key elements of having a wine collection is storage. Wine must be kept a stable and consistent temperature (ideally between 45° F and 65° F), and preferably out of light, especially UV light.1 In addition, you'll want the wine in a secure area, as collections can easily have significant monetary value.

One such cellar is owned by Memphis entrepreneur Craig Weiss, who was recently featured in Wine Spectator magazine

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written by Daniel Smith

for his 3,000 bottle collection which focuses on California Cabernet Sauvignon wines.2 Weiss keeps his Revel-built cellar at 55° F and 70% humidity. Among his prized collection he owns a 1967 Cockburn Vintage Port and a "vertical" (every year) of Continuum Napa Valley since 2005. "Wine collecting is personal," Weiss told the magazine. "Just because something's high-rated or expensive, if you don't love it, it doesn't matter."

So, to take his advice, I felt as though I needed some personal experience for this article. Although I have sampled some well-known and well-reviewed wines, I do not have much expertise or experience in the matter.

To change that, I went on a "research expedition" with some members of the Chubb and Martin & Zerfoss team, who have expertise in insuring fine articles such as wine collections. We met with Brett Allen, General Manager of 360 Bistro in Nashville. Brett is a sommelier (a trained wine steward) and also does consultations on private wine collections.

Brett shared information with us about wine regions, soil types, grape varietals and more. He then selected the following wine tastings for us: The Crossings, a Sauvignon Blanc from Marlbourough, New Zealand; Kelleri, a Pinot Blanco

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The Tennessee Insuror

Expertise... ...it’s as critical when making fine wine as it is when insuring clients. Even more so when valuable articles are involved. Martin & Zerfoss gives you access to the coverages and experts your agency needs to protect your affluent clients and the things they love. From high-end collections like wine and art to mega yachts and exotic vehicles – let M&Z help you protect your clients and grow your agency.

MARTINZERFO S S .CO M | 615.297.8500

Invitation Join Martin & Zerfoss and CHUBB for a wine collection seminar, tour and tasting featuring Senior Fine Art and Collections Specialist Maggie Reynolds and local sommeliers.

The Tennessee Insuror

City Winery Nashville Monday, October 31st Insurors 123rd Annual Convention register online now at insurors.org

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Small business customers need superior service and comprehensive coverage... we bring you that

from Italy; Carr Vineyards Cabarnet Franc from California and finally, Maison Roche de Bellene Bourgogne Vielles, a Pinot Noir from France.

Are you familiar with those wines? If you are, your wine knowledge is probably far superior to mine. But even so, you may not be aware of all of the caveats of insuring wine collections.

Advantage

Tips on Insuring Wine Collections An easy starting point for insuring wine collections is an inventory. Knowing the wines' details (type, year, etc.) is crucial.

The next step can take more experience. You will need an appraisal of the collection. This is where expert assistance comes in. "Chubb has a network of preferred vendors who can provide a wine appraisal. An appraiser assesses the factors that may impact the value of wine, including provenance, level of wine in the bottle, clarity and color, and the bottle’s conditions.

Moreover, updated appraisals, which collectors should get periodically, are necessary for insuring high-value collections properly," says Maggie Reynolds, Senior Fine Art & Collections Specialist for Chubb. Another not to be forgotten factor is coverage of the storage space itself. If your client has specially built cabinets, lighting, environmental controls, or other storage technologies. And finally, make sure the client stays on top of their inventory, consulting with them at renewal (or after significant changes) to ensure adequate coverage. To keep tabs on the inventory of his earlier mentioned collection, Craig Weiss uses CellarTracker.com, a web-based organizational tool.

Learn About Insuring Wine Collections First Hand On Monday, October 31st, join Maggie Reynolds and the teams from Chubb and Martin & Zerfoss at our "Wine Collection Valuation & Tasting Seminar" during the Insurors 123rd Annual Convention. The event will be held at City Winery, and include 1 hour of CE in addition to the tastings, pairings and information from Maggie and the City Winery wine experts.

Get more information at insurors.org.

Want to try some collectible wine beforehand? In Middle Tennessee, Nashville's Midtown Wine and Spirits has a collection of hard-to-find wines for sale, including a 2003 Quintarelli Amarone for $399. In West Tennessee, you can check out Memphis Fall wine festivals including Vin-A-Que and Wine on the River. And in East Tennessee, luxury resort Blackberry Farm is one of only 88 Wine Spectator "Grand Award" wine venues in the world.

1-Per "How to Store Wine 101: 7 Basics You Need to Know” via http://www. winespectator.com/webfeature/show/id/45577 2-Per “Cab to the Core” via Wine Spectator at http://revelcellars.com/wpcontent/uploads/2016/07/WineSpectator_Private-Cellars-Aug2016.pdf

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

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

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Future Leaders Spotlight

presented by

Matt Felgendreher • Insight Risk Management - Nashville Matt Felgendreher of IRM-Nashville

Matt Felgendreher was born and raised outside of Lexington, Kentucky. As an only child, he spent much of his youth finding ways to get in and out of trouble on the family’s farm. He now lives in Nashville and enjoys traveling, golf and time spent outdoors.

He and his girlfriend Tori have a cat named Milo.

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

Matt: I serve as the Executive Vice President of WC Dillon Company, where we operate the Nashville office of Insight Risk Management. My daily responsibilities range from managing the commercial P&C department, to new business production, carrier relationships and new producer training.

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

Matt: I attended high school at Woodberry Forest School in Virginia and earned a degree in Economics from Rhodes College in Memphis. I’m currently pursuing my CPCU designation.

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

Matt: I imagine that my story is similar to most in that I found a career in insurance by chance and good fortune. Out of college I landed a job in financial planning with a Memphis based brokerage and soon learned that, at the age of 22, I wasn’t yet prepared to offer expert, potentially life altering financial advice. It was a great learning experience, however, giving me the confidence to branch out in search of other service driven, sales oriented positions. My mentor at the time suggested that I reach out to a trusted partner, Joe Evans, at Menard, Gates & Mathis insurance agency. Joe took me under his wing for the first five years of my insurance career. He equipped me with the knowledge, tools and confidence to eventually move to Nashville and establish a branch office, now recognized under the Insight Risk Management brand.

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

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Matt: My aforementioned mentor, Joe Evans, and my existing business partner Chan Dillon. When I moved to Nashville five years ago, Chan took me on as a partner in his employee benefits agency, WC Dillon Company. That move afforded me immediate access to his well-built network of clients and relationships. He gave me the freedom to focus and grow our P&C division, while providing much needed resources and business experience. With his help and direction, we’ve realized rapid growth and have developed a framework for success moving forward.

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

Matt: First, seek out a mentor who you respect and trust. Ask that person to challenge you, help you set goals, and hold you accountable. Second, strive to further your education.

Technical sales plays an important role in today’s competitive environment, and expertise improves your chances for success. Lastly, embrace the power of networking. Whether it’s social groups, trade groups, or other networking outlets, do everything you can to gain exposure and build relationships.

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?

Matt: When possible, work with local carrier/broker representatives. In my experience, underwriters tend to be more aggressive and responsive if they have a personal connection with your client or your client’s brand. I also suggest connecting with your carrier representatives on a personal level, outside of insurance discussions. Service and responsiveness are king in our industry, so make sure your underwriters know that they are appreciated. Sending a small gift or handwritten note after they help you land an important account would be a nice gesture. It’s unexpected and will go a long way with building rapport.

The Insuror: You are the incoming President of the Insurors of Nashville Local Board. Why do you feel that involvement with such industry groups is important?

Matt: We work in a very competitive industry. Organizations such as the Insurors of Nashville provide a refreshing, collegial forum to connect with industry peers off the playing field.

Collectively, we make efforts to grow industry awareness, promote comradery, network, and most importantly raise The Tennessee Insuror

money and resources for deserving organizations within our community. In my opinion, trade groups serve to strengthen our industry brand. Taking a leadership role within ION will be a privilege for me.

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

Matt: Thank you for the opportunity to share my thoughts.

Good luck to all the young agents out there! u

Young Agents ‘16

Upcoming Events and Information The remaining events for Young Agents in 2016 is our Convention Young Agents After Party, taking place October 30th at Primings Lounge in Nashville from 9-11:30 pm CST.

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

INTRODUCING

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

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

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

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The Tennessee Insuror

From Your President I Want to See You!

This is my favorite time of year! The evenings are turning cool, there is a crispness in the air.

It’s football time in Tennessee and you know I love UT football! The other thing I really love about this time of year is the Insurors of Tennessee Annual Convention! It's so great to be back at the beautiful Omni in downtown Nashville! The convention is such a fun time and one I wouldn’t miss for the world. There are so many things going on and so much to learn here. But my favorite part is seeing all the people, some of which I see only once a year at these meetings. I hope I get a chance to meet or reconnect with each and every one of you this year during the convention. In order to maximize my chances of seeing you, let me give you an idea of where I will be some of the time.

Sunday, October 30th On Sunday afternoon I will be hanging out at the trade show. I just love going to all the booths and talking to the people there. In addition to learning about their products and services I thank them for their support and for taking the time to come to the convention. I always learn something new and I it's great to see what they are giving away and what kind of door prizes they have. (Hint: remember to bring plenty of business cards to drop in for the door prizes, those prizes are great!)

When my poor feet get tired of all that walking I will be resting in the Chubb Business Connection Lounge. What a great idea to have a place to gather, talk and to just take a break from the busy trade show.

Sunday night I will be taking in the Country Music Hall of Fame, I am really looking forward to seeing the Blake Shelton Exhibit. They always have a lot of neat things to see at the museum so don’t miss this opportunity to see it all. Then there is dinner and the Richie McDonald concert. I am a big live music fan so I am really excited about Sunday evening!

The Tennessee Insuror

Monday, October 31st On Monday morning I will be back in the trade show to see who wins all the exhibitor door prizes. After that I will be in one of the breakout sessions. They both sound great and I would love to hear both of them – but I guess I will have to pick one. Maybe I will suggest in the future that they record these and sell the tapes later. Oops, I am showing my age here, I don’t think we use tapes anymore! Anyway, they could make these available for later viewing on your computer. I know they will both be packed with lots of useful information. Two great topics that are very relevant to our industry: complying with the new DOL Overtime Rule and how your agency can protect client data.

Tuesday, November 1st On Tuesday morning I will be attending our Association Day annual meeting. This is such an important meeting for our Association. We use this time to recognize volunteers and contributors, install our new Board and hear about what is going on at the National level. And don't forget, we've got even more door prizes to give away!

“There are so many things going on and so much to learn here.”

I have given you a lot of good places to catch up with me and say hello and I haven’t even covered 24 hours of the convention. There really is a lot to see and do so don’t miss it. I know the rooms at the Omni are awesome, but don’t spend all your time there, come on down to see and experience all that the Convention has to offer.

I mean it when I say I would like to see all of you this year. If you are new, then by all means say hello and let me know that. Or if you are a regular, I would really like to renew acquaintances.

But please don’t get offended if I don’t see you, it depends on how close you are and whether I am wearing my glasses. Just come on up and say hello, I look forward to talking with you.

Enjoy our Insurors 123rd Annual Convention! u

Christie Reeves, CIC, CPCU, CPIW 21

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The Tennessee Insuror

From Your IIABA Chairman-Elect Your Association = Your Advantage When I am asked about the state of the Big “I” and what’s going on at the national association, I always start at the same place: our mission.

Every product and service the Big “I” provides to members is created with one goal in mind: creating a sustainable competitive advantage for our members. I view every decision I have to make as a volunteer leader through that lens.

The Big “I” executive committee never forgets who our members are – as fellow agents, we understand the challenges you face. We view the Association as one big team striving to help agents be successful, from the local and state association level all the way to national. But until I began to get involved in the volunteer leadership of the Association, I had no idea of the breadth and scope of the benefits the Big “I” offers members. As I travel around the country and talk to members at state association meetings and other industry events, I’m constantly amazed and surprised at how few of our members know all of the products and services that the Big “I” has to offer – and take advantage of them.

For example, if someone in your agency has a technical insurance coverage question, where do they find the answer? Through the Big “I” Virtual University’s “Ask an Expert” service, members can submit a question and have it answered by a panel of industry experts – at

no cost. Is your agency struggling with how to attract customers in the digital age? TrustedChoice.com has delivered more than 150,000 referrals to agents in the last three years, and just last month set a record for the number of referrals sent to agents in one day. Are you worried about the impact that the federal and state government can have on your business? The Big “I” is your advocate from your state capital to the halls of Congress. Want quick access and analysis of the industry news and trends that matter to your agency? Independent Agent in print and online gives you the information you need to run a better business – and tips on how the Big “I” can help you do it.

Your Association’s leaders are focused on delivering what your agency needs to grow and thrive. If you have suggestions on how we can better serve you, please let me know.

Hear Vaughn Speak Live Big “I” National Chairman-Elect Vaughn Graham is the president of Rich & Cartmill and insurance agency in Tulsa, Oklahoma. He will speak to attendees at the Association Day Meeting on Tuesday, November 1st at the Insurors 123rd Annual Convention. He may be contacted at vgraham@rcins.com. u

“We view the Association as one big team striving to help agents be successful...”

Vaughn Graham The Tennessee Insuror

23

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The Tennessee Insuror

From Your CEO

Worry About the Things You Don't Know

A major function of Insurors is to be ahead of the curve, handle change and eliminate threats to your business by proactively advocating for our members. If we do our job well, then hopefully nothing happens. But since these issues are often worked out in advance, you probably never knew we were involved. Other times I would say to you that we have mitigated the problem the best we can and we will need to live with a negotiated solution. Lastly, in situations where our efforts were thwarted, we advise how best to live with the outcome.

These are things we work on every day, our own version of "Whack-A-Mole." Some issues are solved quickly, others can literally go on for years. Here are some issues that have recently been at the forefront:

Voluntary Coverage Assistance Program The Depopulation Plan, also known as NCCI’s Voluntary Coverage Assistance Program or VCAP, is a program where carriers review accounts that are headed for the assigned risk plan. If the account fits their appetite, the VCAP carrier may offer a voluntary quote. The agent of record is then contacted the producer is obligated to accept any “reasonable offer of voluntary coverage”. This means if the premium is lower than the assigned risk plan, you must accept it.

The program has been successful in slowing the repopulation of the residual market.

Recently, there are brokers that have been approved by VCAP. Some of these brokers are requiring agents to sign contracts with them that are objectionable, and failure to sign results in them not paying you any commission.

We are working with NCCI and the Tennessee Department of Commerce and Insurance to resolve this issue. We are adamant that since you would be receiving commission if the policy was left in the Assigned Risk Plan, you should not be punished because the policy was placed in the voluntary market. Simply stated the only voluntary part of this is for the company who prevents it from entering the pool.

The Tennessee Insuror

Rebating Issues In Tennessee, and most other states, it is illegal to give anyone anything of value not contained in the rate filing of that policy in an effort to inducement that person to write insurance with you. Key word here is “any.” Things like having a raffle for a prize for new business written and Agents foregoing or reducing commission to write the business (unless permitted by filing) are your usual type of concerns. However, who would have thought the issue of giving software to insureds to make employee changes could fall into this issue especially if the software includes ancillary programs such as keeping vacation schedules and sick days.

The Department of Commerce and Insurance has spent considerable time trying to develop guidelines on this issue. This is under advisement as to what, if anything, they want to put out and the scope of their interpretation. Moreover, whether their “advice” is an opinion or presented as a rule will affect the strength of the action. This could turn to the legislative arena in the upcoming session. If so, we will need to remain vigilant.

Workers' Comp Opt-Out Legislation With the help of so many of our members, we managed to prevent this bill from moving beyond the Commerce Committee in the Senate in April of 2015. In addition, the House never even brought up the bill in subcommittee. The bill language was copied after a 2014 Oklahoma bill which was recently declared unconstitutional. As a result of that recent decision, the law left Oklahoma employers who Opted-Out without coverage. The further fallout was that injured workers had to go to court to get the benefits they should have had from the employers who Opted-Out in the first place.

Even with this mess going on, proponents are saying Oklahoma was a “unique” situation. I personally did not know that “equal protection clauses” were unique. The same people say this is voluntary coverage. However, it is voluntary

“Some issues are solved quickly, others can literally go on for years.”

Chuck Bidek, CPCU 25

solely to the employer. Since we are the last place on planet earth where it got any traction, I wouldn’t be surprised if we don’t find ourselves defending our successes on workers' compensation reforms yet again. In my opinion, this one is bad for Tennessee and really needs to go away.

suspect and ripe for interpretation by the Insurance Department. Working for nothing in itself could be considered rebating, thus putting the agent between a rock and a hard place.

Health Insurance Commissions

This is not an insurance issue per se. However, it does affect every agency regardless of the number of employees, and for the most part, the employee’s job function. This is not a new law either. What has changed is the monetary threshold at which employees can qualify for “white collar” overtime exemptions. The threshold, previously at $23,660, will be raised to $47,476 on December 1st – an increase of over 100%.

Since introduction of the Affordable Care Act, there has been a constant tug of war regarding agent commissions. Basically, carriers had to get their loss ratios to be at least 85 percent of the premiums. There have been several strong attempts by Big "I" to remove agent compensation from the medical loss ratio calculation, but so far they have been thwarted.

Carriers went to a headcount system of compensation which drastically reduced commissions, and some have completely eliminated any commission for individual policies. So what is an agent to do? They see this business as theirs and see an obligation to take care of these clients. After all, these clients are not usually one policy clients, but a myriad collection of policies, both P&C and L&H, and often acquired over some generations. Many agents have considered a fee for service concept, but this runs afoul of our no fees (that are not in the policy filings) policy. Some have considered creating separate companies to work around the issue.

Since there is no history to rely on, these schemes are certainly

Department of Labor Overtime Rules

You may no longer rely upon the fiction that “all my employees are exempt.” Your "mistakes" will not likely show up until you let the employee go or your business is audited. Some trial lawyers see this as a great revenue source. In spite of the best efforts of U.S. Senators, it looks as though it will go into effect 12/1. Be forewarned that this is a potentially huge issue. Read Ashley's in-depth article on page 31 or come join us for a breakout session on this topic at the Insurors 123rd Annual Convention.

The Big "I" has joined the U.S. Chamber of Commerce and 12 other national trade groups in filing a lawsuit against the DOL to halt the overtime rule. We will find out if such action bears fruit.

As you can see, we remain busy on the issues you may not even have known to worry about. u

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The Tennessee Insuror

for the Independent Agent

Challenging the Status Quo

We are excited to be a member of the Insurors of Tennessee, and are looking forward to supporting them and their agency members. Like independent agents, we take pride in the product we deliver and stand by the fact that great relationships result in great business. Let’s challenge the status quo together and do more.

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The Tennessee Insuror

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The Tennessee Insuror

Insurors of Tennessee Exhibit Hall Guide 100 +102 - Insuror Services LLC/Swiss Re 101 - Preferred Comp - Meadowbrook Ins. 103 - Bailey Special Risks, Inc. 104 - National Alliance for Insurance Ed. 105 - Imperial PFS 107 - Motorists Insurance Group/Consumers 109 - FCCI Insurance Group 111 - Johnson & Johnson 113 - INSBANK 115 - Berkley Southeast Insurance Group 117 - Arlington/Roe 119 - Cornerstone National Insurance 200 - AmTrust North America 201 - Amerisafe 202 - Mountain Empire Agency Alliance 203 - Atlantic Specialty Lines, Inc. 204 - Berkshire Hathaway Guard Ins. 205 - Berkshire Hathaway Homestate Co. 206 - Willis Programs 207 - Southern Insurance Underwriters 208 - Travelers 209 - Patriot National 210 - Arcus Restoration 211 - Allstar Underwriters 212 - Philadelphia Insurance Companies 213 - Risk Placement Services 214 - Work At Home Vintage Experts (WAHVE) 215 - Main Street America Group 216 - CNA Commercial Insurance 217 - J.M. Wilson 218 - Burns & Wilcox, Ltd 219 - Nationwide Insurance 300 - Markel Specialty 301 - Harford Mutual 302 - Premium Assignment Corporation 303 - Genesee General 304 - AmFed Companies 305 - Strategic Ins. Software - Partner XE 306 - Ryan Specialty Group 308 - Westfield Insurance 310 - SuretyGroup.com 312 - National Security Fire & Casualty Co. 314 - Market Finders Insurance Corp.

315 - Martin & Zerfoss Inc. 316 + 318 - Applied Underwriters 317 - CompTrust AGC 319 - South & Western 400 + 402 - GAINSCO Auto Insurance 401 - Safeway Insurance 403 - MAPFRE 404 - Risk Innovations, LLC 405 - Insurance House Inc 407 - Stonewood Insurance 409 - Harbor America East 411 - Senior Market Advisors 413 - Francis L. Dean & Associates 414 - Southern Trust 415 - IDEAL Marine Insurance 416 - Country Living Insurance 417 - Hull & Company 418 - Encompass Insurance 419 - Haulers Insurance Co. 500 - Cincinnati Intermediaries LLC 501 - The Argos Group

Business Connection Lounge

502 - Celina Insurance Group 503 - AccuAgency 504 - FrankCrum, Inc. 505 - Dovetail Insurance 506 - EZLynx 507 - Capitol Special Risks, Inc. 508 - The McGowan Companies 509 - Houston International Insurance Group 510 - Prime Insurance Company 511 - Safehold Special Risk 512 - HawkSoft, Inc. 513 - U.S. E&O Brokers 514 - Atlas General 515 - Tennessee Valley Group, Inc. 516 - Emergency Restoration Services 517 - AccuWorks - Restoration Service Exp. 518 - TAPCO Underwriters, Inc. 519 - Nation Safe Drivers

Ticket Don’t forget to tear out your exhibitor ticket card from this guide and have it initialed at each booth. Bring the card to the Association Day breakfast to be entered to win the $1000 Agent Prize!

Door Prizes Be sure to be present in the exhibit hall from 8:30 - 10:30 am on Monday, when Voice of the Titans Mike Keith and Insurors CEO Chuck Bidek will be talking with exhibitors and announcing great giveaways!

AccuAgency 5855 Jimmy Carter Blvd., Suite 200 Norcross, GA 30071 Booth 503 (P) (800) 229-2009 www.accuagency.com Software and services to help you find, quote, bind and service your customers AccuWorks - Restoration Service Experts 460 Metroplex Drive Nashville, TN 37211 Booth 517 (P) (888) 779-2228 www.accuworks.com Your source for restoration service and roofing repair experts Allstar Underwriters 365 Northridge Rd., Suite 400 Atlanta, GA 30350 Booth 211 (P) (800) 424-0132 www.allstarfg.com Offering the highest level of service and solutions for E&S, Surety & Transportation needs Amerisafe 2301 Hwy 190 West DeRidder, LA 70634 Booth 201 (P) (800) 897-9719 www.amerisafe.com A leading provider of Workers’ Comp insurance and safety services AmFed Companies 576 Highland Colony Parkway, Suite 300 Ridgeland, MS 39157 Booth 304 (P) (800) 264-8085 www.amfed.com Working with agents to create a combination of financial stability & work comp expertise AmTrust North America 8995 Westside Parkway Alpharetta, GA 30009 Booth 200 (P) (866) 203-3037 www.amtrustgroup.com Offering multiline insurance policies such as workers’ comp, commercial package, and EPLI Applied Underwriters P.O. Box 3646 Omaha, NE 68103 Booth 316-318 (P) (877) 234-4450 www.auw.com Designing financial services and workers’ comp solutions to meet the real needs of small and mid-sized businesses nationwide

Arcus Restoration 719 S. Church Street Murfreesboro, TN 37130 Booth 210 (P) (855) 898-8282 www.arcusrestoration.com A full-scale restoration and remediation company serving residential and commercial The Argos Group 2200 Resource Drive, Ste 101 Birmingham, AL 35242 Booth 501 (P) (888) 344-8006 www.argosins.com Experienced providers of work comp insurance with a focus on lowering the real cost of doing business Arlington/Roe 8900 Keystone Crossing, Suite 800 Indianapolis, IN 46280 Booth 117 (P) (800) 878-9891 www.arlingtonroe.com MGA/Wholesale Insurance Brokers: Aviation - Bonds - Farm - Medical Professional - Personal Lines - Pro. Liability - Standard Small Business - Transportation - Workers’ Comp Atlantic Specialty Lines 9020 Stony Point Pkwy, Suite 450 Richmond, VA 23235 Booth 203 (P) (800) 368-2095 www.atlanticspecial.com Committed to offering specialty insurance lines and helping you understand the best choices for your clients Atlas General Insurance Services 300 N Forest Drive Suite103 Knoxville, TN 37919 Booth 514 (P) (877) 662-8527 www.atlas.us.com An MGA/Program Manager that focuses on small to medium work comp, specialized GL for contractors and package business Bailey Special Risks, Inc. 177 E. Main St., Lancaster Bldg. Suite 4 Hendersonville, TN 37075 Booth 103 (P) (800) 768-7475 www.bsrins.com A local, family owned specialty insurance wholesaler offering brokerage and program business facilities in Professional Liability, Management Liability, Commercial Casualty and specifically defined P&C programs

Berkley Southeast Insurance Group 5301 Virginia Way, Suite 250 Brentwood, TN 37027 Booth 115 (P) (800) 774-0361 berkleysig.com Regional P&C insurance company offering commercial products and services through independent agents across the South. An operating unit of the W. R. Berkley Corporation Berkshire Hathaway GUARD Insurance 165 River Street Wilkes-Barre, PA 18703 Booth 204 (P) (800) 673-2465 www.guard.com Monoline workers’ comp coverage with fast and easy online rating and submission. Direct bill, direct draft and payroll based options Berkshire Hathaway Homestate Co. P.O. Box 2048 Omaha, NE 68103 Booth 205 (P) (888) 495-8949 www.bhhc.com An A++ Rated carrier of Work Comp, commercial auto, property and more Burns & Wilcox 414 Union St # 902, Nashville, TN 37219 Booth 218 (P) (615) 251-1297 www.burnsandwilcox.com The largest independent wholesale broker & underwriting manager Capitol Special Risks 1899 Powers Ferry Rd SE #100 Atlanta, GA 30339 Booth 507 (P) (770) 956-0125 www.csrisks.com A specialty lines insurance brokerage firm Celina Insurance 1 Insurance Square Celina, OH 45822 Booth 502 (P) (800) 552-5181 www.celinainsurance.com Providing high-quality insurance coverage at the price your customers deserve Cincinnati Intermediaries 3975 Erie Avenue Cincinnati, OH 45208 Booth 500 (P) (513) 271-3400 www.cintermed.com A leading national D&O and professional liability wholesale facility

CNA Commercial Insurance 15 Century Blvd, Ste. 400 Nashville, TN 37214 Booth 216 (P) (615) 886-3300 www.cna.com Building relationships with agents and brokers to meet the specialized insurance needs of businesses of any size for over a century

With…

CompTrust AGC P.O. Box 1125 Brentwood, Tennessee 37024 Booth 317 (P) (800) 524-0604 www.comptrustagctn.com Managing claim costs of workers’ comp through active support from claim to resolution

Integrity

Cornerstone National Insurance Rate Recovery Plan 3100 Falling Leaf Court Columbia, MO 65201 Booth 119 (P) (888) 735-5764 www.cornerstonenational.com A preferred auto insurance carrier for non-preferred drivers and offering the Rate Recovery Plan

Relationships

Country Living Insurance 16 Office Park Dr #18 Hattiesburg, MS 39402 Booth 416 (P) (800) 831-1438 www.countrylivinginsurance.com A MGA specializing in personal lines property insurance Dovetail Insurance 1333 Main Street, Suite 600 Columbia, SC 29201 Booth 505 (P) (803) 255-8891 www.dovetailinsurance.com Insurance product delivery services in the cloud Emergency Restoration Services 667 Patterson Avenue Murfreesboro, TN 37129-3540 Booth 516 (P) (615) 898-8258 www.ers24-7.com A leader in smoke, fire, water and mold damage restoration, repairs and rebuilds for commercial and residential Encompass Insurance 2810 Premiere Parkway, Suite 100 Duluth, GA 37923 Booth 418 (P) (615) 585-6306 www.encompassinsurance.com Providing simple, comprehensive coverage options specially designed for your clients needs EZ Lynx 601 Silveron Blvd, Suite 170

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Central has been supporting the independent agency system since our beginning in 1876. While our building, our employees, and our equipment have changed, one thing has not: our commitment to provide security, protection and peace of mind to our customers. With visionary leadership, innovative technology, and exceptional customer service, we will continue to fulfill this promise for our agents and our customers well into the future!

David Lee, CPCU

Regional Marketing Manager 800-935-6427 dlee@central-insurance.com www.central-insurance.com

B

Flower Mound, TX 75028 Booth 506 (P) (877) 932-2382 www.ezlynx.com Industry-leading cloud-based software for insurance professionals FCCI Insurance Group 6300 University Parkway Sarasota, FL 34240 Booth 109 (P) (800) 226-3224 www.fcci-group.com Provider of workers’ compensation insurance, property and casualty coverage, and third party administration Francis L. Dean & Associates 310 West Cook Road, Suite 204 Fort Wayne, IN. 46825 Booth 413 (P) (877) 732-4746 www.fdean.com A national underwriting facility specializing in student, sports and special risk insurance Frank Crum, Inc. 100 South Missouri Ave. Clearwater, FL 33756 Booth 504 (P) (404) 695-7282 www.frankcrum.com One of America’s premier PEOs and staffing experiences minimizing the amount of time and money your clients need to manage services

Harford Mutual 200 N Main Street Bel Air, MD 21014 Booth 301 (P) (800) 638-3669 www.harfordmutual.com Providing P&C insurance products tailored for business owners and their companies Haulers Insurance Company 1101 New Hwy. 7 Columbia, TN 38401 Booth 419 (P) (800) 346-6071 www.haulersinsurance.com Regional P&C company offering a broad array of personal and commercial auto products Hawksoft 1230 SE 3rd Avenue Canby, Oregon 97013 Booth 512 (P) (866) 884-4680 www.hawksoft.com The only agency management system that makes running your business more effective Houston International Insurance Group 2007 Eagle Ridge Drive Birmingham, AL 35242 Booth 509 (P) (713) 935-4800 www.hiig.com A specialty company that provides creative solutions for our clients’ specialized needs

GAINSCO Auto Insurance 333 Lee Parkway, Suite 1200 Dallas, TX 75219 Booth 400-402 (P) (866) 424-6726 www.gainsco.com/Tennessee A leader in the personal and specialty insurance markets since 1978

Hull & Company 11405 North Community House Rd, #100 Charlotte, NC 28277 Booth 417 (P) (800) 241-4855 www.hullco.com Wide variety of products from stable, prestigious carriers nationally and globally

Genesee General 1220 Old Alpharetta Rd., Suite 380 Alpharetta, GA 30005 Booth 303 (P) (800) 282-8755 www.geneseeins.com A full service MGA and wholesale company with a mission to provide unparalleled service to independent insurance agents

IDEAL Marine Insurance 1821 Walden Office Square, Suite 425 Schaumburg, IL 60173 Booth 415 (P) (847) 397-5234 www.idealmarineins.com A wholesale entity that underwrites a wide variety of specialty marine coverage

Harbor America East 21977 E. Wallis Drive Porter, TX 77365 Booth 409 (P) (813) 404-2132 www.hapeo.com PEO offering work comp bundled with payroll, risk management & human resources services

Imperial PFS 1055 Broadway Blvd., 11th floor Kansas City, MO 64105 Booth 105 (P) (800) 838-2350 www.ipfs.com Premium Financing specialists, nationwide expertise, local service, an Insurors endorsed vendor

INSBANK/Finworth Mortgage 2505 21st Avenue, Suite 204 Nashville, TN 37212 Booth 113 (P) (615) 515-2275 www.insbanktn.com Commercial bank serving independent agents, small businesses, local residents and mortgage solutions through Finworth Insurance House, Inc. 1904 Drachten Dr SE Marietta, GA 30067 Booth 405 (P) (770) 952-0080 www.insurancehouse.com A leading MGA and Wholesale Broker, specializing in the placement of business and personal insurance J.M. Wilson 8036 Moorsbridge Road Portage, MI 49024 Booth 217 (P) (800) 666-5692 A Managing General Agency and Surplus Lines Broker with A rated markets Johnson & Johnson 200 Wingo Way Mount Pleasant, SC 29464 Booth 111 (P) (800) 487-7565 www.jjins.com Full service MGA offering E&S markets, standard markets and Premium Financing Main Street America Group 4601 Touchton Road East, Suite 3300 Jacksonville, FL 32245 Booth 215 (P) (800) 207-0446 www.msagroup.com Offering P&C insurance in 27 states, surety bonds in 44 states and annually writing nearly $900 million in premium MAPFRE 211 Main Street Webster, MA 01570 Booth 403 (P) (800) 244-1545 www.mapfreinsurance.com Committed to providing high quality products and valuable services to agents & insureds Markel Specialty P.O. Box 3009 Omaha, NE 68103 Booth 300 (P) (888) 500-3344 www.markelinsurance.com Personal and commercial insurance, includ-

ing umbrella, property and excess liability Market Finders Insurance Corp.

P.O. Box 6549 Louisville, KY 40206 Booth 314 (P) (800) 626-5660 www.mfic..com An E&S Broker specializing in unusual and hard-to-place insurance products Martin & Zerfoss, Inc. P.O. Box 121587 Nashville, TN 37212-1587 Booth 315 (P) (615) 297-8500 www.martinzerfoss.com Premier MGA for affluent PL & community banks thru Chubb/ACE, AIG & Travelers Select The McGowan Companies 20595 Lorain Road Fairview Park, OH 44126 Booth 508 (P) (800) 545-1538 www.mcgowancompanies.com Empowering agents with aggressive, flexible and creative products Motorists Insurance Group/Consumers Ins. 1620 Gateway Blvd.

Murfreesboro, TN 37129 Booth 107 (P) (615) 896-6133

motoristsmutual.com / ciusa.com Consumers Ins. is a member of Motorists Insurance Group, an A-rated group of 11 companies, including Motorists Insurance. Available to TN pilot agents in Spring ‘17, Motorists offers a premier commercial insurance suite Mountain Empire Agency Alliance 1524 Bridgewater Lane Kingsport, TN 37660 Booth 202 (P) (423) 612-0683 www.meaa4u.com Proven total solution for independent agents Nation Safe Drivers 800 Yamato Road, Suite 100 Boca Raton, FL 33431 Booth 519 (P) (800) 338-2680 www.nationsafedrivers.com Providing niche/ancillary auto-related products that fill coverage gaps and provide additional agent revenue opportunities The National Alliance 3630 North Hills Drive Austin, TX 78755 Booth 104 (P) (800) 633-2165 www.scic.com Offering practical continuing education programs, including CIC, CISR, CSRM & CRM designation programs

National Security Fire & Casualty Co. P.O. Box 703 Elba, AL 36323 Booth 312 (P) (800) 239-2358 www.nationalsecurityinsurance.com Property coverage for homes & mobile homes that may not qualify for standard markets Nationwide Insurance 1100 Locust Street Des Moines, IA 50391 Booth 219 (P) (800) 532-1436 www.nationwide.com Superior service, coverages, discounts and more for personal, business & farm/ranch Patriot National, Inc. 401 East Las Olas Blvd. Suite 1650 Fort Lauderdale, FL 33301 Booth 209 (P) (800) 948-2651​ www.patnat.com Bringing decades of experience in creating and administering solutions to complex work comp risk management challenges Philadelphia Insurance Companies 215 Centerview Drive, Suite 136 Brentwood, TN 37027 Booth 212 (P) (800) 317-1034 www.phlyins.com

Offering tailored commercial P&C and management & professional liability

Offers Work Comp, High Value HO and other quality products to top partner agents

Preferred Comp of TN/Meadowbrook 2500 21st Avenue S Nashville, TN 37212 Booth 101 (P) (615) 385-3316 www.preferredcomp.com Insurors endorsed partner offering work comp markets, MedMal & more for Insurors members

Risk Placement Services 220 Lexington Green Cr., Ste 600 Lexington, KY 40503 Booth 213 (P) (800) 432-9348 www.rpsins.com RPS is a wholesale insurance brokerage offering specialty P&C insurance products

Premium Assignment Corporation 509 Solomon Drive Franklin, TN 37064 Booth 302 (P) (615) 419-1797 www.premiumassignment.com A premier premium finance company

Ryan Specialty Group 200 E. Randolph, 20th Floor Chicago, IL 60601 Booth 306 (P) (312) 784-6001 www.rtspecialty.com A select group of MGUs, a wholesale brokerage, a London operation, and other entities offering specialty insurance services to agents, brokers and insurance carriers

Prime Insurance Company 303 W Madison St # 2075 Chicago, IL 60606 Booth 510 (P) (800) 456-4576 www.primeis.com Excess & Surplus lines for hard to place risks Risk Innovations, LLC 229 SE Douglas Street, Suite 220 Lees Summit, MO 64063 Booth 404 (P) (800) 913-6696 www.riskinnovationsllc.com

Safehold Special Risk 400 Interstate North Parkway, Suite 1000 Atlanta, GA 30339 Booth 511 (P) (800) 842-8917 www.safehold.com Customized insurance programs, underwriting, systems and service Safeway Insurance 10 Canebrake Blvd, Suite 300

TRUSTwith what MATTERS MOST

Flowood, MS 39232 Booth 401 (P) (800) 352-3089 www.safewayinsurance.com Making cheaper auto insurance the safe, great value choice Senior Market Advisors 6201 Centennial Blvd.

Nashville, TN 37209 Booth 411 (P) (844) 452-5020 www.seniormarketadvisors.com Providing agents with the marketing, technology and carriers to succeed in senior markets South & Western P.O. Box 9015 Addison, TX 75001 Booth 319 (P) (901) 684-4500 www.southandwestern.com Supporting independent agents with specialty insurance offerings of personal lines, farm & ranch, commercial transportation & P&C Southern Insurance Underwriters, Inc. 4500 Mansell Road Alpharetta, GA 30022 Booth 207 (P) (678) 498-4501 www.siuins.com SIU is a full service MGA offering commercial/ personal lines & over 200 markets

With direct carriers and the online marketplace increasingly encroaching on the traditional role of an Independent Agent, the best of the best know the importance of working with a carrier they trust. A carrier with relevant products and expertise. A carrier committed to the success of its agents.

A carrier like The Hanover.

That’s why we aim to reward and retain your trust with tools that meet the increasing demands of a 24/7 marketplace, through constant investment in our platform, product suite, and agent-centric analytics, and products targeted at the attractive emerging affluent and small commercial markets.

Success in this industry will continue to require a deep partnership between the agent and the carrier.

In other words, trust.

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Southern Trust 5444 Riverside Drive Macon, GA 31210 Booth 414 (P) (800) 476-5566 www.stins.com Offering a wide variety of personal & business insurance products at competitive rates StoneWood Insurance Company P.O. Box 97488 Raleigh, NC 27624 Booth 407 (P) (800) 780-7454 www.stonewoodins.com Specialty lines insurance on an admitted basis through the James River Group platform Strategic Insurance Software/Partner XE 4181 Arlingate Plaza Columbus, OH 43228 Booth 305 (P) (800) 747-9273 www.sisware.com Industry software and automation solutions for insurance agents including Partner XE SuretyGroup.com 12890 Lebanon Road Mount Juliet, TN 37122 Booth 310

(P) (844) 432-6637

www.suretygroup.com Your online bond provider TAPCO Underwriters 3060 S. Church Street Burlington, NC 27216 Booth 518 (P) (800) 334-5579 www.gotapco.com E&S MGA for Commercial & Personal Lines Tennessee Valley Group, Inc. 1550 West McEwen Dr. Suite 300-5, Franklin, TN 37067 Booth 515 (P) (615) 390-9966 www.tnvalleygroup.com Business brokerage and transfer mediation Travelers 6640 Carothers Parkway, Suite 300 Franklin, TN 37067 Booth 208 (P) (615) 660-6015 www.travelers.com Offering commercial, specialty & personal lines products with responsive service and solutions U.S. E&O Brokers 2899 Elmwood Drive

Have an exhibitor from each booth initial this ticket, then complete the info section and turn it in for your chance at the Grand Prize drawing!

Smyrna, GA 30080 Booth 513 (P) (800) 460-6424 www.useo.com E&), D&O, Cyber coverages and more Westfield Insurance PO Box 5001 Westfield Center, OH 44251 Booth 308 (P) (800) 243-0210 www.westfieldinsurance.com Business, Farm and Home & Auto Insurance Willis Programs 200 Liberty Street New York, NY 10281 Booth 206 (P) (603) 334-3000 www.willisprograms.com Specialized insurance programs & managers Work at Home Vintage Employees - WAHVE 20 Tower Ln Avon, CT 06001 Booth 214 (P) (646) 807-4372 www.wahve.com A remote staffing solution for insurance firms by engaging vintage professionals

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The Tennessee Insuror

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

Government and Legal Affairs What do Insurance Agencies Need to Know About the New Overtime Regulations?

•

Written by Ashley N. Gold, JD, Insurors General Counsel

Maybe you have heard about it and maybe not, but don’t turn the page because this applies to you! This spring the Department of Labor (DOL) issued new regulations regarding overtime and your employees. Beginning December 1, 2016, generally speaking, in order to be exempt from overtime pay under the new regulations, an employee must: 1. Be paid a minimum salary of $913 per week or $47,476 annually; and 2. Perform specific duties.

The key change in the regulations is that the minimum salary is more than double the former requirement. It will also be modified every three years moving forward.

In case you have not been keeping up with how this will affect you let me debunk a few myths: •

Small businesses are NOT automatically exempt – the law

• •

applies to you!

Voluntary work IS work – you must pay your non-exempt employees for it regardless of how badly they want to work those extra hours Paying a salary versus an hourly wage is irrelevant – nonexempt employees must be paid overtime No, you may not give comp time instead of overtime!

If your Producers or CSRs are primarily performing inside sales, they will not qualify as exempt and will be entitled to overtime for any hours worked over 40 per week. So, you ask, who is exempt? For insurance agencies, the most common potential exemptions are the Executive exemption, Administrative exemption and Outside Sales exemption.

Several years ago the DOL issued an opinion letter specifically on life insurance agents, but the language is instructive. The law states that a person may be exempt from overtime requirements if they are an Outside Salesman and meet these requirements: 1. The primary duty is: (i) making sales within the meaning of section 3(k) of

Liberty Mutual Insurance and Safeco Insurance are proud to sponsor the 123rd Annual Insurors of Tennessee Convention.

© 2016 Liberty Mutual Insurance. Insurance underwritten

by Liberty Mutual Insurance Co., Boston, MA, or its affiliates or subsidiaries.

The Tennessee Insuror

31

the Act, or (ii) obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and

2. Is customarily and regularly engaged away from the employer’s place or places of business in performing such primary duty.

This means that the agent is regularly making sales away from the insurance agency. They could be meeting customers at their office, home or the local coffee shop. Making sales by telephone or internet does not meet the “outside sales” component unless they are merely incidental to the outside sales activities. Additionally, the meetings away from the agency must occur normally and at least on a weekly basis. Some of the examples used were: “making in-person calls on or attend social functions with real estate agents, attorneys, brokers and other potential sources of referrals and leads.” The DOL acknowledged that the agents sold “insurance policies and financial products and services directly to clients…face to face outside of their offices”.

The Outside Sales exemption is the only exemption that does not apply the $47,476 minimum salary threshold. An employee who qualifies on the “duties test” above may be paid commission or salary and there is no minimum. The Administrative exemption is the other exemption that often applies to insurance agencies.

“Employee employed in a bona fide administrative capacity” means “any employee”: 1. Compensated on a salary or fee basis at a rate of not less than $913 per week ...($47,476); 2. Whose primary duty is the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer’s customers; and 3. Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance The Administrative exemption is more difficult to apply because the test is so fact specific. The DOL looks to what the “primary duty” of the employee is and for the administrative exemption it needs to be work directly related to the “management or general business operations” of the employer.

Examples of such work include: Work such as collecting and analyzing information regarding the customer’s income, assets, investments or debts; determining which financial products best meet the customer’s needs and financial circumstances; advising the customer regarding the advantages and disadvantages of different financial products; and marketing, servicing or promoting the employer’s financial products.

However if the agent’s primary duty is selling financial prod32

ucts, they will not qualify as exempt.

It is important to have clear job descriptions that are regularly reviewed against actual job duties for all employees for which the employer is claiming exempt status. The classification of any individual employee is a case-by-case determination dependent on that employee’s specific job duties, state, and federal law. Employee classification is not determined by job title alone; it is a fact specific inquiry.

What about your employees who do not meet the exemptions? If they meet the administrative duties test but not the salary – raise their salary. If they do not meet either, you can restructure duties so they meet the test and raise their salary, or you can convert them to non-exempt and pay an hourly rate and overtime (if warranted). As long as minimum wage laws are not violated, an employer can calculate an hourly rate of pay for the employee that, even including overtime, is comparable to the original salary being paid to the employee.

How can an agency research that they have classified employees properly? Insurors has partnered with ComplianceHR to provide an online, intelligent solution delivering expert legal guidance to determine overtime exemption eligibility for only $60 per report. The reports can be developed based upon position, job description or for a specific employee.

After completing an easy-to-use online questionnaire, Navigator OT applies all applicable federal and state tests resulting in a report that provides a clear, actionable risk assessment pegging the strength of each applicable exemption, delivered with expertly reasoned suggestions on how to lower the risk of misclassification. Together with the risk result, Navigator OT provides a summary of the exemption standards and a transcript of answers to the online questionnaire.

Additionally, you will have access to the OT Cost Estimator application to assist you in determining what the cost of providing a salary increase will be versus paying overtime expenses.

Simply enter information on an employee’s compensation and estimate the number of hours worked each week, and the Estimator will compare the cost of providing a salary increase versus overtime) as well determine the “cost neutral” hourly rate if reclassifying in a way that minimizes additional costs.

For more information, and to quickly and inexpensively assess your employees' risk, visit http://www.insurors.org/IOT/ Products_and_Services/Navigator_Overtime_Compliance_ Report.aspx About the Author Ashley N. Gold has served as General Counsel of Insurors of Tennessee since 2007, and previously consulted for the Association on legal and government affairs matters. She received her undergrad degree from the University of Kentucky and her Juris Doctor from Samford University. She may be contacted at aarnold@ insurors.org or by calling her at 615.515.2606. u The Tennessee Insuror

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The Tennessee Insuror

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We are Workers’ Comp.

AMERISAFE provides Workers‘ Comp Insurance

focused on small to mid-sized employers in hazardous industries. Specialized underwriting, extensive field services in workplace safety and claims management, and financial soundness is demonstrated by our A.M. Best & Company rating of “A” (excellent). AMERISAFE is the right choice for your Workers’ Comp Insurance needs.

Arborists Construction Marine Trucking 34

800-897-9719 www.amerisafe.com

The Tennessee Insuror

Association Update

Pitts Named to Big "I" Roundtable

Johnny Pitts, of Lipscomb & Pitts in Memphis, has been appointed as a member of the Agents & Brokers Roundtable to serve for one year, beginning September 1, 2016 and ending August 31, 2017. The committee serves to inform Big "I" of the interests and opinions of large brokers in the independent agent community.

Pitts follows former committee member Clay Jackson as the second consecutive Tennessean to serve on the roundtable.

The Crichton Group Promotes Hite The Crichton Group, an independent insurance agency in Middle Tennessee, has promoted industry veteran Dan Hite to the position of partner and vice president.

Previously, Hite served as commercial insurance advisor for the agency. In his new role, Hite will be responsible for business development, fostering

carrier relationships and mentoring new team members.

Additionally, he will help lead and advance the company’s healthcare and special liability practices and will oversee the agency’s development of its insurance products.

Ulmer Named President/CEO of Regions Ins. Regions Financial has named Rick Ulmer President and CEO of Regions Insurance Group, Inc. with responsibility for Regions Insurance operations in 10 states. Ulmer has more than 30 years of insurance industry experience and most recently led the Regions Insurance Mid-America Region which includes offices in Arkansas, Indiana, Louisiana, Tennessee and Texas.

Moorehead Joins Boyle Insurance Agency Nick Moorehead has joined Boyle Insurance Agency in Memphis as an Account Executive. In his new position, he is primarily responsible for partnering with commercial and personal insurance clients as a trusted advisor providing the highest level of customer service. Moorehead began his career with Morgan Keegan and also worked with Nationwide before joining Boyle. u

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Our rate capping provides powerful guarantees. To prevent surprises, each customer’s existing premium is capped in the first term so they won’t experience an increase at the time of a book roll of more than $10. In addition, premium increases are capped at each renewal*.

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The Tennessee Insuror

35

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

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

36

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

Get more information now at www.securerisk.com

The Tennessee Insuror

Broker Spotlight Arlington/Roe managing general agents “Ruth, I quit my job,” are the words that began the legacy of Arlington/Roe. In 1964, with five children to support, Jim Roe’s father, Francis, made the decision to start a family-owned insurance business. Today, Jim and Vickie Roe are pleased that three of their children, Andy, Patrick and Katie Roe Weiper, chose to join, nurture, grow and perpetuate the family business. Indianapolis, Indiana is the location of their main office with 6 additional offices located in Illinois, Michigan, Ohio, Kentucky, Tennessee and Minnesota. Missouri and Wisconsin are also primary states.

Arlington/Roe Core Values Individuality is valued and contributes to success. Arlington/Roe attributes success to: • • • • • •

Careful selection and professional growth of people Caring relationships with customers and suppliers Diversification of product lines in a changing environment Advancements in automation for data driven service Servant leadership in support of the independent agency system and their communities A culture anchored in trust, the golden rule and the development of stakeholders

and

wholesale insurance brokers

President James A. Roe, CPCU Headquarters Indianapolis, Indiana (L-R) J. Patrick Roe, Jim Roe, Katie Roe Weiper and Andy Roe

General Practice Areas Arlington/Roe provides markets, expertise and relationships in the following general practice areas: • • • • • • • • • •

Aviation Bonds Commercial Binding Commercial Brokerage Farm Medical Professional Personal Lines Professional Liability Transportation & Garage Workers’ Compensation

In addition to providing expertise in these practice areas, their underwriters and brokers coordinate among specialty teams to meet the needs of multifaceted risk opportunities, piecing each risk puzzle together for agency partners.

Growth in Numbers

Tennessee Partnerships

Arlington/Roe values quantity, but quality is their benchmark. Take a look at how their numbers tell the story:

Tennessee is a core state for Arlington/ Roe, with an office location in Nashville and ten local team members ready to serve you.

2016 2005 180 200 7

2

Projected $210+ million $100 million in premium Committed associates Select markets State offices: IN, IL, MI, OH, KY, TN, MN Additional Primary States: MO, WI

The Tennessee Insuror

Tennessee Office 555 Marriott Drive, Suite 275 Nashville, TN 37214 Glenna Boedker Marketing gboedker@arlingtonroe.com Julia Link C/L Binding/Brokerage jlink@arlingtonroe.com Lisa Stephens Commercial Binding lstephens@arlingtonroe.com Carrie Heinlein Commercial Binding cheinlein@arlingtonroe.com Ryan Hotz Commercial Binding rhotz@arlingtonroe.com Debbie Reinhard Medical Professional dreinhard@arlingtonroe.com Donna Paine Personal Lines dpaine@arlingtonroe.com Jan Oakley Transportation joakley@arlingtonroe.com

Contact Arlington/Roe today by visiting www.arlingtonroe.com or by calling 1.800.878.9891.

Terry Oakley Transportation toakley@arlingtonroe.com

“We look forward to helping you find solutions.” u

Frank Daniels W/C & C/L Brokerage fdaniels@arlingtonroe.com 37

38

The Tennessee Insuror

Program Spotlight

Meadowbrook Medical Professional Liability Meadowbrook Insurance Group is pleased to announce the addition of Medical Professional Liability coverage through Mackinaw Underwriters, Inc., Meadowbrook’s wholesaler, endorsed by the Insurors of Tennessee.

The relationship between Meadowbrook and Insurors goes back to 1995 when Preferred Comp of Tennessee (PCOT) originated, Meadowbrook’s agency, and was endorsed by Insurors. Preferred Comp of Tennessee has now been partnering with Insurors for over 20 years, providing Workers' Compensation insurance solutions for the nearly 500 independent agents who are members of the organization. PCOT works with any Insurors members, without a contract and premium volume commitment, allowing even the smallest agent the ability to provide workers’ compensation solutions for their clients.

Introducing Mackinaw Underwriters Mackinaw Underwriters, Inc. is a unique insurance organization providing both admitted and surplus lines product solutions. Beginning in October, 2016, Meadowbrook, through Mackinaw Underwriters, will be able to provide Medical Professional Liability coverage.

Meadowbrook’s Medical Professional Liability Program has been insuring medical professionals in Michigan since 1993. This coverage is designed specifically for physicians, physicians groups and allied health professionals (non-physicians).

The Medical Professional Liability Program utilizes customized coverage, fair pricing, responsive claims management and proactive on-site risk assessments. It offers a competitive combination of price, coverage and service in the marketplace, open to insuring the majority of the medical specialties and is targeting the following medical specialties: The Tennessee Insuror

• • • • • • •

Allergy Anesthesia Ear, Nose and Throat (ENT) Family Practice Gastroenterology-minor surgery Internal Medicine-no surgery Ophthalmology

This new program is underwritten by Meadowbrook Insurance Group using National Specialty Insurance Company (A.M. Best rated “A” Excellent VIII).

Archie McIntyre, Meadowbrook’s Executive Vice President of Business Development commented on the addition of the program to Tennessee, saying, "Meadowbrook is confident that our long term underwriting success in the Medical Malpractice area, combined with Insurors members will be mutually beneficial. This is an area which requires expertise that we have and our risk management services and claim servicing teams are also ready to distinguish ourselves in Tennessee."

Chuck Bidek, CEO of Insurors added, “We have continued a strong working relationship with Meadowbrook for over twenty years. When you have a foundation like that in place, it is exciting to build on the partnership with a new product like MedMal coverage. This is a great opportunity for our members to expand their market options with an Association partner they already know.”

Learn More at the Convention For more info about the new Medical Professional Liability Program, please visit the Preferred Comp/Meadowbrook booth (#101) at the Insurors 123rd Annual Convention. Representatives will be on hand to answer all of your questions.

For other questions, please contact Michael Misangyi at 248.204.8296 or mmisangyi@mackund.com, or Eddie Sims at 248.204.8533 or Eddie.Sims@ Meadowbrook.com. u

Michael Misangyi Mackinaw Underwriters, Inc. Account Manager mmisangyi@mackund.com 248.204.8296

Eddie Sims Meadowbrook Insurance Group, Inc. Medical Professional Liability Program Manager Eddie.Sims@Meadowbrook.com 248.204.8533 About Meadowbrook MedMal The Medical Professional Liability Program is supported by an experienced, dedicated team of underwriters and claims staff with over 30 years of experience in the Medical Professional Liability insurance field. The team is led by Eddie Sims, Medical Professional Liability Program Manager.

Eddie has been with Meadowbrook for over ten years and is supported by Richard Strain and Daniel Dulapa, Underwriters and Lynn Marlow, Assistant Underwriter.

The Medical Professional Liability Program claims are managed by Meadowbrook’s Corporate Claims team.

Risk management services are provided in conjunction with Safetysurance, Meadowbrook’s award winning online Risk Management platform, which is available to all policyholders and Insurors agents. The program is underwritten by Meadowbrook Insurance Group using National Specialty Insurance Company (A.M. Best rated “A” Excellent VIII).

39

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Contact Michele Bicknell at mbicknell@keystoneinsgrp.com 888-892-5904 Or visit www.keystoneinsgrp.com 40

The Tennessee Insuror

Company Briefs Hudgens Named to Head Work Comp Group The Southern Association of Workers’ Compensation Administrators (SAWCA) has announced that Abbie Hudgens, administrator of Tennessee’s Bureau of Workers’ Comp, has been named as president of their organization. SAWCA includes 19 states and 21 jurisdictions across the South, working with work comp administrators on education, legislation, industry initiatives and more.

ACUITY Names Winter as New VP Acuity recently announced that Melissa R. Winter has been promoted to VP of Business Consulting. In that role, she will lead the business systems and staff function areas that focus on training, auditing, best practices and line support, workflow and system design, productivity and metrics staffing and corporate strategic planning.

Melissa began her career at Acuity in January 1998 as an Inside Claims Representative and was promoted to Central Claims Manager in April 2001. She was named a Claims Consultant in November 2005 and promoted to General Manager - Staff Claims in June 2010.

Gileczek to Succeed Britt at Accident Fund AF Group recently announced Al Gileczek, currently senior vice president of Business Development, will replace Mike Britt as president of Accident Fund effective January 1, 2017.

Additionally, Gileczek has been appointed president of CompWest Insurance.

Gileczek began his Accident Fund tenure in 2007, holding various positions in Business Development and Regional Operations.

He spent the early years of his career in commercial and personal lines underwriting, marketing and business development and served in executive roles at Citizens/ Hanover Insurance. Gileczek earned a bachelor's degree in General Studies from the University of

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The Tennessee Insuror

Michigan and holds the Chartered Property Casualty Underwriter (CPCU) and Associate in Risk Management (ARM) designations.

Berkley Southeast Adds Hubbard in East TN Berkley Southeast Insurance Group has announced that Jennifer Hubbard has been added to their team as a Marketing Representative for East Tennessee. Hubbard was previously with fellow Berkley company Union Standard as a Regional Sales Director for Arizona and New Mexico.

Lanigan will help manage deposit relationships with Insbank corporate clients throughout Middle Tennessee. Prior to joining INSBANK, Lanigan served as a financial service representative an an account manager for Southeast Financial Credit Union, and as a customer service associate for First Citizens.

Burns & Wilcox Sponsored Walker Wins PGA Wholesale insurance broker and underwriting manager Burns & Wilcox, congratulated Jimmy Walker on winning his first PGA Championship in July. Walker won his first major at the 98th PGA Championship at Baltusrol Golf Club. The win is also the first major tour win for Burns & Wilcox, who has sponsored Walker since January 2016.

Prior to her work with the Berkley companies, Hubbard worked as an underwriter and programs manager for other large carriers. She is a graduate of the University of North Carolina with a degree in Marketing.

Country Living Ins. Now Appointing in TN

INSBANK Adds Cannon and Lanigan Insurors banking partner and mortgage lender INSBANK has announced two new staff additions, announcing Lauren Cannon as VP - Director of Treasury Management and Deposit Services and adding Chris Lanigan as Deposit Portfolio Manager. Cannon will lead INSBANK’s efforts to expand existing treasury clients and grow its commercial deposits. She formerly worked The Metropolitan Bank and Avenue Bank, and has a degree in Marketing from Lipscomb University.

Country Living Insurance, a 32 year old Mississippi-based MGA specializing in Personal Lines property insurance, is now appointing Tennessee Agents. The company represents eight different A.M. Best "A" Rated Carriers, with numerous administered programs. For more information, please contact their Tennessee-based Director of Sales and Marketing, David Martinez, at 610.849.6875, by email at david@countrylivinginsurance.com, or stop by their booth at the convention. u

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Jimcor.com 43

continued from page 12

Lean in on Digital We all know about the new rules and tools of engagement— social media, email drip campaigns, mobile apps and 24x7 access to digital tools are markers of the “new normal” in business, even small business.

The Manning Agency has created distinct roles for their website and social media presence. The agency’s consumerfriendly website provides information about the company, allows people to get to know a bit about the agents and begin the process of getting a quote. “The website is key to making a strong first impression. A lot of people call and say ‘I saw your website and I like the way it looks,’” according to Martine.

“When it comes to Facebook, we don’t try to sell insurance -instead we talk about local news and events, spotlight a local nonprofit or share inspirational quotes. Time and time again we find that sharing what we’re doing in the community gets the most engagement,“ said Martine.

Independent But Not Alone Even though IAs are “independent” by definition — and there are many strengths that come with independence — the truth is, we’re all part of a community with shared interests

and shared risks. If a customer has a bad experience with one IA, the reputation of every IA suffers a tiny bit. Likewise, every time an independent agent delivers ease, choice and advice (a combination that no other distribution channel can match) to a customer, it’s a small victory for all of us.

Sharing ideas that work and stories that inspire is to everyone’s advantage. There are so many opportunities to teach and learn from each other — from the Insurors of Tennessee to online communities like the Independent Agent Community by Safeco on Facebook. If everyone contributed just a fraction of the ideas they consume, the entire community would grow stronger.

By playing to the unique strengths of an IA, developing our digital muscles and creating a shared sense of “brand” we can guarantee a bright future for the independent agent – no matter what challenges lie ahead.

About the Author Carl Canales serves as the Vice President and General Manager, Southeast Region, for Safeco Insurance.

He has been with the Liberty Mutual companies since 2004, in positions including territory manager, marketing consultant and VP of Marketing. He has a Bachelor degree in business administration and marketing from Texas State University. u

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

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The Tennessee Insuror

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

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

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

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

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

The Tennessee Insuror

45

Potential E&O Claim: Should I Report it to My E&O Carrier?

written by Brian Snyder, J.D., Assistant VP, Claims Specialist, Swiss Re Corporate Solutions

The decision whether an insurance agency reports a potential claim to its professional liability carrier brings with it a host of issues to consider. What effect does reporting a potential claim have on my agency's loss history? How will it affect my agency's premium? What difference can it make? After all, it is a potential claim. My customer has not hired an attorney or filed a lawsuit against my agency. Am I only creating trouble for my agency by reporting this potential claim?

The best source to answer this question is the agency's professional liability policy. The policy requires that an agency report potential claims to its carrier. But apart from that, there are additional, common sense reasons for doing so. The following example highlights those reasons.

A Case Study An agency's most important and long-term customer owned

an engineering business along with numerous commercial buildings. The agency handled all of the customer's insurance needs obtaining, among other coverages, commercial property coverage.

A pipe burst in one of the commercial buildings resulting in over $200,000 in damage. Unfortunately, the building was vacant for several years, a fact not shared by the customer with the agency. As a result, the commercial property coverage placed by the agency contained limitations on coverage for vacant buildings.

Even though the agency suspected the carrier would invoke the vacancy provisions of the policy, the agency thought it was best, nevertheless, to report the claim to the carrier. The agency's suspicions were well-founded as the carrier denied coverage for the property claim because the building was vacant at the time of the loss and was vacant for several years.

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Insurance contracts are underwritten and issued by one or more of the following: BITCO General Insurance Corporation and BITCO National Insurance Company, rated A+ (Superior)

by A.M. Best, A2 Stable by Moody’s, and A+ Strong by Standard and Poor’s.

Programs for:

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Construction Materials Suppliers On Shore Oil & Gas Extraction Forest Products Manufacturers and Wholesalers & Distributors All programs may not be available in all states.

The Tennessee Insuror

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We form trusting relationships built on loyalty and integrity. What sets us apart is far more than what we do — it’s how we do it.

Join Us MEGAN WETLI MEGAN.WETLI@MOTORISTSGROUP.COM | 614-225-8389 The Tennessee Insuror CHRISTOPHER SNYDER CHRISTOPHER.SNYDER@MOTORISTSGROUP.COM | 513-490-5816

47

®

The customer was outraged by the lack of insurance coverage though it did not take issue with the carrier's coverage position. Like many business owners, the customer believed that the significant premiums he paid each year entitled him to coverage in the event of a loss regardless of policy language.

The agency was worried about losing its most important customer though it knew it did not breach any duty owed to the customer. After all, the customer never told the agency about the change in the building's status: from occupied to vacant.

And the agency also agreed with the carrier's coverage position.

Faced with an angry customer who was litigious by nature, and a significant uncovered loss, the agency decided to report a potential claim to its professional liability carrier, Westport Insurance Corporation.

The Westport claim handler made his initial contact with the agency within 24 hours of the potential claim being received

by Westport. After collecting the claim information, the Westport claim handler and the agency worked together as a team to develop a strategy focusing on both the customer and the carrier.

The customer was assured that the agency would advocate on the customer's behalf with the carrier in an effort to identify any avenue of recovery for the customer. At the same time, it was explained to the customer that the agency did nothing wrong in placing the property coverage that included vacancy provisions. The customer's indulgence was sought so that the agency could have time to then discuss the situation with the carrier. A commitment was made to provide frequent updates to the customer.

The focus then turned to the carrier. As there was no dispute with the carrier's coverage position, the Westport claim handler and agency agreed on a two-part strategy that would leverage the agency's long-term profitable relationship with the carrier, and the customer's profitable account history.

The agency appealed to the carrier using empirical data to prove that the carrier benefited throughout the years by doing business with the agency and the customer. As a result, the carrier agreed to make a business accommodation by paying the customer $100,000 on the uncovered claim. This decision was relayed to the customer.

The agency believed that the carrier would contribute more.

After further discussions with the Westport claim handler, the agency made an additional appeal to the carrier resulting in an agreement to pay an additional $100,000 bringing the total recovery to $200,000. The agency's contact with the carrier said that he had never seen a payment of this kind on a loss that was clearly not covered by the policy.

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The Westport claim handler and the agency had many conversations about not only what to say to the customer and carrier, but also how to say it. Of utmost importance were cre48

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The Tennessee Insuror

49

SIMPLE SOLUTIONS TO ATTRACT AND RETAIN CUSTOMERS Karen Bailo GM, Agency Sales and Distribution

Progressive provides local independent agents industry-leading tools, products and services, which allows them to counsel customers with confidence when it comes to their simple or complex insurance needs.

To learn more about our products and services or how to become an appointed Progressive agent, visit ProgressiveAgent.com.

Progressive Casualty Ins. Co. & affiliates.

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The Tennessee Insuror

ating as well as keeping goodwill with the customer.

While not every potential claim is resolved on such favorable terms, this example shows what can be achieved when a thought-out, collaborative approach is taken by an agency and Westport. Without question, had this potential claim not been reported to Westport, the customer would have sued the agency and the carrier, and the agency would have lost it most important customer.

The agency may also be concerned about whether the mere reporting of a potential E&O claim will have any adverse underwriting effect on their E&O. Each situation is unique and each carrier is different. Westport will review the facts and circumstances of the individual situation, but as a general rule the mere reporting of a claim does not automatically result in any underwriting action or increase in premium. Because your E&O professional liability policy is claims made, it is imperative that you report any potential claims immediately to your E&O carrier. In fact, Westport recommends that you report them as soon as practicable to ensure that the claim is reported during your policy period so coverage can be determined. In the situation described above, there generally would be no underwriting action taken or premium increase as a result of the potential claim.

Getting Ahead of the Problem Not every potential claim will end up with a result like the one in this example, but if you give yourself (and your E&O carrier) the opportunity to resolve things before they develop into something bigger, the probability of a positive outcome increases dramatically. And if you don't, the possibility is completely gone. By taking steps to report potential claims to Westport early, you may avoid actual claims and maybe even litigation.

About the Author Brian Snyder, JD, is Assistant Vice President and Claims Specialists with Swiss Re Corporate Solutions. Brian joined the company in 1995 and has worked in several claims departments during that time, and handled insurance agents and brokers professional liability claims since 2001. Prior to joining the company, Brian had previously spent three years as a litigation attorney in Kansas City, Missouri.

This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose.

Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group ("Swiss Re") and/or its subsidiaries and/or management and/or shareholders. Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas, a member of Swiss Re Corporate Solution. u The Tennessee Insuror

51

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Whether you’re looking to build, grow or sell your agency, Nationwide offers you choice when it comes to independent solutions and partnership opportunities.

Let’s start a conversation about your independent opportunities with Nationwide.

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Not all Nationwide affiliated companies are mutual companies and not all Nationwide members are insured by a mutual company. Nationwide, Nationwide is On Your Side, and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2015 Nationwide NPO-0627AO (08/15)

Member Tips

LinkedIn for Ins. Agents

by Dakota Weatherford, Insurors M&R Associate Finding new ways to reach potential clients in today’s social media driven world can be challenging, however LinkedIn has made a new feature that will bring the clients directly to you. ProFinder was released last fall and continues to grow in popularity. The platform is a new way for users to find a product or service and is modeled to easily direct users to a contact.

What does that mean for insurance agents?

Welcome to a new way of finding clients. Since millennials now outnumber the baby boomer generation, finding effective ways to reach them in a competitive market can be difficult.

Most people have access to Yelp, Google reviews and many other resources; ProFinder is another extension of finding insurance agents. Plus, LinkedIn is the perfect platform to recruit new clients and brand your agency. Think of it as a Match.com for business.

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It takes minimal effort and brings prospects straight to you. The algorithm is linked to your social profile and filters by keywords, categories, the user’s connections, second connections and location to match potential clients with agents. Which means having an updated profile and company page is an important base for linking the client to an agency.

So how does it work exactly?

Once a client logs into the site, they will select a few options to determine the type of quote they need provided. ProFinder filters the agents by the information given and from there the client is able to request a quote. As an agent, you have the option to reject or accept the request.

Once there is a match, the agency and client can choose to communicate with or without LinkedIn.

Is this too good to be true?

There really isn’t a catch. ProFinder is free to use up to five quotes per month. So why not try it out? You can choose to quote the users who fits best for your agency and potentially gain a new client and referrals. If you find success in using the platform, you can upgrade to Premium Business Plus for unlimited use. u

Directory of Advertisers Advertiser

Phone

Website

Page

ACUITY (920) 458 - 9131 www.acuity.com 38 Amerisafe (800) 897 - 9719 www.amerisafe.com 34 AmTrust North America (877) 528 - 7878 www.amtrustnorthamerica.com 49 Applied Underwriters (877) 234 - 4450 www.auw.com/us 2 Arlington/Roe & Co. (800) 878 - 9891 www.arlingtonroe.com 13 Auto-Owners Insurance (615) 373 - 5200 www.auto-owners.com 55 Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 26 Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 16, 19 Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 24 BITCO (800) 342 - 5786 www.bitco.com 46 Brentwood Services Administrators (800) 524 - 0604 www.bwood.com 24 Builders Mutual (800) 809 - 4859 www.buildersmutual.com 22 Burns & Wilcox (800) 341 - 4844 www.burnsandwilcox.com 15 Central Insurance (800) 935 - 6427 www.centralinsurance.com I-3 CNA Insurance (800) 251 - 5852 www.cna.com 45 Consumers Insurance/Motorists (615) 896 - 6133 www.ciusa.com 47 Cornerstone Rate Recovery Plan (888) 735 - 5764 www.cornerstonenational.com 9 Donegal Insurance Group (800) 277 - 7442 www.donegalgroup.com 7 EMC Insurance (800) 239 - 2005 www.emcins.com 55 FCCI Insurance Group (800) 226 - 3224 www.fcci-group.com 48 Grange Insurance (615) 391 - 4900 www.grangeinsurance.com 22 The Hanover (615) 649 - 3632 www.hanover.com I-6 Harford Mutual (800) 638 - 3669 www.harfordmutual.com 51 Hilb Group (804) 414 - 6505 www.hilbgroup.com 20 Imperial PFS (859) 630 - 7369 www.ipfs.com I-8 INSBANK (866) 866 - 4268 www.insbanktn.com 11 J.M. Wilson (800) 595 - 0063 www.jmwilson.com 42 Jimcor Agencies (678) 952 - 3023 www.jimcor.com 43 Johnson & Johnson (931) 704 - 0810 www.jjins.com 28-29 Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40 Liberty Mutual/Safeco (615) 463 - 5990 www.libertymutual.com / safeco.com 31 Martin & Zerfoss (615) 297 - 8500 www.martinzerfoss.com 15 MetLife Auto & Home (615) 812 - 4811 www.metlife.com 35 National Security Group (800) 239 - 2358 x267 www.nationalsecuritygroup.com 41 Nationwide (614) 948 - 4107 www.nationwide.com 52 Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56 Preferred Comp/Meadowbrook (800) 755 - 8090 www.meadowbrook.com 30 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 42 Progressive Insurance (800) 876 - 5581 www.progressiveagent.com 50 Securerisk (770) 723 - 8096 www.securerisk.com 36 South & Western (800) 492 - 5351 www.southandwestern.com 33 Southern Insurance Underwriters (800) 566 - 1700 www.siuins.com I-5 State Auto (800) 444 - 9950 www.stateauto.com 53 Strategic Insurance Software (800) 747 - 9273 www.sisware.com 27 Summit Holdings (800) 971 - 2667 www.summitholdings.com 44

INSURORS 123rd ANNUAL CONVENTION OCTOBER 29 - NOVEMBER 1 | OMNI NASHVILLE

register now at insurors.org

With a range of insurance coverages, extensive loss control resources, expert claims knowledge and local service from an independent agent like you, EMC offers an insurance program designed specifically for light manufacturers. It’s just one of the many reasons why you and your commercial clients Count on EMC ®.

SANDI DIXON, CPCU, AU Commercial Lines Underwriting Manager EMC Birmingham Branch

HEAVY-DUTY INSURANCE

FOR LIGHT MANUFACTURERS.

BIRMINGHAM BRANCH OFFICE Phone: 800-239-2005 | Home Office: Des Moines, IA

www.emcins.com ©Copyright Employers Mutual Casualty Company 2016. All rights reserved.

2500 21st Avenue South Suite 200 Nashville, TN 37212

PRSRT STD U.S. Postage PAID Nashville, TN Permit No. 380

We look for the best independent agents and build relationships that last the duration. We are committed to the independent agency system as the only means to deliver our products. Because of that, we work hand-in-hand to help our agencies grow profitably.

Our agents set us apart.

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