professional agent MAY | 2014
Wh at’s Inside? Prompt Notice of Claim.......15 Risk Management Honesty....17 Reason Agents Fail to Sell.....21 FLS Conference........................24 Sell Value, Not Price...............27 Fraud, Every Business..........32 at Risk
Scholarship Winners! YPC Scholarship Winners.. ....16 Past President Scholarship.....22 CIC Scholarship.. ...................29 New CPIAs. . ..........................35
Digital Editions of PIAW Magazine Available at www.piaw.org
Bluff Creek State Natural Area—Whitewater, WI
2 MAY 14
From the
President Jeff Glass — President, PIA of Wisconsin
PIA Working Hard For You Late in March (26th– 29th) the PIAW Executive Committee and our legislative scholarship winner flew to Washington DC for the PIA National Federal Legislative Summit (FLS). This was my forth FLS trip and the best trip yet. It was a year where PIA had great success with pending and passed legislation that had been “dogging” the insurance industry for years, and it finally felt like a year where legislators were finally engaged in are industry concerns and issues. On Thursday the 27th the PIAW contingent broke up into two groups. Hitting Capitol Hill for legislative visits, half our group went to visit …Johnson, Baldwin, Ribble, and Ryan, the other half of our group when to see …Pocan, Duffy, Moore, Petri and Sensenbrenner. I am happy to report that all the visits went excellent. Now because we were lobbying at the federal level, our legislative focus was federal insurance issues that bleed down to the state and local level and have a direct effect on all of us.
1. NATIONAL FLOOD INSURANCE —In March, Congress passed a bill to modify or replace many of the reforms in the Biggert-Waters Act. PIA successfully supported and advocated for the grandfathering and mitigation provisions in this bill. PIA also asked for solutions to eliminate the programs debt and put the flood program on a path to fiscal stability.
2. TERRORISM RISK ISURANCE PROGRAM (TRIA) —PIA asked for a long-term extension of TRIA and cosponsor H.R.508. PIA was told by legislators the extension to TRIA was a slam dunk.
cerning enforcement of anti-rebating and ensuring agents have a role during SRA negotiations. PIA opposes the proposed 2015 administration budget cuts to this bill.
4. HEALTH CARE REFORM —PIA supports the fair and just compensation for insurance agents. H.R.2328 and S.650 are bills we support in a major step forward to keep small group sales outside the Medical Loss Ratio calculations, allowing agents to continue to be fairly compensated for the agents work.
5. INSURANCE REGULATION —PIA supports state-based insurance regulation. PIA strongly opposes attempts to move towards federal regulation of insurance. We oppose any effort to move the Federal Insurance Office (FIO) outside its congressional mandate which makes it clear the FIO isn’t a regulator of business of insurance. We all need to keep an eye on this power play. Wisconsin functions just fine with OCI and we need no federal push for take over One of the other highlights of this year’s FLS visit was PIAW being recognized nationally in front of all the other PIA affiliates for its 2013 membership growth. PIAW hit and exceeded its 2013 membership goal and was brought to the forefront and recognized as a leading PIA affiliate. If you have a question on any of the legislative issues discussed, please contact me or Ron at the PIA office in Madison. We’re always ready to answer any questions or take suggestions for further legislative discussions. All in all, the trip to Washington DC was a success for the PIAW and its membership.
3. CROP INSURANCE —We thanked the legislators for pass-
Cheers
ing the farm bill with a 5 year extension. Issues remain con-
J.J. Glass
CIC—QUALITY EDUCATION! “The CIC Commercial Property institute was extremely beneficial! I learned a lot of new things and also solidified my knowledge of other topics that were pretty gray when I came in. I always enjoy the courses conducted by the PIAW. Thank you again for awarding me a CIC scholarship. It was very much appreciated!”
Kayla Warmka, CISR, CRIS Account Manager, M3 Insurance
MAY 14 3
Memos from
Madison Ron Von Haden, CIC — Executive Vice President, PIA of Wisconsin
"Insurance Fraud" 34% OF AUTO DRIVERS LIE about information used to underwrite, rate and insure their automobiles. A new survey by Carinsurance.com finds that drivers admitted to lying about annual mileage driven, where the car is parked, names of drivers with access to the vehicle, teen drivers and their school grades and the use of the vehicle for work, business and school. Even snow birds that take their autos to Florida or the Sun Belt for the winter or leave it there year around may not be entirely truthful about the usage of the vehicle… possibly because they are never asked. Men and drivers under age 30 seemed to lie more often than women and drivers over the age of 50 and 63% of survey respondents said they lied to save premium. They do not think about coverage reductions or claim denials. Even with today’s technology, it is sometimes difficult to catch those who lie to their agent or insurer. In time, vehicle technology and data gathering devices known as “black boxes” will eliminate or reduce the personal information reporting responsibility of the owner or driver. Lying on an insurance application, claim or renewal questionnaire is “Insurance Fraud” and could result in a felony conviction. Agents should be alert to insurance fraud and notify their companies, the Commissioners office and local law enforcement.
ACCORDING TO McKINSEY & Company , there are about 500,000 insurance professionals who will retire between 2008 and 2018. Obviously, this will result in major shortages of top talent at companies and agencies. Where will the new agents come from and how will the insurance industry
4 MAY 14
retain them? Companies are focused on the 18 to 27 year olds referred to as Millennials but they struggle to appeal to this generation because of a lack of interest in “insurance”. Agencies, companies and associations must communicate the rewards of a career in insurance to close the talent gap. Millennials are looking for a work environment that offers: 1-Meaningful, satisfying and challenging work they will enjoy; 2-Collaborative work environments; 3-Employers that demonstrate social responsibility though workplace efforts. All of us must invest in these young professionals to close the talent gap and ensure the insurance business thrives in the future as they take the helm. PIA of Wisconsin is very active in the recruitment of young people into our industry. The amazing scholarship program of our Young Professionals Club gives $25,000 each year to aspiring young students who are aiming for a career in the industry. Our Public Relations Committee has developed flyers illustrating the diversity and attractiveness of a career in insurance. These can be downloaded from our web site and placed in your office or school guidance counselor’s office. PIAW is also working with various technical colleges to develop or improve their insurance curriculum and degree programs. And, we have formed an alliance with the Insurance Commissioner’s office to find ways to bring talented returning veterans into our great industry. Your association is doing its part to attract the skilled new professionals.
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MAY 14 5
From the
Boardroom Kathy Mulder — Director, PIA of Wisconsin
Technology and Change—A Positive Spin Recently we were told that our agency was losing its management system. After I finished stomping my feet and pouting I had to regroup and start the road to making one of the biggest decisions for our agency.
I truly believe that if an agency does not have direction, or an agency management cheerleader, the agency will be left to chaos and employee upheaval. Take the lead and turn the negatives into a positive.
The timing was perfect for us to attend the April 9th PIA Agency Management and Technology tradeshow. I was proud that the PIA could provide the 160 attendees with demonstrations from 8 management system vendors. My head is swimming with all the information from that day and now I think, what is next?
When all is said and done, we will all have survived this conversion. Who knows, our next partnership may be better and stronger than we ever thought possible. Sincerely, Kathy Mulder, PIA Board of Directors
From the demonstrations and vendor panel questions, I was able to narrow down the management system playing field for our agency. But there is no clear partnership yet. How do you make a decision for your agency that is so vital and integral for the everyday operations of the agency and needless to say, for the budget? I keep chanting, “turn the negative into a positive, turn the negative into the positive”. I am not there yet, but I want to keep a positive outlook to overcome the obstacles of a conversion. In order to make the decision of which management system to purchase I believe your agency MUST have a clear goal of what you expect from your management system. What are the top 10 must have functions for your agency? The positive spin, our management system will be cleaner. Active clients with no active policies are changed to prospects. Older applications can be deleted and procedures will be reviewed and tweaked as necessary. I do not know where or when this journey will end or where it will take me but I know in the process we will have cleaned up our management system. Our new management system will have a learning curve and due to the dedication and somewhat stubbornness of our office the learning curve will be short and I am confident that our customers will never know that we have converted our system. For all of the owners who are in the same position as our agency, find your agency management cheerleader in your office….give them the reins, and the direction and support that they will need for the conversion process.
6 MAY 14
®
Empowering Agents
6
nual Conventio n A h n 5t
Save the Date! Registration materials will be available early May
August 6-8, 2014
va Resor t & S nd Gene Gra Lake Geneva, WI pa
MAY 14 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
Meagan M. Achenbach, 127 N. Main St., Eastman, WI 54626, 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 retake a required examination.
Nancy Lee Barrette, 28201 Harwich Dr., Farmington Hills, MI 48334, 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 evidence of resident surplus lines licensure.
Lisa C. Adcock, W1903 Potter Rd., Burlington, WI 53105, 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 complete the required background check.
Tracy L. Baumgart, 4188 S. 61st St., Unit 2, Milwaukee, WI 53220, 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 having unpaid civil money judgments.
Erik Mathew Anderson, 2335 Woodbridge St., Apt. 157, Saint Paul, MN 55113, had his application for an insurance license denied. This action was taken based on allegations of having a criminal conviction which may be substantially related to insurance marketing type conduct; failing to report the criminal conviction to OCI while a licensed intermediary; failing to report an administrative action taken by the state of Minnesota on a licensing application; failing to report the administrative action to OCI while a licensed intermediary; and failing to respond promptly to inquiries from OCI.
Rosette Francesca Berban, 105 Salem Dr. Sanford, FL 32771, agreed to surrender her insurance license. This action was based on allegations of failing to disclose an administrative action taken by the state of Florida on a licensing application and displaying evidence of untrustworthiness.
Erik Mathew Anderson, 2335 Woodbridge St., Apt. 157, Saint Paul, MN 55113, had his application for an insurance license denied. This action was taken based on allegations of having a criminal conviction which may be substantially related to insurance marketing type conduct, having an administrative action taken by the state of Minnesota, and submitting a duplicate application. Matthew Baldauf, 216 W. Winneconne Ave., Neenah, WI 54956, 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 prelicensing education.
88 AUGUST MAY 14 13
Kellen Joel Burgos, 1109 West Ave. S., La Crosse, WI 54601, 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 demonstrating financial irresponsibility. Jeffrey L. Burrey, 665 Old Pond Ln., Powell, OH 43065, had his application for an insurance license denied. This action was taken based on allegations of having an administrative action taken by the state of Ohio, exhibiting evidence of untrustworthiness, and failing to respond promptly to inquiries from OCI. Ashley Anna Colline, 725 Saunders Rd., Apt. 5, Kaukauna, WI 54130, 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 complete the required criminal background check.
Lucio Fuentez, 2318 S. 8th St., Sheboygan, WI 53081, had his application for an individual navigator license denied for 31 days. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application. Shannon R. Fuerstenberg, 104 Court St., Neillsville, WI 54456, had his application for an insurance license denied. This action was taken based on allegations of having an unpaid civil money judgment. Nicholas Scott Gaspard, 1190 W. 18th Ave., Oshkosh, WI 54902, 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 disclose a criminal conviction on a licensing application. Kathy Denise Habron, 11267 Linderwood Dr., Mechanicsville, VA 23116, 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 evidence of reciprocal licensure. Mark S. Helfrich, 5 E. Copper Cir., Madison, WI 53717, agreed to pay a forfeiture of $250.00 and agreed to cease and desist from misrepresenting dividend guarantees. This action was taken based on allegations of using property and casualty advertising not in compliance with Wisconsin insurance law. Craig J. Holder, 150 Tyler Ct., Lake Zurich, IL 60047, 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 surplus lines licensure. Katherine R. Johnson, 3605 Sandy Ln., Schofield, WI 54476, 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 complete the required criminal background check. Souksomphone Sou Keosoukanh, 736 Jamie Way N.E., Woodstock, GA 30188, 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 evidence of resident surplus lines licensure. Diana E. Kostal, 2835 S. Superior St., Milwaukee, WI 53207, was ordered to pay a forfeiture of $500.00 and was ordered to cease and desist using the services of an unlicensed agent. This action was taken based on allegations of utilizing the services of an unlicensed agent to conduct insurance business. Bonnie L. Koth, 37350 N. Shirley Dr., Gurnee, IL 60031, agreed to cease and desist acting as an intermediary in the state of Wisconsin unless or until proper licensure is obtained. This action was taken based on allegations of conducting insurance business without proper authority. Jamason Lennox, 2932 3rd Ave. S., Apt. 2, Minneapolis, MN 55408, 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 owing delinquent child support. Mark Andrew Pate, 2713 Bristol Ct., Waukesha, WI 53188, was ordered to pay a forfeiture of $1,000.00, was ordered to provide requested information, and was ordered to respond promptly in writing to all requests from OCI. This action was taken based on allegations of failing to respond promptly to inquiries from OCI. Nonce Perrier, 2042 Gallagher Ave., Deltona, FL 32725, 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 owing delinquent child support. Andrena Phillips, 148 State Rd., New Albany, IN 47150, 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 accurately complete a licensing application. Thomas J. Pickett, 106 Jenna Dr., Verona, WI 53593, was issued a modified insurance license, was ordered not to handle other people's money, and was ordered to continue to make payments as scheduled to the Internal Revenue Service and the Wisconsin Department of Revenue. These actions were taken based on allegations of owing delinquent state and federal taxes and having unpaid civil money judgments. Matthew S. Pope, 15 1/2 W. Central St., Apt. 5, Chippewa Falls, WI 54729, 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 state of Wisconsin on a licensing application. Paul C. Schuelke, 10551 N. O'Connell Ln., Mequon, WI 53097, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose criminal charges on a licensing application, having unpaid civil money judgments, having unresolved lawsuits at the time of application, and failing to complete prelicensing and examination requirements. Mackenzie Forrest Scott, 6460 Crescent Way, Apt. 302, Norfolk, VA 23513, 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 owing delinquent child support. Amos P. Soung, 1229 Park St., Green Bay, WI 54303, had his application for an insurance license denied. This action was taken based on allegations of having a criminal conviction which may be substantially related to insurance marketing type conduct and having unpaid civil money judgments. Lee A. Westphal, 2110 Carstensen Ln., Apt. P, Green Bay, WI 54304, had her application for an insurance license denied. This action was taken based on allegations of having unpaid civil money judgments. Robert P. Witt, 5772 Lexington St., McFarland, WI 53558, had his insurance license suspended. This action was taken based on allegations of owing delinquent child support. [continued on page 10] MAY 14 9
OCI Administrative Actions [continued from page 9]
Allegations
and
Actions Against Companies
American Family Mutual Insurance Company, 6000 American Pkwy., Madison, WI 53783, was ordered to pay a forfeiture of $500.00 and was ordered to cease and desist from issuing improper nonrenewal notices. This action was taken based on allegations of issuing an improper nonrenewal notice that was not reasonably precise. Capson Physicians Insurance Company, 221 W. 6th St., Ste. 301, Austin, TX 78701, was ordered to pay a forfeiture of $500.00, was ordered to reply promptly in writing to all inquiries from OCI, and was ordered to pay all fees when due. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay annual appointment billing fees. Liberty Insurance Corporation, 175 Berkeley St., Boston, MA 02117, was ordered to pay a forfeiture of $1,000.00 and was ordered to cease and desist failing to provide at least 60 days' notice to insureds when raising premiums 25% or more at renewal. This action was taken based on allegations of failing to provide adequate notice of a premium increase. Occidental Fire & Casualty Company of North Carolina, P.O. Box 10800, 702 Oberlin Rd., Raleigh, NC 27605, was ordered to pay a forfeiture of $500.00, was ordered to reply promptly in writing to all inquiries from OCI, and was ordered to pay all fees when due. This action was taken based on allegations of failing to respond promptly to inquiries from OCI and failing to pay annual appointment billing fees. Racine County Mutual Insurance Company, 10502 Northwestern Ave., Franksville, WI 53126, was ordered to pay a forfeiture of $500.00 and was ordered to cease and
10 MAY 14
desist accepting applications from agents unless and until the agents have proper authority. These actions were taken based on allegations of allowing an agent to submit applications prior to appointment and accepting applications from a nonappointed agent. Secura Insurance, a Mutual Company, 2401 S. Memorial Dr., P.O. Box 819, Appleton, WI 54912, agreed to implement procedures to confirm that the correct mailing addresses of insureds are updated to ensure consumers receive adequate statutory notices. This action was taken based on allegations of issuing an improper mid-term cancellation or nonrenewal of an insurance policy. Sentry Insurance, a Mutual Company, 1800 N. Point Dr., Stevens Point, WI 54481, was ordered to pay a forfeiture of $500.00 and was ordered to cease and desist issuing improper nonrenewal notices. This action was taken based on allegations of issuing an improper nonrenewal of an insurance policy. U.S. Immigration Bonds & Insurance Services, Inc., 1756 N.E. 34th St., Oakland Park, FL 33334, had its application for an insurance license denied. This action was taken based on allegations of using a misleading entity name. Wadena Insurance Company, P.O. Box 1336, West Des Moines, IA 50306, was ordered to pay a forfeiture of $2,500.00 and was ordered to cease and desist using nonrenewal notices that do not provide adequate instructions for applying for the Wisconsin Automobile Insurance Plan (WAIP). These actions were taken based on allegations of issuing improper nonrenewal notices.
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Each approved for 3 WI CE Credits. Live. No Test. No proctor. Visit w w w .pi aw .org for a W e b in a r d e m o a n d c o u r s e d e s c r ip t ion s. (a) (b) (c) (d) (e) (f) (g)
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14 MAY 14
Failure to give prompt
Notice of Claim:
What are the Consequences?
A
by Timothy D. Fenner
As licensed intermediaries, you all know that a liability policy generally requires the insured to give prompt notice of a claim to the insurance carrier. Not only is the notification provision a part of virtually every liability policy, there is a Wisconsin Statute that addresses the issue of notice. Section 631.81, Wis. Stats. is entitled “Notice and Proof of Loss,” and provides in relevant part: (1) TIMELINESS OF NOTICE. Provided notice or proof of loss is furnished as soon as reasonably possible and within one year after the time it was required by the policy, failure to furnish such notice or proof within the time required by the policy does not invalidate or reduce a claim unless the insurer is prejudiced thereby and it was reasonably possible to meet the time limit. (Emphasis Added.) Notice is given if notice is sent by first class mail, postage prepaid and directed to the carrier. The statute indicates that notice or proof of loss is to be given to the carrier “…as soon as reasonably possible and within one year after the time it was required by the policy.” The statute goes on to indicate that the failure to give the requisite notice or proof within the time required in the policy does not invalidate the claim unless the carrier “… is prejudiced thereby and it was reasonably possible to meet the time limit.” As licensed intermediaries, I suspect that at some point in time in your career, you have encountered a situation where an insured has, for whatever reason, failed to give what you would consider to be “prompt notice” to the carrier. Concern then arises as to whether or not the carrier is going to deny the claim. The resolution of this concern is dependent in part, upon whether or not the carrier is “prejudiced” by the lack of timely notice. What constitutes “prejudice” in this context? A recent decision of the Wisconsin Court of Appeals sheds some light. In the case before it, a practicing attorney and his
spouse also owned a real estate investment company. That company sold a parcel of real estate to two individuals. The attorney prepared a land contract for the sale; and had the buyers execute a “waiver of conflict of interest,” agreeing that the attorney had advised them to retain separate counsel for purposes of representing them in connection with the purchase of the property. The waiver continued to the effect that the buyers waived their right to obtain such an independent attorney. Subsequently, the buyers became dissatisfied with the attorney’s representation of their interests and retained independent counsel. The new counsel wrote a letter dated December 23, 2009, setting forth the reasons for the buyers’ dissatisfaction and demanding that the attorney pay the buyers a specified sum of money. The attorney in question then retained his own counsel to represent him in the buyers’ claim. The Wisconsin Lawyers Mutual Insurance Company (the “Company”) had issued a professional liability policy to the seller/practicing attorney, which had a term beginning on April 1, 2009 and expiring on April 1, 2010. It was during this period of time that the practicing attorney received the December 23, 2009 demand for payment of a specified sum of money. On March 2, 2012, the buyers commenced suit against the attorney. On March 9, 2011, some 11 months after the policy expired, the carrier received a copy of the buyers’ claim under letter dated December 23, 2009. The carrier acknowledged receipt of the summons and complaint; and advised that it would defend the insured under a reservation of rights. The carrier intervened in the buyers’ lawsuit; and moved for summary judgment arguing that the buyers’ claim was not covered under the particular policy because the claim had not been timely reported. The circuit court ruled in favor of the carrier finding that the December 23, 2009 letter specifically constituted a claim and that the insured did not timely notify the carrier of that claim. The circuit court reached this conclusion without addressing the issue [continued on page 16] MAY 14 15
Notice. . . [continued from page 15] of prejudice. The court simply noted that the notice was not timely. An appeal was taken. On appeal, the Wisconsin Court of Appeals reversed. Although the notice was not timely, the carrier had failed to demonstrate that it was “prejudiced” by the untimely notice. In reaching this conclusion, the court noted the following: 1. The statute does not differentiate between claims made policies or occurrence policies. Notice must be given in accordance with the policy terms and the statute. 2. The failure to give notice as required by the policy does not bar liability of the carrier under the policy if the carrier is not prejudiced. Under the statute there is a “presumption of no prejudice” if the notice is given within one year of the time set forth in the policy. If no notice is given as required under the policy, the burden is upon the insured to show that there is no prejudice to the carrier. Generally, whether a carrier has been prejudiced by untimely notice is a question of fact. Court decisions have indicated that a carrier is prejudiced by late notice when it is denied the opportunity to have input into how the underlying claim is being defended. The carrier is also prejudiced if its ability to investigate, evaluate and defend the claim has been impaired by late notice.
3. Based upon the undisputed facts of the case, the court concluded that the carrier was “not prejudiced” by the insured’s untimely notice of the buyers’ claim. The carrier simply has not submitted any evidence to rebut the prima facie showing that there was no prejudice. The carrier did not put forth any facts that would indicate that the carrier was hindered in its ability to investigate, evaluate or settle the claim or otherwise present an effective defense on the merits. The carrier had previously argued that it was “prejudiced” by the “mere potential of coverage” (i.e., having to pay the claim). That is not the kind of “prejudice” that is contemplated in the statute. Indeed, no facts were presented to show that the carrier was not in the same position it would have been with respect to the underlying claim, if timely notice had been given. The foregoing case presents a situation where, simply through a failure of proof, a carrier was required to provide coverage for a loss that had not been timely reported. Insureds, as well as intermediaries, should not construe this case as meaning that untimely notice does not relieve the carrier from defending or providing coverage for the claim. All this case stands for is that the carrier failed to demonstrate by requisite proof that it had been “prejudiced.” Timely notice is still essential.
Congratulations
to the YPC Scholarship Winners and Their Sponsors!
16 MAY 14
Student Name:
Sponsor Name:
College Christina Budzisz Emily Mei Scott Van Dyn Hoven
Josh Overlee — BWO Insurance Group, LLC Paul Dross — Dross Countryside Insurance Guy Van Dyn Hoven — Van Dyn Hoven Insurance Agency
High School Andy Achenreiner Robert Albinger Erin Bretzman Caleb Fredrickson Emily Lehner Taylor Wirsbinski Cora Wittmann
Gretchen Pangier — The Insurance Center Jim Schwalen — West Bend Mutual Insurance Company Thomas Paruobek — Paroubek Insurance Agency, Inc. Dan Keyes — Wisconsin Mutual Insurance Company Jim Stein — Associated Insurance Center of Sussex Jim Stein — Associated Insurance Center of Sussex Dave Wittmann — Dave Wittmann Insurance and Financial Services
Faking
Honesty is not a good E&O tool by Curtis M. Pearsall
The great comedian Groucho Marx once said, “The secret of life is honesty and fair dealing. If you can fake that, you've got it made.” As interesting as it may sound, it is probably fair to say that Groucho was not an insurance producer. If he had been, he may have been involved in an E&O claim or two. In the daily operation of an insurance agency, producers and customer service representatives will be “tested” on their levels of integrity and honesty. How those tests are handled can lead to significant consequences. Imagine facing the following scenario: As a producer/account executive/customer service representative, you are looking to write a specific account that, in the company's eyes, may not be a “perfect match.” Perhaps the account had a loss or two (or three). Maybe it’s a property account, with a significant amount of the building vacant. Quite possibly, the account was non-renewed by the previous carrier. The list of possibilities is virtually endless. As you complete the application, you arrive at the questions addressing these exposures. What are you thinking? Possibly, if you “bend the truth,” who will ever know? What could possibly happen if someone did find out? This issue has been the central focus of more than a handful of E&O claims. In practically all of these cases, the odds are stacked heavily against the agency. In most of these E&O cases, somehow the carrier did find out the truth and, when this happened, the agent caught the full brunt of the carrier's consternation. Agency staff interacts with carriers and wholesalers on a variety of application issues. The scenario could involve when the application was initially submitted or when the carrier underwriter contacted the agency with additional questions. Lying on an application to get an account written is wrong, dead wrong. If lying on applications is how you will conduct yourself, it’s advisable to find another occupation. There are thousands of honest, truthful producers who present the carrier with an accurate assessment of the risk and stand by the carrier's decision. Doing anything to the contrary gives the noble insurance industry a bad name. The best practice is to complete an application with the customer’s input. Ask all of the questions and don't presume
to know the answer to any of them. Where possible, visit the risk you are trying to insure. This enables you to speak with some degree of credibility on any subsequent conversations. Upon the completion of the application, require the customer to review it, and then require his or her signature, thereby attesting to the accuracy of the information. Don't presume that you know the answers when handling follow-up questions from carriers. Take down the questions, and then contact the customer to secure the answers. If the customer answers your questions over the phone or in person, document those discussions in the agency file. Send a letter or e-mail back to the customer that memorializes the discussion and the responses, and include a copy in your file. Customers often ask questions try to understand insurance and how it works. How the producer chooses to answer those questions is extremely important. Providing the customer with incorrect information is wrong. Suppose a producer thinks, “The only way the customer will know I was wrong is if they have a claim. What are the chances of that?” The producer is wrong. An anonymous quote summed it up best: “I’d rather be honest than impressive.” Should honesty be the basis of your carrier relationship? Yes! The consequences can otherwise be significant. While losing one’s license is a definite possibility, the carrier/wholesaler could decide to terminate its relationship with you. Don’t expect any carrier to be too understanding and accommodating if it finds out there has been a breach of honesty. Agency management should make it a goal to ensure that all sales staff knows honesty is the only way and anything outside of that will not be tolerated. Lying to your carriers has many significant consequences, including the damage done to the relationship between the agency and the carrier. In addition, if the carrier suffers a loss and believes it was misled into writing the account, it could rescind the policy, essentially leaving your agency as the “insurance carrier.” That’s definitely a position you do not want to find yourself in!
Curtis M. Pearsall, CPCU, AIAF, CPIA President, Pearsall Associates Inc. and Special Consultant to the Utica National E&O Program MAY 14 17
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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Attention Utica E&O Policy Holders: 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
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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.
MAY 14 19
20 MAY 14
The Reason Insurance Fail to Sell
Agents
by John Chapin
You can give agents all the sales skills training in the world. You can lay everything out and tell them exactly what to say and do in each and every situation and yet no amount of sales or product training will help them if they are too scared or comfortable at their job. When an insurance agent fails over the long haul, it is always a failure in activity, a failure to do the things necessary for success. The two reasons outlined below are why agents ultimately fail to do the necessary work and, in the end, fail to sell. But, don’t worry, here are some suggestions on how an agent can become a professional, independent insurance agent.
R
Reason No. 1: They’re scared. At the request of an agency owner, I sat down with a producer to listen to her make some prospecting calls. He was concerned because she hadn’t sold a single policy in five months. When she picked up the phone, she began to shake with fear. She then put down the phone and said, “I can’t, I just can’t do it! Not with you sitting here!” I offered to stand outside the door. When that didn’t work, I told her she could record the calls and I’d listen to them afterward. She then got up, marched into the agency owner’s office and said: “This isn’t going to work! I quit!” Whatever the fear (e.g., fear of rejection, fear of being yelled at or hung up on), all fears lead to extraordinary efforts to avoid doing the things necessary to be successful. They all leave the agent frozen and unable to do what needs to be done consistently.
Reason No. 2 : They’re comfortable. An agency owner recently said to me, “When the clock hits five, Jim runs out of the office like a scalded cat!” After asking a couple of questions, it became apparent why. Jim was fresh out of college with no student loans, he lived at home, his parents had bought him a new car and they also were paying all his bills. Jim’s base pay was $650 per week, plus benefits. That was more money than Jim had seen in his life, probably more than his buddies were making, and ultimately it was more than enough beer money. The bottom line: Jim was
comfortable and he had absolutely no motivation to take on the world and chase down business. That’s why he was running out at 5 p.m., and why he had only sold one policy in six months to … you guessed it … a family member.
Strategies Tip No. 1: Have a good working environment that is conducive to doing business and supports the agent. This includes proper incentive and recognition plans, good training, good support people and an office where other producers are producing and everyone is professional, generally happy, gets along, and everyone is treated with respect.
Tip No. 2 : Have strict standards and measurements of success for each agent and that they are measured against those every 90 days. Each producer needs to have reasonable, but challenging goals and objectives. It’s also important that you create these goals and objectives with the agent and you both agree they are attainable. Agents should be pushed out of their comfort zone, but they have to believe they can do what you’re asking of them.
Tip No. 3 : Each agent needs to be held accountable. You must hold their feet to the fire. If a producer does not hit his or her 90-day goals and objectives, you need to find out why, make the necessary changes and adjustments, and then review these with the agent in another 30 days to reassess how he or she is doing. [continued on page 22] MAY 14 21
Agents. . . [continued from page 21] If they are not hitting their goals, look at their daily activity
Tip No. 1: Take 100 percent responsibility for your life
and determine the problem. If they are simply not doing the
and truly commit to your job. Let your boss know you’re
necessary activities, you have to introduce the “fear” of losing
on board and you’re going to do whatever it takes to be
their job if they don’t get to work. This will move most of
successful and ask for his or her help.
your fearful and comfortable agents either to action or out the door. If they don’t move, and they continue to miss their
Tip No. 2 : Get disciplined, face your fears and get
numbers and skirt the necessary work, then you have to put
comfortable being uncomfortable. You simply must get
your foot down and move them out the door. Keeping these
yourself to do the necessary activities whether or not you
people around will hurt morale; cause you major headaches;
feel like it, whether or not you’re scared, and whether or not
and at the end of the day, you’re not doing yourself or
you’re comfortable.
them any favors. It’s time for them to go find themselves …
Tip No. 3 : Find your motivation. Why must you be
somewhere other than at your agency.
successful? What are the benefits if you succeed and the
Tip No. 4 : Remember that each individual is motivated
disadvantages or pain if you fail? If you have powerful
differently. Most are motivated by money, other incentives
enough reasons why you have to succeed, you will.
and gifts, but people also like recognition and appreciation. Let them know through your words and actions that you
Tip No. 4 : You control your own success or failure. It has
care about them, support them, and you want them to be
nothing to do with the economy, your parents or that bad break
successful.
in high school, at the end of the day it comes down to you.
For the agent in need
Chapin is president at Complete Selling Inc. He can be reached at
Here are some tips everyone in your agency can use to boost
johnchapin@completeselling.com.
their work performance:
Reprinted with permission from PIA Management Services Inc.
Jensen Awarded
Past Presidents Scholarship PIAW Executive Vice President Ron Von Haden presented the 2014 PIAW Past Presidents Scholarship to William Jensen (L). Will is a junior at River Falls and is majoring in Marketing Communications with an emphasis on insurance. His goal after college is to work in the insurance industry and eventually join an independent agency. In addition to his academic efforts, Will is also a member of the UW-River Falls “Falcons” football team. He is the son of Robert Jensen of Hometown Insurance Group, Inc. in Brillion, Wisconsin. The PIAW Past Presidents charge themselves an annual fee to belong to the Past Presidents Club. 100% of those fees go to an annual scholarship to a college student who is striving for a career in the insurance industry. This long standing tradition shows the continuing dedication of our former presidents, even though many of them are no longer in the in business.
22 MAY 14
MAY 14 23
PIA has a Hugely Successful
Federal Legislative Conference in Washington D.C. PIAW is one of the largest PIA State Affiliates and our group was well represented during the summit. We were able to meet with Senators and Congresspersons personally to discuss areas of concern and interest to all PIA members.
Trey Neher, Jeff Glass, Senator Ron Johnson (center), Tracy Oestreich and Jodi Cordes posed for a photo after a very productive meeting with the Senator.
The group of Neher, Glass, Oestreich and Cordes shared a light moment with Senator Tammy Baldwin in her office.
Congressman Reid Ribble (second from right) gave our group all the time we wanted to discuss the PIA issues before the photo-op.
Herriges, Kuhnke, Congressman Sean Duffy (center), Cordova and Clements paused for a quick photo after meeting with the Congressman in his office.
The PIAW team of Jeremy Cordova, LouAnn Herriges, Congressman Tom Petri (center), Dennis Kuhnke and Rick Clements enjoyed a lively conversation in the Congressman's office on Capitol Hill.
While at the Federal Legislative Summit, the PIA of Wisconsin group took time out to view the Washington D.C. metro area from a rooftop overlook near Arlington National Cemetery.
PIAW is so respected with our Federal Legislators that even though Congressman Paul Ryan was speaking on the floor of the U.S. House of Representatives when we visited, he had his staff escort our group to the Capitol and left the floor to personaly meet in a room just off the House floor! 24 MAY 14
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MAY 14 25
26 MAY 14
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Like an iceberg, what’s below the waterline is more dangerous than what’s above.
Sell Value, Not Price
What do you do when a buyer tells you, “It’s all about price this year.”? Prospects and clients don’t want to pay too much for insurance. Neither do you. This is true whether the market is hard, soft, or anywhere in between.
Y
by Edwin L. Lamont
Yet, when economic times are difficult, professional insurance agents face intense, price driven sales pressure. Plunging payrolls, reduced revenues, and shrinking property values by themselves decrease premiums. So do buyers who increase deductibles, lower limits, eliminate coverage, or, worst of all, go out of business. As remaining customers fight for survival, they shop insurance protection plans ruthlessly. Tough economic times, reduced rating basis, fewer clients, and cut-throat competition form a perfect storm of plummeting insurance commissions. What’s an insurance agent to do when buyers insist on cheap insurance as well? The answer? Provide the best value for every insurance dollar invested in protection. How do you do that? First and foremost, know the advantages and solutions you offer. Clearly identify your coverage, relationship, risk management, and service advantages. Be aware of the problems you, your agency, and your insurance companies solve for clients. When you know the value you provide insurance consumers, you form the foundation for handling price objections. Knowing your betterments is important. Believing that your advantages and solutions provide excellent value is critical. If you don’t believe you deliver better coverage, superior service, or relevant risk management options, then why should your customers believe it either? Exactly how do you communicate value? What can you say to get across your betterments, advantages, and solutions? How do you help insurance buyers understand that the problems you solve and advantages you offer increase profits or save time?
COST OF INSURANCE When customers emphasize the cost of insurance as the most important reason for doing business, do they mean it? Many do. Insurance premium is easy to compare when agents compete. Premium is equally obvious when seen on a bill or as an accounting entry on a financial statement. If your customer expects to have no claims and no service issues during the policy year, then it makes sense that they’d think premium cost is the best way to determine value – right? But, that‘s a huge assumption, isn’t it? Protection packages built to reduce premium potentially cost buyers dearly when a claim occurs. Dollars paid out because of high deductibles, exhausted coverage limits, or unanticipated retention have to be added to insurance premium to determine the true cost of insurance. Time is money, too. When service issues burden business owners and their staffs, revenue producing activities may stall and opportunities might be missed. So what is cost of insurance as viewed by your buyer? Too often it’s simply premium dollars; the price of protection charged by an insurance company and quoted by you. To help insurance consumers truly understand cost of insurance, think of it as an iceberg. Premium is merely the tip of that iceberg; the part everyone sees because it’s above the waterline. Deductible cost is unseen. Unplanned retention is hidden below the waterline as well. So are lost opportunity costs and “time is money” impact due to service issues. Like an iceberg, what’s below the waterline is more dangerous then what’s above. The Titanic didn’t sink because it hit the tip of the iceberg, did it? When negotiating, buyers may insist that premium (the tip [continued on page 28] MAY 14 27
Sell Value. . . [continued from page 27] of the iceberg) is most important. Professional insurance agents and risk managers know better. Can you think of even one company that went out of business because they paid too much insurance premium? Probably not. But, I bet you can find occasions when a company went out of business because they didn’t have the right protection plan in place. It’s what’s below the waterline that has the potential to sink a business. But, here’s the key. If you don’t believe it, how will you ever communicate this critical risk management concept to a buyer?
COMMUNICATE VALUE If you know the advantages you, your agency, and your insurance companies provide, what’s the most effective way to communicate your value to prospects and customers? What do you want to point out when a buyer focuses on price? More importantly, how will you say it? The best way to communicate value is to listen, probe, and then tie your advantages and solutions to your buyer’s interests. Lecturing a buyer on the benefits of your betterments is selling by telling. Rarely is selling by telling successful, yet agents do it all the time. Ever wonder why closing ratios of 10 – 25% are common among commercial insurance producers? It’s because many agents are talking too much and listening too little. Instead, skillfully lead customers with questions that reveal the value you provide. To do this, you must know and believe your cost, coverage, relationship, risk management, and service advantages thoroughly. Before you try to handle any price objection, verify understanding of what you just heard. Don’t launch into an explanation without first confirming what you believe your buyer means. You may head down the wrong track. Don’t skip this step. Always confirm understanding before attempting to handle any price objection! Could “It’s all about price…” indicate service dissatisfaction? Perhaps, a service issue was poorly handled, or worse, wasn’t resolved to at all. Consider this; could a client have had no problems, no material service issues, and paid every premium bill on time? Sounds like an ideal client, doesn’t it? Be careful. It’s exactly the type of client that could be wondering “Why am I paying so much insurance premium and receiving so little attention?” Poorly handled service issues or absence of service altogether are legitimate reasons for a buyer to tell you, “It’s all about price this year.” “It’s all about price…” could be coverage related. A protection plan with high deductibles or loss sensitive features often results in additional out of pocket expense bourn by your buyer. So too do underpaid or denied claims. Customers who add the cost of deductible expense, loss sensitive plan payment 28 MAY 14
adjustments, and denied claims to premiums paid, have valid coverage reasons to say, “It’s all about price this year.” “It’s all about price…” could legitimately mean exactly that. The stresses on businesses due to cut-throat competition and the economic pressure may force your buyer into survival mode. By necessity all operating expenses, including insurance premium, need to be examined ruthlessly. You simply don’t know until you confirm what a prospect or client means when they tell you, “It’s all about price this year.”
TAKE IT TO THE STREET When you set negotiation rules or attempt to handle price objections, always confirm understanding first. Determine if the message you hear means what the buyer is saying. Probe. Get specifics. Determine acceptable conditions to meet. Ask “below the waterline” questions to see if your advantages, solutions, and the value you deliver are clear to your customer. When done skillfully, questions are the best way to communicate value. Build a success log documenting cost, coverage, relationship, risk management, and service advantages. Know when and how you’ve helped a customer reduce expenses, increase profitability, or save time. Success validates value. Create a solutions log to track the occasions you’ve solved problems for buyers. Solving a prospect’s problem is an excellent way to earn a new client. Solving a client’s problem is the surest way to retain their trust and keep their business year after year. Solutions anchor belief. Buyers buy value. Cost is how insurance consumer’s measure value when premium is weighed against coverage, relationship, risk management, and service benefits you provide. To know, believe, and communicate your advantages and solutions allows you to sell value, not price. Don’t succumb to a low bid mentality. It’s a trap. If you’re buyer doesn’t ensnare you, don’t set the trap on yourself by selling price instead of value. Separate yourself from your competition. Solve problems. Prove value. That way, “It’s NOT all about price this year.” Edwin L. Lamont CIC, CRM of the Lamont Consulting Group, Inc. is a national sales trainer of professional insurance agents. He’ll lead Sell Value, Not Price training at the Professional Insurance Agents of Wisconsin’s 65 th Annual Convention in Lake Geneva, Wisconsin on August 7, 2014. Sell Value, Not Price appeared in AMERICAN AGENT & BROKER MAGAZINE’s Strictly Sales column and is reprinted with their consent. Edwin Lamont Ed can be reached at lcgspeak@aol.com or 561.737.7388. Connect with Ed on LinkedIn at www.linkedin.com/in/edlamont.
We Can Help! David Pauly with CIC Scholarship recipient, Chris Backes at the CIC Commercial Casualty Institute conducted March 26-28 in Green Bay.
Capitol Insurance Companies awarded Chris $500 in honor of Dave’s retirement as CEO.
The Midwest’s Premier Cluster Group
The CIC Commercial Casualty Institute was fantastic and the amount of * 100% Ownership knowledge the instructors shared was Retained astounding. The instructors are caring * Increased Markets-Over Represented and really take the time to explain the information that will30 benefit you in your everyday work. They are not * just reading from a book but instead Knowledgeable Support Staff sharing real life situations that they have come across in their years of experience. I would Commercial Assistance - Placement like to express my sincere gratitude to David Pauly, retired CEO of Capitol * Increased and More Stable Contingencies Insurance for awarding me a * CIC scholarship. Rater I highlyProvided recommend the CIC Comparative Institute and I am already looking forward to my next one!!! * Retain 90% of Commission
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O n -L i n e E d u c a t i o n
Open to Anyone & Everyone
! piaW On-Line educatiOn OppOrtunities thrOugh o r T h e(MERG) N e w –EnomCEp l o y e e - N O C E For The NewFEmployee
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• Employee N e w A g e n Orientation cy Employee Orientation New Agency • Delivering Quality Service Delivering Quality Service • Personal Lines Coverage Basics Personal Lines • C oCoverage m m e r c i a l Basics Lines Coverage Basics Commercial Lines Coverage Basics
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Open tO AnyOne
Pre-Licensing William T . Hold S eminar s – 4 WI CE • Insurance •• V aSecurities riety of Topics
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F l oWilliam o d – T.4 Hold W I Seminars CE – 4 WI CE • Variety of Topics Ethics – 4 WI CE Flood CIS R O– 4nWI L iCEn e – 8 W I C E
•• CNFIP o m mApproved ercial Casualty I •Ethics Comm r c iCE al Casualty II – 4e WI • Elements of Risk Management • Life & Health Essentials CISR•OnLine I n s u r–i n8 gWICCE ommercial Property • 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 u r i n g P e r s o n a l A u t o Exposures • Insuring Personal Auto Exposures • P e r s o n a l L i n e s M i s c e l l a • Insuring Commercial Property n e o u s • Agency Operations • Insuring Commercial Casualty Exposures e b i nOperations ars • W Agency • 3 WI CE, No Exam, No Proctor
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MAY 14 29
ANOTHER SATISFIED PIA MEMBER! This email has been a long time coming. I want to express my thanks to the PIAW for awarding me the CIC Scholarship. I attended the Life & Health Institute in January in Middleton, WI. I found the class to be very informative & interesting. The class speakers/instructors were exceptional. The caliber of which I have not experienced before. I would highly recommend that everyone attend these classes as they are phenomenal. The people attending this event were very friendly and a pleasure to meet. I plan on attending more clinics and getting my designation. My wife and I also attended the PIAW Winter Getaway in Minoqua. We had a very enjoyable time and once again made new friends. The speaker that we had was very informative and made the time fly by. I am continually encouraged by the caliber of these events. Keep up the great work. We plan on seeing all of you at the ball game in April. Ed Jeziorny
Lakeshore Financial Group, LLC
Attention CICs!
Exciting update options; they fill up quickly.
CIC Graduate Ruble Seminar October 14 & 15, 2014 | Radisson Oneida Casino – Green Bay, WI February 19 & 20, 2015 | Hilton Garden Inn – Milwaukee, WI 16 WI CE (4 are optional Ethics)
visit www.piaw.org or call PIA at 1-800-261-7429
Certified Insurance Counselor Each Approved for 20 Wisconsin CE Credits
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agency management
June 17-19, 2014 Crowne Plaza Miwaukee Airport 414-764-5300 $92 room rate through 5/18/14
August 19-21, 2014 Radisson Paper Valley Hotel–Appleton, WI 920-733-8000 $99 room rate through 7/21/14 includes hot breakfast
• commercial PROPERTY COVERAGES & ENDORSEMENTS • COMMERCIAL PROPERTY CAUSES OF LOSS FORMS & ENDORSEMENTS Kevin Amrhein, CIC • COMMERCIAL INLAND MARINE COVERAGES John Dismukes Jr., CIC, CPCU, AAI, AIS • TIME ELEMENT • BUSINESSOWNERS POLICIES • commercial PROPERTY CASE STUDY Catherine Trischan, CIC, CRM, ARM, AAI, AU CRIS, MLIS
NEW WI CE Course # 69300
Day One: 8:00 – 5:15
Day Two: 8:00 – 5:00
Approved for Utica E&O Premium Discount!
• the agency as an organization John Dismukes Jr., CIC, CPCU, AAI, AIS • managing and sustaining financial strength • HUMAN RESOURCES Mary LaPorte, CIC, CPCU, CPIA, LIC, CPIW • agency productivity and effectiveness • legal & ethical responsibilities Lisa Burnside, CIC, CPCU
WI CE Course # 69165 Includes 4 WI Ethics Credits! Day Three: 8:00 – noon, Optional Exam 2:00 – 4:00
$405.00 per institute. Register at www.piaw.org or call 800-261-7429.
30 MAY 14
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 MAY 14 31
Fraud
Every Business is at Risk by Chuck Gallagher
A
At first when his wife said that Sargent Willis was on the phone and had some questions, Reverend Bobby thought he might have run a red light and was caught by a traffic cam. Sadly, the actual problem was much graver. The police officer began to question him about Sue Hardy, the church’s treasurer, and the role she played in the church’s business affairs. It seemed that there were some suspicions of financial impropriety, and that Sue was the likely perpetrator.
32 MAY 14
The Shock of a Collapsing Illusion We hear a lot these days about identity theft, Internet fraud, email scams or Wall-Street defalcations, but the truth is most organizations are more vulnerable to fraud than they might think. Whether it is a church, a non-profit or a small business that you’ve put blood, sweat and tears into, the chance that you’re at risk for fraud is substantial. The conversation between Reverend Bobby and Sargent Willis led to arrest and conviction of what Reverend Bobby once described as a pillar of sainthood in their small but growing church. Sue was a Christian’s Christian. The backbone of the church, Sue gave of her time, taught Sunday school and was the treasurer for years. Sadly, regardless of the type of organization, most frauds take place from within the company’s own ranks, and more times than not, by trusted individuals that we would never suspect. By their nature, small businesses, non-profits or associations are typically run on a shoestring budget, which makes staffing tight and internal controls limited. And while most people are trustworthy, external factors can create a need that, combined with opportunity and a dose of rationalization, create the potential for unethical and fraudulent activity. When the perfect storm of fraud hits and the illusion fades into reality it becomes clear the devastation that fraudulent activity creates. Every choice has a consequence and the consequences of fraud are significant and far-reaching.
What to Look For Let’s use the example of Sue above to frame the discussion about how good people make very bad choices, which leads to fraud. According to the Association of Certified Fraud Examiners the following are red flags for fraudulent behavior: 1. Most frauds are committed by people who have worked in the organization for a number of years. People who have ten years or more of experience with the organization cause higher fraud losses. Why? The answer is simple: the longer a person is employed within a company, the greater the trust and responsibility. Likewise, trusted employees are not often considered likely candidates for fraud. 2. Individuals in one of six departments commit the vast majority of all frauds: accounting, operations, sales, executive/upper management, customer service and purchasing. If fraud occurs in your business, it is likely by someone who has opportunity; individuals in these six areas have the greatest opportunity to violate trust. 3. Fraudsters displayed one or more of these red flags before or during the commission of the fraud: living beyond means, financial difficulties unusually close association with vendors
or customers, and excessive control issues. Any of these behaviors could be a sign of impending danger. In looking back on the situation, Reverend Bobby could have seen disaster coming. Sue was a trusted member of the church holding her position for more years than Reverend Bobby had been there. Not that longevity is a bad thing, but church leadership could have required a change of roles from time to time disrupting the natural flow of funds. Typically when things change inappropriate behavior comes to light. But, beyond Sue’s tenure, she was quite protective over the money and monetary processes for the church. Excessive control is a significant sign that something might be amiss. When people are unwilling to let go of their control, take a vacation or insist that only they can do the task, leadership should step back and examine the role and function more carefully. Finally, in Sue’s case, there never seemed to be enough. Sue received calls often from creditors. Consistently she would either quickly hang up, showing her dissatisfaction with the call received, or take the call on her cell phone, out of ear shot, and return to work irritated at the interruption.
Final Outcome In the end, Sue embezzled over $200,000 from the church where she was trusted. The discovery was both a shock and disappointment to Reverend Bobby and the entire congregation. Every choice has a consequence. Sue’s choices – made over time – created significant consequences. Today she is serving a prison sentence that will leave a permanent scar on her and those close to her. Bobby shared that he now understands the importance of his role in this whole troubling problem. As management, Bobby has a responsibility to understand the three components of unethical behavior and often-illegal behavior: need, opportunity and rationalization. Most importantly, Bobby knows that with some minor changes Sue might have, although tempted, been prevented from making those dangerous choices, which led to an outcome that no one wanted. As a manager of your organization, what steps are you taking to protect your most valuable assets – your employees – from making dangerous decision that impact them and your organization? Chuck Gallagher is the President of the Ethics Resource Group and an international expert in business ethics. Chuck provides training, presentations and consultation with associations and companies on ethics and creating ethical cultures where people do the right thing, not because they have to, but because they want to! Information can be found at http://chuckgallagher.com or Chuck can be reached via email at chuck@chuckgallagher.com or by phone at 828.244.1400.
MAY 14 33
Dynamics of Service When you attend you will:
Denise Semrow CIC, CISR, AIS SECURA Insurance
• Tune up your professional competence.
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• Become a more valuable, more productive and more satisfied employee. ()*234!,-#%./+!0++1234!5)-0+,6!#-!;#%/=!$#%!/20+!)99+66!,#!5)3$!5#-+!5)-0+,67! • Improve your people skills dramatically.
,@+!)36;+-!26!A#.+-,6#3!A$)3 Thirty-four percent of Customer Service Representatives surveyed say their biggest frustration is dealing with difficult people. The answer to this frustration is to provide specialized training to your CSRs so their responses, and ultimately, whole BC!$#%!)6!#;3+-!;)3,!,#!61+3=!/+66!>5+!#3!)=52326,-)>#3!.%,!9#3>3%+!,#!#;3!,@+! relationships, change for the better. .##0<!,@+!)36;+-!26!A#.+-,6#3!A$)3 BC!$#%!)6!#;3+-!;)3,!,#!6+//!$#%-!)4+39$<!,@+!)36;+-!26!A#.+-,6#3!A$)3 OPEN TO ANYONE July 16 • 2014 BC!$#%!;)3,!5#-+!9#3626,+39$!23!+)-32346<!239/%=234!1-#?,!6@)-234<!,@+!)36;+-!26! 7 Hours of Wisconsin CE Credit – Course # 63786 Holiday Inn Approved by Utica National for E&O premium discount. Call PIA for details. A#.+-,6#3!A$)3 Fond du Lac, WI
!
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8:00 am – 4:00 pm
The Dynamics of Service Program satisfies the update $155 includes: 123!455!26!789!4G2H9?!/2G937:2>!/I4>!B:!789!4>:J93C requirement for CISRs; no test, no dues requirement. materials • breaks • lunch You do not need to hold the CISR designation to attend.
D#!?3=!#%,!5#-+!,#=)$<!9)//!E)-$!F%-,#3<!G@2+C!H1+-)>34!HI9+-<!),!JKJLMMKLNOPQ Register at www.piaw.org or call 1-800-261-7429
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ROBERTSON RYAN & ASSOCIATES, INC.
Looking for Success? The Feeling Is Mutual. Rockford Mutual is committed to building strong agent relationships and offering competitive products and outstanding claim service. And that means, when you’re successful, we’re successful. Ready to get started? For more information about becoming an independent agent for Rockford Mutual: please contact us at 815/489-3158 or visit www.rockfordmutual.com
34 MAY 14
Congratulations to the New
CPIA s !
Certified Professional Insurance Agent
Visit www.piaw.org or call 1-800-261-7429 for more information.
(left to right) Rick Kokan, Laura Foth, Heidi Nienow, Pamela McKay, Instructor Angie Heavener
MAY 14 35
here when it matters most there when it matters most there when it matters most there when i
Competitive
In today’s crowded marketplace, Sheboygan Falls remains highly competitive in price and product offering. Price - Personal and commercial lines rates consistently among the most competitive in the state. Product – Superior products with enhanced coverages. And Sheboygan Falls agencies benefit from a total compensation package that’s one of the best in the industry.
To learn more visit www.sheboyganfallsinsurance.com or call Connie Jones at 800-242-7698 ext. 100
Remaining competitive in price, product and agency compensation… another way Sheboygan Falls is “There When It Matters Most.”
Help Build Your Family’s Financial Future With
PIA Trust Insurance Plans INSURANCE PLANS DESIGNED WITH LOCAL AGENTS IN MIND As a PIA Member* serving Main Street America, you and your employees have access to a variety of highquality, competitively priced insurance plans. Plans available include: > Basic Term Life** > Voluntary Term Life > Dependent Term Life > Hospital Indemnity > Long Term Disability > Short Term Disability > Business Overhead Expense > Accidental Death & Dismemberment
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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.
36 MAY 14
2014 Ethics & Hot Topics Seminars Anyone Can Attend! All Approved for the Utica Premium Discount!
4 Credit CE Day: $65 PIA Member / $90 Non Member 7 Credit CE Day: $155 (includes lunch) The full days, also known as William T. Hold Seminars, are an approved CISR update option. No dues required. John Dismukes CIC, CPCU, AAI, AIS
Patti Gardner CIC, CRM, CPCU
Todd Davis CIC
June 26
Holiday Inn – Rothschild Certificates of Insurance & Additional Insureds, Workers Compensation, Ethics (Patti Gardner) 7 WI CE, 3 of 7 Ethics – new course #s
8:00 – 4:00 p.m.
September 9 Holiday Inn – Fond du Lac Ethical Standards (Todd Davis) 4 WI Ethics CE, course # 65902
1:00 – 4:45 p.m.
Brookfield Suites – Brookfield Certificates of Insurance & Additional Insureds, Workers Compensation, Ethics (John Dismukes) 7 WI CE, 3 of 7 Ethics – new course #s
8:00 – 4:00 p.m.
November 11
$155 per course. Register at www.piaw.org or call 1-800-261-7429
ANECDOTES
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I still find each day too short for all the thoughts I want to think, all the walks I want to take, all the books I want to read, and all the friends I want to see. —John Burroughs MAY 14 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 A.F. Glass Insurance Center P.O. Box 1149 Lake Geneva, WI 53147 Phone 262-248-5555 Fax 262-248-5544 cordesjodi@gmail.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
CIC RUBLE GRADUATE SEMINAR Middleton (16 WI CE, 4 of 16 are optional Ethics) FULL
13-14 15
Hot Topic/William T. Hold Tomah (7 WI CE, 3 of 7 are Ethics)
4-5
CISR PERSONAL RESIDENTIAL Green Bay, Brookfield (7 WI CE)
17-19
CIC COMMERCIAL PROPERTY Milwaukee (20 WI CE)
26
HOT TOPIC/WILLIAM T. HOLD Rothschild (7 WI CE, 3 of the 7 are Ethics)
16
DYNAMICS OF SERVICE Fond du Lac (7 WI CE)
6-8 65 TH ANNUAL CONVENTION Lake Geneva (2 WI CE) 6
YPC GOLF OUTING Lake Geneva CIC AGENCY MANAGEMENT Appleton (20 WI CE, 4 of the 20 are Ethics)
21
CPIA 2â&#x20AC;&#x201D; IMPLEMENT FOR SUCCESS Appleton (7 WI CE)
9
ETHICAL STANDARDS Fond du Lac (4 WI CE)
11
CISR COMMERCIAL CASUALTY 1 Brookfield (7 WI CE)
15
CISR COMMERCIAL CASUALTY 1 Eau Claire (7 WI CE)
16-18
CIC PERSONAL LINES INSTITUTE Eau Claire (20 WI CE)
9
CPIA 3 SUSTAIN SUCCESS Wauwatosa (7 WI CE)
September 2014
19-21
38 MAY 14
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
October 2014
June 2014
July 2014
November 2014
Coming Events
August 2014
May 2014
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
14-15 RUBLE Green Bay (16 WI CE, 3 of 16 are optional Ethics) 16
CISR AGENCY OPERATIONS Green Bay (7 WI CE, 1 of 7 is Ethics)
22-23
CISR COMMERCIAL PROPERTY Rothschild, Madison (7 WI CE)
11
HOT TOPIC/WILLIAM T. HOLD Brookfield (7 WI CE, 3 of 7 is Ethics)
12-14
CIC COMMERCIAL CASUALTY Milwaukee (20 WI CE)
For All That Matters
facebook.com/acuitywow MAY 14 39
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
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