Delaware Primary Agent - April 2016

JANUARY APRIL 20162016 | PENNSYLVANIA | DELAWARE

SINK OR

SWIM

THE RACE TO INSURE THE SHARING ECONOMY

AUTONOMOUS CARS TO SHIFT LIABILITY ARMING NEW HIRES FOR SUCCESS

OUR

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IN THIS

ON THE COVER 10

INSURANCE FOR THE SHARING ECONOMY While car-sharing and home-sharing companies are growing in popularity, chances are that participating owners and renters don’t fully understand their risks.

ALSO 18

THE RACE TO RESPOND TO AUTONOMOUS CARS Autonomous cars are poised to hit the highways and (soon after) byways, causing a bumpy road for the insurance industry as liability shifts away from drivers and toward manufacturers.

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ARMING NEW HIRES FOR SUCCESS A successful onboarding program shares with new hires the five key things they need to understand: the job, the agency, resources, legal/compliance information, and your expectations.

IN EVERY ISSUE 2 3 4 6 8 9 24 IBC IBC IBC

Chairman of the Board’s Message Ask Our Experts Coverage Corner State News Platinum Profile IA&B Partners Technology Update Advertiser’s Index My Events Classified Ads

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

Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2016-4, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

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Copyright 2016. 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.

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CHAIRMAN OF THE BOARD’S MESSAGE

MEMBER BENEFITS TO RELY ON

INSURANCE AGENTS & BROKERS 5050 Ritter Road | Mechanicsburg, PA 17055 800-998-9644 | IABforME.com

OFFICERS

T

Chair of the Board

Robert S. Klinger, LUTCF, CPIA

his is not your father’s insurance industry (even if it is your father’s, or grandfather’s, insurance agency). The exponential rate at which technology is advancing is creating risks and coverage gaps that were unthinkable just a few years ago. Risks and gaps that insurance carriers, regulators and producers often struggle to address. The April issue of Primary Agent magazine provides insight on two of these rapidly developing issues: the sharing economy and autonomous vehicles.

Vice Chair of the Board

Michael F. McGroarty Sr. Immediate Past Chair of the Board

Diana M. Hornung Hanby, ACSR

MEMBERS E. Stephen Burnett, CIC, ARM Wilmington, Del.

Richard F. Corroon, CPCU Wilmington, Del.

Staying on top of evolving risks and coverages is our duty as producers. But we don’t have to each go it alone. That’s the beauty of an association. We can hear from industry experts at IA&B workshops and webinars. We can stay in the know thanks to association communications. And we can bounce ideas off of fellow member agents at IA&B events.

N. Lee Dotson, CIC, AAI

April 1 marks the beginning of a new IA&B membership year. First of all, on behalf of my fellow directors and the staff, I offer a sincere thank-you for your continued membership and support. (Renewal stragglers: Visit IABforME.com/ renew.) Secondly, I encourage you to take full advantage of your membership in the months ahead. When I reflect on my years of membership, I regret not realizing the benefits sooner. The expertise and resources are yours for the taking, so take advantage of them!

Jocelyn R. Howard-Sinopoli, CIC, CISR

Wilmington, Del.

Michael P. Ertel+ Columbia, Md.

Bryan C. Hanes, JD Hagerstown, Md.

John B. Hollister Milford, Pa. Butler, Pa.

David C. King Lancaster, Pa.

Douglas A. Loesel, CPCU Erie, Pa.

Crag S. Mader

Gambrills, Md.

Ann Gallen Moll, CIC Reading, Pa.

Mark J. Monroe

Best,

West Chester, Pa.

Joseph R. Pastor, CPCU, AAI Oil City, Pa.

Richard M. Rankin, CIC Lancaster, Pa.

Robert S. Klinger, LUTCF, CPIA Chairman of the Board

April E. Ressler, CIC Altoona, Pa.

Scott C. Rogers, CPIA* York, Pa.

Glenn R. Strachan

Ft. Washington, Md.

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

J. Marshall Wolff, CIC, CPCU Easton, Pa.

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

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APRIL 2016

Ask Our Experts Question: Our nonprofit insured’s ISO Business Auto Policy (BAP) includes coverage for hired and non-owned autos. Is there a way to provide additional coverage for volunteers who drive their personally owned (or borrowed) autos while they’re transporting clients or other individuals while engaged in activities on behalf of the nonprofit?

Answer:

Y

es, there is. As you’re well aware, many nonprofit organizations rely on volunteers to provide a myriad of services on their behalf, which may include transporting clients or other persons on behalf of the nonprofit. While your nonprofit insured’s ISO BAP provides coverage for the nonprofit in the event one of its volunteers causes an accident while conducting nonprofit business, the ISO BAP won’t provide coverage for its volunteers, individually. As a result, the volunteer’s personal assets could be at stake.

RECOMMENDED OPTION: Enhance the policy with the ISO Social Service Agencies – Volunteers as Insureds endorsement (CA 99 34 10 13).

WHAT DOES THE ENDORSEMENT DO? The endorsement modifies the “Who is an Insured” provision under the Covered Autos Liability Coverage section of the BAP to include volunteers of the insured while they’re using a covered auto not owned, hired or borrowed by the named insured to transport clients or other individuals on behalf of the insured.

WHOSE POLICY WOULD BE PRIMARY? In the event a volunteer caused an accident, the volunteer’s personal auto policy would be primary for both the volunteer and the nonprofit, and the nonprofit’s BAP would be excess for both the volunteer and the nonprofit. n

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.

This month’s answer was provided by Don Bankus, our legal affairs manager.

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COVERAGE CORNER

“CONSENT TO SETTLE” CLAUSE

By Jerry M. Milton, CIC

P

iedmont Office Realty Trust Inc., based in Johns Creek, Ga., purchased two liability policies – a $10 million primary policy issued by Liberty Surplus Insurance Company and a $10 million excess policy issued by XL Specialty Insurance Company.

XL’s excess policy provided that XL would only pay for a loss that Piedmont became obligated to pay as a result of a securities claim first made during the policy period or discovery period for a wrongful act committed during or prior to the policy period.

The policy also contained a “consent to settle” clause that stated: No Claims Expenses shall be incurred or settlements made, contractual obligations assumed or

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liability admitted with respect to any Claim without the Insurer’s written consent, which shall not be unreasonably withheld. The Insurer shall not be liable for any Claims Expenses, settlement, assumed obligation or admission to which it has not consented.

In addition, the policy also included a “no action” clause that no action would be taken against the insurer unless there had been full compliance with the policy’s terms and conditions and the insured’s obligation to pay has been determined by judgment against the insured after trial or by written agreement of the insured, the claimant and the insurer.

APRIL 2016

We see these “consent to settle” clauses in many D&O, EPL and Professional Liability policies and in some Excess Liability policies. Most policies we write have some type of “no action” clause or provision that stipulates the insured cannot bring any action against the insurer unless and until all the policy’s terms and conditions have been met.

These are not unique clauses. We encounter them every day.

Piedmont was named as a defendant in a federal securities class action in which damages of more than $150 million were sought. The plaintiffs and Piedmont eventually agreed to mediate the claim.

By that time, Piedmont had already exhausted its primary policy’s limit of $10 million, as well as another $4 million

of its excess policy, in defense costs and expenses. Under both policies, defense costs were a part of, and not in addition to, the policy limit. This is an excellent example of why high limits are needed when defense costs are paid as part of, and not in addition to, the policy limit.

Piedmont then filed a suit against XL for breach of contract and bad faith failure to settle. The Federal District Court in Atlanta dismissed the case, and eventually the 11th U.S. Court of Appeals in Atlanta asked the Georgia Supreme Court to consider the case

Anticipating a settlement, Piedmont In Piedmont Office Realty Trust, Inc. v. XL sought XL’s consent to settle the claim Specialty Insurance Company, the Supreme for the remaining $6 million, but XL Court of Georgia agreed the case should agreed to contribute another $1 million be dismissed. Their ruling stated: toward the settlement. Without further In sum, absent XL’s consent to the notice to XL, or obtaining its consent, settlement, under the terms of the Piedmont agreed to settle the lawsuit policy, Piedmont could not sue XL with the plaintiffs for $4.9 million. for bad faith refusal to settle the Piedmont then demanded that XL underlying lawsuit in the absence provide coverage for the full settlement of a judgment against Piedmont 7.5X4.625 amount.

XL refused to do so.

General JGS Umbrella Program ad after an actual trial. It follows that the District Court didn’t err in dismissing Piedmont’s complaint.

Please, please, please be aware, and inform your clients, of these types of clauses that are often found in our liability policies and how they can impact the payment of a claim.

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.

Our Umbrella Programs Give You More Options Preferred Property Program gives you broader, more flexible coverage with a range of limits Fast Service and more security are what you get with Preferred Property Program. Our umbrella liability policies are written by XL Insurance with Chubb Insurance Group for excess layer – two of the industry’s most highly rated carriers.

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STATE NEWS

DOI NARROWS SCOPE OF FLOOD CE REQUIREMENT Delaware no longer requires all resident licensees who are authorized to sell personal lines coverage to complete flood CE credits. Beginning last December, only producers who write flood insurance policies through the NFIP are required to take flood CE. These agents must acquire two of their mandatory 24 CE credit hours from flood insurance training.

HOW DOES THE INSURANCE DEPARTMENT STACK UP? Insurance carrier and product accessibility are impacted greatly by the strengths and weaknesses of a state’s regulatory body. In its annual Insurance Regulation Report Card, R Street Institute gave the Delaware Department of Insurance the grade of C and cited the state’s strength of consumer protection and weakness of politicization. This is a slight improvement over the C- grade Delaware received the year before.

R Street Institute grades state regulators on a series of metrics: • Politicization

• Auto insurance markets

• Solvency regulation

• Homeowners’ insurance markets

• Consumer protection

• Workers’ comp markets

• Antifraud resources

• Rate regulation

• Fiscal efficiency

• Underwriting freedom

• Insurance market performance

COLLEGE-BOUND DEL. RESIDENTS ELIGIBLE FOR $1,500 JOANN SCOTT SCHOLARSHIPS There’s still time to reach out to Delaware families with college-bound kids to inform them of the two $1,500 scholarships that we will award to deserving students in memory of Joann Scott. Scott is remembered fondly for her dedication to our association and her profession. Candidates have until Friday, April 15 to apply, so get the word out now!

IABforME.com/scholarship

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APRIL 2016

This change stems from an amendment proposed by the Delaware Department of Insurance (DOI) to Regulation 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.

Our government affairs teams submitted comments and questions to the DOI about the amendment prior to its approval. We will continue to monitor changes and push for improvements where needed and, as always, keep members apprised of any developments.

TAKING AGENTS’ INSIGHT TO CONGRESS The countdown is on for the Big “I” National Legislative Conference. Nearly a dozen Delaware Association of IA&B member agents will join approximately a thousand independent agents from across the nation on April 13-14 in Washington, D.C. The annual event allows independent agents to have face time with their federal lawmakers and share their insights on hot topics as agents and small-business people.

Watch for a recap in Agent Headlines.

DOI ADDRESSES SKYROCKETING DRONE USAGE With drone usage on the rise, so are insurance coverage conundrums. While the Delaware Department of Insurance asserts that “complete and clear drone regulation, by the states and the FAA, is necessary before insurers can meet policyholder needs,” Commissioner Stewart late last year issued a summary of related risks and coverage considerations. news.delaware.gov Show your value to fledgling drone flyers. Our consumer education library contains a piece to help you educate consumers on drone registration requirements, insurance considerations and safety guidelines.

IABforME.com/MyBrand

INSURANCE ON THE AGENDA IN DOVER Providing for a medical fee schedule for auto personal injury protection and addressing the financial responsibility required for ridesharing companies and their contracted drivers are the shared priorities of your IA&B government affairs team and the Delaware Insurance Group (fellow insurance industry lobbyists) for this legislative session.

We also are continuing our work with Delaware Department of Insurance representatives as they pursue bills that would: • Increase the risk-based capital standard for trend testing from 2.5 to 3.0 for a life and health insurance company or fraternal benefit society (through implementation of the National Association of Insurance Commissioner’s Risk-Based Capital for Insurers Model Act)

• Implement accreditation requirements for Risk Retention Groups • Shorten the turnaround time to receive state and federal background checks for resident and nonresident applicants declaring Delaware to be their home state (by permitting applicants to obtain the reports directly from the State Bureau of Identification) • Limit a health insurer’s right to overpayment recovery to two years from the date of the original payment (except when there is fraud or other intentional misconduct, when overpayment recovery is initiated by a selfinsured plan, or where required by a federal or state plan) Stay tuned to Agent Headlines for all the updates on these and other legislative issues throughout the session.

JOIN US FOR AN IMPORTANT MEMBER MEETING Your input is needed WE’RE VENTURING down a new path: offering consulting services geared specifically for independent agencies. Join our senior management in Dover on April 28 to discuss which of your agency’s needs IA&B could meet. Share the items on your to-do list (e.g., implementing an HR program, instituting producer agreements, crafting a perpetuation plan) that could benefit from the expertise of a consultant who understands how independent agencies operate.

Breakfast will be provided. Please register to attend so we can plan accordingly.

IABforME.com/MemberMeeting

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PLATINUM PROFILE

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

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very minute of every day, you can count on us to protect your piece of the world — in good times and bad — just as we have for all of our customers for over 119 years.

At MMG Insurance, a progressive regional property/casualty insurance company, we value the trusted relationships we’ve built with our agency partners and work to serve our policyholders. It’s our belief that behind every accomplishment you’ll find hard work and a commitment to excellence.

That’s a big reason MMG is a carrier of choice for agencies across Maine, New Hampshire, Vermont, Pennsylvania and Virginia.

To differentiate ourselves from the larger companies, MMG works to ensure top-notch service. We take a tremendous amount of pride in being there when our agents and policyholders need us. We still answer the telephone in person and have empowered employees to resolve issues quickly. We do business exclusively through independent agents and live by the philosophy that people do business with people. MMG management and

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staff meet face to face with agents to see what they are dealing with and bring innovative ideas back, making changes where necessary.

We strive to add value to the agents’ operations, so our major focus is making it easy for them to do business with us, particularly through cutting-edge automation. It’s that combination of high-tech, high-touch that enables business to flow quickly from the agents to us and back, and ultimately benefits the policyholder. n MMG was honored as the 2015 Champion of Attraction, Retention and Engagement by the Maine Development Foundation and has been named among the Best Places to Work in Maine six times, most recently in 2015.

FEATURED PARTNER MMG Insurance Company PRESIDENT & CHIEF EXECUTIVE OFFICER Larry M. Shaw, CPCU COMPANY LOCATIONS Presque Isle, ME Corporate Headquarters Concord, NH & Bethlehem, PA 1-800-343-0533 A.M. BEST RATING A (Excellent) WEB SITE www.mmgins.com RECENT AWARDS 2015 National Company of the Year – National Association of Professional Insurance Agents 2015 Company of the Year – Maine Insurance Agents Association 2014 Ward’s 50 Top Performing P&C Insurers 2014 #4 Performing Company in Personal Lines (IA&B of PA)

Proud Partner of the Trusted Choice network of Independent Insurance Agents

APRIL 2016

2013 #1 Performing Company in Commercial Lines (IA&B of PA)

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.

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

Insurance Agents & Brokers Service Group Inc

Bailey Special Risks Inc

Liberty Mutual Insurance

Briar Creek Mutual Insurance Company

MMG Insurance Company

Conemaugh Valley Mutual Insurance Co

Millers Mutual Group

Countryway Insurance Company

Mutual Benefit Group

Encompass Insurance

Penn National Insurance

Foremost Insurance Group

Swiss Re

GMI Insurance

The Main Street America Group

Goodville Mutual Casualty Company

United Fire Group

Guard Insurance Group

Utica National Insurance Group

HM Workers’ Compensation

Brethren Mutual Insurance Company

Insurance Alliance of Central PA Inc

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.

GOLD LEVEL

Amerisafe Progressive Westfield Insurance

Insurance House Insurance Placement Facility of PA Keystone Insurers Group Inc Lackawanna Insurance Group Lebanon Valley Insurance Company Merchants Insurance Group

SILVER LEVEL

Mercury Casualty

Access Insurance Company

Millville Mutual Insurance Co

American Mining Insurance Co

PennPRIME Municipal Insurance

Cumberland Insurance Group

Reamstown Mutual Insurance Company

Farmers Mutual Insurance Company of Western Pennsylvania

Rockwood Casualty Insurance

Frederick Mutual Insurance Co Juniata Mutual Insurance Co

State Auto Mutual Insurance Company TAPCO Underwriters Inc The Motorists Insurance Group

MAPFRE Insurance

The Mutual Service Office Inc

PSBA Insurance Trust

Travelers

Selective

Tuscarora Wayne Group of Companies

The Philadelphia Contributionship

Zenith Insurance

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APRIL 2016

RENT OR SHARE YOUR CAR OR HOME: WHERE’S THE

By Jerry M. Milton, CIC

INSURANCE?

How many of you have ever heard of Turo, GetAround, JustShareIt or FlightCar? How about Airbnb, HomeAway or CouchSurfing? These companies, which most of us have never heard of, are car rental (or car-sharing) and home rental (or home-sharing) companies, and they have become the newest way to rent or share a car or rent or share a home.

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H

ertz, Avis, Enterprise and Budget rent cars they own.

Turo, GetAround, JustShareIt and FlightCar are not your traditional rental car companies. They are sometimes referred to as car-sharing companies. Rental car companies, carsharing companies, call them what you want to. They all provide the same service. They rent your car. By the hour, by the day or by the week. They typically charge $5 to $10 per hour. The rate depends on the type and age of the car. So a 12-hour day could result in a charge of $60 to $120. After the rental car company deducts its fees, the owner of the car is left with a nice paycheck.

These companies offer you two options – have the renter pick up your car at your home or your work place, or you can deliver your car to the renter. FlightCar has another option. When you travel, park your car with them at the airport. They will rent your car and when you return, you will have a clean car, a full tank of gas, plus the income from the rental. That’s better than paying $50 to $100 for your car to sit in the parking lot while you’re gone. FlightCar currently operates in 12 metropolitan airports with more locations on the way.

The Turo website provides the following information: For the renters: Enter your travel dates and location and search our vast selection of unique, locally owned cars. Request to rent the

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APRIL 2016

The car-sharing industry is expected to grow to $6 billion globally by 2020.

Expect big things in workers’ compensation. Expect to save a third of your clients 30% or more. Most classes approved, nationwide.

For information call (877) 234-4450 or visit auw.com/us.

Š2016 Applied Underwriters, Inc., a Berkshire Hathaway company. Rated A+ (Superior) by A.M. Best.

Insurance plans protected U.S. Patent No. 7,908,157.

SHARING ECONOMY, CONTINUED CAR-SHARING and home-sharing make up just a portion of the rapidly growing “sharing economy,” which includes everything from office space rentals (LiquidSpace) to bathroom rentals (yes … Airpnp).

Another increasingly common component of the sharing economy is ridesharing – the service provided by transportation network companies (TNCs – think: Uber, Lyft). Chances are good that your customers are using, or possibly driving for, these companies.

Insurance is at the crux of the controversy surrounding TNCs, since drivers are using their personal vehicles. While an increasing number of TNCs provide some protection, the nature and scope of their insurance coverage varies and, when coordinated with a driver’s personal auto policy, still can leave uninsured gaps.

Our consumer education library includes two relevant flyers: one for drivers and one for passengers of TNCs. Each answers frequently asked questions and can be customized with your agency’s logo and contact information.

Access the ridesharing flyers in our online Branding Center.

IABforME.com/MyBrand

car. The owner will confirm or decline your trip within eight hours, but typically it’s much sooner. Meet the car owner to pick up the car. Many owners offer delivery, so they may bring it right to you. Walk around the car, show them your license, grab the keys and drive off into the sunset. At the end of your trip, replace the gas you used and meet the owner to drop off the car. Walk around the car again, hand over the keys, give them a high five and start planning your next adventure.

For the owners: Create a free listing with a few clicks. Describe your car, upload some clean photos and you’re ready to go. Be sure to keep your calendar up to date so travelers know when your car is available. You’ll get notified when someone requests your car. Confirm or decline the trip as soon as possible, and contact the traveler if you have any questions. Coordinate where and when you’ll meet your guest. Check their license, walk around the car, check the fuel and mileage and send them off on their adventure. Rest easy. Turo covers your car with $1 million in liability insurance and 24/7 roadside assistance throughout the trip, so you can just watch the dollars roll in.

Airbnb, HomeAway and CouchSurfing offer short-term rental, or home-sharing, services to connect guests looking for rentals, or home-sharing, with homeowners seeking to rent out their homes, spare rooms in their homes or apartments for compensation or for sharing. These rentals may be short-term (i.e., one night or a weekend) or as long as several months.

Airbnb and HomeAway focus their services on home rentals for compensation, whereas CouchSurfing concentrates on homesharing at no charge to the guest.

All of these rental companies (car and home) have a website.

They can be accessed via the Internet or through smart-phone applications such as Facebook and Twitter. The parties using these services are the renters of the cars or homes and the owners of the cars or homes. In order to rent a car or home from others or to rent your car or your home to others, you must be a member of that particular service. For most of them, just go their website, fill out an application, pay any required fees, and you’re a member.

Car sharing was pioneered in the United States by ZipCar, which created a club that allows participants access to a fleet of vehicles owned by the company for hourly rentals. In January 2013, Avis Car Rental bought ZipCar, which serves more than

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It’s likely that both the renters and the owners may be taking on risks they don’t fully understand.

20 metropolitan areas and 300 college campuses with 11,000 vehicles and 760,000 club members. The car-sharing industry is expected to grow to $6 billion globally by 2020, according to the CarSharing Association.

Turo, GetAround, JustShareIt and FlightCar are an outgrowth of ZipCar. The major difference is the cars are not owned by the company. They’re owned by individuals who put their personal cars up for rent. This is sometimes called “peer-to-peer” rentals or “peer-sharing.”

All of these companies maintain they conduct a background check on both the renters and the owners before approving their membership. In addition, most of the car rental companies, via their websites, advertise that they provide $1 million liability insurance, as mentioned previously when discussing Turo’s website. But, who do these policies cover – the renter of the car, the owner of the car, or both? What are the limitations and exclusions? I’ll bet that nobody has ever asked for a Certificate of Insurance. It’s likely that both the renters and the owners may be taking on risks they don’t fully understand.

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The insurance industry has taken the position that anyone renting out their car under a car-sharing program needs a commercial policy because many personal auto policies exclude autos being used in a commercial venture. Some auto insurers are considering revising their policies to address car-sharing.

Allstate, the country’s second largest auto insurer warns policyholders against renting out their cars. According to Justin Herndon, an Allstate spokesman: Allstate is watching the rideshare movement and, as the practice gains larger scale, we are considering possible policies and products that may address the insurance implications.

That said, our current standard policy excludes coverage for commercial use. If somebody rents their vehicle to another party, their vehicle would not be covered by their auto policy.

The increasing popularity of home-sharing has caused the Insurance Services Office (ISO) to issue an advisory notice to its member companies for distribution to their policyholders. This notice is entitled Advisory Notice To Policyholders Regarding Home-Sharing Services, and states, in part:

I do know this much. If you rent your car to me, you’re an insured under your auto policy (as the owner), and I’m an insured under your policy (as a permissive user). I’m an insured under my auto policy (use of any auto), but you are not an insured under my policy since you own the car. Your policy is primary, and mine is excess. That is, if we’re covered at all, and we might not be.

This Notice provides information concerning the potential insurance implications for you of engaging in home-sharing arrangements through home-sharing companies.

According to insurance regulators, some of these car rental companies provide the renters with only the minimum limits of liability as required by the state. The New York Superintendent of Financial Services, Benjamin M. Lawsky, warned consumers using car sharing services that their personal auto policies wouldn’t cover them in the state, saying, “New Yorkers who rent their own vehicles through a car-sharing program may be left paying out of their own pockets for damages and injuries stemming from any accidents that occur during the rental period.”

• When acting as a host, and renting out space to others, coverage under your Homeowners Policy may, with certain exceptions, be limited or excluded with respect to:

Your Homeowners Policy contains several provisions which may limit or exclude certain coverages when you participate in a home-sharing service, either when acting as a host or acting as a guest. For example:

• Loss to a structure, other than your residence, that is rented or held for rental to others; • Loss to personal property of your roomers, boarders and other tenants; • Theft of your personal property from that part of your residence rented by you to others;

APRIL 2016

• Loss of your appliances, carpeting and other household furnishings in each apartment regularly rented or held for rental to others; and

“The times, they are a-changin’.” I don’t know if that’s just a saying or the words of a song. It doesn’t really matter. What matters is, “Are we keeping up?”

• Your liability for bodily injury or property damage to others when the rentals occur more than occasionally.

Y’all take care! n

• When acting as a guest, and utilizing someone else’s space, coverage under your Homeowners Policy may be limited or excluded with respect to damage to property you rent, occupy, use or property that is in your care.

You should: • Review your Homeowners Policy and any applicable home-sharing company provisions carefully; and

J erry 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.

• Contact your insurance agent or broker to discuss potential gaps in insurance coverage under your policy and any protections which may be available.

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SHIFTING LIABILITY

THE RACE TO RESPOND TO AUTONOMOUS CARS 18

APRIL 2016

R

eady or not, here they come. Fully autonomous cars will arrive in 2019, according to a recent Business Insider Intelligence report. Forbes’ prediction is along the same lines: “Many experts agree that self-driving cars could be used in controlled environments like highways by 2020.” And by 2035, Boston Consulting Group projects that fully autonomous cars will account for one in four auto sales globally. With tech companies (the ubiquitous Google), auto manufacturers (Audi was second only behind Google to receive an autonomous-car test license), and even ridesharing giants (Uber and Lyft) moving the technology along, the fast-paced projections seem likely.

“The technology is really advancing faster than we had originally anticipated,” shared Steve Hill, of the Nevada governor’s office of economic development, with the National Conference of State Legislatures. Nevada was the first state to legislate an allowance for the testing of driverless cars. California, Florida, Michigan and Washington, D.C. quickly followed suit.

By Karen Robison

Autonomous cars are poised to hit the highways and (soon after) byways, causing a bumpy road for the insurance industry as liability shifts away from drivers and toward manufacturers.

How well insurance carriers prepare and respond to the new terrain will determine their relevance in the years ahead.

Just as state regulators are gaining comfort with the technology, the general public is coming around as well. Sure, completely self-driving cars have yet to hit the streets, but “smarter” cars – equip with self-parking, automatic emergency braking and lane-keeping technologies – are here and are easing drivers into the idea. The University of Michigan Transportation Research Institute’s recent, international survey of public opinions on autonomous cars found: “As much as [drivers] have concerns, there’s an interest there. It’s a matter of … slowly proving what these vehicles can do, slowly introducing them to the public.”

But “slowly,” it appears, may be relative.

PERSONAL LINES REPERCUSSIONS It has been well documented that self-driving technology will upend public safety – and, in turn, the personal auto insurance market – as we know it. The Atlantic recently asserted that “automation on the roads could be the great public-health achievement of the 21st century,” suggesting that fully autonomous cars could save 10 million lives per decade globally. And McKinsey & Company estimates that, by 2050, autonomous cars and other advanced driver-assistance systems will save $190 billion per year in U.S. health care expenses.

While auto manufacturers slowly ease “smart” technology into their products, the impact on safety is already becoming evident. The Highway Loss Data Institute studied the impact on insurance claims data from the 2013 Honda Accord safe-driving technology – an alert beeps when the car gets too close to traffic

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in front of it or leaves its lane without signaling. The results?

Bodily injury losses decreased 40 percent, and medical payments dropped by 27 percent.

These safety findings and projections are painting an increasingly clear picture for the future of the personal auto insurance market.

The revered Warren Buffett summed it up: “If you could come up with anything involved in driving that cut accidents by 30 percent, 40 percent, 50 percent, that would be wonderful. But we would not be holding a party at our insurance company.”

The impact of self-driving technology on insurance claim frequency could prompt a 60 percent decrease in premiums within 15 years, according to research firm Celent. “You have to be prepared to see that part of your business shrink, probably considerably,” said Celent’s Donald Light to property and casualty insurers.

Spiking severity

Remaining risks Will auto accidents completely diminish and the personal auto insurance market dissolve? It’s unlikely – at least while some cars on the road still have human drivers. And turning over a countrywide fleet of vehicles would take decades.

Another study by the University of Michigan Transportation Research Institute found that, while driverless vehicles have accident rates twice as high as their human-driven counterparts, the autonomous cars never have been at fault. Nearly all of the accidents were caused when human drivers ran into the driverless car in front of them. At issue: People are not used to sharing the road with cars that follow all of the rules.

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It has been well documented that self-driving technology will upend public safety – and, in turn, the personal auto insurance market – as we know it.

While the frequency of accidents is expected to make a drastic drop in the decades ahead, the severity of claims – to fix cars filled with cameras, radars and sensors – is expected to rise.

Attorney Hilary Rowen, who is well versed in the legal and insurance repercussions of driverless cars, explained the outlook to Insurance Journal: As the [country’s auto] fleet increasingly moves toward more autonomous features … bodily injury rates will go down – both the frequency of accidents and the severity of accidents.

In all likelihood the frequency of property damage claims will also go down. [However,] it is likely that the severity, the cost per claim on property damage, will go up because cars will now have very expensive sensors hung in or arrayed in, very vulnerable locations.

APRIL 2016

Rated A+ by A.M. Best and S&P Ward’s 50 best-run company Named the #3 large company to work for in America Manages over $3 billion in assets 61st largest insurer in the nation In business since 1925 Less than 3% voluntary employee turnover

Gradual adoption of in-car automation is expected to create a period of complicated part-car, part-human insurance issues and, in time, a complete shift from personal to product liability.

Bottom line: The personal auto insurance market is poised for drastic change, yet the change won’t occur overnight. A countrywide fleet of vehicles will take time to turn over, so the likely result will be an evolution – steadily declining frequency and severity of bodily injury claims and gradually increasing severity of property damage claims. What remains to be seen is how insurance carriers will respond, when they will adjust pricing and what that means for market share.

Arguably the most notable demonstration of the emerging need for cyber liability insurance on “smart” cars came in July 2015. Two security researchers remotely took control of a Jeep Cherokee as a Wired magazine writer drove it on a St. Louis interstate. They hacked into the Jeep’s Inernet-enabled entertainment system and went as far as to disengage the transmission. After the story broker, Fiat Chrysler issued a voluntary safety recall of 1.4 million U.S. vehicles.

COMMERCIAL LINES CONSIDERATIONS Beyond the implications for the personal auto insurance market are those for commercial lines.

A change in the liability structure and an expansion of the cyber liability insurance market could be around the corner.

Dave Wasson, with brokerage Hays Cos. in Chicago, explained to Risk & Insurance: Right now, you have a pull market, with small [original equipment manufacturers (OEMs)] seeking [cyber] coverage because the first-tier OEMs and carmakers demand that they be indemnified. But that is not sustainable. A client might demand a $15 million cover from a small supplier, but that cover could cost the supplier $50,000 when he only grosses $100,000 on the contract.

Gradual adoption of in-car automation is expected to create a period of complicated part-car, part-human insurance issues and, in time, a complete shift from personal to product liability.

Realigned responsibility Driverless cars, as machines (and complex ones at that), are subject to malfunction. Strict product liability is the theory most often used by plaintiffs in suits against manufacturers involving the design of automobiles. As such, it likely will play a central role in litigation over the responsibility for crashes associated with autonomous vehicles – and prompt manufacturers to purchase additional insurance coverage.

Just how much litigation will occur – and at what cost, literally and figuratively – is in question. Some legal and technology experts wonder if the threat of lawsuits could slow manufacturers’ development of self-driving technology.

Others take it a step further and question if an influx of litigation will necessitate legislation to create a type of no-fault auto insurance system.

Cyber concerns Beyond product liability, autonomous vehicles are accelerating another emerging risk for the car industry (not to mention car manufacturers’ suppliers): cyber liability. Driverless cars – and even their increasingly “smart” predecessors – rely on radars, cameras and GPS … all of which can be hacked.

22

Wasson predicts that auto manufacturers eventually will need to step up and use their assets, resources and connections to negotiate proper, primary cyber liability coverage with insurance brokers. After all, if the supplier goes bankrupt, the car manufacturer is going to be next in line for a lawsuit.

PREPARATIONS AND PROJECTIONS Self-driving technology that once seemed farfetched now appears just years away from widespread implementation. As such, the insurance industry is poised for significant changes.

But all is not lost. What’s ahead appears to be a gradual shift in liability, with some traditional markets withering while new ones flourish. How quickly individual insurance carriers prepare and respond could be indicative of their future market share and even longevity. And how well educated and nimble insurance producers are could impact their livelihood. n Karen Robison is public relations director for IA&B.

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TECHNOLOGY UPDATE

SPEED DATING FOR A NEW AMS IA&B OFFERS NEW WAY TO TELL WHICH AGENCY MANAGEMENT SYSTEM MAY BE “THE ONE.”

In a new IA&B webinar series, tech guru Steve Anderson serves as a virtual matchmaker between independent agencies and the leading AMS vendors.

M

ost agency principals have a love/hate relationship with technology, and the agency management system (AMS) is often at the center of this emotional tug-of-war. When a new system is installed, it can come with as much excitement as a first date. But over the years, the feelings start to fade as the things it could once do are nothing compared to what the sexy new systems offer.

In some cases, the principal has a wandering eye and thoughts of abandoning the old system. But just as often, a beloved system begins to develop problems that ultimately lead to its demise. Either way, the agency principal needs to get back into the AMS market.

A GUIDE TO PLAYING THE FIELD With so many vendors offering a wide variety of sophisticated systems designed for all kinds of agencies, a lot of time could be spent searching for a good fit. This can be especially challenging for smaller agencies that do not have dedicated technology staff. Fortunately, IA&B is offering a new webinar series, “AMS Options for Agencies,” to help compare and contrast the leading AMS platforms on the market today.

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Nationally renowned agency technology maven Steve Anderson will be our host for more than a dozen webinars coming in fairly rapid succession in the coming months. Each will highlight a different AMS vendor and the system they’re marketing to independent agencies.

Not unlike speed dating, it’s a way for agencies to quickly evaluate the field of potential suitors. But, better than speed dating, Anderson will act like a protective father who tags along to make sure you’re getting everything you need to make an informed decision.

Webinars will have a consistent agenda.

Anderson will introduce vendor reps who will then spend most of the hour covering their system’s capabilities in managing personal lines, commercial lines, and accounting.

They will also cover what they consider differentiators of their systems, and Anderson will serve as a moderator, interjecting as appropriate.

Anderson has developed an evaluation tool to help agencies keep track of the various criteria they’ll want to refer to when winnowing the field of prospects.

Regardless of agency size or budget,

SHOULD YOU BE SHOPPING? STEVE ANDERSON, agency technology consultant and host of IA&B’s new webinar series “AMS Options for Agencies,” offers a free, online survey that helps an agency determine if the time is right to begin the search for a new agency management system. The 17-question survey takes just minutes to complete.

Upon submission, an immediate preliminary assessment is made and, shortly thereafter, a follow-up email is sent to the agency with a customized report containing detailed recommendations based on survey responses. The report can then be used to determine if “AMS Options for Agencies” will be of value.

Take the no-obligation survey at www.SteveAnderson.com/ AMSsIAB

there will be viable options for anyone considering an upgrade or an initial investment in an AMS. The webinars will be offered live according to the tentative schedule to the right. Also, the entire series will be recorded and archived in IA&B’s My E-Training Center, our on-demand training platform, through March 2017. “AMS Options for Agencies” will be sold as a package for $199 for member agencies ($249 for non-members). Webinars will not be offered individually.

Anyone can register at any point and view live webinars as they happen and recorded webinars at any time (through next March). n

“AMS OPTIONS FOR AGENCIES” WEBINAR SCHEDULE* March 29

Series introduction with Steve Anderson

April 5

Xanatek—Xanatek IMS

April 7

Applied Systems—Applied EPIC

April 12

Evolution Agency Mgmt.—Evolution eVo

April 14

Hawksoft—Hawksoft CMS

April 19

EZLynx—EZLynx Management System

April 21

XDimensional Technology—Nexsure

May 3

SIS—SIS Partner XE

May 10

Insurance Tech. Corp.—ITC InsurancePro

May 12

NASA—NASA Eclipse

May 17

Jenesis—Jenesis

May 19

Vertafore—QQ Catalyst

(all webinars to be recorded and archived) * Live webinar times, additional vendors/systems, registration details and other information can be found at IABforMe.com/AMSwebinars.

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25

HR HEADQUARTERS

ARMING NEW HIRES FOR

SUCCESS

5

steps to a super orientation

By Karen H. DiGioia

26

APRIL 2016

You searched. You interviewed.

You hired.

Not quite “Veni. Vidi. Vici.” (I came. I saw. I conquered.), but it might feel like it. All the hard work of hiring is behind you. Time to sit back and let the new employee get to work — right?

Of course, not (if it were, this article would be about something else!). Your most important work begins now.

O

nboarding... Orientation... Whatever you call it, it’s critical to maximizing the success of your new employee.

Why is orientation so critical? Employees (new or not) need to know a number of key things – and they need to know them well. They may know the technical aspects of their new job (or at least have the basics or you wouldn’t have hired them), but there are a number of less tangible things your employees need to know. Let’s spend some time looking at what knowledge your new employee needs and why it’s so important.

WHAT KNOWLEDGE IS REQUIRED FOR AN EMPLOYEE TO BE SUCCESSFUL IN HIS OR HER JOB? An understanding of the job I’m sure it sounds pretty basic, but employees must know what their job is, and they need to know it in very specific terms. This should be covered on day one of employment, and it’s as simple as reviewing the employee’s job description with him. So, before your new employee starts, dust off that job description, make sure it’s up to date and have a printed copy available to review with your employee.

An understanding of the agency Employees need to understand many things about the agency.

You may have covered some of this information in the interview process, but that was weeks ago. Assume your new employee is a blank slate, and make sure they have all the information that they need: the structure of the agency, the products that you offer, the companies that you work with, information about your customers, your vision, your culture, your values, your mission, service standards, strategic and operational goals of the

organization, policies, procedures, etc. etc. etc. This list goes on and on. You may have manuals in place that will help you pass along some of this information. Other pieces of it will be passed along less formally.

An understanding of the resources available to them Employees need to have an understanding of the technology/ systems that they will be working with. They also should understand the roles of their co-workers (and those who can be resources to them when they have questions). They need to be familiar with any manuals and forms that they may be using and know where to find them. They should know what to do if they have a question or are uncertain how to handle a situation.

They should know who to contact (and how to do so) if their car breaks down on the way to work or they need to call in sick.

An understanding of legal and compliance information Employees need to have a clear understanding of the legal/ compliance parameters associated with their job. They need to understand what, by law, they can do and what needs to be done by other agency employees (or an outside party).

Your expectations All managers are different. All agencies are different.

Your new employee may have been in a similar position at another agency – that doesn’t mean that the job is the same.

Maybe the previous manager expected daily updates and you only need to be updated on a weekly basis. Maybe the previous manager wanted updates left in a memo on their desk. Maybe you want one emailed to you. Maybe you want to be involved any time there is an issue involving an unhappy customer.

Maybe the employee’s previous manager expected employees to deal with disgruntled customers on their own and escalate to the manager only when all else had failed. If you do not take the time to clarify your expectations, there’s going to be a lengthy (and possibly painful) trial-and-error process for your new employee. While it may be difficult to cover everything up front, do your best to communicate your expectations.

Got the idea? While the lists above are far from all-inclusive, they should give you some sense of the amount of information your employees need and the fact that most of this is not “stuff” that a new employee walks in the door knowing.

So, how does your new employee get all this critical knowledge?

It needs to be provided to them – over a period of time – through a formal or informal onboarding process. This process will take time and will most likely be provided through a number of formats.

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HR HEADQUARTERS [Sidebar/call-out box:]

TRAINING PATHS DEFINE …

LOOK TO IA&B’s online Agency Career & Training Paths when bringing new staff on board. The resources are separated by role – sales (producers), service (CSRs/ account managers) and management (agency managers) – and provide a relevant career development checklist and core competency training for each one.

IABforME.com/TrainingPaths

CAREER CENTER TO COME THE IA&B Boards of Directors are committed to supporting member agencies as they – and the independent agency system as a whole – face perpetuation challenges.

One resulting initiative is an online career center, slated to launch later this year. The initiative will feature a resume bank for job seekers currently within and outside of the industry and a jobs board specific to independent agency positions.

Watch IABforME.com and Agent Headlines Week in Review emails for more details.

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A formal day or two of orientation at the very beginning can be invaluable.

This time is spent with the manager or with someone responsible for the orientation process reviewing the job description, the agency handbook, policy and procedures manuals....

Orientation of a new employee also can involve less formal time – maybe lunch or a meeting with the agency owner discussing the agency, its goals and objectives, mission, values, expectations of employees, etc. There may be formal training classes that should (or must) be completed and passed. Maybe you assign the new employee to a more seasoned employee who will serve as a mentor for a period of time.

The bottom line? You can’t just show your new employee to his work space and expect him to get to work and do a great job. Each and every employee needs a well-planned onboarding period during which he will learn critical information about his job, your agency and your expectations.

Did you know that the IA&B website provides you with tools to make this process easier? In the Training & Education section of the website, you will find the Agency Career & Training Paths (IABforME.com/TrainingPaths) for Sales (Producers), Service (CSRs/ Account Managers) and Management (Agency Managers). Each section will provide you with a Career Development Checklist and Core Competency Training related to each career track.

While you may need to “customize” these tools a bit to meet your specific needs, it’s certainly a great place to start. Later this year, these tools will be expanded when IA&B launches a new Career Center. (See sidebar for more information.)

So, once you have your new employee oriented, up to speed and working, you may ask, “Am I done now?”

Of course, the answer continues to be, “No!” Get back out there and provide all of your employees with feedback (positive and constructive) on their performance each and every day!

And don’t forget, if you run into an employee situation that you aren’t sure how to handle, or if you have any other HR-related questions, I’m just an email or phone call away. I can be reached at 610-779-3870 or karen@mostellerhr.com.

Happy managing! n Karen H. DiGioia provided this article on behalf of Mosteller & Associates, IA&B’s contracted human resources consulting firm.

Reach out to Karen for more information on conducting classifying workers or with other human resources questions.

IA&B’s HR Solution© is a compilation of products and services – available exclusively for our member agencies – that simplifies establishing or improving your human resources program. It includes base-level consultation and discounted professional services from Mosteller & Associates. Learn more at IABforME.com/emp_mgmt.

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26

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Hunt Valley, MD

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17-19

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Pittsburgh, PA

18

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23-24

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24

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