Primary Agent - April 2024

SUNDER

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Prem Sunder, MBA, CIC, CISR Elite – the recipient of IA&B’s full

designation scholarship in fall 2021 – talks about his career path and his commitment to insurance education.

Jason Walker, president of Agency Revolution, discusses how to leverage marketing technology and your agency management system to enhance agency performance.

STATE OF THE INDUSTRY

In this issue of Primary Agent, I wanted to highlight how IA&B is using technology to get a better understanding of our marketplace.

IA&B participates in the independent agent marketplace summary studies, a compilation of data submitted by all insurance companies. This data is boiled down to independent agent specific insights, with historical trends. IA&B does a deep dive into this annually, along with quarterly updates.

What we are seeing:

▲ Over the last five years, national direct written premium in all lines has grown by $193 billion. But the best part is, independent agents control over 60% of that business. There is a lot of business out there, and IAs are a big part of it. Despite what pundits say, IAs are not losing business to the direct market – in fact, there is slow and steady growth.

▲ The national average for premium increase over the last year is 10%. The good news is that, for Pennsylvania, Maryland, and Delaware, the average is 7%. The hardening market is certainly impacting premium, but our footprint is somewhat sheltered. For perspective, Florida has had a 14% premium increase year-over-year, double what we are seeing.

▲ The national average loss ratio over the last year was 68%, a very high number (five years ago it was 62%). Again, good news is that Pennsylvania, Maryland, and Delaware averaged a 65% loss ratio for the past year – still high, but sheltered from the national average. Loss ratios have had a steady and alarming increase over the last five years, no doubt impacting the hard market as much as inflation.

There is a lot more detail in the data, and IA&B continually studies it to better respond to our members. The more we learn, the better we are, for the benefit of all members.

Onward and upward,

Jason F. Ernest President & CEO

Members: How to Access Marketplace Summaries

Online: IABforME.com/member-resources/#marketplace-summaries

Email: ClaireP@IABforME.com

Phone: 717-918-9202

INSURANCE AGENTS & BROKERS

650 Wilson Lane, Suite 200

Mechanicsburg, PA 17055

191 Main Street, Annapolis, MD 21401

800-998-9644 | IABforME.com

IA&B BOARD OF DIRECTORS OFFICERS

Sarah Brown, CIC, CRM, AFIS - Chair

Keller Brown Insurance Services | Shrewsbury, PA

Andrew Enders, Esq. - Vice Chair Enders | Harrisburg, PA

MEMBERS

Lisa Parry Becker, CPIA Parry Insurance Langhorne, PA

Greg Bennett

Famous & Spang Associates Aberdeen, MD

Kate Dawson, CPIA

Ferri Dawson Insurance Murrysville, PA

Len Gieseler, LUTCF

Evans Hauseman & Richard, Inc. Pottstown, PA

Bruce D. Kraft, AAI, CIC

Arbor Insurance Group Allentown, PA

Debra McAfee

McAfee Insurance Agency, LLC Wilmington, DE

Shayne McIntosh, CIC

JPI Insurance Associates Dillsburg, PA

Chris Miller, CIC

Miller Insurance Protection Team Jonestown, PA

Michael Papa, CIC, MBA

Diversified Insurance

Industries, Inc. Hunt Valley, MD

Bill Purdy Purdy Insurance Agency, Inc. Sunbury, PA

Kent Reynolds, CIC Blue Ridge Risk Partners LLC Hagerstown, MD

David Rivell, CIC, CRM Element Risk Management

West Chester, PA

Jason Rodriguez, CIC Prominent Insurance Svcs Wilmington, DE

Donna Roper

E K McConkey & Company York, PA

Candace Shoupe, AAI, AIC CBM Insurance Agency New Castle, DE

Bob Smyrl, CIC

Robert L. Smyrl, Inc. Hatfield, PA

Michael Thomas

Lighthouse Insurance Svcs Gambrills, MD

NATIONAL DIRECTORS

Mike Ertel (PIA)

AP Benefit Advisors, LLC dba The Jacobs Company | Columbia, MD

Diana Hornung, CIC (IIABA)

IOA National, Inc. | Wilmington, DE

Mark Monroe (IIABA)

Griffith Insurance, LLP | West Chester, PA

QUESTION:

ANSWER:

Whether you are a Pennsylvania, Maryland, or Delaware resident licensed agency, with very limited exceptions, the proper (and statutorily required) way to address non-resident state licensing is to license the agency*, as well as each and every producer in the agency who actively “sells, solicits or negotiates” risks of insurance located in the non-resident states.

STATUTORY REQUIREMENTS

Are you a member with a question?

DON'S DISCUSSION

IA&B Legal & Corporate Affairs Director Don Bankus

Contact Don at 717-918-9204 or DonB@IABforME.com.

Is it OK to obtain non-resident licenses only for the agency and one of the owners, even if other resident licensees in our agency also actively produce business in those non-resident states?

The practice of simply licensing the agency and a singular designated producer in states where the agency maintains a non-resident license may seem ideal from a purely pragmatic perspective. However, doing so when there are other licensed producers in the agency who actively “sell, solicit or negotiate” insurance products in the non-resident states puts both the agency and those who do not have the requisite nonresident license at risk of violating the respective states’ insurance producer laws.

negotiate a contract of insurance in this state for any class or classes of insurance unless the person is licensed as an insurance producer for that line of authority under which the contract is issued.”

▲ As to the agency – Agencies are expressly prohibited from accepting applications or orders for insurance from any person or securing insurance that was sold, solicited, or negotiated by any person acting without an insurance producer license.

▲ In addition to the above requirements, these same statutes likely also prohibit a producer from acting on behalf of an insurer unless the insurer has appointed the producer.

POTENTIAL REPURCUSSIONS

Violations of a respective states’ statutory provisions can have significant repercussions for both the agency and affected producers who aren’t licensed in the nonresident states, including:

▲ Denial, suspension, revocation or refusal to renew a license

▲ Possible determination of committing a misdemeanor

FINAL THOUGHTS

While licensing only the agency and a singular producer may have worked to date – and although licensing all applicable personnel can be laborious and expensive –the business of insurance is highly regulated and scrutinized. Failure to adhere to the requirements of the respective states’ licensing statutes can ultimately lead to unwanted consequences.

* There are only a handful of states with laws that don’t require licensing of the agency. These include Iowa, Rhode Island, Tennessee, Vermont, and Wisconsin.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

The issue at hand is governed by respective states’ producer licensing statutes, which generally provide that:

▲ As to the individual and the agency – “A person shall not sell, solicit or

▲ The imposition of a civil penalty/ fine, which can be severe (for example, up to $5,000 per violation in Pennsylvania, and $20,000 per violation in Delaware)

An audio version of this article is also available as a podcast

AUTO POLICY RACING EXCLUSIONS

By Bill Wilson

In the last issue, we answered the question, “Who needs an umbrella policy?” At the end of that column, I mentioned that the majority of umbrella claims originate from auto accidents. There have been a number of high-profile “celebrity” auto accidents. One that comes to mind and is relevant to this discussion involves the family of professional wrestling (or as we insurance columnists here in the South say, “wrasslin’”) legend Hulk Hogan, whose real name is Terry Bollea.

In 2007, his 17-year-old son, Nick Bollea, was involved in an auto accident that resulted in a permanent

brain injury to his passenger. Bollea was allegedly street racing another vehicle when he lost control of his father’s car. According to news accounts, the Bollea family’s sole source of insurance recovery was $500,000 under his auto policy, so he sued his insurance agent for failing to provide umbrella insurance.

In a motion to dismiss the case, his agent provided evidence that umbrella coverage was offered, but declined, on several occasions, including just four days before the accident. As an aside, it’s easy to see why all those E&O classes you’ve attended recommend always

offering broader essential coverages and documenting declinations of those offers.

But the question we’re focused on in this issue’s column is, “Do personal auto policies cover liability claims arising from racing?” The answer is what you might expect: It depends. It depends on the circumstances and facts of the accident and on what the policy form says given that (despite what consumers might gather from industry advertising) auto insurance is not a commodity differentiated only by price. Let’s examine the wording in three different personal auto policies.

First, ISO’s Personal Auto Policy excludes:

Any vehicle, located inside a facility designed for racing, for the purpose of … competing in; or … practicing or preparing for … any prearranged or organized racing or speed contest.

Note that this racing exclusion applies only while the vehicle is “inside a facility designed for racing.” Since the Bollea family had auto liability coverage that responded to the claim, presumably the racing exclusion, if that was an issue, might have been comparable to this language, and so the exclusion did not apply.

Second, a non-ISO insurer’s proprietary policy excludes:

Covered ‘autos’ while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered ‘auto’ is being prepared for such a contest or activity.

Note that this racing exclusion doesn’t require the auto to inside a facility designed for racing. However, the race must be professional or “organized,” whatever that last term might mean. Typically, street racing doesn’t fall into this category, so the Bollea policy could have been similar to this wording such that there was coverage.

Third, a form mandated at the time in North Carolina excluded:

Any vehicle while participating in any prearranged, organized, or spontaneous … racing contest, speed contest, demolition, stunt activity…. [emphasis added]

Note that this exclusion applies even to “spontaneous” racing, such as most street racing, an exposure far more common than organized racing events. Since the policy in force responded to the claim, it is unlikely that the “racing” exclusion was this restrictive.

This illustrates that, when you’re assisting a customer in choosing a policy, coverage differences are material. Is a vehicle being insured a high-performance model?

Are there any youthful drivers? Are there drivers with speeding violations? Answers to questions like these could be material to the insured’s decision on which policy is most appropriate for their unique potential loss exposures.

This type of exclusion alone debunks the premise so often put forth in consumer articles about saving money on car insurance, that you need to compare “apples to apples.” What they mean is compare the same basic coverages at the same limits or deductibles. However, we know that this tells you very little about the actual policy language or how it might be applied to the facts and circumstances of each accident.

Finally, I’ll leave you with some words of advice you can pass along to your customers from the 19th century English philosopher and writer John Ruskin:

There is hardly anything in the world that some man cannot make a little worse and sell a little cheaper, and the people who consider price only are this man’s lawful prey.

Bill Wilson, CPCU, ARM, AIM, AAM is the founder and CEO of InsuranceCommentary.com and the author of seven books, including “When Words Collide…Resolving Insurance Coverage and Claims Disputes.” He can be reached at Bill@InsuranceCommentary.com.

An audio version of this article is also available as a podcast

PA WORKERS’ COMP UPDATES

Effective April 1, 2024, new and renewal policies will be subject to an overall average change of -7.88%.

IA&B staff attended an annual meeting with the PCRB, where we received an overview of the data used to support the loss cost filings. As in prior years, the increases in severity were more than offset by a continuing decline in frequency.

Immediately following the Insurance Commissioner’s approval of the revised loss costs and related values as filed, the Pennsylvania Compensation Rating Bureau began producing new experience mods and worksheets. The mods will start incorporating the substantive changes made to the experience rating plan, also effective on April 1,

Now part of Harford Mutual Insurance Group, Clearpath Specialty provides specialized Workers’ Compensation coverage to protect your business.

INSURANCE EDUCATION SCHOLARSHIP

RECIPIENTS

IA&B is pleased to announce the recipients of our winter 2024 insurance education scholarships. These include 11 member agencies from Pennsylvania, Maryland, and Delaware, as well as two aspiring agents from member agencies.

CIC Course Scholarships

Avery W. Hall Insurance Agency Salisbury, MD

Barnes-Bolinger Insurance Services Westminster, MD

Hamilton Insurance Agency Edinboro, PA

Marvel Agency Jenkintown, PA

Strickler Agency Chambersburg, PA

William Penn Insurance York, PA

CISR Course Scholarship

Lehman Insurance Agency Ephrata, PA

CE Webinar Scholarships

The Jacobs Company Columbia, MD

Liberty Insurance Agency Pittsburgh, PA

Rossbacher Insurance Services Corry, PA

The Insurance Market, Laurel, DE

Licensing Study Course Scholarships

Ashlynn Miller, Howard Hanna Insurance Services Pittsburgh, PA

Luca Mattei Troast-Singley Insurance Agency Philadelphia, PA

IA&B introduced the insurance education scholarship program in late 2018 to support the future of the independent agency system. The scholarship program aims to develop new talent and support existing agency staff through insurance education. Each year, IA&B awards about $10,000 in scholarships to individuals and member agencies toward designation, continuing education, and licensing study courses.

The next round of scholarships will be awarded in September 2024. These will include scholarships for member agencies to register one employee for a CIC course, CISR course, or CE webinar, as well as individual scholarships for licensing study courses and full designations. The designation scholarships will be awarded to two individuals –one to obtain the CIC designation and another to obtain the CISR designation. Applications will be available in May.

IABforME.online/scholarships

WOMEN’S CONFERENCE SPONSORS

IA&B held its second annual Women’s Conference on March 27 in Hershey, PA. The event brought together over 150 insurance professionals from across Pennsylvania, Maryland, and Delaware. We offer our sincere thanks to the generous sponsors who made this event possible.

Q& A with PREM SUNDER

Prem Sunder, MBA, CIC, CISR Elite is a Commercial Insurance Account Manager with Miller’s Insurance Agency, a full-service independent agency in Downingtown, PA. The recipient of IA&B’s full designation scholarship in fall 2021, Sunder completed his CIC designation in September 2023.

Q. How did you get started in the insurance industry? Tell us about your career path.

A. My first insurance job was at the agency where I insured my first car. They hired me to join their property and casualty department. I got my insurance license right away and began selling personal and commercial lines insurance.

Before that, I worked in the shipping industry, selling cargo space. That was in India. When we came to this country, I went to Temple University to earn my MBA. That’s when I began working at the first agency. I was there for five years and fell in love with insurance. Subsequently, I had a few more years of commercial insurance experience as well.

Here at Miller’s, I am an account manager in the commercial insurance department. My primary goal is to review and renew policies. I try to understand the industry, find coverage gaps, and cross sell to round out accounts. I work mostly on small business accounts with premiums of $5,000-$50,000.

Q. What’s your favorite part of working in the insurance industry?

A. My favorite part is handling the everyday challenges, offering coverage-based risk management solutions to business owners. It is rewarding when the clients understand the value of an independent insurance agency.

I enjoy working with my friendly and professional teammates. The environment at Miller’s is fantastic which makes every workday enjoyable.

Q. What professional accomplishment are you most proud of and why?

A. I would say getting my CIC designation and getting the scholarship for that. I was very excited when IA&B awarded the scholarship to me.

Going through all five CIC courses was a challenging but interesting experience. All of the instructors were great. If I had to pick a favorite course, it would be Commercial Multiline. It was very interesting. It covered umbrella, EPL, a variety of things in two days.

Q. Congratulations on earning your CIC designation! You also hold the CISR Elite designation, which is an impressive accomplishment. What drives your commitment to insurance education?

A. I firmly believe the more I have, the more I can give. The management at Miller’s Insurance Agency offers biweekly, in-house training, and also encourages employees to pursue other learning opportunities for career growth and professional development to better serve the insureds.

Q. What advice would you give to those agents who are considering an insurance designation?

A. Participating in the courses offered by IA&B is very valuable and builds confidence. Learning from instructors who are the best in the industry is an experience not to be missed. It is definitely a valuable investment that provides good returns.

Q. Now that you’ve completed your CIC designation, what professional goal is next for you?

A. To be a trusted insurance professional for the clients we serve. The nature of today’s risk has grown beyond the traditional risks of the past, so keeping up with the latest developments in the industry is of paramount importance.

Q. When you’re not working, what do you like to do with your time?

A. As a family, we like to travel and visit places both inside and outside the country. Our whole family likes to watch and follow tennis, and both of my children play tennis as well. We make it to U.S. Open every fall to watch the professional tennis players compete. My favorite players are Novak Djokovic, Casper Ruud, and Frances Tiafoe here at home. Locally we also get involved in community activities and volunteer events, and we enjoy hiking and bike rides.

Maximizing the Power of Data:

Leveraging Marketing Technology and the AMS to Enhance Agency Performance

BY JASON WALKER, AGENCY REVOLUTION

Independent agents know the importance of their agency management system (AMS). While the AMS is a critical component for managing policies and operations, its potential lies in the data it holds. To fully capitalize on client information, agencies should integrate their AMS with digital solutions and tactics, including a connected website, data-driven marketing automation, and personalized user experiences. With the right marketing technology, agents can make huge steps in translating data insights into actionable strategies that drive sales, service clients, and enhance retention.

UNLEASHING THE POTENTIAL OF DATA IN THE AMS

Insurance agents are well aware of the wealth of data residing within their AMS. This data encompasses client information, policy details, claims history, and more. However, the challenge lies in harnessing this data effectively to optimize business performance and client interactions. By tapping into the power of marketing technology, agencies can transform specific client data into actionable intelligence that propels their success.

THE ROLE OF MARKETING TOOLS IN DATA UTILIZATION

Websites as a Gateway to Client Engagement

A sophisticated website acts as a powerful gateway for client engagement and interaction and is what most clients and prospects will expect from an agency. By connecting a best-in-class website with an agency’s AMS, it’s possible to create a seamless digital experience for clients that is technology-driven. Real-time quoting tools, policy information modules, and self-service options empower clients to access information conveniently and make informed decisions.

A well-designed website not only enhances client satisfaction but also serves as a valuable sales tool. By leveraging data insights from the AMS, agencies can personalize website content, tailor product recommendations, and drive targeted marketing campaigns that direct prospects back to the website. This level of customization fosters stronger client relationships, boosts conversion rates, and sets agencies apart in a competitive market.

Marketing Automation for Efficiency and Personalization

Marketing automation technology streamlines repetitive and time-intensive tasks, enabling agencies to operate more efficiently and focus on high-value activities. By integrating marketing automation with their AMS, agencies can automate lead nurturing, policy renewals, and client communications. This not only saves time and

resources but also ensures consistent, relevant, and timely interactions with clients.

Moreover, automation tools facilitate personalized communication at scale. By leveraging data from the AMS, agencies can segment clients based on their preferences, behaviors, and needs. Automated messages, tailored offers, and targeted campaigns can be delivered to clients across multiple channels, creating a personalized and engaging experience. This level of personalization strengthens client loyalty, drives cross-selling opportunities, and enhances overall client satisfaction.

Personalization for Tailored Client Experiences

Personalization is key to delivering tailored client experiences that resonate with individual preferences and needs. By leveraging technology to analyze data from the AMS, agencies can create personalized interactions that drive engagement and loyalty. Client profiles, purchasing history, and interaction data can be used to

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INTELLIGENT INSURANCE MARKETING SOLUTIONS

Is it time for a new website? Are you considering marketing automation? Contact Agency Revolution, an IA&B vetted vendor.

Agency Revolution combines the innovative website platform, Forge (formerly ActiveAgency by Forge3), with the best-in-class marketing automation platform, Fuse, creating an unparalleled marketing system designed exclusively for the insurance industry.

Learn more and schedule a demo. agencyrevolution.com/get-a-demo/

Questions? Contact Brandon Gray. 541-585-3705 | brandon.gray@agencyrevolution.com

Acuity

PRESIDENT Melissa Winter

Insurance Agents & Brokers proudly recognizes Acuity as one of its Platinum Partners. IA&B Platinum Partners dedicate the highest level of sponsorship to our organization.

It’s About Trust

Today more than ever, you need to partner with a company you can trust. A company that offers you stability that spans years of financial and operational performance. A company that is rated A+ by both A.M. Best and Standard & Poor’s and named to the Ward’s 50 list of top-performing property-casualty companies for nearly a quarter century. And most important, a company you can depend on when times get tough.

That company is Acuity. We have a 98-year history of partnering with independent agents and offering products and services backed by financial strength and consistency. Unlike companies that move in and out of markets or make drastic changes depending upon underwriting cycles, Acuity provides a stable, viable market over the long haul.

Never has this been more valuable than in today’s challenging market where Acuity truly is “open for business.” Acuity continues to provide:

• A full product line of P&C business for personal and commercial lines, including workers’ compensation, helping you place all lines of an account with one carrier.

• True tiered rating programs in both auto and homeowners and our Road and Residence bundle.

• Monoline and package policies in commercial lines, including businessowners’ (BOP) forms.

• Endorsements designed for targeted classes of business, including contractors, truckers, retailers, service businesses, and manufacturers.

• And much, much more.

Acuity also offers you an expansive continuing education (CE) program featuring courses taught by expert Acuity staff as well as award-winning video courses. In the past 2 years alone, agents have earned over 120,000 CE credits through Acuity—at no charge.

Additionally, we understand that your customers want to work for and do business with companies that not only provide quality products and services, but that operate ethically and have a clear focus on their mission. We are driven by our common purpose: “With kind hearts, we dare to care for our family of employees, agents, and customers, by staring down risk.” That shapes who we are and what we strive to be as an employer, business partner, and insurer.

Daring to care and focusing on our purpose defines the Acuity difference. It’s why we take the time to know you and your customers and deliver the right protection at a fair price. It’s why we’re motivated by customer satisfaction, and why we earn an incredible 97% satisfaction rating from people who’ve had a claim and maintain a reputation for innovative products and service excellence.

In short, Acuity understands what people care about and promise to be there to help protect it. That’s why we insure nearly 150,000 businesses, including 350,000 commercial vehicles, and over a half million homes and private passenger autos across 32 states. It’s why we’ve grown to manage more than $6 billion in assets and generate over $2.6 billion in revenue. And it’s why we’re trusted by over 1,000 independent agencies across the country.

PICS & POSTS

Facebook.com/IABforME

LinkedIn.com/company/IA and B

Twitter.com/IA and B

YouTube.com/@IA_and_B

POWER OF DATA

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craft customized offers, recommend relevant products, and anticipate client needs - without significant time investment by agents.

Personalized communication not only enhances client satisfaction but also boosts sales and retention rates. By demonstrating a deep understanding of client preferences and delivering targeted solutions, agencies can build longlasting relationships and position themselves as trusted advisors. Personalization fosters a sense of exclusivity and relevance, driving client loyalty and advocacy.

CONCLUSION: TRANSFORMING DATA INTO VALUE

The true power of an AMS lies in the ability to drive technology-enabled action based on specific client data. By leveraging advanced marketing tools such as websites, marketing automation, and personalized user experiences, insurance agencies can unlock the full potential of their data and drive increased sales, improved client retention, and enhanced customer experiences.

In a competitive market where data is king, agencies that harness the power of integrated technology to leverage their AMS data will gain a strategic advantage. By transforming data into value through targeted marketing strategies, automation, and personalized client interactions, agencies can position themselves for success in an ever-evolving industry landscape.

Jason Walker is president of Agency Revolution. Agency Revolution provides insurance marketing automation software and websites for independent insurance agencies and brokerages in the United States and Canada. Learn more: agencyrevolution.com

An audio version of this article is also available as a podcast

Risk is everywhere. In everything. With Applied Underwriters by your side, the gears of commerce, innovation, and exploration keep turning. Experience the unrivaled heart and unwavering service that only Applied delivers.

Learn more at auw.com or call (877) 234-4450.