November 2016 Professional Agent

professional agent n o v em b e r | 2 0 1 6

What’s Inside?

Past Presidents.................. 10 Scholarships Winter Get-Away............... 12 Is Selling Changing?........ 14 How To Mess Up............... 16 A Business 5 Minutes With A............... 20 Prospect Education Section (see yellow tab pages)..... 22 The Phone's Not................ 28 Ringing Expert Testimony............... 30 Classified Ad....................... 32 PIA Supports State............ 34 Insurer

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

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2 NOVEMBER 16

From the

President Brian MacGillis, CPIA — President, PIA of Wisconsin

2016-2017 Board of Directors I would like to take this month’s article as an opportunity to introduce your 2016-2017 PIAW Board of Directors. Each individual has committed themselves to PIA and should be admired for taking time away from their business to enhance and grow our association.

Each individual brings a different perspective of insurance agency experience. We have agency owners, producers, and customer service representatives on our Board. This means that no matter what your role is in your agency, you are well represented at the decision making table.

Tom Budzisz, BWO Insurance. Tom is respected through-

you LouAnn for your service to our industry and your example on how to be an effective leader as PIAW President.

out the industry as a leader of one of the finest agencies in our state. He has been a stalwart figure on our Board for the last 3 years and we are blessed that he was just re-elected to a second 3 year term.

Rick Clements, Clements Insurance. Rick is currently serving his 7th and final year on our Board. He has shown an unmatched dedication to PIA and has had a profound impact on our organization as the 2015-2016 President of PIA.

Jodi Cordes, Glass Insurance. Jodi immediately rose to the leadership ranks at PIA for good reason. Her leadership of the Convention Committee, and previously the YPC Committee is exactly why PIAW is the finest organization in the state.

Michael Keener, Keener Insurance. It was a sad day for me when Mike was elected, as I was no longer the best golfer on the Board. With Mike’s enthusiasm, he has brought our Automation/Technology Committee back to life and I thank Mike for his dedication.

John Klinzing, Affiliated Insurance. John is the perfect example of a faithful steward to PIA. John always keeps the members in mind and keeps our organization in the lead as the ‘Education Association’, as our Education Committee Chair for many years.

Dennis Kuhnke, Robertson Ryan. Dennis is one of the Jeremy Cordova, Cordova Agency. One of the most important functions of PIA is our legislative presence in Madison and Washington DC. Under Jeremy’s leadership, PIA is far more recognized and respected in both places, and we have him to thank.

main reasons I am currently PIA President, and why PIA of Wisconsin is the finest PIA Affiliate in the nation. As the Secretary/Treasurer of our National Association, we are thrilled to see him take that leadership to the National stage.

Sean Paterson, Allied Insurance. As the chair of our Matt Cranney, M3 Insurance. Matt has taken 2 committees over the last 3 years and infused life into them— which has greatly benefited our members. With Matt on our Executive Committee ­— there is no doubt PIA will be a better organization in a few years with him at the helm.

Sandy Hardrath, Ansay & Assoc. As a winner of PIA’s Agent of the Year in 2014, Sandy may be the most respected member of our Board. Please thank Sandy for her dedication to PIA and the great work she does as a leader on our Agent Service Committee.

LouAnn Herriges, Anderson’s Insurance. LouAnn has made an imprint on PIAW that will not soon be forgotten. Thank

Public Relations Committee, Sean sprung PIA to the front of the line with its’ new social media member benefit. As a leader at PIA for years to come, please thank him for his service.

Julie Ulset, Grams Insurance. When the newest member of your Board is a past winner of the Agent of the Year Award (2015 Winner), you know PIA has great leaders. As PIA members, you should be thrilled to have such a dedicated individual representing you on the Board.

Hopefully you know one or two of these individuals, and if you meet them, please thank them for their volunteerism and commitment to PIA. I am honored to serve with each and every one of them.

NOVEMBER 16 3

Memos from

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

Much Insurance Fraud Goes Undetected and Unreported INSURANCE FRAUD steals at least $80 Billion a year in the U.S. alone, according to The Coalition Against Insurance Fraud. That’s a lot of money…a lot of crime…and a lot of damage to honest Americans everywhere. $80 Billion could fund federal cancer research for the next 16 years. It would pay the salary of every high school teacher in the U.S. for two years. If 80 billion one dollar bills were placed end-to-end, they would stretch to the moon and back about 16 times. Even that enormous figure may be an underestimate since much insurance fraud goes undetected and unreported.

Staged auto crashes are a favorite fraud mechanism. Crime rings enlist stooges to crash cars together and then, in cooperation with dishonest doctors, chiropractors, attorneys and others, file claims against insurers for fake injuries and damages. Those crashes are a major reason why auto insurance premiums in New York, Florida and New Jersey are among the highest in the nation.

Murder for life insurance is still a major fraud problem.

Someone murders a spouse, relative or business partner to collect on the victim’s life insurance policy.

Unneeded surgeries are often performed on elderly, poor and homeless victims. Patients are maimed, disfigured and forced into lives of permanent pain when dishonest doctors perform unneeded and often botched surgery to inflate their insurance billings. Cancer, spine, heart and eye surgery are among the most usual procedures inflicted on trusting patients.

One unscrupulous body shop owner in Philadelphia quipped: “I live my life to cheat insurance companies. My high

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every day is to cheat insurance companies.” This crook was highlighted as the Insurance Fraud of the Month for October by the Coalition Against Insurance Fraud. As part of his $5 million plot to soak 18 auto insurers with inflated claims, the crook (who is linked to the Philadelphia mob) kept frozen deer parts, deer blood and dog carcasses in his freezer. His goons damaged cars and then dressed up the vehicles with animal parts and blood to eliminate or lower customers’ deductibles and then drilled insurers with inflated repair bills. He paid tow truck drivers to track down and damage cars owned by his previous customers so they would bring the vehicles back to him for repairs at inflated rates. Obviously, some customers were in on the scam and also some adjusters and even some Philly cops who got discounted repairs for their personal vehicles. The cops rubber stamped police reports of his “set-up” wrecks to legitimize the crashes for insurers.

This fine gentleman even hired two thugs for $20,000 each to shoot a rival body shop owner and his son who he suspected of cooperating with the feds in a grand jury probe of his operation. Eventually, his empire came crashing down and he and forty of his cronies were busted. He now is serving a 20 year sentence in prison for the “hit” and has pleaded no contest to the insurance scams.

I say good riddance to him and congratulations to the Philadelphia DA’s office and the federal investigators who cracked the ring.

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From the

Boardroom Tom Budzisz – PIA Board of Directors

Clean Out the Old to Welcome the New 65+ Years in Insurance As I begin my preparation for winter by cleaning out the garage, so I can park the vehicles in the garage before the snow falls, I must get rid of the things that are no longer needed. As I sweep and sort through the items, I think about how cleaning out the garage is like a business. Every year, I need to take time to reflect on what is valuable and will continue to benefit me in the future. I think about how many of the agents are getting older and closer to retirement and how many Millennials are entering the workforce. I wonder how I can encourage and retain the next generation of workers to come work in the insurance field.

between. Millennials value flexibility at work and are the

Who are the Millennials and how can I better understand their needs? I did a little research and this is what I learned.

The Millennial generation are those who were born between 1978 and 2000. Millennials like ownership of projects and challenges. They want regular feedback and want to know how they can improve. They are looking for a coach, not a boss. They want to work with people they get along with and want to have fun. They like to be challenged.

can improve in the future. We can also build enjoyment in

They are tech-savvy and embrace technology. They find opportunities to use technology to make things easier and faster. They grew up with the Internet and can find answers on the Internet in seconds.

business hours, for things like Facebook and LinkedIn are a

Today, we have social media and almost everyone is on it. The Millennials use it as a way of life, from talking to texting, shopping online to banking and everything in-

Ultimately, we need to communicate and work together. Like

busiest generation ever. They may not give up their activities just because of a job.

We need to understand their needs to retain them. Many will only work for a couple of years before they get bored and then move on to something better.

So what can we do? We can give them a challenging project that they can make their own decisions and take ownership of their results. We can take the time to let them know how they are doing and give them honest feedback on how they the workplace. Give them casual dress days and put them in charge of social events. We can provide flexible hours and allow them to work remotely at times. They know about the Internet and social media so put them in charge of your social networking and marketing efforts. We have had to change our way of doing things, which is different from how we were brought up. The use of agency technology during few things that have changed.

These are just some thoughts and I’m sure there are many more. We might just ask a Millennial what else we could do. my garage, with a little effort, we can keep the old and make room for the new.

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WM WIS PIA 10-16.indd 1

10/4/16 8:46 AM7 NOVEMBER 16

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

Andrew Carrillo, 10607 Tesch Ln., #14, Rothschild, WI 54474, 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.

was ordered to fully and completely disclose all matters to OCI as required by relevant Wisconsin insurance law.

These actions were taken based on allegations of failing to timely report administrative actions taken by the states of Washington, Utah, and Delaware.

Theodore P. Danes, 265 S. Perkins Blvd., Burlington, WI 53105, was ordered to pay a forfeiture of $500.00 and was ordered to timely and completely disclose to OCI all matters required to be disclosed under Wisconsin insurance law.

These actions were taken based on allegations of failing to timely disclose criminal charges and convictions to OCI.

Daniel D. Krohn, 1612 Randolph Rd., Janesville, WI 53545, 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.

Merrill J. Fischbein, 1655 Westwood Hills Dr., St. Louis Park, MN 55426, was ordered to pay a forfeiture of $1,000.00, was ordered to fully and timely disclose all matters to OCI as required by Wisconsin insurance law, and was ordered to provide complete and accurate information on licensing applications. These actions were taken based on allegations of failing to timely report to OCI an administrative action taken by the state of Minnesota and failing to disclose administrative actions on a licensing renewal application.

Mandy M. McNair (Robbins), 4108 N. 6th St., Wausau, WI 54403, agreed to the denial of her insurance licensing applications for 60 days, agreed to promptly notify OCI in writing within 10 days of any new civil or criminal charges, and agreed to make monthly payments towards civil money judgments. These actions were taken based on allegations of failing to disclose a criminal conviction on a licensing application, providing inaccurate information to OCI, and having unpaid civil money judgments.

Mason A. Gunderson, 960 John Nolen Dr., #315, Madison, WI 53713, 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.

David F. Mettler, 616 N. Jefferson, Huntington, IN 46750, had his application for an insurance license denied. This action was taken based on allegations of failing to disclose an administrative action taken by the state of Indiana on a licensing application and failing to respond promptly to inquiries from OCI.

Catherine Johnson, 5166 N. Lovers Ln., Milwaukee, WI 53225, was ordered to pay a forfeiture of $1,500.00 and

Brooke A. Morris, 871 S. Main St., Lot 82, Fond du Lac, WI 54935, had her application for an insurance license denied.

8 NOVEMBER 16

This action was taken based on allegations of failing to disclose criminal convictions on a licensing application and owing delinquent child support.

Carlos A. Muhammad, 544 E. Ogden Ave., #700, Milwaukee, WI 53202, 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.

required to be disclosed by Wisconsin insurance law. These actions were taken based on allegations of failing to report and disclose an administrative action taken by the state of California.

Chad T. Rumfelt, 1233 Commonwealth Ave., Bronx, NY 10472, was ordered to pay a forfeiture of $1,000.00, was ordered to fully and timely disclose all matters to OCI as required by Wisconsin insurance law, and was ordered to provide com-

Courtney E. Paul, 718 Dorbe St., Eau Claire, WI 54701, 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.

plete and accurate information on licensing applications.

Ronald V. Pullman, 605 Edward Ln., Pittsburgh, PA 15205, was ordered to pay a forfeiture of $2,000.00 and was ordered to timely and fully disclose all matters to OCI as required

by Wisconsin insurance law. These actions were taken based on allegations of failing to timely report and disclose administrative actions taken by the states of Pennsylvania, Massachusetts, and North Carolina.

on a licensing application.

Rolando A. Rodriguez, 5255 S. 22nd St., Milwaukee, WI 53221, was ordered to pay a forfeiture of $1,000.00 and was ordered to timely and completely disclose to OCI all matters

license upon failure to comply with his child support order.

Allegations

and

These actions were taken based on allegations of failing to report and disclose an administrative action taken by the state of Virginia and failing to disclose administrative actions

J. Herbert B. Sigmon, 700 Walnut Ridge Dr., Unit 2018, Irving, TX 75038, agreed to the 60-day denial of his application for an insurance license, agreed to report to OCI in writing within 10 days any failure to comply with his current child support order, and agreed to the automatic cancellation of his insurance These actions were taken based on allegations of owing delinquent child support at the time of his licensing application.

Actions Against Companies

AXA Equitable Life Insurance Company, 500 Plaza Dr., Fl.

Dailyfeats, Inc., 101 Tremont St., Ste. 1100, Boston, MA

6, Secaucus, NJ 07094, was ordered to pay a forfeiture of

02108, was ordered to pay a forfeiture of $1,000.00 and was

$500.00, was ordered to provide specific information to OCI,

ordered to comply with notice requirements to OCI. These

and was ordered to timely and completely respond to all

actions were taken based on allegations of failing to timely

inquiries from OCI. These actions were taken based on alle-

notify OCI of an address change, failing to timely report

gations of failing to respond to inquiries from OCI.

and disclose an administrative action taken by the state of Massachusetts, and failing to respond promptly to inquiries

Cincinnati Insurance Company, The, 6200 S. Gilmore Rd.,

from OCI.

Fairfield, OH 45014, was ordered to cease and desist renewing policies with altered terms without providing required

Mercycare HMO, Inc., 580 N. Washington St., Janesville, WI

notice. This action was taken based on allegations of failing

53547, was ordered to pay a forfeiture of $500.00. This action

to notify policyholders of altered terms 60 days prior to poli-

was taken based on allegations of failing to comply with a

cies’ renewal dates in violation of Wisconsin insurance law.

previous examination order related to surplus calculations.

Executive personalities can sometimes be measured by their actions. For example, in driving, there are two types of executive motorists —those who drive as if they owned the road, and those who drive as if they owned the car.

NOVEMBER 16 9

Past Presidents Scholarship

(R) Mike Cordes is all smiles as he accepts a Past Presidents scholarship of $1000 from (L) Ron Von Haden. Mike is a senior at UW LaCrosse, majoring in finance with a risk management and financial planning emphasis. Congratulations to Mike and thanks to the PIAW Past Presidents club.

A $500 scholarship from the PIAW Past Presidents Club was presented to (L) John Kohlbeck (R) by Ron Von Haden. John is from Germantown, WI and is a junior in the School of Business at UW Madison. Congratulations Johnny.

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8th Annual PIAW Winter Get-Away Registration Fee Only $109.00

February 8-10, 2017 The Waters of Minocqua $59.99 Two Queens Includes Deluxe Continental Breakfast 715-358-4000

Fee Includes

Two Dinners, One Lunch 9 Education Hours - 6 WI CE, 3 Ethics (Descriptions at piaw.org) Sweatshirt Prizes & More!

Wednesday, Feb. 8 2:00 – 5:00

“How to Successfully Compete in Google Local Search” (no CE) Mike Peterson, CIC - Insurance Marketing Partners

5:30

Get-Away Fun at Island City Lanes Appetizers / Buffet Dinner / Free Beer & Soda to 7:30 p.m.

Bowling / Bar Fun / Prizes / Shuttle to and from Hotel

Thursday, Feb. 9 9:00 – noon

“Opportunities and Challenges of the Sharing Economy” (3 WI CE #1012272) Mark Reilly, CIC, CPCU, CRM – Diversified Insurance Service, inBuzz Group, LLC

12:00

Buffet Lunch at The Waters

1:30

Northwoods Pub Adventure – Sweatshirt Provided Buses / Pub Stop Fun / Prizes / Pub Beverages On Your Own Bus options to return to hotel or directly to Whitetail Inn.

6:45 – 7:45

Buffet Dinner at Beautiful Whitetail Inn Buses provided to and from hotel. Cash bar.

Friday, Feb. 10 9:00 – noon

12 NOVEMBER 16

“Ethical Challenges in the Digital Age” (3 WI Ethics CE #1012273, Utica Approved) Mark Reilly, CIC, CPCU, CRM

Inside The Waters

Open Wednesday, Thursday & Friday 10:00 a.m. – 6:00 p.m.

PIA attendees pay no studio fees; just purchase your favorite piece/s.



8th Annual PIAW Winter Get-Away Registration Member & Non-Member $109 Non Insurance Spouse/Guest $69 Total $_______ One insurance industry attendee per form please.

Full Name____________________________________________ First Name for Name Tag _____________________ Spouse/Guest Full Name_________________________________First Name for Name Tag _____________________ Select Sweatshirt Size Unisex _____SM _____MED_____LG _____XL _____XXL Agency/Company ________________________________________________________________________________ Address__________________________________________ City_______________ State_____ Zip _______________ Phone_________________________________ Cell or After Hours _________________________________________ Email___________________________________________ NPN # or NA ____________________________________

Check Payable to PIA, or Visa, MC, AMEX, DIS Card #_______________________________________________________ Exp. Date __________________________ Name on ________________________________________________________________________________________

Return to: PIAW, 6401 Odana Rd., Madison, WI 53719 / Fax: 608-274-8195 Or register online at www.piaw.org Confirmation will be emailed upon receipt of registration.

No refunds without 10 days notice, substitutions only. 1-800-261-7429

Additional Sponsors – Thank You! Badger Mutual Insurance Company EMC Insurance Companies The Hanover Insurance Group Utica National Insurance Group Western National Insurance Group NOVEMBER 16 13

Selling is

Changing. . . Not Really

by John Chapin

This past week I’ve received three separate e-mails from various sales gurus talking about how much sales has changed. While the internet, social media, and advances in technology have altered some of the peripheral aspects of selling, the foundational principles and keys that lead to sales success have remained the same.

Sales Facts that will Always Remain the Same Fact 1: Sales IS still a numbers game

fore he could speak to anyone. The insurance agent is a producer

99.9% of the time failure in sales is due to a lack of activity. In

(salesperson) first, not an underwriter (technician). The reality

other words, not making enough calls. Now that we have the

is: you will never know everything and this is usually just an

internet, I know sales reps who spend hours looking up back-

excuse to avoid doing the hard work of making lots of calls. Also,

ground information on prospects before they call them. This is a

just because you now have the internet to look up information

mistake. Look up the information a prospect would reasonable

doesn’t mean you should be spending hours “preparing” at the

expect you to have, but don’t spend hours being perfect. Just

expense of making calls. Just get some basics and make the call.

look up some quick information and make the call.

Learn what you need to learn so you don’t make any careless or “stupid” mistakes, but focus more on activity than on being

Another way technology can work against us is that some people

technically proficient.

believe they have to be technical experts before they call anyone.

An insurance agent I know spent a full six months in the office

Fact 2: You’re still the expert

studying cyber liability because he had to know everything be-

While it’s true that today’s consumer is, generally speaking,

14 NOVEMBER 16

better informed than in years past, you’re still the expert who has probably forgotten more than they will ever know. The famous author Malcolm Gladwell once said that it takes roughly 10,000 hours of study to master one’s craft. While you may not be at the 10,000-hour mark yet, you are still far better off than someone who has spent 5, 10, or even 40 hours on the internet studying your industry and products. You live in your business every day, the prospect doesn’t. People still need an honest, straight-forward salesperson who understands the subtleties and idiosyncrasies and can educate them on what’s best for them.

Fact 3: Face-to-face and phone are still the most effective ways to sell Have you ever NOT received an e-mail that someone swore they sent to you? It just happened to me again two weeks ago. In addition to the fact that you can’t always rely on an e-mail, LinkedIn in-mail, or other “internet” communication to reach the person, you also lose the most important parts of communication such as voice tone and body language. Couple that with the fact that electronic communication distances you and dehumanizes the experience. For these reasons, in-person communication is always the most effective followed second by Skype, and other face-toface apps, and third by phone communication.

Fact 4: It IS still all about relationships and doing what’s best for the other person There is no “new relationship selling” or “solution selling.” The best have always focused on the long-term relationship and the best possible solution for the prospect, even if it involved sending someone to the competition. The best have always been seen as a peer and business partner looking out for the best interests of the prospect.

The bottom line is: the only way sales has changed is for those doing it the wrong way. Years ago you could pull the wool over someone’s eyes, get away with not knowing as much, have subpar sales and people skills, and not work as hard. That said, the people who have always done it right, have found little has changed over the years. For them, being great at sales still requires that you work hard and make the calls, communicate effectively, build the personal relationships, are professional, knowledgeable, put the other person first, and embody the character traits of honesty and integrity.

John Chapin is a sales and motivational speaker and trainer. For his free newsletter, or if you would like him to speak at your next event, go to: www.completeselling.com. John has over 29 years of sales experience as a number one sales rep and is the author of the 2010 sales book of the

Electronic communication serves its purpose which is: short-sweet, non-critical communication in which you are simply conveying information. What kills me is when I see salespeople using an e-mail for initial communication or during an important part of the selling process. In this case they are simply hiding behind technology because they are afraid to make a call. Also keep in mind that even non-critical electronic communication has to be backed up with a phone call or in-person contact to ensure it was received.

year: Sales Encyclopedia. For permission to reprint, e-mail: johnchapin@

You have much more impact when people can see and/or hear you. Don’t hide behind technology and spam people on the initial and other important communications.

LINKEDIN: once logged in find me under: johnchapin1

im

Insurance Marketing Partners

InsuranceMarketingPartners.com

completeselling.com # 1 Sales Rep w 29+ years’ experience, Author of the 2010 sales book of the year: SALES ENCYCLOPEDIA (Axiom Book Awards) - The largest sales book on the planet (678 pages).

508-243-7359 - 24/7 johnchapin@completeselling.com www.completeselling.com FACEBOOK: http://www.facebook.com/johnjchapin TWITTER: http://twitter.com/johnjchapin

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Branding | Marketing Strategy Client Communication | Custom Content Training and Analysis NOVEMBER 16 15

How To Mess Up A Without Breaking A Sweat

Business. . .

by John Graham

No matter their strengths, businesses, like people, are always at risk. Some dangers are so blatant they dare being ignored. But others, far less obvious, cause untold—and even fatal—damage, eating away and undermining a company’s best efforts. Their work is insidious and relentless, going unnoticed until it’s too late. And it all happens without anyone breaking a sweat.

Even so, there are clear, but unseen, indicators that a business is in trouble. Here are nine to consider: 1. Wanting to believe everything is going great. Business people don’t like bad news. They reject it as they would an unwanted solicitor. And then they quickly add, “I want to be around positive people.”

Jim Holt comes close to the truth in his review of Chuck Kloserman’s book, But What If We’re Wrong. Holt states, “Most of what we believe is likely to be wrong.” If that’s true, then doubt, not certainty, is the only positive action.

2. Ignoring details. A lack of productivity imperils businesses, caused by the extraordinary amount of time that’s lost by following up on what’s being ignored. We assume that someone will come along and clean up our mess.

But that’s not the Apple way, as Michael Gartenberg discovered on his first day there. He sent someone an email. “I got it back, and at the end of it, It said, ‘P.S. spelling counts here.”

Gartenberg had typed “the” as “hte.’”

The way we view details reveals how we regard others and what we view as important.

3. Decisions based on the leader’s opinions. Many business owners and managers believe it’s their role to be Decider-inChief. They have firm—cast in concrete—opinions on everything. Research, surveys, studies, facts, knowledge, and the experience of others don’t count. They proudly trust their gut.

Employees learn quickly that discussion is useless, and new ideas are on an “Unwanted List.” It’s a perfect way to strangle a business.

4. Poor planning. Sure, it’s fun to talk about wow ideas. They create excitement and lots of energy, but little or no action, even though that’s what makes a difference. Everyone goes away and nothing happens. It’s the same the next time.

16 NOVEMBER 16

To keep a business on track and growing, there’s only one question that gets the wheels moving, that generates fire, not smoke. There’s only one question that gets results: “Who’s going to do what, why, and when?” Nothing else matters. It’s nailed down. No loose ends. Some call it taking responsibility, while for others it’s accountability. It’s all the same; it’s what it’s all about.

5. Data blindness. When asked why his insurance agency couldn’t launch an eNewsletter for its clients and prospects, the principal, a smart client-oriented and capable underwriter, said, “We can’t do it until we get our database straightened out.” He’s not alone. Good businesses fall behind and others die or merge because they’re gridlocked, unable to develop and implement an effective plan to gather the information they need.

Too many suffer from the debilitating case of data blindness, the inability to recognize that their survival depends on the accuracy and completeness of updated, relevant, reliable, and accessible information.

6. Failure to adapt to customer behavior. After launching its Nest Cam, the company found that many customers were pointing them out the window to keep track of what was going on, according to IoT Daily’s Chuck Martin. Rather than letting a competitor run with the idea, they launched a weatherproof outdoor version to solve the problem.

Unfortunately, “Maybe we should wait and see what happens” is the common reaction, which is followed by “Why didn’t we do that?” after it’s too late.

7. A confusing culture. It seems to happen at entrepreneurialtype companies where management is highly motivated and hard driving. Along with it is a lassiez faire attitude that everyone can be left alone and they will automatically do their job. When that doesn’t happen, there’s disappointment that people didn’t live up to the challenge.

Instead of setting people in a direction with agreed upon expectations, they are set adrift. And all the while, they think they're doing what’s required. A confusing culture causes havoc.

8. Failure to educate customers. A recent American Consumer Satisfaction Index indicates that consumers view Facebook,

Twitter, and LinkedIn “more negatively” than in past years.

It set off alarms at Twitter. The company found 90% of people worldwide know the Twitter name, but only those who use it get what it’s all about, a 40 point gap. Twitter now has a campaign to educate people on how the platform works and the benefits of using it.

Every company faces the same problem. Satisfied to drink their own Kool-Aid, they fail, often miserably, at telling their story consistently. And it always catches up with them.

9. Misunderstanding branding. The usual focus of branding is a logo and a tagline. Yet, as one mother reminded her son, “Clothes don’t make the man.” And a new logo and a tagline don’t make a brand. That’s just putting on a new suit.

Branding is about questions: Why are we doing this? What do we value, and how do we show it? Who are our customers?

What do we offer them that makes a difference? What sets us apart from our competitors? The answers to these questions are the brand.

Messing up a business is easy. It doesn’t take effort. There’s no need to break into a sweat. It occurs without taking notice, even though the signs are all along the road.

We should never drink our own Kool-Aid. It puts us to sleep.

But the anecdote is simple: Always worry. Look over your shoulder. Never get comfortable.

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.

NOVEMBER 16 17

ers most there when it matters most there when it matters most there when it matters most

Direction

Sheboygan Falls Insurance Company, as part of Donegal Insurance Group, remains committed to our chosen direction for distribution — the independent agency system.

Unlike many others in the industry, Sheboygan Falls has no interest in any other distribution channel.

Instead, we focus our energy on consistently delivering greater value to our agents.

To learn more visit www.sheboyganfallsinsurance.com or call Connie Jones at 800-242-7698 ext. 2800.

Staying true to our chosen course of supporting the independent agency system… another way Sheboygan Falls is “There When It Matters Most.”

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NOVEMBER 16 19

5 With A Prospect

Tips When You Have Five Minutes

by Patricia Fripp, CSP, CPAE

If you are on the phone, a webinar, or in person, and you have a few minutes with the executive, what do you say to keep on track and be professional? Here is an invaluable framework.

Adapt it to your situation, and boost your confidence and credibility.

Imagine that you have a satisfied client company for one of your offerings. You feel now is the best time to discuss your next and higher investment offering. The team, your main contact, is ready to view a product demonstration set for the next day. All your demos are delivered in a webinar. At 2 P.M. you get a call from your main contact who says “Great news! Tomorrow our boss, who is the real decision-maker, is going to be in our office. Rather than just showing our team what you have to offer, the boss said he would like to sit in on the first five minutes. I know you will do well.”

Don’t panic. This is a great opportunity, and once you make a positive impact, the sales cycle is going to be cut short.

You will not have to hear, “We love this, but now we have to convince our boss.” This is, however, now your number one priority to prepare. You may be seasoned, but take this seriously. Your sales manager is always telling you, “Sell to the C Suite.” This is your chance. Remember these five simple suggestions for sales success.

1. Build rapport before you speak. It is easier to connect if you can make eye contact with the client, so turn on your webcam to welcome everyone and then again when you answer questions.

Although many professionals say they are not comfortable doing this, it has many benefits. Who can resist your friendly smile? You will look more confident, and it is tougher to say no when they are looking at you.

2. Be prepared, and get to the point.

Remember, with an executive you need to be clear, concise, credible, and able to articulate the bottom line of your message. The higher up the corporate ladder you go, the more quickly you 20 NOVEMBER 16

need to get to the point and demonstrate value. As counterintuitive as it may seem, the less time you have in which to present your case, the longer you will need to prepare. You may have friendly chatter with the team before you get to business, but in this case every second counts. Be polite, respectful, and get to the point fast.

3. Remember you are not alone. Speak on behalf of your leadership. This way you can feel you are making a connection with the position, even when you are not holding that position yourself.

You will discover that this technique adds to your confidence.

4. Remind the executive they have already made a wise decision by doing business with your company.

Remind them that they have already researched your company and that they were comfortable enough to make you a vendor of choice. This is just a logical next step.

5. Make heroes of the team you are working with. These are your internal champions, and although they may not make the ultimate decision, they certainly have influence and can sabotage your sale. Your job is to work closely with the team or champion who will give you information. Do your research so that you are on target with your questions about their company and the approach the executive will most likely respond to.

When you have to deliver an executive overview, be clear and concise and sound credible. When you adapt this framework to your situation, you will get results.

“Good morning, Mr. Smith. On behalf of our leadership and my team, thank you for your business. As you know, we are committed to delivering the best service for our valued clients like you.

On a personal note, working with John and Mary is a delight. They are both helpful and incredibly efficient.

The purpose of this call is to deliver a high-level overview of our product that you have invested in, review your results compared to your expectations, and then introduce you to three other ways in which we can be of service.

Once we have proven the power of (our product), most of our clients find it logical to add ________ and ______ to their package.

John suggested you are most interest in seeing . . .

Mary mentioned you have ambitious goals for next year to . . .

That is an area in which we could be very advantageous to you.

My understanding is that we have four more minutes. Is that correct?

Let me roll up my sleeves, and you just sit back, watch the demo, and be amazed.

Please feel free to interject at any time.

Do you like what you saw?

Then our next logical step is to continue the conversation with John and Mary and prepare a draft proposal for your review.

Does that make sense to you?

Moving forward, is there any other area you would like for us to pursue?

Again, thank you for your business and the opportunity to demonstrate how we can continue to streamline your company.�

Can you see the five suggestions in this simple outline?

It is recommended you turn on the webcam when you open and close the conversation. This makes it easier to make an emotional connection.

Companies who want a competitive edge hire Patricia Fripp. She is a Hall of Fame keynote speaker, executive speech coach, sales presentation skills and on-line training expert. Patricia is also a subject matter expert for Continuing Education at XTRACredits. When

Because you are on a webinar, you can have your opening script and outline printed.

your message must be memorable, your presentation powerful, and

Once you internalize your new, tightened script, it will become second nature.

become a great speaker easily, conveniently and quickly you sign up

your sales successful in-person or online Patricia Fripp can help. To for FrippVT. Why not sign up for your trial today: www.fripp.com

Make sure you smile. Your client will hear it in your voice.

NOVEMBER 16 21

education

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. The CPIA designation is comprised of a series of Insurance Success Seminars. These three, one-day workshops teach practical "before", "during", and "after" the sale techniques for insurance producers, sales managers, account managers and company marketing representatives. 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, The Insurance Success Seminars are guaranteed: Implement the principles covered in these sessions and experience a 20% increase in personal production within six months, or your registration fee will be refunded!

To maintain the CPIA designation: fulfill a bi-annual update by attending one of the three core seminars, an Advanced Insurance Success Seminar, a Pro-to-Pro Retreat, or maintain an active Level 2 or Level 3 membership in the AIMS Society. The CPIA designation is approved by Utica Mutual as part of the premium discount program.

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

CPIA 1 - Position for Success

CPIA 2 - Implement for Success

CPIA 3 - Sustain Success

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

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

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

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

WI CE Course # 65338

WI CE Course # 65340

WI CE Course # 65339

Course Schedule 8:30 – 4:00 Lunch On Your Own 12:00 – 12:45 Registration Fee per Seminar: Includes Seminar Materials, coffee a.m. & soda p.m.  PIAW Member $165.00 or $172.00 includes WI CE fee  Non Member $200.00 or $207.00 includes WI CE fee CPIA 1 – April 12, 2016

CPIA 3 – June 16, 2016

CPIA 2 – December 14, 2016

Holiday Inn West Waukesha, WI

Radisson Appleton, WI

Crowne Plaza Madison, WI

22 NOVEMBER 16

Register: www.piaw.org 1-800-261-7429

education

Dynamics of Service Dynamics of Service is the best supplement to give your personnel the tools they need to succeed! In a competitive marketplace, an agency’s or company’s most important asset is . . . its people.

Denise Semrow, CIC, CISR, AIS

You will discover what makes superior customer service representatives effective–and what keeps SECURA Insurance customers loyal. Participants repeatedly tell us how this course transformed their lives when back on the job.

The success of this Dynamics of Service is a direct result of an energetic and knowledgeable speaker.

Denise Semrow has lived and practiced what she teaches; she knows what works in the “real world.”

When you attend, you will: > Improve your people skills dramatically. > Tune up your professional competence. > Acquire a wealth of tools and techniques for dealing with customers effectively.

November 16 • 2016

Holiday Inn, Waukesha 8:00 am – 4:00 pm $170 Per Course Open to Anyone! No Exam!

7 WI CE – course #63786 / Approved for Utica Discount Includes Lunch Dynamics of Service satisfies the update requirement for CISRs and CSRMs.

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

PEOPLE WHO EARNED THIS ALSO EARNED MORE

30,900 MORE OF THESE

PER YEAR.

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

The most successful training programs for insurance professionals

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

NOVEMBER 16 23

education

Certified Insurance Counselor Each Approved for 20 Wisconsin CE Credits agency management

COMMERCIAL CASUALTY – REVISED!

December 13-15, 2016 Crowne Plaza — Madison, WI 888-233-9527 $103 PIA room rate through 11/12/16

January 25-27, 2017 Hilton Garden Inn Milwaukee Park Place — Milwaukee, WI 414-359-9823 $100 PIA room rate through 12/30/16

• agency organizations • understanding & managing financial strength • Agency planning Rebecca Lathrop, CIC, CPIA

• COMMERCIAL GENERAL LIABILITY CONCEPTS & COVERAGE Allen Messer, CIC, CPCU • ADDITIONAL INSURED CONCEPTS & ENDORSEMENTS • BUSINESS AUTOMOBILE COVERAGES & ENDORSEMENTS Jerry Milton, CIC

• human resources • AGENCY PRODUCTIVITY & EFFECTIVENESS William Toll, CIC

• workers compensation & employers liability John Dismukes, CIC, CPCU, AAI, AIS

•LEGAL & ETHICAL RESPONSIBILITIES John Dismukes, CIC, CPCU, AAI, AIS

WI CE Course # 69299

Day One: 8:00 – 5:15

NEW WI CE Course # PENDING

Day Two: 8:00 – 5:00

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.

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

24 NOVEMBER 16

Please contact Darcy at PIAW to find out how you can benefit from Utica’s E&O Loss Control Program. dbrown@piaw.org or 1-800-261-7429

Open to Anyone & Everyone !

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

• • •

www.piaw.org

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

2016 CPIA Scholarship Sponsors — Thank You!

Contact Brenda to become a sponsor of this fantastic sales education series. bsteinbach@piaw.org

Register today for CPIA Implement for Success, December 14, Madison NOVEMBER 16 25

education

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

education

33 Topics in 2016! Each Approved for 2 or 3 WI CE Credits. Live. No Test. No Proctor.

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

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

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

November 2016 Webinar Schedule TITLE & WI CE

DATE

Ethics: Taking it to the Streets 3 Ethics CE # 70999, Utica Approved

11/2

TIME (CST) 1-4p

INSTRUCTOR

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

11/3

12-3p

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

Man vs. Machine: Cyber Exposures and Insurance Solutions 3 CE # 1011190

11/4

8-11a

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

Flood Insurance – FEMA Approved 3 CE # 1011252

11/7

1-4p

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

Life Insurance Concepts for the P&C Agency 3 CE #70600

11/8

8-11a

Jerry Rhinehart, CIC, CLU, ChFC, RHU

Executive & Management Liability 3 CE # 1010876

11/8

12-3p

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

Weatherstripping the CGL: Drafts, Gaps, Forms and Fixes 3 CE # 1011188

11/9

12-3p

Chris Amrhein, AAI

Social Networking: OMG or E&O 3 CE # 69871, Utica Approved

11/10

12-3p

Chris Amrhein, AAI

What We Learned: Claim and Coverage Issues from Catastrophes 3 CE # 71678 Annuities: Turning Assets Into Income 3 CE # 71013

11/15

12-3p

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

11/16

8-11a

Karin Klaassen, CLU, LUTCF

Managing E&O in a 27/7 World 3 CE # 1010875, Utica approved

11/16

12-3p

Steve Anderson, CIC

Chris Amrhein, AAI

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

Contact Brenda for in-house webinar opportunities. bsteinbach@piaw.org 26 NOVEMBER 16

education

CIC Ruble seminars Exciting update options, they fill up quickly.

March 23 & 24 | Graduate| Hilton Garden – Milwaukee, WI* May 24 & 25 | Graduate | Crowne Plaza – Madison, WI* 16 WI CE (*Includes 4 optional Ethics) 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

certified insurance service representative Open to Anyone!

7 WI CE Credits Course #69338

INSURING COMMERCIAL CASUALTY II

This course, like Commercial Casualty l, strengthens your ability to have productive, assured interactions with your commercial customers in the area of commercial casualty exposures and coverages. You will improve your understanding in each of these areas: • Business Auto Exposures and Coverages • Workers Compensation & Employers Liability • Commercial Umbrella and Excess Liability • Basics of Commercial Inland Marine Insurance

DECEMBER 6 • MADISON DECEMBER 7 • GREEN BAY

CLASS SCHEDULE Instruction

Cou rs e In s tru ctor Todd Davis, CIC Peoria, IL

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 NOVEMBER 16 27

The Phone's

Not Ringing

but it sure does make a lot of noise

by Steve Edwards

I often walk into an agency, ask how business is, and hear, "Pretty slow. The phone's not ringing the way it used to."

Truer words were never spoken. The phone may not be ringing, but it sure is making a lot of noise: dinging, whistling, tweeting, and chiming for all the e-mails, texts, and social media alerts that have become the primary means of communication in today's world.

First, a quick step back on a related, more basic point. Use the Internet to search for insurance agents in your town and visit their websites. I did this recently while doing some research on two agencies that were interested in contracting with West Bend. I was appalled to find generic, static, on-line yellow page ads.

There was no information on personnel, carriers, or specialties.

This isn't news to anybody. For those of you who already proactively use social media channels, bravo! What's scary, though, is that many others aren't using it and are missing out on one of the most efficient ways to market themselves and their insurance business.

While this article won't provide A-Z instructions on using social media, it could motivate you take advantage of its obvious merits. No more procrastinating! It's time to take the first step.

28 NOVEMBER 16

My subsequent search of some of West Bend's agencies revealed some great sites; however, several sites I visited will see far too many potential customers move on to the next agency site. The often-quoted statistic is that while about 75% of insurance buyers do their research online, fewer than 10% actually buy there. If they can't even do the research on your site, there's a pretty good chance they're not buying from you.

So if you feel your agency has a great website, why do you need social media? According to a 2015 report, social media has surpassed organic search as the number-one source of website referral traffic. It's where your future clients are.

How to determine a candidate's suitability

Consider these stats from a 2015 Pew Research Center study: • 72% of all internet users use Facebook.

• Lest you think Facebook is just for young people, >64% Facebook use across all socio economic categories until you get to those older than 65. Young and old alike are using it.

• That number is 78% for those with incomes greater than $75,000.

• 70% of these users are engaged each day.

• The numbers for Linkedln, Twitter, Pinterest, Instagram are all available and worth noting, as well.

• Usage for many of these platforms has doubled since 2012.

Although our industry is a little behind the curve, we're getting there. I serve on a Wisconsin agents' association's subcommittee whose goal is to create a program that provides members with a discounted menu of social media management offerings. I heard the other state association has made that a priority this year, as well.

If you do a google search on "social media marketing for insurance agents," you'll find a lot of interesting reading.

West Bend is active on social media with close to 10,000 likes or followers on Facebook, Twitter, and Linkedln. We offer our agents blog postings you can repost: • West Bend Cares Blog (Personal Lines, published every Tuesday) • SMARTbusiness ® Blog (Commercial Lines, published every other Wednesday) • Culture of Safety Blog (NSI, published every month). Be sure to check out the safety tips and safety blog sections.

We just announced the release of our new Professional Services Page, found on thesilverlining.com. We teamed up with professional speakers and authors to bring you a library of free resources. One of these is Networking via Linkedln through which you can learn how to use Linkedln to grow your network, increase your visibility, and build your professional brand to grow your business.

So what's the point? The point is that it's time to do something, start somewhere, cake it up a notch, put someone in your office on it. If you don't, you'll be left behind. When it comes to encouraging referrals and marketing your business, social media is a must-have tool. If you'd like more information about our social media efforts or would like to discuss how you can incorporate social media into your agency, contact Kristin Bowen at kbowen@wbmi.com or Stephanie Averill at saverill@wbmi.com.

Steve Edwards, Senior Regional Safes Manager - WI, West Bend Mutual

It may seem that you need a crystal ball to decide whether a job applicant will succeed in the position you're trying to fill. You can't predict the future with 100 percent accuracy, but a few clues can indicate a candidate is wrong for your business: • Taking credit for team efforts.

Candidates who claim sole responsibility for success aren't likely to be team players. In most organizations, group efforts are key, Look for candidates who share credit with the team.

• Criticizing former bosses, coworkers, or competitors. Not only does this behavior show a lack of professionalism, it also suggests that the candidate doesn't take personal responsibility for his or her role in successful working relationships.

• Focusing on promotion. You want people with solid career goals, but remember that you're trying to fill a specific position right now. Employees who are constantly looking to move up may neglect their current job as they pursue a more prestigious one.

• Excessive interest in job perks. Asking for details about vacation time, sick time, and other perks are important, but they should come later in the process, after you've covered the requirements and responsibilities of the position. Your candidate may be focused on simply getting a job, rather than building a career.

NOVEMBER 16 29

THE IMPORTANCE OF EXPERT TESTIMONY

agent obtained insurance from the Association for Independent Managers (“AIM”). Following the obtaining of insurance, the woman underwent hip replacement surgery, and the bills were submitted to AIM for payment. The bills were not paid, and the woman discovered

Tim Fenner

AIM was not a Wisconsin licensed health insurance provider, but was rather an insurance

tfenner@axley.com

scam. Unfortunately, this happens all too frequently. Accordingly, she sued the agent. The

(608) 283-6733

agent denied liability. Specifically, the agent indicated his employer, the American Insurance Organization (“AIO”), recommended AIM as an insurance provider, and that AIO had assured him it had conducted a thorough check on all of the companies it had recommended. Before

SEPTEMBER 16, 2016 — From time to

the case went to trial, the agent moved for summary judgment, and one of the grounds

time, I conduct a workshop dealing with

for summary judgment was that the woman had failed to establish,by appropriate expert

law and ethics for insurance agents. One

testimony, whether or not the specific conduct of the agent violated the appropriate standard

of the topics I touch upon is the standard

of care and the nature/extent of the damages sustained. Summary judgment is a procedure

of care required of agents in performing

whereby the judge will decide issues of law, where the relevant facts are not in dispute. The

their intermediary services. Invariably, that

trial court found in favor of the agent and dismissed the woman’s complaint for professional

standard of care is established through the

negligence. Needless to say, she appealed.

testimony of appropriate expert witnesses.

Who are these experts? Generally, they

On appeal, the Wisconsin Court of Appeals noted that whether expert testimony is necessary

are other licensed agents who have been

in any given situation is a question of law for a court to resolve. “Expert testimony is required

involved in the business for a substantial

when the issue under consideration involves ‘special knowledge or skill or expertise on subjects

period of time and have gleaned, from both

which are not within the realm of the ordinary experience of (humankind).’ ” Continuing, the

education and experience, considerable

court stated: “Thus, expert testimony is generally required in malpractice cases, ‘to establish

knowledge about how reasonable agents

the parameters of acceptable professional conduct’ ”. Expert testimony is not required in cases

conduct the business of insurance. Any

where there is a breach that is so obvious it may be determined by the court as a matter of

seasoned agent could probably be

law or where the standard of care is within the ordinary knowledge and expertise of a juror. In

considered an expert in various aspects of

applying the foregoing law to the case on appeal, the Court of Appeals concluded the issue

the business of insurance.

raised in litigation concerning the agent’s alleged negligence, was not within the realm of ordinary experience and required expert testimony to assist the jury in deciding the issue. With

Recently, the Wisconsin Court of Appeals

respect to the damages, the court similarly noted that expert testimony is required to establish

dealt with a case involving an insurance

the appropriate level of damages because in the insurance business, damages from an agent’s

agent and a claim by a client that the

failure to procure insurance are generally determined by the terms of the policy that the agent

agent was negligent in procuring insurance

failed to procure. Therefore, expert testimony is necessary for purposes of explaining the

coverage. In that case, a woman asked her

scope of coverage under the policy. Accordingly, as a result of the woman’s failure to procure

agent to procure health insurance coverage,

appropriate expert testimony to support her claim for negligence and damages, the case was

and the agent did so. Specifically, the

dismissed.

30 NOVEMBER 16

This case illustrates the importance of expert testimony with respect to litigation against insurance agents for alleged professional negligence. Agents are insurance professionals, and as professionals, it is necessary that appropriate opinions by other professionals be considered in determining whether or not a par-

Attorney ROBERT PROCTER

ticular agent has violated the applicable standard of care.

For more information about The Importance of Expert Testimony, contact Attorney Timothy D Fenner at tfenner@axley. com or (608) 283-6733.

AXLEY INSURANCE

Attorney TIM FENNER

Attorney MICHEAL HAHN

ATTORNEYS

Providing timely & cost-effective legal services for all types of insurance industry issues.

• Insurance Agency Ownership & Operations • CSR & Producer Employment Matters • Appearances Before OCI

MADISON, WI 53703 | WAUKESHA, WI 53186

• Drafting Contracts • Mergers & Acquisitions • Plans of Perpetuation & Succession • E&O Consultations

800-368-5661 | LAW@AXLEY.COM | AXLEY.COM

Find an Agency Management System Vendor . . .

with help from Since our hugely successful and informational Automation Seminar in May, PIA of Wisconsin has been receiving many inquiries regarding the PIAW. Agency Management System vendors. As a service to our members, we have developed a special section on our web site to list the name, contact information and short description of vendors that agencies can contact for questions and inquires.

Please visit our website to view the list, www.piaw.org.

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NOVEMBER 16 31

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NOVEMBER 16 33

PIA: Supporting and Protecting

State Insurance Regulation

Periodically, PIA National surveys our members in order to determine how we will deploy our resources on Capitol Hill, specifically which issues to highlight in our advocacy. The issue that consistently tops the list is defending our statebased system of insurance regulation.

Defend it from what? Over the years, there have been many attempts to wrest authority over our industry from state departments of insurance and transfer it to Washington, D.C. It has been said that the best regulation is that which is closest to the people. In the case of insurance, we have a long history replete with examples of why this is true.

We saw during the financial crisis that prudent, conservative state regulation set the insurance industry apart from banks and securities firms that were regulated—as it turned out,

34 NOVEMBER 16

By Mike Becker Executive Vice President & CEO PIA National

badly—by the federal government. Besides, putting things under the control of the federal government is not a way to improve them.

More Support in Congress PIA National continues to be a leader in advocating in favor of our state-based insurance regulatory system. In recent years, efforts by some to bring about a federal takeover have receded. Now rather than facing proposed legislation, such as that which would have brought about “optional” federal charters for insurers and producers, the political winds have shifted in our direction.

Within the few months, both the Federal Reserve and the

influential U.S. House Financial Services Committee have taken steps to ensure that international insurance negotiations are not used to undermine state regulation.

you have to be equivalent. But there’s a difference between

The Fed approved proposed capital requirements for insurers considered “systemically important financial institutions” (SIFIs) that differ significantly from those proposed by European and international insurance regulators.

U.S. because it protects an insurance entity, whereas our sys-

The Fed’s proposal, unanimously approved on June 3, rejects the European Union’s Solvency II regime and the International Association of Insurance Supervisors’ (IAIS) approach to an international capital standard, as embodied in Solvency II. Howard Mills, global insurance regulatory leader for Deloitte and the former New York State insurance commissioner, told Best’s News Service, “It seems to be an acknowledgement of the U.S. state-based system. I will say this proposal has been greeted with relief. It’s a very welcome development.”

The reason this is significant is because some insurance regulators in Europe fail to appreciate how the U.S. insurance regulatory system works. In the past, the IAIS has taken it upon itself to criticize the U.S. system and recommend that we move toward federal regulation.

The action by the Fed takes place at the same time that the U.S. Treasury Department and European insurance regulators are engaged in negotiations for a covered agreement to harmonize regulatory treatment between the U.S. and the EU.

equivalent results and equivalent structure,” Nelson said, adding that a system like Solvency II would not work in the tem protects the policyholder. “So, if you can’t recognize and accept that difference, then you could be easily misled thinking that it wouldn’t hurt us to adopt their system. Well, yes it would. Yes it would,” he said.

Bill to Protect the State System On June 16, 2016, the House Financial Services Committee passed the Transparent Insurance Standards Act of 2016 (H.R. 5143). The bill would ensure that state insurance regulation is afforded appropriate deference in any federal or international decision-making process. PIA National worked with the bill’s sponsor, Rep. Blaine Luetkemeyer (R-MO) in developing the legislation.

The bill sets objectives for U.S. negotiators regarding international insurance standards to ensure that the U.S. doesn’t enter into an agreement that would disrupt the domestic insurance industry; requires that Congress has 90 days to approve or reject any proposed agreement; mandates that any draft agreement be published in the Federal Register; and provides for a 30-day public comment period.

For over 150 years, the state-based system of insurance regu-

Keeping It Local

lation has successfully protected consumers and created a competitive and diverse U.S. insurance market. If global

A source of contention in the talks has been a view expressed by the European Union (EU) that the United States’ statebased regulatory system should more resemble a federal system. This stance has been vigorously opposed by the National Association of Insurance Commissioners (NAIC), many carriers, along with members of Congress. PIA is a steadfast supporter of the state-based system.

standards are promulgated without appropriate consideration

“We are wary of any efforts by others to use international discussions to drive changes to our domestic regulatory regime that could potentially disadvantage U.S. insurers and policyholders and undermine the strength and stability of our system,” said a letter to the committee by National Association of Insurance Commissioners (NAIC) President and Missouri Insurance Director John Huff.

Federal Insurance Office (FIO) any authority to supervise or

In an interview with PIA Connection before stepping down as NAIC CEO, former Senator Ben Nelson said Congress is no longer the biggest threat to state regulation of insurance. He said the bigger threat now comes from the EU in the form of Solvency II, the new regime being negotiated to harmonize insurance regulation among all 28 EU member states.

“They are now in a position that they feel they can dictate that

of the unique state-based system of U.S. insurance regulation, they may actually increase systemic risks and consumer costs by pushing small and midsize companies out of business, reducing competition.

Notably, the legislation also prohibits the U.S. from entering into an international covered agreement that would grant the regulate the business of insurance.

“The role of the FIO in its enabling legislation is unambiguous in that it is specifically prohibited from acting in any manner as a regulator or supervisor of the business of insurance,” said PIA National Vice President of Government Relations Jon Gentile.

“It is gratifying to see Congress reaffirm this principle.”

PIA will continue to advocate for passage of H.R. 5143, in our ongoing effort to protect and defend state insurance regulation—because it works well.

Mike Becker is Executive Vice President & CEO of PIA National.

NOVEMBER 16 35

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NOVEMBER 16 37

PROFESSIONAL INSURANCE AGENTS OF WISCONSIN, INC. OFFICERS

DIRECTORS

Mr. Brian MacGillis, CPIA President 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 Ms. Jodi Cordes, CIC, CRM Vice 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 Treasurer M3 Insurance Solutions, Inc. 3133 W Beltline Hwy Madison, WI 53713 Phone 608-273-0655 Fax 608-273-7783 matt.cranney@m3ins.com

February January December November 2016 2016 2017 2017

Mr. Rick Clements, LUTCF, MDRT, Past President Clements Ins. Agency, Inc. 317 N 6th St. Wausau, WI 54402 Phone 715-842-1664 Fax 715-848-3337 rick@clementsagency.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. Jeremy Cordova, CIC Cordova Agency, Inc. 716 E 2nd St. Merrill, WI Phone 715-536-9576 Fax 715-539-3349 jeremy.cordova@cordovaagency.com

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

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

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

9-12

CRM CONTROL OF RISK Brookfield (20 WI CE)

16

DYNAMICS OF SERVICE Waukesha (7 WI CE)

6, 7

CISR COMMERCIAL CASUALTY 2 Madison, Green Bay (7 WI CE)

PIA of Wisconsin, Inc. 6401 Odana Road Madison WI 53719 Phone: 608-274-8188 Toll Free: 800-261-7429 Fax: 608-274-8195 Toll Free Fax: 866-203-7461 www.piaw.org Ronald Von Haden, CIC Executive Vice President rvonhaden@piaw.org Darcy Brown, CPIA Member Benefits Coordinator dbrown@piaw.org Heather Falk, CISR Bookkeeping hfalk@piaw.org Mandy Penn Executive Assistant mpenn@piaw.org Becca Prestbroten Administrative Assistant bprestbroten@piaw.org Brenda Steinbach Education & Convention Director bsteinbach@piaw.org

13-15

CIC AGENCY MANAGEMENT INSTITUTE Madison (20 WI CE, 4 are Ethics)

14

CPIA 2 – Implement for success ­M adison (7 WI CE)

25-27

CIC COMMERCIAL CASUALTY INSTITUTE Milwaukee (20 WI CE)

1, 2

CISR Personal Lines Miscellaneous Waukesha, Madison (7 WI CE)

38 NOVEMBER 16

15-17

CIC COMMERCIAL PROPERTY INSTITUTE Madison (20 WI CE)

March 2017

8, 9

CISR COMMERCIAL PROPERTY Rothschild, Madison (7 WI CE)

22

CISR COMMERCIAL CASUALTY 2 Milwaukee (7 WI CE)

23-24

JAMES K. RUBLE GRADUATE SEMINAR Milwaukee (16 WI CE, 4 of 16 are optional Ethics)

April 2017

8-10 WINTER GET-AWAY Minocqua (3 WI CE)

25

CISR AGENCY OPERATIONS Appleton (7 WI CE, 1 is Ethics)

26

CISR AGENCY MANAGEMENT Appleton (20 WI CE, 4 of 20 are Ethics)

10, 11

CISR PERSONAL AUTO Waukesha, Green Bay (7 WI CE)

May 2017

Coming Events

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. 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 Secretary Allied Insurance Centers, Inc. 12750 W. North Ave. Brookfield, WI 53005 Phone 262-782-5373 Fax 262-782-6327 spaterson@alliedinsurancecenters.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

STAFF

23

CISR PERSONAL RESIDENTIAL Madison (7 WI CE)

24-25

CIC JAMES K. RUBLE GRADUATE SEMINAR Madison (16 WI CE, 4 of 16 are optional Ethics)

In a class by itself.

Over 5,000 Member Agencies Signed Over $5 Billion Written Premium

THE

TOTAL SOLUTION FOR THE

INDEPENDENT AGENT

info@siaa.net | www.siaa.net NOVEMBER 16 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

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

Primary Contact Information:

The Primary Contact will receive a copy of the Wisconsin Professional Agent magazine and all mailings from PIA State and National. The Primary Contact has voting rights at PIA national meetings. Primary Contact and all agency staff have voting rights at PIA of Wisconsin meetings.

Name & Designation

DOB

Gender

Employment Status

o o

Male

o

Corporation

Female

o o

Part-time

Licensed Owner

Magazine

Privilege

INCL INCL

o

Licensed Producer

Nat’l Voting

Agency Information: Agency Type:o Sole Owner

o

Top 3 P&C Companies (list in order)

Partnership

Other Association affiliated with_____________________________

1)__________________________ 2)__________________________ 3)____________________________

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

Calculate Membership Amount Due:

Part-time employees count as one-half. If count ends in half, drop half. # Owners_________+ # Producers_________+ # Licensed staff_________+ # Unlicensed staff_________= Total Agency Size_______________ DUES SCHEDULE

Total Agency Size $Amount Total Agency Size $ Amount 1 385 16 1025 2 430 17 1070 3 475 18 1110 4 520 19 1155 5 565 20 1185 6 605 21 1230 7 655 22 1270 8 695 23 1320 9 735 24 1360 10 775 25 1405 11 820 26 1445 12 865 27 1490 13 900 28 1530 14 940 29 1575

15 985 30 & Over 1610 I certify that the information on this application is true and correct.

Signed_______________________________ Dated_______________________

Total Amount from Dues Schedule $_______________ Send:

o

Check

o

MC

o

VISA

o

DIS

o

AMEX

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