Delaware Primary Agent - February 2015

FEBRUARY 2015 | DELAWARE

BRIGHT IDEAS FOR AGENCY

MANAGEMENT BREAK THE EMAIL CYCLE PRIVACY: DISPOSING OF ELECTRONICS EXPENSIFY TO EASILY MANAGE EXPENSES

ost there when it matters most there when it matters

Competitive In today’s crowded marketplace, Donegal remains highly competitive in price and product offering.

Price – Personal and Commercial Lines rates consistently among the most competitive in the state.

Product – Superior products with enhanced coverages.

And Donegal agencies benefit from a total compensation package that’s one of the best in the industry.

Remaining competitive in price, product and agency compensation… another way Donegal is “There When It Matters Most.”

To learn more visit www.donegalgroup.com or call Rick Kelley at 800-877-0600.

IN THIS

ON THE COVER 12

s most

BREAK THE EMAIL CYCLE 4 tips to reach higher productivity

ALSO 18

DISPOSING OF OFFICE ELECTRONICS Know the drill to protect customers’ data.

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TECHNOLOGY UPDATE Expensify to easily manage expenses

IN EVERY ISSUE 2

Chair of the Board

3

Ask Our Experts

4

Preventing Errors & Omissions

6

Coverage Corner

8

State News

11

IA&B Partners

23

My Events

23

Advertiser’s Index

23

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 # 2015-02, 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

PRIMARY AGENT 2.0

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

OFFICERS

W

Chair of the Board

elcome to the next generation of Primary Agent magazine! The IA&B staff heard us loud and clear when we responded to last summer’s communication survey, and they responded with some bold steps for this publication: • A sleek new design with improved readability • A continuation of the content we loyally read, sprinkled with fresh angles and insights • A digitally optimized version for our smart phones and tablets, available through a free app from Google Play or iTunes If I were to list the strengths of our agents’ association, responsiveness to members would be near the top. Whether it’s developing timely compliance resources or expanding professional training offerings, adding new market access programs or advocating against an urgent legislative threat – or even taking a fresh look at a beloved member benefit, like Primary Agent – IA&B loyally maintains its member focus.

I hope that you enjoy this edition of Primary Agent magazine (in your preferred format, print or digital) and that you continue providing feedback and staying engaged with IA&B. This is your association, and the board and staff are eager to make membership meaningful to you and your agency. n

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

Douglas A. Loesel, CPCU 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

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

Richard M. Rankin, CIC Lancaster, PA

April E. Ressler, CIC Altoona, PA

Scott C. Rogers, CPIA* York, PA

Diana M. Hornung Hanby Chair of the Board

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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Ask Our Experts

Question: The ISO protection class in my township doesn’t seem to reflect the proper distance from the primary fire company.

Is there any way to appeal it?

Have a question?

Ask our experts!

Answer:

Y

es, there is. In order to appeal the protection class, you have to request that ISO re-rate it. The request has to come from either the highest ranking official in the community (township, borough, etc.) or from the fire chief. The request can be addressed to: ISO - public protection. Take note that the request can also come from the carrier as an ISO subscriber.

Protection classes have recently changed. As a reminder, ISO introduced new Public Protection Classes effective July 1, 2014. Since the use of the new classes was optional, some carriers may have adopted them, while others have not.

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.

The new classes add differentiation factors and incorporate a new water class. Based on the analysis of loss experience, Class 10W gives credits to risks that are more than five but less than seven road miles from a responding fire station, with a creditable water source within 1,000 feet. For more information on these changes, visit isomitigation. com/ppc/articles/PPC-Announcement-Brochure.pdf.

General questions on ISO’s Public Protection Classes can be directed to ISO at 800-444-4554 or PPC-Cust-Serv@iso.com. n

This month’s answer was provided by Claire Pantaloni, CIC, CISR, our industry affairs director. Catch Claire in our upcoming Human Resource Pitfalls special topic seminars (IABforME.com/SpecialTopics).

IABforME.com | PRIMARY

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PREVENTING ERRORS AND OMISSIONS

WHICH OF YOUR CUSTOMERS COULD USE AN UMBRELLA? Utica National E&O Program

W

hen looking at various E&O claims involving umbrella coverage, there are circumstances where the “gaps” between the actual underlying limits and those required are major concerns. However, in the majority of those cases, the real issue is the lack of the umbrella. Essentially, there is a claim where the underlying limits were not sufficient to cover the claim. Unfortunately, when this occurs, the possibility that the agency could be involved in litigation due to the absence of the umbrella increases. Why, then,

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don’t more personal and commercial customers have this important coverage?

WHO HAS THE POTENTIAL? There are instances where a customer is provided with an umbrella proposal and chooses not to buy it. This is fine, providing there is solid documentation of the offer and the declination. Could there be situations where an umbrella proposal was not even provided because the agency CSR/producer did not think the client needed an umbrella?

FEBRUARY 2015

Absolutely. On any given day, the news reports on major accidents in which the potential to exhaust the underlying coverage limits exists.

Which of your clients need an umbrella?

Asking the question in a somewhat different manner, which of your customers has the potential to cause an accident where the underlying auto or homeowners limits will not be sufficient?

They most likely all do! Why, then, has an umbrella proposal not been provided to all of your customers?

Be careful not to prejudge customers when determining customers’ insurance needs.

WHO RECEIVES A PROPOSAL? Some agency staff members may judge whether to offer an umbrella based heavily on the size of that specific customer’s assets. When an agency CSR deals with a personal lines customer who has two homes, three cars and a boat, the thought of offering an umbrella seems much more logical. After all, the customer has the assets, and umbrella is a coverage that will assist greatly in protecting those assets. The same is true for a commercial lines customer with a multiple-vehicle fleet and a significant general liability exposure.

In the commercial lines scenario, contrast the customer with multiple vehicles and a storefront operation with a oneperson operation, such as a contractor or salesperson. Does one of these exposures offer a greater likelihood there will be a sufficient claim? While the customer with multiple vehicles probably presents a greater exposure, it does not mean the customer with one vehicle has no exposure. In addition, accounts such as contractors have other exposures that present tremendous potential for a sizeable general liability loss.

Going back to the personal lines customer, contrast that customer with a young adult that owns a car and rents an apartment. If one were to judge the “need for an umbrella” by the size of the assets, there is a good chance there will not be an umbrella discussion with the young adult client. After all, what could the young adult do that could cause a serious auto accident or result in a significant liability exposure? Plenty!

WRITE MORE UMBRELLAS To reiterate, which of your customers need an umbrella? The most likely all do! Agency staff should be careful not to prejudge customers when determining customers’ insurance needs. There is the requirement that certain minimum underlying limits be carried to secure an umbrella, so when dealing with current and prospective customers, discuss the benefit and cost of an umbrella. Propose a variety of limits for the coverages being considered. This lets the customer know

Bottom line, the potential size of auto accidents or liability exposures is not determined by the size of the client’s assets. What if the client just graduated and has a college debt of $200,000?

What are this individual’s net assets?

It’s probably a negative number, yet this person still has the ability to cause a significant loss where the underlying insurance is not sufficient – just as great as the person who owns two homes, three cars and a boat.

that you are not “recommending” a specific limit and that higher limits are available. This also “forces” the customer to make a decision on which limit he or she wants and those which are being rejected.

Most agency management systems provide the ability to identify those accounts that don’t have an umbrella.

Make it a goal in 2015 to ensure that all of your customers are advised of umbrella coverage, what it does and how much it costs. For some customers, you must factor in the cost to increase his or her underlying limit. If a customer rejects the umbrella offering, get his or her sign-off. At the end of the end, you’re likely to find yourself writing more umbrella policies. 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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IABforME.com | PRIMARY

Coastal Agents Alliance, LLC

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COVERAGE CORNER

PRODUCT LIABILITY IN PENNSYLVANIA Jerry M. Milton

S

ection 402 A of the Second Restatement of Torts, which was adopted in Pennsylvania in 1966, imposes liability on one who sells a product in a “defective condition unreasonably dangerous to the user or consumer” [emphasis added]. In Azzarello v. Black Brothers Company, 391 A.2d 1020 (Pa. 1978), the Pennsylvania Supreme Court concluded that the phrase “unreasonably dangerous” had no “independent significance” and merely explains the term “defective.” Therefore, the Court held that a plaintiff need not prove negligence in strict liability claims.

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The Court further held that whether a product was in a “defective condition unreasonably dangerous” was a decision for the trial judge alone, and not the jury. Subsequent decisions have reinforced Azzarello prohibition on considering negligence as a factor in strict liability claims.

In 1998, the American Law Institute introduced the Third Restatement of Torts. Whereas the Second Restatement addressed manufacturing defects only, the Third Restatement provided guidance for design defect and failure to warn claims.

Until November 2014, the Pennsylvania

FEBRUARY 2015

Supreme Court had not addressed the potential adoption of the Third Restatement in Pennsylvania, although several judges individually indicated their support for such a move.

When lightning struck near the Tinchers’ home, steel tubing carrying natural gas to a fireplace was punctured, igniting the gas and causing a fire that resulted in significant damage to the Tinchers’ home. The Tinchers sued Omega Flex, the manufacturer of the tubing, alleging “design defect.” Omega Flex argued for application of the Third Restatement.

However, the trial court judge

instructed the jury based on the Second Restatement. The jury returned a verdict in the Tinchers’ favor, and Omega Flex appealed.

use of the product.” A strict liability claim is based on a duty imposed by law which is distinct from the duty of care applicable to negligence claims.

On appeal, the Superior Court of Pennsylvania upheld the trial court’s verdict in factor of the Tinchers, and Omega Flex then appealed to the Pennsylvania Supreme Court.

The Court adopted a composite of two standards to determine whether a product is in a “defective condition” – the Consumer Expectations Standard and the Risk-Utility Standard. Under the Consumer Expectations Standard, a product is defective if, upon normal use, the product is “dangerous beyond the reasonable consumer’s contemplations.” In other words, the danger must be “unknowable and unacceptable to the average or ordinary consumer.”

After an extensive review of the current law and some of the problems that have developed, the Court, in Tincher v.

Omega Flex, Inc., No. 17 MAP 2013 (Pa. Nov. 19, 2014), rendered three significant rulings: (1) it overruled Azzarello; (2) it declined to adopt the Third Restatement; and (3) it provided new guidance for strict liability claims in Pennsylvania.

Recognizing the unworkable and inconsistent decisions in product liability cases, the Court overruled Azzarello, acknowledging that strict liability claims are based in part on principles of negligence. In addition, the Court clarified that the determination of whether a product is defective, including consideration of any factors that constitute negligence, is for the jury, if the case is tried before a jury.

The Court was concerned that adoption of the Third Restatement would require the application of a general principle of liability with respect to all products, while there may be particular products or circumstances that warrant special considerations.

Further, given the fact-intensive nature of product liability cases, the Court believed the judiciary should be cautious about making broad policy judgments.

According to the Court’s opinion, the theory of strict liability remains the same as stipulated in Webb v. Zurn, 220 A. 2d 853 (Pa. 1966) that “those who sell a product are held responsible for damage caused to a consumer by the reasonable

Under the Risk-Utility Standard, a product is defective if “a reasonable person would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions.”

The court identified, but did not endorse, a number of factors that may be relevant to the risk-utility analysis, including the usefulness and desirability of the product, safety aspects of the product, the availability of a substitute product, the manufacturer’s ability to eliminate the unsafe condition, the user’s ability to avoid danger, and the user’s anticipated awareness of the danger.

Seeing shortcomings in both standards, the Court adopted a composite approach which allows a breach of duty to be established under either test. The Court stated, “We hold that, in Pennsylvania, the cause of action in strict products liability requires proof, in the alternative, either of the ordinary consumer’s expectations or of the risk utility of a product.” The Court also concluded that the cause of action in tort for strict liability claims retains “those aspects of negligence and breach of warranty liability theories.”

Thus, the Azzarello decision and subsequent decisions that excluded negligence theories entirely from strict liability claims no longer exists in Pennsylvania.

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.

MORE FROM MILTON IF YOU love learning from Jerry (and who doesn’t?), be sure to catch him at one of his remaining Insuring Contractors special topic seminars (IABforME.com/SpecialTopics).

INSURING CONTRACTORS: WILKES-BARRE, PA – Wednesday, Feb. 25 GAITHERSBURG, MD – Tuesday, March 24

IABforME.com | PRIMARY

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STATE NEWS

ACORD FORM REVISED Applying updates to your agency management system ensures that you’re using the most recent ACORD form editions – and that you’re in compliance with licensing agreements.

DELAWARE NEARS TOP FOR NATURAL DISASTER RISK A new state-by-state analysis of natural hazard risks finds Delaware with the 10th highest risk for property damage. The CoreLogic Hazard Risk Score compiled data representing nine natural hazards: flood, wildfire, tornado, storm surge, earthquake, straight-line wind, hurricane wind, hail and sinkhole.

Let this risk ranking serve as a call to action for your agency to prioritize its business continuity planning. After all, when a disaster strikes is when your customers need you the most.

Our newly enhanced Emergency Business Continuity Planning Manual helps to ensure that your agency remains accessible and operational. IA&B membership grants you free access to the manual and secure, online storage of your finalized plan so you can access it offsite.

“For me, this is an awesome program, easy to use, comprehensive and helps remind us of some of those things we may not have thought about if we were attempting to put a plan together from scratch,” said Karla Myers, CIC, CISR, CWCA, operations manager for Franconia Insurance & Financial Services in Telford Pa.

What form revision?

The Personal Auto Application Section ACORD 290 DE (2014/12) became available for use on Dec. 1.

RECENT WORKERS’ COMP CRISES EVIDENT IN REPORT Coming as little surprise, Delaware jumped drastically in a biennial report that ranks states by their workers’ compensation premiums. The Oregon Department of Consumer and Business Services, which conducts the study, ranked Delaware 9th highest in 2014 – up from 30th in 2012.

Nationwide, the median value of workers’ comp premiums paid dropped 2 percent – from $1.88 per $100 of payroll in 2012, to $1.85 in 2014.

IABforME.com/emergency-planning-manual

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What licensing agreements?

It is a violation to issue prior editions of a superseded ACORD form once a new form is introduced. Your obligation stems from the licensing agreement between ACORD and your agency management system vendor (AMS, Applied, etc.). Agency management systems introduce the latest ACORD forms through periodic updates … which all too easily can fall through the cracks at busy agencies.

FEBRUARY 2015

DELAWARE ANNOUNCES NEW STATE-APPROVED MUNICIPAL INSURANCE TRUST FOR WC Amid a Workers’ Compensation (WC) market in turmoil, the Delaware League of Local Governments has announced the creation of the Delaware Founders Insurance Trust (DFIT), a self-insured group designed to provide WC insurance to municipalities. The fund asserts its approval by the Department of Insurance.

CONGRESSIONAL REPS NEED TO HEAR FROM YOU Registration is open for the Big “I” National Legislative Conference (NLC) in Washington D.C. Join over a thousand independent agents from across the nation on April 22-23 to discuss legislative issues with your congressional representatives.

Easy on your wallet We’ll cover the cost of your registration and hotel room on Wednesday, April 22.

And, thanks to Travelers – the generous sponsor of the legislative reception we will hold the same evening – your dinner is covered as well.

A message worth sharing The NLC is your prime opportunity to get involved and have a voice in the political process. With so many recent changes to the insurance industry, lawmakers need to hear from the people who are most affected.

Your opinion matters, and this event makes a difference.

IABforME.com/NLC

Self-insured groups come in different shapes and sizes, and we are currently verifying whether this fund will work directly with the municipalities or will accept business from producers and pay them commissions.

If the latter, since a self-insured fund is not a “traditional” rated carrier, producers contemplating doing business with them must also contemplate the effect this will have on their E&O policy’s insolvency exclusion. In case of insolvency, the statute governing Workers’ Compensation Self-Insurance Groups provides a guaranty mechanism that does not rely on a dedicated state fund, but instead on 1. an assessment of all self-insured groups, followed by 2. the recoupment of the assessment and other costs against the individual members of the insolvent group due to their joint and several liability.

Bottom line, whether this new player will be competing with you or working with you, informing municipalities about insolvency of a member and joint and several liability of all members may also be in order. We are still investigating the program and will keep you apprised of our findings via Agent Headlines (IABforME.com/news).

IABforME.com | PRIMARY

NEIGHBORING NEWS: NEW YORK TO CUT NON-RESIDENT AGENCIES A (TAX) BREAK If your agency holds a New York non-resident license, doing business in the Empire State is about to get easier. The state’s legislature voted to repeal and eliminate its annual maintenance fee on foreign corporations beginning with the 2015 tax year. Elimination of the tax should save affected agencies up to $300 annually.

Please note the repeal of the annual maintenance fee requirement does not: • Exempt agencies doing business in New York – or any other state in which it conducts business – from filing applicable tax returns, which may be required even if no premiums are generated during the tax year • Exempt agencies from complying with other annual filing requirements which may be imposed by the respective states’ Departments of State and/or Departments of Revenue Additionally, because the corporate tax reform measures in New York extend well beyond the issue of the annual maintenance fee, agency principals are encouraged to inform their accountants of the corporate tax reform measures.

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PLATINUM PROFILE

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

HM WORKERS’ COMPENSATION

K

eeping employees safe and on the job takes a lot of hard work. HM Workers’ Compensation helps clients to control and reduce costs by identifying the ways injuries or accidents can be prevented and developing programs to manage for better outcomes should an incident occur.

HM Workers’ Compensation offers dedicated service with exceptional results. Our clients can count on their service team for all aspects of their program, and we make achieving excellence our priority as we work to meet each client’s individual needs. Our team of highly experienced professionals manages the entire process better through in-depth knowledge of each client’s business and industry, delivering superior service and greatly improving outcomes. We work to control costs using our preferred network to deliver savings directly back to our clients. In fact, through our network contracts for physician services, pharmaceuticals and physical therapy, HM Workers’ Compensation has experienced nearly 56 percent average total cost savings on billed charges since 2009.

We know that properly managing Workers’ Compensation is essential to

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our clients’ financial success. Using our expertise, we develop and implement customized, effective programs that incorporate loss control, physician-tophysician case management, proactive risk management techniques and return-to-work programs. We manage the entire process to help keep employees safe while generating cost savings that our clients depend on to keep their companies financially strong. Clients can have confidence in HM’s service, as claims are processed with greater than 99 percent technical and financial accuracy. HM Workers’ Compensation is marketed in Pennsylvania and targets low to medium hazard industries in which employers are committed to return-to-work and safety programs.

These industries include health care, social services, hospitality, auto dealers, retain/wholesale stores and light manufacturing. Our range of loss cost multipliers offers flexibility that helps to price each account on its own merits.

HM Workers’ Compensation is underwritten by either Highmark Casualty Insurance Company or HM Casualty Insurance Company, member companies of HM Insurance Group, a Highmark company and leading national Stop Loss carrier. n FEBRUARY 2015

FOCUSED ON RESULTS FEATURED PARTNER

HM Insurance Group PRESIDENT

Matt Rhenish President & Chief Operating Officer COMPANY LOCATION

Pittsburgh, PA WEBSITE

www.hmig.com

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

Bailey Special Risks Inc

Insurance Agents & Brokers Service Group Inc

Briar Creek Mutual Insurance Company

Liberty Mutual Insurance MMG Insurance Company Millers Mutual Group Millville Mutual Insurance Co Mutual Benefit Group Penn National Insurance Swiss Re

Conemaugh Valley Mutual Insurance Co Countryway Insurance Company Encompass Insurance Foremost Insurance Group GMI Insurance Goodville Mutual Casualty Company Guard Insurance Group Insurance Alliance of Central PA Inc

The Main Street America 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 Penn PRIME Municipal Insurance

SILVER LEVEL

Access Insurance Company American Mining Insurance Co Cumberland Insurance Group Farmers Mutual Insurance Company of Western Pennsylvania

Reamstown Mutual Insurance Company Rockwood Casualty Insurance State Auto Mutual Insurance Company TAPCO Underwriters Inc The Brethren Mutual Insurance Company The Motorists Insurance Group

Frederick Mutual Insurance Co

The Mutual Service Office Inc

Juniata Mutual Insurance Co

Travelers

PSBA Insurance Trust

Tuscarora Wayne Group of Companies

Selective

United Fire Group

The Philadelphia Contributionship

Zenith Insurance

IABforME.com | PRIMARY

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Email is a drain on your agency’s productivity and bottom line. Tell you something you didn’t already know? Try what email costs North American businesses in staff time as a whole: nearly $1.8 billion per year.1

By Karen Robison

12

FEBRUARY 2015

BREAK THE

EMAIL

4

CYCLE

tips to reach higher productivity

H

ow many times do you check your email? For the average worker, it’s 36 times.

Per hour. And since we’re only human – who are becoming more susceptible to distraction thanks to psychosomatic “pseudo ADD” (see sidebar on page 15) – getting back on track can take time. A lot of time. Sixteen minutes on average. In fact, the impact of handling constant email on brain function is the equivalent of losing an entire night’s sleep … or of lowering your IQ by 10 points.2 “Email is one of the biggest productivity drains in an insurance agency today, if not the biggest productivity drain,” shares independent agency technology guru Steve Anderson.

So we all agree that it’s a problem. Now, how about a solution? Truth be told, changing a 20-year-old email culture isn’t going to happen overnight. Nor are there cut-and-dry solutions that work for every agency or every employee. However, on the following pages, we share some of the top strategies for managing your inbox.

SEND LESS AND YOU SHALL RECEIVE LESS LinkedIn CEO Jeff Weiner refers to this as “the golden rule of email management.”4 Simply think before you send. Considering that most emails prompt a response, if not a chain of replies, picking up the phone or walking down the hall could benefit you and your recipient(s) exponentially.

IABforME.com | PRIMARY

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Entrepreneur and founder of technology think tank TED, Chris Anderson, put forth an Email Charter with the goal of setting new email norms.5 Rounding out his highly praised creed is the idea of disconnecting from email. Chris Anderson suggests: “Consider calendaring half-days at work where you can’t go online. Or a commitment to email-free weekends.”

Give it a test run at your agency, and from there, your staff members may think twice before firing off their next barrage of electronic missives.

NIX NOTIFICATION NIGHTMARES We’ve all been there, intently focused on the task at hand when – bam! – up pops an email notification of questionable urgency, subject line along the lines of “Daily news roundup” or “Expense reports due by Tuesday” or “Ordering from Taco Town at noon.

Email me if you’re in!”

“I turn off the [email] pop-up notification so that it doesn’t interrupt me as I am doing work,” shares Katie Sattazahn, CSR with member agency Bernard C. Morrissey Insurance Inc. in Ephrata, Pa. “It seems minor, but it keeps me focused on what I am doing, and I don’t have the urge to respond as soon as an email comes in.”

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The impact of handling constant email on brain function is the equivalent of losing an entire night’s sleep … or of lowering your IQ by 10 points.

Of course email pop-up notifications are only the tip of the iceberg, the precursors to today’s smartphone notification trend – which distracts us with everything from severe weather alerts, to breaking news updates, to Facebook post comments.

Marsha Egan, CEO of InboxDetox.com, pinpoints “dings and flashes” as sure-fire productivity busters.6 According to Eagan, muting your smart phone or minimizing your email inbox aren’t enough to fight the urge of knowing who’s trying to reach you.

She recommends disabling your phone notifications and closing email tabs and then checking for messages just three to five times per day.

FEBRUARY 2015

CAUSE A CULTURAL CHANGE If the idea of checking your email just few times a day – as proposed by Egan and plenty of others like her – seems outrageous, that’s fair. GFI Software’s 2013 survey of U.S. employees found that a third of respondents respond to emails within 15 minutes.7 The on-call mentality is part of our email culture.

Understandably, bucking that trend can be worrisome, even anxiety causing. But continuing is no better.

According to a study published in a recent issue of the Journal of Occupational Health Psychology, the “urge to immediately respond to emails and engage in obsessive thoughts about returning an email to one’s boss, colleagues or clients” now warrants its own terminology: workplace telepressure.8 Researchers cited “workplace norms and expectations” as predictive of employees’ workplace telepressure … and the mental and even physical effects that stem from it (think: poor sleeping, fatigue, lack of focus).

Egan points out that we go without checking email during long meetings and between seminar breaks and – alas! – the sky does not fall. We need to rethink our expectations and the expectations of our employees. Along the same lines, Rule 2 in Chris Anderson’s Email Charter asserts that a delayed response is not a rude one. But it does require a shift in your agency’s culture – a shift away from using email as an instant messenger.

RETHINK YOUR INBOX If a glance at your inbox gives you heart palpitations, you’re not alone. And you’re probably not using your inbox properly.

“The most common reason for overload is that people often use the inbox for purposes it wasn’t designed for,” shares productivity consultant and author Mark Hurst. “The inbox is appropriate only as a temporary holding place of emails, briefly before they’re deleted or moved elsewhere.”9 An inbox is not meant to serve as a to-do list or an archive or any of the other purposes we have assigned to it.

Steve Anderson agrees. He coaches people to empty their inbox daily – a demonstration that you are in control and that the inbox doesn’t control you. Accomplishing such a feat requires you to rethink your inbox and to rely on your email client’s rules and tools. Steve Anderson sings the praises of Outlook’s Quick Steps, but the email platform also offers a free NoReplyAll add-on that prevents recipients from replying to all or forwarding an email.

(As a bonus, the add-on monitors for and flags common mistakes, such as forgetting attachments or subject lines.)

Tom Davenport, CIC, president of member agency Blue Marsh Insurance Inc. in Honey Brook, Pa., relies on GoogleApps for Work.

“We use advanced features such as filters, labels, multiple inboxes and Google groups email to make our incoming email processing much smoother,” shares Davenport. Fellow independent agency owner Jim Shubert, of Southern States Insurance, calls his transition to Google Apps for Work “one of the best decisions we’ve ever made.”10 While email clients’ capabilities are getting better and better, sometimes you have to fight fire with fire – or, in this case, technology with technology. Enter email-productivity apps,

PSEUDO ADD FOR NEARLY a decade, experts have noticed a trend – pseudo or cultural attention deficit disorder (ADD), if you will. Email management coach Stuart Snooks describes it as “addiction to the bombardment of information.” And, according to Harvard psychology professors, the impact of today’s communications (email, texts, smart phone notifications) is causing a neurological impact, altering our frontal lobes’ sophistication and shortening on our attention span.3

IABforME.com | PRIMARY

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including Boxer, Mailbox and Sanebox. The apps offer tools for prioritizing and filtering emails, summarizing email contents, customizing notifications based on importance and more. Each one works with nearly all email clients.

CONCLUSION The experts consider email management a “self-management” issue (per InboxDetox’s Egan) and tout the importance of discipline and taking responsibility for our habits (per productivity guru Hurst). And while training ourselves and adjusting our actions are no doubt part of the solution, so are having – and fully utilizing – the right tools … and adopting an agency-wide culture of email sanity.

These are not small changes. Resistance, from coworkers and from ourselves as we break long-held daily routines, is to be expected. But in the end, gaining the upper hand with email is worth the effort. n

Karen Robison, public relations director for Insurance Agents & Brokers, authored this article.

1 Contatta, www.contatta.com/assets/img/infographic/ Feb-2014/cost-of-email.pdf 2 Altassian, atlassian.com/time-wasting-at-work-infographic 3 Robyn Pearce, Entrepreneurs’ Express, Jan. 24, 2013 4 Jeff Weiner, 7 Ways to Manage Email So It Doesn’t Manage You, Aug. 5, 2013 5 EmailCharter.org

THINKING OUTSIDE THE INBOX

6 Cathie Ericson, LearnVest, March 18, 2014 7 David Kelleher, GFI Blog, May 20, 2013 8 Carolyn Gregoire, Immediately Responding to Work Email Is Destroying Your Health, HuffingtonPost.com, Dec. 1, 2014 9 Timothy Stenovec, Here Are 5 Ways to Take Control of Your Inbox and Take Back Your Life, HuffingtonPost.com, Aug. 14, 2013

COMMUNICATING INTERNAL company information to all employees can be a real challenge. This is especially true for larger organizations and those that have multiple locations.

10 Jim Schubert, Our Insurance Agency’s Journey into the Cloud, SouthernStatesInsurance.com

Many organizations use email to send out notices and communications to employees. Unfortunately, this is an inefficient and time-consuming way to let people know what’s going on. What employees don’t need is another email they have to deal with.

PITTSBURGH I-DAY

FRIDAY, APRIL 24TH, 2015

Every employee looks at their screensaver multiple times during the day. Using a desktop screensaver could be a great way to push out information to employees and make sure they actually see it. You could use screensaver messages to promote new content on the organization’s intranet, the status of current business goals, multiple housekeeping reminders, inspirational messages, fun stuff to brighten the office, event reminders, and who knows how many other creative ideas you could come up with.

Tools exist that allow you to push graphic screensavers and/or desktop wallpaper out to individual computers that are connected to the organization’s network.

Three options include:

DeskAlerts (alert-software.com)

SnapComms (snapcomms.com)

Netprsenter (netpresenter.com) Courtesy of Steve Anderson’s TechTips, steveanderson.com/techtips

16

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IABforME.com | PRIMARY

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DISPOSING OF

OFFICE

ELECTRONICS

18

FEBRUARY 2015

Know the drill to protect customers’ data Social security numbers?

Check. MVRs? Check. Credit scores? Check. The nature of our business requires us to work day in and day out with non-public personal financial information, personally identifiable information and consumer reports – information that the government requires us to secure … and that poses an enormous threat if compromised.

IABforME.com | PRIMARY

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SECURITY: PUT IT IN WRITING THE 1999 federal Gramm-Leach-Bliley Act and subsequent state regulations require you to develop a written information security program that addresses:

C

hances are that your staff is conscientious when securing and discarding paper documents. But when it comes to electronic files, what you don’t see can hurt you – especially when it comes time to trash the electronic office equipment that stores those files. On the following pages, we share tips on how to reduce your data breach exposure relative to the disposal of three common culprits – hard drives, smart phones and digital copiers and scanners.

• Your office procedures (“procedural” or “administrative safeguards”), • Your general office security (“physical safeguards”) and • Your computer systems security (“electronic” or “technical safeguards”).

According to the Federal Trade Commission, the computer systems portion of your information security plan should cover the digital copiers and scanners your agency uses.

Not sure where to begin? You’re not alone. That’s why we developed a resource to help you develop a compliant written information security program.

The resource includes a risk assessment questionnaire to self-assess your agency security and identify its strengths and weaknesses. Your responses generate two documents – an information security program record which must be printed and retained in your agency, as well as a list of improvements to consider based on your vulnerabilities.

This information security program resource is a component of a full suite of privacy tools, available on our website exclusively for member agencies. Visit IABforME.com/ privacy. Then select “IA&B’s privacy review” from the statespecific menu. The written information security program resource is step 6 on the seven-step path to compliance.

IABFORME.COM/PRIVACY

When it comes to electronic files, what you don’t see can hurt you – especially when it comes time to trash the electronic office equipment that stores those files.

HARD DRIVES Let’s start at the beginning with the dirty little secret about PCs: When you delete a file on your computer, it’s still there. Unless your PC has an internal solid-state drive (a more expensive and much less common alternative for desktops and laptops), it still operates on a mechanical one with a spinning magnetic platter.1 Deleting a file simply marks it as deleted, but the file can be recovered unless it’s replaced. The FTC explains it like this: When you save a file, especially a large one, it is scattered around the hard drive in bits and pieces. When you open a file, the hard drive gathers the bits and pieces and reconstructs them. When you delete a file, the links to reconstruct the file disappear. But the bits and pieces of the deleted file stay on your computer until they’re overwritten, and they can be retrieved with a data recovery program.7 While there are several options for ridding your hard drive of files when it’s time to part ways with a computer, due to the sensitive nature of the information insurance agencies store, it’s strongly recommended (including by Microsoft) to leave these solutions to an expert.

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FEBRUARY 2015

1. Reinstall your operating system. According to PCWorld, Windows 8 and 8.1 offer a feature for “wiping deleted files and restoring your operating system.” Basically, the computer is reset to restore it to its factory state.1 2. Utilize a disk-wiping tool. The process is designed to overwrite your hard drive’s current data with gobbledygook.

However, it’s worth noting that experts disagree on how many times data must be overwritten to be safe.6 What’s more, plenty of the companies that offer such software also offer data-recovery programs, which begs the question: Just how foolproof are these tools?2 3. Physically destroy the hard drive. It’s not as dramatic as it sounds, and many IT experts recommend it. You could pay to have the hard drive degaussed – or you could take matters into your own hands and drill holes into the platter.2 SMART PHONES Within three days of launching its iPhone 6 and iPhone 6 Plus, Apple reported that it sold over 10 million of them. That’s enough phones for every resident of New York City and Philadelphia … and then some.

IABforME.com | PRIMARY

THE CASE FOR COVERAGE MOST E&O policies don’t cover data breaches … such as those stemming from insufficiently wiped hard drives. To avoid damage to your agency’s finances (think: mandatory notification, forensics, regulatory fines, mitigation services) and reputation, a solid privacy and data breach policy is increasingly critical.

IA&B NOW offers affordable data breach (a.k.a. cyber) liability coverage through plans tailored to meet your needs. Our policies are stand-alone with amended coverage provisions, as opposed to the endorsed CGL and E&O policies that generally leave large gaps in coverage.

IABFORME.COM/DATABREACH

21

Of course, as with every new generation of smart phones, Apple’s latest release spurred an influx of used, later-model devices on the market. And as the line between personal and work use of technology continues to blur, it has never been more important to address data security when used phones are sold.

Standard protocol for wiping files from a smart phone is to perform a factory reset and to remove the SIM card.8 But a recent test by Avast, a security software company, questions the effectiveness of it. The company used data-recovery tools to uncover a significant number of files – 40,000 photos, 750 emails, 250 contacts and even a loan application – on 20 smart phones which had been reset and then sold on eBay.4 (Of note, the phones in question were all Androids; iPhones and iPads are built with hardware encryption which makes data recovery more difficult.)

Note: Removing the hard drive is a task best left to the IT experts. Besides being difficult to find, digital copier hard drives typically include firmware – firmware that if not replaced when the hardware is removed will prevent future use of the machine.5 CONCLUSION It’s a brave new world for insurance agencies, bound by federal law and state regulation and faced with severe financial and reputational consequences for missteps. Minding electronic data and how they snake through our agencies and office equipment are now crucial components to our information security.

But with vigilance, diligence – and a good IT support vendor – we, as risk managers, can handle this latest threat and whatever else technology throws our way. n

Karen Robison, public relations director for Insurance Agents & Brokers, authored this article.

1 Chris Hoffman, Definitely Deleted: How to Guarantee Your Data is Truly Gone before Recycling Old PCs and Drives, PCWorld, May 16, 2014 2 Steve Anderson, How to Properly Dispose of Old Computer Equipment, LinkedIn, Oct. 25, 2012 4 Pete Pachal, Hard Proof That Wiping Your Phone Doesn’t ActuallyDelete Everything, Mashable, July 9, 2014 5 Copier Data Security: A Guide for Businesses, FTC 6 Steve Johnson, Getting Rid of Your Old Computer? Grab a Hammer, San Jose Mercury News, July 29, 2013 7 Disposing of Old Computers, ftc.gov 8 Disposing of Your Mobile Device, ftc.gov 9 Armen Keteyian, Digital Photocopiers Loaded with Secrets, CBS, April 19, 2010

The best advice available? Wipe the files using a factory reset, “then fill all of the phone’s storage with benign data … then wipe it again,” explains data-recovery expert Chris Bross.4 DIGITAL COPIERS Since 2002, nearly every digital copier built contains a hard drive, onto which it stores every document that is copied, scanned or emailed.9 Most of these “smart” copiers include – or at least offer – data security features: encrypting data, overwriting jobs and locking the hard drive.5 All are recommended, but so is recognition of their limitations.

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When your lease is up or you’re ready to sell the copier, it’s vital to secure the hard drive for your safekeeping or destroying.

Otherwise you’re dealing with what CBS News Chief Investigative Reporter Armen Keteyian calls “an office staple [turned] into a digital time-bomb packed with highly personal or sensitive data.”9

22

FEBRUARY 2015

CLASSIFIED

My Events February & March 2015

DATE TOPIC

LOCATION

4

CISR Elements of Risk Management

Pittsburgh, PA

10

CISR Personal Auto

Wilkes-Barre, PA

10-12

Life & Health Licensing Study Course

Mechanicsburg, PA

11

CISR Personal Residential

Bethlehem, PA

17

William T. Hold: Policy Language Surprises

Newark, DE

18

William T. Hold: Policy Language Surprises

Hagerstown, MD

19

William T. Hold: Policy Language Surprises

Pittsburgh, PA

23-26

CIC Commercial Casualty Institute

Harrisburg, PA

24

E&O Risk Managemen

Philadelphia, PA

25

CISR Personal Lines Miscellaneous

Philadelphia, PA

25

Insuring Contractors

Wilkes-Barre, PA

26

CISR Commercial Property

Lancaster, PA

3-5

Property & Casualty Licensing Study Course

Bethlehem, PA

9-10

James K. Ruble Graduate Seminar

Ellicott City, MD

9-12

CIC Commercial Casualty Institute

Erie, PA

11

CISR Elements of Risk Management

Mechanicsburg, PA

18

CISR Agency Operations

Pittsburgh, PA

18

CISR Commercial Casualty II

Reading, PA

24

William T. Hold: Writing Commercial Accounts

Philadelphia, PA

24

Insuring Contractors

Gaithersburg, MD

24-26

Property & Casualty Licensing Study Course

Mechanicsburg, PA

25-28

CIC Commercial Property Institute

Wilmington, DE

MARCH

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

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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, simply fax your ad on company letterhead to 717-795-8347, and we will take care of the rest.

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Preferred Property Program.................................17

TECHNOLOGY UPDATE

EXPENSIFY

TO EASILY MANAGE EXPENSES

By Steve Anderson

24

I

travel a lot, so managing expenses has always been essential.

Up until recently, my system included a physical envelope where I would place receipts for every trip. Once back at my office I would scan those receipts, create an expense report using a desktop application, print the report as a PDF document, and forward that along with an invoice to the client for payment.

That system worked well for a long time. However, earlier this year I transitioned to an online expense management program – Expensify (expensify.com). This expense management platform has significantly reduced the amount of time I spend managing my expenses.

It may help you, too.

There are multiple ways to add receipts and expense information to the platform and a particular report:

• Manually on the Expensify website. The site is mobile responsive, so it works quite well on a tablet device.

You can also drag a scanned image of the receipt onto the website to have it automatically uploaded.

• Using the free mobile app (for iOS and Android platforms), you can take a picture of the receipt and manually add information about the merchant, amount and the particular report it should be assigned to.

• SmartScan provides the ultimate hands-free experience.

You simply take a picture of the receipt or upload the receipt to the website, and the SmartScan process will read the receipt and automatically enter the merchant’s name, transaction date and the transaction amount. Using this information, SmartScan will create a new expense item.

• Directly from bank and credit card accounts.

Expensify offers guaranteed eReceipts for expenses imported directly from a bank or credit card account.

These are full digital replacements of their paper equivalents for purchases under $75 and, as a plus, are accepted by the IRS. • You can also manually add an expense including mileage and time billing expenses on the website and/ or the mobile app and assign them to a specific report.

Once you have added all expenses for a particular trip or event, you can create a PDF file with just a click of a button.

The report has an excellent format that includes all receipt images. I then attach this PDF to an email and forward it to the client for reimbursement.

If you use Evernote, you can link Expensify with your Evernote account. The completed receipt is automatically added to a separate Evernote notebook for long-term storage. You can also add receipts to your Evernote Expensify notebook, and those receipts will be automatically imported into the Evernote platform.

The Individual version of the platform is free. This version is a great way for you to test the platform to see how well it will work for you.

The Team version is $5 per month per active user (an active user is someone who submits at least one expense in that month).

This version also includes an expense approval process.

I now keep track of all my expenses — business and personal — on the Expensify platform. For personal expenses, I simply create a report for each month and take a picture of the receipt and attach it. Once I close that month’s report, it is transferred to my Evernote notebook where I can search for the specific information on the receipt if I need to view it later. n

Steve Anderson, CIC, authored this piece, which originally appeared as one of his TechTips. Steve is an authority on insurance agency technology, productivity and profitability – and a frequent presenter at our annual Executive Management Conference. Check out his free weekly newsletter, “TechTips,” and other resources for the insurance industry at steveanderson.com.

BONUS TIPS FOR ROAD WARRIORS POWERING UP your tablet or laptop away from the office – at a coffee shop, in an airport or even at a customers’ office – can put your data in jeopardy.

Agents Council for Technology offers strategies for keeping information secure when working from the road, including: • Avoiding imposter hotspots • Encrypting hard drive and USB drives • Setting up restrictive firewall rules Read about all eight tips for information security outside of the office at IABforME.com/ technology/8-tips-info-security.

IABforME.com | PRIMARY

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