January 2018 Professional Agent

PROFESSIONAL AGENT January 2018

What's Inside?

Carrier Ratings.....................10 Customer Retention..........14 New Members.....................17 Restrictive Covenants.......18 YPC Scholarships Available................................21 Education Section..............22 Solid Business Practices...28 Entrepreneurial Life Cycle........................................32 11 Ways to Hook Customers.............................36

Digital Editions of PIAW Magazine Available at www.piaw.org

FEATURED MEMBER BENEFIT:

UPS Discounted rate See details on page......31

Independent Insurance Agents Every day, you as independent agents put on a rocking show for your clients. We are proud to give you a standing ovation!

From the

President Jodi Cordes, CIC, CRM, CPIA — President, PIA of Wisconsin

Happy New Year!!!

Welcome to 2018. Most of us have already set our goals and annual resolutions for the New Year. This is the time of year that we are excited about new beginnings and ambitions. We have something to change. Do you want to lose weight, start an exercise program, sell more accounts, or volunteer more???

So many things we look at wanting to improve. How about this, make it simple… My resolution is “to change, to become a better me.” Don’t set yourself up for a make a resolution that is useless or in vain. Instead, make it a reminder that you want to be a better you.

Looking back to 2017, PIAW has been continuing to improve and be a better association for the members. YPC has continued and increased the amount of scholarships they have given out. Education has increased ways for agents to get their education and working with company members to provide scholarship opportunities. Agent Services has come up with new products for the members which include Auto Accident kits available for purchase of $1 each. Convention has done some adjustments to improve Winter Get Away in February and August convention.

In addition to the hard work all the committee have done, the Legislative committee and our lobbying team have been very active as well. This is where the PIAW gets involved with the issues that are important to our insurance industry and as small business owners in the State. Two things I would like to bring to your attention on the PIAW Legislative page on the website:

On the legislative page we have linked the current “Legislative Bills of Interest”. By clinking on this link you will be brought the PIAW Legislative page through Wisconsin.gov. Once you are here, click on the “Lobbying Interests” and you will be able to see all the Bills that the PIAW is involved with and working on for our members. It will provide information on what the bill is, and the association’s stance with this bill. Great information on the bill and who also is in favor, or opposed to the bill.

The second section of the PIAW page talks about the PIAW Legislative Conduit and how you are able to contribute to this fund. The PIAW conduit is only for State candidates. On November 6th, 2018 all 99 State Assembly seats are up for election, as well as 17 of the 33 districts of the State Senate.

If you already contribute to a candidate, consider contributing through the PIAW Conduit. That way you will still be credited as well as the PIAW Association. You can specify where your funds go and you always sign off prior to the PIAW dispersing your funds to a candidate. This is a big year for elections in Wisconsin and we as an association can pull together and support our legislators and make a difference in numbers. If even just one person in each member agency contributed at least $20 to the PIAW conduit we would have over $12,000 available to support candidates as a group. It doesn’t take much if we can all do a little.

1) Current Legislative issues and 2) Legislative Conduit

JANUARY 18 3

Memos from

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

Failing to plan is planning to fail.

A NEW YEAR….planning required. What will 2018 bring for your agency? My guess is: Nothing if you haven’t done some serious planning. Most successful agencies spent time near the end of 2017 reviewing where they were, where they wanted to go and how they were going to get there. If you didn’t go through the planning process, there is still time to do the analysis, put the plan on paper (OK, in your computer) and take the steps necessary to implement the plan.

The old saying “If you do what you always did, you will get what you always got” is certainly as true today as it was many years ago. Or how about “Failing to plan is planning to fail?”

PIA is here to help you gain professionalism, educate yourself and your staff, get advice from other successful agents and make yourself more profitable. We can provide materials to members to guide them to where they want to go. Just ask and we will deliver.

The Importance Of Checking Insurance Provisions In A Commercial Lease: Our insured’s sign leases on a regular basis and many times the lease can have significant insurance implications. While not attorneys, agents do have the skills and experience to help insureds review the insurance provisions in a lease prior to signing the document. A recent PC360 article highlighted these insurance provisions in leases that clients need to be aware of: 1) Who is responsible for insuring what?

2) There should be insurance requirements for both parties. Not only should there be insurance requirements for the tenant, but the landlord insurance requirements should be spelled out or the

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4 JANUARY 18

tenant could be left with significant exposure. Each party should name the other as an additional insured and provide evidence of insurance. 3) Who carries the liability burden and where?

The tenant is typically responsible for the space they occupy, the landlord responsible for other areas, and the landlord held harmless for incidents that occur in the rented space. The tenant should also ask to be held harmless in areas that they don’t control (such as the parking lot) or they could be pulled into a lawsuit from those areas. 4) Does the leaseholder have enough coverage for leasehold improvements? While the improvements typically become property of the landlord at the end of the lease it is up to the tenant to provide insurance on them. And 5) Does it include a mutual waiver of subrogation? This should be included in every lease or the tenant could be sued by the landlord’s carrier to recover amounts up to the entire building/ contents values. If the lease is written fairly, both parties should be responsible for what happens in the spaces they control and not pulled into lawsuits over areas that they don’t control.

BOOMERS ARE RETIRING and Millennials are willing to fill the void. According to PC360, 82% of millennials would recommend a career in insurance to their friends and 39% were recruited by friends in the industry. They are delighted with the career growth opportunities, rate of compensation and work-life balance. Recruit a millennial to fill your void!

AND REMEMBER…..Never look back unless you are planning to go that way!

PIAW Legislative Committee

With the State Capitol in the background, PIA’s legislative committee pours through a full agenda of issues that are important to members. The committee meets with our lobbyists, legislators, regulators and industry players to determine the right approach to all the proposals brought to the legislature every session. They are diligent in their efforts on your behalf.

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JANUARY 18 5

From the

Boardroom Brian MacGillis, CPIA, Director of PIAW

What PIA has given to me...

When I was elected to the board over six years ago, the expectation was to take my ideas and suggestions to the board to help better our association. Looking back now as a past president, there were plenty of opportunities to make my opinion known to fellow board members, and many articles written to our vast agency membership on the growth and success of PIA over the last six years.

But as the years passed on, I came to realize that PIA has done so much more for me, and I would never be able to repay this association.

Legislative Knowledge: Before my time with PIA I had a very limited scope about what actually was happening in Madison and Washington DC as it pertains to insurance. Years later, I can more intelligently discuss current topics, trends, and expectations for our industry and our local laws with my customers. I encourage you to stay in tune with legislative happenings in Wisconsin and nationally that impact our industry. Your customers (and prospects) will thank you for it.

Education: PIA of Wisconsin remains the leader in insurance education and the gap has widened. Education events like CIC and CISR have become more available and efficient. New educational programs like the CPIA have helped to increase the sales knowledge of those attendees and have firmly etched PIA of Wisconsin as one of the top education associations in the entire country. Keep an eye out for great future offerings from your education leader.

Leadership: Certainly my time as president of your association has helped me in my family and business life as a leader. If you are a large agency owner and you want your sales staff to learn high level leadership skills, no $5,000+ out of town seminars are necessary. Please just support your people by allowing them to serve on a PIA committee or run for the

board. There is no greater leadership seminar than that!

Agency growth and protection: Even with additional time spent out of the office, our agency has grown exponentially in the last six years. A good piece of the credit goes to PIA, as I have had the opportunity with other agents to discuss problems, challenges and goals. I learn something new at each meeting I attend from my competitors that helps me with my own business.

Enhanced relationship with carriers: Multiple conventions and discussions with company/agency related issues have come up, and have helped to enhance my own personal relationship with my companies. I have also fostered relationships with companies that we do not represent, knowing that we may be working together in the future. There is a lot more to PIA then just coming to an event and socializing with others. The relationships that have been built over the last six years has been a direct result of my time on the board, and I would encourage those you are on 'the fence' about running for a board position to look at the above information as reason to get involved.

Lifelong friendships and resources: I have had the privilege of serving with one of the best executives that has ever run an association. Ron Von Haden is such a credit to our state and our great industry.

In addition, I have served with many fantastic and dedicated insurance professionals on multiple committees and the board.

Thank you to all of you for your confidence and trust, and more importantly, thank you for all that you have given to me. The best is yet to come, as the current board and committees boast so many fine individuals with outstanding ideas, which will push our association even further. God's richest blessings to all of you, and see you at the next PIA event!

"There are two types of people who will tell you that you cannot make a difference in this world: those who are afraid to try and those who are afraid you will succeed."

- Ray Goforth

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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 Cody Atkins, 2304 Talc Trl., Verona, WI 53719, had 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.

Scott K. Decker, 1282 Monterey Trl., De Pere, WI 54115, had his application for an insurance license denied for 31 days.

This action was taken based on allegations of failing to disclose criminal convictions on a licensing application.

Marilyn Bell, 2617 Smithfield Dr., Apt. 7, Fitchburg, WI 53719, had her application for an insurance license denied.

This action was taken based on allegations of failing to disclose a criminal conviction on a licensing application and having a criminal conviction that may be substantially related to insurance marketing type conduct.

Amber M. Douglas, 9900 45th Ave. N., Apt. 208, Plymouth, MN 55442, had her 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 Arizona, Delaware, and Wyoming on a licensing application.

Angelea Bielefeld, 2228 2nd St., Eau Claire, WI 54703, had her application for an insurance license denied for 31 days.

This action was taken based on allegations of failing to disclose a criminal charge on a licensing application.

Anne Caulum, 308 Sunset Dr., Holmen, WI 54636, 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.

James L. Charles, 9407 Creek Summit Cir., Richmond, VA 23235, had his application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose a criminal conviction and administrative actions taken by the states of New York and Kentucky on a licensing application.

Andrew E. Cisewski, N156 W20476 Berry Patch Rd., Jackson, WI 54601, agreed to pay a forfeiture of $250.00 and agreed to timely and fully report to OCI all matters requiring disclosure. These actions were taken based on allegations of failing to timely report a criminal conviction and failing to disclose it on a licensing renewal application.

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Jason P. Dummer, 5678 W. 109th Cir., Westminster, CO 80020, agreed to the issuance of a 1-year probationary insurance license with certain reporting requirements. This action was taken based on allegations of previously owing delinquent child support and having administrative actions and a probationary license issued by the state of Colorado.

Michael Edwards, 13189 Granger Rd., Garland Heights, OH 44125, 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 Georgia, Louisiana, and North Carolina on a licensing application.

Allicia S. Ellick, 18191 S.W. 104 Ave., Miami, FL 33157, had her 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 Florida on a licensing application.

Mitchell F. Fink, 811 N. Woods Ln., Waukon, IA 52172, agreed to surrender his insurance license and agreed not to reapply for licensure for a minimum period of 4 years. He further agreed to pay a commission disgorgement of $12,278.24 and a forfeiture of $250.00 to OCI. These actions were taken

based on allegations of making multiple misrepresentations on a licensing application and conducting Wisconsin insurance business in violation of a previous stipulation and order with OCI. Joy Ganz (aka Joy Lynch), 1101 Saunders Rd., Apt. 9, Kaukauna, WI 54130, had her application for an insurance license denied. This action was taken based on allegations of providing material misrepresentations on a licensing application and having criminal convictions that may be substantially related to insurance marketing type conduct.

Grant B. Gassman, 5600 Madison Ave., No. 3, Sacramento, CA 95841, had his application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application.

Scott O. Hicks, 6939 W. Glenbrook Rd., Milwaukee, WI 53223, 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.

Andrew Kerfin, 2035 Norhardt Dr., Unit 11B, Brookfield, WI 53045, had his application for an insurance license denied.

This action was taken based on allegations of failing to disclose pending criminal charges on a licensing application and providing false information to OCI. Daniel Kile, 2850 Cimarron Trl., Apt. 2, Madison, WI 53719, had his application for an insurance license denied for 31 days.

This action was taken based on failing to disclose a criminal conviction on a licensing application and having a criminal conviction that may be related to insurance marketing type conduct.

Ronald D. Ledford, 375 Ridgewood Dr., Daphne, AL 36526, had his application for an insurance license denied for 60 days.

This action was taken based on allegations of failing to disclose administrative actions taken by the state of Alabama on a licensing application.

Roger J. Lovretich, 433 Krattley Ln., Hudson, WI 54016, had 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.

Cindy McConnell, 23036 N. Main St., Ettrick, WI 54627, had her application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application and failing to disclose alias names used.

Conor McGee, 1244 Wisconsin St., Oshkosh, WI 54901, had his application for an insurance license denied. This action was taken based on allegations of having criminal convictions that may be substantially related to insurance marketing type

conduct.

Antoine McNeail, 4534 Commercial Ave, Madison, WI 53714, had his application for an insurance license denied. This action was taken based on allegations of owing delinquent child support.

Sally Jo Perkins, 284 E. Lafayette St., Springfield, MO 65810, had her application for an insurance license denied. This action was taken based on having administrative actions taken by the states of Missouri and Wisconsin, owing delinquent taxes, exhibiting evidence of financial irresponsibility, and failing to respond promptly and completely to inquiries from OCI. Joyce L. Phillips, 115 N. 12th St., Mitchell, IN 47446, 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 and failing to respond promptly to inquiries from OCI. Carrie J. Pulaski, P.O. Box 454, Okauchee, WI 53069, had her 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.

Calvin T. Schave, 4620 Frey St., Apt. 208, Madison, WI 53705, had his application for an insurance license denied and his administrative proceeding dismissed. These actions were taken based on allegations of having criminal convictions substantially related to insurance marketing type conduct and failing to appear at a scheduled hearing.

Corey S. Sorenson, 2108 University Dr. S., Ste. 106A, Fargo, ND 58102, had his application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose administrative actions taken by the states of North Dakota and South Dakota on a licensing application.

Lucinda M. Stanford, 826 Hwy. K, Wisconsin Dells, WI 53965, had her application for an insurance license denied.

This action was taken based on allegations of failing to comply with the terms of a previous administrative order; failing to disclose criminal convictions, a lawsuit, and an administrative action taken by the state of Wisconsin on a licensing application; having criminal convictions that may be substantially related to insurance marketing type conduct; and failing to timely reply and provide required documentation to OCI. Mark R. Walkowiak, 1929 E. 11th St., Superior, WI 54880, had his application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose a criminal conviction on two Wisconsin licensing applications.

Lisa Wallace, 12482 Warfield Ave., Baton Rouge, LA 70815, had her application for an insurance license denied for 60 days.

(Continued on page 34) JANUARY 18 9

Carrier Ratings: Do You Have the Necessary Process in Place?

by Curt Pearsall, CPCU, AIAF, CPIA

Over the next few months, rating agencies such as A.M. Best, Demotech, S&P, etc., will be carefully dissecting the financials for nearly every insurance carrier in the marketplace. Based on these reviews, there is the potential that some carriers’ ratings could change. Does your agency have a process in place to manage this key issue?

Managing Carrier Ratings Every agency should have an established minimum financial rating for the carriers they do business with. While a minimum rating of “A-,” using the A.M Best rating approach, is common among agencies, how your E&O carrier addresses insolvency in the policy form should be a consideration.

As rating agencies begin to publish their findings, it is vital for your agency to have a process to secure the most up-to-date information. There are many approaches. Based on the number of carriers your agency does business with, including carriers used by the wholesalers you do business with, identifying carriers’ ratings can be a time-consuming process. It is suggested that agencies look for an automated approach to secure this key information.

A.M. Best has a tool that is part of its Key Rating Guide that provides email alerts on important information pertaining to various carriers. There is a fee for this service, but the information is timely. Visit www.ambest.com/sales/krg to learn more. The website includes a video demonstrating the guide’s capabilities and functionality to help determine if this approach is right for your agency.

Get It in Writing Not many carriers are downgraded each year. For example, an agency could have a carrier going from “A+” to “A.” While agency management may want to examine the situation more closely, there will probably not be any further action needed. But what would your agency process be if one of your carriers was downgraded from “A-” to “B”? If this happens, identify the clients with those carriers. If the carrier is used by a wholesaler, the wholesaler should be able to provide this information unless that information was captured in your agency system.

It is then suggested to give those clients a written notice. The document should explain the situation advising the client that the coverage was placed with an insurance carrier that was recently downgraded. The explanation of the rating as provided by the rating agency should be included. For example, in the A.M. Best methodology, a “B” rating is defined as “Fair,” a “B+” is “Good,” etc.

Inform your client that you are not in a position to attest to the carrier’s future status and that there is the potential for the carrier to be unable to satisfy its obligation to pay claims. A primary goal of this written document is to educate the client to enable them to make an informed decision on whether they want to continue or discontinue coverage with the current carrier. Include language advising the client that the agency would be willing to remarket the account to a carrier with a higher rating. In addition, tell the client that there is no guarantee that the premium will be equal to or less than what the client is currently paying or that the coverage will be identical.

The client must make a decision and communicate that decision in writing to the agency. In essence, what direction does the client want the agency to take? Some agencies have the choices noted on a document and require the client to check the box that indicates their decision.

Be Ready There may not be many carriers whose rating changes in 2018, but what if one of those carriers is one you do business with?

Make sure you have the necessary process in place.

The material contained in this article is for informational purposes only and is not for purposes of providing legal advice.You should contact your attorney to obtain advice with respect to any particular issue or problem.

5-R-1216 Ed. 4-17

10 JANUARY 18

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What does ‘personalized marketing’ mean to customers?

Not what you may think.

A gap exists between how businesses view “personalized communications” and what “personalized” means to consumers. That’s what a study by McKinsey & Company researchers revealed. Here’s what consumers are looking for: 1. Recommendations they have not thought about or purchased. After online searches, the ads pop up, often endlessly. Consumers find it irritating. A better approach is offering them options during a search or in ads afterwards or giving them a ‘nudge,” as one retailer does: “If you can’t stop thinking about it, buy it.”

2. Talk to consumers when they’re in a “shopping mode.” Not easy, but buying behavior data may uncover patterns such as certain times of the month or of the year. Getting there a bit early is far better than being late.

3. Remind customers of things they may have looked at one time but may have lost track of or forgotten about, such as replenishing, something that was out-of-stock, sales of what they bought previously or searched for online.

4. Know customers wherever they interact with you. When a Starbucks’ customer places an order at a location other than their usual one, they’re asked if they really want to do it. The study found that most consumers aren’t bothered by location tracking.

5. Share value in a way that makes sense to customers. Base discounts, sale prices, and other offers on data from loyalty and direct-purchase programs as a way to foster greater loyalty—“Buy it now and get…..”

Takeaway: The researchers indicate that all this is not an exact science; however, the pursuit of bringing value that makes sense to customers is well worth the effort.

[Source: GrahamComm] JANUARY 18 11

Support PIA’s “10 for 2018” Campaign As a PIA member, you know that we strive to be continually engaged in state politics because critical decisions affecting all of our members’ businesses and our insurance customers are being made by the Wisconsin Legislature. As such, our lobbyists and our PIA legislative committee maintain daily involvement in state politics and continuous advocacy for our membership during the legislative session.

However, in 2018, we also want to increase our support for candidates for Wisconsin state office who support Wisconsin businesses and recognize the challenges that our members face.

This year is an election year in Wisconsin. All 99 State Assembly seats and 17 of the 33 State Senate seats are up for election. As such, we are asking each of our members to make a contribution – of at least $10 – to the PIA Legislative Conduit in 2018.

For less than the cost of lunch, you can support the PIA’s Legislative Conduit and help us reach our goal of 100% participation in the “10 for 2018” Campaign.

We seek to have EACH of our members contribute just $10 to PIA’s Legislative Conduit in 2018!

To put this request in context from a trade association point of view, PIA asks the Wisconsin legislature to act, or not act, in ways that support our industry and our Wisconsin companies for 18 months out of every 2 year legislative cycle – i.e., the 18 months that the legislature is “in session.” For the remaining 6 months, candidates for legislative offices turn to us and ask us to assist them with getting elected or reelected. This coming summer, the legislature

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is out of session, but we can actively participate in contributing PIA conduit money to candidates who recognize the concerns and challenges faced by our members.

In fact, the PIA Legislative Conduit is the best way for PIA members to contribute to state campaigns. It is a convenient and effective mechanism for us to pool individual contributions into one sizable check to candidates that we support. Individual contributors are noted on each check to candidates, so recognition of individual contributions is preserved. No distributions are made without express direction from the contributing member. Please note that all contributions to the PIA Conduit must be personal/individual contributions. (No corporate contributions are permitted.)

Small contributions go a long way when they are contributed with other PIA member contributions! Make your $10 contribution today!

Please see the next page or go to the PIA website and complete your conduit contribution form: http://www.piaw.org/images/PDFS/ PIA_Legislative_Conduit_form.pdf

By Jordan Lamb DeWitt Ross & Stevens S.C. PIAW lobbyist

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

Name:___________________________________________________________________________________ (Please Print)

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

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

State

Zip

Contributions are NOT tax deductible for income tax purposes. Donations must be made from Personal accounts only.

NO Corporate or Business Checks or Credit Cards accepted Return to: PIAW Legislative Conduit Account PIA of Wisconsin, Inc. ● 6401 Odana Rd. ● Madison, WI 53719 Fax: 608-274-8195 ● www.piaw.org ● Email: rvonhaden@piaw.org

By Denise Ciardello Peter Drucker famously wrote in The Practice of Management that the purpose of a business is to create and keep a customer.

Unfortunately, the latter of these is often overlooked. With the papers, online content and mailers filled with so many ways to attract new customers, what businesses tend to forget is that they spend almost three times as much on attracting new customers than retaining the customers they already have.

Every business has a culture, and the culture defines whether the office is customer, time or technology-focused, along with a sense of negativity or an attitude of joy. The standards and values of the team can become apparent to a customer as soon as the phone is answered. When the emphasis of the office is placed on exceptional customer care, the team becomes an asset that will continue to grow the business over time. The significance of creating greater customer satisfaction begins with a total team approach.

The following three ingredients form the secret sauce to create an office environment that generates raving fans, in turn developing an organic marketing strategy that brings in friends and family of your satisfied customers.

Personal Attention - Customer service is the first step in effective marketing. When a customer walks in your front door, how do they feel? Is it cold and sterile or warm and inviting?

Do you look up and smile when a customer enters the room? Do you realize that you can change someone’s entire outlook with a simple smile?

Personal touches, like shaking hands and individual greetings provide an immediate differentiator, and project a form of 14

JANUARY 18

professionalism that people expect from a business encounter.

By ensuring that someone feels like you are glad that they are there, they will only leave your office feeling happy—and even better—they will go tell all their friends..

Be Punctual - A major complaint from customers is the wasted time they spend in a waiting room or lobby prior to a scheduled meeting. Customers do not enjoy being forced to wait without knowing the reasons for the delay or how long the delay will be.

These long waits may be interpreted as a sign of disrespect for the time and efforts your clients and customers spend to ensure their calendars are clear.

Staying on schedule (or close to it) is a major factor in customer retention—perhaps even one of the biggest. There is a clear message of “indifference” that flows when people frequently experience long wait times.

Businesses should work to prevent delays by avoiding overbooking appointments and advising their clients and customers on the nature and length of delays. By merely explaining to a customer that the office is running about five minutes behind, it can immediately diffuse any anger or frustration.. Be honest with the patrons as soon as you know there will be a wait time.

Focus on Professionalism – This area is lacking in so many businesses. Is it because our society has become so casual and that is getting mixed up with how to remain professional? Here are a few parts of professionalism that a business may want to focus on: •

Dress appropriately -Your workplace attire may or may not

include wearing a suit and tie, but you are still a professional.

Whether you have to dress up for work, you wear a uniform or you wear scrubs, your appearance should always be neat and clean. A wrinkled outfit looks no better than a pair of ripped jeans. Wear the type of clothing your employer requires and take pride in what you are wearing. Generally speaking, revealing or tight clothing is a no-no. Avoid clothing that is too low, too high, too tight or too revealing.

•

•

Don't hide from your mistakes - As hard as it may be to do, take ownership of your mistakes and do your best to correct them.

Try not to make the same one twice. Never blame others, but set an example so that those who shared in the mistake can step forward and admit it. By the same token, don’t constantly call others out on their mistakes; rather, help to teach them the right way.

Be a team player - A true professional is willing to help his or her co-workers when they are overburdened. He or she isn't afraid to share knowledge, opinions, or simply an extra pair of hands. One person's success reflects well on everyone in his or her workplace.

Every facet of your business—large and small—is important, and customers will always appreciate excellent customer service. While you put so much emphasis on the new customer, what about the

returning customers? You need to woo each one equally. Give that personal attention that everyone longs for in every aspect of their lives. Treat customers with respect at all times. If you maintain a culture of respect, your customers will know that they are truly being well cared for. Stay on time; work together as a team to maintain that time schedule and when someone falls behind, let the customer know that there will be a wait.

Conduct yourself in a professional manner at all times; this includes how you look, what you say and how you treat others. Keep an open line of communication with your clients, and ensure prompt attention to any issues that may arise.

It doesn’t take a lot to create the secret sauce to customer retention— it just takes consistency and attention to detail. Most importantly, it takes a team.

ABOUT THE AUTHOR: Denise Ciardello is the co-founder of Global Team Solutions (GTS), an accomplished speaker, and author of the Office Management Gems series. Through her engaging keynotes and consulting, Denise provides unique insight, creativity, and humor for her clients. Her industry distinctions include serving as president of the Academy of Dental Management Consultants and membership in the National Speakers Association, and Toastmasters International. For more information on Denise Ciardello, please visit: www.GTSGurus.com.

BECOME A MEMBER OF AMERICAN ADVANTAGE For more than 15 years, our member agencies have maximized their revenue through: Increased Market Access Through AAIG, we are able to represent more companies by spreading the production requirements.

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Increased Contingencies By having all of AAIG’s premium volume combined for the contingencies, the percentages paid by the companies are significantly higher. With the premium combined, we are also able to absorb larger losses.

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JANUARY 18 15

9th Annual PIAW Winter Get-Away Registration Fee Only $119.00 Education presented

by Todd Davis, CIC

Jan. 31 – Feb. 2, 2018 The Waters of Minocqua $59.99 Two Queens Includes Deluxe Continental Breakfast 715-358-4000

Fee Includes

Two Dinners, One Lunch 10 WI CE Credits & Prizes!

Wednesday, January 31 2:00 – 5:00

“Insurance for Cyber Liability Threats” (3 WI CE # 6000013198)

5:30

Get-Away Fun at Island City Lanes Appetizers/Buffet Dinner Free Beer, Wine & Soda to 7:30 Bowling/Music by Tuck Pence Shuttle to and from Hotel

Thursday, February 1 8:00 – noon

“The Art of Asking Questions”

12:00

Buffet Lunch at The Waters

1:30

Northwoods Pub Adventure Buses / Pub Stop Fun / Prizes / Pub Beverages On Your Own Bus options to return to hotel or directly to Chef Rene’s

6:45 – 7:45

Buffet Dinner at beautiful Chef Rene’s At Timber Ridge Buses provided to and from hotel. Cash bar.

(4 WI CE # 45652, Utica Approved)

Friday, February 2 9:00 – noon

16

JANUARY 18

“What’s My Line – The Boundaries of Ethics

(3 WI Ethics CE #6000004746, Utica Approved)

NEW Members AGENCY Ace Insurance Group Inc. Madison, WI

Ixonia Insurance Agency Ixonia, WI

Stubler Insurance Solutions, LLC Oostburg, WI

American Advantage Ins. Group – P&L Agency LLC Muskego, WI

Lee & Associates Woodruff, WI

Van Drisse Ins. Agency, Inc. Luxemburg, WI

Magadance – Parrott Insurance Agency Eau Claire, WI

West Central Insurance Services Whitehall, WI

Hirschinger Insurance Agency Inc. Sun Prairie, WI I.K.C. LLC Racine, WI

Mid-State Insurance & Investment Services Mequon, WI

Insurance Service Center – De Pere LLC De Pere, WI

Northland Insurance Agency Rhinelander, WI

InsuranceGravy LLC Appleton, WI

Richards Insurance Agency LLC Richland Center, WI

WELCOME NEW MEMBERS! Please be sure to check out all of the member benefits you now have access to at www.piaw.org

There when it matters most to agents.

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But offering advanced technology equal to any national carrier isn’t enough. Donegal interacts with our agents to constantly look for ways to enhance our technology offerings.

Delivering superior technology, another way Donegal is “There When It Matters Most” for independent insurance agents.

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JANUARY 18 17

Lessons on Navigating the Minefield of Restrictive Covenants

By Michael J. Modl

Over the last several years, Wisconsin appellate courts have decided a number of cases that have changed the law regarding the use of restrictive covenants in employment agreements. The decisions have given both employers and employees additional guidance on the enforceability of employment restrictions. Manitowoc Company, Inc. v. Lanning is currently pending before the Wisconsin Supreme Court, which is considering the enforceability of a restrictive covenant that prohibited a departing employee from soliciting other employees of the company. The court heard oral arguments in the case in early September. Additionally, on September 7, 2017, the Wisconsin Court of Appeals issued a decision in which it ruled that three restrictive covenants were unenforceable.

If you use restrictive covenants (including covenants not to compete, provisions protecting confidential information, or provisions prohibiting solicitation of employees or customers), it is important to stay up to date on this area of the law and to modify your employment agreements as needed to minimize the possibility that a restrictive covenant will be deemed unenforceable.

Restrictive covenants in Wisconsin

suspicion by courts because the law encourages the mobility of employees. Generally, if a restrictive covenant is unreasonable, a court will not rewrite it to make it reasonable. Rather, the court will rule that the restriction is unenforceable. For example, if a restriction’s duration is three years and a court determines that a two-year period is reasonable but a three-year period is not, the court will not rewrite the restriction to make it only two years and then enforce it.

Like many states, Wisconsin has a specific law governing the use of restrictive covenants by employers. In Wisconsin, the law is Section 103.465. In general, a restriction must be reasonable, and it is the employer’s burden to demonstrate reasonableness. Wisconsin courts typically look at five factors in evaluating the reasonableness of a restrictive covenant. A reasonable restrictive covenant:

Additionally, until relatively recently, if any part of a set of restrictive covenants was found to be unenforceable, all restrictive covenants in the agreement were unenforceable. Wisconsin courts will now look at whether restrictive covenants are divisible.

(1) Is necessary for the protection of the employer; (2) Provides a reasonable time limit; (3) Provides a reasonable territorial limit; (4) Is not harsh or oppressive to the employee; and (5) Is not contrary to public policy.

John Karsten was a longtime employee of Terra Engineering and had served as its president and as a member of its board of directors.

In 1991, he signed an agreement that included restrictive covenants limiting his ability to engage in competitive activity against Terra during his employment with the company and following his separation from employment. Twenty-two years later, he left Terra and began working for Midwest Drilled Foundations & Engineering, LLC, Terra’s competitor. Terra claimed that Karsten directed

Restrictive covenants are generally disfavored and regarded with 18 JANUARY 18

Recent case

business to Midwest in violation of his restrictive covenants.

Karsten filed a lawsuit asking the court to declare that the restrictive covenants were unenforceable. Terra countersued Karsten for violating his noncompete, and added a tortious (wrongful) interference claim against Midwest. The trial court ruled that the restrictive covenants were unenforceable, and Terra appealed.

The first question the Wisconsin Court of Appeals addressed was whether Section 103.465 applied to Karsten’s restrictive covenants. The court had to make that determination because it decided Selmer Company v. Rinn in 2010. In that case, the court ruled that Wisconsin’s restrictive covenant law applies when either (1) the covenant is a condition of employment or (2) the employer possesses an unfair bargaining advantage over the employee.

In Karsten’s case, the court rephrased the test in the converse: Section 103.465 does not apply when a restrictive covenant is not a condition of employment and the employer does not possess an unfair bargaining advantage over the employee. The court concluded that Karsten’s restrictive covenants were a condition of employment even though they were contained in a stock option agreement.

After finding that the restrictive covenants were governed by the reasonableness analysis in Section 103.465, the court addressed whether the challenged restrictions passed the reasonableness test.

The court could have found that the restrictions were indivisible (therefore, if one failed, all three were unenforceable). Instead, it assumed the restrictions were divisible and examined the reasonableness of each of the restrictions.

The first restriction prohibited Karsten from working for a competitor in states or comparable foreign political subdivisions in which Terra sold or actively attempted to sell its products or services. The restriction had a two-year duration, which the court said was not unreasonable per se. Although there may be a question of whether the circumstances dictate that two years is too long, restrictions with a duration of two years or shorter generally are upheld. Longer durations generally are found unenforceable. In Karsten’s case, the court observed that the restriction lacked any meaningful territorial limitation. Also, Terra did not show how many states or countries it marketed its business in during the 12 months prior to Karsten’s separation.

Terra made two arguments for why the restriction should be deemed reasonable. First, it argued that it applied only to products and services over which Karsten had managerial control while working for the company. The court noted that “management responsibility” language may be an appropriate limitation in the right case.

However, in this case, Karsten was prohibited from performing similar work for anyone in any state or territory in which Terra had customers or had attempted to obtain even one customer during the specified period. That prohibition allowed Terra to include all potential customers in any territory where it marketed its business, even if it had no interest in soliciting the customers.

Second, Terra argued that Karsten held a high-level position. The court agreed that was a valid consideration, but remained concerned that the restriction was not narrowly tailored to Terra’s actual customers. To use the high-level-employee factor to establish the reasonableness of a restrictive covenant, an employer must show

why the issue makes a difference when comparing the individual to other employees—for example, midlevel managers or sales personnel. Thus, the court found that the restriction was overly broad and unreasonable.

The second restriction prohibited Karsten from working in any capacity that utilized his special skills in selling any products or services that were similar to Terra’s to any company to which Terra sold or attempted to sell its products during the previous 12- month period. It, too, was found to be overly broad and unreasonable.

There were two primary problems with the restriction: (1) There was no territorial limit, and (2) Karsten was effectively barred from soliciting customers Terra was unsuccessful in soliciting.

The final restriction the court examined is routinely used by many employers—a restriction on disclosing or using confidential company information. Karsten was prohibited from performing similar work that would reasonably be expected to use confidential information he acquired during his employment with Terra. The term “confidential information” was broadly defined, as it nearly always is in this type of restrictive covenant. The court did not quibble with how “confidential information” was defined, but it nevertheless found the restriction unenforceable for two reasons.

First, if Karsten engaged in similar work, he would be required to prove “beyond a reasonable doubt” that the confidential information had become public, if that was his argument. The court was troubled by the use of the high standard of proof, which typically applies only in the criminal context. Second, the restriction did not require the actual use of confidential information. Rather, it was enough that the similar work “would reasonably be expected” to use confidential information.

Also, the court questioned whether the Selmer Company decision remains good law in Wisconsin. After the Karsten ruling, it may be difficult for an employer to rely on the Selmer Company exception to persuade a court to uphold an otherwise questionable restrictive covenant. Karsten v. Terra Engineering & Construction Corporation, No. 2016AP2025 (Wis. Ct. App., Sept. 7, 2017).

Bottom line Preparing a restrictive covenant that is enforceable is always difficult, particularly given Wisconsin’s policy favoring employee mobility and the suspicion with which courts look at such restrictions. This area of law has become more complicated because of decisions coming from Wisconsin’s appellate courts. Some areas of the law are fairly intuitive. We all know that employers cannot fire or refuse to hire an individual because of his gender, race, or religion and that nonexempt employees typically must be paid overtime for all hours worked in excess of 40 in a workweek.

Restrictive covenants, including covenants not to compete, confidential information restrictions, and nonsolicitation agreements (for customers or employees), are far more nuanced. If you use restrictive covenants for some or all of your employees, be certain that your legal counsel has had an opportunity to review the agreements to ensure they comply with existing law.

ABOUT THE AUTHOR: Mike Modl is a partner with Axley Brynelson, LLP. He can be reached at 608-283-6702 or mmodl@axley.com.

JANUARY 18 19

SIA of the Great Lakes, LLC Member of SIAA

• $6.6 Billion in Premium • Full & highest commissions • Big is Better – size, clout, stability • No minimum volume requirement for profit sharing and excess compensation • 6,100 signed member agents can’t be wrong • Your clients and companies are always yours To learn how we can help you increase your agency income and value, contact us today. jharrison@siagl.com | 920.494.5000 | www.siagl.com

Attention:

Members, College Students & Technical College Students!

The PIA of Wisconsin’s Young Professionals Club wishes to award: up to

$25,000 in Scholarships!!!

• Do you know a student planning on attending or already attending college for insurance or a related field of study?

• If so, could they use up to $2,500 in scholarship money?

If so, we may have a scholarship for them!

Students: You must be sponsored by an active PIA Member *There is NO obligation to purchase insurance from your sponsor. In advance of submitting the application you should visit the PIAW website to find a PIAW member in your area who would be willing to sponsor you if you do not already have a member sponsor: www.piaw.org - membership/find a professional agent.

Make sure you have your sponsor’s referral paragraph before submitting your application.

You will need to copy and paste their paragraph into the form when applying.

To be considered for the scholarship, please submit the form by February 15, 2018. The online form is on our website www.piaw.org under Committees/YPC Events beginning January 1.

Professional Insurance Agents of Wisconsin, Inc. 6401 Odana Road Madison, WI 53719 ▪ (800) 261-7429 ▪ (866) 203-7461 www.piaw.org

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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

22 JANUARY 18

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

Certified Insurance Service Representative

Open to Anyone!

These courses will strengthen your ability to have productive, assured interactions with your commercial customers in the area of commercial casualty exposures and coverages.

CISR PERSONAL LINES - MISCELLANEOUS 7 WI CE Credits Course # 69340

Course Instructor Todd Davis, CIC

This course addresses the exposures created by watercraft, recreational vehicles, and business activities often encountered when working with personal lines clients. Prompting your client to identify these exposures is crucial, because the ISO Homeowners and ISO Personal Auto Programs provide only very limited coverage. You will be better able to design the appropriate coverage for these exposures. The course will also provide an analysis of the important coverage offered through personal umbrella or excess liability policies.

• • • •

Watercraft Exposures & Coverages Recreational Vehicles Business Activities of Personal Lines Clients Personal Umbrella/Excess Liability

It is recommended that students taking CISR Personal Lines Miscellaneous have already taken CISR Personal Residential or have a working knowledge of the Homeowners Policy Form.

March 22 - Appleton

LIFE & HEALTH ESSENTIALS 7 WI CE Credits Course # 69351

This course will help build a better understanding of what your clients need to know about life and health insurance. Explaining the benefits of having the proper life and health insurance is key to the financial wellbeing of your clients’ families and businesses. Be better prepared to answer questions about analyzing the need for and placement of life insurance.

• • • • • •

Course Instructor

Victor Puleo,PhD., CIC, CFP

Introduction to Life Insurance Term Insurance Permanent Life Insurance Health Insurance Concepts Regulation Consumer Driven Plans

April 25 – Madison April 26 - Tomah

CLASS SCHEDULE Instruction Group Lunch Optional Exam

8:00 a.m. – 3:45 p.m.

12:00 p.m. – 12:45 p.m.

4:15 p.m. – 5:15 p.m.

$170 Per Course Includes Lunch

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

JANUARY 18 23

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STAND OUT! Set yourself apart with the CPIA designation.

The PIA of Wisconsin is a proud sponsor of the Certified Professional Insurance Agent (CPIA) professional designation program. These three, one-day workshops teach practical "before", "during", and "after" sale techniques for insurance producers, sales managers, account managers and company marketing representatives. Completion rule, 3 years from first course. No exams. You do not need to commit to all three to attend one.

Participants leave with ideas that will produce increased sales results immediately. In fact, they are guaranteed: Implement the principles covered in these sessions and experience a 20% increase in personal production within six months, or your registration fee will be refunded!

The CPIA designation is maintained with a bi-annual attendance at one CPIA course or membership in the AIMS Society..

The AIMS Society is a national organization dedicated to providing interactive marketing and sales training, ongoing resources and networking opportunities to insurance professionals. www.aimssociety.org No Test. Approved for 7 Wisconsin CE credits. Utica approved.

While it is not required, it is recommended courses are taken in order.

CPIA 1 - Position for Success

CPIA 2 - Implement for Success

During this program, participants are encouraged to focus on internal and external factors affecting the development of effective business development plans.

Factors discussed include a review of the state of the insurance marketplace; analysis of competitive pressures; necessary insurance carrier underwriting criteria; and consumer expectations and understanding.

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

WI CE Course # 65338

WI CE Course # 65340

CPIA 3 - Sustain Success WI CE Course # 65339

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

Course Schedule 8:30 – 4:00 Lunch on Your Own 12:00 – 12:45 Registration Fee per Seminar Includes:

Seminar Materials, CE Fees & Light Break Items

 PIAW Member $172.00  Non Member $207.00

Back by popular demand!

Steve Becher, CIC, CPIA Register at piaw.org

CPIA 1 – July 24, 2018

CPIA 2 – July 25, 2018

CPIA 3 – July 26, 2018

All courses conducted at West Bend Mutual Insurance Company in West Bend, Wis.

24 JANUARY 18

Visit the Education tab at piaw.org for a complete list of topics, descriptions, webinar demo and registration.

Several approved for Utica credit. Ethics is offered each month.

Fee per Webinar: $55 PIAW Member, $70 Non Member – Includes WI CE fees.

January 2018 Webinar Schedule TITLE & WI CE

DATE

TIME (CST)

INSTRUCTOR

Getting Wise on Health & Wealth: Group Insurance & Savings Plans 3 WI CE 1010870

1/10

8-11a

Karin Klaassen, CLU, LUTCF

Insuring the Building Project: Builders Risk & Installation Coverage 3 WI CE # 1012638

1/10

12-3p

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

Cyber Liability: The 21st Century Peril 3 WI CE # 1012636

1/11

8-11a

Catherine Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS

Regarding Ethics 3 Ethics CE # 1010868, Utica Approved

1/11

12-3p

Kevin Amrhein, CIC

Current Trends & Changes: The Homeowners & Auto Marketplace 3 CE # 1012431

1/16

12-3p

Kym Martell, CRM, CIC, AAI

Money in Retirement Accounts: Options, Problems & Opportunities 3 CE # 1012436

1/18

8-11a

Jerry Rhinehart, CIC, CLU, ChFC, RHU

Worker’s Compensation Issues: Common Provisions and Rating 3 WI CE # 6000004677

1/18

12-3p

Jerry Hargrove, J.D., CIC, CPIA, SCLA, FCLA, PICS, LICS

And the CHAOS Continues: The Evolving World of Contracts, Hold Harmless, Add. Insureds and Other Stuff 3 CE # 1011189

1/23

8-11a

Jerry Hargrove, J.D., CIC, CPIA, SCLA, FCLA, PICS, LICS

Commercial Property Claims that Cause Problems 3 CE # 1012434

1/23

12-3p

Terry Tadlock, CIC, CPCU, CRIS

Your Agency Online: Communication Cure or E&O Plague 3 CE # 1012439 Utica Approved

1/24

8-11a

Chris Amrhein, AAI

Additional Insureds: The Quandary 3 WI CE # 1012432

1/24

12-3p

Robin Federici, CIC, AAI, ARM, AINS, AIS, CPIW

How to Be the Agent Advocate at Claim Time 3 CE # 1010878, Utica Approved

1/25

12-3p

Chris Amrhein, AAI

Register online at piaw.org or call 1-800-261-7429. Contact Brenda for in-house webinar opportunities. bsteinbach@piaw.org JANUARY 18 25

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New Topics! Each Approved for 3 WI CE Credits. Live. No Test. No Proctor.

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O n -L i n e e d u c a t i O n

Open to Anyone & Everyone ! www.piaw.org

For The New Employee - No CE 6-8 Week Virtual Classroom •

• • •

New Agency Employee Orientation Delivering Quality Service Personal Lines Coverage Basics Commercial Lines Coverage Basics

Pre-Licensing Education Webinars: 2-3 WI CE, No Exam, No Proctor •

Over 20 Topics

Hot Topics: 4 WI CE • • •

Variety of Coverage Topics Ethics Flood

All 9 CISR Courses – 8 WI CE All 5 CIC Institutes – 20 WI CE

UTICA

Gives You the Credit You Deserve!

The following PIAW education classes are approved for the Utica premium credit.

• Any CIC Update • CIC Agency Management • CISR Agency Operations • Dynamics of Service • Select PIAW Webinars • PIAW Conducted Ethics and E&O Seminars (classroom or in house) To register online and view upcoming CE courses visit www.piaw.org

26 JANUARY 18

Please contact Heidi Hodel, CIC, CRIS, Member Benefits Coordinator hhodel@piaw.org or 1-800-261-7429 to find out how you can benefit from Utica’s E&O Loss Control Program.

Each Approved for 20 Wisconsin CE Credits PERSONAL LINES

February 14-16, 2018 Crowne Plaza – Madison, WI 886-424-0835 $111 PIA room rate through 1/14/18 • • • • •

PERSONAL RESIDENTIAL COVERAGES Sidney Earl Aycock, CIC

April 11-13, 2018 Conducted at West Bend Mutual Insurance Company OPEN to ANYONE! $102 PIA rate through 3/10/18 Hampton Inn & Suites / 262-438-1500 • •

PERSONAL AUTOMOBILE COVERAGES RENTAL CAR COVERAGES Samuel Bennett, CIC, CPIA, AFIS, CRIS

• •

FLOOD PERSONAL UMBRELLA/EXCESS COVERAGES John Dismukes, CIC, CPCU, AAI, AIS

COMMERCIAL MULTILINE

• • • •

BUSINESSOWNERS POLICY COMMERCIAL INLAND MARINE CONCEPTS & COVERAGES Bernard Neff, CIC, CPCU CRIME COVERAGE & ENDORSEMENTS John Dismukes, CIC, CPCU, AAI, AIS CYBER EXPOSURES & COVERAGES EMPLOYMENT PRACTICES LIABALITY INSURANCE EXCESS LIABILITY/COMMERCIAL UMBRELLA COVERAGES Bettye Buffington, CIC,CRM,CPCU,ARMCPIA,AA,

WI CE COURSE # 69169 Day One: 8:00 – 5:15

Day Two: 8:00 – 5:00

WI CE COURSE #1011790 Day Three: 8:00–noon, Optional Exam 2:00 – 4:00

$415.00 per institute Register at www.piaw.org or call 800-261-7429.

CIC RUBLE SEMINARS Exciting update options for CICs, CRMs & now CISRs! 16 WI CE (Includes 4 optional Ethics)

January 17 & 18 | Graduate Ruble | Crowne Plaza Airport – Milwaukee WI May 16 & 17 | Graduate Ruble | Crowne Plaza – Madison WI October 10 & 11 / Graduate Ruble / Radisson – Green Bay, WI Visit www.piaw.org or call PIA at 1-800-261-7429

On-Line Insurance Pre-licensing Education

Exam FX

www.piaw.org

Online Training & Assessment

Pass your insurance test fast.

Start producing faster.

Insurance and Securities Pre-license Training JANUARY 18 27

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Certified Insurance Counselor

From the Ground Up Establish Solid Business Practices With Your Carriers

By: Mark Shlien Principal, iPeople LLC

There is no question the agency-carrier relationship is complex and challenging. Both the professional, independent agent and the insurance carrier need each other, yet each can experience frustration in the day-to-day placing of business or achieving goals. This frustration can lead to a lack of trust and can damage the relationship. Increasingly, carriers describe their relationships with agents as partnerships; and agents are willing to commit to mutually agreedupon goals. At its best, the partnership results in more revenue for the agency and more market share for the carrier.

At its worst, agency loyalty for the carrier erodes and the carrier resists supporting the agency’s needs and special requests.

Agency frustration Agencies are frustrated with carriers that present themselves as specialists in certain areas, but in reality only have “vanilla” products. Agents lose trust in carriers that do not keep their promises about compensation arrangements or how they will help the agency write business. They may feel strong-armed by carriers to commit to unreasonable goals. They bristle at the notion of carriers that use alternate distribution systems or price their products differently for affinity groups. Although electronic communication between agencies and carriers has been in place for many years, carrier automation tools can be expensive, difficult to learn and inefficient to use.

Agents find it difficult to deal with underwriters who do not answer their calls or emails promptly or who routinely have to seek approval from the home office. They find it frustrating to meet with carrier marketing representatives who do not plan meaningful visits or have underwriting authority. Often, they waste time working their way through complex carrier organizational structures to find resources.

with hundreds of agents. Each agency is organized differently and has varying degrees of sales ability. Each also has a different approach to managing carrier relationships and its own method of communicating carrier products and procedures to its clients. In today’s world, underwriters may be in offices hundreds of miles away and never meet the producers they service. They only know the producers by the submissions they receive from them. And, the submissions they receive can create a false impression of the agency.

Carrier frustration

As they work the submissions on their desks, underwriters deal with agents who consistently send them incomplete applications for which they expect quotes. They work on submissions for agents who actually block markets. Or, they provide quotes to producers on the same accounts year after year when the producer does not actually have the ability to make the sale. They see submissions from agents who are not knowledgeable about the product they are selling or don’t have the strong insurance knowledge they need to represent the account adequately. They sometimes deal with unethical producers and some producers who are not controlled or managed by their agencies.

In a typical regional division, insurance company employees deal

Agents who make commitments to goals, but make no real effort to

28 JANUARY 18

achieve them, can frustrate regional managers at insurance companies. Additionally, agency producers or managers who consistently cancel meetings or fail to show up for social events do not garner trust with carriers. Agency managers can anger regional people if they consistently go to more senior or home office people to overrule their regional contacts.

How to enhance relationships To build strong relationships, both agencies and carriers can focus on the solid business practices that any successful organization should have in place. These practices include the following: Business plan. An insurance carrier’s business plan will outline its strategies for growth and the territories where it will focus. It will identify agencies with growth potential; how it will target and support its agents; and what will differentiate itself to its customers. In their business plans, agencies should outline the same areas and put their plans in writing. During carrier planning sessions, agents and carriers should determine where they can focus their sales efforts so each can meet their goals. They also should set goals to work out areas of frustration that each party may experience.

Organizational structure. Agencies need to communicate how their organization sells and places business and who is responsible for carrier relationships. Carrier organizations are being revised constantly as they expand or reduce staff. Carriers that effectively communicate these changes and assist agencies to work through them are more likely to maintain strong relationships.

Policy and procedure. Agencies need to develop efficient procedures to place and re-market business with the objective of sending complete submissions that are pre-qualified and can meet the carrier’s appetite. Before implementing a major change in policy or procedure, carriers should solicit feedback from their agents and work with agents to address procedural problems. Many carriers have agency councils, but the agency feedback does not reach the appropriate home office people.

Education. Typically, carrier employees are trained in products

and the company’s approach and underwriting appetite. However, most carrier employees are not trained in agency operations and the agency sales process. Carriers that add this subject matter to their training classes understand their agents better and can work more effectively with them. Although agencies provide training in many areas of insurance and agency procedures, they also need to provide routine training in the carrier’s products and procedures and the use of its computer systems.

Communication. Carriers should consolidate emails so agency staff receive fewer to open. However, nothing beats phone communication to address issues and solve problems. Both agencies and carriers can benefit by discussing the agency staff who handle various functions and making sure the people receive the appropriate communication. For example, agency renewals typically are handled by customer service representatives, but they are not always included in carrier meetings or carrier communication.

Appreciation and recognition. Carrier compensation plans and trips provide rewards to agency owners and senior managers, but it does not reward the many other people who worked on the accounts. Carriers could provide smaller rewards or awards to show their appreciation to service staff or to agency owners who will not qualify for the big trips. Conversely, agencies that recognize the efforts of underwriters and marketing people who do their jobs well will build stronger relationships.

Independent agencies and insurance carriers continue to struggle in a soft market with a lagging economy. In this type of environment, it is critical to maintain the sound business practices that the strongest organizations use to achieve their growth and profit objectives.

ABOUT THE AUTHOR: Shlien is principal of iPeople® LLC, a Bonita Springs, Fla.-based consulting firm specializing in executive search and mergers and acquisitions in the insurance and banking industry. He can be reached at mark.shlien@theipeople.com or (202) 415-1599.

—Reprinted with permission from PIA Management Services Inc.—

JANUARY 18 29

SNAP SHOT into a Top 100 Agency How we grew from 28 Producers to 95 Producers.

Q: What markets do you have?

Q: How does carrier contingency work?

A. As the largest independent agency in Wisconsin, RRA has strong carrier relationships. We offer over 45 CL, 20 PL and 45 EB carrier partners.

A. Producers can share in all contingencies. Because of our size, our contingent return is more predictable and stable to our Producers.

Q: Will I make more money?

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JANUARY 18 31

Where Are You in Your Entrepreneurial Life Cycle?

By: Ami Kassar Just as we experience spring, summer, fall and winter each year, there are a similar number of cycles for entrepreneurs. It’s extremely important to understand into which cycle you presently fit, because it determines how you approach growth, helps pinpoint your most comfortable financial options and makes evident your tolerance for risk.

These classic Growers ask John for advice, figuring (correctly) that he’s seen it all. So what does John tell them?

So, what are those four cycles?

Growers

Here are some easy-to-remember names: Growers, Gliders, Speedbumpers and Exiters.

A Grower is the type of entrepreneur typically depicted in film, on television, in books and all other forms of media. These are the businesspeople looking to expand their operations, often rapidly.

They generally have a healthy appetite for assuming risk and are loaded with self-confidence.

Consider the case of John, a man in his early 60’s whose software company has coasted along for years. The business is growing steadily, although at a much slower pace than 20 years ago.

John’s financially set for life and wants to enjoy retirement by traveling with his wife and spending time with his grandchildren.

Although there’s no immediate hurry, he’s looking to cash out from his company, which is now largely in the hands of his capable daughter.

As you might guess, John is an Exiter.

At a social function, John strikes up a conversation with a husbandand-wife team named Jason and Tara who run a fledgling software company of their own, although they aren’t direct competitors. Jason and Tara have just won a significant contract and their products are receiving good reviews, but they need capital to meet their demands.

An aggressive businessman all his life, John essentially tells Jason and Tara to be bold – which is the only way to successfully get through each individual entrepreneurial cycle.

John tests Jason and Tara by asking them what they’d do if they received a $1 million gift. Would they invest all (or most) of that money directly into their business or would they hold on to it, essentially saving it for a rainy day?

John’s happy to hear that his newfound friends didn’t hesitate before saying they were confident in their business and figured that investing the money would go a long way toward solving their growth issues.

John tells them that since their business prospects are solid, there would be numerous financing options available for them ranging from the tried-and-true Small Business Administration (SBA) loan to the ancient practice of factoring to everything in between.

While John is speaking, his audience grows, enthralled by the

32 JANUARY 18

wisdom he’s imparting. One of the listeners is a long-time friend named Mary whose small custom-framing chain of stores is stable and profitable. She is a Glider.

Gliders Mary tells the group that she’s reached a happy point where she’s making a solid amount of money, expects her business to remain sound and is loath to wreck a good thing.

John’s been somewhat of a mentor to Mary over the years, so he poses the same hypothetical $1 million gift question he just asked Jason and Tara.

That led Mary to waffle a bit. She first said she would place a significant chunk of that gift into mutual funds, happy with a smaller return, but still available to be used if need be. After more thought, she decided to place about 75 percent in her business because she realized she was already generating a higher return than what a mutual fund offered.

John approved, noting that keeping a business on an even keel is never a bad thing, especially for someone like Mary, who is beginning to consider retirement options. He also pointed out that since her business was doing well, there’d be no shortage of palatable financial options available if the need arose.

The conversation lurches in a different direction, however, when a frazzled-looking entrepreneur joins the discussion. That would be Derek, the founder of an online sporting goods store. Derek’s business was growing at a double-digit rate, but he overestimated his market and is now stuck with a warehouse full of unsold goods – not to mention his bank wants to pull its line of credit and is demanding repayment.

Derek, a textbook Speed-bumper, asks John what he should do.

Speed-Bumpers John points out that a little rain falls on most people’s lives at some point and entrepreneurs aren’t immune.

Again, he brings up the hypothetical $1 million gift.

It doesn’t take long for Derek to gain clarity when he says that he would plunk most or the entire hypothetical $1 million gift into his business. While some non-entrepreneurs might consider that foolish, Derek realizes that for any business to succeed, it requires the stomach for at least some risk along with overriding confidence. By stepping back, he realizes that—missteps aside—his company and business model are viable and will need some fine tuning.

John cautions that challenges might lie ahead because some financial options will be closed to him. And the options that will be open may carry a greater risk (or interest rate) or even the possibility of surrendering some equity.

Exiters John replies that even the most-fervent entrepreneur will walk away at some point. The reason why doesn’t really matter.

The group then turns the table on John and asks him what he’d do with the hypothetical $1 million gift.

Not surprisingly, he says, he decides he’d invest half of it in mutual funds, but put the rest back into the business, noting that it would help his successor daughter.

John points out that succession planning is important, but too many businesses either overlook it or give it short shrift. After all, who wants to be thinking about the distant future when the thrill of running a business still looms?

He notes that eventually that day comes, however, and transitioning power is a delicate process, especially when you consider your legacy, not to mention tax concerns, heirs (whether or not they’re taking over the business) and dozens of other things that often aren’t considered.

John does say that the exiting process, which should be a joyful time, can become burdensome and require professional financial assistance.

With that, the group begins to break up, each having gained a bit of clarity in regards to their particular situation.

Conclusion What have you learned from this hypothetical situation?

No matter what cycle they’re in, entrepreneurs are a fascinating breed; they represent much of what makes the American business world so great.

That said, entrepreneurs don’t know everything and tend to look at the big picture and forgo some of the fine details. That’s why they sometimes need outside help.

The key to providing that help is recognizing that no two businesses – and their financial situations – are alike and can’t be addressed with a rote game plan.

ABOUT THE AUTHOR: Ami Kassar is the founder and chief executive officer of Multifunding LLC, speaker, and author of the forthcoming book The Growth Dilemma. Heavily involved in business finance for two decades, Ami has advised the White House, The Treasury Department and The Federal Reserve Bank on the state of the financing markets. A nationally-recognized expert on business capital, Ami Kassar has helped over 700 entrepreneurs generate over $300 million for their businesses. For more information on Ami Kassar, please visit www.

Multifunding.com

Having provided his sage advice to the others, the group of entrepreneurs questions John about his plans.

JANUARY 18 33

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(Continued from page 9 - Administrative Actions)

4/24/15 8:48 AM

This action was taken based on allegations of failing to disclose administrative actions taken by the states of Louisiana and South Carolina on a licensing application.

Edward C. Wilging, W5453 Tippecanoe Trl., Elkhorn, WI 53121, had his application for an insurance license denied for 60 days. This action was taken based on allegations of failing to disclose criminal convictions on a licensing application.

Sylvia Wright, 2860 Mayfair Dr., Cumming, GA 30040, had her 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 Georgia on a licensing application.

Allegations and Actions Against Companies None at this time

34 JANUARY 18

Wisconsin STRONG Since 1931 Partners Mutual Insurance Company has built lasting relationships with independent agents across the state. We are committed to the independent agency system as the only means to deliver our products and work hand-in-hand to help our agencies grow profitably.

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JANUARY 18 35

Marketing & Sales

Ways to Hook Customers

By John Graham The challenge is the same for every salesperson who gets an order. What it takes is capturing the customer’s imagination. The competition isn’t another brand or a better product or service. The competition is another salesperson, one who knows how to hook customers.

The primary task for every salesperson is getting customers to want to do business with them. Without that, customers move on, looking for someone, as they say, “Some who makes us feel comfortable.” This applies to everything from selling paint to political ideas. Here’s what it takes to do it: Stash your sales pitch. Of course, it’s important to have your sales pitch down pat, but put it aside when you’re with customers. It will only get it your way and be a barrier between you and your customers, causing you to talk more and listen less. Relying on it may boost your confidence, but customers don’t want to hear it.

Don’t assume customers know what they want.

Don’t be fooled, most customers don’t know what they want, even though they say they do. They feel good—empowered—when a salesperson helps them discover new possibilities, what they didn’t discover when “googling.” This gets them to see you as a resource for good ideas and helpful suggestions.

Figure out what’s most important. Salespeople often act as if customers can hardly wait to hear what they have to say. It may not be intentional, but that’s how they come across. In other words, they don’t stop talking. Here’s the problem: How can a salesperson find out what’s important to customers if they’re doing the talking?

Nigel Green of Relode.com says that the best salespeople ask more questions than those who are average performers. In his experience, they ask twice as many questions as they make statements or assertions. This is how they find out what’s important to the customer, including Millennials.

Expand customer horizons. A business owner wanted to find a larger location to expand his business. He found a building that would work, one where everything was right—size, layout and location—everything, except the price. “It’s a great place,” he told his banker, “but there’s no way we can afford it.” After reviewing the information, the banker called and said, “Oh yes you can. I’ll show you.”

Keep it transparent. Customers know that nothing is perfect. Trying to hide or whitewash something is futile; they’ll figure it out. So, to get their attention and confidence, point out both the pros and the cons of what you’re selling, as well as that of the competition. Be objective and fair. Build the case for what you’re selling, but don’t overplay your hand. Transparency creates trust.

Add to their knowledge. Not long after opening his art gallery on Newbury 36 JANUARY 18

Street in 1976, Thomas Segal became “a significant force in Boston’s art world,” wrote The Boston Globe at the time of his death. “Year after year he introduced local collectors to art they might not otherwise have seen.”

Commenting on Segal’s success, New York art dealer Adam Sheffer said that when he was with clients, “He was phenomenally articulate. He was never trying to sell you something. Rather, he was trying to teach you something. The selling came along as a by-product.” A good model for anyone in sales.

Map out the customer journey. If you want customers to stay with you, don’t keep them in the dark. They’ll become confused and bail out.

Describe the journey so they know what to expect: 1) Ask them, what they’re thinking about. Customers like to tell their story. 2) Let them know that you will help them explore the possibilities; 3) Then, knowing the options, they can make a decision.

Ask for their opinion. Whether someone buys or not, ask for their evaluation: what they liked and what they didn’t, how you can improve, and if they’ll recommend you to others and if not, why.

Leave them feeling that they were working with a professional, someone who respects customers. You will also gain information that will add to your understanding of what’s important to them.

Give them feedback. Although it may seem obvious, it’s easy to forget that customers like to know where they stand, so let them know what you can do and what you can’t, when you will get back to them, your understanding of what was discussed at a meeting, what you will do to prepare for a subsequent one, and what you expect from them. Being direct avoids misunderstandings and conflicts.

Pay attention to the little things. It’s almost always the seemingly trivial things that upset customers, that drive them crazy. They are also the triggers that set off problems. Even so, a salesperson can help avoid such issues getting out of hand by taking note of a customer’s likes and dislikes, what is confusing to them, or causes distress, and clearing it up quickly so it doesn’t fester and become an unnecessary snag in making the sale.

Slow down the pace. It’s easy for salespeople to lose customers by getting ahead of them; leaving them in the dust, as they say. They move quickly, while customers move more slowly. The customer is still thinking about what the salesperson said about the new Camry’s safety equipment and the salesperson is describing the JBL sound system. All of which causes unnecessary confusion and frustration. In other words, rushing ruins it.

John Graham of GrahamComm is a marketing and sales strategy consultant and business writer. He is the creator of “Magnet Marketing,” and publishes a free monthly eBulletin, “No Nonsense Marketing & Sales Ideas.” Contact him at jgraham@grahamcomm.com, 617-774-9759 or johnrgraham.com.

Since 1878

Ellington Mutual Insurance Company

Proudly providing all of Wisconsin with prompt, personal service.

PO Box 356 • Hortonville, WI 54944 920-779-4515 • 800-953-4515

www.ellingtonmutual.com

Homeowners • Farmowners • Commercial • Rental Properties • Seasonal Properties • Umbrella

JANUARY 18 37

PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC. OFFICERS Ms. Jodi Cordes, CIC, CRM, CPIA President A.F. Glass Insurance Center P.O. Box 1149 Lake Geneva, WI 53147 Phone 262-248-5555 Fax 262-248-5544 jcordes@glassinsurancecenter.com Mr. Matt Cranney, CIC, CRM Vice President M3 Insurance Solutions, Inc. 3133 W Beltline Hwy Madison, WI 53713 Phone 608-273-0655 Fax 608-273-7783 matt.cranney@m3ins.com

DIRECTORS Mr. Thomas Budzisz, CPIA BWO Insurance Group, LLC 2111 E Rawson Ave. Oak Creek, WI 53154 Phone 414-768-8100 Fax 414-768-8110 tom@bwoinsurance.com Mr. Jeremy Cordova, CIC Cordova Agency, Inc. 716 E 2nd St. Merrill, WI Phone 715-536-9576 Fax 715-539-3349 jeremy.cordova@cordovaagency.com Ms. Sandy L. Hardrath, CIC, CPIA Ansay & Associates 4712 Expo Dr. Manitowoc, WI 54220 Phone 920-370-4283 Fax 920-682-7799 Sandy.Hardrath@Ansay.com

Mr. Sean M. Paterson, CIC Treasurer Robertson Ryan & Associates 12750 W. North Ave., Building A Brookfield, WI 53005 Phone 262-782-5373 Fax 262-782-6327 spaterson@robertsonryan.com

Mr. Michael Keener, CIC Keener Insurance Solutions, LLC W 175 N11081 Stonewood Dr Ste 105 Germantown, WI Phone 262-293-9144 Fax 262-293-9254 michael@keenersolutions.com

Ms. Julie Ulset, CPIA Secretary Grams Insurance Agency LLC 103 W Fulton St. Edgerton, WI 53534 Phone 608-884-3304 Fax 608-884-9616 julset@gramsinsurance.com

Mr. John W. Klinzing, CIC, CPIA Affiliated Ins. Agencies of WI, LLC 3830 Atwood Ave. Madison, WI 53714 Phone 608-310-3924

STAFF

Fax 608-441-8787 johnk@affiliatedllc.com

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

Mr. Dennis Kuhnke, CIC, CPIA PIAW National Director Robertson Ryan & Associates Inc. 330 E Kilbourn Ave. Suite 650 Milwaukee, WI 53202 Phone 414-271-1561 Fax 414-271-3012 dkuhnke@robertsonryan.com

Ronald Von Haden, CIC Executive Vice President rvonhaden@piaw.org

Mr. Brian MacGillis, CPIA 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

Heather Falk, CISR Bookkeeping hfalk@piaw.org Heidi Hodel, CIC, CRIS Member Benefits Coordinator hhodel@piaw.org

Mitchell Tarras Nett Insurance Agency LLC 607C Eastern Ave Plymouth, WI 53073 Phone 920-893-3252 Fax 920-893-3250 mitchtarras@charter.net

Mandy Penn Executive Assistant mpenn@piaw.org Becca Prestbroten Administrative Assistant bprestbroten@piaw.org

Dan Wolfgram AINS, CPIA R & R Insurance Services, Inc. 1581 E. Racine Ave. Waukesha, WI 53186 Phone 262-574-7000 Fax 262-574-7080 dan.wolfgram@rrins.com

Brenda Steinbach Education & Convention Director bsteinbach@piaw.org

Coming Events JANUARY 2018 16

CISR Personal Lines Miscellaneous Milwaukee, WI (7 WI CE)

17-18

Ruble Graduate Seminar Milwaukee, WI (16 WI CE, 4 of 16 are optional Ethics)

FEBRUARY 2018 7

CISR Personal Residential Appleton, WI (7 WI CE)

8

CISR Personal Residential Waukesha, WI (7 WI CE)

14-16

CIC Personal Lines Madison WI (20 WI CE)

Jan. 31-Feb. 2 9th Annual Winter Get-Away Minocqua, WI (10 WI CE)

38 JANUARY 18

MARCH 2018 14-16

CIC Commercial Casualty Green Bay, WI (20 WI CE)

22

CISR Personal Lines Miscellaneous Appleton, WI (7 WI CE)

APRIL 2018 11-13

CIC Commercial Multiline West Bend, WI (20 WI CE)

25

CISR Life & Health Essentials Madison, WI (7 WI CE)

26

CISR Life & Health Essentials Tomah, WI (7 WI CE)

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