Primary Agent - January 2013 - PA Edition

PENNSYLVANIA

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Contents PRIMARY AGENT MAGAZINE

What’s in a name? The epidemic of non-producing “producers”

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Many agency owners try to make producers out of employees simply by giving them the title “producer.” Even if these employees are not producing, they are given the title “producer,” and — voila! — they are magically producers! Here, consultant Chris Burand shares his insight on the common agency disconnect among titles, work and compensation.

Page 10

CISR Program receives a facelift The CISR Program rings in the new year with a new format. Expanded course offerings now allow participants to customize the designation to meet their needs.

Page 16

Mission Statement Primary Agent delivers ideas to help Insurance Agents & Brokers’ members negotiate their unique position as guardians of trust between insurance consumers and companies while facing the challenges of maintaining a small business. Primary Agent also supports IA&B’s mission to preserve and advocate the American Agency System.

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Chair of the Board’s Message Member FAQ State News Preventing E&O Coverage Corner IA&B Partners

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Address inquiries to: Primary Agent Editor 5050 Ritter Road Mechanicsburg, PA 17055-0763 Phone (800) 998-9644 or (717) 795-9100 Fax (717) 795-8347 Periodical postage paid at Mechanicsburg, Pa. and additional entry post office. Ride-along enclosed.

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Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2013-1 is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

Copyright 2013. 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 is 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 and 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 the 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.

Board of Directors

Norman F. Basso, CPCU

Officers

Chair of the Board’s

Norman F. Basso, CPCU Chair of the Board York, Pa. G. Greg Gunn, CIC Vice Chair of the Board Lemoyne, Pa.

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Robert B. Hall, CPCU, CLU, ChFC, ARM, ARM-P Immediate Past Chair of the Board West Chester, Pa.

Big-picture resolutions

Members Joyce M. Bailey, CIC, CRM, CPIW Newark, Del. Henry “Butch” Bradley, Jr. Forest Hill, Md.

Happy New Year! And welcome to the month of resolutions — a time to make (and all too often to break) promises to ourselves.

But this year will be different, right?

This January I invite you to look at the bigger picture. To think beyond salads and StairMasters, calorie counts and pedometer readings. To make resolutions that benefit more than your waistline. In 2013, I encourage you to resolve to improve your agency’s bottom line.

Timothy P. Burris Mifflintown, Pa. N. Lee Dotson, CIC, AAI Wilmington, Del. Michael P. Ertel Columbia, Md.

The market is firming, and, as of the writing of this column, the economy is rebounding (albeit slowly). So there is no time like the present to put your house in order and reap the benefits of both.

John L. Frankenfield Telford, Pa. John B. Hollister Milford, Pa. Diana M. Hornung Hanby, ACSR Wilmington, Del. Jocelyn R. Howard-Sinopoli, CIC, CISR Butler, Pa. +

Robert S. Klinger, LUTCF, CPIA Germantown, Md. Douglas A. Loesel, CPCU Erie, Pa. Michael F. McGroarty Sr. Pittsburgh, Pa. Craig S. Mader Gambrills, Md. Ann Gallen Moll, CIC Reading, Pa.

Agency management is a great place to start. This month’s feature article on page 10 holds up a mirror to employees’ job titles, duties and compensation discrepancies and forces agency principals to re-evaluate their decisions. No one said that stepping back and removing the rose-tinted glasses would be easy. But the payoffs for recognizing mismanagement and making changes are great.

Of course there’s more where this advice came from. Look to IA&B’s rapidly expanding online resource library, award-winning professional training, and future issues of Primary Agent magazine for additional knowledge and resources to support your resolution.

Until next month,

April E. Ressler, CIC Altoona, Pa. Scott C. Rogers, CPIA* York, Pa.

Norm Basso

David B. Wasson Sr., CIC State College, Pa. Lawrence A. Wilson, CIC, CPIA, CPCU, ARM** New Castle, Del.

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

Driving members to distinction.

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Member FAQ QUESTION: Are we, as producers, required to notify our clients of the compensation we receive from carriers? I’ve heard New York requires it. What if a customer specifically asks us how much we’re making?

ANSWER:

affect you, directly or indirectly: directly, if your agency agreement specifically refers to the settlement, or requires you to disclose your compensation upon request; indirectly if the disclosure directs the customer to contact you if he or she has additional questions about your compensation.

The short answer to your question is “No, but….” For the full answer, it’s probably best to start with New York.

The state of New York did enact a requirement (effective Jan. 1, 2011) to disclose all compensation received by insurance producers for transactions conducted with New York residents. This came in the aftermath of the bidrigging scandals of 2005. In addition to the black eye to the industry, and the various individual settlements negotiated by carriers and brokers involved in the scandal, pressure from regulators became substantial, and Regulation 194 eventually passed … causing much controversy within the insurance producer community.

For more information on the requirement which applies to non-resident producers doing business in New York, IA&B has resources on the regulation available at www.iabgroup.com (log on and go to Industry & Legal, then Industry Affairs).

Finally, irrespective of any contractual duty, you may have to contemplate whether you are willing to deny a client the answer to his or her question …whether your client has received notification from the carrier or is simply wondering how much you are making. Most members who have been faced with this inquiry have been more than willing to oblige, feeling that transparency was necessary. Those members were generally vindicated when the customer was surprised by how little the compensation was. On rare occasions, the question could hide an ulterior motive, such as an attempt to drive the producer’s compensation down through negotiation. If you feel this might be the case, remind your customer that anti-rebating laws preclude any kind of discount on an insurance policy. If this is the direction your conversation is taking, IA&B has information on applicable rebating and inducement prohibitions as well.

None of our three states of Delaware, Maryland and Pennsylvania have enacted similar regulations. No legislation has been passed either. IA&B’s focus when discussing the issue with our respective insurance regulators is that an entire law-abiding segment of the insurance community should not be adversely affected by the bad actions of a few.

If nothing passed in our three states, why should you care? Well, absent a law or regulation placing a requirement on producers, there still could be a contractual duty. As indicated above, as part of the settlement agreements, some carriers had to agree to disclose the compensation offered to its producers. If appointed with those carriers, the requirement could

DO YOU HAVE A QUESTION? Email it to us at iab@iabgroup.com. Please use “Primary Agent FAQ” in the subject line of your message. You can also fax your question to 717-795-8347. We look forward to answering your questions!

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State News Primary Agent | January 2013

2013 legislative preview Pennsylvania’s General Assembly convenes in Harrisburg as mandated by the state Constitution on Wednesday, Jan. 2. Both the House and Senate begin their regular voting session on Jan. 22 for what promises to be a busy year with many new faces in the Capitol. The new year also brings with it a full legislative agenda for IA&B, including: w Certificates of insurance – IA&B plans to renew its push for certificates legislation this session and will meet with stakeholders and legislators on the issue. w Minimum limits – Government affairs staff continues to investigate potential for increasing the state’s minimum auto insurance limits and remains in contact with the trial bar, carrier groups and Insurance Department to examine all sides of this subject. w State health exchange – At the end of 2012, the Pennsylvania Insurance Department and the General Assembly failed to meet the deadlines for a state-run health exchange per the federal health care law. Although many questions remain unanswered about what a health exchange in Pennsylvania will look like moving forward, IA&B will continue to advocate for the role of agents and brokers as the exchange takes shape.

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w WC coverage for firefighters – Last legislative session a bill was passed that enables volunteer firefighters to collect benefits if they develop cancer after being exposed to carcinogens at fire scenes.

Municipalities across the state have been hit hard with these increased workers’ compensation costs, and some insurers have left this particular market altogether. IA&B will monitor the situation. w Perennial issues – IA&B plans for the annual legislative attacks on insurance agents from the legislature, including bills relating to credit scoring, increased notices and the promulgation of limited lines licenses, among others. IA&B also will advocate on behalf of other general pro-agent legislation, such as reducing various tax rates in the state and efforts to address insurance fraud.

IA&B plans to meet with all newly elected representatives and senators in the first few weeks of the legislative session in order to welcome them to Harrisburg and brief them on the association and its legislative goals.

Members can track IA&B’s legislative work in Agent Headlines and Capitol Connection newsletters, as well as on the association’s online Political Action Center, throughout the session.

Amended surplus lines form in use as of Jan. 1 Members spoke, IA&B listened, and the Insurance Department delivered.

Effective Jan. 1, insurance producers no longer need to list the three carriers who declined the risk on the 1609-PR affidavit before placing a risk in the surplus lines market. (Seeking and documenting the three declinations is still required.)

Based on consistent feedback during Member Agent Panel meetings, IA&B for some time discussed the issue with the Insurance Department and conveyed members’ dissatisfaction with the “diligent search” and overall antiquated surplus lines process. In September, the Insurance Department agreed to revise the 1609-PR form.

While the development maintains the requirement to seek three declinations due to statutory restrictions, it is a step in the right direction.

The association will continue discussions with the Insurance Department on other possible improvements to the process. In the meantime, members can access amended resources on how to submit compliant placements, as well as the revised form, by visiting the IA&B website.

Professional Employer Designation Act effective Jan. 1 The early July barrage of signed legislation included the Professional Employer Designation Act. The law, which took effect Jan. 1, is intended to regulate professional employer organizations (PEO) in the commonwealth. It applies to people engaged in the business of providing professional employer services through a PEO and outlines duties and agreements regarding taxation and benefits, including workers’ compensation coverage.

The Pennsylvania Compensation Rating Bureau (PCRB) last fall submitted revisions to the Basic Manual in response to the new law. The filing adopts a new rule in Section 1, as well as three endorsements.

More information is available on the PCRB website (www.pcrb.com) by selecting “Filings.”

NCOIL passes certificates model law The prospect of legislation on certificates is inching forward. The National Conference of Insurance Legislators (NCOIL) recently passed a model law to address the rampant misuse of insurance certificates, due to third parties demanding certificates that do not properly reflect the coverage in place.

The model act prohibits: w The request for issuance of a certificate that has not been filed with insurance regulators or one that does not accurately reflect the underlying policy. w The use of a certificate to warrant that a policy complies with the insurance or indemnification requirements of a contract.

While a model law is not enforceable, it is a significant indicator to state legislators that the vetting process has already occurred, the model has been crafted and a consensus has been reached taking into consideration affected stakeholders. IA&B will continue its efforts for passage of a Pennsylvania bill based on the model.

www.iabgroup.com/pa/ surplus_lines

WELCOME

New Members

Mercury Insurance Agency LLC Norristown, Pa.

Marthinsen & Salvitti Insurance Group Inc Washington, Pa.

Hunt Insurance Services Inc Mars, Pa.

Jeffrey A Delp Insurance Services Inc Feasterville, Pa.

William R Urban & Associates Inc Fallsington, Pa.

New Castle Insurance Doylestown, Pa.

Ian D Webb Insurance Agency Inc Allentown, Pa.

Insurance Solutions Concept Inc Morrisville, Pa.

Lighthouse Commercial Insurance Inc Havertown, Pa.

Spectrum Insurances Service Inc Mars, Pa. [5]

Preventing Primary Agent | January 2013

ERRORS AND OMISSIONS

ENHANCING SALES SKILLS A GREAT E&O LOSS-PREVENTION TECHNIQUE CURTIS M. PEARSALL CPCU, AIAF, CPIA Curtis M. Pearsall, CPCU, AIAF, CPIA, president of Pearsall Associates Inc. and special consultant to the Utica National E&O Program, supplied this article.

Insurance Agents & Brokers Service Group Inc. 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@iabgroup.com.

replacement cost, blanket or agreed amount, etc.

Is your agency looking to meet the competition head on? Providing producers and CSRs with quality sales training is a practical option that can bear positive results.

There’s a by-product of this sales training, too: enhanced E&O loss-prevention efforts.

Ironically, or magically, there is a strong connection between solid sales skills and E&O loss prevention.

Because most commercial policies will be written on a co-insurance basis, the agency should provide a definition of this concept with some claim examples. This

Ask your CSRs and producers what types of questions customers are asking them, and then develop an education campaign around those issues.

A significant aspect of sales training involves education – of agency producers, CSRs and customers. As an agency educates customers on key definitions, the customers should better understand what coverages provide and what they don’t.

Take, for example, the concept of insurance to value. For a business customer to truly appreciate and understand why properly insuring property is so important, the agency should supply definitions of related insurance terms such as actual cash value or

can clearly illustrate how failing to satisfy the coinsurance requirement could cause the customer some financial consequences.

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What else has customer education accomplished? If a customer suffers a property loss (and a subsequent coinsurance penalty due to their lack of insuring their property to value), they might be hard-pressed to successfully bring an E&O action against the agency – because the important terms and how they applied to losses were brought to the customer’s attention beforehand.

Strengthened defense In personal lines, how many agency customers who own jewelry understand that the mysterious disappearance of the jewelry is not covered by the homeowners’ policy? If the agency wrote to all of its personal lines customers to advise them of this coverage issue, without a doubt some customers would purchase a jewelry floater. The result?

Increased sales!

Suppose, though, that no customers purchased the floater. Has this customer

communication been a waste of time?

Not at all! The letter advising the customer of the coverage differences would certainly strengthen the agent’s defense if a problem developed down the road. While you could wait until after a customer has a claim to advise them of this issue, the conversation will probably go much smoother before a loss.

A proactive position A recent insurance survey indicated that less than 50 percent of renters actually have the proper liability or property coverage. The survey further noted that many of the renters believe their landlord’s insurance covers their personal belongings.

With the average renter in the survey having approximately $30,000 of personal belongings, a fire could certainly be catastrophic for those without the proper coverage in place.

An agency that takes a proactive position in reaching out to this segment of the market could benefit from increased sales while minimizing the likelihood of facing an E&O claim.

The opportunities are virtually endless. At your next staff meeting, ask your CSRs and producers what types of questions customers are asking them, and then develop an education campaign around those issues.

Be an agency that educates its customers. By doing so, you will be providing important value to your prospects and customers, which should result in new business sales and high retention.

Popular ways to educate customers include: w Annual account reviews w Newsletters w Social media postings

w Proposals that include definitions of key insurance terms w Looking for cross-selling opportunities every time you interact with a customer A “silver bullet” An exposure analysis checklist is another effective sales tool that has positive sales impact. What’s more, this tool has been called the closest thing to a “silver bullet” to prevent E&O claims.

A significant part of a producer’s role is to determine the needs and expectations of his or her prospects and clients. Said another way, the goal is to help the client/prospect conserve assets and reduce the adverse effects of risk. Exposureanalysis checklists, such as the Rough Notes Producer Online product or the Vertafore Producer Plus product, should be in every salesperson’s toolbox.

These checklists offer a tremendous amount of information on more than 650 different classes of business and the various lines of business pertinent for that class. The detail within these checklists is remarkable and they greatly enhance an agent’s knowledge of the specific class of business. In addition, checklists give details regarding the exposures a particular type of business presents.

Checklists also include questionnaires detailing the crucial questions to ask that will ensure a solid understanding of the customer’s exposures.

Including these questionnaires with the carrier submission helps the underwriter better understand the risk. Providing your carriers with full and

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Adding a “silver bullet” to your arsenal IA&B members enjoy discounted access to Rough Notes Producer Online, which includes the exposure-analysis checklists that the author touts.

Del.: www.iabgroup.com/ de/rough_notes Md.: www.iabgroup.com/ md/rough_notes Pa.: www.iabgroup.com/ pa/rough_notes

unbiased information is a great means to avoid future E&O issues.

Agencies that are truly serious about growing should take the initiative to educate customers and sharpen the sales skills of the staff, both internal account executives and outside producers. By combining education and sales training, your agency can benefit from increased sales and significantly reduce the potential of an E&O claim. At the end of the day, sales skills and E&O loss prevention is truly a match made in heaven.

Coverage Primary Agent | Janaury 2013

CORNER

EMPLOYEE OR INDEPENDENT CONTRACTOR: IT DOESN’T MAKE MUCH DIFFERENCE IN PA.

JERRY M. MILTON, CIC Jerry M. Milton, CIC teaches and consults on industry issues. The legal profession recognizes him as an expert on insurance coverages. He is also the education consultant for IA&B, working with CISR,

independent contractors, such as Garcia, to provide transportation services. Six L’s thus took the position that it was not the claimant’s employer. The claimant asserted that Six L’s was the statutory employer per Section 302 of The Workers Compensation Act (“WCA”).

Section 302(a) of the WCA states:

Six L’s Packing Company, Inc. (now Lipman Produce) grows, harvests, processes and distributes tomatoes and other produce. In April 2002, Six L’s contracted with F. Garcia & Sons to transport tomatoes between a warehouse in Shickshinny, Pa. and a processing facility in Crisfield, Md.

CIC and continuing education programs.

A truck driver, an employee of Garcia, was injured in a vehicle accident on a Pennsylvania highway while transporting the tomatoes between the above locations. The truck driver (“claimant”) filed claims against Garcia and Six L’s, and it was discovered that Garcia did not maintain workers’ compensation insurance.

A contractor who subcontracts all or any part of a contract and his insurer shall be liable for the payment of compensation to the employees of the subcontractor unless the subcontractor primarily liable for the payment of such compensation has secured its payment as provided for in this act.

In the proceedings against them before a workers’ compensation judge, brought by the claimant, Six L’s testified that it did not own any trucks or employ drivers, but utilized

Six L’s asserted that Section 302 liability on the part of an entity may be established only where the claimant proves the following five elements set forth in a 1930 Pennsylvania case,

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McDonald v. Levinson Steel Company: 1. The entity is under contract with an owner or one in position of an owner; 2. The entity occupies or is in control of the premises where the injury occurred; 3. The entity entered into a subcontract; 4. The entity entrusted a part of its regular business to the subcontractor; and 5. The injured party is an employee of such contractor.

Six L’s argued that McDonald was not satisfied, since the claimant was injured on a public highway and not on premises occupied or controlled by Six L’s.

However, the workers’ compensation judge ruled that the McDonald test was met and found Six L’s liable

for payment of workers’ compensation benefits to the claimant.

The Workers Compensation Appeals Board (WCAB) affirmed the workers’ compensation judge’s decision, although, since the claimant’s injury occurred off premises, the WCAB did not agree that the McDonald test was met. Instead, the WCAB relied on Section 203 of the WCA which states:

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An employer who permits the entry upon premises occupied by him or under his control of a laborer or an assistant hired by an employee or contractor, for the performance upon such premises of a part of the employer’s regular business entrusted to such employee or contractor, shall be liable to such laborer or assistant in the same manner and to the same extent as to his own employee.

This case moved through the Pennsylvania courts, and on May 29, 2012 the Pennsylvania Supreme Court Affirmed the Commonwealth Court’s decision that Six L’s was the statutory employer of the claimant.

Get the complete Six L’s scoop Learn more about the highly publicized case by reading IA&B’s legal brief online.

Employees of contractors or subcontractors: You don’t hire them and you don’t control them, but in Pennsylvania you could become their employer for workers’ compensation benefits.

www.iabgroup.com/ pa/sixl_wcab

Uninsured contractors and subcontractors: If you use them, it will cost you!

Y’all take care!

Editor’s note: All agents, including nonresidents, with Pennsylvania-based customers should take note of the Six L’s Packing Company, et al., v. Workers’ Compensation Appeals Board decision.

Beyond Pennsylvania, the treatment of independent contractors is an issue nationwide and continues to evolve with case law. While the applicability varies on a case-by-case basis, employers and their agents should not overlook the concept of statutory employer, which is generally built into the state’s workers’ compensation statute.

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AGENCY MANAGEMENT

What’s in a name?

Exposing the epidemic of non-producing “producers”

Chris Burand spoke about agency valuations and producer compensation at IA&B’s 2012 Executive Management Conference.

Here, the respected consultant shares his insight on the common agency disconnect among titles, work and compensation.

Primary Agent | January 2013

C

heech and Chong had a funny comedy routine built around the concept, “If it looks like s%!#, if it smells like s%!#, it’s got to be s%!#.” A similar sentiment is conveyed by the modern version of an 18th century expression: “You can put lipstick on a pig, but it’s still a pig.”

And like putting lipstick on a pig, many agency owners try to make producers out of employees simply by giving them the title “producer.” Even if these employees are not producing, they are given the title “producer,” and – voila! – they are magically producers!

Excuses, excuses, excuses Once that title has been bestowed, agency owners will often go to great lengths to rationalize their producers’ lack of success.

In some agencies, the rationalization is so obvious it reminds me of Garrison Keillor’s Lake Wobegon sign-off where all the children are above average (which is an obvious impossibility).

It’s as if once the title is given, the owners have to convince themselves their producers are successful. Agency owners will rely on conversations they’ve had with people who know nothing about the situation, and they will use the wrong benchmarks to prove their producers are above average. If the situation is really bad, they start giving their producers call-in and walk-in business. Then they give their producers business their customer service representatives (CSRs) can handle on their own. Then they give them house business. Then they give them personal lines books.

When agency owners start giving their producers the CSRs’ business, they’ll often rationalize it as, “It’ll free up time for the CSRs.” For what? To service more new business the producers are not producing? When agency owners start giving them their own business, they’ll rationalize it as, “It’ll free up more of my time.” To do what? Rarely have I seen 55- to 65-year-old agency owners give away chunks of their book and then replace it with all new sales. It happens, but rarely. Or another rationalization is, “They just need more experience working with clients.” What have they been doing the last 10 years?

One title does not fit all I’ve also found it interesting how many of these same agency owners want their agencies valued high, like a highperformance agency. But high-performance agencies have producers who can sell. Rather than hiding behind a false title, doesn’t it make more sense to manage people better? Doesn’t it make more sense to give people appropriate titles? This means giving the title “producer” only to people who do produce.

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Not all producers are created equal, and the differences are great, not small.

AGENCY MANAGEMENT

A problem with a generic title is it carries expectations and cost.

No agency is going to achieve true success until the owners recognize and accept reality. If their producers cannot produce, they should not be producers.

Even if the agency cannot find anyone who can produce, very often the better solution is to leave the position open. A huge number of agency owners though will never accept reality, so the opportunities for those who do get this point are great. For those willing to try, a good place to begin is by recognizing and accepting that not all producers are created equal, and the differences are great, not small.

3. Agencies have de facto fixed costs to cover and producers have to generate enough of their own sales to cover those costs.

Agency owners that get this … do not give the same title to employees based on what they should do, but based on what they actually achieve.

Money talks Next, recognize and accept that people with very different talents and skill sets should have different titles and pay scales.

Let’s get past political correctness and deal with reality. Just because that’s the way it has always been is not a legitimate reason for not changing things going forward. The fact that producers may be paid commission rather than salary is no excuse either because it ignores the following realities: 1. Many producers, especially poor producers, are paid a salary whether the agency calls it that or not.

2. Many producers, especially poor producers, are given business upon which they earn commissions.

A first string quarterback makes more than a second string quarterback. This fact does not mean the backup quarterback is not important, just not as important. So why pay producers as if they all have the same importance to the agency? Why give a $100,000 producer the same title as a $1,000,000 producer? Why give them the same perks? Are you afraid of hurting their egos? How much is this worth to you?

Success stories The agencies that get this are doing much better in this economy than those that do not.

The agency owners that understand this reality have historically saved enough money (by not wasting it on producers who cannot produce) so they can

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afford to continue to hire people who can produce. Their morale is higher because everyone in the agency is contributing and their higher morale contributes further to their success. Even when a producer who cannot produce tries hard to produce, morale is still injured because everyone sees the person is in the wrong position. This employee can only come into work with a great attitude for so long.

This does not mean a producer who can’t produce is not valuable as a servicing producer or account manager. (Do not let any biases cause you to make the wrong decision just because the “producer” is male.) An agency can be successful with just servicing producers, but the model and cost structure must change.

Agency owners that get this have defined clearly what a producer is in their agencies. They do not give the same title to employees based on what they should do, but based on what they actually achieve. To me, a producer produces at least $300,000 of his or her own commissions. It is inappropriate to call an experienced person who produces less than this a producer. Such a distinction pays huge dividends, including the ability to attract better people to the agency. Who wants to go to work at an agency where the future is limited because the producers can’t produce? It is so much more fun to work on a winning team.

Primary Agent | January 2013

Title your people with appropriate titles. Don’t let wishful thinking get in the way.

Manage reality, and success will follow. _________________________________

Chris Burand is president of Burand & Associates, LLC, an insurance agency consulting firm. Readers may contact Chris at 719-485-3868 or chris@burand-associates.com.

NOTE: None of the materials in this article should be construed as offering legal advice, and the specific advice of legal counsel is recommended before acting on any matter discussed in this article. Regulated individuals/entities should also ensure that they comply with all applicable laws, rules and regulations.

Producer Agreement Toolkit Producer agreements are good business practice, but they often fall by the wayside. Member agency owners can learn their rights under common and contract law by accessing IA&B’s Producer Agreement Toolkit.

Topics include: w Trade secrets, restrictive covenants and compensating plans w Damage assessment w Employee versus independent contractor classifications w Sample agreements www.iabgroup.com/patoolkit

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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.

MMG is honored to have recently received the following awards: 2012 #2 Performing Company in Personal Lines Insurance Agents & Brokers of PA 2011—2012 Company of the Year Maine Insurance Agents Association 2012 #4 Performing Company Professional Insurance Agents of NH 2012 Interface Partner Award Applied Systems 2010 Top 5 Nationwide for Ease of Doing Business Deep Customer Connections

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 www.iabgroup.com to get started.

PLATINUM LEVEL

BRONZE LEVEL

ACUITY Berkley Mid-Atlantic Group Donegal Insurance Group Erie Insurance Group Harleysville Insurance HM Insurance Group Insurance Agents & Brokers Service Group Inc

Aegis Security Insurance Co

MMG Insurance Company Millers Mutual Group Millville Mutual Insurance Co Mutual Benefit Group Ohio Casualty Penn National Insurance Selective Swiss Re The Main Street America Group Utica National Insurance Group

Encompass Insurance

GOLD LEVEL

Lebanon Valley Insurance Company

Progressive Westfield Insurance

Merchants Insurance Group

Agency Insurance Company AmWINS Program Underwriters Inc Auto-Owners Insurance Company Briar Creek Mutual Insurance Company Builders Insurance Group Chubb Group of Insurance Companies Countryway Insurance Company First General Services Foremost Insurance Group Goodville Mutual Casualty Company Guard Insurance Group Harford Mutual Insurance Co Hanover Fire & Casualty Insurance Company Insurance Alliance of Central PA Inc Insurance House Insurance Placement Facility of PA Keystone Insurers Group Inc Mercer Insurance Group Mercury Casualty Penn PRIME Municipal Insurance

SILVER LEVEL Access Insurance Company Allied Insurance American Mining Insurance Co Cumberland Insurance Group Frederick Mutual Insurance Co Juniata Mutual Insurance Co PSBA Insurance Trust The Philadelphia Contributionship

Reamstown Mutual Insurance Company Rockwood Casualty Insurance State Auto Mutual Insurance Company TAPCO Underwriters Inc The Brethren Mutual Insurance Company The Motorists Insurance Group The Mutual Service Office Inc Travelers Tuscarora Wayne Insurance Company Zenith Insurance Primary Agent January 2013

EDUCATION

CISR Program receives a facelift New year, new look for the designation

The CISR Program rings in the new year with a new format.

Expanded course offerings now allow participants to customize the designation to meet their needs.

Primary Agent | January 2013

TT

wenty-five years ago a gallon of gas set you back about a buck. Television remote controls were newfangled things. Most of us had never seen a mobile phone. And in an insurance agency, the role of a customer service representative was tried, true and standard nationwide.

Flash forward to today when we live in a vastly different world.

And those changes — economical, technological and social — have impacted insurance agency operations in ways that a late ‘80s, shoulder-pad-wearing CISR never could have imagined.

Designation crib sheet Certified Insurance Counselor (CIC) The program consists of five institutes that focus on hands-on, practical application of insurance principles. Designation is intended for agency owners, agents and brokers.

What’s changed In 1988 the Certified Insurance Service Representative (CISR) Program first came to the state, where the designation caught on quickly.

As the years passed, the traditional customer service representative role evolved, and today the duties associated with it are diverse. The National Alliance, which administers the CISR Program, recognized that shift and adjusted its program to better meet agency personnel’s changing educational needs.

As of January 2013, the CISR Program upped its course offerings from five to nine: three in commercial lines, three in personal lines and three on related topics. Participants choose five, which allows them to specialize in a certain area or mix and match courses to meet their professional or personal goals.

What hasn’t changed The CISR program remains a practical program open to all agency employees (not to mention those working for insurance companies and other related businesses). Participants take away increased knowledge of essential coverages and improved cross-selling ability.

As before, CISR designation requires attendance at five courses and passing the exam for each within three calendar years. An annual update is necessary, but attendance at a variety of courses — any CISR, William T. Hold, Dynamics of Service, CIC or CRM seminar — meets the criteria.

Where to begin In 2013 IA&B will offer eight of the nine courses at locations throughout Delaware, Maryland and Pennsylvania. The final option, the Life & Health Essentials course, is available online. Complete descriptions, location/date options and registration are available at www.iabgroup.com/CISR. Course summaries follow.

[ 17 ]

Certified Insurance Service Representative (CISR) The completion of five, one-day courses and corresponding exams are necessary for designation. Topics vary, but the consistent goal is greater understanding of risks, coverages and exposures. The program is ideal for customer service representatives and newer agents.

Certified Professional Insurance Agent (CPIA) The program is designed for producers and sales support staff. Participants attend three, one-day seminars and leave with a guaranteed 20 percent increase in personal production within six months.

EDUCATION

Commercial Casualty I This course improves understanding of legal liability and what creates liability exposures. The focus is the Commercial General Liability Coverage Form, but additional insured exposures and coverages are addressed.

Commercial Casualty II Participants strengthen their ability to have productive, assured interactions with commercial customers in the area of commercial casualty exposures and coverages. Focuses are the Business Auto Policy, Workers’ Compensation Policy and Excess Liability policies.

Insuring Commercial Property This course improves crossselling abilities and reduces E&O exposures by providing up-to-date knowledge of commercial property.

Insuring Personal Auto Exposures

Agency Operations Attendees leave this course with self-assurance and a greater understanding of the dynamics within insurance organizations.

Attendees learn to assist clients in identifying their exposures and to more effectively advise them in analyzing, obtaining and modifying their personal automobile policies.

Elements of Risk Management This course covers the steps involved in protecting an organization’s assets, mission and brand and looks at insurance as an integral part of risk management.

Insuring Personal Residential Property This course provides the expertise needed to guide customers through the often complex and confusing process of purchasing homeowners’ insurance.

Life & Health Essentials Participants learn what clients need to know about life and health insurance and how to answer questions and analyze the need for and placement of policies.

Personal Lines Miscellaneous Participants learn how to design and cross-sell the appropriate coverages for watercraft, RVs and business activities that have limited coverage under the ISO Homeowners’ and Personal Auto Programs. The course also provides analysis of Personal Umbrella and Excess Liability policies.

Course

Del.

Md.

Pa.

Commercial Casualty I

8*

8*

8

Commercial Casualty II

8*

8*

8

Insuring Commercial Property

8 GEN

8 PC

8

Insuring Personal Auto Exposures

8 GEN

8 PC

8

Insuring Personal Res. Property

7 GEN, 1 ETH

8 PC

8

Personal Lines Miscellaneous

8*

8*

8*

Agency Operations

7 GEN, 1 ETH**

7 PC/LH, 1 ETH**

8**

Elements of Risk Management

8*

8*

8*

* Pending approval from state insurance departments as this issue of Primary Agent went to print ** Approved for loss-control credit for Utica policyholders [ 18 ]

Glance at Events JANUARY & FEBRUARY CALENDAR

Date

Topic

Location

January 15

CISR Agency Operations

Mechanicsburg, Pa.

16

William T. Hold: Learning From Losses

Reading, Pa.

DAIAB Meeting

Newark, Del.

17

William T. Hold: Learning From Losses

Philadelphia, Pa.

23

CISR Personal Auto

Pittsburgh, Pa.

29

CISR Personal Auto

York, Pa.

30

CISR Personal Auto

Lehigh Valley, Pa.

31

CISR Personal Auto

Wilkes-Barre, Pa.

CISR Agency Operations

Erie, Pa.

E&O Risk Management Seminar

Philadelphia, Pa.

12-14

P&C Licensing Study Course

Mechanicsburg, Pa.

13

CISR Personal Auto

Philadelphia, Pa.

William T. Hold: Learning From Losses

Pittsburgh, Pa.

CISR Agency Operations

Altoona, Pa.

CISR Personal Auto

Reading, Pa.

19

CISR Personal Auto

Dover, Del.

20

CISR Personal Auto

Baltimore, Md.

20-23

CIC Personal Lines

Harrisburg, Pa.

21

CISR Personal Auto

Mechanicsburg, Pa.

27

William T. Hold: Learning From Losses

Salisbury, Md.

February 12

14

[ 19 ]

H.R.

Primary Agent | January 2013

HEADQUARTERS

SOCIAL MEDIA POLICIES AND THE NLRB

JEFFREY W GERHART CEBS, MBA Jeffrey W. Gerhart, CEBS, MBA, provided this article on behalf of Mosteller & Associates, IA&B’s contracted human resources consulting firm.

IA&B members have access to HR Solution©, a compilation of products and services to help them establish or improve their human resources program.

Included are base-level consultation services and discounted professional services from Mosteller & Associates.

Learn more at www.iabgroup.com/hr.

With the widening use of electronic media, I have heard there is increased concern by employers that individuals are less discrete in the kinds of information shared on the internet through email, blogs, Twitter, Facebook and YouTube, to name a few. As an agency owner or office manager, you are well aware that what gets mentioned or shown in social media about your agency can have a positive or negative affect on consumer confidence. This can impact your services as well as your office environment.

But did you know that terminations of employees for violating your social media policies may be subject to action by the National Labor Relations Board (NLRB)? The NLRB enforces the National Labor Relations Act (NLRA) which covers most employees, whether or not a collective bargaining unit (union) is involved. The NLRA

protects employees who engage in concerted activity, among two or more employees, which is their right to discuss wages and conditions of employment amongst themselves.

Terminations of employees for violating your social media policies may be subject to action by the National Labor Relations Board.

Over the past year, the NLRB has issued guidance on social media policies by reviewing some 75 cases and determining what was lawful or unlawful about employer policies and resultant terminations. The board is

[ 20 ]

addressing what it perceives to be “overly broad” policies that may lead employees to feel their ability to discuss employment issues is discouraged or suppressed.

There are two main points about policies addressed in the Jan. 25, 2012 Acting General Counsel’s second social media report, available on the NLRB website: w “Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.” w “An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.”

If you are adding or revising a social media policy, consider the following tips in your analysis. (These tips are a summary of a model policy attached to the May 30, 2012 Report of the Acting General Counsel Concerning Social Media Cases, pages 22-24, on the NLRB website. This policy gives lawful governance on social media without restricting employees’ rights to protected concerted activity.) w Clearly define what social media is. w Remind employees they are ultimately responsible for content and how their actions may affect themselves and others.

w Remind employees to be respectful. Avoid postings that could be viewed as malicious, obscene, bullying. w Remind employees to be honest and accurate when posting. Never knowingly post anything false. Correct errors immediately. w Maintain private or confidential information. Do not post internal reports, policies, procedures or other internal business confidential communications. w Respect financial disclosure laws. w Express only your personal opinion, and make clear you do not represent the views of the agency.

w Talk about the values and rules that govern your policies.

Link them to specific policies where you can (statement of ethics, information handling, discrimination and harassment prevention).

Sample social media policy Agents Council for Technology offers a series of resources on agency’s use of social media, including a sample social media policy. Visit the ACT website and select the “Websites & Social Media” quick link. www.iiaba.net/ACT

w Consider restricting access to social media while on work time or from company owned computers or equipment unless authorized to do so. w Identify who should speak to the media on behalf of the employer, and direct any inquiries to that person (or department).

Treat your employees

fairly and consistently…. If your

While having a social media policy may be a good practice, your practice improves when you treat your employees fairly and consistently.

Address their concerns or questions quickly and as impartially as you can.

You have the ability to set a positive tone for your agency, and employees return that feeling of trust and goodwill to you and your customers.

If your employees are going to post things about your agency, let it be about what a great place it is to work and build a career.

employees are going to post things about your agency, let it be about what a great place it is to work and build a career.

w Describe what are inappropriate postings (harassment, threats of violence) and the consequences of doing so.

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[ 21 ]

Primary Agent | January 2013

Technology U P DATE

BUILDING ENGAGEMENT AND REACH ON FACEBOOK

KEVIN AMENT Kevin Ament (John_K_Ament@progressive.com), agency marketing manager at Progressive Insurance, prepared this article for ACT.

At Facebook’s first-ever Marketing Conference in February 2012, the company released a startling number that quickly found its way into social media consultants’ Twitter streams and new business pitch decks: 84 percent of business page fans do not see the page’s posts in their Facebook news feeds.

For agencies that are exploring social media’s potential (and asking tough questions about ROI), this number is alarming. Why should resource-strapped agents put energy into creating Facebook content when so few of their hard-earned fans are seeing the final product?

It’s a fair question, but before you shutter your Facebook page, you should understand what’s behind this number, and what you can do about it. With a few simple changes to [ 22 ]

your posts, you’ll be reaching more fans and building more engagement with minimal effort.

Why it happens Just as Google uses an algorithm to pull the most relevant web content to the top of your search results list, Facebook uses an algorithm called EdgeRank to choose which status updates to display in your fans’ news feeds. The more friends they have and business pages they “like,” the more posts are competing for limited space. EdgeRank filters out all but the most relevant, and business page posts often don’t make the cut.

So which posts does EdgeRank usher through, and how do you get your posts on the shortlist?

Primary Agent | January 2013

Together, these three factors determine which posts show up in an individual fan’s news feed. So how can you use this information to create more impactful posts?

How it works To outsmart the algorithm, it helps to understand it. That’s easier than it sounds. Vendors will often use the following formula to send you scrambling for your checkbook:

What you can do about it Here are three simple tactics to help you reach more fans with your Facebook posts.

1. Use more photos The most common problem I see on active agency Facebook pages is an over-reliance on text-only status updates. Posting more photos is an easy* way to increase engagement and post weight. Photos grab audience attention and, given their size in the news feed, block out competing posts on the screen. Consider these two posts that use the same text.

Which would you be more likely to read, “like” and share with your friends?

Don’t let the sigma scare you. Put simply, EdgeRank ranks your post based on three criteria: 1. The relationship between your page and the individual fan (Affinity) 2. The value of the individual post (Weight) 3. The timeliness of the individual post (Decay) 1. Affinity The first criterion is an individual fan’s relationship with your page. Fans who regularly engage with your posts by clicking, liking, sharing or commenting have a stronger “affinity” than fans who have stopped engaging (or who never engaged) with your posts. Unfortunately, this penalizes Facebook fans who want to read your agency posts but don’t actively engage with them. I’ll share some tips for moving more of these passive readers into active fans later in this article.

2. Weight The second criterion – weight – creates a unique value for each post based on how much and what type of engagement your fans have with it. As more of your fans click, like, comment and share your post, its weight and reach increase.

Higher-value engagement includes sharing and commenting, but even likes and clicks boost post weight.

2. Ask for likes and shares A 2011 study from Momentus Media analyzing nearly 50,000 status updates found that directly asking fans for a “like” increased post engagement by 216 percent! Yet only 1.3 percent of posts include this specific call to action. We’ve seen this best practice dramatically increase engagement on our consumer Facebook pages.

The type of post can significantly influence fan engagement.

Third-party website EdgeRank Checker evaluates posts from more than 1,000 pages monthly and has found that photos drive more engagement than any other post type, followed by video, links and text-only status updates.

3. Decay The third factor, decay, is the most straightforward.

Fans who are on Facebook during or shortly after you post are more likely to see your content. Fans who log in hours later have more (and more timely) content competing for their news feed, so there’s a lower chance your posts will break through. [ 23 ]

TECHNOLOGY UPDATE

3. Be provocative Posting on topics that people disagree on can drive up engagement, and every like, comment and share increases affinity and post weight. Religion and polarizing political topics remain danger areas, but asking for fan opinions on texting legislation, driving age minimums or limits, car seat age and weight guidelines, or product preferences (Harley or Honda: Which has the superior engineering?) can generate strong opinions on either side. Even sillier questions that tap into strongly held opinions can have the desired effect.

For example:

Use these three tips together to see the greatest gains in engagement and post reach, and be sure to track how fans are responding. Your Facebook page administrators can see real-time reach data at the bottom of every post:

Keeping up with EdgeRank Sites like EdgeRank Checker (http://edgerankchecker.com/) report regularly on any changes in the algorithm and provide additional tips on how and when to post for greatest engagement. (Wednesday and weekends are the current leaders. You can even use the post scheduler feature on the bottom left of the status update window to schedule updates to post when you’re out of the office.)

With a little planning and a few best practices, you should see your Facebook engagement and reach rise over time. That’s the first step to achieving your goals, whether they’re acquisition, retention, public relations or a mix. Once you understand how to engage more of the fans you’ve already earned, take another step forward by learning to use the additional Facebook tools, like tagging and question, to extend your reach further, to the hundreds and thousands of prospects in your fans’ social networks.

To view an educational video on EdgeRank from Progressive, search “Facebook EdgeRank Overview” on YouTube, and an On Point podcast with Kevin Ament on EdgeRank and Facebook strategy is available from Insurance Journal TV (www.insurancejournal.tv/videos/8014/).

Facebook Insights has helpful dashboards so you can track your progress and refine your strategy. If you’re not seeing traction (particularly if you’ve had an idle page for months, have a new strategy and want to give your page a jump start), you can ensure all of your fans have an opportunity to see your post in their feed by using the “promote” tool.

For a small fee, Facebook will add the post to a larger percentage of your fans’ news feeds, up to 100 percent.

[ 24 ]

More Facebook and social networking tips from Progressive and others are available on the ACT website (www.iiaba.net/ACT), under the “Websites & Social Media” quick link. * One important caveat: Pulling pictures from Google Images to use with your status updates is easy, but many of the images are copyrighted. To avoid potential legal exposure, consider creating an account with an inexpensive stock photography website like Shutterstock (you can purchase a quality picture for as little as 24 cents), or take your own pictures and use a free app like Instagram to create a polished and consistent look for your pictures.

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Ad Index Coastal Agents Alliance . . . . . . . . . . . . . . . . . . .21 Guard Insurance Group . . . . . . . . . . . . . . . . . .13

No amount of pork and sauerkraut can counteract this bad luck: New Year’s Day is the leading holiday for reported car thefts.

The National Insurance Crime Bureau ranked U.S. holidays by the number of vehicles stolen and found the first day of the year highest. Next came Halloween and then Independence Day. Christmas Day saw the least number of reported auto thefts. Thanksgiving and Christmas Eve ranked next lowest.

IA&B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .IFC

Source: Insurance Networking News

IA&B Partners Program . . . . . . . . . . . . . . . . . . .15

----------------------------------------------------------------———————------The Last & Least column is dedicated to the industry’s oddities — from creative claims and kooky coverages, to (tasteful) jokes and strange stories. Submit yours to iab@iabgroup.com, subject line: Last & Least. The editor will happily protect sources’ anonymity upon request.

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