Delaware Primary Agent - July 2017 by Insurance Agents & Brokers Service Group Inc

PL D E OY FE ME ND I Pa NT P NG ge RA 23 CT IC

JULY 2017 | DELAWARE

NAVIGATING E M P LOYE E MANAG E M E NT

IMPROVEMENTS & BETTERMENTS LEARN FROM DATA BREACHES OFFICE COMMUNICATION BARRIERS

THERE’S more FOR YOU AT MILLERS.

More nimble response. More creative solutions. More flexible underwriting. And way more personal service. Habitational and commercial real estate are what we know and do best, have the most experience with and greatest expertise in. This helps provide you with a competitive advantage for property and casualty coverages. Plus, our approach is uniquely personal – so you always get an attentive ear and we’re easily accessible through the entire process.

INSURING HABITATIONAL & COMMERCIAL REAL ESTATE

Have Questions? Contact your underwriter or call Millers Mutual’s Jonah Mull (717.237.7273) or Scott Billett (717.237.7202).

B US IN E S S OW N ER S PO L I C Y | C O MMER C I A L A UT O | COMME RCI AL UMBRE L L A | L E SSORS RI SK | BUI L DE RS RISK

IN THIS

AN EMPLOYMENT ROAD TRIP If life is a highway, employee management is a road trip – at times filled with twists and turns, detours and speedbumps.

WHAT’S YOUR WORK LANGUAGE? Many problems at the office come from not understanding the underlying “work language” of your employee. Here, we break down the barriers to understand what makes an employee tick.

USE BREACHES TO HELP YOUR AGENCY Learn critical lessons from Yahoo’s massive cyber breaches and the Mirai botnet attacks. To sell in today’s market, agents must understand technology exposures, and to run a secure agency, management must understand the major trends.

IN EVERY ISSUE 2 3 4 6 8 11 28 28 28

Chairman of the Board’s Message Ask Our Experts Preventing Errors & Omissions Coverage Corner State News IA&B Partners Advertiser’s Index My Events Classified Ads

Periodical postage paid at Mechanicsburg, Pa. and at additional mailing offices. Postmaster: Send address changes to Insurance Agents & Brokers, 5050 Ritter Road, Mechanicsburg, PA 17055. Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2017-7, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

Copyright 2017. 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.

CHAIRMAN OF THE BOARD’S MESSAGE

YOUR MEMBERSHIP PRIVILEGES

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

OFFICERS

Chair of the Board

’m probably dating myself a bit here, but do you recall the old American Express “membership has its privileges” commercials? That slogan may have fallen out of favor in the credit card industry, but it still rings true to me when I think about the IA&B organization. For many of my fellow agency principals, IA&B means professional training. E&O coverage. Political advocacy. Yes, those are all vital functions of our agents’ association, but – as I’ve come to realize in recent years – there is so much more to membership. A great example is human resources: IA&B may not be top of mind, but it could (and dare I say should?!) be. Members have access to tips and tools to simplify everything from recruiting and hiring, to training and managing. I can speak to the quality of several of these, but don’t take it from me alone. Check out this issue of Primary Agent to read about the turnkey products and services in HR Solution, the discounted access to employee assessment tools, and the compliance counseling services from Independent Agency Solutions. These are just a few of the resources available to you. You can learn about more by calling IA&B at 800-998-9644 or by visiting IABforME.com. Bottom line: IA&B membership has its privileges, so take advantage of them! n

Michael F. McGroarty Sr Vice Chair of the Board

John B. Hollister

Immediate Past Chair of the Board

Robert S. Klinger, LUTCF, CPIA

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

Richard F. Corroon, CPCU Wilmington, Del.

Michael P. Ertel Sr.+ Columbia, Md.

G. Greg Gunn, CIC* Lemoyne, Pa.

Bryan C. Hanes, JD Hagerstown, Md.

David C. King Lancaster, Pa.

Lisa A. Leach Goth, CIC New Bethlehem , Pa.

Douglas A. Loesel, CPCU Erie, Pa.

Crag S. Mader Crofton, Md.

Elizabeth H. Martin, CIC Millersville, Pa.

Mark J. Monroe

West Chester, Pa.

Joseph R. Pastor, CPCU, AAI

Until next time,

Oil City, Pa.

Richard M. Rankin, CIC Lancaster, Pa.

April E. Ressler, CIC Altoona, Pa.

Michael “Mike” F. McGroarty Sr. Chairman of the Board

Scott C. Rogers, CPIA York, Pa.

Glenn R. Strachan

Ft. Washington, Md.

Bryan S. Willey Dover, Del.

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM** Newark, Del.

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

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

JULY 2017

Ask Our Experts IA&B Advocacy Senior Director Clair Pantaloni provided this month’s answer.

Question: Can I refuse to sell minimum limits to a customer in my agency?

Answer:

A “

good deed never goes unpunished,” as the saying goes, and while you are trying to help your customers make the right decision for their benefit, that is not necessarily the way it will be viewed by regulators. Fundamentally, this question depends on what the state law requires or allows. And by the way, that would be the state law where the insured, not the agency, is located. Ultimately, if a statute mandates an offer, that offer must be genuinely available. In Pennsylvania, the answer to your question is “no.” Under the Motor Vehicle Code, minimum limits must be made available for purchase. An agency cannot simply decide not to offer it. While the Insurance Department understands that an agency may not want to sell minimum limits, they do not view that as a choice. Keep in mind that the decision not to offer can be viewed from different angles, including the plain old failure to offer and/or refusal to write, upselling and – depending on the circumstances – even discrimination. In Maryland, based on conversations with the Maryland Insurance Administration, the position is that

if an insurer offers a policy with Maryland’s minimum vehicle liability limits, the producer representing that insurer cannot refuse to offer it as an option to the customer if that’s what the customer requests. In Delaware, based on our research and contacts with the Department of Insurance, while the statute doesn’t seem to expressly require insurers to offer the minimum limits, that expectation can be inferred from other statutory provisions. In addition, under certain circumstances, the refusal to write might also be viewed as a discriminatory practice. Bottom line, insurers must offer minimum limits, and by extension so must their agents. What you can do to protect your own E&O exposure? Obviously, you can explain what purchasing minimum liability means, what can happen if the insured is involved in a loss that exceeds those limits, and give a cost comparison of a policy with higher limits.

• Send a letter (a template is at IABforME.com/eo_prevention) confirming the selections the customer made, reiterating your recommendation for higher limits, and suggesting he contact you if he changes his mind. • Use one of our consumer flyers (available at IABforME.com/ marketing) explaining auto limits in order to make your point. Sending a confirmation letter will establish a record of your discussions with the policyholder, and hopefully prevent any claim that you did not warn your customer of the risks associated with low limits. When a claim occurs, everything is fair game, and the customer likely will blame you for the low limits selected, and won’t remember any conversations on the topic. n Have a question? Ask our experts! Rely on our experts to answer your most perplexing

If your explanation is not sufficient to sway the customer, you can:

questions. Visit the Ask Our Experts section

• Implement sign-off forms, where the insured is acknowledging his choice of lower limits, OR

to other frequently asked questions. Or email your

of IABforME.com (find the link in the website footer) to submit your question and review answers question to us at IAB@IABforME.com. We look forward to hearing from you.

PREVENTING ERRORS & OMISSIONS

WHAT IS YOUR MEMORY WORTH IN THE COURTROOM? By Curt Pearsall, CPCU, AIAF, CPIA

he answer to the question posed in the headline is “not much.” When errors and omissions (E&O) claims occur, the discover process involves sworn statements provided in depositions or in the actual courtroom in the vast majority of the cases. When these statements are provided, the best scenario is that there is documentation, such as agency system notes, letters, emails, etc., to support them. However, all too often, statements are based on the memory of the people providing them. Using the scenario in which the producer alleges that the client declined a specific coverage from the proposal, which of the following has more credibility: the

producer relies on his or her memory or a document that memorialized the decision to decline a specific coverage? DOCUMENT, DOCUMENT, DOCUMENT A common phrase often used in litigation matters is “if it is not in the file, it didn’t happen.” It would be challenging to find a more accurate phrase when it comes to E&O loss prevention. When an E&O matter develops, both of the attorneys have a right to all of the various pieces of a file. This includes agency notes, emails, letters, the proposal and more. The goal is that the documentation will tell a story that aids in the agency’s defense. Therefore, a lack of documentation JULY 2017

significantly impacts that defense. The courts typically do not look favorably on a person’s use of their memory; it is referred to as “hearsay” and does not carry the same weight as actual written documentation. There is the definite possibility that testimony based on memory may be considered inadmissible. What does good documentation look like? Consider these key elements: • Be mindful about what you’re documenting as your email or agency notation handled today could be read by someone who is suing you tomorrow.

• The documentation should be handled promptly and accurately. • The documentation should be detailed and contain the necessary “who,” “what,” “why,” “when” and “where.” • The person doing the documenting should be the same person who had the conversation with the client. • Discussions with carriers and intermediaries should be documented. While you believe that the underwriter will work with your agency in the event of a problem, what if that underwriter is no longer with the company when you need him or her? • Declinations or rejections of coverage must be documented. To ensure that there is no misunderstanding about what the client said and what your agency heard, it is strongly suggested that there be written communication back to the client memorializing the discussion. You will be surprised about what the client will say after a loss when he or she is told there is no coverage!

only in the agency system but also, as noted above, through some form of written communication back to the customer or prospect. The documentation should include who was present for the meetings, what was discussed and what was agreed upon.

GET TO KNOW MY AGENCY

Quality and effective documentation may not be easy and will be time consuming, especially if it is done right. However, it really is that important.

JUST LIKE documenting customer files, having a true partner for your agency’s insurance needs is key for properly protecting your agency. Enter My Agency at IA&B.

The material contained in this article is for informational purposes only and is not for purposes of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

My Agency is staffed by independent agents just like you. And our team has the industry’s leading carriers, offers hands-on service to tailor coverage to your needs, and advocates for you to improve coverage and options.

Curt Pearsall, CPCU, AIAF, CPIA p rovided this content on behalf of Utica National Insurance Group. IA&B’s My Agency 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.

We don’t just sell insurance. We provide risk management. From industry-leading loss prevention to active involvement in E&O litigation that might erode your rights, nobody else has our track record. IABforME.com/MyAgency

• The agency should have written standards and procedures established that clearly delineate where documentation of various types should be stored in the agency system. DONE RIGHT For insurance producers, there should be concise documentation of producer-client meetings. This can be at the initial state of the relationship or at the numerous times when the interaction occurs. Notes should be taken detailing the discussion and then memorialized not

COVERAGE CORNER

IMPROVEMENTS AND BETTERMENTS: WHAT ARE THE PROBLEMS? By Jerry M. Milton, CIC

his is a story of two parties. We’re going to call party one “Owner” and party two “Tenant.” Owner owned an older building valued at $1 million. Tenant leased the building and proceeded to install $750,000 of improvements and betterments, which included flooring, light fixtures and wall coverings. Owner insured the building for $1 million and Tenant insured the business personal property for $500,000. Both limits were subject to a 90 percent coinsurance requirement.

About six months after Tenant moved in, a fire caused considerable damage to the building and the business personal property. The estimated loss was $500,000. What questions must be resolved?

The definition of “Your Business Personal Property” includes “Your use interest as tenant in improvements and betterments.” Therefore, improvements and betterments are “building” in Owner’s policy and “business personal property” in Tenant’s policy.

ARE THE IMPROVEMENTS AND BETTERMENTS CONSIDERED “BUILDING” OR “BUSINESS PERSONAL PROPERTY”? The definition of “Building” includes “Completed additions and fixtures.”

WHO INSURES THE IMPROVEMENTS AND BETTERMENTS – OWNER OR TENANT? What does the lease say? Owner insures, Tenant insures, or the lease is silent? It

JULY 2017

really doesn’t make much difference. Both Owner and Tenant are underinsured and will incur a coinsurance penalty. HOW CAN THIS PROBLEM BE RESOLVED? The lease should clearly state which party is responsible for insuring the value of the improvements and betterments. If Owner insures, Owner should purchase $1,750,000 on the building and Tenant should exclude improvements and betterments on its policy. This can be done via the Additional Property Not Covered endorsement (CP 14 20). Likewise, if Tenant insures, Tenant should add the value of the improvements and betterments ($750,000) to its business personal property limit and Owner should exclude improvements and betterments on its policy. WHAT MISTAKES DO MANY INSUREDS MAKE? • Neither party (Owner or Tenant) is familiar with the terms of the lease, and therefore they do not know which party is responsible for repairing or replacing the damaged improvements and betterments. • Neither party knows the value of the improvements and betterments. • Neither party understands coinsurance. • Both Owner and Tenant expect the other party to be responsible for repairing or replacing any damaged improvements and betterments. Finally, the lease does not change the terms and conditions of the property insurance policy. For example, if Tenant is responsible for insuring the improvements and betterments, Owner could still incur a coinsurance penalty

in the event of damage to the building. The coinsurance requirement must satisfy the value of the building, which includes improvements and betterments. Insure the improvements and betterments or exclude them. 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.

LEARN MORE FROM LIVE CE WEBINARS GET TO know more about lease arrangements and their insurance repercussions in our upcoming live webinars. Each three-hour course awards 3 CE credits (with no test) and costs just $75 for IA&B members. Commercial Property Claims That Cause Problems Through a variety of claim scenarios, this course dives into the meticulous nature of commercial property insurance. Complicated definitions, vacancy provisions, debris removal coverage, real and personal property lease terms and compliance, leasehold interest, business income and other issues make an appearance in this course. Tuesday, July 18 - 1-4 p.m. Tuesday, Sept. 19 - 1-4 p.m. Leases and Contracts vs. Insurance Policy Language Your insureds sign all forms of contracts and leases that bind them to certain financial obligations. This course tackles several complicated, yet unavoidable issues by helping you: 1.) see and understand the nature and scope of obligations found in leases and contracts, 2.) review the response of the various insurance policies your insureds purchase, and 3) to be able to advocate for your insured and make changes to the coverage to assist your insured. Tuesday, July 25 - 9 a.m. - noon Tuesday, Sept. 19 - 9 a.m. - noon IABforME.com/webinars

STATE NEWS

Delaware member agents posed with Sen. Tom Carper following their meeting.

MEMBERS TAKE THEIR MESSAGE TO D.C.

DCRB ELIMINATES ARD, OFFERS GUIDANCE All workers’ compensation policies are now subject to “one set of rules, classifications or carrier rates” during a single policy period. As of May 1, the Delaware Compensation Rating Bureau (DCRB) eliminated rules and endorsements that referenced anniversary rating date (ARD). In response to the change, the DCRB this spring released Circular No. 932 with answers to frequently asked questions about the change. The circular answers questions about: • ARD and its elimination in general • Application of pricing programs • Application of classification changes • Policy issuance • Data reporting guidelines As previously reported in Agent Headlines, the DCRB cited policyholder confusion when filing to eliminate ARD. What’s more, the Bureau offered that several other states recently eliminated ARD with no ill effects or complaints. DCRB.com

WELCOME NEW MEMBER WOLFF INSURANCE AGENCY INC., Newark, Del.

Thank you to the IA&B member agents who joined us on Capitol Hill in early May for the Big “I” National Legislative Conference. The event brought together over 1,000 independent agents from across the country.

NAVARRO CRACKING DOWN ON MISLEADING STATEMENTS While we’re confident that our member agents didn’t prompt Insurance Commissioner Trinidad Navarro’s recent admonishment, it’s worth noting that the Department of Insurance (DOI) is taking misrepresentation about how insurance rates are set very seriously. Navarro this spring released Universally Applicable Bulletin No. 1: to remind any and all persons and companies engaged in any aspect of the business of insurance in Delaware … it is unlawful to ‘… [make] any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of the insurance business which is untrue, deceptive or misleading.’ The bulletin includes statutory references and potential penalties for violating them.

JULY 2017

HIGHLIGHTS OF OUR 60TH ANNUAL CONVENTION Thank you to the attendees, sponsors and leaders who made our 60th Annual Convention a success! The May 31-June 1 event brought approximately 100 member agents and company personnel to Rehoboth Beach to network; earn CE; and honor fellow members, company reps and deserving youth.

Thank you to our sponsors Elite Sponsors Donegal Insurance Group Liberty Mutual Wednesday’s Kick Back and Give Back Day Trip included tours of the Nassau Valley Vineyards and Dogfish Head Brewery, as well as a luncheon to benefit the “Insure a Cure” American Cancer Society Relay for Life team.

Platinum Sponsors Berkley Mid-Atlantic Group Selective Gold Sponsors Cumberland Insurance Group Peninsula Insurance Progressive Travelers

Jake Willey (second from the right) received this year’s Joann Scott Memorial Scholarship. He is the son of Bryan Willey, of Harrington Insurance in Dover.

Dick Corroon (left) and Bryan Willey (center) presented the William H. Lehnert Jr. Award to Craig Rider, of Lititz Mutual Insurance, for his efforts to establish strong agency-company relationships.

Member agents and sponsoring companies’ reps gathered on Wednesday evening for the annual Welcome Reception.

Sandwiched between CE sessions, Thursday’s Awards Luncheon provided an opportunity to celebrate the accomplishments of the association and its members and to recognize supporters and deserving youth.

Wish Kid Sammy and his mom Diane spoke at the Awards Luncheon and thanked IA&B for supporting Make-A-Wish Mid-Atlantic.

Bronze Sponsors All Risks Amerisafe Applied Underwriters Atlantic Specialty Lines Foremost Insurance Group Frank Crum Glatfelter Public Practice Hanover Insurance Group Harford Mutual Insurance House Johnson & Johnson Kite Technology Group Liberty Mutual Surety Lititz Mutual Insurance Company Philadelphia Insurance Companies Premium Assignment Corp. RIBSNY Surplus & Excess Lines Universal Property & Casualty Unlimited Restoration Westfield Insurance Wilmington Insurance

PLATINUM PROFILE

ince opening its doors in Pennsylvania in 2010, Acuity has been growing personal and commercial lines business with independent agents in the state at a rapid pace. By year end 2016, the insurer grew its premiums in the Keystone State to nearly $40 million. The credit for Acuity’s strong and sustained growth in Pennsylvania goes to independent agents and, according to President and CEO Ben Salzmann, no company is more committed to agents than Acuity. “Our experience and dedication to building strong partnerships with agents in Pennsylvania has definitely fueled our success in the state.”

Acuity offers monoline and commercial package policies, businessowners’ (BOP) forms, and endorsements designed for targeted classes of business, including construction, trucking, mercantile, manufacturing, and services.

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

Acuity also provides agents many valueadded services, including an expansive continuing education (CE) program featuring courses taught by expert Acuity staff as well as award-winning video courses, delivered through its innovative Acuity U program. All of Acuity’s CE services are offered at no cost to its agents.

“Agents know what to expect when they do business with Acuity,” adds Wally Waldhart, Vice President - Sales and Communications. “We want to be agents’ go-to company for the type of business in our wheelhouse, and we deliver what agents need and want in order to write personal and commercial lines customers.”

Acuity’s service to independent agents and customers also benefits from the insurer’s experienced and dedicated staff. Named one of the top 10 large companies to work for in America for three consecutive years, Acuity features an employee-friendly workplace that has led to remarkably low staff turnover, helping build stronger relationships with customers and independent agents.

Acuity’s commitment to independent agents includes an unwavering focus on providing the technology, products, and value-added services that make the insurer a powerful business ally. On the technology front, Acuity has focused on developing and investing in solutions for agents that have earned the insurer recognition as one of the easiest companies for agents to do business with. Acuity has also received more technology awards from ACORD than any other P&C carrier in the nation.

Lastly, Acuity offers independent agents stability that spans years of financial and operational performance. The mutual insurer is rated A+ by both A.M. Best and Standard & Poor’s and is the only regional insurer to have been named to the Ward’s 50 list of top-performing property-casualty companies for 17 consecutive years. Acuity operates in 25 states, generates nearly $1.4 billion in revenue through 1,000 independent agencies, and manages over $4 billion in assets.

When it comes to products, Acuity offers agents a wide array of monoline, package, and portfolio policies, as well as many important and unique coverage enhancement endorsements designed for Pennsylvania accounts. In personal lines, Acuity provides true tiered rating programs in both auto and homeowners. In commercial lines,

“We have demonstrated our commitment to being a true partner with independent agents in Pennsylvania and throughout our operating territory,” Salzmann says. “We are thankful to Pennsylvania agents for the trust they have placed in us, and we are confident about our continued success in the state thanks to those partnerships.” n

JULY 2017

FOCUSED ON RESULTS FEATURED PARTNER

Acuity PRESIDENT & CHIEF EXECUTIVE OFFICER

Ben Salzmann COMPANY LOCATION

Sheboygan, Wis. A.M. BEST RATING

“A+” (Superior)

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

Agency Network Exchange LLC

Aegis Security Insurance Co

ACUITY

Agency Insurance Company

Amerisafe

AmWINS Program Underwriters Inc

Berkley Mid-Atlantic Group

Auto-Owners Insurance Company

Brethren Mutual Insurance Company

Bailey Special Risks Inc

Donegal Insurance Group

Berkshire Hathaway GUARD Insurance Companies

Erie Insurance Group Insurance Agents & Brokers Service Group Inc

Briar Creek Mutual Insurance Company BrickStreet Mutual Insurance

Liberty Mutual Insurance

Conemaugh Valley Mutual Insurance Co

MAPFRE Insurance

Countryway Insurance Company

MMG Insurance Company

Encompass Insurance

Millers Mutual Group

GMI Insurance

Mutual Benefit Group

Goodville Mutual Casualty Company

Nationwide

Grinnell Mutual Reins Company

Penn National Insurance

Insurance Alliance of Central PA Inc

Plymouth Rock Assurance

Insurance House

Swiss Re

Insurance Placement Facility of PA

The Main Street America Group

Johnson & Johnson Kite Technology Group

United Fire Group Utica National Insurance Group

Lackawanna Insurance Group Lebanon Valley Insurance Company

GOLD LEVEL

Merchants Insurance Group

Progressive

Mercury Casualty

Universal Property & Casualty Insurance Company

Millville Mutual Insurance Co

Westfield Insurance

Reamstown Mutual Insurance Company

SILVER LEVEL

CM Regent Insurance Company Cumberland Insurance Group Farmers Mutual Insurance Company of Western Pennsylvania

PennPRIME Municipal Insurance Rockwood Casualty Insurance State Auto Mutual Insurance Company Strategic Comp TAPCO Underwriters Inc The Motorists Insurance Group

Frederick Mutual Insurance Co

The Mutual Service Office Inc

Juniata Mutual Insurance Co

Travelers

Keystone Insurers Group Inc

Tuscarora Wayne Group of Companies

Selective

Zenith Insurance

PLATINUM PROFILE

Insurance Agents & Brokers proudly recognizes ANE, Agency Network Exchange, as one of its Platinum Partners. IA&B Platinum Partners dedicate the highest level of sponsorship to our organization.

HELPING INDEPENDENT AGENTS STAY INDEPENDENT

NE, Agency Network Exchange knows what agencies need to be successful today. We are a network of agents, built by agents. Our Board of Directors and Management Team are industry experts with deep understanding of the marketplace dynamics and trends affecting our member agencies. The insurance industry is changing faster than most agencies can keep up. Profit margins are shrinking. Carriers are paying less contingency revenue and demanding more production. New technologies and evolving customer expectations are challenging the old ways of doing business. Complacency is limiting business growth. An aging workforce is putting pressure on agencies to find, recruit and keep new talent. More than ever before, independent agents are finding it harder to own, control and operate their businesses. Our innovative approach adds tremendous value to help our agencies grow, compete and stay independent. ANE HELPS AGENTS GROW ANE pools premiums so members receive more, consistent profit-sharing payments than they could on their own and are protected from low performance years so they can grow their agencies. ANE provides active, consultative support and a wealth of resources to help members become better business owners, from perpetuation and succession planning to seminars on using social media networks like LinkedIn. The ANE Peer-to-Peer program brings together like-minded agents of similar

size and background to solve common problems and facilitate change. We also host a Producer Boot Camp conducted by MarshBerry, the No.1 consulting group for insurance agents. ANE HELPS AGENTS COMPETE ANE gives agencies more clout with carriers. Our relationships and influence give ANE members direct access to national and regional carriers to help agents write more business and retain key accounts. Through an agreement with Vertafore, the leading provider of transformative agency management software, ANE helps member agencies use technology to innovate with online portals and web-based systems that add value and strengthen relationships with clients. ANE HELPS AGENTS STAY INDEPENDENT Many agents worry that they will lose their independence by joining a network. ANE member agents own 100 percent of the agency book and business, and receive 100 percent of policy-level commissions. Our innovative model provides the scale and support our members need to remain truly independent. More than 50 successful insurance agencies across New Jersey and Pennsylvania have joined ANE to take their agency to the next level without giving up control of their business. Find out why ANE is the winning solution for insurance agents. Visit www.ANE-Agents.com to learn more. n

JULY 2017

HELPING INDEPENDENT AGENCIES GROW, COMPETE AND STAY INDEPENDENT. ANE BENEFITS • Own 100% of book & business • Receive 100% of commissions • Increase profit-sharing revenue • Direct access to more carriers • More clout with carriers

LEADERSHIP TEAM John K. Tiene CEO Neal Stanley Interim COO & Consultant Jocelyn R. Rineer V.P., Field Operations Alyssa Itzkowitz Manager, Field Operations John H. Emmons Manager, Membership Development

grinnellmutual.com

TRUST IN THE ROAD AHEAD The future doesn’t always keep its promises. Fortunately, we do. Even if the road ahead feels uncertain, your customers can trust that their auto insurance will be there for them — today and into the future. Trust in Tomorrow.™ Contact us today.

AUTO | HOME | FARM | BUSINESS

“Trust in Tomorrow.” and “Grinnell Mutual” are property of Grinnell Mutual Reinsurance Company. © Grinnell Mutual Reinsurance Company, 2017.

AN E M P L OY M E N T ROAD TR I P HR SOLUTION© IS WITH YOU EVERY MILE OF THE WAY By Karen H. DiGioia

If life is a highway, employee management is a road trip – at times filled with twists and turns, detours and speedbumps. Read on as our HR consultant guides the employment road trip and suggests member-resource pit stops along the way.

ummer – ahhhhh. Vacation… Sun… Sand… Relaxation…. And road trips! Time to travel. Explore new places. Whatever you’re doing this summer, chances are something you do will require a map or directions to help you find your way. Some days, managing your employees may feel a bit like a road trip (stay with me here). One minute, you’re in your comfort zone – dealing with customers, handling claims and renewals when, BOOM, out of nowhere, an employee shows up in your office and hands you the keys (No, not literally – I’m speaking figuratively here). The keys to an employment road trip! Recruiting. Hiring. Training. Managing performance. Employment laws. Termination. (I know – vacation, sun and sand sounded a whole lot better!) Whatever the issue – it’s time for an employment road trip.

“But wait,” you might say, “I have work to do, and I don’t know where I’m going.” Not to worry – you won’t be going alone! FIRST STOP: RECRUITING Our employment road trip begins with recruiting. There’s no question that finding, interviewing and selecting the right employee can be a challenge. But, were you aware that the administrative guide and tools section of HR Solution provides you with many sections to guide you through the process? With sections on recruiting, interviewing, screening and testing, you should find everything you need to navigate this tricky path, including:

• New hire letter • Tips for giving new employees a good start • Employee orientation program

• Advertising template

• New hire reporting form

• Sample application for employment • Telephone pre-interview screen and interviewing checklists

• Hiring and orientation checklist

• ….and much, much more!

And for more detailed guidance on orienting your new employees, check out the 2016 Primary Agent article on this very topic: IABforME.com/primary_agent/Orientation.pdf

Keep in mind, before you get back behind the wheel of your car, agencies are prohibited from hiring (or allowing continued employment of) anyone convicted of dishonesty or breach of trust (unless they meet certain requirements). Information regarding necessary background checks can also be found through HR Solution.

MAINTENANCE AND INSPECTIONS ALONG THE WAY Once recruiting, hiring and orientation are behind you, you may think you can put the vehicle on cruise control and sit back and enjoy the ride. Not so much. For good managers, “cruise control” never really happens (and there are no self-driving cars on the employment road trip!).

Time to load into the car and get ready to hit the road again. Don’t forget to put on your seatbelt, and before we head off to our next stop, if you’d like to do some more reading on the topic of interviewing, refer to the 2015 article in Primary Agent on that topic: IABforME.com/primary_agent/TheInterview.pdf

Are you really clear about the Fair Labor Standards Act and which positions legally must be paid overtime? Do you know what information you can (and, perhaps, more importantly, can’t) keep in the employee file? Do you know how to track work time and attendance (not to mention the specifics about what counts as “work time”)? Do you have procedures or guidelines for making compensation changes to make sure the way you are paying your employees is appropriate, fair and equitable? Do you know what legal postings you are required to have in the workplace? If the answers to any or all of the questions is no (or even maybe), don’t worry – the HR Solution Administrative Tools includes information on all of these topics – and, that old favorite, much, much more.

• Candidate evaluation worksheet

A JOURNEY OF A THOUSAND MILES BEGIN YOUR employment roadtrip with a single step — a visit to HR Solution at IABforME.com/emp_mgmt.

NEXT STOP: HIRING AND ORIENTATION Now that you’ve located the candidate you want to hire and you’ve completed background and reference checks, you may feel like the hard work is behind you. Well – think again. As with all relationships, you want the one with your new employee to start out on the right foot and pave the way for a long and rewarding journey – both for the new employee and for you. HR Solution has many tools to assist you:

So now, if you’re making good use of the various tools available to you through HR Solution, you should be travelling along at a good pace and might even be enjoying the ride. Suddenly – what’s that ahead? A flashing detour sign? Now what?

JULY 2017

UNFORESEEN POTHOLES AND CONSTRUCTION ZONES Many unexpected things can happen on your employment road trip. Employees who aren’t meeting performance expectations, employees complaining about harassing treatment, leaves of absence, disciplinary issues. The good news is, if you turn to HR Solution, as always, you’ll find useful tools to guide you in the right direction and get you back on the main route. And HR Solution will help you provide road maps for your employees as well. With employee road maps (also known as employment handbooks), you ensure that your employees don’t head off in the wrong direction. Again, HR Solution is by your side, providing a template of an employment handbook. Start with this template, customize it for your agency and before you know it, you’ll be handing out employment handbook road maps to all your employees. These handbooks (and more specifically, the policies and procedures in them) will help to ensure that your employees are following the same route as you and aren’t stopping regularly to ask you for directions. FINAL DESTINATION Well, as the saying goes, all good things must come to an end, and this is true for our employment road trip. The final stop is termination. When it comes time for an employee to leave your agency, look again to HR Solution for guidance. Termination checklists, exit interview forms, COBRA information, and more, are all available to make sure your employee’s road trip comes to a pleasant end. So now, it’s probably time to start another road trip. Before starting your vehicle, you want to check your map. Does it make sense to take the same route this time around? Do you need to hire a new full-time employee or do you want to consider a Work at Home Vintage Expert (WAHVE)? HR Solution includes a link to help you learn more about this unique staffing solution. And, remember, if in your travels you happen to get a flat, your IA&B membership provides you with its very own version of road service. As part of your member benefits, if you find yourself in an HR situation that you can’t solve, you can always

MAPPING HR SOLUTION TUNE UP your employment practices with HR Solution – a compilation of products and services available to fuel your human resources program. An exclusive benefit for our member agencies, HR Solution includes: • HR audit • Administrative guide and tools • Associate/employee handbook • Complimentary consultation services and discounted professional services IABforME.com/emp_mgmt

contact me at 610-779-3870 or karen@mostellerhr.com. I’ll help you fix that flat and get you back on the road in no time. Happy travels!

Karen H. DiGioia provided this article on behalf of Mosteller & Associates, IA&B’s contracted human resources consulting firm. Reach out to Karen for more information on conducting classifying workers or with other human resources questions. IA&B’s HR Solution© is a compilation of products and services – available exclusively for our member agencies – that simplifies establishing or improving your human resources program. It includes base-level consultation and discounted professional services from Mosteller & Associates. Learn more at IABforME.com/emp_mgmt.

LOOKING AHEAD

NEXT MONTH’S Primary Agent magazine will share IA&B’s latest professional training and education offerings – including opportunities to get new employees up to speed.

W H AT I S YO U R W O R K L A N G UA G E ? U S I N G P E R S O N A L I T Y TO B R E A K D O W N C O M M U N I C AT I O N B A R R I E R S AT W O R K By Carletta Clyatt

Many problems at the office come from not understanding the underlying “work language” of your employee. Here, we break down the barriers to understand what makes an employee tick.

ou’ve probably heard of The Five Love Languages, a bestselling relationship book by Gary Chapman. In it, he talks about better ways of engaging with your romantic partner based on how you each express yourself romantically and by understanding each other’s needs. Some people really like being surprised with a gift. Others might rather you show your affection by helping out around the house – nothing says I love you like emptying the dishwasher or cleaning out those rain gutters! While some need to hear how much they are loved, others just want to sit together and enjoy the comfort of being close… while binge watching Game of Thrones of course. Understanding what makes our partners tick and being able to give them what they want, in a way they will appreciate, helps forge stronger relationships. If you know who your partner is and what they need to thrive, you are better prepared to prevent and resolve conflicts. It’s why the love languages have become so popular over the years, and why people keep coming back to those core traits.

UNDERSTANDING WORK LANGUAGE Much attention is paid to love languages, but figuring out your work language is something that is often ignored. As much as people hate to admit it, we spend more time interacting with our co-workers than we do at home with the people we love… which is why it is important to understand the people you manage to ensure the environment you are creating within your office thrives as well. Much like problems within a relationship, a lot of problems at work come from A) not being able to read minds (we can’t help with that) and B) not understanding the underlying “work

EMPLOYEE ASSESSMENT WHETHER DEALING with new hires, internal promotions, teambuilding or even agency perpetuation, profiling services help you make smart, objective and economical personnel decisions. IA&B members receive special pricing consideration from several companies which specialize in behavioral assessments. Visit our website to learn more, and then use their resources to your management advantage. IABforME.com/hiring_managing/profiling

language” of your employee. We can help break down that barrier. A behavioral assessment, like The Omnia Profile, interprets that work language. It translates a person’s traits and preferences into a how-to guide on properly incentivizing, communicating and engaging your employees, telling you what the individual needs to be successful. IDENTIFYING CHARACTER TRAITS The first trait is assertiveness: It determines what motivates you. Individuals can have varying degrees of assertiveness, from the bold and forceful to the meek and mild. Naturally assertive employees are focused on personal accomplishment. These are the kind of people who excel in commission-based

sales positions and are on the lookout for opportunities for advancement, whereas cautious employees are team oriented and look for ways to help other people. The “assertives” can come off as being pushy or forceful, especially to the cautious crew, not because they are being a jerk, but because, based off past successes, they are motivated to get the job done their way. On the flip side, someone with a high level of caution could be seen as a pushover because they are willing to compromise and take direction. Neither are necessarily fair assessments. The next trait is often simplified as Extrovert vs Introvert, but that really just scratches the surface. Socially reserved employees are analytical and fact-driven;

their conversations tend to get to the point and give you just what you need to know. When you want specific information imparted to a customer, clearly and concisely, the analytic is the one to go to every time. Sometimes they can seem aloof to their gregarious counterparts, though. Socially confident employees are more emotionally based in their responses. It’s about how things make them feel and the connections they make with other people. They are great in positions where you need to network and have a lot of face time in order to build and maintain relationships. They can come off as being needlessly chatty to an analytic, though. The analytics want to get right to the task, while the sociable want to get to know each other better first, because that

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is how they build the bonds needed to feel a part of the team. Then there’s pace, which is all about sense of urgency and patience. I’m sure everyone knows that person who, if they aren’t working on 10 things at once, keeping all of the balls in the air, they aren’t happy. Those are the multi-taskers; they tell you they work best under the pressure of a deadline. Single-taskers, on the other hand, need to have things ordered and deal with them one at a time. They often come off as being overwhelmed in a hectic workplace, because they most likely are. They need to be in a job or environment where they can get through each thing on their plate before moving on to the next. This can be frustrating to someone with a dizzying sense of urgency, who may not understand that everyone is not wired the way they are. They often run into folks who see them as a whirlwind who doesn’t know how to relax, and who takes on more than they should. The last language clue comes from an employee’s need for structure and their attention to detail. Look at this as having either “results oriented” or “procedure oriented” priorities. An independent, big-picture person is not about, “Is this done perfectly?” but rather, “Is this done?” A structured, meticulous person, on the other hand, is viewed as a perfectionist who wants to make sure every procedure is carefully followed, because “That is how things get done right.” Often they end up with the same result, but take different ways to get there. Structured workers are often annoyed with an independent’s inclination to “wing it” and wonder why they have to go back over procedures with them to correct mistakes. Whereas an independent is more likely to wonder “Why are we still talking about this?” and if a mistake is made, where possible, correct it and move on.

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PLAYING TO STRENGTHS Each of these areas is a potential for conflict, but when you understand the people you are working with, it is also a tremendous opportunity. Very few people are completely off the charts in any of these four categories, but seeing where each individual is, and how that relates to the rest of the team, can help a manager better assess where personnel resources are being allocated and how to get the best out of them. It can also help co-workers understand why people do things a certain way, and what they can do to assist each other in a way that would be constructive rather than counterproductive. Using an assessment as a pre-hire tool can also help you avoid making costly mistakes, like hiring an aggressive competitor for customer service or a methodical single-tasker for a job where workload priorities are constantly shifting. This doesn’t mean you shouldn’t hire them; there are many reasons why someone 7.5X4.625 might otherwise be a great fit for a position, but having an General JGS Umbrella Program ad understanding of where potential conflicts are, can help you smooth out concerns before they become an issue.

Much like a love language, it is not just a single component that makes a relationship work. We have to think about how all the components of behavior interact with each other inside the same person. It’s about understanding what motivates each unique member of your team and how to adjust to that to make sure everyone is getting what they need to be the best they can. Knowing your work language, and those of the people around you, and being able to use that information appropriately, strengthens not just individual relationships, but the entire company. n

Carletta Clyatt, a popular seminar speaker, is the SVP at The Omnia Group. She offers clients advice on how to manage more effectively and gain insight into employee strengths, weaknesses and behaviors. For more information about employee behavioral assessments, call Carletta at 813-280-3026 or email: Carletta@omniagroup.com

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How to defend employment practices with an employee manual

handbook won’t stop an employee from filing a complaint or taking legal action against you. It will, however, help to protect you if either of those things ever does happen. Running your agency without an employee handbook is like playing football without a rulebook. Your handbook explains the rules, the boundaries and the penalties. Without it, you leave yourself without clarity and without protection. Here are two considerations for creating and implementing your employee manual. 1. SET GROUND RULES Among other items, your employee manual should address: • At-will employment, new hire and termination policies • Attendance, leaves of absence, work hours • Company communications, benefits, confidentiality • Compensation and pay policy, time-off benefits • Conduct (on- and off-duty), social media, workplace violence, harassment/bullying, substance abuse • Federal regulations (some topics may not be required based on company size) – EEO, Fair Labor Standards Act (FLSA) ADA, Title VII • Performance management, corrective action • Use of company property 2. REFEREE FAIRLY It’s important that you follow the policies in your “rule book” consistently. If the penalty is 15 yards for grabbing a co-worker’s face mask, then 15 yards it must be. This is true whether the employee is your brother who has worked for you for 10 years or a new hire who joined your agency 6 months ago. This doesn’t mean there isn’t room for judgment and discretion. It does, however, mean that any variation from the written policy needs to be backed by sound rationale (that you would repeat in the future given the same set of circumstances) and be clearly documented.

TIPS FOR TACKLING YOUR HANDBOOK DON’T GO it alone. IA&B members have access to support when creating (or enhancing) their employee handbook. Option 1: Do it yourself IA&B’s HR Solution© includes an employee handbook template that you can use as a starting point. It is fully customizable and ensures that you don’t have to start from scratch when developing an employee manual. IABforME.com/emp_mgmt Option 2: Call for backup Independent Agency Solutions, a subsidiary of IA&B, offers employee handbook preparation among its compliance counseling services. The process walks you through identifying your agency-specific practices and provisions to deliver a customized manual. IABforME.com/IAS

Editor’s note: This content was adapted from a recent HR Headquarters column, penned by Karen H. DiGioia and published in the January 2017 Primary Agent magazine. n

TECHNOLOGY UPDATE

USE BREACHES TO HELP YOUR AGENCY– Ryan Spelman Assists Q&A with Ryan Spelman, Senior Director for Business Development, Center for Internet Security By the Agents Council for Technology (ACT) News Team

Independent agencies can learn critical lessons from Yahoo’s massive cyber breaches and the Mirai botnet attacks. To sell in today’s market, agents must understand technology exposures, and to run a secure agency, management must understand the major trends. Ryan Spelman, of the Center for Internet Security, answers our questions.

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ACT News: Yahoo made headlines again—the third time in five months—for, this time, the compromise of a billion accounts. What can we in the independent agency channel learn from this? Ryan Spelman: The Yahoo breaches tell us a number of things. First, they represent an example of how valuable the data these companies have on us is. That is why they are targets of cyber criminals. Second, it tells us that even the big players with heavy security are vulnerable. There are attacks now at all levels of business and home. ACT: So our clients who don’t have privacy-breach insurance are really exposed. Spelman: Well, I’m not an insurance agent, so I can’t speak with expertise on the coverages, but I can say there are costs involved in discovering the extent of the damage and in rectifying things—financial accounts, credit scores, days off of work to deal with it all, copying costs, sometimes legal. For businesses, there would be notification issues to customers if their privacy was potentially affected.

DATA BREACH AT THE BEACH IF YOU’RE packing your digital devices to take along on your summer getaway, be mindful that thieves and hackers never take a vacation. If you haven’t already, now is the time to consider a full privacy and data breach policy for your agency. But bear in mind that, just like bathing suits, policies are anything but standard and offer varying amounts of coverage….

ACT: Yahoo is huge. But small businesses are still targets.

Considerations when exploring data breach coverage:

Spelman: Small businesses are targets. Most attackers that go after the big guys are very sophisticated. But there are opportunistic thieves targeting unlocked doors, so to speak. Those are smaller businesses that don’t have the high level of security larger companies can afford. Small businesses and individuals who don’t take basic security precautions when it comes to Internet use are setting themselves up for losses or for being used to attack others. Here’s what I like to say to businesses: there are two headlines that will follow a data breach at your company. One says: “Company Fails to Follow Basic Security Principles, Clients Compromised.” The other reads: “Despite Best Practices, Hackers Get In.” Which headline do you want?

• Endorsement vs. stand-alone policy: Endorsements generally provide weaker coverage (in terms of limits and coverage triggers) than stand-alone policies. What’s more, some stand-alone policies include coverages and services to help an agency contain and recover from a breach.

ACT: We’ve all heard the solutions: password changes, hardto-guess passwords, don’t open phishing emails, train your employees on cyber security. Spelman: Yes. People are getting breach-deaf. They hear the same warnings over and over and the same headlines of these huge breaches. They start to think it won’t happen to them. For some it’s a matter of money or time or expertise at their business or home. That’s why they don’t take enough precautions. But, as I say, they are the unlocked doors. Thieves of opportunity, when they find a locked door, go to the next house or the next car. It’s easy. Just do the basics.

• Geographic limitations: Some policies limit coverage to certain areas, while others offer worldwide coverage. Depending on where you travel, it’s worth reviewing. • Mobile device exclusions: It’s not uncommon for policies to exclude unencrypted mobile devices – or mobile devices all together. For many agencies, this is a deal breaker. As a reminder, My Agency at IA&B offers data breach coverage through affordable, tailored plans. Give us a call to discuss your options so you can relax at the beach (or wherever you go to unwind) knowing your agency is protected. IABforME.com/MyAgency

TECHNOLOGY UPDATE

ACT: Let’s talk about some of those basics. Spelman: It all begins with doing the little things right—changing your router’s default password and user ID, for example. ACT: True. They tell you to do that, but it’s a pain. If the installer doesn’t walk you through it, you might put it on the back burner. Spelman: Yes. But hackers scan buildings and neighborhoods for Wi-Fi connections like “Linksys” and then can run through a list of known out-of-the-box passwords to see if they can get in. At a further level of security, but still part of the basics, if you’re going to be taking banking or other financial information, you need to meet certain cyber security standards. If you can access the Internet via a computer, that computer can be hacked. Outsource that responsibility if you can’t do it well yourself. It’s a cost, but think of it as an essential cost to protect your business. ACT: Outsourcing sounds expensive. Spelman: There are some things that can be done for free. Web firewalls, email providers that stop spam and limit phishing, basic employee security awareness practices you can find for free on the Web. Updating software is crucial, and the patches are provided by the company for free. It depends on your in-house capability and priorities. If you want to save the time—to spend it on selling or developing clients—you’ll need to look for outside help. ACT: Say someone decides to outsource. How do they pick a reputable security company?

Spelman: References! Ask other business owners who they use. Turn to your local Chamber of Commerce for consultants or integrators. ACT: Fellow ACT members, too. ACT: Agents may be hearing about botnets, especially Mirai. Or their customers might ask. What can you tell us? Spelman: Botnets are programs that install themselves on computers without the users’ knowledge; then, they operate from your computer secretly. They can be used to flood a server or computer system, taking it down until a fee is paid to end the attack. ACT: Botnets have been used to shut down Sony’s PlayStation and other major companies’ operations. What should agents know? Spelman: With the growth of the Internet of things [often referred to as IoT], we will have way more devices than computers—cars, watches, Fitbits, thermostats, baby monitors, security cameras, etc.)—all tied to the Internet. If you have never changed the factory presets on your router or on the interface component of your device, you have a gateway for hackers to install their software, botnets if they use those. If hackers tap into your company’s Wi-Fi, anything that traverses that network that isn’t encrypted is free to hackers. Think of how much they can learn about a company by watching it remotely through the company’s own system. ACT: So botnets, email account hacking, stealthy spying via unsecured Wi-Fi, unencrypted data transmissions. There are so many things to deal with. Where does an agency that wants to take

JULY 2017

cyber security seriously for itself and its clientele’s insurance needs start? Spelman: There are some basic rules for everyone that all risk managers should follow. CIS, my organization, has produced a document called “Critical Security Controls” [cisecurity.org/ controls/] that walks readers through key steps to achieve good cyber security. You ask, where do they start? Start with inventorying your devices because there are many you don’t think of that are operating on your network. Printers, for example. Are all these devices configured for protection? You want to at least stop easy-opportunity hackers. Training employees not to open hacker emails or bad websites is also key. Employees are often the weakest link. Remember, most software that people and businesses buy isn’t set up for security. It’s set up for access. You have to take the right steps to secure your networks. You do fire drills and lock up at night for safety; why not take the same kind of steps for cyber security? n

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JULY 2017 6

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York, PA

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Mechanicsburg, PA

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