Delaware Primary Agent - September 2019

SEPTEMBER 2019 DELAWARE

CRAIG MADER TALKS ADVOCACY AND GOLF

Exclusive Member Magazine LIABILITY AND YOUTH SPORTS COVERAGE FOR SPORT/RECREATION

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To find out more about what we can do for you and your customers, contact our Pennsylvania representative, Harry Larkin, at harry.larkin@grinnellmutual.com.

AUTO | HOME | FARM | BUSINESS

* Products available in Pennsylvania only

grinnellmutual.com

“Trust in Tomorrow.” and “Grinnell Mutual” are registered trademarks of Grinnell Mutual Reinsurance Company. © Grinnell Mutual Reinsurance Company, 2019.

IN THIS

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INSURING RVS, GUNS, AND … YOGA PANTS?

IA&B Education Consultant Kevin Amrhein, CIC, highlights sport/recreation coverage issues in the ISO Homeowner’s Policy.

12 ON THE COVER: Q&A WITH CRAIG MADER New IA&B Service Group Chairman Craig Mader talks legislative advocacy, volunteerism, and golf.

14 THE RISING SCORE OF YOUTH SPORTS HEAD INJURY CLAIMS

Read trends in youth head-injury claims and which of your customers should consider liability coverage.

IN EVERY ISSUE 2 3 4 6 8 10 22 24 26 28

Chair of the Board’s Message Claire-ification Preventing Errors & Omissions Coverage Corner News & Notes IA&B Partners Technology Update Education Pics & Posts Classified Ads

JOIN US ON SOCIAL MEDIA: Facebook.com/IABforME LinkedIn.com/company/IA_and_B Twitter.com/IA_and_B

THE RISING SCORE OF YOUTH SPORTS HEAD INJURY CLAIMS

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About IA&B IA&B is the premier resource and champion for independent insurance agents in Pennsylvania, Maryland, and Delaware.

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 # 2019-9, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B. Copyright 2019. All rights reserved. No material may be reproduced in whole or in part without written consent of the publisher. The information in this publication is general in nature and not intended to serve as legal, accounting, financial, insurance, investment advisory or other professional advice as to any reader’s particular situation. Users are encouraged to consult with competent legal, financial, insurance, investment advisory and/or other professional advisors concerning specific matters before making any decisions. We disclaim any responsibility for any decisions or actions by readers. Statements of fact and opinion in Primary Agent are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of IA&B. Participation in IA&B events, activities and/or publications is available on a non-discriminatory basis and does not reflect IA&B endorsement of the products and/or services.

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CHAIR OF THE BOARD’S MESSAGE

BOARD OF DIRECTORS INSURANCE AGENTS & BROKERS

A PLAN FOR OUR FUTURE

I

5050 Ritter Road | Mechanicsburg, PA 17055 800-998-9644 | IABforME.com

OFFICERS

Chair of the Board

am honored to be your IA&B Service Group chairman for the next two years. The trust that our board members have shown by placing me in this position is humbling, for sure. In contemplating my priorities (outlined below) for our organization, I’ve focused on our members’ feedback:

RECRUIT AND RETAIN YOUNG TALENT

Craig S. Mader Crofton, MD

Vice Chair of the Board

Richard M. Rankin, CIC Lancaster, PA

MEMBERS

Attracting and developing young talent is a major desire of members. Through the Futures Program and other outreach initiatives, IA&B will promote the value and economic rewards of this career choice; motivate young producers; educate account managers, producers, and support staff; and help build a talent pool.

Sarah M. Brown, CIC, CRM, AFIS Shrewsbury, PA

Emory Stephen Burnett, CIC, ARM Wilmington, DE

Andrew Enders, Esq. Harrisburg, PA

EXPAND OUR COVERAGE KNOWLEDGE Changes in our business are coming at us at warp speed: from autonomous vehicles and flexible coverage options, to the equipment breakdown and warranty coverages being developed as homeowners’ insurance enhancements.

The IA&B Education and Events Department will respond by developing and delivering cutting-edge coverage training.

Michael P. Ertel Sr.+ Columbia, MD

Len Gieseler, LUTCF Pottstown, PA

G. Greg Gunn, CIC* Lemoyne, PA

Bryan C. Hanes, JD Hagerstown, MD

PROTECT OUR INDUSTRY Our members must understand the perils that face them in their state capitols.

Our inaction creates a vacuum that is happily filled by those who see us as an unnecessary participant in the delivery of our products. Our IA&B lobbyists will identify the legislators who make and steer decisions, but effective advocacy requires money, and that money comes from AgentPAC – IA&B’s state-based political action committee. Remember, it’s our livelihood and the value of our agencies that we will need to help protect.

Lisa A. Leach Goth, CIC New Bethlehem, PA

Shannon Lipniskis Indiana, PA

Elizabeth H. Martin, CIC Millersville, PA

Mark J. Monroe

West Chester, PA

Michael A. Papa, CIC, MBA Hunt Valley, MD

POSITION FOR GROWTH Your association is in the midst of a huge technology upgrade that will enable IA&B to provide you with data analytics and with market access to place business outside of your carriers’ appetites. We are striving to meet your needs and demands. Information is king, and we will deliver powerful tools to help you grow your businesses.

This is a critical and exciting time for IA&B, and I’m honored to be a part of it.

D. Bradley Rosenkilde Jr. Hunt Valley, MD

Tara S. Silfies, CPCU Bethlehem, PA

Robert L. Smyrl Jr., CIC Hatfield, PA

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

J. Marshall Wolff, CIC, CPCU Easton, PA

Respectfully,

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

Craig Mader Chair of the Board

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SEPTEMBER 2019

Claire-ification IA&B Vice President - Advocacy Claire Pantaloni, CIC, CISR provided this month’s answer.

QUESTION: What’s the difference between a non-compete and a non-piracy provision in a producer agreement?

ANSWER:

Non-compete and non-piracy provisions are often referred to as restrictive covenants: They formalize restrictions in the agreement. There are differences between the two, however.

A non-piracy agreement is first and foremost about protecting your book of business and your customer and prospect list. The non-piracy precludes a producer leaving an agency from initiating any contact with a client of that agency, for a specified period of time.

A non-compete agreement is more restrictive than a non-piracy agreement and, therefore, more susceptible to challenge in court. A non-compete agreement states that a producer who leaves your agency may not work as a producer for a set period of time, within a certain geographical area.

Because it precludes an individual from earning a living in the line of business he/she is trained for, courts scrutinize the agreement and throw out excessive provisions.

So where a non-piracy agreement prevents that producer from soliciting any of your clients, a non-compete prevents that producer from soliciting anybody within the geographic region specified.

It is important to note that, before spelling out which provision to use, your agreement should be clear as to who owns the expirations, and therefore the client information, in the first place.

Often, disputes are driven by genuine differences of opinion that result from miscommunication, misunderstandings, and/or the failure to formalize the relationship.

Ask our experts!

Have a question? Rely on our team to find the answer.

Contact Claire: 800-998-9644, ext. 604 ClaireP@IABforME.com IABforME.com

Access the IA&B Producer Agreement Toolkit. The full resource breaks down and explains the important provisions of a producer agreement and how they work, plus it provides for non-piracy and non-compete templates.

IABforME.com/ ProducerAgreementToolkit

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

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PREVENTING ERRORS & OMISSIONS

LESSONS FROM SUPERSTORM SANDY Claims Scenarios and E&O Risk Management Solutions

By Utica National Insurance Group

W

hen each story was written about Superstorm Sandy, Hurricane Harvey, and Hurricane Florence, it was ultimately the flooding that produced the biggest financial loss.

Unlike with wind or other exposures associated with this type of occurrence, many insureds found themselves without flood coverage or with less than adequate limits following these powerful storms.

What can you do to help protect your agency from claims that you did not obtain adequate flood coverage?

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Where did many flood victims turn in search of the funding to rebuild their lives? Their insurance agency and their Errors and Omissions coverage.

The following are actual E&O claims associated with the peril of flood, along with suggestions regarding how to avoid them in your agency.

With the frequency and severity of recent storms and flooding events, it is even more incumbent upon agents today to inform insureds of the risk of flood and the availability of risk evaluation tools, mitigation techniques, and coverage through the government (NFIP) and/or private insurers. Failure to do so can lead desperate insureds to take action against their insurance agent.

FAILURE TO PLACE FLOOD COVERAGE

SEPTEMBER 2019

Claim No. 1: The insured is a long-term customer of the agency operating a retail shop written on a Businessowners Policy (BOP). Superstorm Sandy caused flood damage to the insured’s rented store, resulting in contents and inventory damage. The BOP carrier declined the claim. The insured sued the agency

for failure to offer flood coverage. The agency did not document their file that flood coverage was offered/declined.

The result was a $325,000 E&O claim with an additional $145,000 of loss adjustment expenses.

The E&O risk management solution is to offer all insureds the option to purchase flood coverage in writing, have the insured sign an acceptance or denial of coverage form, document the agency file, and repeat at each subsequent renewal.

FAILURE TO OFFER EXCESS FLOOD COVERAGE Claim No. 2: The agency placed an NFIP flood policy for homeowners that were insured with a $250,000 building limit. The agent recalls verbally offering excess flood coverage but did not document the file. The agency’s website proclaims that they are “flood experts,” having been named “agency of the year” at the National Flood Conference.

Superstorm Sandy destroyed the home.

The NFIP policy paid the full limits.

The insured sued the agency for failure to recommend and place excess flood coverage. The result was a $195,000 E&O claim with an additional $45,000 of loss adjustment expenses.

The E&O risk management solution is to offer all insureds the option to purchase primary and excess flood coverage in writing, have the insured sign an acceptance or denial of coverage form, document the agency file, and repeat at each subsequent renewal.

Take special care declaring the agency as an “expert” on its website or in other promotional material.

FAILURE TO PROCURE ADEQUATE FLOOD LIMITS Claim No. 3: The agency has written the insured’s building coverage, including flood, at the same limit for several years. The insured owned and operated

a manufacturing operation, under a different name, which occupied the building. The manufacturing operation was not a named insured under the flood policy, nor was contents coverage provided. Superstorm Sandy flooded the building. Flood damage to the building was covered, but there was no coverage for the tenant’s contents. The result was a $280,000 E&O claim with an additional $65,000 of loss adjustment expenses.

The E&O risk management solution is to offer all insureds the option to purchase flood coverage in writing, have the insured sign an acceptance or denial of coverage form, ask the insured if any changes have taken place in their business which would require additional coverage or limits, document the agency file, and repeat at each subsequent renewal.

FAILURE TO ADEQUATELY EXPLAIN FLOOD POLICY PROVISIONS Claim No. 4: The agency writes a large, complicated property policy for a supermarket chain encompassing numerous locations in multiple states.

The Flood coverage is provided with many unique coverage provisions. Superstorm Sandy caused flood losses at several of the insured locations. The flood claim adjustment accounted for the various provisions in the policy, resulting in the insured receiving far less coverage than they anticipated. The insured sued the

agency. The result was a $2,500,000 E&O claim with an additional $1,500,000 of loss adjustment expenses.

The E&O risk management solution is to review all unique coverages, policy provisions, exclusions, and limitations with the insured. Offer examples of how specific claim situations will be handled in the event of a fraud loss, have the insured sign an acceptance of understanding form, document the agency file, and repeat at each subsequent renewal.

All of the above examples show that flood insurance is a frequent cause of E&O claims against insurance agents.

Taking time to understand the flood insurance options, offering all options to your clients, and documenting their declination or acceptance of your proposal are sound customer service and E&O loss prevention strategies.

Insurance Agents & Brokers (IA&B) is the exclusive agent for the Utica E&O program in Pennsylvania, Maryland, and Delaware.

To learn more, contact IA&B at 800-9989644, option 3.

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.

FLOOD INSURANCE TEMPLATES Reduce your E&O exposure and educate your customers with IA&B’s template forms: Flood Insurance Notification and/or Rejection of Coverage IABforME.com/flood_rejection_form.pdf Private Flood Insurance Acknowledgement Waiver IABforME.com/private_flood_waiver.docx

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COVERAGE CORNER

INSURING ATVS, GUNS, AND … YOGA PANTS?

By Kevin C. Amrhein, CIC

T

his month, Primary Agent is focusing on sport/recreation activities; the stuff that helps us insurance folks and our families unwind from the grind.

I confess that my sport/demon-of-choice is a selfish one (golf), but when it comes to working with the good folks at IA&B, I fancy myself a team player.

So in the spirit of staying true to this month’s theme, this edition of Coverage Corner will highlight a few sport/ recreation coverage issues in the ISO Homeowner’s policy.

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RECREATIONAL VEHICLES – OWNED AND NOT “Recreational” is a term often used to describe vehicles designed mainly for use off public roads and is not specifically defined in the ISO Homeowner’s policy. First things first: Any insured who purchases any type of recreational vehicle (ATV, camper, golf cart, etc.) should strongly consider insuring it under separate cover. Reliance on a Homeowner’s (or Auto) policy to cover it – or a liability claim resulting from its use – is risky.

SEPTEMBER 2019

If the insured chose to forgo separate insurance or if the vehicle is non-owned, what if … … the vehicle’s use by an insured causes an injury or damage, such as a passenger falling off or damage to another person’s ATV? The ISO Homeowner’s policy contains a broad definition of “motor vehicle” which includes a recreational vehicle.

It also contains an exclusion (with exceptions) for “motor vehicle liability”

that is too lengthy to fully review here, so I’ll emphasize only three items.

1) Regardless of who owns it, the exclusion applies if the vehicle is or is supposed to be registered for use on public roads. Thus, covering the use of vehicles like motor homes and camper trailers could be a problem.

2) Assuming no other part of the exclusion applies (e.g. see item 1), an exception removes the exclusion if the vehicle is designed for recreational use off public roads and is not owned by an insured. This is good news for renters or borrowers.

3) Assuming no other part of the exclusion applies (e.g. see item 1), an exception removes the exclusion if the vehicle is designed for recreational use off public roads and is owned by an insured provided the occurrence takes places on one of the listed “insured locations” (a specifically defined term in the policy). While this doesn’t shut the door on coverage completely, this restriction is limiting and could easily cause an absurdly expensive liability claim (think traumatic head injury to a passenger) to be excluded completely.

What if … … the vehicle itself is damaged?

Not looking good here. Regardless of who owns it, the ISO Homeowner’s policy does not cover damage to a “motor vehicle” unless it’s 1) not required to be registered for use on public roads or property, and 2) is used solely to service a residence or is designed to assist the handicapped. Thus, while the insured also may use that ATV to service his/ her property, once it’s used for fun, the exception is done.

who purchases any firearm should strongly consider insuring it under separate cover or by endorsement. While the ISO Homeowner’s policy does not specifically exclude damage to firearms, there are notable limitations like perils insured against (example: no coverage for wear/tear/scratching), valuation (likely ACV), and a sublimit of $2,500 for the peril of Theft.

acquiring this stuff and not telling you, and the result could be inadequate personal property coverage that will anger them at claim time.

What if … … an insured’s use of a firearm injures someone or damages someone else’s property?

That’s all for now. Until the next round….

Cheers!

The ISO Homeowner’s policy says that an “occurrence” must be an accident.

Since the policy does not specifically exclude liability resulting from the use of a firearm, coverage would be there provided the injury or damage is accidental. That said, remember that illegal use of a firearm may not be covered as the insurer may exclude illegal use/criminal acts.

Expected or intended injury or damage (including that caused by the use of a firearm) is excluded. However, there is a notable exception for “reasonable force by an insured to protect persons or property.” Not surprisingly, the term “reasonable” is not specifically defined in the policy. It’s safe to say that its application to a claim is only determinable by a court.

SPORTS AND FITNESS GEAR

FIREARMS

Spending trends reported by market experts is proof that American society is more health and fitness-focused now than anytime in history. Sales of expensive gear and accessories have turned popular brands like Peloton (average cost of stationary bike = $2,245) and Lululemon (cost of a pair of athletic pants = $100+) into multi-billion-dollar enterprises.

“Firearms” is not a specifically defined term in the ISO Homeowner’s policy.

Some common definitions of this term exclude antique or collector firearms.

Thus, advance clarification on this term from the carrier is advised. Any insured

While pricey recreation gear like firearms and golf clubs are typically insurable separately – often resulting in broader coverage and better valuation – separate cover for pricey fitness gear is not as common. Your insureds are

It’s incumbent upon us to regularly remind our insureds that an annual inventory of personal property – and not just the big stuff like appliances and furniture – is essential.

Kevin C Amrhein, CIC, is IA&B‘s newest education consultant.

He works with our CISR and CIC programs, as well as our special topic seminars and live webinars. Catch him at one of our upcoming professional training offerings: IABforME.com/education.

CATCH KEVIN IN THE CLASSROOM Learn more from energetic new IA&B Education Consultant Kevin Amrhein, CIC, when he brings our special topic seminar, EPL and D&O: Insurance Protection for Leadership, to Delaware this fall. He’ll review the purpose and value of D&O, fiduciary liability, and EPL, and explain common misconceptions about these coverages and share claim and lawsuit examples.

EPL and D&O Insurance Protection for Leadership Oct. 17 | Newark, DE Register today.

800-998-9644, option 1 IABforME.com/SpecialTopics

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NEWS & NOTES

WHAT TO KNOW FROM DE LEGISLATIVE SESSION State lawmakers in Dover wrapped up the first year of a two-year legislative session on July 1 and will reconvene in January.

Here’s what you need to know:

Cybersecurity Bill The legislature passed House Bill 174, which will impose requirements on insurers and insurance licensees, including all agents and brokers, in the area of data security. Put forth by the Department of Insurance (DOI), HB 174 is based on the National Association of Insurance Commissioners (NAIC) model law, specifically: • Requiring the implementation of a comprehensive written information security program and • Establishing standards for the investigation of and notification to the insurance commissioner of cybersecurity events affecting licensees.

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Your IA&B government affairs team spent much of the legislative session in talks with the DOI, lawmakers, and insurance industry stakeholders and as a result, was successful in making several improvements to the legislation beyond what exists in the NAIC model.

Most notably, we were able to expand the provision that exempts agencies from the written information security program requirements. The NAIC Data Security Model Law exempts agencies with fewer than 10 employees, including independent contractors. Thanks to our advocacy, the Delaware version of the legislation increases that threshold to fewer than 15 employees, and removes the independent contractor language, thus exempting the majority of Delaware independent agencies.

HB 174 will take effect upon being signed into law, although licensees will have one year from the date of enactment to implement their information security program. At the time of this writing, the bill had yet to be enacted. Watch Agent

SEPTEMBER 2019

Headlines for updates on the law and specifics on compliance.

Auto Insurance Bill Also of note, lawmakers before leaving town passed HB 143 relating to auto insurance policies, which: • Extends the amount of notice that an insurer must provide to a private passenger policyholder before cancelling an automobile policy for nonpayment of premium from 10 to 15 days and • Sets standards for cancellation and nonrenewal notice requirements for commercial automobile policies.

HB 143 will take effect immediately upon being signed into law. Again, at the time of this writing, it had yet to be enacted.

If you would like more information regarding advocacy, contact Government Relations Director Lauren Brinjac at 800-998-9644, ext. 607 or LaurenB@IABforME.com.

DOI INVESTIGATES DOMINION NATIONAL DATA BREACH A data breach may have compromised personal data of 95,000 Delawareans – or 10% of the state’s population. Dominion National, an insurer and administrator of dental and vision benefits, recently announced the breach – which dates back to August 2010.

The Delaware Department of Insurance investigated the breach and determined that those impacted include current and former Dominion National policyholders, as well as those who had a plan for which Dominion National was the third-party administrator.

While Dominion National asserts that there is “no evidence that any information was in fact accessed, acquired, or misused,” the company began mailing notification letters to potentially impacted individuals in late June.

Protect Your Agency The Dominion National breach strikes close to home. Is your agency protected?

Contact IA&B Insurance Placement Specialist David Wertz, CPIA to learn about the benefits of a solid, stand-alone privacy and data breach policy.

Email DavidW@IABforME.com, or call 800-998-9644, ext. 506.

DOI TAKES AIM AT MISLEADING STATEMENTS The Department of Insurance (DOI) intends to separate fact from fiction with a recent bulletin addressing the upcoming changes to the sale of Medicare supplement insurance products.

In April 2015, U.S. Congress passed the Medicare Access and CHIP Reauthorization Act (MACRA).

Section 401 of MACRA prohibits the sale of Medigap policies that cover Part B deductibles to “newly eligible” Medicare beneficiaries. “Newly eligible” is defined as those individuals who: (a) have attained age 65 on or after January 1, 2020; or (b) first become eligible for Medicare due to age, disability or end-stage renal disease, on or after January 1, 2020.

The DOI, in Bulletin No. 31 dated May 15, seeks to explain the upcoming MACRA changes, as well as “to dispel myths and falsehoods” that they have learned are being disseminated. These falsehoods include statements that premiums for coverage under Plans C or F will be increasing to such an extent that individuals should purchase other coverage. The DOI explains: This is a misleading statement designed to induce policyholders to improperly switch coverage using marketing and sales techniques that are in clear violation of the Medicare supplement insurance laws and Delaware’s unfair trade practices laws. If Delaware finds such activity, the Department will take appropriate administrative action.

The bulletin took effect immediately.

JOIN US FOR CRAB FEAST Connect and unwind with industry friends at our annual Crab Feast.

The popular pig-out menu is back, with all-you-can-eat hard shell crabs, fried shrimp, corn on the cob, and seasoned fries. Plus, beer, wine, and soda are included. All for $40 per person.

Thursday, Sept. 16, 6-9 PM The Boondocks 825 Lighthouse Road Smyrna, DE Register today!

IABforME.com/DE_event 800-998-9644, option 1

REGISTER FOR FUTURES CONFERENCE Position your agency for success by registering your young and new talent for the IA&B Futures Conference, Oct. 8-9 in Bedford, PA. This two-day conference, at Omni Bedford Springs Resort, is designed to help young insurance professionals gain actionable sales, marketing, and leadership skills that will benefit your agency.

Register by Friday, Sept. 13.

IABforME.com/FuturesConference 800-998-9644, option 1

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IA&B PARTNERS PROGRAM

OUR FEATURED PLATINUM PARTNER 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.

OUR COMPANY Acuity

PRESIDENT & CEO Ben Salzmann

LOCATION

2800 South Taylor Drive Sheboygan, WI 53081

PHONE

1.800.242.7666

WEBSITE

www.acuity.com

A.M. BEST RATING A+

At Acuity, people make the difference.

Our focus is you: we take the time to know agents and their customers, and we deliver the right protection at a fair price. We’re motivated by customer satisfaction, which is why we earn a 95% satisfaction rating in claims and maintain a reputation for innovative products and service excellence.

We understand what people care about and promise to be there to help protect it. Acuity insures over 100,000 businesses, including 300,000 commercial vehicles, and nearly a half million homes and private passenger autos across 27 states. We generate over $1.5 billion in revenue through 1,000 independent agencies and manage $4.5 billion in assets.

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IABforME.com/Partners2019

In personal lines, Acuity provides true tiered rating programs in both auto and homeowners.

In commercial lines, Acuity offers monoline and commercial package policies, businessowners’ (BOP) forms, and endorsements designed for targeted classes of business, including contractors, truckers, retailers, service businesses, and manufacturers. We offer agents an expansive continuing education program featuring courses taught by expert Acuity staff as well as awardwinning video courses, all at no cost.

Acuity also offers independent agents stability that spans years of financial and operational performance. Rated A+ by both A.M. Best and Standard & Poor’s, Acuity is the only regional insurer to have been named to the Ward’s 50 list of top-performing property-casualty companies for 20 consecutive years. Named a Best Employer

by Forbes, Acuity also features remarkably low turnover among its more than 1,300 staff members, helping build stronger relationships.

THANK YOU Thanks to these partners for supporting the independent agent network.

PLATINUM PARTNERS ACUITY Agency Network Exchange LLC Donegal Insurance Group Erie Insurance Group Farmers Mutual Fire Insurance Company of Marble Insurance Agents & Brokers Service Group Millers Mutual Group Penn National Insurance Plymouth Rock Assurance The Main Street America Group

GOLD PARTNERS Chesapeake Employers Insurance Company Chubb EMC Insurance

BECOME A 2019 PARTNER TODAY Interested in becoming a partner?

Please don’t hesitate to contact us.

Jess McWilliams, Education Senior Director 800-998-9644, ext. 503 JessicaM@IABforME.com

Keystone Insurers Group Liberty Mutual Business & Safeco Insurance MMG Insurance Company Mutual Benefit Group Progressive Zenith Insurance Company 11

Q&A WITH

CRAIG MADER

C

raig Mader is president of Craig S. Mader Insurance Agency, a full-service independent agency in Gambrills, MD. He began as a sub-agent producer in 1984 and opened his independent agency in 1989. September marks the beginning of his two-year term as IA&B Service Group Chairman of the Board.

Q. Let’s start with something fun – baseball! We understand that you played for Oral Roberts University in Tulsa, OK. Tell us about your baseball career. And who’s your team today?

A. I started playing as a 7-year old in Bartlesville, OK. When our family moved to Kansas City in 1963, I began playing Little Leagues in the Kansas City suburb of Grandview, MO (claim to fame – childhood hometown of Harry S. Truman). By age 14, our league’s umpires began talking to their colleagues in Kansas City’s Ban Johnson League, a league for college players. I started playing in that very competitive league at age 15 and was scouted over my high school years.

Our high school didn’t have a baseball team, so summer leagues were my “tryouts.” I have great memories of those years when I played with and against

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so many good players. Satchel Paige even attended some of our games in downtown Kansas City. I was scouted by the Mets, Pirates, and Orioles.

Ultimately, the Midwest Scouting Supervisor for the Orioles arranged a four-year baseball ride to Oral Roberts University, which I chose over footballbaseball rides to Wichita State and Colorado State College in Pueblo.

I am forever a crazy fan of the Yankees during the ‘60s, the Mantle-Maris years, and a Kansas City Royals fan since their founding. I emulated George Brett as a hitter. Now, living in the Maryland suburbs, the Washington Nationals is the team I follow closely.

Q. You worked as a personnel manager and labor relations manager for Wonder Break/Hostess Cakes before taking a job in insurance. What prompted you to enter the industry?

A. I was grateful for a job in the late ‘70s and early ‘80s when the economy was in a malaise. As Labor Relations Manager, I was dealing with unions at bakeries in Cincinnati, Washington, D.C, and Richmond, VA. I could not have liked the job less. Regardless, I did well at it – well enough to be asked to consider taking the Chicago bakery job. That put me into a SEPTEMBER 2019

panic because it was the major leagues in unions: more than 30 union business managers, shop stewards, grievance meetings…. Made me ill to think about it.

In 1982, my father-in-law, a chartered life underwriter, introduced me to his personal property/casualty agent who was looking for someone to perpetuate his agency. We talked over the Christmas holiday in 1982 and then kept in touch. By September 1983, I resigned from the bakery. I took a semester of pre-licensing classes at Loyola University (it was a different time) and then went to work for him in January 1984 as a sub-producer. I wanted out of Wonder Bread and always thought about working for myself. It was an opportunity to challenge myself, and I didn’t want the regret of having never tried.

Q. You credit your mentor, Erie Insurance District Sales Manager Howard Miller, for boosting your insurance career. What did you learn from him?

A. Howard preached underwriting quality prospects and paying extremely close attention to loss ratios. All lines were calculated manually in the 1980s with Erie Insurance. He taught me

to rate commercial lines policies, the importance of re-underwriting and the impact on profitability, how to get off accounts, and skills in retaining business. It was all attention to detail, and it has served me well.

For whatever reason, Howard took a real liking to me. Early on, he steered me to two acquisitions of agencies in distress and helped me maneuver through a couple of challenging times. He also preached that the best foundation for a successful Erie agency was to have a large percentage of personal lines clients in the book.

Q. You’re passionate about legislative advocacy and are chairman of the IA&B of Maryland Government Relations Committee. What sparked your interest, and what would you like other member agents to know about IA&B’s advocacy?

A. It is frustrating that so many of our members seemingly do not have a keen awareness of the perils that face them in their state capitols – the legislative efforts that would drastically undermine their livelihood.

I’ve been close to our IA&B of Maryland lobbyist, Bryson Popham, for years.

There is no one more effective, more informed, and more connected, persuasive, and strategic than Bryson.

Like he has said many times, the most effective lobbying efforts are not centered around advancing new legislation but on preventing bad legislation.

These efforts require money, and that money comes from AgentPAC. Effective advocacy requires identifying the individual legislators who make and steer decisions, who promote or prevent the legislation that proceeds

to votes. Then (like it or not) financial support is the mother’s milk for access.

That’s why IA&B members need to support AgentPAC full throttle. It’s our livelihood that we need to protect, as well as the value of our greatest asset that one day will be monetized. PROTECT YOUR GREATEST ASSET! Q. You have been very generous with your time, serving on the IA&B Board of Directors since 2011. What drives your commitment to the organization?

A. My wife asks me the same thing, “Do you get paid for this?” No. “Well, why do you give that much time?”

Hey, we all want to believe that we’re an island, that we can do it on our own.

Truthfully, we’re all dependent on our carriers, our underwriters, our support staff and producers. But we are also dependent on our association to protect our agency businesses.

When Dave Rosenkilde, Butch Bradley, and Bob Klinger asked me to consider volunteering for the IA&B Board of Directors, I gave it serious consideration.

In one of my rare moments of deep thought, I realized that in my entire career I had never considered that I had been dependent on others to protect my turf. IA&B had been doing that on my behalf in exchange for a pittance (dues).

So I concluded that – for someone who has been around as long as I have, knowing many, many outstanding agents and agencies, knowing our Maryland lobbyist and enjoying that relationship – it was time for me to do my part to advocate for and work to protect this fantastically rewarding career.

Q. We understand that you like to golf on vacation. What’s your favorite course that you’ve ever played at, and why?

A. I not only like to golf on vacation, but anytime anyone asks. However, I am a weekender when it comes to golf, and my game suffers with lack of consistency.

(In fact, for the past two years, I’ve been wondering why I play at all….)

Nonetheless, I do enjoy it.

I’m no golf snob, I’m a hack. But I have played unforgettable courses. In July 2016 I visited the east coast of Scotland, playing St. Andrews Old Course, Carnoustie, Muirfield, North Berwyck, and St. Andrews Castle Course. But my favorite on that trip was Kingsbarns – simply spectacular, tiered holes down to the North Sea. I also loved Harbour Town at Hilton Head and Pebble Beach.

But my all-time favorite is in Central Oregon, outside of Bend, OR, called Aspen Hills. On a clear day every hole is back-dropped by snow-capped peaks. The air is absolutely crisp and no humidity – beautiful beyond description! The best tacos I’ve ever had are in a town not far away in Sisters, OR. It’s such a great venue that our annual group of eight, who meet every year to play somewhere, have played Central Oregon near the Sun River Resort five times in the past 15 years.

More locally, I have a place in Baywood Greens, DE on the 18th hole. That course is fantastic, and none is more beautiful.

13

14

THE RISING SCORE OF YOUTH SPORTS HEAD INJURY CLAIMS

By Denise Johnson

Will the surge in concussion-related litigation surrounding professional sports trickle down to youth sports? Read on for trends in youth head-injury claims and which of your customers should consider liability coverage.

15

I

n 2013 the NFL agreed to settle a concussion lawsuit filed by former players for $914 million. As concussion-related lawsuits continue to be filed against professional sports teams, equivalent claims and litigation will soon be seen in a variety of youth sports and non-professional organized sports leagues, according to partner Robin Dusek, a member of Freeborn & Peters Insurance/Reinsurance Industry Team.

A study released last year by the Institute of Medicine (IOM) that focused on young athletes five to 21 years old, found that concussions rates were higher among high school athletes than college athletes in certain sports, including football, men’s lacrosse, soccer, and baseball.

Concussion rates were also typically higher during competition than in practice, except for cheerleaders. Concussion rates were noted more frequently in children with a history of prior concussions and in female athletes.

The report found that while the typical concussion recovery rate among young athletes was about two weeks, in 10-20% of cases symptoms could continue for weeks, months, or even years.

16

SEPTEMBER 2019

Claims could be made against doctors, schools, executives, even homeowners. — Denise Johnson

Dusek, a Chicago-based attorney, said insurers should prepare for increasing claims arising from players and their families against non-professional sports leagues, including high school and junior high football, soccer, hockey, rugby, and lacrosse.

“We live in a litigious culture. There’s more awareness of this as a problem. I think that’s going to cause more people to take action and make them see it a lot of different ways because deep pockets are always an issue with litigation. I think it’s going to be particularly apparent with youth sports, because a lot of park districts and schools will be protected or protected to some degree by governmental immunity, and so they won’t be a viable target for a lawsuit,” Dusek said.

IMPACTED LINES The claims could impact several lines of insurance, according to Dusek. A medical malpractice claim could arise if a doctor failed to properly diagnosis a head injury and allowed an athlete to return to play. A homeowners’ insurance claim could arise as a result of a coach being sued for his or her alleged role in an injury claim.

“Individual coaches may be sued because a lot of coaches will have homeowners’ policies or other umbrella policies that protect them from liability, or protect their exposure to liability, I should say. Doctors who don’t take the necessary steps to make sure a kid doesn’t have a concussion, and then it turns out they have a concussion and they play and they get hit again and maybe have a more lasting impact because of that,” said Dusek.

Even with the possibility of governmental immunity, Dusek expects school districts will continue to be targeted.

“You may see some suits against school districts that, to get around the governmental immunity, are alleging more willful or wanton acts against the school district; that they should have known and the fact that there’s not a trainer on the sidelines, for example, during practice. That’s something that is not just negligent, but rises to a level that’s beyond negligence to try to get around the governmental immunity protection that a lot of schools will have,” Dusek explained.

Director and officer liability policies could also be implicated.

“If you look at, I guess a situation where a school board hasn’t authorized enough trainers to be available for games and practices, or they know that there’s a coach that is known to take risks with players and they don’t replace him or her. I think that’s certainly an area of exposure with school boards and with universities, with their board of directors and those types of situations,” the Chicago-based attorney said.

INSURER, GOVERNMENTAL RESPONSE According to Renee Callantine, a San Francisco attorney, claims for bodily injuries could present a variety of coverage issues, depending upon who the claim is made against and the policy under which the claim is tendered.

“If a claim is made against a coach or manager for personal injuries by a player, the claim may be tendered under a homeowners’ policy. This type of policy provides coverage for bodily injuries but, as relevant here, will typically contain exclusions for ‘business pursuits’ and ‘professional services,’” Callantine said. “The former applies to claims arising out of any business engaged in by the insured, and ‘business’ is interpreted broadly to include full or part-time activity engaged in for profit or gain.”

Callantine said that the “professional services” exclusion bars coverage for injuries arising out of the rendering or failure to render professional services. continued on page 18

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continued from page 17 “Again, most states interpret ‘professional services’ broadly as an activity normally undertaken for pay. Both exclusions would apply to claims made by coaches and others employed by schools to oversee the sports activity. The exclusions might also apply to voluntary coaches, as both have been found applicable in cases where the activity is undertaken free of charge, although the applicability in that scenario is a little less clear and will vary by jurisdiction,” Callantine said.

Claims tendered under a school or organization’s policy will be analyzed differently because those policies will not contain business pursuits or professional services exclusions. But the exclusion for “expected or intended” injuries may apply, depending on the facts of the case, Callantine said.

“[W]here the claims are brought against the directors and officers of an organization, they will typically be excluded from coverage under the standard D&O forms. This coverage is not intended to apply to bodily injury exposures and are typically specifically excluded,” Callantine added.

Other issues, according to Marsh, include multiple policy triggers, allocating claims to appropriate policy years and negotiating coverage agreements with multiple insurers. Marsh noted that insurers could seek to challenge coverage based on whether an injury occurred during the policy term, the “expected or intended injury” exclusion, lack of an “occurrence,” and known risk defenses.

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SCHOOL EXCLUSIONS As sports-related claims and litigation rise, concussive injury exclusions will begin to show up in school insurance policies.

“Insurance companies can play a role in making sports safer for participants because they can impose exclusions, impose certain requirements for making sure sideline tests for concussions are available or requiring that there has to be a certain number of trainers available,” Dusek said.

Besides adding exclusions to policies, insurers could raise premiums or impose safety requirements, the Freedman and Peters partner said.

“The insurance field can actually potentially make sports safer. I think they will use their ability to write in exclusions or write in requirements, increase premiums for school districts or park districts that don’t have certain precautions in place, that their premiums will be higher than another school district that has a lot more precautions in place. I think that the insurance world will make a difference in how all this plays out. My hope is actually that it makes a safer environment for those participating in sports,” said Dusek.

Some insurers have already begun programs to address sports-related concussion injuries.

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SEPTEMBER 2019

AIG insures more than 5,000 athletic organizations and sport camps, providing participant coverage, risk management services, and liability insurance. The company instituted “aHead of the Game,” which provides education and risk management to coaches, parents, and athletes.

Wells Fargo also initiated a program for schools and youth programs it

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insures. Play It Safe Concussion Care provides concussion testing and coverage for players.

Dusek said other measures insurers could take include defining what is and isn’t an occurrence and imposing aggregate limits.

Governmental entities could consider imposing damage caps.

WAIVERS What about signed releases or waivers?

“I’ve looked at the impact of releases in general in sports and whether athletes can sue for things that are arguably released.

It really is just going to be a case-by-case analysis,” Dusek said. “Whether the release really would be read by a common person to cover whatever damage is being alleged. Whether the school or the coach

or whoever’s being sued was acting within the sphere of what should be expected or were they being extra negligent or what the specific facts are,” Dusek said. “What it seems to me, and this is a general statement and individual cases can differ.

If it’s outrageous enough or if the damage is terrible enough, courts tend to find ways around a release.”

Some fear that overwhelming litigation against school districts and small youth organized sports teams could lead to the end of non-professional youth sports. But Dusek does not expect that to happen.

“It’s going to be interesting to see what plays out with this. There’s certainly a lot of … people who see value to kids participating in sports, and there is value to kids participating in sports. I think

right now we’re in a point where we don’t know enough about how to protect adults or children from lasting brain injury from their participation in sports,” Dusek said.

“As we know more that may allow sports to continue as they have been with maybe different helmets or different rules in place,” Dusek said. “But I do think it will have an impact, certainly, on the number of children participating in sports like football and hockey and possibly lacrosse, rugly, soccer.”

Denise Johnson penned this article for Claims Journal. Reprinted with permission from Claims Journal.

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TECHNOLOGY UPDATE

THE SECURITY RISKS OF AGING HARDWARE

By Dillon Fornaro

22

SEPTEMBER 2019

C

hange is inevitable. With the rapidly growing and ever-changing field of technology, many independent insurance agencies find it difficult to keep up. This puts their business at risk. Consider that Microsoft is ending support for Windows 7 and Windows Server 2008 effective Jan. 14, 2020.

These two operating systems are still widely used today. As of January 2020, security patches and updates for those systems will no longer be developed or distributed. To remain secure, agencies need to upgrade their hardware to current operating systems like Windows 10 ahead of that date.

Unfortunately, I find many agencies are resistant to upgrading their equipment and are delaying plans to upgrade. Why is that? Not surprisingly, they cite the investment costs associated with upgrading equipment. They also note a fear of disrupting operations. These reasons fail to account for the inherent security risks associated with continuing to use unsupported operating systems.

Many agencies don’t see themselves as a likely target given their relatively small size. As a result, they don’t feel it’s necessary to go through the hassle of upgrading equipment. However, thinking that the size of your agency makes you an unlikely target is a major misconception. Today, malicious users and hackers aren’t necessarily targeting companies based on their name, financials, or status. They are now probing public facing systems that are out-of-date, easy to get into, and most importantly, easy to find.

They can do this on a mass scale using a simple search engine.

Yep, a search engine. There are multiple search engines on the web that are dedicated to finding and listing vulnerable public facing systems. For example, Shodan, the most popular of these search engines, can be accessed by anyone for free. All you have to do is type a public IP address into the search engine, and if any known vulnerabilities have been associated with the address, they will be listed there. If none are listed there now, eventually they will be. It’s just a matter of time as security researchers are constantly updating the records based on their findings. Hackers are constantly writing programs to search through thousands of IP addresses, making the reconnaissance aspect of hacking a breeze and the probability of a company with out-of-date infrastructure being compromised very likely.

Improved security isn’t the only benefit of keeping your hardware up to date. Upgrading also results in your systems running faster and more reliably. It’s extremely important to have someone dedicated to the task of making sure your

Thinking that the size of your agency makes you an unlikely target [for hackers] is a major misconception.

— Dillon Fornaro

systems and software are up-to-date and staying informed on the known threats. Upgrade your hardware accordingly and make sure the software you are using is receiving the latest patches as they are released. While the costs may seem daunting, they pale in comparison to the total costs associated with a breach. These costs include costs to clean up, lost business productivity and sales, as well as damage to your agency’s reputation.

Jan. 14, 2020 will be here before you know it. If you haven’t already gotten started, it is important to talk to your IT department or service provider and develop a strategy for upgrading your aging equipment. The longer you wait, the higher the risk that your agency could be targeted.

As a security engineer at Kite Technology, Dillon Fornaro helps agencies protect their infrastructure and manage compliance.

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