September 2013 WI Professional Agent

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professional agent s ep t em b e r | 2 0 1 3

Wh at’s Inside? Social Media Marketing........14 Estate Planning........................17 Legal Separation......................20 Mulligans in E&O.....................26 Seller Transparency................31 Sales Reps.............................35 Coming Events.. .....................38

Digital Editions of PIAW Magazine Available at

www.piaw.org


2

SEPTEMBER 13


From the

President Jeff Glass — President, PIA of Wisconsin

Thanks You's and Congratulations Are in Order! For those of you that attended this year’s 64th Annual PIAW Convention—you’re smiling right now. How do I know that? Because right now you’re thinking back to the great time we all had attending the convention this year! It was so exciting for me, starting with the YPC golf outing. It’s amazing to see how it has grown into what it is today. A special thanks needs to be given to Wisconsin Mutual and The Hanover Insurance Group. With the gracious support of these two companies, more than a few young kids are getting a leg up on their college dreams…THANK YOU. I also need to thank the whole YPC committee for all the hard work that goes into putting together an industry leading golf outing. Job well done.

Budzisz; Matt Cranney and Jodi Cordes.

Wednesday night’s opening party was all about family, fun and more fun. It’s refreshing seeing so many young families enjoying the food, games, music and boat rides. I believe I even witnessed a few kids pulling on those “one armed bandits”. If laughter and smiles are an indicator, then Wednesday nights party was a huge hit.

over the last five years, I realize how much work goes into

Thursday was an exciting day with an early morning conferment ceremony. A special congratulation goes out to all the new CIC’s, CISR’s and CRM’s who completed all the hard work chasing the final goal. Your commitment to higher education within our industry will pay dividends in your future…CONGRATS. I also want to congratulate the outstanding "CSR of the Year", Lindsey Hamielec of M3 Insurance. Job well done Lindsey.

Lastly, I want to thank the convention committee for all

Continuing Thursday morning, the PIAW held its annual business meeting where we had three new Board of Directors elected to their 1st three year term. I want to welcome aboard the new PIAW Board of Directors, Tom

PIAW Convention, August 6-8, 2014 in Lake Geneva, WI.

Too all the vendors and company partners who took part in this year’s trade show...THANK YOU. It’s your participation and energy that has made the PIAW’s trade show “killer”. Friday morning we had a “Presidents' Round Table” consisting of Rick Ewert (Partners Mutual), Dan Keyes (Wisconsin Mutual), Rick Parks (Society Insurance) and Scott Martin (Pekin Insurance). I personally want to THANK YOU all for taking the time to participate in the round table and sharing your industry prospective and insights. The PIAW Annual Convention is near and dear to my heart. Because of my involvement with the convention committee bringing you the best industry convention second to none. The PIAW is young in spirit, open to new ways, and not stuck in the old paradigms of “same old/same old”. If you haven’t been to a PIAW Annual Convention, you’re really missing out on a great opportunity. their hard work; the PIAW staff—Brenda, Becca, Mandy, Darcy and Ron; past President Tracy and everyone else who worked very hard behind the scenes to make the 64th Annual PIAW Convention a huge success. Please mark your calendars for two more fantastic PIAW events coming this next year—The “Midwinter Get Away”, February 5-7, 2014 in Minocqua, WI and the 65th Annual Cheers J.J. Glass

www.sheboyganfallsinsurance.com

SEPTEMBER 13 3


Memos from

Madison

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

ACA Webinar THE AFFORDABLE CARE ACT aka Obamacare: like it, hate it, don’t know, don’t care! Your opinion about ACA really does not matter. It’s the law and it will be implemented because the political reality is that Congress does not have the ability to overturn it. The implementation procedures, rules and interpretations seem to change weekly, if not more frequently.

In fact, our lobbying team on this issue, Mike Becker and Julia Domagalski, are so highly regarded that HHS has asked PIA to facilitate another webinar to update PIA members on ACA. This is the second (and completely different) webinar that HHS has asked PIA to facilitate. We are extremely proud that PIA was selected to present this information to the agent community.

PIA’s talented lobbying staff is the most respected agent advocate in the country and has been intricately involved with the U. S. Department of Health and Human Services (HHS) to bring information and clarity to agents and consumers.

You need to be aware of the latest details of the ACA…it is important to you and your clients. Here are the details of the upcoming webinar:

Registration Instructions for the September 27 th PIA/HHS Webinar at 1:00 p.m. Eastern

Interested in learning more about the Affordable Care Act? Want to learn about agent registration and training? The U.S. Department of Health and Human Services (HHS) will be conducting a FREE, live webinar for PIA members on September 27th. Not only will HHS take your questions, but this agent-focused webinar will cover an array of topics including registration, training, and individual and group enrollment.

Who: PIA, HHS, and YOU! This information will be applicable to Federal Exchanges. What: An hour and a half webinar (non-CE) that will cover: • Federally-facilitated Marketplace and Federally-facilitated SHOP registration: Identity Proofing and Obtaining a user ID • Online Training and Testing • Pathways for application and enrollment of individuals, employers, and employees in the Federally-facilitated Marketplaces and Federally-facilitated SHOP When: Friday, September 27th from 1:00 p.m. EDT – 2:30 p.m. EDT. Put it on your calendar now! How: Registration is now open and can be completed in 2-3 minutes by following the 8 steps below. act now! Registration will close on September 26 th at 1:00 p.m. Eastern. 1

Visit www.regtap.info

2

Select “Register as a New User”

**If you already have a username and password from a previous training session, login and skip to step 4**

• If the registration system asks you to “describe your affiliation” under the email line, please put “PIA

Member” in the box under the red text

• Please select Agents and Brokers as “Organization Type”

3 Once submitted and your registration is instantly confirmed via email, login into www.regtap.info using your newly

created email/password login

4 **Select “Training Events” 5 Select the magnifying glass next to “Agent Broker Participation in the Federally-facilitated Marketplaces”

• (Date: 08/16/2013 - 09/27/2013) 6

In the upper right-hand corner, please enter the following PIA Member Registration Code: • ABTR6789 and click “submit”

In the same upper right-hand corner location now click "Regiser Me" 8 Checkmark the top box and click “submit” on the final page and you will be emailed a link to the actual webinar, 7

which will begin on September 27th at 1:00pm EDT

AND REMEMBER …..A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. 4 SEPTEMBER 13

Winston Churchill


SEPTEMBER 13 5


From the

Boardroom Kathy Mulder, Nolan Insurance Agency LLC — Director, PIA of Wisconsin

Would You Want to do Business with Your Agency? As a consumer, what gets your blood boiling or better

Do you think clients have changed much over the years, I

yet what excites you? When you think of an outstanding

don’t believe so. In the 23 years I have been in the insurance

customer experience what place comes to mind?

industry there has been one constant; people still want the

I believe consumers are universal—we don’t want to wait, we want to be heard, we want to know that we matter and we also want to know that whoever is helping us has an idea

best customer service. Customer service comes in many forms. In the past, quick customer service was determined by how fast I could locate their paper file and now it is how fast

of what they are talking about.

can we email them their I.D. card or Certificate of Insurance.

Do you get a high digging through the clearance bin at

customer on hold? Most consumers do not want to even call

Cabela’s and finding that hidden treasure? Doesn’t it feel like Kohl’s is practically paying you to shop and when you peel off the sticker and find the 30% you know it is going to be a good day. As soon as JCP came out with their advertising

Can you answer the billing question without putting the you; they want to communicate through text or email. The customer wants 24 hour service, they want it fast, accurate and they want it now.

campaign of “no more coupons and no more sales”, it was

Do you view the up-and-coming insurance agents as a

doomed.

threat or do you welcome them and encourage their efforts.

How do you relate this thought process to your insurance agency? Is it even possible to generate this type of excitement when someone thinks of your insurance agency? What would get an insured excited about your agency, what can we offer that would keep a customer coming back? Have you ever gone through a drive-through to order a hamburger, fries

Do you think of them as numbers and do they think of you as someone who is just taking up space. The younger generation can teach us so much; take time to listen to what they feel constitutes good customer service. Remember consumers come in all ages and we as agencies need to continually evolve and meet the needs of ALL generations.

and a drink and that wonderful person said, “if you put that

I encourage you to email your staff and ask them for

into a number three, it will cost less”—FANTASTIC, they

examples of a recent outstanding customer service experience.

were looking out for you, or were they? Were they just cross

Some may say ” they know me by name”, others may say

selling or bundling their product? I feel they are providing the

“they had the answer or said they would get back to me”,

customer service that we all crave and keep us coming back.

another one may say ”I did not have to wait”. Take the

When you walk into a bar and the bartender knows your drink, (granted, you may have a problem) they are providing

responses and correlate them back to your agency. How can you improve your client’s consumer experience?

the hook to keep you coming back. What is your agency’s

Sincerely – Kathy Mulder - Nolan Insurance Agency, LLC –

hook? Does your agency need a hook?

kmulder@nolanins.com

6 SEPTEMBER 13


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 AUGUST 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

Ned A. Bartels, 1664 Tonya Tr., Neenah, WI 54956, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Ned A. Bartels, 1664 Tonya Tr., Neenah, WI 54956, had his application for an insurance license denied. This action was taken based on allegations of failing to pay child support, owing delinquent taxes, having unpaid civil money judgments, and failing to respond to OCI. Brent Lee Beasley, 3010 Stillcrest Ln., Indianapolis, IN 46217, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose an administrative action taken by the state of Wisconsin on a licensing application. Thomas R. Block, 4530 Mallory Cir., Madison, WI 53704, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Scott M. Bonovich, 720 Melissa St., Menasha, WI 54952, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Warren Matthew Carter, 10205 Stonebrook Dr., Sanford, FL 32773, had his application for an insurance license denied for 15 days. This action was taken based on allegations of failing to disclose an administrative action taken by the state of Arkansas on a licensing application. Richard M. Faber, 2016 Schroeder Ln., Green Bay, WI 54303, 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 complete the digital fingerprinting required for licensure. Glen R. Giroux, 16139 80th Ave., Chippewa Falls, WI 54729,

agreed to pay a forfeiture of $1,000.00 and agreed to report to OCI any administrative action taken in any state. These actions were taken based on allegations of failing to disclose administrative actions taken by the states of Missouri and Wisconsin on a licensing application. Robert J. Griffin, 1015 Greenleaf St., Evanston, IL 60202, agreed to pay a forfeiture of $3,000.00. This action was taken based on allegations of failing to report an administrative action to OCI taken by FINRA. Brad William Halliday, 3475 Piedmont Rd. NE, Ste. 800, Atlanta, GA, 30305, 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 evidence of resident licensure. Mara A. Hanson, 225 S. 3rd St., River Falls, WI 54022, 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 apply for licensure within 30 days of completing an insurance examination. Harold E. Harding Tre, 14123 Denver W. Pkwy., Golden, CO 80401, had his application for an insurance license denied. This action was taken based on allegations of having criminal convictions and failing to appear at an administrative hearing. Steven M. Haukedahl, 1510 Sharp Rd., Waterford, WI 53185, was ordered to pay a forfeiture of $100.00, was ordered to provide information requested by OCI, and was ordered to reply promptly in writing to all inquiries from OCI. These actions were taken based on allegations of failing to respond promptly to inquiries from OCI. [continued on page 10]

8 13 13 8 AUGUST SEPTEMBER


Your customers deserve a

Silver Lining.

®

When something happens to your customer’s home, car, or business, it may not be a disaster. But no matter what it is, your customers always deserve fast and fair service from their insurance company. West Bend provides a Silver Lining, no matter what the claim may be. When a tornado in Eagle, Wisconsin cut the power at the Hen House Café, helping Mary get temporary power to the café and cleaning up water damage were important. So that’s just what we did. Sometimes little things mean a lot. And every day, when something bad happens to someone, West Bend makes sure your customers experience the Silver Lining. Because the worst brings out our best.®

SEPTEMBER 13 9


OCI Administrative Actions [continued from page 8] Michael Paul Ippolito, 9 Misty Ct., South Hadley, MA 01075, had his insurance license revoked. This action was taken based on allegations of failing to timely notify OCI of administrative actions taken by the states of Washington, Rhode Island, Delaware, Nebraska, Indiana, North Dakota, Vermont, Kentucky, Texas, Maine, South Carolina, California, Idaho, South Dakota, Arkansas, Connecticut, and Kansas. Shawn G. Jackson, 529 State Farm Rd., Deerfield, WI 53531, had his application for an insurance license denied. This action was taken based on allegations of having an unpaid civil money judgment. Brian Wilson James, 2100 Corporate Center Dr., Newbury Park, CA 91320, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose an administrative action taken by the state of California on a licensing application. Jeffrey M. Jarnigo, 9043 271st Ave., Salem, WI 53168, agreed to have his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application, failing to respond to OCI, and being involved in a civil lawsuit. W. Brian Kelly, 3713 Via Pacifica Walk, Oxnard, CA 93035, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose administrative actions taken by the states of Colorado and California on a licensing application. Angela M. Krueger, 1801 W. Pershing St., Apt. 603, Appleton, WI 54914, had her application for an insurance license denied. This action was taken based on allegations of failing to respond to inquiries from OCI, completing prelicensing education after completing the insurance examination, and failing to retake the required examination. Kelly S. Lamia, 1925 Nates Ct., Neenah, WI 54956, had her application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application. Bonnie K. Little, N8595 Big Lake Rd., Gresham, WI 54128, had her application for an insurance license denied. This action was taken based on allegations of failing to respond promptly to inquiries from OCI, being party to an open lawsuit, and having unsatisfied civil money judgments. Justin McKinnon, 445 State St., Fremont, MI 49412, had his insurance license revoked and was ordered to pay a forfeiture of $300.00. These actions were taken based on allegations of failing to report a criminal conviction to OCI, failing to respond to OCI, and having a criminal conviction substantially

related to insurance marketing type conduct. Dona F. Myers, 1141 N. Old World 3rd St., Apt. 2719, Milwaukee, WI 53203, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Leonardo I. Palana, 9315 N.E. 118th Ln., Apt. 301, Kirkland, WA 98034, 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. Martin J. Panczak, 214 Wildflower Way, Lake Mills, WI 53551, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose a tax delinquency and an administrative action taken by the state of Wisconsin on a licensing application, and failing to respond promptly to inquiries from OCI. Grant Ludwig Schultz, N977 Shore Dr., Marinette, WI 54143, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Justin L. Tucker, N6777 County Rd. M, Holmen, WI 54636, had his application for an insurance license denied. This action was taken based on allegations of having an unpaid child support obligation and failing to disclose the child support arrearage on a licensing application. Pamela Vlasnik, 1182 Sandy Hook Ln., Luck, WI 54853, had her insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Eric E. Watkins, 1356 Sunfield St., Apt. 3, Sun Prairie, WI 53590, had his insurance license revoked. This action was taken based on allegations of failing to pay Wisconsin delinquent taxes due. Donald J. Wisialowski, 10228 W. Bunny Ct., Hales Corners, WI 53130, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application, failing to report the criminal convictions while a licensed agent, failing to respond promptly to inquiries from OCI, being party to an open lawsuit, and having unpaid civil money judgments and delinquent tax warrants. Jeffrey John Zavada, W132 N6622 Westview Dr., Menomonee Falls, WI 53051, had his application for an insurance license denied for 31 days. This action was taken based on allegations of failing to disclose a delinquent tax obligation on a licensing application. [continued on page 12]

10 SEPTEMBER 13


Certified Insurance Service Representative Open to Anyone!

8 WI CE Credits New Course # 68768

INSURING PERSONAL AUTO EXPOSURES After taking this course, students will be able to more effectively advise customers in the processes of analyzing, obtaining, and modifying personal auto and umbrella policies • Analyze the Personal Auto Policy and Major Endorsements • Owned, Borrowed, and Rented Autos • Determining Who is an Insured

Sept 24 • Green Bay

• Personal Umbrella/Excess Liability

Sept 25 • Brookfield

• Minimizing E&O Exposures

Course Instructor Denise Semrow CIC, CISR, ASI SECURA Insurance

$145 Per Course

CLASS SCHEDULE

Instruction 8:00 a.m. – 3:45 p.m. Group Lunch 12:00 p.m. – 12:45 p.m. Optional Exam 4:15 p.m. – 5:15 p.m.

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

AIA Tired PC BACK 11_9_11:AIA 02.10.10 PC BACK 11/16/11 1:35 PM Page 1

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For more information call Mike Sabourin 866-789-9712 SEPTEMBER 13 11


OCI Administrative Actions [continued from page 10]

The Midwest’s Premier Cluster Group Allegations and A ctions A gainst C ompanies

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SEPTEMBER 13 13


7Key Steps The

f or Leveraging Social Media Marketing to drive real results

I

by Natalie Henley

Investing in marketing campaigns can be a nerve-wracking decision for many small and medium sized businesses. CEOs and Marketing Directors know that when you have limited resources, you must be strategic with your budget, and every marketing investment has to pay off. This is why social media campaigns tend to be the first thing cut. Although free to setup, they take valuable staff resources to manage, and the ROI is not as apparent. While launching a social media campaign likely won’t bring leads and sales pouring in your door tomorrow, when you implement a few social media success strategies, you’ll find it much easier to drive a positive ROI with social that benefits your organization for years to come.

1. Reframe your outlook. Many businesses fail at social media because they think it means Facebook or Twitter. Social media is actually much more than that. Rather than putting labels on social media, think of it as a concept. Social media is actually about engaging with your audience in a broader way. Traditional media has always been one directional—you place an ad, the customer calls, and you have an offline private conversation. Social media is the first time where businesses can interact with their community in a public online forum.

however, if you are just getting started, this is a great set to begin with: • Facebook: Facebook has a high adoption rate and people of all ages spend time on this social media platform, thus giving you great exposure. • LinkedIn: While LinkedIn is not consumer-focused like Facebook, it can help with B2B sales, vendor connections, recruiting, and other business needs.

owners, but it’s exactly what customers crave.

• YouTube: Although a bigger investment than the others, consumers resonate with different types of content, and YouTube videos tend to pay off in the long term.

2. Start small.

3. Don’t be boring.

As you delve into social media, begin with the platforms

Guess what … your brand, services, mission statement, and corporate values are boring. Although they may represent you as a company, they don’t represent the human element and personality of your team. Social media is about not only building a community, but also engaging your customers.

That openness and transparency is scary to many business

that can make the biggest difference for you. Usually, this means starting with the three main platforms that can drive results and interaction: Facebook, LinkedIn, and YouTube. Depending on your business model, there may be others; 14 SEPTEMBER 13


Doing that requires that you show some serious personality. For example, if you’re located in a city that has an NFL football team, you can support the local team as part of your company’s personality. Or, if you’re a family-oriented company, you can post updates about your “Take Your Kids to Work Day” and include photos of the event. In essence, it’s about strategically deciding what your company’s culture or persona will be and then posting interesting content that relates to that. This means getting outside your comfort zone and talking about things that interest you as a company, not about your industry, products, and services.

4. Don’t over-invest. As you delve into social media, don’t rush out and hire a fulltime person to manage it. Instead, start by looking around your company and finding someone (or a team of people) interested in the additional responsibility. Chances are you have someone personally involved in social media who would love to have this as part of their job description. As your social media presence grows and becomes successful, you can see the business case for growing the department.

5. Look beyond the “likes.” Judging a social media campaign solely by the size of your Facebook likes is a bit backwards. Although “likes” can be a good indicator of success, a new Facebook like won’t feed your sales team’s families. In order to measure a successful social campaign, here are a few of the major metrics that social media can influence, and that you can measure: A. Reach, Likes, and Shares – This soft metrics of social lets you know you are keeping your audience engaged. B. Social Referral Traffic and Goal Completions (Measured through Google Analytics) – You can figure out who is coming from social media and either buying something or filling in a lead form on your website (cha-ching!). C. Social Media Leads – Yes, you can drive business leads from prospects straight on social media. D. Increased Search Engine Rankings & New Inbound links – Having a presence on social media can have a huge effect on any other organic or SEO programs you are running. Social media can be a key component of driving search engine traffic to your website. E. Increases in Branded Traffic (Measured by Google Analytics) – If you are keeping your audience engaged and getting prospects “warmed up” on social, you should see an increase of consumers searching for your brand in search engines.

6. Measure your results based on goals. Now that you know that results are more than just “likes,” decide how you are going to measure results before you start any social media activity, as well as the specific metrics you’ll use to determine success. Social media is just like any other marketing initiative, which means you have to answer some key questions, such as “Why are we doing this?” and “What are we hoping to get from it?” Each business will have its own definition of social media success. For one business, a metric like sales or leads is vital. Other businesses focus more on market share. Decide before you start what’s important to you. For a free measurement tool, use Google Analytics. For standardized reports, consider using an out-of-the box report suite, such as Sprout Social or Raven Tools.

7. Commit to it. Too often, a small- or medium-sized business sets up a Facebook page, goes gung-ho with it for a few weeks, and then gets busy and forgets about it. That sends a negative message about the business. To avoid this scenario, start small with activity you can handle and stick with it. Post something daily, or at the very least weekly so your company can stay relevant. Additionally, make sure what you’re doing looks professional by getting custom banners to match your website. If you are pinching pennies and don’t have a designer in-house for custom designs, you can get something that looks reasonable on sites like Fiverr, or something that looks very professional on sites like 99 Designs. Both are better than just “winging it”.

Go Social! Social media can be one of the best investments your company makes. The key is to be smart about it and to treat it like any other business activity. So if you’ve attempted social media in the past but let it go by the wayside, or if you haven’t embarked on this journey yet, now is the time to take the plunge and get on the social media platforms. By following these strategies, you’ll find social media to be a rewarding, enjoyable and profitable endeavor. n Natalie Henley is the Vice President of Client Services at Volume 9 Inc. Volume 9 creates custom search marketing campaigns for clients, including a mix of SEO, paid search management, social media, local search marketing and website development for over 100 clients and 200 managed websites. Natalie and Volume 9’s enterprising team leverage search marketing into real bottom line results for their clients’ businesses. They were recently honored by both the Inc. 5,000 and the Denver Business Journal as one of the fastest growing companies in Denver, and in the US. For more information, please visit www.volume9inc.com. SEPTEMBER 13 15


16 SEPTEMBER 13


Estate

Planning is for everyone

W

When you hear the term, “estate planning,” the first thing that pops into your mind is that “only rich people do this”. Well, you are wrong! Estate planning is for everyone! It doesn’t matter who you, what you do, are or if you are young and old, you can still start estate planning and it is extremely important. Don’t believe me? Let’s define estate planning. ESTATE PLANNING – is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of probate and maximize the value of the estate by reducing taxes and other expenses. Guardians are often designated for minor children and beneficiaries in incapacity. That is according to Wikipedia. Why it is important now to start estate planning? It is because with estate planning, you can be sure that everything is in place when you are gone. You work hard not only for yourself but also for your loved ones. You want to provide them the most comfortable life. Now, because of your hard work, you have money, properties and assets. To whom are you going to give those things when you are gone? Estate planning ensures that your rightful heir will get what he or she deserves with less expense and taxes. To make it clear, here is a list of the benefits that Estate Planning can give you: • In case you become incapacitated or unable to make decisions on your own, you can appoint someone you trust to take care of your health care and manage your finances through a Health Care Directive and a Longterm Power of Attorney. • You ensure that all your assets, money and properties are distributed to your loved ones. • This plan will also serve as your protection from your creditors. • This will also lessen income taxes when you die. • It also lessens taxes, probate fees, your heirs’ income taxes and other problems in estate settlement. • This will make sure that all your obligations to all the people who are depending on you will be met. • This will also help you to get away from the intervention of the government. Are you surprised with all the benefits that you can get through Estate Planning? Don’t be afraid to get started.

It might look hard on the surface, but you will soon get the hang of it. To help you get started, you can pick up a book about Estate Planning like Smart Tips for Estate Planning by Marvin Toy and Jim Yih. It will give you instructions that are easy to read and to follow. You will learn about having a will or a living trust. If you have children and assets, it is important for you to have this in place to ensure that your assets are in the right hands and to ensure the future of your children. You will also learn how to choose an executor. Someone you can trust, even after your death, because this is not an easy task. This person will settle all your concerns. Estate Planning will also help you decide what to do with all your investments and bank accounts. You have to be sure all the details are up to date and you have chosen a beneficiary. You can also learn about Trusts: what the different types are and which you can use in some situations. Choosing professionals is also discussed. These are the people who will help you with estate planning such as financial advisors, accountants, lawyers and others. If you are a charitable person, you can get tips on how leave donations for the foundation of your choice. You will get an idea of how to deal with your specific assets. There are still things that you have to know and this book covers it all. You will learn about probate. When you have a will, this will be settled and discussed in probate court. This means that money from your will/estate will be used to cover those court costs. It is better to be aware of this so you can do something about it ahead of time. This book covers a huge scope including funerals. These are things that we have to face in the future. We can arrange them ahead of time. And if you want to help others through organ donation, you can also learn how to do that here. You can also start thinking of your legacy or what you want your family to remember about you. You can make a scrapbook, a book of your life or movies so that the next generations can also have the chance to meet you.

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Legal Separation . . .

Severability

the

Test in the CGL

20 SEPTEMBER 13


Armstrong, Inc., is a landlord that rents space to various tenants in a commercial office building it owns located on 1 Main Street. On 3 Main Street, immediately adjacent to Armstrong’s building, is a small industrial building owned and occupied by Gordon Manufacturing Corporation, a manufacturer of plastic resins.

G

by Craig F. Stanovich Austin & Stanovich Risk Managers, LLC

Gordon Armstrong owns 100 percent of the shares of both Armstrong, Inc., and Gordon Manufacturing Corporation. All American Insurance Company, or AAIC, provides primary liability coverage to Armstrong and Gordon Manufacturing—AAIC has issued the latest edition of the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) policy, listing both Armstrong, Inc., and Gordon Manufacturing Corporation as named insureds on the same policy.

The Incident Due to a malfunction in one of the process boilers at Gordon Manufacturing’s plant, an explosion occurs. Fortunately, no one is injured, as the explosion took place after working hours, but the explosion and ensuing fire damages not only Gordon’s manufacturing building but also results in extensive damage to Armstrong’s office building. While Armstrong, Inc., has property insurance to protect against the direct damage, Armstrong did not purchase any business income insurance. Armstrong promptly brings a claim against Gordon Manufacturing for the loss of the use of its office building. Gordon Manufacturing had not purchased any equipment breakdown or boiler and machinery insurance. It tenders Armstrong’s claim to AAIC, its CGL insurer, to pay to defend Gordon and to pay damages (if any) to Armstrong. It is quickly found that Gordon improperly maintained the boiler, and thus the explosion and resulting damage is adjudicated to be caused by the negligence of Gordon Manufacturing. Damages of $200,000 are awarded to Armstrong, Inc. Does AAIC owe defense to Gordon Manufacturing and damages to Armstrong, Inc., from a claim made against Gordon Manufacturing by another named insured on the same CGL policy?

Common Misconceptions There is much confusion surrounding the ability to sue yourself and cross-suits. These are explained below, along with an illustration to help clarify these issues.

Suing Yourself The oft-repeated “you cannot sue yourself” is usually trotted out about now. But does a lawsuit by one valid, separate business entity against another valid, separate business entity amount to “suing yourself”? While there may be instances in which such a complaint would not be allowed (i.e., illusory purposes, fraud, etc.), each entity has been properly created for legitimate business purposes. Put another way, a corporation is separate and distinct from its shareholder(s) (owner(s)). Because Gordon Armstrong happened to own all the shares of both entities does not mean he is “suing himself.” The lawsuit is lawful.

Cross-Suits What about the “cross-suits” or “insured versus insured” exclusions? There is no broad “cross-suits” or “insured versus insured” exclusion within a standard ISO CGL policy. While it may be common for certain insurers, particularly nonadmitted or “surplus lines” insurers, to add such exclusions by endorsement to a CGL policy, the standard ISO CGL actually contains a condition—”Separation of Insureds”—that often allows coverage for suits by one insured against another insured (more on separation of insureds later). While the CGL policy does include some coverage restrictions for suits between insureds (for example, an employee is not covered for suits by a co-employee), there is indeed broad coverage for many “insured versus insured” claims. But why would anyone need such coverage?

An Illustration An umbrella policy purchased by a not-for-profit entity has an endorsement that excludes any claim by “any insured against any other insured.” Despite an erroneous insistence that the umbrella followed exactly the terms of the underlying CGL policy (the any insured versus any insured exclusion was not included within the CGL policy), the organization is potentially left without coverage in one very important area. As members of the organization are all considered insureds (via Additional Insured—Club [continued on page 22] SEPTEMBER 13 21


Legal Separation. . . [continued from page 21] Members endorsement CG 20 02), the organization may not have coverage for a suit brought by a member against the organization for injuries suffered while the member was engaged in one of the organization’s numerous activities. There is little question that the organization would indeed be unpleasantly surprised by an umbrella claim denial when faced with a large lawsuit by an injured member.

Exclusion J The CGL policy (exclusion j. (1)) eliminates coverage for property damage to property that “you own, rent or occupy.” In this exclusion, “you” refers to any organization with the status of named insured—either Armstrong, Inc., or Gordon Manufacturing Corporation. Clearly, the claim by Gordon Manufacturing against Armstrong involved property that an organization with the status of named insured owned or occupied. But Gordon Manufacturing did not own or occupy the property at 1 Main Street for which Armstrong is making a claim. Does that make a difference in coverage? Indeed, it does.

Separation of Insureds The separation of insured condition states, in essence, that, except for the limits (the policy limits will not be increased by the number of persons insured), the CGL policy applies to each named insured as if that named insured was the only named insured AND that the policy applies separately to each insured against whom claim is made or suit is brought. The effect is that AAIC m ust apply the CGL policy to Armstrong and Gordon Manufacturing as if a separate CGL policy was issued to each named insured. Several courts have discussed the purpose and coverage implications of the separation of insureds condition at some length. Here are but two examples: Severability of interest provisions were adopted by the insurance industry to define the extent of coverage afforded by a policy issued to more than one insured. Sacharko v. Center Equities P’ship, 479 A.2d 1219 (Conn. App. 1984) [Emphasis added] Commentators indicate that severability of interest clauses were inserted in standard forms in the mid-1950s to make “it clear and certain that the named insured and the omnibus or additional insureds are to be treated separately, and that the exclusions or other coverage tests should apply to the particular insureds seeking coverage.” Davis v. National Indem. Co., 135 Ga. App. 793 (1975), quoting Plummer, “Automobile Policy Exclusions,” 13 Vand. L. Rev 945, 955 (Oct. 1960) [Emphasis added] It is important to note the reference to “coverage tests.” In other words, properly applying exclusions in conjunction

22 SEPTEMBER 13

with the separation of insureds condition requires the insurer perform a test to give effect to the principle of severability. The term “the insured” as used in this policy must be examined by first applying the “severability of interests” test. “The insured” does not refer to all insureds; rather the term is used to refer to each insured as a separate and distinct individual apart from any and every other person who may be entitled to coverage thereunder. When a claim is made against one who is an “insured” under the policy, the latter is “the insured” for the purpose of determining the [insurer’s] obligations with respect to a claim. Commercial Standard Ins. Co. v. American Gen. Ins. Co., 455 S.W.2d 714 (Tex. 1970) [Emphasis added] In summary, exclusions apply only to the insured seeking coverage (but see “The Insured versus Any Insured” below). In our example, the insured seeking coverage was Gordon Manufacturing. Although one of the named insureds (Armstrong, Inc.) owned the premises that suffered the damage, in applying the “severability test” to the suit by Armstrong against Gordon Manufacturing, the question that AAIC must ask is whether Gordon Manufacturing—the entity against whom the suit has been brought—owns the property that has been damaged. As Armstrong, Inc., and not Gordon Manufacturing owns the 1 Main Street property for which the claim is being made, the exclusion for property damage to property owned by “you” does not eliminate coverage as the insured against whom the claim was made did not own the property. Despite our misconceptions, the answer to the question is yes—AAIC must pay for the defense and damages on behalf of Gordon Manufacturing resulting from the lawsuit by Armstrong, Inc.

Expansion of Coverage The severability test required by proper application of the separation of insureds condition is generally considered to expand coverage. When determining whether an exclusion should bar coverage for an additional insured, the presence of a severability of interests clause in the policy is construed to mean the policy should be read as if each insured were the only insured. Such a reading tends to expand coverage, which courts rationalize on the ground that the severability of interests clause is the insurer’s implied recognition of a separate obligation to others.… Truck Ins. Exch. v. BRE Props., Inc., 81 P.3d 929 (Wash. App. 2000), quoting Douglas R. Richmond and Darren S. Black, “Expanding Liability Coverage: Insured Contracts and Additional Insureds,” 44 Drake L. Rev. 781, 808 (1996) [Emphasis added] Just how far severability expands coverage is hotly debated.


At the heart of the issue is how exclusions are to be applied that exclude coverage for any insured rather than those exclusions that exclude coverage for the insured.

The Insured versus Any Insured In our example, the exclusion applied only to property owned by “you.” If the exclusion was worded to apply to property owned by any named insured, the severability test may have yielded an entirely different result. While there is decidedly a mix of opinions on this issue, consider the following. The effect of the separation of insureds clause on a particular exclusion in an insurance contract thus depends on the terms of that exclusion. If the exclusion clause uses the term “the insured,” application of the separation of insureds clause requires that the term be interpreted as referring only to the insured against whom a claim is being made under the policy. If however, the exclusion clause uses the term “any insured,” then application of the separation of insureds clause has no effect on the exclusion clause; a claim made against any insured is excluded. To hold that the term “any insured” in an exclusion clauses means “the insured making the claim” would collapse the distinction between the terms “the insured” and “any insured” in an insurance policy exclusion clause, making the distinction meaningless. Moreover, construing the term “any” the same as the word “the” in an exclusion clause when an insurance policy contains a separation of insureds or severability of interests clause would require a tortured reading of the terms of the policy. We should not give the terms of a contract such an expansive reading without a definite expression of the parties’ intent that we do so. Bituminous Cas. Corp. v. Maxey, 110 S.W.3d 203 (Tex. App. 2003) [Emphasis added]

A Practical Example What is evident is that an exclusion that excludes coverage for any insured may be treated differently from an exclusion that excludes coverage for the insured. In other words, it is important to know whether the CGL exclusion applies to “any insured” or to “the insured” in order to properly apply the exclusion in conjunction with the severability test. Presuming for a moment that the reasoning found in the case quoted above is applied, one word can make a dramatic difference in how coverage applies. In instances where the exclusion applies to “the insured,” the exclusion applies only to the insured seeking coverage; if the exclusion applies to “any insured,” the exclusion applies to all insureds.

Liquor Liability Exclusion c. in the CGL policy, the liquor liability exclusion,

eliminates coverage for bodily injury or property damage for which any insured may be held liable for the reasons listed, including by reason of any statute, ordinance, or regulation regulating the sale, gift, distribution, or use of alcoholic beverages.1 Consider a landlord who rents space to a pub and obtains from the pub status as an additional insured on the pub’s CGL policy. Assume a patron falls and is injured on the premises and then files a complaint against both the pub and the landlord. In the suit, the patron alleges liability against the pub based in part on the fact that the pub was operating in violation of state statute and local ordinance by serving alcohol after hours and that it served two drinks for the price of one (prohibited by state law). However, the allegations of the patron against the landlord are different—the patron alleges that the landlord’s failure to properly maintain the exterior stairs contributed to the patron’s fall. Would the landlord have coverage as an additional insured on the CGL policy of the pub? It is clear that liability is not being imposed on the landlord due to violation of a statute, ordinance, or regulation relating to selling, serving, or furnishing alcohol. Using the severability test might allow coverage for the landlord. After all, the CGL policy is to apply “separately to each insured against whom claim is made or suit is brought.” However, using the reasoning quoted in the Texas case above, the pub’s CGL policy would not provide any coverage to the landlord as an additional insured. Even using the severability test, the wording of the exclusion must be considered—the liquor exclusion eliminates all coverage if any insured is held liable for violation of statutes, ordinances, or regulations relating to alcohol—which is precisely the case here. The exclusion applies to all persons who are insureds in the policy—the application of the separation of insureds clause has no effect; a claim made against any insured is excluded. The Supreme Court of California very directly addresses this coverage issue. California decisions uniformly have held that, viewed in isolation, a clause excluding coverage for particular conduct by “an” or “any” insured, as opposed to “the” insured, means that such conduct by one insured will bar coverage for all other insureds under the same policy on claims arising from the same occurrence. This rule applies even when the insureds seeking coverage did not themselves participate in the act for which coverage is excluded, and even when their liability is premised on their own independent acts or omissions that would otherwise be covered. Minkler v. Safeco Ins. Co., 232 P.3d 612 (Cal. 2010) [continued on page 24] SEPTEMBER 13 23


Legal Separation. . . [continued from page 23] Of course, while it is possible that the outcome in our pub illustration may be in favor of coverage for the landlord in different jurisdictions, “the majority of courts have concluded that the presence of a separation of insureds provision does not serve as a basis to afford coverage to an innocent co-insured when the exclusion applies to the conduct of any insured.” Maniloff, Randy and Jeffery Stempel. General Liability Insurance Coverage. New York: Oxford University Press, 2010, p. 179.

Conclusion When more than one insured is involved in a claim, it is vital to consider the separation of insureds condition and the “severability” test to properly apply CGL policy exclusions. The implications of severability are often overlooked, misunderstood, or simply dismissed. Separation of insureds is of particular importance in situations in which the CGL policy lists multiple named insureds, such as a consolidated insurance program (owner or contractor controlled insurance program) or “wrap-up” insurance programs.

coverage and not all insureds when coverage is eliminated for “the insured” or those with the status of “you.” On the other hand, those exclusions that apply to “any insured” likely eliminate all coverage for all insureds.

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1 The liquor exclusion “ … applies only if you are in the business of … selling, serving or furnishing beverages.” As the CGL on which the landlord is an additional insured is that of the pub, and the pub has the status of “you,” the exclusion is triggered. That the landlord does not sell, serve, or furnish liquor is immaterial to whether this exclusion is triggered.

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-a-risk 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. This article was first published on IRMI.com and is reproduced with permission. Copyright 2011, International Risk Management Institute, Inc. http://www.irmi.com/expert/articles/2011/stanovich06-cgl-general-liabilityinsurance.aspx

CGL exclusions must be applied only to insureds seeking

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Wouldn't it be nice to have

"Mulligans" in E&O? by Curtis M. Pearsall

In the world of golf, the subject of “mulligans” often comes up before a group starts to play. A mulligan is a “do-over.” If a golfer hits a bad shot, he or she can call a mulligan and hit the shot over. The premise is that the second shot will be better than the first, and the first shot won’t count.

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Wouldn’t it be nice to have mulligans in errors and omissions? After an E&O claim is made, the producer or customer service representative could get a mulligan – a “do-over” – to fix things, say, if there is no documentation or the documentation is not at the level it should be. If a producer misspoke as to how coverage would apply, he or she could go back, correct themselves and all would be forgiven. This would result in fewer E&O claims and fewer dollars paid out on those claims made.

A claim example The following claim scenario took place a number of years ago:

In turn, the bar owner testified that: 1) he was not a sophisticated insurance buyer and 2) he definitely would have bought coverage for liquor liability had he known that the GL policy did not provide it. His comments were something to the effect of “I have a bar, so why wouldn’t I buy coverage for liquor claims?”

It is what it is In all probability, the bar owner knew he did not have coverage for liquor claims, but with nothing documented, the legal system found the agent liable and a settlement was reached.

After a big party at the bar, a patron hit a car, killing the driver, who was president of the senior class at the local high school. When the bar owner was served with a lawsuit, it was brought to the agency. During a discussion with the agency, the bar owner was advised that the policy did not cover liquor liability claims. The bar owner then filed suit against the agency.

Do you think the producer and CSR wish they had a couple of mulligans to fix some areas after the claim was made against them? Without a doubt – but that’s not the way it works. When an E&O claim is made against an agency, the file “is what it is.” While it is acceptable for an agent to organize the file, at no time should an agent add or delete anything from it. No “do-overs!”

During the trial, the CSR admitted, “I can’t document everything. If I did, I would never get any work done.” She testified that she personally delivered the policy when she stopped one night on her way home to have a couple of beers. She said she explained to the bar owner about the protection afforded by the GL policy and that liquor liability claims would not be covered. The producer claimed to have explained this, too. Again, there were no notes in the system reflecting the personal delivery of the policy or the discussion that subsequently developed.

So what does this essentially mean? It means that when agency staff – producers, customer service representatives,

A bar owner did not have liability insurance, but was required by a new landlord to secure GL coverage. The bar owner spoke with one of the bar’s patrons, who happened to be a customer service representative at a local agency. The CSR indicated that the agency would provide the bar owner with a proposal. The proposal was provided and coverage was purchased. There was no documentation in the agency file/management system as to the exact nature and content of the discussion.

26 SEPTEMBER 13


accounting folks, receptionist, etc. – performs a particular task, if that task should be documented, it gets documented. Imagine the impact on the judge and the jury when the CSR in the above claim admitted she did not document the discussion and that there were other files and discussions that weren’t documented.

Attention Utica E&O Policy Holders:

Clearly, the odds of an agency prevailing in an E&O matter are strengthened when documentation in the file is handled promptly, professionally and accurately. The odds are also enhanced significantly when the file reflects documentation back to the customer, memorializing the various conversations and decisions.

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Agencies and their staff must be extremely serious about this and make every effort to have a culture and commitment that tolerates nothing but the best. Using an audit process is a great vehicle for ensuring that agency expectations are met because, in the world of agents’ E&O, unfortunately, there are no mulligans. n Curtis M. Pearsall, CPCU, AIAF, CPIA President, Pearsall Associates Inc. and Special Consultant to the Utica National E&O Program

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Seller

Transparency:

by Rick Dennen

the threshold of acquisitions

We talk a lot at Oak Street Funding about the importance of due diligence before the acquisition of a business or book of business. From white papers to articles to webinars, we try to educate agency principals with the hope of preventing acquisition failures. Just when we fear we’re starting to sound like a broken record, we hear another first-hand account of a deal gone bad, affirming the need for this education.

R

Recently we received a message from an agency principal who read one of our articles several weeks too late. He purchased another agency without conducting appropriate due diligence and now is stuck with a poorly performing agency. He felt the due diligence steps we recommended were unrealistic because sellers, as a general rule, are not in the practice of making information available to potential buyers — at least not the seller he encountered. He was partially right. A thorough due diligence process is unrealistic in transactions with sellers who refuse to be transparent. Just as it would be unwise to buy a house without an inspection, acquiring a business without detailed insight into its financials and operations would be a dangerous and risky endeavor. Transparency by the seller must be the first condition that’s satisfied before any other steps are made towards a purchase. A seller who is reluctant to share information is waving a huge red flag, warning you to take a step back and rethink your decision to pursue an acquisition. Without proper due diligence it’s impossible to predict future returns on your investment because you can’t accurately estimate retention levels for customers, employees and contracts. You won’t know who key customers are, their revenue or loyalty to the agency. Without policy detail and history, you won’t be able to forecast the future performance of the book. No insight into carrier contracts provides no means to verify commissions and no guarantee of transferability. Perhaps worse, you’ll be in the dark about employee feelings and which producers might leave and take valuable customers with them. Many sellers are reluctant to disclose details because they view it as a risk. Potential buyers, after all, are often competitors. At the same time, buyers assume transparency isn’t an option because of sellers’ perception of risk. As a result, they don’t even ask for appropriate information. In

truth, the exchange of sensitive information is critical to the success of the acquisition. In addition, sometimes sellers commit to transparency, but later block information and avoid or discourage meetings. Suspicious actions like these should warn buyers that something may be wrong and it may be best to walk away. The solution to all of this is a nondisclosure agreement (NDA) or confidentiality agreement. NDAs give potential buyers access to information needed to conduct proper due diligence while also protecting the seller against buyers misusing and sharing confidential information and soliciting sellers’ customers and employees. Buyers who get acquisition financing from a third-party, such as Oak Street Funding, will find NDA’s are required by lenders as they conduct their own due diligence, verifying commissions at the policy level, reviewing carrier contracts and evaluating financials. It’s the only way they can accurately forecast future commissions and profitability, which are the reigning factors in a borrower’s ability to repay a loan. Buyers who don’t utilize commercial financing should still insist on seller disclosure. In either case, the key is to dig deep and learn as much as possible before an acquisition, and that’s only possible with transparency. n Rick Dennen is president and CEO of Oak Street Funding, which provides commission-based lending for insurance agents that need capital to buy, build or sell their agency. Dennen is a licensed agent in the state of Indiana for Life, Accident & Health products and a licensed Certified Public Accountant in the state of Indiana. In addition, he is an instructor of venture capital and entrepreneurial finance at the Indiana University Kelly School of Business. He can be reached at rick.dennen@oakstreetfunding.com. The materials in this paper are for informational purposes only. They are not offered as and do not constitute an offer for a loan, professional or legal advice or legal opinion and should not be used as a substitute for obtaining professional or legal advice.

SEPTEMBER 13 31


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

personal lines

November 13-15, 2013 Radisson/Oneida Casino – Green Bay, WI 920-494-7300 $99 rate through 10/24/13 includes full breakfast

December 11-13, 2013 Hilton Garden Inn Milwaukee Park Place 414-359-9823 $93 rate through 11/10/13

• COMMERCIAL PROPERTY COVERAGES • COMMERCIAL PROPERTY CAUSE OF LOSS FORMS • COMMERCIAL PROPERTY ENDORSEMENTS Keith Wilts, CIC, CPCU • TIME ELEMENT COVERAGES • COMMERCIAL INLAND MARINE COVERAGES Robert Ford, CIC, CISR • BUSINESS OWNERS POLICIES • COMMERCIAL PROPERTY CASE STUDY John Dismukes, CIC, CPCU, AII, AIS

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Day One: 8:00 – 5:15

• personal residential coverages Jerry Kennedy, CIC • personal automobile coverages • rental car Terry Tadlock, CIC, CPCU, CRIS • personal umbrella/excess coverages • personal lines case study John Dismukes, CIC, CPCU, AAI, AIS

NEW WI CE Course # Pending

Day Two: 8:00 – 5:00

Day Three: 8:00 – noon, Optional Exam 2:00 – 4:00

$390.00 per Institute. Register at www.piaw.org or call 800-261-7429.

PEOPLE WHO EARNED THIS ALSO EARNED MORE

30,900 MORE OF THESE

PER YEAR.

If you’re looking to jump start a new career or make more with the one you are in, education is your best investment. Now, more than ever, it is important to invest in your greatest assets—yourself and your people. According to The National Alliance Producer Profile, commercial lines producers with the Certified Insurance Counselor (CIC) designation earn 30% more than those without the designation. To learn more about the CIC Program, call or visit us on the web.

The most successful training programs for insurance professionals

32 SEPTEMBER 13

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


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SEPTEMBER 13 33


Building a productive sales team from New Millennial candidates requires paying attention to two important areas:

Recruiting, and Coaching .

34 SEPTEMBER 13


Seven ways to keep young

Sales Reps

from Crashing and Burning by Lance Cooper

Millennials enter the nation’s sales teams as the most parented generation in history. Yet, they do not have the goals or plans to achieve compelling ambitions. Today, 20 million young men delay maturing until their late 20s and are without solid commitments and responsibilities guiding their lives. This leads to “helicopter parented” boys and girls often crash-landing when they try to take on the demanding responsibilities of monthly sales production.

M

Many young and seasoned sales managers have not been prepared for this new generation of sales reps. As a result, they often see the following three scenarios: Fast Start Fades: A sales manager hires an engaging young man who seems full of fire and enthusiasm. His early success causes the sales manager to feel good about the hire. And, then it happens: he watches the new recruit’s enthusiasm and production fade. Roller Coaster Rep: A new hire works hard to sell enough to meet assigned budget numbers, and then falls short the next month. Back and forth; up and down. The rep sells just enough to get close to budget and then misses for two months only to rise again, hit budget, and survive being fired. Character Losses: Despite their helicopter parents, many young men and women today enter a sales team without the basic values and character traits necessary to make a positive social impact on new customers. If they do sell at quota, they may do so with poor customer satisfaction and unfulfilled co-worker needs. New reps with these performance issues foster a poor sales culture with low referral rates and repeat business. This brings inconsistency to monthly sales production, creates high turnover, and may impact the company’s brand or reputation or marketplace.

Building a productive sales team from New Millennial candidates requires paying attention to two important areas: Recruiting, and Coaching. Here are seven ways to keep young sales reps from crashing and burning. 1. Use structured questions and validated profiles designed to identify the character traits, personality traits and sales competencies which would be possessed by a successful sales hire. These traits would include: honest and ethical, hard work ethic, personal responsibility, deadline motivated, a need for independence, asking questions and listening, and presenting solutions. For example, some sample questions could be, “Tell me about some previous successes at school, work, sports, a sales position, or with your hobbies. What was important about ______ to you? What was it about you that led to success?” “What is the minimum amount of money you must earn with us to feel successful?” When asking questions, make sure you hire someone who has a motivational center, meaning they have a specific reason to excel. Also, hire someone who has to make enough money equal to or above the income earned at your minimum sales standard. 2. Install a 90-day ramp-up process designed to cause the candidate to exclaim, “Wow, this is a better company [continued on page 36]

SEPTEMBER 13 35


Sales Reps . . . [continued from page 35] and sales job than I expected when I was hired!” Ask for feedback from reps on the sales team and create a checklist that includes training, introductions, and celebrating progress points. 3. During the first 90 days, have the sales rep complete a Survival/Lifestyle goal setting sheet which details the amount of money they need to survive and the additional monthly amounts to sell beyond survival and to fulfill a better lifestyle (building saving accounts, paying off debt, saving for new homes, etc.) You will discover some of their motivating influences when you do this; both you and your rep will know what income is important and why. 4. Get to know the rep and customize your coaching approach. Develop a scavenger list of 12 personal and important things to know about each rep. Interestingly, even helicopter-parented reps do not often feel they’ve been listened to by authority figures or that anyone has really tried to get to know them. What you learn will help you tailor your coaching for each rep. What they learn about you when you listen will increase their trust in your coaching. 5. Learn to ask coaching and mentoring questions. Then, begin asking these questions during a foundation interview for the new rep. This foundation interview will contain anchor questions like, “What do you want?” follow by layered questions like, “Why is ____ important to you?” “What difference will not being able to pay for ____ make in your life?” “How are you impacted by goals for which you have a low commitment?” 6. Help each rep develop a sales plan and show them the activity levels necessary to reach their lifestyle goals (see 3 above). Focus your reps on the activity levels (prospects found, first appointments held, presentations done) and the character and personality traits that

will maintain these levels: hard work, perseverance, discipline, adapting to personalities, asking questions and listening. As a mentor, teach them how to handle setbacks and challenges. Many Millennial employees have been taught to believe that trophies and results are earned by merely showing up. Therefore, recognize and reward effort, courage, persistence and self-discipline. For example, reward behaviors like meeting prospecting and appointment goals or handling tough customer problems with great service. Do not harangue them for results in the absence of a process. 7. Operate your sales team with standards. Example of areas in which to set standards are as follows: honest and ethical behavior, activity levels, dress, customer followup and minimum sales results. When introducing young reps to these standards, always explain why they exist and how they help people. If standards are not met, make sure you enforce them at once; do not wait to make it clear what is acceptable and what is not. Then, once defined and enforced, make sure the reps know that you believe they have what it takes and they can get better; they can achieve the results for which they strive. You can develop high-performance cultures with today’s young people. When you do the actions outlined above, you can recruit better reps and then coach them to high performance. You will teach people to sell beyond quota, above survival and at activity levels necessary for the incomes they want. You, and they, can do this. n Lance Cooper is a keynote speaker and author of Selling BEYOND Survival: The Essential System for High-Activity Sales Professionals. Lance is president of SalesManage Solutions, a company that teaches sales leaders how to recruit sales superstars and coach teams to greatness. For more information, please visit sellingbeyondsurvival.com or email him at lcooper@salesmanage.com

Attention CICs! Exciting update options. CIC Graduate Ruble Seminar October 3 & 4, 2013 | Marriott Madison West – Middleton, WI February 18 & 19, 2014 | West Bend Mutual Ins. Co. – West Bend, WI 16 WI CE (4 are optional Ethics)

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

36 SEPTEMBER 13


GERMANTOWN MUTUAL INSURANCE COMPANY W209 N11845 Insurance Place PO Box 1020 Germantown, WI 53022-8220 Phone (262) 251-6680 Fax (262) 623-3130 www.gmic.com

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SEPTEMBER 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 608-273-8873 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

10

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 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

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

CISR AGENCY operations Rothschild (8 WI CE)

11

CPIA 3 Wauwatosa (7 WI CE)

11-13

CIC AGENCY MANAGEMENT Rothschild (20 WI CE, 4 of 20 Ethics)

24, 25

CISR PERSONAL AUTO Green Bay, Brookfield (8 WI CE)

2

CISR PERSONAL RESIDENTIAL Madison (8 WI CE)

3-4

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

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)

10

ETHICS Milwaukee (4 WI Ethics 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 (8 WI CE)

13

CISR ELEMENTS OF RISK MANAGEMENT Brookfield (8 WI CE)

18-19

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

13

CPIA 1 Madison (7 WI CE)

19

CISR COMMERCIAL CASUALTY 2 Madison (8 WI CE)

25

ETHICS Green Bay (4 WI Ethics CE)

26-28

CIC COMMERCIAL CASUALTY Green Bay (20 WI CE)

38 SEPTEMBER 13

January December November October 2014 2013 2013 2013

March 2014

Coming Events

February 2014

September 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


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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

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o o

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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_______________________

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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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