November 2013 Wisconsin Professional Agent

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professional agent n o v em b e r | 2 0 1 3

Wh at’s Inside? CGL Covered Locations..........15 Agent's Questions...................20 About E&O New CPIA's...............................26 Performance Time...................29 Online Local Advertising........35 Coming Events.. .....................38

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www.piaw.org


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2 NOVEMBER 13


From the

President Jeff Glass — President, PIA of Wisconsin

What Happens in Vegas . . . Doesn't Stay in Vegas Last month (September 2013) I had the pleasure of traveling to Las Vegas on behalf of the PIAW to attend the PIA National 2013 Fall Governance Meeting. It was an action packed 4 days of meetings, all in an effort to better the PIA State affiliates and State PIA members and partners. One of the meetings I sat in on was a day long program put on by a guy named Mark Levin, a national expert speaker on association membership. The gist of his program was how to attract, grow, and maintain association’s members. A ton of great ideas came out of this day long presentation, and those ideas will be passed on to the PIAW membership chairperson pronto—but this program also sparked a few thoughts in my cobweb filled head. So, riding home on my delightful Southwest flight (NOT), I jotted down a few reasons why being a member of PIAW is a huge advantage over a non-member agent.

Continuing Education —PIAW offers regular CE classes throughout the year, allowing agents to maintain State CE compliance requirements. PIAW is known as “the education association” rightly, because of all the education offerings—and we are very proud of that. Designations —CIC, CISR,CPIA, are all industry designations that can be earned through the PIAW association. Taking these courses and passing the related exam earns you an industry designation. Earning a designation gives you a leg up and sets you apart within the insurance industry. Information —beyond education, PIAW membership will give you access to various ways to learn about industry news that affects most agencies on a daily basis. PIAW has a website full of information such as educational opportunities, upcoming events, latest legislation affecting the industry, convention information, agents benefits section, employment opportunities etc. etc. etc. Please go

explore the PIAW website, the information on the website is overwhelming. In addition, let’s not forget the “award winning” PIAW monthly magazine (which your reading now or you wouldn’t be reading this). Ha!!

Representation —PIAW has the best insurance lobbyist in the business, Ron Kuehn. Ron works very hard representing the interests of the PIAW and its members. Ron and his partners continually stay in front of the state legislature making sure that lawmakers are aware of the issues that affect PIAW and its members. (Thanks Ron) Networking —PIAW offers two annual state conventions, the “Mid-Winter Get A Way” and the “65th Annual State Convention”. Both forums are great opportunities for networking. Becoming an insurance agent is a long process and few people succeed in the industry past a few years. By being a member of PIAW, you find people already in your industry who can mentor you through your learning process and be a great resource for you. Over time, you will develop lifelong friendships with colleagues that are mutually beneficial and rewarding.

Leadership —Because of the fact so few agents bother to join an association, your membership with PIAW alone makes you a leader among your peers. Agents who care enough to spend the money to further their professional knowledge are generally agents committed to their industry for the long-term. These members become the future leaders within the association and the insurance industry. Thank You!! In summary, PIAW offers a lot of positive benefits to its members and partners. The small price you pay annually in dues easily delivers a long-term return on your investment by helping you be the most informed and knowledgeable agent you can be. I THANK YOU for being a member of the PIAW and look forward to a long, prosperous relationship. J.J. Glass

www.sheboyganfallsinsurance.com NOVEMBER 13 3


Memos from

Madison Ron Von Haden, CIC — Executive Vice President, PIA of Wisconsin

Accident Scene Pertinant Information CAUTION your customers to get all the pertinent data they can at the scene of an accident and to take photos of both vehicles and the license number of the other vehicles involved. As I reported some months ago, many policy departments are redacting information from police reports due to a federal court case in Illinois. The court ruled that providing personal information found on police reports violated the privacy rights of drivers. Police departments are now wary that they could be sued if they provide police reports which contain personal information of drivers. So, contacting drivers to file claims against them becomes very difficult without court action requiring police departments to release the information to insurance companies. We have had several PIAW members who have given us horror stories of customers involved in accidents where they were not at fault but were not able to get contact information for the offending driver. Companies cannot easily recover the information either. Thus, insureds have had to file claims against their own collision, pay the deductible and possibly lose “safe driver” credits until the claim is finally resolved against the offending driver. Obviously, it’s much more drastic when your insured does not have collision coverage on their vehicle. Notify your customers that it is imperative that they gather as much information at the accident scene as possible. Use cell

4 NOVEMBER 13

phones to take pictures of the vehicles, license plates, the other party’s drivers license and anything else of importance. Tell them to record the extent of any injuries, and any personal information they can gather from other drivers and passengers if possible. Many companies and agencies provide accident report forms to their customers. The stress of an accident sometimes causes customers to forget about the existence of those valuable forms but they can be a huge benefit is completed. Your customers rely on you at the time they need you most. Protect your agency reputation and the reputation of the industry by being pro-active with your customers when you sell or renew an auto policy. Eliminating additional hassles at the time of a claim will solidify your relationship with your customers.

IT’S NOVEMBER. The pumpkins are gone, deer hunters are organizing equipment and the wonderful aroma of roasted turkey will soon fill kitchens across the country. Take time to relax, enjoy your family and prepare for the winter season that will drive many of us indoors until the warmth of spring lets us poke our head outside again. Obviously, as I’ve aged I’ve become less of a fan of winter. I hope you fare better.

AND REMEMBER ….. Ever notice that a child’s smile brightens a room better than the most powerful lights?


NOVEMBER 13 5


From the

Boardroom

Rick Clements, LUTCF, MDRT, Clements Ins. Agency, Inc. — Treasurer, PIA of Wisconsin

What Does the Future Look Like for Associations? The traditional role of an association is to bring together people with a common interest to make contacts and share information. Some are serious, purpose driven ones, maintained for their respective fields of expertise. This has been done in the past and continues in the PIAW by producing publications, providing education, communicating with legislators and holding conferences. However, as this article and other individuals I have had discussions with have indicated, there are those that think that role may be changing. With online information sharing and social networking, is there still a need for formal publications? What about face-to-face meetings, not to mention in-person conferences? Some see future associations as providers of just-in-time information. In this scenario, associations are aware of and responsive to constantly changing information and environment, whether professional, political, economical or social, and are able to provide relevant and useful information when it’s needed, at the point of need, mostly through electronic means. Others foresee associations as incubators and ‘collaboratories’, providing shared tools, webinars and websites for ideas, testing, and feedback for agents. Some have a similar vision, but broaden it beyond agents and agency owners to include both companies and clients in the interactions. Of course, my short-sentenced summaries don’t do justice to any of the ideas or thoughts of others, but I think the central focus of our PIAW organization is not only to be aware of, but adapting to the changing information world and

6 NOVEMBER 13

methods of serving our members. That being said, I believe there will continue to be a definite benefit in one on one, face to face interaction with our peers, companies, legislators and vendors in our industry. Whether in a classroom, meeting or social atmosphere, there is much more to gain then through any electronic means. The same reasoning holds true for independent agents—people (clients/prospective insureds) still value one on one, face to face interaction with a professional agent that can explain, evaluate and obtain the most appropriate coverage. So, keep up with technology and incorporate in your agency, but don’t replace it with your one on one professional relationship with your clients, peers, company representatives and legislators. The best way to preserve your professional integrity is to stay involved with the Professional Insurance Agents Association. As a member of the Board of Directors, I can attest to the fact that the focus of the PIAW President Jeff Glass, Board of Directors, Executive Vice President (Rock Star of Insurance Exec VP’s nationwide) Ron VonHaden, committee volunteers and the entire staff at the PIAW office in Madison is dedicated to helping agents maintain their status as a preferred source for insurance product and knowledge. Don’t miss out on a great opportunity to keep our industry, association and your agency a vital commodity—get involved in the Professional Agents Association. How about a Rick's Riddle? What question can you ask different people all throughout the day, get different answers and all be right? Find the answer at www.piaw.org.


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NOVEMBER 13 7


OCI Administrative

Actions Ted Nickel — Commissioner of the Office of Insurance

Madison, WI—OCI has taken the following administrative actions. In many of these cases the respondent denied the allegations but consented to the action taken. Any forfeitures paid in these administrative actions are deposited in the Common School Fund which is administered by the Board of Commissioners of Public Lands. The earnings from this fund are distributed to all public K-12 schools in Wisconsin and are used by school libraries to purchase books. Copies of the administrative action orders may be viewed online at https://ociaccess.oci.wi.gov/OrderInfo/OrdInfo.oci. OCI is responsible for overseeing the operations and marketing of insurance companies and agents in Wisconsin. OCI encourages anyone with a question or a complaint regarding an insurance company or agent to contact the office at this toll-free telephone number: 1-800-236-8517.

Allegations

and

Actions Against Agents

Khoonthai T. Baccam, 2405 Apache Dr., Madison, WI 53711, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI. Martin Badyna, 16114 Muirfield Dr., Odessa, FL 33556, agreed to pay a forfeiture of $1,000.00, report administrative actions within 30 days, and not submit insurance applications that contain misrepresentations to the insurer. This action was taken based on allegations of failing to report an administrative action taken by the state of Flordia. Thomas E. Behling, W5673 Roberts Rd., Tomahawk, WI 54487, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes. Alicia M. Cantalupo, 415 Lawe St., Green Bay, WI 54301, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and displaying financial irresponsibility as evidenced by unpaid small claims judgments. Valencia J. Clay, 2938 N. 61st St., Milwaukee, WI 53210, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes. Emma Costilla, 700 N. 10th St., Apt. 16, Oostburg, WI 53070, had her application for an insurance license denied for 15 days. This action was taken based on allegations of failing to report an administrative action taken by the state of Wisconsin on a licensing application. Anthony C. Delia, 600 Broadhollow Rd., Ste. 200, Melville, NY 11747, had his application for an insurance license denied. This action was taken based on an administrative

action taken by the state of New York. Christopher Shane Dorman, 200 Heidi Rae Ct., Goldsby, OK 73093, had his insurance license revoked and was ordered to pay a forfeiture of $100. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to report an administrative action taken by the state of West Virginia. Tonya M. Griffin, 301 9th St., Brodhead, WI 53520, was ordered to notify OCI within 30 days of any future money judgments or bankruptcies, notify OCI within 30 days of any future administrative actions, and to have her employment supervised for one year. This action was taken based on allegations of displaying financial irresponsibility. Keith D. Hill, 2440 Mint Thistle Ct., Charlotte, NC 28269, had his insurance license revoked and was ordered to pay a forfeiture of $100. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to disclose a criminal conviction on a licensing application. Natasha A. Johnson, N5547 170th St., Elmwood, WI 54740, had her application for an insurance license denied for 15 days. This action was taken based on allegations of failing to report an administrative action taken by the state of Wisconsin on a licensing application. Tania M. Kundinger, 10388 County Rd. N, Marshfield, WI 54449, had her application for an insurance license denied for 15 days. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application. John Walter Lawson III, 3446 Alabama St., San Diego, CA 92104, had his application for an insurance license denied. This action was taken based on allegations of failing to report administrative actions taken by the states of Missouri [continued on page 10]

88 AUGUST 13 13 NOVEMBER


I realize the importance of political contributions to the future of the Professional Insurance Agents of Wisconsin and our customers. I want to be part of the process leading to success in achieving PIA’s goals in the Wisconsin Legislative arena. Please hold my contribution as a deposit in the PIA Legislative Conduit account to be used at my direction. I understand that I will be contacted in the future, by telephone, email or direct mail, to authorize the use of these contributions. I will be asked to respond with my signature on appropriate authorization forms. Name:___________________________________________________________________________________ (Please Print)

Primary Employer:________________________________________________________________________ (required to disburse any contributions greater than $100, by Wisconsin Law)

Business Address:_____________________________ City:_____________ State:_______ Zip:__________ Home address:________________________________ City:____________ State:_______ Zip:___________ Business phone:______________________________ Home phone:_________________________________ Email address:_____________________________________ Contribution amount:____________________ Credit Card Payment Name on card:_________________________________ Signature:__________________________________ Amount:______________ Card Number:_________________________________ Exp. Date:____________ Billing address on card:_____________________________________________________________________ City

State

Zip

Contributions are NOT tax deductible for income tax purposes. Donations must be made from Personal accounts only. NO Corporate or Business Checks or Credit Cards accepted Return to: PIAW Legislative Conduit Account PIA of Wisconsin, Inc. ● 6401 Odana Rd. ● Madison, WI 53719 Fax: 608-274-8195 ● www.piaw.org ● Email: rvonhaden@piaw.org

NOVEMBER 13 9


OCI Administrative Actions [continued from page 8] and Virginia on a licensing application and failing to respond promptly to inquiries from OCI. Michael C. Leonard, Metlife, 102 Clouter Creek Dr., Charleston, SC 29492, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to report administrative actions taken by the states of Illinois and South Carolina on a licensing application. Donnie Earl Leverette, Jr., 1822 N. Harriman St., Appleton, WI 54911, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose administrative actions taken by the state of Wisconsin on a licensing application, having child support arrearages, having a criminal conviction which may be related to insurance marketing type activities, and failing to respond promptly to inquiries from OCI. Yeleiny V. Luna, 339 Belle Plaine Ave., Gurnee, IL 60031, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide required proof of equivalent resident state licensing. Kevin M. McLellan, 10 Woodridge Ct., Apt. 4, Madison, WI 53704, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and having a criminal conviction which may be substantially related to insurance marketing type conduct. Alden L. Moe, 2600 Stonehaven Dr., P.O. Box 309, Sun Prairie, WI 53590, had his application for an insurance license denied. This action was taken based on allegations of failing to report an administrative action taken by the state of Wisconsin on a licensing application, providing false information on a licensing application, having a termination for cause from an insurance agency, and exhibiting methods and practices in the conduct of business that endanger the public interest. Tahjood H. Mohieldin, 3670 E. Squire Ave., Apt. 4, Cudahy, WI 53110, agreed to a seven-day denial of her insurance license application and agreed to respond promptly to inquiries from OCI. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI.

Wisconsin delinquent taxes. Wendy A. Reeves, 833 S. 75th St., West Allis, WI 53214, had her application for an insurance license denied. This action was taken based on allegations of unpaid civil money judgments, a history of delinquent taxes, and other evidence of financial irresponsibility. Mary T. Rehberg, 2630 Dollar Rd., Green Bay, WI 54311, had her application for an insurance license denied. This action was taken based on allegations of a being involved in a lawsuit involving a business, having a delinquent tax obligation, and failing to respond to inquiries from OCI. David Michael Roasa, 1942 W. Busoni Pl., Phoenix, AZ 85023, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide required proof of equivalent resident state licensing. David Michael Roasa, 1942 W. Busoni Pl., Phoenix, AZ 85023, had his application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI. Christine A. Rodriguez, 123 S. Highland Ave., Apt. 1D6, Ossining, NY 10562, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to provide proof of equivalent resident state licensing. Amy S. Sarbacker, 6519 County Rd. DD, Mineral Point, WI 53565, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI. Darin J. Schubring, P.O. Box 2624, Madison, WI 53701, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes. Theresa A. Tainter, 11615 W. County Rd. CC, Couderay, WI 54828, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes.

Daryl Craig Ostrander, Sr., 3543 Fortingale Dr., Wesley Chapel, FL 33543, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose a termination for cause from an insurance company on a licensing application and making material misrepresentations on a licensing application.

Naly Thao, 1718 Bopf St., Wausau, WI 54401, had her applications for an insurance license denied. These actions were taken based on allegations of failing to report an administrative action taken by the state of Wisconsin on a licensing application, failing to report an income tax delinquency on a licensing application, and providing materially untrue information regarding citizenship on licensing applications.

Joshua James Ostrowski, 4019 Towne Lakes Ave., Apt. 4116, Appleton, WI 54913, had his insurance license revoked. This action was taken based on allegations of failing to pay

Casey J. Tomten, 921 Birch St., La Crescent, MN 55947, had her application for an insurance license denied. This action was taken based on allegations of failing to report an [continued on page 12]

10 NOVEMBER 13


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OCI Administrative Actions [continued from page 10] administrative action taken by the state of Wisconsin on a licensing application and failing to respond promptly to inquiries from OCI.

was taken based on allegations of failing to disclose criminal convictions on a licensing application, failing to submit to a required background check, having a child support arrearage, and failing to respond promptly to inquiries from OCI.

Reginald L. York, 1934 N. 22nd St., Milwaukee, WI 53205, had his application for an insurance license denied. This action

Allegations

and

Actions Against Companies

Administrators for the Professions of Delaware, Inc., One Hollow Ln., Ste. 204, Lake Success, NY 11042, had its insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes.

Germantown Mutual Insurance Company, P.O. Box 1020, Germantown, WI 53022, paid a forfeiture of $1,000.00 and was ordered to cease and desist from issuing improper mid-term cancellations of worker’s compensation policies. This action was taken based on allegations of issuing an improper midterm cancellation or nonrenewal of an insurance policy.

American Fidelity Services, LLC, 10480 Little Patuxent Pkwy., Ste. 400-463, Columbia, MD 21044, was ordered to pay a forfeiture of $1,000.00, was ordered to provide information to OCI, was ordered to reply promptly to all OCI inquiries, and was ordered to cease and desist acting as an unauthorized warranty plan administrator/warrantor. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI and conducting business without proper authority.

Health Exchange Marketplace Agency Corp., 4151 Executive Pkwy., Ste. 210, Westerville, OH 43081, had its application for an insurance license denied. This action was taken based on allegations that the agency name is misleading. Old Republic Insurance Company, P.O. Box 789, Greensburg, PA 15601, paid a forfeiture of $3,000.00. This action was taken based on allegations of failing to file endorsements with OCI.

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Assurance Group, Inc., 5035 Prospect St., High Point, NC ()*234!,-#%./+!0++1234!5)-0+,6!#-!;#%/=!$#%!/20+!)99+66!,#!5)3$!5#-+!5)-0+,67! Pekin Insurance Company, 2505 Court St., Pekin, IL 61558, 27263, had its insurance license revoked. This action was ,@+!)36;+-!26!A#.+-,6#3!A$)3 paid a forfeiture of $1,000.00 and was ordered to cease and taken based on allegations of failing to pay Wisconsin delindesist issuing renewal notices with altered terms. These BC!$#%!)6!#;3+-!;)3,!,#!61+3=!/+66!>5+!#3!)=52326,-)>#3!.%,!9#3>3%+!,#!#;3!,@+! quent taxes. actions were taken based on allegations of failing to deliver a .##0<!,@+!)36;+-!26!A#.+-,6#3!A$)3 Brown & Riding Insurance Services Inc., 317 Heritage Dr., Ste. renewal notice with altered terms at least 60 days prior to the BC!$#%!)6!#;3+-!;)3,!,#!6+//!$#%-!)4+39$<!,@+!)36;+-!26!A#.+-,6#3!A$)3 2, Oxford, MS 38655, has had its application for an insurance renewal date and failing to include a statement of the policyBC!$#%!;)3,!5#-+!9#3626,+39$!23!+)-32346<!239/%=234!1-#?,!6@)-234<!,@+!)36;+-!26! license denied. This action was taken based on allegations of holder’s right to cancel in the renewal notice. A#.+-,6#3!A$)3 failing to respond promptly to inquiries from OCI. Wilson Mutual Insurance Company, P.O. Box 1340, 123!455!26!789!4G2H9?!/2G937:2>!/I4>!B:!789!4>:J93C Everspan Financial Guarantee Corp., One State St. Plaza, 15th Sheboygan, WI 53082, paid a forfeiture of $5,000.00. This ! 10004, paid a forfeiture of $1,000.00. Floor, New York, NY action was taken based on allegations of basing worker’s comD#!?3=!#%,!5#-+!,#=)$<!9)//!E)-$!F%-,#3<!G@2+C!H1+-)>34!HI9+-<!),!JKJLMMKLNOPQ This action was taken based on allegations of failing to compensation policy dividend distributions on the continuation of ply with a previous examination order. the policy.

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14 NOVEMBER 13


CGL

Covered Locations by Craig F. Stanovich, CPCU, CIC, AU Austin & Stanovich Risk Managers, LLC

Everyone has heard this one: the three most important considerations in real estate are location, location, location. While some have observed that whoever lives by this mantra can't count, it seems to me they have missed the point. Location is all important-in real estate. Does location hold the same importance in today's CGL policy? Let's take a look.

I

In the days of yesteryear, before fax machines, e-mail, and cell phones, there once was a general liability policy known by it's acronym of OL&T. For those who remember carbon paper (how many youngsters using e-mail realize that "cc" stands for carbon copy?), you may also remember that the initials stood for owners, landlords, and tenants. You guessed it-a general liability policy intended for use by owners of property, including those who are landlords and those who are tenants. So why the history lesson? In the OL&T policy, location was of critical importance. Liability coverage only applied if bodily injury or property damage arose out of the "the ownership, maintenance or use of the insured premises and all operations necessary or incidental thereto." To have the honor of being an "insured premises," the location had to be designated on the declarations for coverage to apply. Put another way, coverage did not apply to locations not listed. In the OL&T policy, location was indeed all important. And it seems a few in our business somehow have not forgotten the restrictiveness of the OL&T when they interpret today's CGL policy.

Commercial General Liabilit y Policy There is no location restriction written into today's CGL, without endorsements added. Of course, an insurance company can amend the CGL to add the Limitation to Designated Premises Endorsement, which requires the bodily injury, property damage, or personal and advertising injury to "arise out of the ownership, maintenance or use of the premises shown in the Schedule and operations

necessary or incidental to those premises." This is just about the same location restriction as the OL&T.

CGL Decl arations Page It is worth noting that the CGL Declarations Page (CG DS 01 10 01) does contain a section to list "All Premises You Own, Rent or Occupy." This list should accurately reflect premises a named insured owns, rents, or occupies. But if the location schedule is wrong, does this negate coverage for claims that may arise from the missing location?

Representations Condition The commercial general liability Conditions section does contain a short, seemingly innocuous clause entitled "Representations." The essence of this condition is that the named insureds understand that the Declarations Page is based on representations made to the insurer and that the insurance company has relied on these representations, which the named insureds agree are complete and accurate when they accept the policy. Does this mean that not listing a location or locations will automatically result in no coverage for injury or damage that arises out of the undisclosed location? Not necessarily.

Misrepresentations For an insurance company to be able to deny coverage because of a misrepresentation, the misrepresentation has to be a fact that is material. Although it varies by jurisdiction (state statutes may apply), material usually means the [continued on page 16] NOVEMBER 13 15


CGL Covered Locations [continued from page 15]

insurance company would have acted differently if the fact was known. Materiality is usually measured by how much, if any, the fact would have influenced the insurance company. For example, if the fact was known previously, might the insurance company have declined to provide coverage or might the insurance company have provided coverage, but with more restrictive policy terms or greater premiums?

list of locations. Therefore, the denial of coverage in the above example cannot be approached by the insurer as if they were citing a policy exclusion. Instead, an allegation by the insurance company of material misrepresentation in a CGL policy as a reason for claim denial is a contention not that the policy does not provide coverage (in this case, it does), rather it is a contention that the policy does not legally exist!

Of course, what the insurance company says they would have done is not the sole factor-in most cases, the insurance company would have to demonstrate that their underwriting action would be applied to similar accounts (and not just to the policyholder whose loss they don't want to pay). Underwriting guides or rating plans are often used to illustrate standard underwriting policies. By contrast, if the policyholder said the building was black, but it was really grey, it is unlikely any court would find this to be a material fact.

Refusing to pay an otherwise covered CGL claim because of material misrepresentation is a big deal. An insurance company that takes this position is (whether it knows it or not) attempting to void the CGL policy. The insurer is claiming that, during the formation of the contract, important factual information was falsely represented by the insured and further the insurer would not have agreed had it known the true facts.

Location as a Material Fact Could an insurance company justifiably consider failure to provide a complete and accurate list of locations to be a misrepresentation of a material fact? It is certainly possibleprovided the insurance company can demonstrate it would have acted differently had it known. For example, assume a business is looking to purchase CGL coverage from a certain insurer, but knows the insurer will not write locations in a specific state because it is an oftmentioned "judicial hellhole." To obtain the coverage, the business decides to omit from the application the locations in that state. This type of misrepresentation is probably fraud: an intent to deceive calculated to induce the insurance company to provide coverage that the insurance company would not otherwise provide. Courts would likely consider such a misrepresentation legitimate grounds to void the CGL policy, relieving the insurer of any obligation to pay claims. However, careless or even innocent mistakes in providing information to the insurance company when applying for coverage may have the same effect. Some courts might find the policyholder has engaged in material misrepresentation, using the same or similar measures of materiality.

At Time of Loss Usually the issue of misrepresentation arises when a claim or suit is filed against an insured on the CGL. For instance, an injury occurs at a location the named insured owns that is located in a "judicial hellhole" state, but the location is not listed on the Declarations. The insurance company looks at the Declarations Page, sees the location is not listed, and denies coverage.

The Insurance Company's Remedy As mentioned earlier, the CGL policy wording does not restrict coverage to a location, despite the Declarations Page 16 NOVEMBER 13

Put another way, the insurance company is stating that there was never a "meeting of the minds" and the contract-in this case, the CGL policy-cannot be enforced against the insurer and is a legal "nullity." Some jurisdictions require the insurer to obtain a court ruling to void a policy and further require the insurer to tender the entire annual premium to the insured. Failure to return the premium may be considered a waiver of the insurance company's right (presuming they have such a right) to void the policy. It is also important to keep in mind that the CGL is valid unless and until the material misrepresentation is properly demonstrated and the policy is voided. For example, the insurer may have to continue to defend the insured against a suit until the policy is found to be void.

Location, Location, Location How does this relate to coverage on the unendorsed CGL policy for locations not on the Declarations Page? Coverage exists for any location (within the policy territory) of the named insured, whether or not listed on the CGL Declarations, unless the insurance company can demonstrate material misrepresentation and moves to void the policy.

A Somewhat Made-up Story A national insurer (licensed in all 50 states) is told during the CGL policy period that its named insured is going to open a location in another state. The insurer does not like that state and informs the CGL policyholder it has no coverage for claims at the new location. The national insurer's CGL policy contains no endorsement that limits coverage to listed locations. The policyholder continues on and begins operations at the new location. Should the policyholder pursue CGL coverage with another insurer for that location? If an injury occurs at the new location, can the national insurer move for material misrepresentation and successfully deny coverage under their policy?


The short answer is, "No." The CGL insurer is providing coverage for the new location, whether it admits it or not. First, no misrepresentation was made-the policyholder provided the insurer with accurate factual information: a location in another state. Second, while the situation changed for the insurer, the changes occurred after the policy was provided. Claims of misrepresentation of a material fact are usually made at the time of policy formation. This is reinforced by the Representations Condition of the CGL, which states the insurer has issued the policy in reliance on the named insured's representations. As the policy was already issued when the named insured announced the new location, the Representations condition does not apply to locations acquired during the policy period. Can the national insurer now amend the CGL policy mid-term to exclude the unwanted location from the policy? The answer is usually that it cannot-insurance policies cannot normally be unilaterally changed; policy changes require the consent of both parties.

AIA

Conclusion An unendorsed commercial general liability policy is neither location nor state specific; unlike the old OL&T policy, there is no location restriction within the policy wording. Although coverage can be reduced by various endorsements, the CGL is subject to its actual terms and conditions, including the policy territory. Nonetheless, a policyholder should carefully obtain information about their operations, locations, and activities and provide it to their insurer (or the insurer's agent) regularly. Although denial of an otherwise covered CGL claim based on material misrepresentation is not as easy as citing a policy exclusion, insurers have successfully voided CGL policies. n Craig F. Stanovich is co-founder and principal of Austin & Stanovich Risk Managers, LLC, a risk management and insurance advisory consulting firm specializing in all aspects of commercial insurance and risk management, providing risk management and insurance solutions, not insurance sales. Services include fee based "rent-arisk manager" outsourcing, expert witness and litigation support and technical/educational support to insurance companies, agents and brokers. Email at cstanovich@austinstanovich.com. Website www.austinstanovich.com.

However, the insurer does, subject to state statute, have a right to cancel the policy with the appropriate advance written notice to the first named insured. When confronted with a notice of This article was first published on IRMI.com and is reproduced cancellation, the policyholder may then agree to a reduction in with permission. Copyright 2004, International Risk Management coverage, as excluding a location from thePC policy. Institute, Tired PCsuch BACK 11_9_11:AIA 02.10.10 BACK 11/16/11 1:35 Inc. PMwww.IRMI.com Page 1

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NOVEMBER 13 19


Agent's Questions About

Errors & Omissions and how E&O losses can be prevented. Q

By Mary LaPorte, CPCU, CIC, LIC, CPIA We are a smaller agency and do not have a claim department. Each of the CSRs in the office are responsible for taking claim information and forwarding new claims to the carrier. Because this is not my main responsibility, I sometimes feel that I may not be handling claims correctly, or missing important information. I don’t want to be the cause of an E&O claim for the agency. Do you have any suggestions to help us avoid pitfalls in this area? Patricia, South Dakota

A

Patricia, what a good question! It isn’t only in smaller agencies that the claim responsibiilties often fall on the CSR, and many CSRs do not get any training in handling the claims, other than how to report them to the carrier. If your agency does not have written procedures for handling claims, you may find yourself in situations where you are not sure how to proceed. For most insureds, this is the reason they have purchased insurance from you in the first place, and a claim handled smoothly can make the difference in your relationship with that client in the future and the retention of that business. Here is a checklist of areas that should be addressed. If you currently do not have written procedures, go ahead and copy these points or adapt them for your agency purposes. If you do have written claim procedures, you can use this as a guideline to edit your procedures, assuring that all areas are addressed.

and liability losses, so that you don’t forget critical information. • Advise the insured what their responsibilities are in the policy. These are very basic: If something is stolen, report it to the police. If property is damaged, protect it from further damage. In liability situations, do not admit negligence to anyone. • Advise the insured what to expect. When should they hear from an adjuster? What should they do in the meantime to expedite the process? Help them feel comfortable that they can contact you if they have not heard from an adjuster within a reasonable period of time. They may be new to the claim process and may not know what to expect. • If it is your agency procedure to follow-up with claims, then create a suspense to follow-up in a reasonable period of time. Understand what management expects of you in this area. Some agencies follow all claims to their conclusion. Others will only follow-up to assure that a claim number and adjuster has been assigned. Regardless of your agency requirement, always follow up on suit papers (summons & compliant). Give these documents priority handling and make sure that the carrier acknowledges their receipt.

• Never deny or acknowledge coverage in a claim situation. Except for the most basic claims (like a broken windshield or towing claim), refer all coverage questions to the carrier.

• In the event of serious liability claims, remember to notify excess or umbrella carriers of the loss. Management may want to create a guideline of when this is appropriate.

• Once a claim is reported to the agency, it should be reported to the carrier. If the insured starts out with a statement like: “I don’t want to make a claim, but….”….. stop them immediately and explain that if you become aware of the claim, that you will need to report it to the carrier. Offer them advice, education for a specific situation to help them decide if they want to proceed. There are certain claims that you should encourage the insured to always report which could affect coverage later if not reported immediately, such as under a claims-made policy or employee dishonesty coverage form.

• Don’t forget to protect private information. Do not give coverage or protected information to unauthorized individuals, such as claimants, insurers for other parties, attorneys, etc. When in doubt, refer these questions to the carrier.

• Take detailed information. It is helpful if you can fill in the Notice of Loss form as you take the information. If you are more comfortable writing the information down, develop a simple form to use for property, auto 20 NOVEMBER 13

Many of the areas above can be expounded upon to meet the standards in your agency. I hope you find this helpful. The most important point is to be there for your customer at this time of need. What we sell our customer is coverage at the time of a loss and when it all comes together, it’s a beautiful thing! n Mary LaPorte is a consultant and educator with a strong background in Errors & Omissions loss prevention. Forward your E&O questions to marylp@lpinsuranceconsult.com. ã 2012 LaPorte Consulting, LLC. All Rights Reserved


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December 3 December 4

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CISR Elite: The Designation That Grows With Commitment It is now possible for CISRs to keep their commitment to continuing education and earn the highest recognition—CISR Elite. By taking and passing nine CISR courses—in class or online, they will be honored with the prestigious new status. In addition to a well-rounded education, they will be publically recognized at a conferment ceremony and presented with a CISR Elite pin and a special certificate symbolizing their achievement. The National Alliance will provide designees with a news release template and the CISR Elite logo so clients (and prospects) will know they have gone well beyond the minimum continuing education requirements. Obtaining the status of CISR Elite is evidence of commitment to the agency, the client, and the participant’s personal growth. Earning CISR Elite: — represents increased specialized knowledge — increases earning power — enhances professional status — creates more value for your agency or company When the CISR Program was new there were only five courses to choose from to earn the designation. Today, there are nine courses to choose from, allowing participants to focus on Commercial Lines or Personal Lines. In addition to the Personal Auto, Personal Residential, Commercial Property, Commercial Casualty, and Agency Operations courses, the new CISR courses are: — Commercial Casualty II – BAP, WC, Excess Liability — Personal Lines – Miscellaneous — Life & Health Essentials — Elements of Risk Management It takes 5 passed courses to earn the CISR designation and now committed individuals can take it a step higher to earn CISR Elite. By attending annual updates, a current CISR can earn update credit, state CE credit, and credit towards earning CISR Elite. All CISR courses provide practical information about insurance policies and coverages that can be applied immediately. Each is taught by a seasoned faculty member that has been vetted and approved by The National Alliance. They assist participants in understanding every concept. Even if taking the courses online, an online mentor is available to help candidates have the best possible learning experience. For CISRs planning their future career paths, CISR Elite will offer a practical and distinguished choice. For more information call PIA at 1-800-261-7429.

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Certified Insurance Counselor Each Approved for 20 Wisconsin CE Credits COMMERCIAL PROPERTY

personal lines

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Register at www.piaw.org or call 1-800-261-7429


{

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Attention Utica E&O Policy Holders:

For these prices, you can bet the top doesn't unscrew! If your idea of a "good" bottle of wine comes from Two Buck Chuck, you may be in for a surprise when you want to impress your date, spouse, or boss with something special. If you're looking for the best bottle of wine available, brace yourself. Here's a guide to some of the most expensive bottles of vino in the world: • Chateau Margaux $661 • Screaming Eagle Cabernet 2006 $1,895 • Chateau Le Pin $2,088 • Le Mentrachet $23,939 • Romanee Conti 1990 $28,112 • Chateau Moutor Rothschild 1945 $114,614 And, if you want to read a really sad story, consider the fate of a bottle of Chateau Margaux 1787, bearing the initials of Thomas Jefferson. According to a story in Forbes magazine, in 1989 a wine merchant placed it up for auction, asking for a starting bid of $500,000. When no one made an offer, he took it along to dinner with friends at a fancy restaurant. At the end of the evening, with the bottle of wine on display, a waiter carrying a coffee tray bumped the table, knocking the Chateau Margaux over and breaking it. Luckily, the bottle was insured. What happened to the water isn't known.

The following PIAW education classes are approved for Utica’s premium discount. Please contact Darcy at PIA for details. 1-800-261-7429 or dbrown@piaw.org • Any CIC Update • CIC Agency Management • CISR Agency Operations • Dynamics of Service • PIAW Ethics and E&O Seminars • PIAW Conducted In-House Seminars

Education Schedule: www.piaw.org or 1-800-261-7429

Through a new partnership with Vertafore, PIAW is offering FREE access to Sircon online licensing and continuing education management services. Login to: www.piaw.org and get started today! USING SIRCON SERVICES, YOU CAN: • APPLY FOR A LICENSE • RENEW YOUR LICENSE • LOOK UP AVAILABLE COURSES • CHECK LICENSE RENEWAL STATUS • CHECK LICENSE APPLICATION STATUS • REQUEST A LETTER OF CERTIFICATION CERTIFI • UPDATE YOUR NAME OR ADDRESS • FIND YOUR LICENSE NUMBER/NPN • CHECK YOUR STATUS WITH A STATE • MAINTAIN YOUR FIRM ASSOCIATION • UPDATE YOUR ADDRESS • UPDATE YOUR EMAIL ADDRESS • PRINT YOUR LICENSE © 2011 Vertafore, Inc. Vertafore, the Vertafore logo and design, Unleash your potential, and the Vertafore trademarks listed are owned by Vertafore, Inc.

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Congratulations to the New

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(left to right) David VandenOever, Michael Haeger, Daniel Burns, Daniel Wolfgram, Julie Ulset, Cynthia Burns, Paul Fredrickson, Michelle Rank, Michael Burkhardt, Sandra Hardrath, Amanda Mussehl, Sara Mohrbacher, Bradley Zellmer, Becky Lathrop 26 NOVEMBER 13

Visit www.piaw.org or call 1-800-261-7429 for more information.


WISCONSIN PIA IS A PROUD SPONSOR OF THE CPIA DESIGNATION PROGRAM The PIA of Wisconsin is a proud sponsor of the Certified Professional Insurance Agent (CPIA) professional designation program. The CPIA designation is comprised of a series of Insurance Success Seminars. These three, one-day workshops teach practical "before", "during", and "after" the sale techniques for insurance producers, sales managers, account managers and company marketing representatives. Participants leave with ideas that will produce increased sales results immediately. In fact, The Insurance Success Seminars are guaranteed: Implement the principles covered in these sessions and experience a 20% increase in personal production within six months, or your registration fee will be refunded! To maintain the CPIA designation: fulfill a bi-annual update by attending one of the core Insurance Success Seminars, an Advanced Insurance Success Seminar, a Pro-to-Pro Retreat, or maintain an active Level 2 or Level 3 membership in the AIMS Society. The CPIA designation is approved by Utica Mutual as part of the premium discount program. 

3/12/14 Advanced Commercial Lines Risk Analysis for E&O Loss Prevention - Wauwatosa (7 WI CE) This seminar is open to anyone, approved for the Utica Discount, and a CPIA update option.

The AIMS Society is a national organization dedicated to providing interactive marketing and sales training, ongoing resources and networking opportunities to insurance professionals. www .aimssociety.org You can attend the CPIA courses in any order. No Test. Approved for 7 Wisconsin CE credits. CPIA 1 - Position for Success

CPIA 2 - Implement for Success

CPIA 3 - Sustain Success

During this program, participants are encouraged to focus on internal and external factors affecting the development of effective business development plans. Factors discussed include a review of the state of the insurance marketplace; analysis of competitive pressures; necessary insurance carrier underwriting criteria; and consumer expectations and understanding.

During this session participants will be provided with specific tools for analyzing consumer needs; will learn to utilize risk identification techniques to gather pertinent prospect information; will develop skills necessary to assimilate information gathered into a customized protection program; and will participate in exercises designed to promote effective delivery of proven solutions.

This program focuses on fulfilling the implied promises contained in the insuring agreement. Students will review methods of providing evidence of insurance coverage; will discuss policies and procedures for controlling errors and omissions including policy review and delivery, endorsements, claims-processing, and handling of client complaints. This course includes a review of the Professional Expectations; the Law of Agency; and Legal and Ethical Standards.

CPIA 1 – March 13, 2014 Wisconsin Mutual Insurance Madison, WI

CPIA 2 – August 21, 2014 Radisson Paper Valley Appleton, WI

CPIA 3 – October 9, 2014 Kelmann Restoration Wauwatosa, WI

Course Schedule 8:30 – 4:00 Lunch On Your Own 12:00 – 12:45 Registration Fee per Seminar: Includes Materials, Coffee in the a.m. & Soda in the p.m.  PIAW Member $155.00  Non Member $190.00

Register at www.piaw.org or call PIA at 1-800-261-7429 NOVEMBER 13 27


Work With Intention

28 NOVEMBER 13


3

The

Components

of Performance Time by Brian Moran

Everything you want to accomplish in life requires an investment of your time, so when you want to improve your results, you must consider the fact that your supply of time is limited.

E

Even in this era of innovation and technological advancement, time, more than any other resource, is the limiting factor. Let’s face it, everything requires time. It is the one truly universal condition. Even more vexing is the fact that the supply of time is completely inelastic. No matter the magnitude of demand, the supply is fixed. Moreover, it’s perishable. And yet, time is perhaps the most squandered of all personal resources. To become great, you must choose to allocate your time to your greatest opportunities. You will have to choose to spend time on the difficult things that create your biggest payoffs. To be great you will need to live with intention. This will require you to be clear on what matters most, and then to have the courage to say no to things that distract you. You will need to guard your time intensely, delegating or eliminating everything possible that is not one of your strengths or does not help you advance your goals. To be your best, you must intentionally align your time and activities with your strengths and your unique capabilities. When you do, you will also experience a new and everincreasing level of performance and satisfaction. To achieve this level of performance will require that you carve out time for the strategic—those actions that are important, but not necessarily urgent. Strategic activities don’t typically have an immediate payback, yet they create substantial returns in the future. To stay focused on your strengths, you will need to manage your interruptions and keep the low-payoff activities to a minimum. In spite of the priceless value of time, many people engage each day on its own terms. In other words, they satisfy the various demands of the day as they are presented; spending whatever time is needed to respond without giving much thought as to the relative value of the activity. This is a reactive approach in which the day is controlling you thus preventing you from performing at your best.

Time Blocking The key to successful time use— intentional time use—is not trying to eliminate these unplanned interruptions, but instead to block out regular time each week dedicated to the strategically important tasks. We call this Performance Time and find that it is the best approach to effectively allocating time that we have ever encountered. Performance Time is an easy-to-use system that allows you to operate like the CEO of your business and life by spending your most valuable asset—your time—with intention. It utilizes a simple timeblocking system to regain control of your day and maximize your effectiveness. There are three primary components of Performance Time: strategic blocks, buffer blocks, and breakout blocks.

STRATEGIC BLOCK A Strategic Block is a 3-hour block of uninterrupted time that is scheduled in advance. During theses blocks you accept no phone calls, no faxes, no e-mails, no visitors - no mental interruptions. You focus all your energies on the preplanned items - the strategic and money-making activities. Doing so concentrates your intellect and creativity and produces breakthrough results. You will be astounded by the quantity and quality of the work you produce. For most people, one strategic block per week is sufficient.

BUFFER BLOCK Buffer Blocks are created to deal with all of the unplanned and low-value activities—like most email and voicemail— that arise throughout a typical day. Almost nothing is more unproductive and frustrating than dealing with constant interruptions, yet we’ve all had days when unplanned items dominated our time. A Buffer Block allows you to take what would otherwise be inefficient activity and make it more productive by grouping it together. In this way you can handle each [continued on page 30] NOVEMBER 13 29


Components of Performance . . . [continued from page 29] item expeditiously and move through the list with some momentum. This allows you to stay focused throughout the day on the important activities. For some, one 30-minute buffer block a day is sufficient, while for others, two separate one-hour blocks may be necessary. The power of buffer blocks comes from grouping together activities that tend to be unproductive so that you can increase your efficiency in dealing with them and take greater control over the rest of your day.

BREAK-OUT BLOCK One of the key factors contributing to performance plateaus is the absence of free time. So often, entrepreneurs and professionals get caught up in working longer and harder. This approach is an energy and enthusiasm killer. To achieve greater results what’s necessary is not more hours. On the contrary, often it is more free time. A Break-out Block is a minimum 3 hour block of scheduled time that is devoid of any work related activities and thoughts. It is time set aside to rejuvenate and replenish. Use this time for fun. Enjoy the hobbies in your life. Spend time with family and friends. Play golf. Go shopping. Get some exercise. Go fishing, or sailing…whatever you like to do that is non-work related. You need this time to rebuild your reserves and to open yourself up to fresh ideas and perspectives. Benjamin Franklin said, “If we take care of the minutes, the years will take care of themselves.” Everything that we achieve in life happens in the context of time. The reality is that if you are not purposeful about how you spend your time, then you leave your results to

30 NOVEMBER 13

chance. While it’s true that we control our actions and not our outcomes, our results are created by our actions. It stands to reason that the actions that we choose to take throughout our day, ultimately determine our destiny. To realize your potential, you must learn to be more mindful about how you spend your time. Living with clear intention goes against the powerful natural tendency to be reactive because it requires you to organize your life around your priorities and consciously choose those activities that align with your goals and vision. When you use your time intentionally, you waste less of it and spend more of it on your high-value actions. Intentionality is your secret weapon in your war on mediocrity. The key to successful time use is not necessarily in eliminating unplanned interruptions but in regularly blocking out time for the important activities. Just gaining control over a few hours each week often has a dramatic effect. Learn to use your time with greater intention and you will not only be more effective, but you will also feel a greater sense of control, less stress, and increased confidence. Try Time Blocking, it works!

n

Brian Moran, President and Founder of Strategic Breakthroughs, has amassed over thirty years of expertise as an executive, coach and consultant. Brian realized that most people don’t lack ideas but struggle with their effective implementation. His new book, “The 12 Week Year” is a powerful guide to creating results through Focus, Commitment and Accountability! Brian is a recognized expert and speaker in the field of leadership and execution. To learn more about Brian Moran, please visit www.BrianPMoran.com <http://www. BrianPMoran.com>


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PIA SERVICES GROUP INSURANCE FUND

*PIA National membership, when required, must be current at all times. **Only available if 100% employer paid and if the employer and 100% of the employees enroll. No medical underwriting necessary up to guaranteed issue limits.

For additional information about PIA Trust Insurance Plans, please contact your local PIA Affiliate or call the Plan Administrator at 1-800-336-4759. Additional information is also available on-line at www.piatrust.com. Policies or provisions may vary or be unavailable in some states. Policies have exclusions or limitations which may affect any benefits payable. Underwritten by Unimerica Insurance Company, Portland, ME. Administered by Lockton Risk Services.

NOVEMBER 13 31


Choose 5 of 9 to improve your 9 to 5. CISR EDUCATION FOR INSURANCE & RISK MANAGEMENT PROFESSIONALS

It still takes 5 courses to earn a CISR designation but now you have the flexibility of 9 course options. This allows you to focus on what’s important to you. We understand not everyone learns the same way or even at the same pace, so we offer courses in the classroom, online and in-house. Find out how CISR can improve your 9 to 5. Call or visit us on the web today.

• • • • • • • • •

Commercial Casualty I Commercial Casualty II Insuring Commercial Property Insuring Personal Auto Exposures Insuring Personal Residential Property Personal Lines Miscellaneous Agency Operations Elements of Risk Management Life & Health Essentials

www.piaw.org 1-800-261-7429 32 NOVEMBER 13


We Can Help! TESTIMONIAL “I contacted Brenda at PIA looking for training for a new employee. This The Midwest’s Premier Cluster Group particular employee didn’t have a background in insurance. WOW, I got * 100% Retained Ownership everything I needed and more! She walked me through the PIA website where * Increased Markets-Over 30 Represented I found a wealth*of resources. Pre-licensing, online programs for new hires Knowledgeable Support Staff (insurance orientation and coverages) and recommended reading. I didn’t Commercial Assistance - Placement * Increased and More Stable Contingencies realize until now the extent of information available to members of the PIA. * Comparative Rater Provided We found exactly what we needed in a user-friendly format. Thanks to the * Retain 90%through of Commission excellent resources available the PIA we will be more confident when * Reduced Cost of Applied Management System hiring people without an insurance background and know that they can get a * Preferred Agency Contracts great start in our industry.”

Check out our website at www.iaanetwork.com

For more information call Mike Sabourin 866-789-9712 Brenda Glueckstein CIC, CISR

Security Insurance Services, Inc.

O n -L i n e E d u c a t i o n Open to Anyone & Everyone

On-Line educatiOn OppOrtunities thrOugh ! piaW For The NewFEmployee o r T h e(MERG) N e w– no E CE mployee (MERG) - NO CE

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• Commercial Casualty I •Ethics C o m –m4e WI r c iCE al Casualty II • Elements of Risk Management L i f e –& 8 HWIe aCEl t h E s s e n t i a l s CISR•OnLine • Insuring Commercial Property • Insuring • I n s uPersonal r a n c e P eResidential r s o n a l R e sProperty idential Property • Insuring • I n s uPersonal r i n g P e r Auto s o n a lExposures Auto Exposures • Insuring • P e r sCommercial o n a l L i n e s Property Miscellaneous • A g e n c y O p e r a t i o ns • Insuring Commercial Casualty Exposures • W Agency Operations ebinars (Insurance Community Center) • 2-4 WI CE, No Exam

new!

For more information and registration visit www.piaw.org or call (800) 261•7429. MARCH 12 21

NOVEMBER 13 33


34 NOVEMBER 13


Take Your Online Local

Advertising to the Next Level

by Alison Nuanes

Your business probably has a Facebook page, and maybe even a Twitter account, but what about an active local profile, such as on Google+ Local, Yelp, or FourSquare? If you’re not using your local profiles to get customers to “check in” to your establishment and write reviews about your business, you’re missing a large marketing opportunity. In fact, by being active on your online local profiles you have the power to engage, retain, and attract offline customers for little or no cost.

H

Having an active local profile puts your business on the map, literally. For example, a customer can use Yelp or FourSquare to search for nearby restaurants, hair salons, clothing boutiques, etc. If you have a local profile on those sites, your store’s information will appear in the results. People can even opt to get driving directions to your location. And being present on Google+ Local is directly related to Google Maps, which is a very important place for any business to be found. Once at your business, customers can “check in” on certain local platforms such as Yelp, FourSquare, and Facebook, which means they are sharing where they are with their local community. Gaining check-ins gives your business a few valuable benefits. First, it allows you to see exactly who is coming to your business so you know if you are marketing to the right people. Check-ins can also impact your online rankings. The more check-ins you have, the higher your ranking may be. After someone has done business with you, they can also write a review within the local platform. While the idea of public reviews can seem scary to business owners, they really are a great marketing tool. Obviously, good reviews encourage others to do business with you. But even negative reviews can turn positive because you have the opportunity to reach out to the community and correct the negative experience. Often, how you handle and turn around the negative experience carries more weight than the negative review itself.

So while online local profiles can seem like “just one more thing to manage,” they really do have a large business impact and can greatly influence your offline business activity. To make the most of your local online profiles, here are a few key strategies:

1. Claim your listing on the major local platforms: Google+ Local, Yelp, and FourSquare. If you do nothing else, at least claim your listings on the local platforms. Doing so will help your overall online rankings. Notice that the suggestion is to “claim” your listing, not “create” it. Chances are that your business is already listed (even if you never personally created the listing). How? Often, when customers want to check in to a business but can’t find the business listed, they simply create the listing themselves. Google also creates business listings automatically based on information available online. Therefore, do a search for your business on the local platforms. When you find your listing, click the button that says “Is this your business?” and complete the verification process. When you’re verified your business can be ranked higher in searches. You want to be proactive in this process and manage your listing to ensure that the information showing for your establishment is accurate. If you leave the listing claiming and/or creation step to customers, they may misspell the business’s name, mis-categorize it, or include inaccurate [continued on page 36]

NOVEMBER 13 35


Online Local Advertising [continued from page 35] information. If there’s currently no listing for your business, create one.

2. Find out which local pl atforms your customers use most. With your listings created and/or claimed, you can decide which local site(s) to devote your attention to. The best way to decide is to ask customers which sites they use most. If your business is one that has lots of direct interaction between staff and customers, such as a casual dining restaurant, a boutique, a barber shop, etc., encourage your staff to directly ask people. For example, if they notice a customer checking in on their smart phone, they can say, “Oh great, you’re checking in. Which site are you using? We’re trying to decide which site is best and would love to know what you prefer to use.” Likewise, if your staff sees someone taking a photo of their food or an article of clothing, chances are they are going to post it somewhere. Find out where. Engage the customer in conversation, as that’s the best market research you can get. You’ll quickly find that there is a group of people who embrace the culture of journaling their life online via checkins and photo sharing. These people usually feel happy and appreciated when they get asked questions about it or acknowledged for doing so because they’re doing it out of their own interest. So don’t worry about being obtrusive or appearing nosey. If you approach it from the mindset of engaging customers so you can better serve them, they’ll be happy to talk about their online preferences. If your business is one that does not have a lot of personal interaction between staff and customers, you can add a sign reminding customers to check in at your location. Yelp and FourSquare in particular have many marketing items you can get for free, including window stickers and QR codes, to educate and remind people.

3. Watch your local profiles and interact with your customers there. To get the most from your local profile, you need to manage

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it. Train your managers to check the profiles daily or at least once a week to respond to new reviews. If there’s a negative review, you want to immediately reply to the customer to turn the situation around. For example, if a customer writes that they received poor service, apologize for the service, assure them that’s not your company’s culture, and offer them an incentive to return and try you again. When others see how you handled the negative comment, they’ll see it as an isolated incident and not the norm. Conversely, if they see negative reviews with no resolution, they’ll think you don’t really care about customers. Likewise, when you receive positive reviews, thank the person for visiting and encourage them to return. Use it as an opportunity to reinforce your brand and your company’s image in the community.

Small Steps Yield Big Results Using local platforms to engage and interact with customers is a way to influence offline behavior using online channels. For many people, it’s a new way to look at online marketing, especially since it’s not designed to generate online sales. Therefore, you need to view it as one component of a comprehensive promotional strategy. When you embrace online local marketing as a tool to influence offline sales, you’ll reap the rewards of an integrated marketing campaign. n With over 7 years in Internet Marketing, SEO and Social Media Marketing, Allison Nuanes is the Director of Off-Site Promotions at Volume 9 Inc. She focuses on identifying opportunities for brands to expand their footprint online; whether that means leveraging their Facebook community, engaging influential bloggers, or driving foot traffic through online check-ins and local search promotion. Volume 9 creates custom search marketing campaigns for clients, including a mix of SEO, social media, local search marketing and Internet marketing strategy for over 100 clients and 200 managed websites. Allison and Volume 9’s enterprising team leverage search marketing into real bottom line results for their clients’ businesses. For more information, please visit www.volume9inc.com.

Buying happiness? You can't—no matter how hard you try Learning to handle stress without spending money is crucial to your financial health. Here are a few questions to ask yourself to assess whether or not you are a compulsive spender: • Do you hide the things that you buy?

MONEY

• Do you feel great right after you buy something and then feel terrible later? • Do you fill up one credit card with debt and then move on to the next with no plan as to how you are going to pay the debt? • Do you shop to cheer yourself up? • Do you frequently stray from your shopping list or budget? • Do you always use up your savings account—or even fail to have one?

36 NOVEMBER 13


NOVEMBER 13 37


PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC. OFFICERS

DIRECTORS

Mr. Jeff J. Glass, President A.F. Glass Insurance Agency PO Box 1149 Lake Geneva, WI 53147 Phone 262-248-5555 Fax 262-248-5544 jglass@glassinsurancecenter.com

Mr. Thomas Budzisz BWO Insurance Group, LLC 2111 E. Rawson Ave. Oak Creek, WI 53154 Phone 414-768-8100 Fax 414-768-8110 tom@bwoinsurance.com

Ms. LouAnn Herriges, CIC, CISR Vice President Anderson's Insurance Associates 17500 W. Liberty Lane New Berlin, WI 53151 Phone 262-789-8500 Fax 262-754-6038 louannh@iaanetwork.com

Ms. Jodi Cordes, CIC, CRM RC Insurance Services, Inc. 1320 Walnut Ridge Dr. Ste. 200 Hartland, WI 53029 Phone 262-367-8611 Fax 262-367-8529 JCordes@rcinsure.com

Mr. Rick Clements, LUTCF, MDRT Treasurer Clements Ins. Agency, Inc. 317 N. 6th St. Wausau, WI 54402 Phone 715-842-1664 Fax 715-848-3337 rick@clementsagency.com

Mr. Matt Cranney, CIC M3 Insurance Solutions, Inc. 3133 W Beltline Hwy Madison, WI 53713 Phone 608-273-0655 Fax 608-273-7783 matt.cranney@m3ins.com Mr. John W. Klinzing, CIC Affiliated Ins. Agencies of WI, LLC 3830 Atwood Ave. Madison, WI 53714 Phone 608-310-3924 Fax 608-441-8787 johnk@affiliatedllc.com

Mr. Trey Neher, CIC, CISR THZ Insurance Group 420 E. Northland Ave. Appleton, WI 54911 Phone 920-730-0123 Fax 920-833-6870 tneher@thzins.com Ms. Tracy A. Oestreich CIC, AU, CPIA Anderson Ins. Associates, Inc. W177N9856 Rivercrest Dr., Ste. 215 Germantown, WI 53022 Phone 262-789-8500 Fax 262-754-6038 tracyo@iaanetwork.com

Ronald Von Haden, CIC Executive Vice President rvonhaden@piaw.org Darcy Brown Member Benefits Coordinator dbrown@piaw.org Heather Falk, CISR Bookkeeping hfalk@piaw.org Mandy Penn Administrative Assistant mpenn@piaw.org Becca Prestbroten Special Project Coordinator bprestbroten@piaw.org Brenda Steinbach Education & Convention Director bsteinbach@piaw.org

12

Hot Topic/William T. Hold Green Bay (8 WI CE)

13-15

CIC COMMERCIAL PROPERTY Green Bay (20 WI CE)

3, 4

CISR COMMERCIAL CASUALTY 1 Brookfield, Madison (8 WI CE)

11-13

CIC PERSONAL LINES Milwaukee (20 WI CE)

14-16

CIC LIFE & HEALTH Middleton (20 WI CE)

5-7

WINTER GET-AWAY Minocqua (9 WI CE, 3 of 9 Ethics)

12

CISR ELEMENTS OF RISK MANAGEMENT Rothschild (7 WI CE)

13

CISR ELEMENTS OF RISK MANAGEMENT Brookfield (7 WI CE)

18-19

CIC RUBLE GRADUATE SEMINAR West Bend (16 WI CE, 4 of 16 are optional Ethics)

12

ADVANCED COMMERCIAL LINES ANALYSIS FOR E&O PREVENTION Wauwatosa (7 WI CE)

13

CPIA 1 Madison (7 WI CE)

19

CISR COMMERCIAL CASUALTY 2 Madison (7 WI CE)

March 2014

February 2014

April 2014

38 NOVEMBER 13

Ms. Kathy M. Mulder Nolan Insurance Agency LLC PO Box 238 Brandon, WI 53919 Phone 920-346-2241 Fax 920-346-5600 kmulder@nolanins.com

STAFF PIA of Wisconsin, Inc. 6401 Odana Road Madison WI 53719 Phone: 608-274-8188 Toll Free: 800-261-7429 Fax: 608-274-8195 Toll Free Fax: 866-203-7461 www.piaw.org

10 ETHICS Milwaukee (4 WI Ethics CE)

May 2014

Coming Events

January December November 2014 2013 2013

Mr. Brian MacGillis, CPIA Secretary MacGillis Agency, Inc. W3934 County Highway H PO Box 100 Fredonia, WI 53021-0100 Phone 262-790-0000 Fax 262-790-0004 brian@macgillisinsurance.com

Mr. Dennis Kuhnke, CIC, CPIA PIAW National Director Jack C. Loyda & Associates, Ltd. 4414 N. Oakland Ave. Shorewood, WI 53211 Phone 414-332-5150 Fax 414-332-7267 dkuhnke@loyda.com

25 ETHICS Green Bay (4 WI Ethics CE) 26-28

CIC COMMERCIAL CASUALTY Green Bay (20 WI CE)

23, 24

CISR PERSONAL LINES MISCELLANEOUS Brookfield, Madison (7 WI CE)

13-14

CIC RUBLE GRADUATE SEMINAR Middleton (16 WI CE, 4 of 16 are optional Ethics)

15

Hot Topic/William T. Hold Tomah (7 WI CE, 3 of 7 are Ethics)


Have u heard the latest about ACUITY?

YES! Every1 is talking about them : )

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

For All That Matters

facebook.com/acuitywow


6401 Odana Road Madison, WI 53719 Change Service Requested

Professional Insurance Agents of Wisconsin, Inc. 6401 Odana Road • Madison, WI 53719 (608) 274-8188 • (800) 261-PIAW • FAX (608) 274-8195 • TOLL FREE FAX: (866) 203-7461 www.piaw.org

MEMBERSHIP APPLICATION Agency Name_______________________________________________________________________________________________________________ Street Address_______________________________________________ PO Box_______________________________________________________ City, State, Zip_______________________________________________ County_______________________________________________________ Phone_______________________________________________________ FAX_________________________________________________________ E-mail Address_______________________________________________ Website Address______________________________________________

Primary Contact Information:

The Primary Contact will receive a copy of the Wisconsin Professional Agent magazine and all mailings from PIA State and National. The Primary Contact will have voting privileges at both PIA State and National.

Name & Designation

DOB

Gender

Employment Status

Part-time

Magazine

Nat’l Voting

Privilege

o o

Male Female

o o

o

Corporation

Licensed Owner Licensed Producer

INCL INCL

o

Agency Information: Agency Type:o Sole Owner

o

Top 3 P&C Companies (list in order)

Partnership

Other Association affiliated with_____________________________

1)__________________________ 2)__________________________ 3)____________________________

Which Agency Management System are you using____________________ E&O Carrier_______________________________________Exp. Date______________ Annual P&C Prem. Vol._____________________________

Calculate Membership Amount Due:

Part-time employees count as one-half. If count ends in half, drop half. # Owners_________+ # Producers_________+ # Licensed staff_________+ # Unlicensed staff_________= Total Agency Size_______________ DUES SCHEDULE Total Agency Size $Amount Total Agency Size $ Amount 1 335 16 890 2 375 17 930 3 415 18 965 4 450 19 1005 5 490 20 1030 6 525 21 1070 7 570 22 1105 8 605 23 1145 9 640 24 1180 10 675 25 1220 11 710 26 1255 12 750 27 1295 13 780 28 1330 14 815 29 1370 15 855 30 & Over 1400 I certify that the information on this application is true and correct. Signed_______________________________ Dated_______________________

Total Amount from Dues Schedule $_______________ Send:

o

Check

o

MC

o

VISA

o

DIS

o

AMEX

Card No._________________________________________________________ Exp. Date_________________________________________________________ Name as it appears on card:__________________________________________________ Billing address if different from above: __________________________________________________________________ __________________________________________________________________ Payments to PIA are not deductible as charitable contributions for federal income tax purposes. However, they may be deductible under the provisions of the Internal Revenue Code as a business expense.


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