Pennsylvania Primary Agent - April 2015

APRIL 2015 | PENNSYLVANIA

NEW BRANDING CAMPAIGN HOW TO COMPLY WITH OBAMACARE

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© Copyright Employers Mutual Casualty Company 2015. All rights reserved.

IN THIS

ON THE COVER 12

BAND TOGETHER TO BRAND Join us as we launch a significant effort aimed at securing your agency’s continued success and the independent agency channel’s longevity.

ALSO 20

THE ROAD TO AFFORDABLE CARE ACT COMPLIANCE Explore possible directions for your agency in light of the Affordable Care Act.

IN EVERY ISSUE 2

Chairwoman of the Board

3

Ask Our Experts

4

Preventing Errors & Omissions

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Coverage Corner

8

State News

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IA&B Partners

IBC My Events IBC Advertiser’s Index IBC Classified Ads

Periodical postage paid at Mechanicsburg, Pa. and at additional mailing offices. Ride-along enclosed. Postmaster: Send address changes to Insurance Agents & Brokers, 5050 Ritter Road, Mechanicsburg, PA 17055.

Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2015-04, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

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Copyright 2015. All rights reserved. No material may be reproduced in whole or in part without written consent of the publisher. The information in this publication is general in nature and not intended to serve as legal, accounting, financial, insurance, investment advisory or other professional advice as to any reader’s particular situation. Users are encouraged to consult with competent legal, financial, insurance, investment advisory and/or other professional advisors concerning specific matters before making any decisions. We disclaim any responsibility for any decisions or actions by readers. Statements of fact and opinion in Primary Agent are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of IA&B. Participation in IA&B events, activities and/or publications is available on a non-discriminatory basis and does not reflect IA&B endorsement of the products and/or services.

IABforME.com | PRIMARY

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CHAIRWOMAN OF THE BOARD’S MESSAGE

INSURANCE AGENTS & BROKERS

LET’S BRAND TOGETHER

5050 Ritter Road | Mechanicsburg, PA 17055 800-998-9644 | IABforME.com

OFFICERS

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Chair of the Board

he IA&B boards of directors are made up of independent agents, most of them agency owners and principals, just like you. We’re an eclectic group with differing backgrounds, varied opinions and diverse agencies that we call home. But we hold several key beliefs in common – including the confidence we place in the independent insurance agency channel and the value we place on our agents’ associations.

In this issue of Primary Agent magazine and throughout various communications in the weeks and months ahead, you’ll learn about IA&B’s new branding campaign. The campaign is a long-term venture, and it requires significant budgetary and association staff resources. Know that the boards of directors of your state association and its sister association in Delaware approached this with due diligence. Our approval of the campaign – and of the funds to support it – came after countless hours of research and evaluation and debate that stretched over many months.

Diana M. Hornung Hanby, ACSR Vice Chair of the Board

Robert S. Klinger, LUTCF, CPIA Immediate Past Chair of the Board

G. Greg Gunn, CIC

MEMBERS Henry “Butch” Bradley, Jr. Forest Hill, MD

E. Stephen Burnett, CIC, ARM Wilmington, Del

Richard F. Corroon, CPCU Wilmington, Del

N. Lee Dotson, CIC, AAI Wilmington, Del

Michael P. Ertel+ Columbia, MD

John B. Hollister Milford, PA

Jocelyn R. Howard-Sinopoli, CIC, CISR Butler, PA

In the end, we recognized that the time has come for us, as fellow members of the independent agency community, to collectively address our diminished market share. And we determined that methods outlined in this publication – support of agencies’ individual brand development, along with incorporation of the national Trusted Choice brand – provide our best opportunity to push back against our competition and to capitalize on the strengths that independent agents bring to the table.

Douglas A. Loesel, CPCU

Join us. Capitalize on the boards’ investment, and leverage the campaign in your own agencies in the weeks, months and years ahead. Now is the time to band (and brand) together. n

Joseph R. Pastor, CPCU, AAI

Erie, PA

Michael F. McGroarty, Sr. Pittsburgh, PA

Crag S. Mader

Gambrills, MD

Ann Gallen Moll, CIC Reading, PA

Mark J. Monroe

West Chester, PA Oil City, PA

Richard M. Rankin, CIC Lancaster, PA

April E. Ressler, CIC Altoona, PA

Scott C. Rogers, CPIA* York, PA

Until next time,

Glenn R. Strachan

Ft. Washington, MD

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM** New Castle, Del.

Diana M. Hornung Hanby Chairwoman of the Board

J. Marshall Wolff, CIC, CPCU Easton, PA

* Pa. IIABA National Director ** Del. IIABA National Director + Md. PIA National Director

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APRIL 2015

Ask Our Experts

Question: We’re building a quote area on our website. Is there anything we should be looking out for?

Answer:

A

bsolutely! Using your website in a more dynamic way is definitely a good idea. Many options are now available and make for a more engaging experience. However, there are a number of items to address.

• It is not uncommon for E&O carriers to take a look at your website before providing coverage and place conditions if you failed to secure a page that gathers your customers’ personal information.

One of the first things that comes to mind is making sure that any page that collects personally identifiable information (PII) is secured. Information prospects enter for a quote would definitely qualify as PII. The proper method to secure web pages varies depending on your system. It is, however, generally simple to do. Your web developer should be able to point you in the right direction and help select the right protocol and security certificate.

We focus here on securing a quote page.

When building or rebuilding a website, other items should be carefully weighed, including finding the right balance between painting the agency in a positive light while not increasing an agency’s standard of care. Be engaging, but do not promise on something you cannot or will not deliver.

Note that: • It is easy to know if your web page has been secured (the URL will show “https” instead of “http” and/or a Lock icon with embedded security details will be visible).

ACT, the Agents’ Council for Technology (IndependentAgent.com/ ACT), has a myriad of resources to help you build a more effective website.

Both marketing and E&O considerations are addressed. Feel free to consult their resources or call us for more information. n

IABforME.com | PRIMARY

This month’s answer was provided by Claire Pantaloni, CIC, CISR, our industry affairs director. Catch Claire in our Human Resources Pitfalls education offering, coming this fall.

Have a question?

Ask our experts!

Rely on our experts to answer your most perplexing questions. Visit the Ask Our Experts section of IABforME.com (find the link in the website footer) to submit your question and review answers to other frequently asked questions.

Or email your question to us at IAB@IABforME.com. We look forward to hearing from you.

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PREVENTING ERRORS AND OMISSIONS

IS DOCUMENTATION REALLY THAT IMPORTANT? Utica National E&O Program

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or some strange reason, this is a common question among agency staff. For those staffers who have never experienced an errors-and-omissions claim, possibly it is hard for them to truly and totally comprehend the value of good quality documentation.

Hopefully, the agency veterans can emphasize the significant value documentation provides related to the direction E&O claims can take.

AN IMPORTANT ELEMENT Documentation is one of the most important elements of a quality E&O culture and commitment within

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an agency. However, for an agency staff member to state that he or she documented the conversation in the file may not be good enough. What does the documentation say? What story does it tell? A number of components are essential for documentation to possess its true value.

1. The documentation should be performed promptly. This does not mean at the end of the work day or “when I have a minute.� Ideally, it means as soon as the conversation has concluded. For those that can multitask, documenting the discussion

APRIL 2015

while you are having it is great as it enables you to accurately note the various items/topics being discussed.

2. The documentation should include details such as with whom you spoke, what was discussed, whether there are any open items and who has what responsibilities and duties moving forward.

3. The documentation should be professional. This may fall into the commonsense category, but there is the possibility that the discussion was emotional in some manner. The

agency staff should be careful to ensure the documentation does not reflect this emotion. The saying “don’t put anything in the file that you wouldn’t want a jury to read” comes to mind. For example, the following statements recovered from actual files did not help the agency’s defense: “I’m sorry I could not get back to you sooner” and “I’ve been too busy.”

4. The documentation should tell a story. If the customer calls back and the initial staff member is not available, the staffer helping the customer will be able to read the documentation, know exactly what was discussed and determine what any next steps are.

5. At times, the file should reflect some form of written communication (email, letter, etc.) that memorializes the conversation. When a person documents a conversation, he or she is, in essence, documenting his or her version of it. Is it possible that there was a misunderstanding or that the customer didn’t provide the information he or she thought?

This does happen, so documenting the details of the conversation back to the customer is a solid E&O loss prevention tool. The goal is to make the customer accountable for his or her insurance decisions.

DOCUMENTATION IS KEY If agencies followed these straightforward concepts, there would be fewer E&O claims and a greater percentage of E&O claims that did develop would be closed for “no pay.” Unfortunately, this does not always occur, and invariably, the most important document in the E&O matter is the one that is not in the file. It involves those declinations/deletions of

coverage and explanations or answers to various insurance-related questions.

It is amazing how at the time of an E&O claim, one of the parties (typically the insurance professional) will be adamant that he or she had a conversation with the customer and can almost recite “chapter and verse” details of that conversation.

Ironically, the other party (the customer) will have a totally version of that conversation or may actually allege that he or she does not even remember the discussion ever happening. Therefore, is it to be assumed that this will happen and that everyone will have a different story?

Perhaps. This in itself shows the value of good, quality documentation.

Imagine an E&O claim has occurred and you are asked to produce various documents as is typically the case. As the agency producer/CSR on the file, you produce records of detailed conversations with the customer. Let’s presume that your customer, who will be asked to produce his or her various documents, has nothing. Who do you think will have more credibility in the eyes of the court?

Showing a solid track record of providing consistent quality documentation will certainly enhance your credibility.

Now take the opposing perspective. You as the agency staff member comment that you remember explicitly the exact conversations you had with your customer. However, when you are asked to produce details of those conversations, you have nothing. A common phrase used by attorneys in E&O matters is, “If it’s not in the file, it didn’t happen.” Your memory of those conversations will not carry the same weight as the necessary, detailed documentation.

IABforME.com | PRIMARY

There have been a significant number of E&O claims where good quality documentation heavily determined the direction of the claim. In fact, many E&O carriers state year after year that they are closing two out of every three E&O claims for no payment. That is an impressive statistic which speaks to the quality of the defense counsel, the agencies the carrier insures and the agencies’ strong commitment to solid E&O loss prevention.

Unfortunately, there have been a significant number of E&O claims where the lack of quality documentation resulted in the agency being responsible for the damages when it probably should not have been. There were cases where the CSR stated that he or she was “just too busy” to do the proper job of documentation. Imagine being on a jury and hearing that!

Clearly, good quality documentation is the key. As Aristotle once stated, “Excellence is an art won by training and habituation. We are what we repeatedly do. Excellence, then, is not an act but a habit.”

Sounds like a pretty smart man. n

The Utica National E&O Program supplied this article. Our sales center is the exclusive agent for the Utica E&O program in Delaware, Maryland and Pennsylvania.

For questions regarding this article or your E&O coverage, contact IA&B at 800-998-9644 or IAB@IABforME.com.

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COVERAGE CORNER

WHAT IS A “WORK-RELATED INJURY”?

Jerry M. Milton, CIC

I

’ve been teaching workers’ compensation for many, many years.

I always try to keep things simple so I’ll be able to understand them. If it gets too complex, I get confused.

When discussing workers’ compensation, I’ve always said that the various state workers’ compensation laws are similar – they stipulate that benefits will be paid for a “work-related injury” or an “occupational illness.”

Keeping it simple, I usually say that in order for it to be a “work-related injury,” there are two requirements that must be satisfied: 1) the injury must occur while

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at work and 2) the injury must arise out of the work. To prove my point, for years I’ve used an Alabama case in which two warehouse employees were arm wrestling during their break. One of them suffered neck and back injuries and filed a workers’ compensation claim.

The insurer denied the claim, and the trial court agreed with the insurer. The court stated that “the injuries did not arise out of the employee’s work or during the course of employment.

However, the Pennsylvania Workers Compensation Board (WCAB) and the Pennsylvania courts don’t necessarily

APRIL 2015

agree with this interpretation of the workers’ compensation law.

On Nov. 10, 2014 a Pennsylvania appellate court affirmed an order by the WCAB awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when he was bitten in the face by a coworker’s dog.

In 1912 Hoover House Restaurant v.

Workers Compensation Appeal Board, No. 309 C.D. 2014, (Pa. Commw. Ct. 2014), the appellate court concluded that the worker was on a smoke break at the time of his injury and that petting

the coworker’s dog had nothing to do with his duties as a part-time line cook.

However, the court indicated that the WCAB could conclude the injuries arose out of and in the course of the injured worker’s employment since the employer’s premises had a break area where employees regularly smoked, the injured worker was within three feet of an ashtray tower provided by the employer, and that although petting the dog was not part of the cook’s job, small temporary departures from work did not break the course of employment rule.

The facts of this case were similar to those in The Baby’s Room v. Workers Compensation Board, 860 A.2d 200 (Pa. Commw. Ct. 2004), in which the claimant was injured while making a furniture delivery. After delivering furniture to a residence, he jumped up and grabbed the rim of a basketball goal which was on the driveway of the residence. The claimant’s hand slipped off the rim and he fell backwards, hitting his head on the concrete driveway.

As a result, he suffered a traumatic brain injury. In this case the court found that the injured worker was eligible for workers’ compensation benefits since his actions were “an inconsequential departure from delivering furniture” for his employer.

But, wait! Hold on! Just when you think you’ve got it figured out, along comes the case of Trigon Holdings, Inc. v. Workers Compensation Appeal Board, 74 A.3d 359 (Pa. Commw. Ct. 2013). In this case, the worker sustained injuries while polishing a bolt for his child’s go-cart while he was on the employer’s premises using the employer’s tools. The injured worker checked to make sure all his work was complete, told his co-workers that he was going to the tool and die room for a few

minutes, walked the 20 to 25 feet to the room and polished the bolt, sustaining injuries while doing so. The appellate court held that his departure to the tool and die room was a “pronounced and significant” divergence from his duties, and therefore workers’ compensation benefits were not applicable.

In the 1912 Hoover House Restaurant case, the court indicated that petting the dog was similar to touching the rim in The Baby’s Room case. The smoke break did not interfere with the line cook’s duties and was acceptable by the employer. The additional step of petting the dog was an inconsequential departure for the cook and was not comparable to the employee’s departure in Trigon Holdings, Inc. What’s a “work-related injury” in Pennsylvania? I don’t know.

I’m confused!

Y’all take care! n

Jerry M. Milton, CIC, teaches and consults on industry issues. The legal profession recognizes him as an expert on insurance coverages. He also serves as our education consultant, working with our CISR, CIC and continuing education programs. Catch him at one of our upcoming seminars: IABforME.com/MyTraining.

CIC CORNER OUR FOUR CIC education consultants boast a combined 170 years of insurance industry experience. Here, one of our consultants – Jerry Milton, CIC – offers his advice to those beginning the program.

Q. I’m about to take my first CIC institute. How should I approach it?

A. Pay close attention throughout the entire time period, but concentrate on the issues that the instructor emphasizes.

Q. I’m nervous about the exam!

What’s your advice?

A. Don’t get yourself worked up.

At the end of the day, you can’t review everything that was taught. Recognize your strengths and weaknesses and come back and concentrate on those areas where you’re having problems.

Then get some rest!

Nationally recognized and highly respected, the CIC program challenges agents to take their knowledge to a higher level with five intensive institutes. Designees are set apart by their ability to maximize coverage in innovative ways for their customers. Visit our website to read more about the program and to register for an institute near you.

IABFORME.COM/CIC

IABforME.com | PRIMARY

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STATE NEWS

TERRORISM INSURANCE DISCLOSURES ON THE FAST TRACK If you haven’t already, expect to hear from your carriers soon. Insurers are required to disseminate updated terrorism insurance disclosures and offers by April 13 to reflect recently legislated changes.

Instructions on the disclosures came from the Federal Insurance Office’s interim guidance on the Terrorism Risk Insurance Program Reauthorization Act of 2015.

As an aside, the Pennsylvania Insurance Department this winter released a notice providing for an expedited review process for specific rate, rule and form filings.

FEDS GIVE CHIP BUY-IN PLAN A REPRIEVE The Feds have reneged on their threat to issue tax penalties to those Pennsylvania families who registered for the Children’s Health Insurance Program (CHIP) Buy-In Plan.

In Agent Headlines we originally reported on the Insurance Department’s warning that the Center for Medicare and Medicaid Services informed the state that the CHIP Buy-In program was not compliant with the Affordable Care Act’s (ACA) minimum essential coverage requirement. Failure to comply with the ACA would have forced the impacted families to pay a tax penalty for the 2014 tax year.

Initially Gov. Tom Wolf indicated that an agreement was reached to allow a special extended enrollment period for impacted families, as well as the option to file for a hardship exemption. However, the governor since announced that the Feds waived the tax penalties for 2015 while the program is brought into compliance.

CATCH US AT PITTSBURGH I-DAY Join us at Pittsburgh I-Day on Friday, April 24 at The Wyndham Grand Pittsburgh Hotel Downtown.

Claire Pantaloni, our industry affairs director, and Don Bankus, our legal affairs manager, will present Legal & Privacy Issues and Digital Signatures. The seminar, approved for 2 CE credits, will cover website and social media exposures, mitigation strategies, Pennsylvania e-signature laws, E&O exposures and solutions.

You’ll also find our team in the exhibit hall. Be sure to stop by and say hello!

InsClubPgh.com

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UPDATED ACORD FORMS PROMPT ACTION Revised Personal Auto Applications – 90 PA and 290 PA – are now available on the ACORD website. ACORD corrected the forms, which did not have enough space in the COVERAGES / PREMIUMS section, other blank coverages rows, CODE column, to enter a five-character entry.

As a reminder, updating your agency management system ensures that you’re using the most recent ACORD forms, which are introduced periodically. What’s more, updating your agency management system guarantees that you’re not in violation of a licensing agreement. It is a violation to issue prior editions of a superseded ACORD form once a new form is introduced. The obligation stems from the licensing agreement between ACORD and your agency management system vendor (AMS, Applied, etc.).

ACORD.org

APRIL 2015

NEW LOSS COSTS IN EFFECT

CSR CONFERENCE PROMISES FUSION OF FUN, FUNCTION AND FORWARD THINKING

Acting Pennsylvania Insurance Commissioner Teresa Miller this winter approved revised workers’ compensation loss costs and related values effective on a new and renewal basis as of April 1, 2015.

In forward-thinking insurance agencies, CSRs are evolving from their limited role of customer service into lead generation and cross selling. On April 29, we will bring in a vibrant team of speakers to south-central Pennsylvania for Agency CSR Evolution, a unique, one-day conference to strengthen service sills, confidence and productivity in front-line staff.

Like the Pennsylvania Compensation Rating Bureau’s (PCRB) original filing, the approved loss costs reflect an overall average decrease of 5.99 percent.

However, the approved loss costs and related values for 38 classifications actually differ from the initial filing.

PRACTICAL, HANDS-ON AND INTERACTIVE This full-day conference at the Eden Resort Inn & Conference Center in Lancaster will feature Libby Spears, a nationally renowned educator and self-proclaimed “rulebreaker,” who will provide four hours of dynamic (and, dare we say, fun) training in often-underdeveloped areas that will lead to fearless cross-selling, social style strategies and communicating with confidence.

Approved loss costs and related values (as opposed to those originally proposed) are available in the PCRB Circular No. 1638.

PCRB.com

IA&B PRE-LICENSING COURSE BEATS STATE AVERAGE FOR PASS RATE Aspiring agents completing the IA&B Property & Casualty Licensing Study Course continue to collectively outperform peers taking exam prep classes elsewhere.

According to state licensing exam statistics released by test administrator Prometric, nearly 61 percent of those taking the P&C exam after taking our pre-licensing course passed the exam. The statewide average pass rate is just 51 percent. For first-timers completing our course, the statistics are even better: More than 71 percent of our exam prep students passed the exam on their first try. That is also significantly higher than the statewide, first-time pass rate of 63.3 percent.

COMMERCIAL/PERSONAL LINES CE OPTIONS Two of our most popular faculty members, Jerry Milton, CIC, and Bettye Buffington, CIC, CRM, CPCU, will share their expertise as they bring CSRs up to speed with three hours (awarding CE credit) of essential training in commercial or personal lines.

NETWORKING LUNCHEON INCLUDED A luncheon (with opportunities to network with peers, sponsors and speakers) is included in the conference fee.

We are able to offer Agency CSR Evolution at the low price of $195 (for IA&B members) because of the generous support of our sponsors: Berkley Mid-Atlantic Group; Cumberland Insurance Group; Donegal Insurance Group; and Progressive Insurance.

IABforME.com/CSRevolution

WELCOME NEW MEMBERS WILSON INSURANCE & FINANCIAL PLANNING Elkins Park, Pa. THE MANCINI INSURANCE AGENCY LLC Wexford, Pa.

IABforME.com/licensing

IABforME.com | PRIMARY

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PLATINUM PROFILE

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

MILLVILLE INSURANCE COMPANIES

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o most consumers, insurance is all about paying premiums, but at Millville Mutual it’s more about returning those premiums to policyholders, agents, employees and our community. Each year Millville Mutual is able to help policyholders recover from losses such as fires, wind damage, hail storms, lightning strikes, water leaks, lawsuits and even home appliance breakdowns. Over the past five years Millville Mutual has returned over $64 million to policyholders and claimants for claim payments. But this is only part of it.

With the combined operations of the three companies under the Millville Insurance Companies umbrella, Millville serves 65,000 policyholders that are represented by over 200 independent insurance agencies throughout Pennsylvania and southern New York.

These agencies choose to partner with Millville because of their unique coverage offerings, experienced staff and ability to honor their obligations. Millville takes this responsibility to heart and was ranked as one of the highest among smaller regional insurance companies in a recent satisfaction survey done by the Insurance Agents and Brokers Association. The Company is also rated A (Excellent) by A. M. Best Company.

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The board and staff of Millville have long tenures with the company and are committed to the success of the business.

They are also active members of their communities. As citizens and parents, they volunteer their time for public service to make a difference in their local communities and touch the lives of more than just their policyholders.

FOCUSED ON RESULTS FEATURED PARTNER

Millville Insurance Companies: Millville Mutual Insurance Company Millville Insurance Company of New York Anthracite Mutual Fire Insurance Company

Millville Mutual is also proud of its long-standing commitment to support local service organizations, educational initiatives and youth organizations that foster development and lend a helping hand to those who need it most. Millville Mutual is privileged to be affiliated with these outstanding programs that embody their service mentality.

COMPANY PRESIDENT

Every dollar Millville takes in matters.

It generates an opportunity to serve a policyholder, support an independent agency force that services the needs of their clients, employ a local resident and support a socially responsible community organization while at the same time building surplus to insure the financial security of the company.

Millville Mutual would like to thank their agency force for entrusting them to take care of them and for giving them the opportunity to pay it forward. n

www.millvillemutual.com www.millvilleinsuranceofnewyork.com

APRIL 2015

M. Paige Raski COMPANY LOCATION

215 State Street, Millville, PA 800-262-8495 A.M. BEST RATING

“A� (Excellent) WEBSITE

PARTNERS PROGRAM

Listed below are those companies that strongly support the independent agency system and Insurance Agents & Brokers.

Thank you for your continued sponsorship.

WHAT IS IA&B PARTNERS? The IA&B Partners program gives company and allied businesses the opportunity to demonstrate their commitment of support to independent agents and receive maximum market exposure. As an IA&B Partner, you will also realize the benefits of IA&B membership to help you succeed in the insurance industry.

DO YOU SEE YOUR NAME? To become an IA&B Partner, choose the sponsorship package that matches your commitment of support.

Contact the Member Sales Center at 800-998-9644, 717-795-9100 or visit us online at IABforME.com to get started.

PLATINUM LEVEL

BRONZE LEVEL

ACUITY

Aegis Security Insurance Co

Berkley Mid-Atlantic Group

Agency Insurance Company

Donegal Insurance Group

AmWINS Program Underwriters Inc

Erie Insurance Group

ARI Insurance Companies

Harleysville Insurance

Auto-Owners Insurance Company

HM Insurance Group Insurance Agents & Brokers Service Group Inc

Bailey Special Risks Inc Briar Creek Mutual Insurance Company

Liberty Mutual Insurance

Conemaugh Valley Mutual Insurance Co

MMG Insurance Company

Countryway Insurance Company

Millers Mutual Group

Encompass Insurance

Millville Mutual Insurance Co

Foremost Insurance Group

Mutual Benefit Group

GMI Insurance

Penn National Insurance

Goodville Mutual Casualty Company

Swiss Re

Guard Insurance Group

The Main Street America Group

Insurance Alliance of Central PA Inc

United Fire Group

Insurance Placement Facility of PA

Utica National Insurance Group

Keystone Insurers Group Inc Lebanon Valley Insurance Company

GOLD LEVEL

MAPFRE Insurance

Progressive

Merchants Insurance Group

Westfield Insurance

Mercury Casualty PennPRIME Municipal Insurance

SILVER LEVEL

Reamstown Mutual Insurance Company

Access Insurance Company

Rockwood Casualty Insurance

American Mining Insurance Co

State Auto Mutual Insurance Company

Cumberland Insurance Group

TAPCO Underwriters Inc

Farmers Mutual Insurance Company of Western Pennsylvania

The Brethren Mutual Insurance Company

Frederick Mutual Insurance Co

The Motorists Insurance Group

Juniata Mutual Insurance Co

The Mutual Service Office Inc

PSBA Insurance Trust

Travelers

Selective

Tuscarora Wayne Group of Companies

The Philadelphia Contributionship

Zenith Insurance

IABforME.com | PRIMARY

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APRIL 2015

BAND TOGETHER

TO BRAND A concerted, collective campaign to reclaim customers

By Karen Robison

When it comes to value, we – as independent agents – deliver. But when it comes to communicating that value to customers and prospects, we lag woefully behind where we need to be.

Where we need to be to compete with captive and direct agents and their monstrous advertising spends. Where we need to be to maintain our rapidly declining market share.

IABforME.com | PRIMARY

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he numbers (as shocking as they are) are not news: We’ve lost $4.5 billion in personal lines market share – which equates to $540 million in commission – over 10 years. And even our commercial lines stronghold is beginning to feel the heat.

So how long are we going to wait until we prioritize how we, as an insurance distribution channel, are perceived? Until Jake from State Farm and Allstate’s Mayhem whittle away more of our business? Until our business model and all of the value it brings are relics of the past?

CHANGE OF COURSE We’ve reached a turning point for the independent agency system, and the time has come to make a significant, concerted effort to sustain our livelihood and the insurance distribution channel in which we believe.

This branding campaign involves a multi-year effort and a substantial investment, both of which are reflections on the value we see in members establishing their individual brands while leveraging the Trusted Choice brand.

Join us as we launch a significant effort aimed at securing your agency’s continued success and the independent agency channel’s longevity. We’re kicking off a multi-year campaign – an unprecedented undertaking with the commitment of substantial resources. The goal? To bolster your agency’s individual branding efforts while leveraging the national Trusted Choice brand.

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APRIL 2015

TAKING ADVANTAGE OF TRUSTEDCHOICE.COM NEARLY 80 percent of personal lines insurance consumers begin their search for new coverage online, and commercial lines insurance consumers are following suit. TrustedChoice.com allows them to find their local independent agent and receive quotes on certain coverages.

An array of initiatives drive consumers to TrustedChoice.com – robust website content that triggers organic search results, integrated social networking, pay-per-click ad buys, public relations efforts, and statewide and national Freedom Campaign ad buys.

While all IA&B member agencies are listed in the search results for their area, those who subscribe to an Advantage Plan appear at the top of the list and display a more prominent and extensive agency profile.

Monthly Advantage Plan subscriptions are available for personal and commercial lines leads. Commercial Lines Advantage Plan subscribers also have the ability to select NAICS codes that will place them at the top of results for specific business insurance searches on TrustedChoice.com

To begin, we’ve purchased a $225,000 Internet advertising buy – a buy that utilizes the Trusted Choice Freedom Campaign. This will dovetail into an extended, overarching branding campaign.

Read on to learn how you can take advantage of our endeavor.

“We received two commercial leads in a two-week period,” said Joy Keller-Brown, CIC, commercial lines president of Keller-Brown Insurance Services, Shrewsbury, Pa. “That new business will easily cover our annual Advantage Plan subscription cost.”

THE FREEDOM CAMPAIGN The Trusted Choice Freedom Campaign is a nationwide effort – spurred by our affiliate, the Independent Insurance Agents & Brokers of America (commonly known as the Big “I”) – that aims to redirect market share from captive agents and drive consumers to TrustedChoice.com to find their local independent agent. (See sidebar for more on TrustedChoice.com.)

Learn more and sign up for an Advantage Plan online.

AGENTS.TRUSTEDCHOICE.COM

Background Integrated marketing agency MARC USA, which boasts clients like Rite Aid Pharmacy, H&R Block, the American Heart Association and True Value, developed the campaign after conducting significant research – research that began with a look at independent agents’ commonalities, competition, target markets and differentiation points compared to captive and direct writers.

They found that independent agents typically consider fellow independent agents as their competition. But if we reframe

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UTILIZING THE FREEDOM CAMPAIGN THE TRUSTED Choice Freedom Campaign marketing collateral includes digital, print, radio, TV and outdoor ads, direct mail pieces, postcards and even letterhead. The creative concepts use humor to highlight independent agents’ freedom to offer better choices for consumers through access to multiple insurance companies. Hence the tagline: “Free to do what’s right for you.”

All Freedom Campaign marketing materials come in two executions – a “generic” one that drives consumers to TrustedChoice.com and a customizable version that can be personalized with an agent’s or agency’s contact information.

Jump online to learn more about the campaign and how to use the materials (for free!).

FREEDOM.IIABA.NET

IS YOUR INSURANCE AGENT STUCK TO ONE COMPANY?

IS YOUR INSURANCE AGENT FREE TO GET YOU A BETTER DEAL?

INDEPENDENT AGENTS HAVE FREEDOM OF CHOICE. Trusted Choice® Independent Agents have the flexibility to competitively shop multiple reputable companies on your behalf, allowing them to put together a plan that suits both your needs and your budget. The only one they’re stuck to is you.

Find your independent agent. Find a better deal at trustedchoice.com

Free to do what’s right for you.

SM

IS YOUR INSURANCE AGENT TRAPPED?

INDEPENDENT AGENTS HAVE FREEDOM OF CHOICE. A Trusted Choice® Independent Agent has the flexibility to competitively shop many different companies on your behalf, giving you options and prices you didn’t think were possible. The only one they’re captive to is you.

Find your independent agent. Find a better deal at trustedchoice.com

Free to do what’s right for you.

SM

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AN INDEPENDENT AGENT HAS FREEDOM OF CHOICE. With access to many different companies, Trusted Choice® Independent Agents have more options at their fingertips. They can competitively shop around for you and put together a plan that suits both your needs and your budget. The only one they answer to is you.

Find your independent agent. Find a better deal at trustedchoice.com

Free to do what’s right for you.

SM

THIS IS HOW MANY INSURANCE AGENTS ARE USED TO WORKING.

INDEPENDENT AGENTS HAVE FREEDOM OF CHOICE. Unlike others, Trusted Choice® Independent Agents are able to competitively shop many different companies to find the right plan that suits both your needs and budget. They aren’t confined to one company. They’re willing, but perhaps more importantly, able to shop freely on your behalf.

Find your independent agent. Find a better deal at trustedchoice.com

Free to do what’s right for you.

SM

that outlook and instead target captive and direct agents – which control 63 percent of the personal lines market – we can go after a larger (and, without our intervention, growing) pool of consumers. But success hinges on us capitalizing on our collective strength in numbers … 27,000 Trusted Choice agencies strong.

Marketing strategy MARC USA developed the marketing strategy of telling individual agent stories through templates that leverage the power of a national brand. And the resulting creative concepts use humor to highlight independent agents’ freedom to offer better choices for consumers through access to multiple insurance companies. (See sidebar for more on the Freedom Campaign marketing materials.)

The Freedom Campaign targets our ideal consumers: consumers in need of multiple policies and in the insurance market due to a life-stage trigger (marriage, birth of a child, new home purchase), a group who skews toward higher age, income and education.

The consumer objective of the campaign is to motivate in-market insurance customers to investigate Trusted Choice agents by disrupting their confidence in their current solution.

MARC USA conducted a series of focus groups in Philadelphia, Dallas and Seattle, followed by an online survey of several hundred consumers. The consumers’ feedback speaks for itself. After seeing the Freedom Campaign, 86 percent said that they liked the ads, 84 percent agreed that independent agents are better suited to fulfill their insurance needs, and 78 percent reported that they were more likely to use a Trusted Choice agent.

OUR BRANDING CAMPAIGN In May, we will begin a three-month Internet advertising campaign that will deliver four million (yes, million) impressions of digital Freedom Campaign ads to targeted Delaware and Pennsylvania consumers. The ads will appear as banners on various websites – including WeatherChannel.com, Forbes.com, USAToday.com and Zillow.com – that attract independent agents’ ideal clientele. And the call to action is to find an independent agent by visiting TrustedChoice.com.

This digital ad buy supports our overarching, multi-year branding campaign, consisting of wide-ranging branding support, template consumer education pieces, and customizable Freedom Campaign materials. All efforts support the goal of bolstering your individual agencies’ branding efforts while leveraging the national Trusted Choice brand.

APRIL 2015

For All That Matters

IABforME.com | PRIMARY

facebook.com/acuitywow

Gunn-Mowery incorporated the Trusted Choice Freedom Campaign commercial on our homepage, within email newsletters, and on social media outlets. In a time when “Flo” and “Jake” have become household names, a professionally done, entertaining, and low-cost ad such as this gives independent agents an advantage that may not have been possible otherwise.

- Melissa Anderson, marketing coordinator, Gunn-Mowery, Lemoyne, Pa.

We’ve brought together our branding campaign components in one portal of our website, accessible at IABforME. com/MyBrand. There you’ll find the resources you need to adopt the campaign and the instructions (to include video demonstrations) of how to use them.

Specifically, IABforME.com/ MyBrand offers: Branding 101 – Learn what branding is and the importance of creating (or enhancing) your agency’s individual brand to engage prospects and maintain customers. Understand how adopting Trusted Choice as an “ingredient brand” (think: Good Housekeeping’s Seal or the National Association of Realtors’ trademarked Realtor) can support your agency’s own brand.

Branding guidelines – Find out how to utilize the Trusted Choice brand.

Learn about the Marketing Reimbursement Program, which offsets the costs of co-branding with Trusted Choice.

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Web presence – Understand how TrustedChoice.com works, how online insurance shoppers are driven to the site, and how to increase the chances that they find you once they land there. Find out how TrustedChoice.com supplements your agency’s own online presence.

Consumer education – Utilize vetted consumer content – on your website or social media outlets, in your emails and newsletters, and as stand-alone brochures – to support your agency’s consumerfocused brand. Watch for opportunities to share the content in additional media.

Social media – Gain tips for venturing into (or expanding your agency’s use of) social media. Learn how social networking can enhance your agency’s brand.

Advertising – Learn about considerations and effective ways for advertising an established agency brand. Access and customize Trusted Choice Freedom Campaign advertisements.

APRIL 2015

Community involvement – Enhance your agency’s consumer-focused brand by establishing a place within your community. Piggyback on Trusted Choice agents’ nationwide support of local Make-A-Wish chapters.

THE FUTURE This branding campaign involves a multi-year effort and a substantial investment, both of which are reflections on the value we see in agencies establishing their individual brands while leveraging the Trusted Choice brand. Join us – and take advantage of our investment.

The time has come to make a significant, concerted effort to sustain our livelihood and the insurance distribution channel in which we believe. n

Karen Robison, public relations director for IA&B, authored this article.

Join us as we embark on a mission to support your agency and sustain the independent agency system.

How to take ADVANTAGE of the BRANDING CAMPAIGN – and our investment: ■ Enhance your agency’s TrustedChoice.com

profile at agents.TrustedChoice.com ■ Follow along with upcoming Agent Headlines articles that introduce the branding campaign components ■ Visit IABforME.com/MyBrand to access the branding resources and learn how to use them

20

APRIL 2015

THE ROAD TO

AFFORDABLE

CARE ACT COMPLIANCE Determining your agency’s direction

By Jerry Rhinehart, CIC, CLU, ChFC, RHU

In just the five short years since the Affordable Care Act (ACA) was signed into law, it has seen more than 40 revisions, exemptions, waivers, delays and repeals to its provisions. No wonder employers — particularly small-business owners, like most IA&B members — are torn on how to proceed, how to comply with the law and help their employees do the same. On the following pages we offer options for the small business, and on our website we share a supplement with additional considerations for large employers.

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W

ith the Affordable Care Act’s (ACA) second open enrollment period (Nov. 15, 2014 – Feb. 15, 2015) having come and gone, it’s time for reflection on a bumpy past – and for contemplation of what’s to come.

Initial reports show far fewer enrollment “glitches” – with the exchanges (state and federal), insurance carriers, etc. – than the first time around. But emotions continue to run high: Some love the law, while others hate it. Some individuals and employers saw their health insurance premiums increase in 2014, while others saw a decrease.

We can expect more of the same in 2015, so this article addresses the reasons why – and explains what options small employers might consider when it comes to health insurance for their employees. (Editor’s note: We share more of what large employers need to know at IABforME.com/ ACA-large-employers.) Options include providing: • A fully insured plan • A (partially or fully) self-insured plan • No health insurance for employees and instead push them to the exchange

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It is worth noting that if health insurance is offered, it must be done across the board, not only to select employees.

UNDERSTANDING THE REQUIREMENTS While the ACA mandates that individuals show proof of compliance, it does not mandate an employer of any size to provide its employees a qualified health plan (QHP) – a plan that contains all of the mandated coverage and requirements as spelled out in the law. However, the law does mandate potential financial penalties to certain sized employers, in some situations.

First, let’s start with a few very important employer rules and definitions to keep in mind: • Full-time employee = one who works 30 hours or more per week • Full-time equivalent employees (FTE) = part-time employees who work less than 30 hours per week and combine to equate full-time employees under the law (healthcare.gov/FTE-calculator) • Small employer = business with less than 50 full-time employees (including FTE) for the entire calendar year

APRIL 2015

CALCULATING EMPLOYEES UNDER THE Affordable Care Act, a business’s number of employees impacts potential financial penalties and SHOP eligibility. Here’s how to calculate the total number of employees, which includes full-time employees and full-time equivalent employees (FTE).

• Mid-size employer = business with 50 or more full-time employees but less than 100 (including FTE) • Large employer = business with 100 or more full-time employees (including FTE) There is no chance of an ACA penalty to any small employer.

For large employers, the chance of an employer penalty started Jan. 1, 2015. For mid-size employers, there is no chance of a penalty until Jan. 1, 2016.

FORMULA NUMBER OF full-time employees + (sum of average weekly hours for all part-time employees)/30 EXAMPLE THE ABC Insurance Agency has 40 full-time employees who work 30 or more hours per week.

The agency also employs 20 part-timers who log an average of 20 hours per week.

SELF-FUNDING THE HEALTH PLAN Self-funding (fully or partial) can be a great option for certain sizes and types of businesses. Fully self-funding means the employer retains all the money that normally would be sent each month to the health insurance company – including the employee and employer contributions. Then, any and all claims would be paid by the employer, who normally would retain a third-party administrator (TPA) to review and pay amounts owed. Obviously, one or more large claims could financially devastate the fully self-insured arrangement.

THE SUM of the part-time employees’ average weekly hours (20 part-time employees x 20 hours) is 400. Divided by 30, that equals 13.33 FTE. 40 FULL-TIME employees + 13.33 full-time equivalent employees = 53.33 employees in the eyes of the federal health care law

Partially self-funding implements the use of a stop-loss arrangement. Here, the employer – normally working through an agent and a TPA – would purchase stop-loss insurance.

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MORE EMPLOYEES, MORE CONSIDERATIONS IF YOUR agency falls within the mid-size (50 to 99 full-time employees, including FTE) or large employer (100 or more full-time employees, including FTE) categories under the law, potential penalties for not providing a qualified health plan apply … in some situations. Get the complete scoop – to include examples – by visiting our website.

IABFORME.COM/ACA-LARGE-EMPLOYERS

One great advantage in looking at stop-loss insurance is the review of past medical claims and expense. The better the claims experience, the better the premium for the stop-loss insurance.

So how does stop-loss work? Once covered claims hit a certain point, the employer – through its self-insurance – stops paying, and the stop-loss takes over. With this arrangement the employer would have a known maximum financial exposure. Generally, the more employees a business has, the more appealing the self-funding option is. Additionally, if the group’s average age is somewhat younger and if the past claims history has been moderate or low, then the employer would most likely be a good candidate for some form of self-funding.

BUYING THROUGH THE SHOP Another option is the Small Business Health Option Program (SHOP). This is available in every state for a business with 1 to 50 full-time employees (including FTE). In 2016, the SHOP will open to businesses with up to 100 full-time employees (including FTE). Various plans are available, even dental.

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APRIL 2015

Currently, 18 states – to include Delaware and Pennsylvania – have limited options in their SHOP compared to the other states. State regulators in these jurisdictions applied to delay the employee-choice feature within the SHOP until 2016. Once implemented, employees will be able to sort through multiple plans offered by numerous insurers and select the option that best suits their needs. Until then, employers only will offer employees one medical and one dental plan (aptly coined an employer-choice plan). In Maryland, which operates a state-run rather than federally facilitated exchange, the employee-choice option launched in 2015.

When purchasing coverage through the SHOP, the employer receives one monthly bill for all covered employees.

Be aware that there are minimum participation requirements for health plans through the SHOP and that coverage cannot be obtained through the SHOP if the business has only the owner (and perhaps the spouse) but no true employees.

However, the owner (or couple) could purchase an individual policy through the exchange or go directly to an insurance company for their coverage.

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Coverage only can be obtained online (paper applications are not accepted).

For more information on the SHOP, go to healthcare.gov/small-businesses, or see a licensed, SHOP-approved agent for assistance with coverage options and enrollment.

CONSIDERATIONS FOR INDIVIDUALS Knowing the new health law’s requirements for individuals is key to understanding obligations for an employer.

PENALTIES Failure of an individual (or family) to show proof of carrying a qualified health plan (QHP) in 2014 and beyond will prompt a financial penalty. The penalty – actually referred to as a “shared responsibility payment” in the ACA – for an individual jumped from the greater of $95 for the entire year or 1 percent of gross income in 2014, to $325 or 2 percent in 2015. This is an annual penalty, which can be pro-rated on a monthly basis.

SUBSIDIES An individual’s (or family’s) eligibility for an ACA subsidy is determined by income in comparison to the federal poverty level (FPL). If an individual’s (or family’s) income is below 400 percent of the FPL in 2015, he or she is eligible for a premium subsidy. The lower the income, the bigger the subsidy. The amount of the 2015 subsidy is based off the 2014 actual (or estimated) annual income.

What does 400 percent of the federal poverty level look like? $95,400 for a family of four, $62,920 for a family of two, and $46,680 for a single individual.

For additional information on the FPL rule and an overview of different income levels and family sizes, visit obamacare.net/2015-federal-poverty-level.

The Congressional Budget Office estimated the average annual premium subsidy for an individual was $5,510 in 2014. Where is the money coming from to fund all these subsidies? The ACA’s 21 new revenue generators (taxes) aimed at individuals, businesses, insurance companies, pharmaceutical companies, and medical-device manufacturing companies.

26

APRIL 2015

POINTING EMPLOYEES TO THE EXCHANGE What if the employer provides no health insurance and the employee buys his or her own coverage and possibly receives a subsidy through the exchange? Certainly this is a consideration for any business.

If the business has less than 50 full-time employees (including FTE), there is no chance of an ACA penalty to the business.

However, it is all or nothing: The business cannot offer a group policy for some employees and single out others to buy on the exchange.

Another option: The employer could increase the employee’s salary to assist with the premiums. Obviously, the increased salary would be taxable to the employee and could affect his or her possible subsidy. Be sure to be fair with any increased compensation. Any appearance of discrimination toward certain classes of employees or toward those with perceived health conditions potentially could cause legal problems.

CONCLUSION Whether to provide – or not to provide – employee benefits (health insurance, group life, group disability, etc.) has always been a major question for the business owner … especially a smaller employer. These benefits have generally been a very good tool to attract and keep the employees.

In fact, according to a 2014 Aflac WorkForces Report for Small Businesses, nearly half (47 percent) of small-business

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employees reported that their employers could improve retention by improving their benefits package.

Even though they are generally deductible, benefits can certainly have an impact on the employer’s bottom line. Working with a knowledgeable health and benefits specialists and tax consultant is more important than ever with the implementation of the ACA. n Editor’s note: Thank you Tammy Shatto-Thomas, of Gunn-Mowery LLC, for her contributions.

Jerry Rhinehart, CIC, CLU, ChFC, RHU, of Rhinehart & Associates, authored this article for IA&B.

PITTSBURGH I-DAY

FRIDAY, APRIL 24TH, 2015 Doors Open at 8:00 AM You Must Be Registered to Attend.

I-Day Events Kick Off on Thursday for the Presidential Dinner and The Main Event on Friday Including CE, Exhibits, Luncheon with Speaker, and Cocktail Reception.

Bridging the Gap:

Connecting the Traditions of the Past to a New Generation of Insurance Professionals

Visit www.insclubpgh.com or Call The Club Office (412.489.5626) to Register, Exhibit, Advertise, or For More Information

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APRIL 2015

CLASSIFIED

My Events April 2015

DATE TOPIC

LOCATION

APRIL 7

William T. Hold: Writing Commercial Accounts

Bethlehem, Pa.

8

CISR Commercial Casualty I

Mechanicsburg, Pa.

8

CISR Commercial Property

Erie, Pa.

9

CISR Commercial Casualty I

Pittsburgh, Pa.

13-14

James K. Ruble Graduate Seminar

Pittsburgh, Pa.

14

William T. Hold: Policy Language Surprises

Pittsburgh, Pa.

15

William T. Hold: Policy Language Surprises

Altoona, Pa.

16

CISR Commercial Property

Wilkes-Barre, Pa.

16

CISR Elements of Risk Management

Frederick, Md.

21

CISR Personal Auto

Indiana, Pa.

21

E&O Risk Management Seminar

Macungie, Pa.

22

CISR Commercial Casualty I

Waldorf, Md.

22

E&O Risk Management Seminar

Mechanicsburg, Pa.

27-28

James K. Ruble Graduate Seminar

Philadelphia, Pa.

28

CISR Commercial Casualty I

York, Pa.

28

William T. Hold: Writing Commercial Accounts

Reading, Pa.

28-30

Property & Casualty Licensing Study Course

Philadelphia, Pa.

29

CISR Commercial Property

Philadelphia, Pa.

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Contact Ray Reinard at 215-357-8600, Ext. 119.

SALES AGENT/PRODUCER Community Insurance, a thriving independent insurance agency in Lancaster, Pa. is seeking a motivated sales agent. Ideal for a newly licensed agent looking to take that next step or a seasoned producer seeking the most competitive markets in the industry.

Bring your P&C and/or Life & Health talents to a proven industry leader. Forward resume and cover letter to: Tom@CommunitySure.com If you would like to place a classified advertisement, please contact Laura Gaenzle at Laura.gaenzle@theygsgroup. com or (717) 430-2351.

JERRY’S BACK WITH ESSENTIALS OF HOMEOWNERS INSURANCE This full-day program — taught by coverages expert Jerry Milton, CIC — is a chance for newly licensed agents to be taught by the best. This eight-credit class is a great next step in professional development as the material will expand on what was learned in preparation for the licensing exam. New producers will gain practical knowledge and hear real-world examples as only Jerry can relate them.

May 13

8 a.m.-5 p.m.

Read more and register at IABforMe.com/homeowners

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IABforME.com | PRIMARY

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