Primary Agent - June 2009 - DE Edition

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DELAWARE

IN THIS ISSUE

_______________ 5 ways to avoid HR turbulence How one agency handled absenteeism Talking shop with an aggregator advocate


I used to think EMC was ju st for niche commercial programs. Then again, I used to think that chocolate milk came

from brown cows.

MAKE EMC YOUR CHOICE FOR MAIN STREET BUSINESS When you think main street business, start thinking about the EMC Choice® Businessowners Program. Small and midsize businesses will enjoy the flexible coverage options designed to meet their specific insurance needs, the added value of free loss control services, plus the responsive service from an EMC branch office nearby. So if you still think EMC is just for niche programs, think again. Count on EMC ® for your main street commercial lines marketing, too. For more details, contact your local EMC branch office.

Valley Forge Service Office: 800.362.3620 | Home Office: Des Moines, IA

www.emcinsurance.com

© Copyright Employers Mutual Casualty Company 2009 All rights reserved


Real Time Service

with a Real Live Underwriter.

Do you remember when Real Time meant a relationship with a real underwriter? We do! Call. Quote. Bind. 1à }Ê/ * "½ÃÊV ÕÀÌi ÕÃÊ> `Ê«À «ÌÊV> ÊVi ÌiÀ]ÊÞ Õ½ Êëi> ÊÜ Ì Ê>ÊÀi> ÊÕ `iÀÜÀ ÌiÀÊ Ü ÊV> ÊV «>Ài]ÊµÕ Ìi]ÊL `]Ê> `Ê`i ÛiÀÊV ÛiÀ>}iÊÌ ÊÞ ÕÀÊi > Ê L ÝÊµÕ V ÞÊ> `Ê>VVÕÀ>Ìi ÞÊ`ÕÀ }Ê i]Ê Ã « iÊfive-minute phone call°Ê > }Ê/ * "Ê/ iÊ } V> Ê ViÊv ÀÊ> ÊÞ ÕÀÊ,i> Ê/ iÊ ii`ð

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Contents

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PRIMARY AGENT MAGAZINE

F i v e w ay s t o a v o i d H R t u r b u l e n c e Take a page from Southwest Airlines and learn how your agency can glide through the typically turbulent hiring and managing process with a few high-flying human resources tips.

Page 12

18

H ow an agency handled an employe e ’s a b s e n t e e i s m When one of her eight employees started habitually calling off of work, Angela Malizia fretted over what she could do. But with help from IA&B’s HR Solution©, her staff is present and accounted for once again.

Page 18 Talking shop with an aggregator advocate

22

Don Rumbaugh, an agency owner in his early sixties, is doing the opposite of many agency principals his age: He is bringing on sales people and planning to double the size of his agency in the coming years. Ask him why, and he’ll sing the praises of Best Insurance Group — the cluster he joined four years ago.

Page 22

In every issue 4 6 7 8 9 10

Chairman of the Board’s Message State News New Members Preventing Errors & Omissions Member FAQ Coverage Corner

15 17 26 28 28

Glance at Events IA&B Partners Technology Update Advertisers Index Classified Ads

Subscriptions: Non-member price: $2.25 per copy or $15 per year. All communications for publications, including news, features, advertising copy, cuts, etc., must reach the editor by 1st of month two months prior to publication. Advertising rates furnished upon request.

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.

Address inquiries to: Primary Agent Editor PO Box 2023 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. Postmaster: Send address changes to above address. Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2009-6) is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

Copyright 2009. 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.


GLOBAL REACH MEETS LOCAL TOUCHPOINT.

We’re one part international. Now part of QBE®, a multibillion dollar business with the global resources to support more than 2,000 independent agents in North America alone. Together we search the world for solutions to your most complex challenges.

We’re one part regional. Since 1925, General Casualty® has kept regional offices open and decision-makers in the field all across this state. We know our agents—and their clients—because we know the value of personal, accessible service.

We’re one. General Casualty and QBE, working together for you.

generalcasualty.com General Casualty is a registered service mark of General Casualty Company of Wisconsin. QBE and the links logo are registered service marks of QBE Insurance Group Limited. All coverages underwritten by member companies of QBE. © 2009 QBE Holdings, Inc.


Board of Directors Officers Robert J. “Buc” Cawley, AAI Chairman Wexford, Pa. Kathleen M. Glattly, ChFC, CLU, CPCU Vice Chairwoman Factoryville, Pa. G. Kevin Nemith, CIC Immediate Past Chairman Dover, Del.

Members Norman F. Basso, CPCU York, Pa. Vincent D. “Chip” Boylan Jr., CPCU Rockville, Md. Timothy P. Burris Thompsontown, Pa. M. Scott Clemens, CIC, CPCU, CLU, ChFC Souderton, Pa. John T. “Chip” Colwell Jr., CIC Corry, Pa. Robert B. Hall, CPCU, CLU, ChFC, ARM, ARM-P West Chester, Pa. Denise M. Kozel, CPCU Newark, Del. Linda A. McCann, AAI, CPCU, CPIW Salisbury, Md. Thomas G. McElhaney State College, Pa. Michael F. McGroarty Sr. Pittsburgh, Pa. Scott C. Rogers, CPIA York, Pa. David Rosenkilde, CIC Reisterstown, Md. Susan A. Sallada, CIC** Ft. Washington, Pa.

ROBERT J. “BUC” CAWLEY AAI

Chairman OF THE BOARD’S MESSAGE

Running a tight ship during a tidal wave of tough times By now the financial crisis has rippled through just about every segment of the economy — the independent agency system included. And as agency principals struggle to stay afloat, it’s often office oversight that sails off into the sunset. Before you drown in human resources headaches, take a few minutes to review this issue of Primary Agent magazine and grab onto a few lifesaving tips from people (execs at Southwest Airlines and at fellow IA&B member agencies) who’ve done it right. You’ll also find a wealth of legal and managerial material in the agency-operations information available on iabgroup.com. Association staff recently re-categorized the online content, so you can quickly and easily find the resources to help you run a tight ship. Of course the IA&B Web site also houses HR Solution©. The collection of members-only HR tools and resources is continually updated to reflect compliance and legal changes. If you haven’t registered for HR Solution© yet, it’s time to jump onboard. Until next time, keep your chin up and your head above water. Sunnier days are ahead!

William D. Schneider, CPCU, ARM* Pittsburgh, Pa. Robert A. Walbeck, CIC Homer City, Pa. David B. Wasson Sr., CIC State College, Pa. James M. Watkins* Dover, Del. King W. “Kip” White, LUTCF Fallston, Md. John S. Yasik, CIC Newark, Del. * IIABA National Director ** PIA National Director

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GET INSTANTLY BIG As soon as you join an SIAA Master Agency, you become instantly BIG by accessing the companies that you need in order to compete with and win against any agency. Your agency’s income and value will increase beyond any amount that you can generate on your own. Over 2,100 agencies like yours have increased their income and value by joining SIAA. Find out more by visiting our website at www.siaa4u.net.

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agencies Now over 50 nia in Pennsylva


Primary Agent | June 2009

State News Independent agents take Washington, D.C. by storm Ten DAIAB members congregated in Washington, D.C. April 29-30 as part of the annual Big “I” Legislative Conference & Convention. The event brought together hundreds of producers from across the country to advocate on regulation, licensing, health care reform, the National Flood Insurance Program and crop insurance. “With insurance regulation such a hot topic in Congress, it was especially important for us to make the trip this year,” said Buc Cawley, chairman of the IA&B Service Group. “Our members relayed their reservations with federal regulation and expressed their support of state regulation to benefit the industry and consumers.” The event began on Wednesday afternoon with a briefing by Big “I” staff. From there, Delaware attendees went to a reception, issues briefing and dinner hosted by DAIAB. The next morning they traveled to the Capitol, where they met with Sen. Tom Carper, Rep. Mike Castle, Sen. Ted Kaufman and their staff. “It was a great opportunity for our members to influence change on a national level while representing their local communities,” said Cawley, “and the congressmen were very receptive to their input and experiences.” Each year DAIAB hosts a limited number of members to attend the conference. Attendance is available on a first come, first served basis. Registration for the March 3-4, 2010 event will be announced via Agent Headlines late next fall.

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PAC a punch in Dover Commissioner attends DAIAB meeting

Weldin Stewart addresses DAIAB members at the April monthly meeting. Insurance Commissioner Karen Weldin Stewart was the guest speaker at DAIAB’s April monthly meeting, held at the Duncan Center in Dover. The commissioner: ◗ unveiled top priorities for her term, ◗ discussed her background as a receiver and the insight it has given her in assessing companies’ financial stability and ◗ explained her rationale for passing an emergency regulation on reserving for life insurance companies. The presentation was followed by a Q&A session during which Weldin Stewart addressed a number of topics, including the late 2008 workers’ compensation filings. Later this month, IA&B will announce its fall 2009 monthly meeting schedule in Agent Headlines and on iabgroup.com.

[7]

How to pick a PAC to support Independent agents in Delaware are represented by three PACs — AgentPAC, InsurPAC and PIAPAC. DAIAB oversees AgentPAC and uses the money to support friends in the Delaware House and Senate. The other two — InsurPAC, which is associated with the Big “I,” and PIAPAC, which is associated with PIA National — are national PACs. Both solicit contributions from agents across the country and use the funds to support U.S. Congressional candidates in Washington, D.C. DAIAB encourages support of all three PACs.

DAIAB Political Action Center This spring DAIAB launched its Webbased Political Action Center to provide members with the latest legislative and political news and opportunities to make their voices heard. It is updated frequently to reflect the most recent actions taken by the U.S. Congress and state legislature. By logging on, members can easily catch up on the federal and state issues that impact them as independent agents and smallbusiness owners. Plus, the Political Action Center simplifies involvement by providing a contact directory and template forms for use in communicating with legislators. Members can find a link to the Political Action Center on the left-hand navigation bar of iabgroup.com.

2009 Agency PAC Challenge There is still time to participate in the 2009 Agency PAC Challenge — a contest among member agencies to raise money for AgentPAC. The result will be a stronger, more viable political action committee (PAC) … and lunch for one winning agency. In April DAIAB concluded a successful employee campaign at association headquarters that raised $700 for AgentPAC. DAIAB encourages member agencies to hold their own employee challenge using a similar benchmark of $20 per employee. The agency with the highest average contribution rate per employee by June 30 wins. Additional information, contribution forms and FAQ sheets are available by contacting DAIAB’s Member Service Center toll free at (800) 998-9644 or locally at (717) 795-9100, option 0.


Primary Agent | June 2009

Preventing ERRORS AND OMISSIONS

UNDERINSURED/UNINSURED MOTORISTS — GETTING IT RIGHT

PAUL E. WALTERS Paul E. Walters is claims

Underinsured Motorists and Underinsured Motorists (UIM/UM) coverages are very important. They protect individuals when they are injured by uninsured drivers or drivers that carry low limits on their vehicles.

manager for Utica Mutual Insurance Company in Utica, N.Y. 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 Errors & Omissions coverage, contact IA&B at (800) 998-9644 or by e-mail at iab@iabgroup.com.

But how well is your agency protected from an E&O claim related to this coverage? When UIM/UM coverages are in place, injured parties can collect money from their own automobile policy to help compensate them for their physical and financial losses following an accident. The method by which this coverage can be offered will vary from state to state. In fact, some states mandate an insured execute waivers for UIM/UM coverage and waivers to disallow stacking of limits. There is a corresponding reduction in premium if an insured decides to waive coverage or stacking. In the past, waivers were collected by agents and filed by carriers. In the interests of budget cutting/streamlining, carriers now are mandating their agents keep waivers on file, which places a burden on

agencies to maintain those documents. Without a properly executed waiver on file, the exposure to agencies when a UIM/UM claim is made increases greatly. Take, for example, the case where an agency’s client was seriously injured and made a claim for Underinsured Motorists following the accident. There was a signed rejection of UIM in the agency’s file, and the carrier initially denied coverage based on the rejection. The law in that state was clear: If an insured rejects the coverage, he cannot collect. However, in this particular case the injured insured denied signing the rejection form, and claimed the signature was not his. He sued the carrier for $500,000, alleging there was no proper rejection on file. The law in that state was clear on this issue: Without a signed waiver, coverage is deemed to be in place. The carrier had a handwriting analysis performed by an expert, and the expert concluded it was not the insured’s signature on the [8]

rejection. The insured’s intent as to whether or not he wanted UIM coverage became a moot issue. All he had to show was that there was no properly executed rejection on file in order to collect. The carrier paid $500,000, and sued the agent for not obtaining a proper signature. The agent claimed he did not sign the form but could not say who did sign the form. The form had been mailed to the insured and returned with a signature, per the agent. Without any proof that the rejection was properly executed, the claim by the carrier was settled for $250,000. While it may be easier to merely send a form to an insured for his signature, the agency is exposing itself when a signature is challenged well after the fact. All UIM/UM waivers should be signed in the presence of an agent to avoid any confusion, challenges or claims against the agency. Another UIM/UM scenario that can lead to claims against an agency involves commercial auto policies.


Under either coverage, a claim for UIM/UM can only be made by either a named insured or an occupant of the covered vehicle. UIM/UM coverage will apply to a named insured even if that person was injured as a pedestrian or was a passenger in another car. Since many commercial auto policies list a business as the named insured, the agent must check with the principals of the business and inquire whether or not that person(s) wants to be listed as an additional named insured on the policy. There usually is no additional premium involved. Otherwise, the agency is exposed when a principal of a company is seriously injured. An example is a case where the agency’s client was a new customer of the agency for commercial auto coverage. The policy had $1,000,000

limits for BI and UIM/UM. The client company was owned by two partners, one being Mr. X. When the policy was written, neither of the owners was listed as additional named insured on the policy. Following the policy inception, Mr. X was killed while jogging. His estate made a claim against the UIM portion of the commercial auto policy. The carrier disclaimed based on the fact he did not qualify as an insured, as he was not in the course of his employment and he was not operating nor was he in a covered auto. Suit was filed against both the carrier and the agent. The estate produced a witness, the deceased’s daughter, who said she overheard her father discuss with the agent the need to be added to the policy. This was denied by the agent. The agency’s counsel had filed for a dismissal based on the fact that the agent owed no duty to advise the

partners of the need to be added as additional insureds. The court denied the motion, stating there was a question of fact as to the duty owed. The claim against the agency was settled for $150,000. Since it is easy to add a business owner(s) as an additional named insured on a commercial auto policy, ask the client(s) if he or she wishes to be added. Then document the discussion. Agents have been sued by carriers and their clients (personal and commercial) following auto accidents when there is a problem with either UM or UIM coverage. Protect your agency! Take steps to witness the signing of waivers and offer additional insured coverage to principals under commercial auto policies.

Member FAQ QUESTION:

ANSWER:

I work directly with the NFIP (no

To check the date of the current map, you can access the Community Status Book from the NFIP Web site. This listing, by state, will tell you the community name, number, date of the original map and date of the current map. There are quite a few 2008 and 2009 map effective dates for PA.

Finally, agents generally really benefit by getting aligned with a good Write-Your-Own (WYO) company.

To access this list, go to www.fema.gov/business/nfip and request the flood insurance library. You will see the community status book as a choice and then select the appropriate state. This is the “easy button.”

DO YOU HAVE A QUESTION?

?

Write-Your-Own company). The NFIP is redoing its flood maps and when I want to order the maps, I don’t know which ones have been updated recently and which have not. At this point, I have to

“pretend” to purchase a map in order to see the revision date, but that procedure is not user-friendly: I have to go into every little borough and township.

Is there an “easy button” to know if the township has had its flood map updated?

Another source of information is the agent section of www.floodsmart.gov, which has a partial listing of communities for which new maps are currently in the proposed status.

This answer was provided with the assistance of nationally recognized flood expert M. Rita Hollada.

E-mail 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!


Primary Agent | June 2009

Coverage CORNER

I’M CONFUSED — WHO AND WHAT DOES THE HOMEOWNERS POLICY COVER?

JERRY MILTON, CIC Jerry M. Milton 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, CIC and continuing education programs.

When attorneys and the courts argue over the terms and provisions of a contract, including insurance contracts, they often refer to those terms and provisions as being ambiguous. The definition of ambiguous is “susceptible of multiple interpretations.” Black’s Law Dictionary states, “Language in a contract is ambiguous when it is reasonably capable of being understood in more than one sense.” There are several provisions in the Homeowners policy that may or may not be ambiguous. I really don’t know if they are. But whether they are or not, I’m still confused by them. The following are a few examples. The Homeowners policy defines “business” as: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the following: One or more activities, not described in (2) through (4) below, for which no “insured” receives more

than $2,000 in total compensation for the 12 months before the beginning of the policy period.

Homeowners policy? I don’t think so. Go figure. The definition of “insured” in the Homeowners policy is as follows:

Incidentally, exceptions (2), (3) and (4) refer to volunteer activities and home day care services.

a. You and residents of your household who are:

Now, here is my question. We’re having a yard sale this weekend. Is that a “business” activity? Before you answer that question, you must ask if we had a yard sale last year. If we did, you must then ask how much we made. If we didn’t have a yard sale last year, then the yard sale this year is not a “business” activity. If we did have a yard sale last year, but made $2,000 or less, it’s still not a “business.” The yard sale this year is a “business” only if we had one last year and made more than $2,000.

2) Other persons under the age of 21 and in the care of any person named above;

If I received compensation of $5,000 for an activity last year and only $1,000 this year, is that activity a “business” under my current Homeowners policy? Yes. But, if I received no compensation last year and receive $100,000 this year, is that activity a “business” under my [ 10 ]

1) Your relatives; or

b. A student enrolled in school full time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: 1) 24 and your relative. Our 26-year-old daughter, Princess, is in graduate school at State University. She is currently taking 12 semester hours. Buster, who is our 24year-old son, has finally made it to his senior year at the same university. He’s taking 14 hours this semester. State University defines a full-time student as one taking 12 hours or more.


Based on the Homeowners definition of “insured,” neither of our children are an “insured” under our Homeowners policy. However, Buster decided to drop a three-hour course. He is no longer full-time as defined by the university. Is he now an “insured” under our Homeowners policy? If he is still considered a resident of our household, I think he is. And, I believe he would be considered a resident of our household. After all, we fully support him financially, he comes home frequently and he uses our home address on his driver’s license and other legal documents. The Homeowners policy is silent about students who are 24 and older and are part-time students. Finally, under Coverage C – Personal Property the following special limits apply: h. $2,500 on property, on the ‘residence premises,’ used primarily for ‘business’ purposes;

i. $500 on property, away from the ‘residence premises,’ used primarily for ‘business’ purposes. However, this limit does not apply to loss to electronic apparatus and other property described in Categories j. and k. below;

My personal computer was stolen from my car. It has a value of $2,500. How much will I be paid? $1,500 if I have a cable that allows me to plug it into the car’s power outlet. $2,500 if it can’t be plugged in because I don’t have a power cable.

j. $1,500 on electronic apparatus and accessories while in or upon a ‘motor vehicle,’ but only if the apparatus is equipped to be operated by power from the ‘motor vehicle’s’ electrical system while still capable of being operated by other power sources;

My business computer was stolen from a hotel conference room. It has a value of $3,000. How much will I collect under my Homeowners policy? $1,500 if I have that cable to plug it into the car’s power outlet. $500 if I don’t have that power cable.

k. $1,500 on electronic apparatus and accessories used primarily for ‘business’ while away from the ‘residence premises’ and not in or upon a ‘motor vehicle.’ The apparatus must be equipped to be operated by power from the ‘motor vehicle’s’ electrical system while still capable of being operated by other power sources.

Sounds like I don’t want the power cable if it’s a personal computer, but I do want it if the computer is used for business purposes. As I said earlier, I’m confused about certain Homeowners provisions. I still am. Now you probably are too. Y’all take care!

A-Rated Carrier Now Appointing New Producers in Pennsylvania, Maryland & Delaware! (More states to be added in the near future.)

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HUMAN RESOURCES

Five ways to avoid HR turbulence

Take a page from Southwest Airlines and learn how your agency can glide through the typically turbulent hiring and managing process with a few high-flying human resources tips.


Primary Agent | June 2009

I

am a fan of Southwest Airlines because it is so successful in an industry full of unsuccessful companies. A few years ago, Kevin and Jackie Freiberg wrote a book outlining its success: “Nuts! Southwest Airlines Crazy Recipe for Business and Personal Success.” Besides probably being the funniest business how-to book, it is still one of the best, and most lessons apply to insurance agencies. One issue so many agency owners struggle with is hiring employees who care about the agency. In the book’s words, “What does it take to get employees to assume ownership for a business, to truly take personal responsibility for its success?” Southwest has achieved this extremely well, so agencies may find some words of wisdom in their success.

1. Hire people that think like owners. People that think like owners will focus on the agency’s health, not just their jobs. As the book points out, ownership is a state of mind as much as a piece of paper.

One issue so many agency owners struggle with is hiring

2. Hire self-starters. This is particularly true of producers. A producer that just wants job security is not going to be successful. Southwest made potential pilots pay for their own $10,000 training with no promise of even being hired. The pilots had to pay for this training even before Southwest would interview them! That way, the training served as a screen. Only selfstarters made it to the interview process.

employees who care about the agency.

3. Share the profits. Suppose all the people you hire take ownership and are self starters, but then you don’t pay them for their success. I can guarantee the results won’t be positive. If you hire people that think like owners and take responsibility for their work and the agency, they must be treated like owners. Make bonuses serious sums so the agency’s interest is closely aligned with the employees’ interest. Make the bonuses significant enough to get the employees’ attention.

Once an agency begins successfully hiring good people — and keeps them — the agency will begin having a much easier

4. Listen.

time hiring even more good

Make sure your employees know you want their opinion. In every agency I visit, the staff knows more about what happens daily in the agency than the principals. Therefore, if you want to improve, you need their input. Most people want to make a difference in their jobs. Knowing they do enhances an agency and the employees’ lives. It makes recruiting good employees easier.

[ 13 ]

people. Success breeds success.


HUMAN RESOURCES

5. Communicate trust. Communicate consistency. Communicate goals. Again and again and again. I visit many agencies where the staff and even producers have lost faith in agency management for never following through on any initiatives. In these situations, management has violated all three of these tenants. They have not shown trust, they have not shown any consistency, and the agency’s goals are a mystery. The most important asset any agency has is its people. Once an agency begins successfully hiring good people — and keeps them — the agency will begin having a much easier time hiring even more good people. Success breeds success. This does mean giving up some freedom because any time we make a commitment to anyone, we are giving up some freedom. For some owners, this loss of freedom may be too much. If this is the case, admit it, and then stop complaining about the inability to get good employees. That is the potential price for hanging on to your freedom. However, if you can accept the loss of some freedom, these five simple suggestions make great sense, and I know every agency that follows them will enjoy more success.

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.

______________________________

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

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Glance at Events J U N E C A L E N D A R Date

Topic

Location

2

P&C Licensing

Mechanicsburg, Pa.

CISR—Commercial Property

Altoona, Pa.

P&C Licensing

Mechanicsburg, Pa.

CISR—Commercial Property

Pittsburgh, Pa.

4

P&C Licensing

Mechanicsburg, Pa.

8

CIC—Commercial Property

Lancaster, Pa.

9

CIC—Commercial Property

Lancaster, Pa.

CISR—Commercial Property

Philadelphia, Pa.

William T. Hold seminar

Mechanicsburg, Pa.

CIC—Commercial Property

Lancaster, Pa.

James K. Ruble Graduate seminar

Annapolis, Md.

CISR—Commercial Property

Mechanicsburg, Pa.

CIC—Commercial Property

Lancaster, Pa.

James K. Ruble seminar

Annapolis, Md.

CISR—Commercial Property

Frederick, Md.

James K. Ruble seminar

Annapolis, Md.

Mistakes That Lead to E&O Claims seminar

Salisbury, Md.

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CIC—Agency Management

Erie, Pa.

16

CIC—Agency Management

Erie, Pa.

17

CIC—Agency Management

Erie, Pa.

CIC—Life & Health

Allentown, Pa.

CISR—Commercial Casualty

Pittsburgh, Pa.

CIC—Agency Management

Erie, Pa.

CIC—Life & Health

Allentown, Pa.

19

CIC—Life & Health

Allentown, Pa.

23

P&C Licensing

Philadelphia, Pa.

CISR—Commercial Property

Reading, Pa.

P&C Licensing

Philadelphia, Pa.

CISR—Commercial Property

Scranton, Pa.

P&C Licensing

Philadelphia, Pa.

CISR—Commercial Property

Baltimore, Md.

3

10

11

12

18

24

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Don’t wait for a CISR course to come to you — access it from your desktop! CISR OnLine is an excellent way to complete a course you need that may not be scheduled in your area in the timeframe you need it. You can also mix and match the CISR OnLine course with classroom courses so you can still maximize the benefit of networking and face time with the instructor. Register for courses [ 12 ] online at iabgroup.com.


Platinum Profile FEATURED PARTNER: Mutual Benefit Group CHIEF EXECUTIVE OFFICER: Steven C. Sliver, President and CEO

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

COMPANY LOCATION: Huntingdon, Pennsylvania A.M. BEST RATING: “A-” (Excellent) WEB SITE: www.mutualbenefitgroup.com

T

here are 200 reasons why agents say they like to do business with Mutual Benefit Group. Our people. People they know by name. There’s Sally, who has been underwriting business in MBG’s Personal Lines Department for 45 years, and Elaine, who’s handled commercial accounts for 31. Patsy has 40 years’ experience in the Claims Department; Joyce has been programming computer applications for 37 years. For 34 years, Shelby’s been handling payments and answering questions about billing. Linda’s been with the company 32 years, taking more than 800 calls a day as a receptionist. Since 1908, Mutual Benefit has nurtured a relationship-driven corporate culture that provides uncommon support for its employees, who in turn deliver an uncommon insurance experience to agents and policyholders alike. The company enjoys a low employee turnover rate of six percent. Seventythree percent of employees have been with the company five years or more; thirty percent, 15 years or more. Mutual Benefit also makes a major commitment to professional development. In 2007, ninety-three percent of MBG’s employees completed at least one company-reimbursed education course with 26 earning a professional insurance credential. In an industry where expertise is critical and employee turnover is common, agents have commented on how much they appreciate knowing they will reach the same personable, experienced professional each time they call Mutual Benefit. As one agent put it, “In today’s

world, it’s very unusual to see any business have the same excellent staff continue to work for them for such an extended period of time as is the case with Mutual Benefit. The people at MBG offer prompt, professional service while never losing sight of adding a little friendly conversation along the way. I couldn’t imagine working in the insurance industry without Mutual Benefit Group.” Selecting and retaining top-notch professionals is just one of the ways Mutual Benefit exhibits its commitment to its 250 independent agents and its more than 80,000 policyholders. Supporting the independent agency system for 100 years has given Mutual Benefit a unique perspective on the importance of fostering strong business ties with agents. We understand how critical it is to remain accessible to agents, and how important it is to listen to their needs in order to respond in a way that benefits everyone in the business relationship. As the Insurance Agents and Brokers conducted their third Company Satisfaction Index Survey in 2008, Mutual Benefit Group for the third time

in a row placed among the top three insurance carriers in its area of operation, ranking number one overall in commercial lines and number two overall in personal lines. Mutual Benefit CEO Steve Sliver maintains that the company’s combined score for both commercial and personal lines distinguishes it as the best-performing company overall. “The survey results reflect our staff’s one-of-a-kind commitment to accessibility and responsiveness as they provide agents with the conscientious service, flexible underwriting, quality products, exceptional claims handling, and technological systems that agents demand and deserve.” As Mutual Benefit enters its second century in the insurance industry with a corporate culture dedicated to building strong relationships, it’s not surprising that “You Know Who we ARE (Accessible, Reliable, Experienced.)” We reaffirm our commitment to a strong rapport with agents, a rapport that elicits comments like this: “I treasure my relationship with Mutual Benefit and its many fine people. They always travel the high road.”


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,

PLATINUM LEVEL

BRONZE LEVEL

Berkley Mid-Atlantic Group

AAA Insurance

Erie Insurance Group

Agency Insurance Company

Harleysville Insurance

Briar Creek Mutual Insurance Company

Insurance Agents & Brokers Service Group Inc

Builders Insurance Group

Millers Mutual Group

Chubb Group of Insurance Companies

Millville Mutual Insurance Co

Companion Property & Casualty Group

Mutual Benefit Group Penn National Insurance Selective The Main Street America Group Travelers Utica National Insurance Group

Capitol Insurance Company

Encompass Insurance Foremost Insurance Group Friends Cove Mutual Ins Company Goodville Mutual Casualty Company Grange Insurance Companies Hanover Fire & Casualty Insurance Company Insurance Alliance of Central PA Inc

GOLD LEVEL

Insurance Placement Facility of PA

Progressive

Lebanon Mutual Insurance Company

SILVER LEVEL

Keystone Insurers Group Inc Mercer Insurance Group Merchants Insurance Group

Aegis Security Insurance Co

Penn Millers Insurance Company

choose the sponsorship

American Mining Insurance Co

Penn Prime Municipal Insurance

package that matches your

Cumberland Insurance Group

PMSLIC Insurance Company

commitment of support.

Frederick Mutual Insurance Co

Reamstown Mutual Insurance Company

Contact the Member Sales

Harford Mutual Insurance Co

Rhoads & Sinon LLP

Juniata Mutual Insurance Co

Rockwood Casualty Insurance

Center at (800) 998-9644, (717) 795-9100 or visit us online at www.iabgroup.com to get started.

MMG Insurance Company Private Client Group PSBA Insurance Trust

State Auto Mutual Insurance Company TAPCO Underwriters Inc The Brethren Mutual Insurance Company The Mutual Service Office Inc

The Motorists Insurance Group

Tuscarora Wayne Mutual Insurance Company

Westfield Insurance

UPAC Insurance Finance

Primary Agent June 2009


HUMAN RESOURCES

How an agency handled an employee’s absenteeism with help © from HR Solution


Primary Agent | June 2009

Issue When one of her eight employees started habitually calling off of work, Angela Malizia fretted over what she could do. “She said that she didn’t want to use vacation time and that we should just dock her pay,” said Malizia, vice president of The Lunar Agency Inc. in Newtown Square, Pa., “but we couldn’t afford to have someone away from that desk.” To further complicate the issue, after each time the employee missed a series of days, she returned to the office with a doctor’s note. Malizia wondered what — if any — recourse she had. “I didn’t know what I was allowed to say or do,” she said. “We were afraid of getting sued.”

Solution Malizia referred to the HR Solution© and enlisted the help of the on-call consultation service. From there a human resources professional walked Malizia through her options. “I learned that I couldn’t refuse her requests without making it an agency policy that employees must use vacation time first,” she said. “Then, because her excuses were not illnesses protected under the disability act, I could write her up.”

Each agency’s primary member (labeled as the Agency Administrator in IA&B’s database) can access HR

Malizia confided that initially she was fearful of the repercussions and probably wouldn’t have addressed the absenteeism without being able to rely on advice from the human resources consultant.

Solution© by logging onto

“When you’re a small-business owner, it’s hard to keep up with laws and changes and what you are and aren’t allowed to do,” she said. “It’s comforting to have these resources.”

navigation bar and then clicking

Result

Questions about re-assigning the

Today The Lunar Agency’s new employee handbook addresses absenteeism as well as a host of other issues. It’s the backbone of the agency’s human resources function … and it pleases Malizia’s EPLI carrier.

primary member status or

“Our EPLI carrier has been on our case to get an employee handbook,” she said. “The template included with the HR Solution© is great. If it hadn’t been for the template, our handbook would still be on the back burner.”

Member Service Center, available

Malizia also completed the HR Solution© audit and was pleasantly surprised to learn about the areas in which her agency was already compliant. “It reinforced what we are doing right,” she said. Malizia plans to rely on the HR Solution© when she hires new employees as well, citing how overwhelming the number of

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iabgroup.com, selecting Agency Operations from the left-hand the Employee Management link.

accessing HR Solution© can be addressed with the IA&B by calling (800) 998-9644, Option 0.


HUMAN RESOURCES

You know who we ARE RE state and federal forms are and how even lawyers aren’t always on top of human resources practices. “The HR Solution© is a great resource,” said Malizia. “I’m thrilled.”

You can’t put a price on reliability. For 35 years, Shelby Metz has been tallying premium checks and answering billing questions every Monday through Friday. Her accuracy, availability, and personal attention come included with each h policy. That’s reliability. That’s tthe he MBG Experience.

IA&B’s HR Solution© is a collection of human resources products and services available exclusively to members. ◗ HR audit: questionnaire to identify and provide guidance on areas of HR noncompliance ◗ HR handbook: template to create a legally compliant employee handbook ◗ HR administrative guide: guidance for implementing the employee handbook ◗ HR administrative tools: collection of forms and tools from the administrative guide in an easy-to-access format ◗ On-call consultation: access to HR professionals for base-level support ◗ Discounted professional services: 15% discount on professional services from Human Resources Management Associates, Inc.

[ 20 ]

MUTUAL BENEFIT GROUP Huntingdon, PA www.mutualbenefitgroup.com



AGENCY MANAGEMENT

Talking shop with an aggregator advocate

Don Rumbaugh credits his involvement with the Best Insurance Group for advancing his agency.


Primary Agent | June 2009

D

on Rumbaugh entered the industry in 1972 and opened his own agency, Rumbaugh Insurance, in Hanover, PA, in 1982. Now in his early sixties, Rumbaugh is doing the opposite of many agency principals his age: He is bringing on sales people and planning to double the size of his agency in the coming years. Ask him why, and he’ll sing the praises of Best Insurance Group — the cluster he joined four years ago. Clusters, also known as aggregators, are groups of agencies that combine their production volume while maintaining individual ownership. While their individual terms and arrangements vary significantly, the concept as a whole is catching on. According to the 2006 Future One Agency Universe Study, 19 percent of respondents said they were involved in an aggregate arrangement, with the largest percentage having annual revenues of under $1-2 million. “In today’s world, how do you have a $1 million agency and move on to the next level?” asks Rumbaugh, who points to the benefits of clustering for helping his agency do just that.

Clusters began in the 1970s and, by the 1980s, allowed aggregators to offer services

Inner workings Best Insurance Group can most accurately be described as a well-functioning family. There are the occasional disagreements, but the members look out for each other’s best interests. Instead of competition, there is genuine teamwork.

across state lines.

We complement each other the best we can,” says Rumbaugh. As proof, he tells the story of a female member of the group who ran across a good-old-boy network when quoting new business. She countered by taking along a fellow (male) cluster member to pitch the policy, and she walked away with the business. Rumbaugh also points to the benefits of a pooled knowledge base. From knowing where to go with a particular risk to updating his phone system, he relies on suggestions from the group. “It’s so demanding,” he explains. “A principal is supposed to know everything and be knowledgeable about HR, finance, training and dealing with insurance companies. You can get a lot of information from the group, including how to run an insurance agency.” Various aggregation models are structured differently, but members of Best Insurance Group each maintain their autonomy. “We’re spokes on a wheel,” explains Rumbaugh. “We run our agencies how we want to and come together for production and maximizing contingencies.”

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“In today’s world, how do you have a $1 million agency and move on to the next level?” asks Rumbaugh, who points to the benefits of clustering for helping his agency do just that.


AGENCY MANAGEMENT

Aggregate arrangements vary considerably, depending on their purpose, revenue streams, ownership and involvement with member agencies’ structures. They can be categorized into four models: ◗ agency franchise operations, ◗ agency platform operations, ◗ managed agency organizations and ◗ market access cooperatives.

However, they have considered merging their accounting efforts and are in the initial planning stages of adopting the same agency management system. “Our Philipsburg member e-mailed to say he was closing at noon due to an ice storm,” he recalls. “If we were on the same system, he could have redirected his agency’s calls to another member of the cluster.”

Carrier response Best Insurance Group holds two meetings per month – one for owners and another for producers. During the course of conversation, members will share their

[ 24 ]

recent experiences with carriers. When a company’s story does not match up or when multiple agencies are experiencing a similar problem, the group invites a carrier representative to attend a meeting and addresses the issue head on. “We don’t want special deals,” says Rumbaugh, “but collectively, we can make changes.” While an aggregator’s fewer contracts and additional distribution points benefit carriers, not all clusters behave as nicely as Best Insurance Group, and some companies are gun shy as a result.


“Some aggregators have thrown their weight around, and companies begin to think that all clusters are bad,” he explains. Recently he was approached by a carrier who would not write for a cluster.

Escape plan Aggregate arrangements have been known to cause problems for agency members as well — particularly when one member chooses to leave. In fact, according to the Big “I” Virtual University report “Evolving Options for Independent Insurance Agent & Broker Distribution: Aggregators, Alliances, Franchises & Networks,” separation from a cluster is the most common challenge for agencies. However, Best Insurance Group is structured more simply than some. “It’s selective to get in but easy to get out,” explains Rumbaugh. “There is no penalty for leaving, and I don’t get dictates from the group.”

Considerations Principals who consider entering a cluster are encouraged to research the opportunities and consequences thoroughly and talk with their legal counsel, tax advisors and carrier representatives. For those who find an ideal arrangement, the payoffs can be great. “I’m sold on this,” Rumbaugh offers. “I believe it’s the way to go for smaller agencies to grow.”

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Primary Agent | June 2009

Technology U P DATE

YOUNG AGENTS SPEAK OUT ON GENERATION DIFFERENCES AND TECHNOLOGY NEEDS ANGELYN S TREUTEL CPA Angelyn Treutel is treasurer, vice president, and chief information officer of Treutel Insurance Agency, as well as chair of the Agents Council for Technology (ACT). Angelyn can be reached at angelyn@treutel.com. Available online at www.independentagent.com/act, ACT is part of the Independent Insurance Agents & Brokers of America. For more information about ACT, contact Jeff Yates, ACT Executive Director at jeff.yates@iiaba.net. This article reflects the views of the author and should not be construed as an official statement by ACT.

A disturbing reality is that the insurance industry is aging, with the average age of agency principals at 51 and the average age of the agency customer base at 53. Current statistics indicate that there are 2.3 million workers in the insurance industry, and more than 1.0 million of these workers will reach retirement age in the next 10 years. Where are all of the young people? How do we attract them to our industry? And how do we position our agencies to succeed in the future? Out of the mouths of babes Last fall, ACT sponsored a technology forum at the IIABA

Young Agents Leadership Institute to discuss generational differences and technology preferences from the perspective of young agents. The group of more than 70 young people was predominately made up of Generation X (under age 46) and Millennials (under age 28). In the young agents’ opinion, Boomers (over age 44) are motivated differently from the younger generations and measure their success in life by their career achievements and seem to assess the productivity of their employees by the number of hours they put in. The X’ers believe they are more willing [ 26 ]

to try new things, are more impatient than Boomers because they want everything now and measure productivity by “getting the job done.” The Millennials are the most tech savvy with digital everything and are even more impatient than the X’ers because they don’t just want it now, they wanted it yesterday! The young agents suggested that the best way to describe the generations was to listen to how they greet their friends: Boomers will ask “How’s your job?” X’ers will ask “How’s your family?” And Millennials will ask “What did you do this weekend?”


Intermingling While everyone in the room smiled at the distinct differences between the generations, there was no dispute that the different generations need to understand one another and work effectively together. Some of the agents said they had been very successful in addressing the natural friction between producers and CSRs (particularly when the differences are generational) by taking the CSRs on client visits, so the CSRs have a better understanding of what the producers do and the support they need. Likewise, the producers discussed the CSRs’ workflow with them in order to gain a better understanding of their particular needs and frustrations. The young agents encouraged agency principals to support a discussion of generational differences within the agency and adopt flexible employee policies that are results driven and reflect the needs of the different generations. After all, generations are evolutionary, and each will change their perspectives based upon their life cycles of graduating from college, getting their first job, getting married, starting a family, buying a home, becoming absorbed in their careers and beginning preparations for retirement. The same is true of our customers. Advancing Young people are well suited for the insurance industry because they enjoy working in teams and working with people. They also have a keen insight into how other young people think and are more adept at soliciting young people as clients. With the profound changes in marketing that we are starting to see from the emergence of the Social Web (Facebook, Twitter, LinkedIn, etc.), the younger generations can teach established agencies how to be visible in cyberspace where the young and young-at-heart do their research, purchase products and network. What a wonderful opportunity we have as agents to begin to use these tools, not only to learn about new ways to communicate and network, but to establish a marketing presence to attract new clients. The young agents pointed out that the Social Web enables them to do virtual networking in a similar way to the in-person networking Boomers have excelled at in their communities. In fact, social networking is putting the person back into the Internet which promises to put relationship-oriented agents into a stronger position than when the Internet was dominated by large corporate direct-writing companies. Targeting younger consumers may be a longer term investment because the Millennials may not yet have a need for complex insurance products. But haven’t we discussed capturing these emerging customers when they are young, just as our competitors have done for years? Now we have the competitive insurance products to do it. We need to look at the lifetime value of these insureds because soon they will be starting families, purchasing homes and establishing businesses. If we [ 27 ]

have a presence on the Internet forums where they are comfortable and if we are capable of doing business their way, they will recognize us for what we are — their trusted advisor. Internet customers are known to lack loyalty, but agents still need to reach out to these customers, work to develop relationships and add value to their purchasing process. If a consumer gets a quote and a policy with no counseling, there is no value added and that customer is likely to change carriers frequently. But if an agent is able to insert herself into the process offering additional quotes, optional coverage and insurance advice, we can change the customer into a loyal client. As they become familiar with our services, they will seek our advice for their more complex coverage needs. Much research has shown that consumers may do their research on the Internet, but most people still want to do business with people and buy insurance from them. Venting Turning to the technology in the agency office, the young agents expressed extreme frustration with continued processing inefficiencies and voiced the immediate need for all carriers and agencies to embrace Real Time. Consumers demand a real-time response today, and we need to implement the tools to provide it. With Real Time, agents are able to work with their multiple carriers through their agency management systems and

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Classified

TECHNOLOGY UPDATE

ADVERTISEMENTS comparative raters, rather than having to log on and enter data into multiple carrier Web sites. Today’s consumers are bombarded with the advertising claims of direct-writer competitors who can provide quotes in only 15 minutes, and without Real Time processing, independent agents are unable to meet these consumer expectations because our archaic processes are too slow. Unfortunately, there is still far too much clerical effort required in the agency office, the young agents added. Agents need to demand Real Time from their carriers and MGAs, so they can provide direct value-added service to their clients and use their time to create relationships and make sales. The young agents said that carriers, too, need to be able to provide more of a personal touch and supply dedicated underwriters, rather than taking a 1-800-UNDERWRITER approach, as many carriers currently do. To be most effective, the young producers said they need their carriers to work with them to assist with complex coverage issues and risks that do not quite fit into the “black box.” And the young agents added: please let us know with whom to work if our underwriter is out of the office so that we can handle the risk promptly! Forecasting What new competition does the future hold? The young agents feel that Internet distributors, niche marketers and larger cluster agencies will be the forces to be dealt with over the next three years. With new technology emerging at exponential rates, the agency of the future will have great opportunities to leverage these new applications to expedite sales and servicing. Agencies that stay on top of technology by keeping up with the current versions of their systems and

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implementing available tools (such as Real Time, Commercial Lines Download and electronic information management) will be best positioned to take advantage of these new opportunities. Technology enables our machines to do the clerical and mundane work to free agents and CSRs to do what they do best — work with people and make sales. The young agents raised several additional useful and energizing ideas to add value for agency clients, such as offering chat capability on the Web site, creating specialized Web sites for niche marketing, providing customer access portals on Agency Web sites, using virtual meetings through the Internet with small business clients and researching and communicating with clients using social networks. What is the message? We need to continually reach out to youth, via the Internet and the Social Web, in our advertising and in our communities. Young employees are best positioned to attract young prospects. And agencies which are innovative with technology and have flexible employee policies that are results driven will be most likely to attract young employees. A perfect way to introduce young people to our industry is through IIABA’s Project InVEST. The Trusted Choice brand, likewise, offers agencies a modern and value-added identity that positions them well to attract the future generations of consumers and employees.

SOUTHEAST PA PRODUCERS & AGENCIES Professional agency located in Feasterville, Bucks County, Pa. Call for confidential information and a review of our services. Contact Ray Reinard at (215) 375-8600, Ext. 119.

If you would like to place a Classified Advertisement, simply fax your ad on company letterhead to (717) 795-8347, and we will take care of the rest.

Ad Index Commonwealth Insurance Co . . . . . . . . . . . . .21 EMC Insurance Compannies . . . . . . . . . . . . .IFC Eastern Dentists Insurance Co . . . . . . . . . . . . .14 General Casualty . . . . . . . . . . . . . . . . . . . . . . . .32 IA&B Series Ads . . . . . . . . . . . . . . . . . . . . .24, IBC IA&B Partners Program . . . . . . . . . . . . . . . . . . .17 Interstate Insurance Mngmnt. . . . . . . . . . . . .OBC KnightBrook Insurance Co . . . . . . . . . . . . . . . .11 Millers Mutual Group . . . . . . . . . . . . . . . . . . . .25 Mutual Benefit Group . . . . . . . . . . . . . . . . . . . .20 Penn Millers Insurance Co . . . . . . . . . . . . . . . .28 Preferred Property Program . . . . . . . . . . . . . . .20 Susquehanna Ins Agents Alliance . . . . . . . . . . . .5 TAPCO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1




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