IN THIS ISSUE JUNE 2016 Vol 12 Issue 5
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The Rewards of Socialism: Venezuela Wastes Away
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One of the reasons we continue to see nations devastated by Socialism is that Progressives, like all true believers, never learn from their misadventures.
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California Agent Arrested For Auto Insurance Fraud Donato Ramirez was arrested by California Department of Insurance detectives on two felony counts of auto insurance fraud after allegedly submitting fraudulent claims on behalf of his clients, resulting in a potential loss of $17,200.
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QQSolutions, a leading provider of agency management systems for thousands of independent insurance agencies, today announced record growth.
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Alert! Watch Out For Indoor Spy Cameras When Renting
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Conduct Criminal In Nature Excluded - Period. When the policy excludes coverage for a serious loss court are invariably called upon to interpret the wording of the policy to provide coverages for risks that the insurer never intended to take.
CA Agent Charged With Decade-Long Scheme To Defraud Insurer Verdugo allegedly used her position as a licensed insurance agent to take advantage of her insurer, which also happened to be her employer,”
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Concern over hidden cameras is growing, especially when it pertains to rental properties. In fact, right now Airbnb is involved in a lawsuit over just that.
$300,000 Workers’ Comp Scheme Results in Arrest Florida CFO Jeff Atwater announced the arrest of Oscar Matute, owner of Orlando construction company Matute Express General Construction Inc.
NASA Believes Mars May Be Emerging From Ice Age In fact, Mars may be experiencing “global warming” - and there is not an SUV, coal-fired power plant or an Al Gore in sight...
QQ Solutions Doubles Revenue, Grows Base
Premium Financing: A Win, Win For You & Your Client My reply to people when they ask me what I do for a living, is that I help business owners better manage their cash flow.
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Bain Capital Private Equity & Vista Equity Partners Acquire Vertafore Vertafore announced that funds affiliated with Bain Capital Private Equity and Vista Equity Partners have entered into a definitive agreement to jointly acquire the company.
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Tips To Best View the Insider From time to time I hear from a reader having difficulty viewing The Insider. Here’s a few tips to maximize your viewing experience..
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Berkshire Hathaway Shareholders don’t see Climate Change As A Risk Shareholders overwhelmingly rejected a resolution calling for the holding company to write a report about the “risks” that climate change may hold for its insurance companies.
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San Francisco Crime Rate Up 60% Since 2010 Serious crime rates are spiking while arrests are down 42% and Progressive city politicians can’t seem to make the connection.
Another Reason To Rethink Continued Muslim Immigration? With the national debate raging on the subject of continued Muslim immigration, 21 Muslim Somali-Americans are giving an additional reason to question whether or not Muslim immigration is good or bad - for America.
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25-Ton Hydraulic Press Deals With An Army of Gummy Bears
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Earlier this year, Ferreri faced trial on fraud charges after being accused of stealing more than $1 million insurance premium payments from his clients.
You know you gotta watch! Also - take a ride back to Earth on Jeff Bezos’ Blue Origin New Shepard Rocket Incredible...
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E.T. Call... For Insurance? Odd Question For Advisor
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A deep question, J.T. and we note that marijuana is legal now in Colorado. Go easy on that stuff. Still, your hypothesis about alien life is a current question...
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Are We Committing National Suicide?
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Barack Obama and his goal of allowing 10,000 Syrian refugees to be admitted to this country by the end of the federal budget year on September 30, 2016.
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Liberal Academia Destroying Black Lives “Blacks working to secure the presidency of Hillary Clinton or Sen. Bernie Sanders are wasting resources that could be better spent trying to reverse the tragic destinies of so many black youths.”
Florida Agent Gets 7 Years In Insurance Fraud Case
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Advertising
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Kim Komando
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Inside Track
In a scathing 83 page report from the US State Dept.’s Inspector General determined Hillary Clinton was lying when she made statements regarding her email during her tenure as Secretary of State.
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Insider Advisor
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Classifieds
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Say What?
Vaness Diaz, LMT, On The Benefits of Therapeutic Massage
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Back Issues
New Evidence Shows Clinton Lied On Email
The key to your pain relief is understanding the cause of your symptoms through holistic assessment, treating related contracted muscle and fascia and increasing your awareness...
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FEATURES
Florida Business Owner Arrested For $700,000 Workers’ Comp Fraud Florida announced the recent arrest of Raimundo Hernandez-Argueta, owner of Naples construction company Complete Framing Professionals (CFP).
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NEWS - OPINION
THE REWARDS OF SOCIALISM: VENEZUELA WASTES AWAY BERNIE: PLEASE PAY ATTENTION!
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ne of the reasons we continue to see nations devastated by Socialism is that Progressives, like all true believers, never learn from their misadventures. Dozens of countries can self-destruct under the yolk of Socialism - and you’ll never hear a single admission of failure from a Progressive. In fact, you’ll hear them calling for even more Socialism as the cure!
country, Millennials especially, Chavez, known as “El Comandante,” that Socialism is a great idea. died, he passed the helm to his hand-picked successor President While Bernie extols its virtues, Nicolas Maduro who promised to Venezuela’s crisis deepens under continue Chavez’s “work,” yet offers Socialism. There are critical no solutions to the current crisis. shortages of nearly everything, even water and electricity. Last month, 1.8 million Venezuelans Hospitals are working in the dark signed a petition seeking a and common folks are waiting in line for hours for a roll of toilet referendum to remove Maduro paper or a loaf of bread in all but but his chief political opponent, empty supermarkets. The country German Mavare, was assassinated now boasts one of the highest in early May. In socialist countries, opposition often means death. murder rates in the world. Leftist governments typically Hugo Chavez began this massive breed paranoid, homicidal leaders decline with the classic Progressive always ready to maintain power stance that he was all about “the with bullets when votes don’t poor,” yet nobody suffers more work. from his policies than the poor - with 720% inflation. When
Just witness Bernie Sanders, undaunted even while Venezuela, 1,350 miles to the south, crashes and burns under the throttle of a brutal socialist regime, continues to make the case that Socialism is a system we must try in the U.S. Sadly, he’s convinced much of the 4
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June 2016
NEWS
CALIFORNIA INSURANCE AGENT ARRESTED FOR AUTO INSURANCE FRAUD
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ANTA CRUZ, Calif. — Donato Ramirez, 38, of Freedom, was arrested by California Department of Insurance detectives on two felony counts of auto insurance fraud after allegedly submitting fraudulent claims on behalf of his clients, resulting in a potential loss of $17,200.
were purchased and the dates the vehicles were damaged in order to file claims. “I have zero tolerance for agents or brokers that violate their fiduciary r e s p o n s i b i l i t y ,” said Insurance Commissioner Dave Jones. “Licensed agents are in a position of trust and should be above reproach.”
Detectives uncovered evidence that after two clients' auto insurance policies lapsed, Ramirez Donato Ramirez, 38 This case is being placed new policies after the clients reported their vehicles prosecuted by the Santa Cruz were vandalized and requested County District Attorney's Office. to file claims. Ramirez allegedly If convicted, Ramirez faces up to misrepresented to the insurance five years in prison and $50,000 company the dates the policies in fines.
NASA BELIEVES MARS MAY BE EMERGING FROM ICE AGE
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lasted almost 370,000 years. The data indicates glacial activity, with the ice flows expanding and retreating over millions of years.
Recent radar data received from NASA’s Mars Reconnaissance Orbiter shows the polar ice is receding and the planet may be emerging from an ice age that
Scientists believe Mars was once a watery planet - much like Earth - but not yet understood forces have caused most liquid water to dry up, leaving only the polar ice caps and underground evidence.
n fact, Mars may be experiencing “global warming” - and there is not an SUV, coal-fired power plant or an Al Gore in sight.
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INSURANCE • POLITICS • TECHNOLOGY • PEOPLE A Publication of AdMax Corp., Inc. Corporate Offices P.O. Box 31551 Palm Beach Gardens, Florida 33420 Ron Manera, Publisher/Senior Editor Join Me On Linkedin: HERE Follow Me On Instagram: @rmanera 561.718.0745 • ron@insurmedia.com
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June 2016
TECHNOLOGY
ALERT! WATCH OUT FOR INDOOR SPY CAMERAS WHEN RENTING A HOUSE, APARTMENT OR ROOM
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Really Cool Info - by Kim Komando
n a recent trip, I hurriedly rented an Airbnb private home that only after I was there did I notice it was loaded down with a slew of indoor surveillance cameras. It got me thinking. What’s the legality of this? Is there anything I can do about it?
your guests about any security cameras or other surveillance devices at or around your listing, and get consent where required. The use of surveillance equipment may also be against the law in some places, so make sure you understand your local regulations.” The property that I rented
Concern over hidden cameras is growing, especially when it pertains to rental properties. In fact, right now Airbnb is involved in a lawsuit over just that. According to the case file, a woman claims that she believed the apartment she rented to be a private space, so she was frequently nude in the living room. Also, she and her travel companion discussed sensitive topics like finances and relationships that the camera’s microphone could have picked up.
I spoke with Nick Shapiro with Airbnb about my situation. He was quick to point out that Airbnb takes privacy concerns seriously. Had I not been informed of the indoor cameras and reported it to them, Airbnb would have actually put me up at a nearby hotel. They would also investigate the matter and if undisclosed cameras were found, that landlord’s listing on Airbnb would be terminated. That’s reassuring customer service from a company as big as Airbnb.
The company’s policy is summed up on its website, which says: “We expect hosts to respect their guests’ privacy. You must notify www.underwritersinsider.com
security cameras in the house. In retrospect, here’s a lesson learned. I should have asked the host some very pointed questions such as the exact number of cameras, the location of the cameras, whether the cameras were recording, and what happens to those recordings after my stay.
did disclose in the listing at the very end that there were Table of Contents
Laws on this sticky subject vary from state to state and sometimes, city to city. There is no over-riding federal law. But in general, local and state See Kim Komando Pg 46 June 2016
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INSURANCE & THE LAW
CONDUCT CRIMINAL IN NATURE EXCLUDED - PERIOD. Expert Analysis & Commentary by Barry Zalma, Esq., CFE
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Alford Plead Is Still a Guilty Plea
nsurance companies write policies to explain to the insured the risks they are willing to take and those they are not willing to take. When the policy excludes coverage for a serious loss court are invariably called upon to interpret the wording of the policy to provide coverages for risks that the insurer never intended to take. In Eberle v. Nationwide Mutual Insurance Co., Court of Appeals of Kentucky, — S.W.3d —-, 2016 WL 2609311 (MAY 6, 2016) the Court of Appeals was called upon to determine whether coverage was available to Michael Bishop the under a homeowner’s insurance policy issued by Nationwide Insurance Company (“Nationwide”).
BACKGROUND
intended to fire his gun at Eberle.
In 2011 Jacob Eberle, who was twelve years old at the time, was playing in Bishop’s neighborhood with a group of friends. Bishop, who was in his fifties, was at his home. The boys had been playing a game where they would ring the doorbells on houses and then run away before the occupants answered their doors.
Bishop was indicted on charges of assault in the first degree, wanton endangerment, and tampering with physical evidence. On July 26, 2012, Bishop pleaded guilty to class D felonies pursuant. Bishop’s plea agreement states: “Pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), I wish to plead “GUILTY” in reliance on the attached ‘Commonwealth’s Offer on a Plea of Guilty.’ In so pleading, I do not admit guilt, but Join Barry Zalma’s new Blog: I believe the evidence against http://www.zalma.com/blog me strongly indicates guilt and my interests are best served by a Eberle was struck with shotgun guilty plea.” pellets in his back, neck and right arm while he was on the The circuit court ultimately sidewalk in front of Bishop’s accepted Bishop’s plea and home. It is undisputed that the sentenced him to ten years’ shotgun pellets were fired by imprisonment on the Alford Bishop while he was standing on plea. his porch. It is unclear, however, whether Bishop actually At the time of the incident,
Barry Zalma, Esq., CFE, practiced law in California for more than 43 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He founded Zalma Insurance Consultants in 2001 and serves as its only consultant. 10
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Bishop held a homeowner’s should be resolved in favor of (“KRS”) 500.080(2), defines a insurance policy through Nation- the insured; and, 4) because the crime as “a misdemeanor or a wide. Bishop subsequently policy is drafted in all details by felony.” sought coverage for the June the insurance company, it must 2011 incident, under that be held strictly accountable for For the purposes of this homeowner’s insur-ance. the language employed. appeal, Nationwide’s exclusion Specifically the would apply to an policy excluded “act or omission Nationwide’s exclusion coverage for “bodily which is criminal in was brilliantly broad by injury” when: “(a) nature” such that it caused intentionally constitutes a felony eliminating the need for by or at the direction or misdemeanor conviction and simply excluding of an insured, including under Kentucky’s any conduct that was “criminal in willful acts the result Penal Code. of which the insured nature”. There was no need to prove knows or ought to know Eberle argues that that Bishop was convicted for the will follow from the allowing the criminal exclusion to apply. In this case it did insured’s conduct. (b) act exclusion to apply caused by or resulting not matter since Bishop was convicted to all misdemeanors from an act or omission would unjustly deny regardless of his use of the Alford which is criminal in insureds, like Bishop, plea. Jail was proper and he had no nature and committed coverage because by the insured.” it would exempt right to be protected by insurance for conduct most people his criminal conduct.” ANALYSIS do not necessarily consider to be An insurance policy is a criminally reprehensible. contract. Generally speaking, Criminal Acts Exclusion two parties of equal bargaining Bishop was accused of and pled power are free to contract to The exclusion provides bodily guilty to wanton endangerment any terms and conditions they injury is excluded from coverage in the first degree, a Class D negotiate with one another; if it is “caused by or resulting felony. While Bishop has denied with few exceptions, courts will from an act or omission which is that he intended to harm Eberle, not endeavor to rewrite such criminal in nature and committed he admits that he intentionally contracts for the benefit of one by the insured.” Eberle argues brandished his shotgun while in party or the other. Kentucky has that the term “criminal in striking distance of Eberle and adopted “four basic principles nature” is ambiguous because his companion. of insurance policy.” They are it excludes unintentional and as follows: 1) all exclusions are criminal conduct reasonable While standing on his porch, to be narrowly interpreted and persons expect to be covered Bishop brandished a shotgun all questions resolved in favor under homeowner’s insurance he knew or should have known of the insured; 2) exceptions policies. Kentucky’s Penal Code to be loaded and pointed it and exclusions are to be strictly provided the most logical, in the direction of two young, construed so as to render the reasonable, and consistent insurance effective; 3) any doubt definition of the term “crime.” See ZALMA Pg 43 as to the terms of the policy Kentucky Revised Statutes www.underwritersinsider.com
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June 2016
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NEWS
QQSOLUTIONS DOUBLES REVENUE, GROWS CUSTOMER BASE OF QQCATALYST AGENCY MANAGEMENT SYSTEM AS PART OF VERTAFORE PORTFOLIO
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eerfield Beach, Fla. – May 5, 2016 – QQSolutions, a leading provider of agency management systems for thousands of independent insurance agencies, today announced record growth of the company’s flagship agency management solution, QQCatalyst®. Almost a year after joining the Vertafore® portfolio, QQCatalyst has achieved a 55 percent year-over-year increase in customers and almost doubled revenue. In tandem with this announcement, QQSolutions is also releasing details on a new QQCatalyst integration that will offer personal lines ratings and quotes embedded directly within the platform. The recent success of QQCatalyst follows a year of unprecedented product innovation and new features specifically designed to help independent agents be flexible and efficient to compete in an evolving market. As technology budgets remain largely stagnant for independent agents, with 60 percent reporting no budget increases in 2015 (Aite Group), providing cost-effective, intuitive solutions are particularly critical
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to stay competitive. Jason eliminating the need to open Cass, owner of The Insurance a new program or enter data Alliance, has successfully twice. This latest enhancement leveraged QQCatalyst to is designed to streamline use of improve productivity while the comparative rater solution differentiating which, according Nearly a from the toMcKinsey, is a competition. critical selling tool Year after for agents who Becoming a “QQCatalyst is need to compile, Division of so good in so compare, and many ways. To present a range Vertafore, the customer of quotes from QQSolutions experience the office or on Achieves Record the go. Powered needed you will have to prospect, by FSC Rater® Customer and sell, service, and and PL Rating, Revenue Growth; cross-sell to many the integration types of people Launches will be available in our society all nationwide this Latest Product with different summer. Innovation with needs,” said Cass. “Being able to use “Our customers New Ratings API technology provide us with Integration.” freely allows a clear line of me to be niche, sight into what is versatile, and different than any essential for the success of their other agency. That gives me a business, which has translated competitive advantage and the to a year of product innovation client service that my customers and improvements built on need.” providing real value through intuitive solutions,” said Mark Additionally, the new QQCatalyst Malis, president of QQSolutions. rating integration will connect “Our recent success is owed to rating information across the the thousands of agile agents agency management system, that we work with on a daily Table of Contents
June 2016
NEWS basis, and we look forward to continuing our growth trajectory alongside them in the coming year.” About QQSolutions QQSolutions, a division of Vertafore, is committed to delivering easyto-use, innovative solutions that help agencies increase revenue and retention while becoming more productive and efficient. QQSolutions backs up its products with the best customer service in the industry and consistently earns customer satisfaction scores of over 92 percent. For more information about QQSolutions, visit www.qqsolutions.com and follow the company on Twitter, Linkedin, and Facebook. About Vertafore Vertafore offers the broadest and most adaptable technology solutions to better prepare the insurance industry for digital disruption. The Vertafore product line is built on a platform, empowering customers and other solution providers to adapt and thrive as the market changes. Vertafore’s platform features fast innovation, partnerships www.underwritersinsider.com
with the best technology companies, and customizable solutions to help companies remain independent during a time of industry disruption. As the leader in modern insurance technology with the largest customer base in the industry, Vertafore connects every point of the distribution channel, from agencies and carriers to MGAs, MGUs, and state governments.
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For more information about Vertafore, visit www.vertafore. com, read the company’s blog, and follow the company on Twitter, Linkedin, and Facebook. © 2016 Vertafore Inc., Vertafore®, QQSolutions®, QQCatalyst®, FSC Rater®, and the Vertafore logo are trademarks of Vertafore and its subsidiaries. All rights reserved. Instagram! Follow Me: @rmanera
June 2016
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NEWS
$300,000 WORKERS’ COMP SCHEME RESULTS IN ARREST OF ORLANDO BUSINESS OWNER
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rlando, Fla. – Florida Chief Financial Officer Jeff Atwater today announced the arrest of Oscar Matute, owner of Orlando construction company Matute Express General Construction Inc. Matute is alleged to have misrepresented information regarding Matute Construc tion’s employees and payroll when applying for a workers’ compensation policy. By doing so, Matute avoided at least $300,000 in workers’ compensation premium payments. Workers’ compensation policies protect employees in the event of an on-the-job injury and if proper policies are not in place, injured employees could face lost wages and costly medical expenses to cover. After discovering significant discrepanciesbetweentheamount in payroll checks that were being cashed and the amount of payroll that had been reported on the business’ workers compensation policy, workers’ compensation compliance officers working for the Department of Financial Services began questioning the
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company’s number of employees and total payroll figures. After failing to comply with multiple requests for financial documents, compliance officers visited two different Matute Construction work sites and workers on both sites confirmed that they were paid by Oscar Matute.
Workers’ compensation policies are calculated by factoring in a company’s total payroll and number of employees along with the risks associated with the company’s field of work, among other factors. Investigators discovered that Matute lied when obtaining a workers’ compensation insurance policy from Commerce & Industry Insurance Company to cover Matute Express General Construction Inc. He did so by grossly underreporting the company’s payroll. During the dates represented on the Credit: Creative Commons policy paperwork, more than $2.7 million in payroll By utilizing multiple money checkers were cashed, far more service businesses in Orlando and than the $148,000 that was Jacksonville to cash his company’s reported. payroll checks, Matute was able to conceal hundreds of thousands Matute was arrested and charged of dollars in unreported payroll; a with workers’ compensation common method used to bypass premium fraud and engaging workers’ compensation statutes. in an organized scheme to By misrepresenting the amount defraud, both of which are first of Matute Construction’s payroll, degree felonies. This case will be employees and the businesses prosecuted by the Office of the operations Matute was able to State Attorney Angela Corey of avoid more than $300,000 in the Fourth Judicial Circuit and if workers’ compensation premium convicted, Matute faces up to 20 dues. years in prison. Table of Contents
June 2016
DISCOVER THE POWER OF WE a better way to sell insurance.
At WE Insure, our primary role is to develop and manage insurance agencies’ growth and sustained excellence, building strong relationships with its policyholders and insurance companies.
Chief Executive Officer
weinsuregroup.com/franchise Table of Contents 855.483.3901
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NEWS
CALIFORNIA AGENT CHARGED WITH DECADE-LONG SCHEME TO DEFRAUD HER OWN INSURER-EMPLOYER Agent allegedly scammed insurer to avoid paying for insurance while also collecting sales commissions
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AKERSFIELD, Calif. - Valerie Ann Verdugo, 38, of Bakersfield, was scheduled to be arraigned May 4th on felony insurance fraud charges for obtaining insurance coverage without paying the carrier on those policies for more than a decade. "Verdugo allegedly used her position as a licensed insurance agent to take advantage of her insurer, which also happened to be her employer," said Insurance Commissioner Dave Jones. Verdugo, a licensed agent, surrendered herself to the Kern
Valerie Ann Verdugo, 38
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County Sheriff's Department and was booked on one felony count of grand theft and one felony count of embezzlement.
Evidence revealed Verdugo did the same for a number of friends and family, ultimately allowing more than 70 policies to lapse and then rewriting them. According to investigators, Verdugo's scheme not only provided her with insurance coverage she did not pay for but led to Farmers insurance losing more than $11,000 in uncollected premiums.�
An investigation by the Department of Insurance's Investigations Branch uncovered evidence that while working for an insurance agency in Bakersfield, Verdugo would allow her own personal auto and homeowner policies to lapse when premiums were due and then simply write a new policy with minor changes to avoid detection by auditors.
When the premium was not paid and the policy lapsed again, Verdugo would allegedly repeat the transaction scheme. Evidence revealed Verdugo did the same for a number of friends and family, ultimately allowing more than 70 policies to lapse and then rewriting them. According to investigators, Verdugo's Table of Contents
scheme not only provided her with insurance coverage she did not pay for but led to Farmers insurance losing more than $11,000 in uncollected premiums for insurance coverage the c o m p a n y provided.
The Kern County District Attorney's Office is prosecuting this case. Department of Insurance investigators served Verdugo with a license suspension order on April 16, 2016.
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SPOTLIGHT
PREMIUM FINANCING:
A WIN, WIN FOR YOU AND YOUR CLIENT by Jorge Hernandez, President/CEO FinanceJorge.Com
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y reply to people when they ask me what I do for a living, is that I help business owners better manage their cash flow. This is especially important when they are just starting out or experiencing marketplace issues that are putting a strain on their pocketbooks. With the costs of doing business these days heading up, potentially so are the costs of your insured’s insurance premiums. We all dread that call at renewal time when we have to break the bad news to a client about what his insurance premium is going to look like this year. You know that call. Been there, done that.
on a 12 month annual insurance premium. The repayment term is important since, there will be no I’m glad you asked… My answer is collateral for loan since the premium will be have no value after the 12 simple. Cash baby, Cash is king. months and it will be time to renew The fancy financial is term is him and premium finance his new leverage, but in a real world, premium then. leverage is something that you and Please tell me I can provide to your insured by again how that works? providing a financing arrangement for his insurance costs that will help him to keep more of his cash in hand Ok, this isn’t a jump through twenty to meet business needs while still hoops and roll over bank loan. Speak allowing him to purchase insurance Spot. Woof! necessary to keep his business in operation. Borrowing through a Insurance Premium Financing is a premium financing loan gives you’re very easy process with very simple insured’s access to an additional loan documentation. source of low-cost capital. The loan itself is normally bound This keeps that cash that they might by a simple two-page contract normally have had to us for the produced locally via the internet payment of their insurance in their and available immediately for bank account for use elsewhere printing and signatures by you and such as on operational expenses, your insured.
How do I save my renewal?
payroll, equipment or materials. Leverage equals availability of cash Collect your downpayment, upload and in the small businessman’s it electronically to your premium finance provider and kick on back. world, cash is king. That’s it! Premium financing is simple. It is a loan product that has been around since the 1950’s. It is collateralized by the value of the unearned portion of the insurance premium of the business owner who then is obligated to repay the loan over a set period of time. Jorge Hernandez
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Normally 9-10 payments based Table of Contents
Acceptance and funding to your markets or your agency normally takes place within 24 hours. The premium finance company then makes sure notices get sent out to all interested parties, payment coupon books get sent to your insured. See Why Premium Finance? Pg 49 June 2016
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NEWS
BAIN CAPITAL PRIVATE EQUITY AND VISTA EQUITY PARTNERS ACQUIRE VERTAFORE FROM TPG Leading private investors partner to acquire the insurance industry’s largest technology company
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othell, Wash. – May 2, 2016 – Vertafore, the leader in modern insurance technology, today announced that funds affiliated with Bain Capital Private Equity and Vista Equity Partners have entered into a definitive agreement to jointly acquire the company from TPG Capital. The sale is expected to close during the third quarter. Additional terms of the transaction were not disclosed. “We are thrilled to be working with two great private investors like Bain Capital Private Equity and Vista Equity Partners to fuel the future growth of Vertafore, and are looking forward to a great partnership that will benefit our customers, our employees, and our industry,” said Jeff Hawn, Chairman & CEO at Vertafore. “We are also thankful for the strong leadership and support from TPG over the past six years and appreciate all they’ve done to prepare us for the next phase of our company’s growth." With over 45 years of deep industry 18
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expertise, more than 500,000 "Vista is enthusiastic about insurance professionals trust Vertafore's software and Vertafore® technology every day information solutions, employees, across each point of the insurance and the vast customer base they value chain, utilizing solutions in serve today,” said Brian Sheth, Cothe company’s product portfolio Founder and President of Vista. including leading products such “We’re eager to work with the as the AMS360® team to continue and Sagitta® The acquisition to develop best-inmanagement of Vertafore class products and s y s t e m s , services for the comes just a month ImageRight®, and insurance industry, Sircon® agency grow the business, after Vertafore and carrier and expand expanded its reach solutions. market share.”
and capabilities
“Vertafore is a been a by acquiring Keal “It’s market leader privilege to be a Technology in with mission part of Vertafore’s critical product Canada, and less t r e m e n d o u s offerings for growth over the than a year after insurance brokers last six years,” and a compelling said Bryan Taylor, the purchase of business model,” Partner at TPG QQSolutions said Ian Loring, Capital. “Vertafore in Florida, both a Managing has become a Director at Bain clear leader in providers of Capital Private the industry by cloud software Equity. “The expanding its company has been product line, to independent at the forefront strengthening its of product insurance agencies.” workforce, and innovation and putting increased bundling solutions to help make resources toward R&D. Today’s agency management more announcement is the result efficient. We look forward to of many years of hard work partnering with Vertafore to drive and the culmination of a great further growth and customer partnership with Jeff and the satisfaction.” Vertafore management team.” Table of Contents
June 2016
customers and other solution providers to adapt and thrive as the market changes. Vertafore’s platform features fast innovation, partnerships with the best technology companies, and customizable solutions to help companies remain independent during a time of industry disruption. As the leader in modern insurance technology with the largest customer base in the industry, Vertafore connects every point About Vertafore of the distribution channel, from Vertafore offers the broadest agencies and carriers to MGAs, The acquisition of Vertafore and most adaptable technology MGUs, and state governments. comes just a month after solutions to better prepare For more information about insurance industry Vertafore, visit www.vertafore. Vertafore expanded its reach the and capabilities by acquiring for digital disruption. The com, read the company’s blog, Keal Technology in Canada, Vertafore product line is built and follow the company on and less than a year after the on a platform, empowering Twitter, LinkedIn, and Facebook. BofA Merrill Lynch is serving as the exclusive financial advisor and Ropes & Gray LLP as the legal advisor to Vertafore and TPG in connection with the transaction. Credit Suisse is providing the financing commitments and acting as financial advisor to Bain Capital Private Equity and Vista. Kirkland & Ellis LLP is acting as legal counsel and EY LLP is serving as accounting advisor to Bain Capital Private Equity and Vista. The transaction is subject to customary regulatory review.
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purchase of QQSolutions in Florida, both providers of cloud software to independent insurance agencies. The company delivered over 250 new product releases in 2015, bringing new technology and innovation to the industry’s largest customer base, including agencies, carriers, MGAs, MGUs and over half the U.S. state regulatory agencies.
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June 2016
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BERKSHIRE HATHAWAY SHAREHOLDERS DON’T SEE CLIMATE CHANGE AS A RISK FOR ITS INSURERS
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maha, NE At its annual shareholder’s meeting where CEO Warren Buffett & Vice-Chair Charlie Munger held the podium for hours, shareholders overwhelmingly rejected a resolution calling for the holding company to write a report about the “risks” that climate change may hold for its insurance companies - including GEICO.
on the highly-charged political topic say that he doesn’t believe climate change poses serious risks to his insurers as they are generally writing 1-year policies with plenty of time to adjust should any change in the climate affect losses. His position is opposed to California Insurance Commissioiner Dave Jones who urges insurers to be pro-active on climate change by divesting in coal and the “carbon economy.” CEO Warren Buffett weighed in See HERE.
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June 2016
NEWS-OPINION
FBI: SAN FRANCISCO CRIME RATE UP 60% SINCE 2010 Liberal Policies Bring Predictable Results To City By The Bay
by Ron Manera, Senior Editor
S
an Francisco, CA - Serious crime rates are spiking while arrests are down 42% - and Progressive city politicians can’t seem to make the connection.
While one may have thought the city would reconsider its sanctuary city status after a lovely young woman, Kate Steinle, was murdered in cold blood by a Mexican illegal (who had been convicted of seven felonies and been deported five times) on July 1, 2015, the city actually doubled down on its SC policy, a clear violation of the 1996 Immigration Act. Yet, according to an American Thinker story of Dec. 2015,
Once one of the most iconic, beautiful cities in America, a destination on everyone’s bucket list, it is now infested with a growing and increasingly aggressive homeless population as well as record numbers of oftendangerous illegal aliens. San Francisco proudly identifies itself as a “sanctuary city,” where illegals can roam unmolested - shielded from being turned over to federal immigration authorities. www.underwritersinsider.com
“...there may be a silver lining to this cloud of corruption. These actions are so outrageous they have created an opening for a lawsuit. And on December 4, 2015 a lawsuit, filed by a Los Angeles Law Firm and Judicial Watch, may have far reaching implications for all American cities. The lawsuit was filed on behalf of San Francisco City and County resident Cynthia Cerletti. Cerletti’s lawsuit is based on California’s common law taxpayer standing doctrine and Code of Civil Procedure § 526a, which allow any citizen to sue government officials to prevent the unlawful expenditure of taxpayer funds.” Table of Contents
Residents of and visitors to San Francisco wonder about the logic of a 42% decrease in arrests while crime spikes 60% - but not even these disturbing statistics are sufficient to curb the liberal zeal of the town’s Democrat board. San Francisco is far from the only city in decline as a result of liberal policies. Michael Busler writes in Communities Digital News: “Liberal policies have long supported social programs that were intended to be short term. Instead, the programs easily give money to those who haven’t earned it for long periods of time. This comes in the form of welfare payments, food stamps, health care and some special funding programs. Because there is no opportunity to leave these programs, families get locked into the “welfare state” for an entire lifetime, even spanning generations.” Detroit, St. Louis, Buffalo, Cincinnati, Cleveland, Miami, El Paso, Milwaukee, Philadelphia & Newark. What do they have in common? They comprise the 10 poorest cities in the nation with some of the highest crime rates AND they have all been run by liberal Democrats for decades. Like the last line in the old song, Blowing In The Wind: “When will they ever learn?”
June 2016
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THE INSIDE TRACK - BREAKING NEWS All Risks Adds Web Centered Portal
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ll Risks, Ltd., the nation’s largest independent wholesale insurance brokerage firm, is pleased to announce the launch of a risk management and safety portal for policyholders and retail insurance agents serviced by the National Specialty Program unit. This new web-based resource center will benefit policyholders and agents with risks in the following industries: alarm companies, fire suppression and sprinkler contractors, golf courses, pest control operators, security guards, and staffing services. These programs are the first group to gain access to this risk management tool, but All Risks plans to add additional programs to the portal in the near future. The portal is named “All Risks Control” and has over 1,000 resources and reference links that 24
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guide users with crucial tools compete in the modern to address risk management world. Silvervine Software has already introduced a and safety education. direct-to-consumer pointof-sale module, a mobile Silvervine Adds consumer platform, and Scott Cross business intelligence tools that outperform the ilvervine Software, a capabilities offered by leading provider of most policy administration property and casualty systems. insurance software for carriers and MGAs, New Direct Medical announced today that Scott Cross has joined the Professional Liability company as Director of Product Development. nesthesia Business Cross will lead the product Consultants (ABC), a development team in the leading provider in billing company’s quest to equip and practice management insurers with leading edge for anesthesia and pain tools to help them effectively management specialty,
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THE INSIDE TRACK - BREAKING NEWS is pleased to announce a new program to provide insurance to clients. Developed by Arthur J. Gallagher & Co. exclusively for ABC clients, the program will be underwritten by PPIC, a Coverys company. Together they will offer a unique, comprehensive and competitive program of professional liability coverage and related services. This program is offered to clients as a benefit of your business relationship with ABC through First Professional Liability Risk Purchasing Group.
India To Save The Planet With Less Gassy Cows
I
n a world where national guilt is measured in greenhouse gas output, India is to take a brave stand by reducing cow flatulence a gas that is mostly methane - one of the worst greenhouse gasses. With 280 cows each producing 13 tons of methane annually. The country is messing with feed formulation as well as www.underwritersinsider.com
developing a cross-strain of 3rd Leading Cause of miniature cows that produce Death in US: less gas and can tolerate the Medical Errors heat. All the while, India has recently announced it ohn Hopkins University intends to double it’s coal School of Medicine production by 2019. Go recently released a report figure. which stunned the medical All Risks New Liquor community - and a lot of medical patients: Medical Store Program errors now the 3rd leading cause of death in the U.S. just ll Risks, Ltd., the nation’s after cancer and respiratory largest independent disease - or almost 10% of wholesaler, has introduced all deaths in a new national FREE the U.S. The CLASSIFIEDS! program for next time you liquor stores HELP WANTED — POSITION are feeling ill, WANTED 4 — SALE ITEMS with an maybe you exclusive A.M. should go CLICK HERE! Best A- XIII rated sky diving or non-admitted base jumping carrier. Products rather than to the doctor are available through All might be safer! Risks’ National Specialty Program unit, targeting Eagle/Aircraft franchised and independent Collision Kills 4 liquor stores. Hookah and lottery sales are acceptable if n April collision between they are less than 10%. Wine an immature bald eagle and beer tastings are also acceptable. Contact Bryan and a Cessna 172 resulted Meyer, Program Manager, in the death of 4 occupants for more information at of the plane in Birchwood, 877-965-0123, ext. 8201 or Alaska according to the NTSB. bmeyer@allrisks.com.
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June 2016
NEWS & OPINION ANOTHER REASON TO RE-THINK CONTINUED MUSLIM IMMIGRATION?
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Non-Assimilating Minnesota Muslim Workers Aided By CAIR File Discrimination Lawsuit Against Employer
ith the national debate raging on the subject of continued Muslim immigration, 21 Muslim SomaliAmericans are giving an additional reason to question whether or not Muslim immigration is good - or bad - for America. In an April 26, 2016 press release, CAIR-MN (CAIR stands for Council on American-Islamic Relations in Minnisota) announced the filing of a discrimination lawsuit with the Obama administration’s EEOC against on behalf of 21 SomaliAmerican Muslim employees against Truth Hardware and Doherty Staffing Solutions. According to the press release: Truth Hardware and Doherty Staffing Solutions employees were terminated around May and June 2015 after they asked for religious accommodations that would allow them to pray. Many employees were told that if they could not comply with the break schedule, they would have to go home and could not continue working. Others were told that if they needed a religious accommodation and could not wait until their shifts were over to pray, then they would have www.underwritersinsider.com
to go home and wait until the company notified them that an accommodation could be made. Many of these employees were never called back to work. Some employees were terminated for “violating the bathroom policy” by spilling water on the floor. This was clearly pretext for Truth Hardware’s discriminatory actions. It is the constitutional right of these employees to have their religious practices accommodated, and companies need to start adapting their workplace policies accordingly,” said CAIR-MN Civil Rights Director Amarita Singh.”
CAIR has filed many such lawsuits against American employers - often with the full-force and backing of Obama’s Equal Employment Opportunity Commission (EEOC). The essence of the complaint is that the employer failed to fully accommodate Islam at their manufacturing plant and therefore the plaintiffs lost their jobs for trying to practice their religion.
It is the obvious position of CAIR that it is the American employer who must assimilate into the immigrant culture rather than the immigrant employee assimilating into American culture - all under the Muslims pray five times a day. guise of religious freedom. Before prayer, they are required to wash their faces, hands America seems to be happily and feet with clean water - an committing cultural suicide to operation normally performed accomodate what some would in a bathroom sink, which say is an invasive, metastasizing in this case left water spread culture using our freedoms and across the bathroom floor. Each laws to replace our way of life with prayer break consumes about their own. And, of course, President 15 minutes of the employer’s Obama, always eager and ready to time as production lines are “transform America” is right there shut down. Somehow, CAIR cheering them on. and Obama’s EEOC have twisted the U.S. constitution to dictate It’s time to ask ourselves a simple the employer is responsible question: Is Muslim immigration for the considerable cost and good - or bad - for America? inconvenience of accomodating Muslim religious practices. Table of Contents
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SERIOUS STUFF
25-TON HYDRAULIC PRESS DEALS WITH AN ARMY OF GUMMY BEARS - YOU KNOW YOU GOTTA WATCH!
AWESOME VIDEO SHOWS APRIL 2016 CONTROLLED LANDING OF JEFF BEZOS’ BLUE ORIGIN NEW SHEPARD ROCKET
UNBELIEVABLE VINTAGE ADS
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othing illustrates the changes in our national culture better than vintage ads from the Mad Men era - many of which would be considered overthe-top sexist, politically incorrect or just plain dumb today.
This month’s ad from the past is more striking as an example of really bad health advice than of political correctness. Here we have Lucky Strike suggesting that the young lady will keep her slender figure by swapping out a sweet for a cigarette. “Reach for a Lucky instead of a sweet.” It’s true: Very few gain weight while dying of lung cancer.
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“The Final Authority on Everything!” WARNING!
The Advisor has been known to be politically incorrect and may send certain Millennials scurrying to their safe space. Also not recommended for Progressives who are easily offended. Please read at your own risk.
E.T. Call... For Insurance?
I
n your April issue you were talking about “disruptive” changes to a marketplace and how it can shake up an industry. How disruptive would it be to the insurance industry if aliens appeared on Earth and needed coverage for their warp drive or whatever? J.T. Denver, CO.
ADVISOR
a single solid clue pointing to extraterrestrial life as we search for electromagnetic signals from a technically advanced civilization. Why? One reason we may not have detected alien life is best understood by studying life on Earth. Our planet is teeming with life. Yet with 8.7 million species, many of which we have yet to even label, there is only one species even remotely capable of developing any sort of advanced technology: Homo Sapiens. Man. And even among our unique species, how many of us are
capable of conceiving and building a transmitter capable of sending signals to the stars? Admit it: It’s a rare subset of humans able to do so and we existed in our present form for 100,000 years before someone broadcast that first weak radio signal. It may not be life that is rare - it may simply be technology. We often make the assumption that once there is life, advanced intelligence will necessarily follow. Where is the evidence of that? On Earth, the odds have been 1 out of 8.7 million. Natural Selection, the process
A deep question, J.T. and we note that marijuana is legal now in Colorado. Go easy on that stuff. Still, your hypothesis about alien life is a current question, however, as researchers try and determine why they have yet to find 30
The Underwriter’s Insider
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June 2016
of evolution by which may not be any technology. modern organisms have Then we have the Fermi developed from simple life Paradox: “the observation forms has no agenda. The that either the number of advanced process simply rewards traits technologically in individual organisms that We often increase that organism’s make the chance to reproduce. The assumption that process doesn’t care if the once there is organism becomes smarter life, advanced - it may select instead for intelligence will bigger teeth, sharper vision follow. Where is the or better camouflage. The Advisor isn’t convinced that evidence of that? On intelligence is “selected for” Earth, the odds have as a natural course of events been 1 out of 8.7 - and it may be the reason million. we have not yet detected alien life. So far, we can only search for their advanced civilizations is small–like one technology - and there or zero–or that the fraction of such civilizations that go www.underwritersinsider.com
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on to colonize the galaxy is for some reason small or zero, and it’s not clear what this reason would be,” according to Anthony Aguirre a physicist at the SCIPP institute at the University of California, Santa Cruz. Then consider the sheer size and the vast distances in the search area. Our radio signals have traveled a mere 100 light years (a light year is 5.8 trillion miles) since the first broadcast - and our local galaxy alone is 100,000 light years in diameter. We’ve barely crossed our front porch. Any broadcasting alien race we wish to imagine must face the same limitations.
June 2016
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Agent With Multi-Million Book
Agent w/ multi-million book looking for an aggressive agency w/ a positive outlook to the future stephen.clay@stone-insurance.com 16-1
Commercial Lines Underwriter St. Louis One of our clients in the St. Louis area, is seeking a Commercial Lines Underwriter with strong casualty experience in the construction industry. The ideal individual will have at least five or more years of related casualty underwriting experience dealing with construction industry accounts. Excellent company, compensation, job security and benefits. jim@premiercareers.com 16-3
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Have an awesome idea for an insurance or financerelated app, software tool, or social media marketing campaign? Need an experienced pro for tech-centric business development? Take your business to the next level - contact GMA LLC today. 407-706-0245. Matt@ProAdvisors.Info 16-4
Buying Insurance Agency in South FLA If you would like to retire and sell us your book or business or take over your lease at a retail office please let us know. Our fax number is 954-908-7001. floridafirstinsurance@outlook.com
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Working Partner Wanted East Tampa All Lines Agency established 2006 seeks working partner - to replace retired partner - Florida 220 and investment a must. Please inquire admin@naioia.com 15-12
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Central Florida
Retiring? Selling benefits book? Please contact me: 407-797-0790 Thank you. jmburzee@aol.com 16-1
Experienced CSR Wanted - Oviedo Area
Small agency needs experienced, licensed CSR. Salary commensurate with experience. Please forward resume. kr22apr@gmail.com 16-1
Seeking 220 & 440 Insurance Agents in Florida & Georgia! Well established We Insure agencies are experiencing growth and are looking for experienced 220 and 440 insurance agents statewide in both Florida AND Georgia. Active 220 or 440 license required and preferably 2 to 5 years experience in Personal Lines and/or Commercial Sales. Please send your résumé to: Megan.null@weinsuregroup.com
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Personal Lines Property Underwriter - Miami One of our Florida based clients is growing and expanding into other states. They are in need of a Personal Lines Property Underwriter to join their Home Office team them as this expansion continues. The Personal Lines Property Underwriter will be responsible for underwriting personal lines new business, renewals and endorsements utilizing the established methodology, standards and guidelines. jim@premiercareers.com 16-3 June 2016
Car Insurance Agent seeking employment Insurance 220 Agent seeking full time employment as soon as possible in the Fort Lauderdale area. Specialize in auto Insurance sales. Extremely thorough and precise when selling Insurance. Love to service customers and is very pleasant and easy to adapt and learn new challenges. simonethe1@yahoo.com
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CSR WANTED FORT LAUDERDALE, FL Looking for an experienced, self-motivated, ambitious customer service representative for full time. Great written and verbal skills are required. Duties include answering phones, servicing accounts, processing mail and commission statements. INFO@JANDLINSURANCE.COM 16-1
EDISON INSURANCE GROUP FORT MYERS If you are a licensed property and casualty agent or licensed CSR, Edison Insurance Group, Fort Myers, FL, established 1984 is looking to round out it’s team of professionals. We currently have openings in our personal lines department as an CSR/Agent, as well as a positions in both outside personal and commercial sales positions. GWolfe@EdisonIns.com
Bilingual Insurance CSR 4-40 or 0220 Wanted -Lake Worth – Palm Beach County Bilingual Insurance CSR 4-40 or 0220 Experienced Wanted Bilingual English/Spanish A plus Excellent Benefits Provided Send resume to: al.poncedeleon@estrellainsurance.com or integralcl@aol.com 16-3
Experienced 2-20 20-44 or 4-40
Small agency seeking experienced 2-20, 20-44 or 4-40 licensed team member to help us grow. Must have thorough understanding of coverage, underwriting, all compliance requirements & possess the utmost integrity. Must be self-motivated and able to prioritize. Compensation is hourly plus bonus. Hernando County resident preferred. Send resume to: sawchukl@bellsouth.net 16-1
Agent/CSR Broward County, Florida Independent property and casualty insurance agency, located in the Ft. Lauderdale area is seeking an experienced 220 or 440 licensed individual that can handle a fast paced environment. Bilingual a plus. Salary plus bonus. Call Barbara at 954587-7850.
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Property & Casualty Sales Agents Tampa Bay Area The Auto Club Group is seeking P&C sales agents who have… •An active Property and Casualty Insurance License (220) or an active (20-44) A minimum of 1 year successful P&C sales experience and a stable employment history a Strong phone sales and prospecting skills •Ambition and drive We offer a competitive compensation to include: Medical, dental, vision, 401(k) and more... deemorgan@aaasouth.com 16-5
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If you’re looking to start your own agency, then this is the place you want to start. We are a statewide independent agency that has over 120 carriers! Home,Auto,Business! We offer the ability to build your own business by having all the tools needed to do so! At We Insure, we offer training, leads, a great office and more. This position requires a 2-20 insurance license or a 2-40 glen.mcgaha@weinsuregorup.com 16-1
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Insurance Agent/CSR, Ft. Lauderdale area
Insurance Licensed 220 and 440 Agents needed (no region given)
Successful Property & Casualty Licensed 220 and 440 Agents requires. tamiller91@yahoo.com 16-3
Registered Customer Service Rep 4-40 Palm Beach County Experienced Registered Customer Service Representative 4-40 Wanted Bilingual English / Spanish with experience , to work in Lake Worth, Palm Beach, excellent workings conditions requested. Angel 561-755-2586
Cont’d... Experienced Agency Marketing Representative Mature, 2-20 licensed agent, experienced in both commercial and personal lines underwriting and sales. Has a following of brokers/agents throughout the State of Florida. Looking to market insurance products through independent agencies and brokers. toogreatt@yahoo.com 16-6
Looking for bilingual CSR in Tampa Tampa Insurance Agency is looking for a bilingual Licensed CSR. Knowledge of Quick Quote and Webrater is a plus. Salary, bonus, sick time, vacation days, and health insurance. 813-9721947 or email dan@colucciinsurance.com
al.poncedeleon@estrellainsurance.com
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220 Insurance Agent Boca Raton
Full time opportunity to join my Personal Lines Agency with an excellent potential for good income.Must have 220 Insurance license - Experience with personal lines preferred, however, willing to train bright beginner -Strong computer skills -Self-starter with Initiative-independent workerContact Noreen at 561-4304021 or email resume to Noreen.langleben@weinsuregroup.com 16-1 34
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MGA Needs Experienced E&S Assistants, Underwriters and Brokers South Florida and Lake Mary E&S MGA looking to continue growth by adding experienced Assistants, Underwriters and Brokers. MGA has a generalist appetite and represents many markets for Brokerage and Binding Authority. Contact: dmarsh@slbig.com
- 220/440 license or a minimum of 1 year exp. in Auto/ Home/Commercial insurance - Must be able to work Full Time - Must have a GREAT "Can Do" attitude, everyday - Must be able to multi-task and be a willing Team Player - Must have the ability to treat our clients with the respect they deserve and give them the best service they have ever received - Must be DRUG FREE- Bilingual a plus marlinsii@aol. com 16-1
We Want You - Licensed Insurance Agents
If you are an experienced, self-motivated and ambitious insurance sales professional with an interest in working with a vibrant, forward thinking company then look no further. We are an independent insurance agency in Ft. Lauderdale seeking a Licensed Insurance Agent who interested in a long term career with our agency. •Property and Casualty License (220) •Team player •Build referral relationship alejandro.kalaf@ weinsuregroup.com 16-1
Experienced License Agent (220) wanted Experienced License Agent (220) wanted to work in agency located in Medley, FL. Commissions only paid. Please fax resume to 270-1417. meibg9@bellsouth.net
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June 2016
NEWS-OPINION
LAST LAUGH: WENDY’S TO REPLACE MINIMUM WAGE WORKERS WITH KIOSKS
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roving once again that nothing is more agile than the free market, Wendy’s hamburger chain has announced it will be installing kiosks in more than 6,000 places to replace mostly m i n i m u m wage workers in response to initiatives that more than double the minimum wage in many venues.
itself out of the marketplace.
The tired old line heard from activists is “No one can raise a family on minimum wages!”
Obviously so, but anyone so ill-prepared for life as to be raising a family on minimum wage has issues that go Image Credit: Creative Commons beyond income. Reportedly, none of the Wendy’ The vast majority of minimum kiosks will be joining a union, wage earners, however, are young require health care insurance, people entering the workforce, cigarette breaks, payroll tax, most probably living with parents workers’ comp or pregnancy or partners. leaves. When one day the kiosks need to be upgraded or replaced, In a free-market economy they will not claim discrimination consumers should dictate values, or unemployment. So far, none not screaming protestors or of the kiosks has been rude to a bureaucrats. Any governmentcustomer. imposed minimum wage is a perversion of free-market In an era when technology can principals - and frees unskilled easily replace unskilled labor, workers from the incentive to foolish activists leading greedy improve their product; to bring workers are giving employers every more value to their employers. reason to consider alternatives to human labor. As any employer Politics aside, businesses will knows, $15 per hour wages really always need to make a profit while means at least $30 per hour keeping prices competitive. Any employer cost when all the ancillary initiative that ignores this reality costs of human labor are factored is doomed to fail - and fail those it in. Unskilled labor is simply pricing deems to help. www.underwritersinsider.com
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VIEW THE FAMOUS OBAMA WORKOUT! (Now Banned On YouTube...)
June 2016
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Notable Quotes In The News
SAY WHAT?
University Of Michigan Grads Terrified To Leave Their Safe Space
Committing National Suicide?
he fact that some university boards and administrations now bow to pressure groups, and shield students from [certain] ideas through safe spaces, code words, and trigger warnings, is in my view a terrible mistake. The whole purpose of college is to learn how to Credit: Creative Commons deal with difficult situations, not to run away from them. A microaggression is exactly that, micro. But in a macro sense, one of the most dangerous places on a college campus is the so-called safe space, because it creates a false impression that we can isolate ourselves from those who hold different views. We can’t, and we shouldn’t try. Not in politics, not in the workplace.”
I
t’s the right thing to do.”
President Barack Obama in late April as justification for his goal of allowing 10,000 Syrian refugees to be admitted to this country by the end of the federal budget year on September 30, 2016. But the “right thing to do?” Perhaps, if it’s “right” if your goal is to “transform” parts of America into third-world Muslim ghettos, where radical Islam can incubate and breed. Perhaps it’s “right” for your political party if you are fairly certain every immigrant will become a life-long Democrat, voting for the everincreasing list of freebies and entitlements that party habitually trades for votes. Perhaps it’s “right” if we had a bloated federal treasury and were itching for a worthy project on which we could spend untold $ billions. The real and ONLY question we should be asking when considering immigration policies is this: Is it good for America? How adding tens of thousands of desperate, penniless, non-English speaking, mostly uneducated, unvetted Muslims, who, if history is any guide, will refuse to assimilate into our culture, can be good for America is a question Obama can’t answer. 36
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Former New York Mayor & multi-billionaire Michael Bloomberg, who considers himself a political independent, yet has run for public office as both a Democrat and a Republican addressing 2016 graduating class of U. of Michigan on April 30th. His comments, particularly the last two sentences, were met by jeers and boos from the cupcake grads who apparently believe they will be allowed to take their safe spaces with them into the workplace. Good luck with that.
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Billary Not Welcome Here
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ill and Hillary Clinton are simply not welcome in our town. Mrs. Clinton’s anti-coal messages are the last thing our suffering town needs at this point. The policies that have been championed by people like Mrs. Clinton have all but devastated our fair town, and honestly, enough is enough.” When city officials of Logan, WV found out the Clinton campaign wanted to use the Logan Fire Department facilities for a campaign visit, they sent an email containing the above quote to a representative of Hillary supporter Sen. Joe Manchin. Clinton had previously bragged she would be shutting down the coal industry “putting a lot of coal miners and coal companies out of business.” West Virginia’s economy is heavily dependent on coal. When pressed by a WV citizen on her stand, Hillary looked him directly in the eye and told the bald face lie, “I was taken out of context.” No one was surprised and she lost the State of West Virginia to Bernie Sanders.
Filipino Donald Trump?
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ll of you who are into drugs, you sons of bitches, I will really kill you. I have no patience, I have no middle ground, either you kill me or I will kill you idiots.”
- and like Trump, the voters seem to give him a pass as he taps into deep voter discontent on economic and social issues. His opponents in the presidential race, likened him to Hitler and predicted grave consequences to the island nation should he be elected.
Liberal Academia Destroying Black Lives
T
he Obama administration, as well as black and white liberals, expresses concern with disproportionate numbers of black students suspended or expelled. They have created a practice called “restorative justice,” where students are called on to repair the harm caused by their bad behavior. Under this regime, cursing a teacher or assaulting a teacher is no cause for traditional discipline. Instead, there’s talking and pleas. But I’ll bet the rent money that the black and white liberal elite would never send their own children to schools where teachers are routinely assaulted and cursed. They would never send their children to schools so unsafe that students must enter through metal detectors so as to prevent the introduction of guns, knives and other weapons.”
Noted Black educator, author, columnist and pundit, Professor Walter E. Williams in a May 11th column posted in Townhall Magazine making the point that “blacks working to secure the presidency of Hillary Clinton or Manila Mayor Rodrigo Duterte, newly elected Sen. Bernie Sanders are wasting resources president of the Philippines, has earned the that could be better spent trying to reverse nickname “Duterte Harry,” a reference to the the tragic destinies of so many black youths.” Clint Eastwood movie character “Dirty Harry.” He’s also known as the Donald Trump of the Philippines for his brash, often rude comments www.underwritersinsider.com
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June 2016
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NEWS FLORIDA INSURANCE AGENT CONVICTED OF INSURANCE FRAUD, SENTENCED TO SEVEN YEARS IN PRISON
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RLANDO, Fla. – The Florida Department of Financial Services, Division of Insurance Fraud, which operates under the direction of Chief Financial Officer Jeff Atwater, today announced the recent conviction and sentencing of former Orlando insurance agent Mario Ferreri. Earlier this year, Ferreri faced trial on fraud charges after being accused of stealing more than $1 million in insurance premium payments from his clients. Ferreri was convicted, sentenced to serve seven years in prison and ordered to pay back nearly $1.3 million in restitution.
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The Department’s investigation into Ferreri’s activities dates back to 2013 when the Department’s Division of Insurance Agent and Agency Services, which licenses and regulates insurance agents and agencies in Florida, received a complaint from Lincoln Life Insurance Company outlining the company’s suspicions that Ferreri had stolen premium payments from two clients and used the money for personal gain. The Division of Insurance Fraud was alerted of the criminal nature of the case, and Ferreri was arrested on fraud charges in late 2014.
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with the Department’s policies that were implemented in accordance with the Federal Records Act” that may have resulted in national security breaches.
Further, investigators revealed Clinton never “requested or While Clinton told the American obtained guidance or approval” public on numerous occasions to conduct official business on she “did nothing wrong” her personal server - and would and “followed all State Dept. not have approved if asked. The protocols” the report clearly State Dept. said the violation shows she did “not comply was “not a casual oversight.” www.underwritersinsider.com
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Following that arrest, Ferreri found himself again facing charges when, in January 2016, another victim came forward suspecting that a $95,000 check intended for an annuity payment may have also been stolen by the insurance agent. A subsequent investigation confirmed the client’s suspicions and additional charges were filed against Ferreri. Following his prison sentence, Ferreri will complete three years of supervised probation. He has been permanently barred from working within the insurance industry. This case was successfully prosecuted by the Office of State Attorney Jeffrey L. Ashton of the 9th Judicial Circuit.
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www.zalma.com • web log, “Zalma on Insurance” • videoblog, “Zalma’s Insurance 101”
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INSURANCE & THE LAW Continued From Page 11
ZALMA
the injury for which recovery is being sought under the policy, is criminal in nature.
An Alford plea is merely a unarmed boys located on type of guilty plea in which an the sidewalk. Such conduct is individual accused of a crime unquestionably unlawful and may voluntarily, knowingly, and felonious. Intentionally pointing understandingly consent to the a gun at an unarmed child imposition of a prison sentence is the type of conduct every even if he is unwilling or unable citizen should know is wanton to admit his participation in the and criminal. Bishop could not acts constituting the crime. Most reasonably expect such core important to the court’s analysis, criminal conduct to fall outside Alford cautions “that pleas of Nationwide’s criminal acts coupled with claims of innocence exclusion. should not be accepted unless there is a factual basis for the Alford Plea plea.” Next, we must determine whether the circuit court erroneously relied on Bishop’s Alford plea in granting summary judgment. On appeal, Eberle argues that the circuit court erred in elevating his Alford plea to the position of a regular criminal plea for the purposes of collateral estoppel. Nationwide chose to make an actual conviction, or lack thereof, of no consequence by the wording of the exclusion. The policy explicitly states that the criminal acts exclusion applies “regardless of whether the insured is actually charged with, or convicted of a crime.” Nationwide, by its own terms, has rendered the actual fact of a prior conviction a nullity. Under the policy, the focus is on whether the conduct causing www.underwritersinsider.com
Although Bishop’s plea is labeled as an Alford plea, the fact remains that it resulted in his conviction. The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty. In pleading guilty, Bishop acknowledged that the evidence against him was sufficient to support the charges to which he pled guilty. The trial court reviewed that evidence and agreed that it was sufficient to establish Bishop’s guilt. Bishop’s Alford plea was admissible in the civil proceeding brought by Nationwide to prove that Bishop committed the crimes he pleaded guilty to in the criminal case. The reasons for Bishop’s guilty plea cannot undermine or erase the Table of Contents
fact of his conviction. ZALMA OPINION Nationwide’s exclusion was brilliantly broad by eliminating the need for conviction and simply excluding any conduct that was “criminal in nature”. There was no need to prove that Bishop was convicted for the exclusion to apply. In this case it did not matter since Bishop was convicted regardless of his use of the Alford plea. Jail was proper and he had no right to be protected by insurance for his criminal conduct.
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June 2016
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SPOTLIGHT
VANESSA DIAZ, LMT, ON THE BENEFITS OF THERAPEUTIC MASSAGE
T
he key to your pain relief is understanding the cause of your symptoms through holistic assessment, treating related contracted muscle and fascia and increasing your awareness of what you can do to contribute to your own health and well-being.
What to Expect From a Massage Therapy Session Many people think massage is about ‘pampering’. They imagine women with cucumbers on their eyes in white, fluffy robes having lotion gently rubbed into their skin. Others imagine massage is mostly used by people who had traumatic incidents and injuries. While you might find either of these clients in our studio (minus the cucumbers and fluffy robe), they are a small minority of the people we see most frequently.
V
anessa Diaz is a Florida state certified Massage Therapist (Lic. # MA81093) and has worked in the fitness industry as a nationally certified personal trainer and group fitness instructor for 15 years. She focuses on medical massage, Swedish, deep tissue massage, reflexology, chakra balancing, hot & cold stone, stretching and trigger point massage for chronic pain. Experienced in Swedish, Deep Tissue, Neuromuscular, Reflexology, Hot/Cold Stone, Pregnancy, Satvic Polarity, EFT, Reiki 2 certified, Sports massage, Life Coaching & Chakra Balancing. ACE Certified Personal Training & Group Fitness Instruction, Vanessa also boasts an AA Degree in classical voice and piano from Broward College.
Do You Know Massage Myths From Facts? Fact: Most clients who visit our studio are here for tightness or pain in their neck or shoulders. By far, the biggest reason is excessive time spent on a lap top or computer. Our bodies were
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not meant to spend so much time with shoulders raised, arms extended and necks bent looking at our screens. We end up with ‘kinks’ in our neck, over-stretched shoulder muscles and even rotator cuff strains.
Fact: Most back pain doesn’t come from accidents. In fact, it doesn’t even come from people who spend time on their feet. It comes from people spending too much time on their ‘seat. Life in chairs is hazardous to your health. Sitting for hours at a time in a desk chair is a posture that our bodies weren’t designed to do excessively. The seated position causes muscles that connect through our trunk from the top of our legs to the low back area to shorten and tighten. As these muscles tighten, they cause compression of discs in our backbone which leads to pain and even nerve damage.
Satvic Polarity, or you can simply describe any issues you are experiencing, such as neck pain In short, you don’t need to be or sciatica, and allow me, the an athlete or pampered lady-of- therapist, to create an optimum leisure to benefit from massage. In treatment plan that will address fact, the people who benefit most your needs. are the hard-workers who fuel our economy working in offices, desks Live in and computers for long hours Palm Beach County? just trying to live a comfortable and happy life. We love when we get the opportunity If you live in Palm Beach County, to help them achieve FL mention this article and receive the comfort and 25% off of your Monthly Massage subsequently… a little Care Package! Thank you for reading! 561massagetherapy.com more ‘happy’. You can request a specific massage method ie: Swedish, Deep tissue massage,
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TECHNOLOGY Cameras come in all shapes and sizes. There are larger ones that look like cameras, which are easy to spot. Smaller cameras, such as the Nest Dropcam, can slip behind furnishings, decorations or vents. laws usually permit landlords to Then there are spy cameras that install cameras in “public spaces.” hide in everyday objects like alarm This is an important distinction. clocks, stuffed animals or picture Private areas, like bedrooms and frames. bathrooms, or anywhere else that anyone would reasonably expect A simple way to spot most types privacy are off limits. of cameras is to look for the lens Continued From Page 9
KIM KOMANDO
In a situation where you rent a single room of a house or apartment, it gets trickier. Your expectation of privacy would only apply to the room and the bathroom. The person renting can put cameras elsewhere, such as the living room or their rooms, and it would likely be legal. However, as Brickhouse Security reminds us, recording someone for the “purpose of blackmail or other ‘malicious intent’” is illegal in any situation. Also, audio recording has much stricter rules than video. In many states, both parties need to be aware that the recording is taking place. If you’re renting, first check the listings carefully for any mention of cameras. Regardless, your job upon arrival is to check every single room. The good news is that finding these cameras only sounds difficult. How to spot and disable cameras 46
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reflection. This requires turning off the lights and slowly scanning the room with a flashlight, or laser pointer, looking for bright reflections. It works even better if you’re looking through something like an empty roll of toilet paper because it narrows your focus. Be sure to scan the room from multiple spots so you don’t miss a camera pointed only at certain places.
fancy features, but those get up into the $500 range and are mainly meant for law enforcement. In addition to lens detection, you can also get an RF detector. This can pick up wireless cameras within 10 feet or so. Some of the expensive ones have screens to show you what the camera is seeing. Unfortunately, RF detectors aren’t great for wired or record-only cameras. For those, you’ll need to stick with the lens reflection method. You can find RF detectors for under $30, but the quality is suspect. Brickhouse makes a basic model that sells for $70. It also has a model for $140 that combines an RF detector with a lens-reflection detector.
If you can connect to the rental’s wireless network, a free You should also do a close visual program like Wireless Network inspection of the vents, as well as Watcher shows what gadgets are any holes or gaps in the walls or connected. You might be able ceilings. Fortunately, for a camera See Komando Page 48 to see you, you have to be able to see it as well, so it can’t be entirely FREE hidden.
CLASSIFIEDS!
There are gadgets on the market that are geared specifically toward lens detection, like the Brickhouse Security Mini Hidden Camera Detector. It’s $100 and it uses flashing red LEDs for better detection. Brickhouse makes other gadgets that use lasers instead of LEDs and have other Table of Contents
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June 2016
NEWS
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FLORIDA BUSINESS OWNER ARRESTED FOR $700,000 WORKERS’ COMPENSATION FRAUD SCHEME
aples, Fla. – Florida Chief Financial Officer Jeff Atwater today announced the recent arrest of Raimundo Hernandez-Argueta, owner of Naples construction company Complete Framing Professionals (CFP). Following a joint investigation by the Department of Financial Services’ (DFS) Division of Insurance Fraud and Division of Workers’ Compensation, Hernandez was arrested on fraud charges for allegedly misrepresenting information regarding CFP’s employee operations and payroll when applying for a workers’ compensation policy.
CFP job sites led investigators to believe that Hernandez was concealing his company’s payroll amount in violation of Florida law. Investigators later discovered that Hernandez obtained a policy through Florida United Business Association providing coverage for four employees, each with an annual wage of $50,000. Hernandez paid $26,910 for this one-year policy. However, job site inspections documented 108 employees during that time frame and more than $5.5 million in total earnings, grossly lower than what was reported to the company’s insurance carrier.
Based on CFP’s actual payroll of $5.5 million, Hernandez should have paid a premium of $728,057. As a result of his misrepresentations, Hernandez was able to illegally avoid paying more than $700,000 in workers’ compensation premium dues. Hernandez was arrested without incident by the Collier County Sheriff’s Office and charged with workers’ compensation premium fraud, a first degree felony. He was transported to the Collier County Jail where he later posted a bond of $30,000.
By doing so, Hernandez avoided at least $700,000 in workers’ compensation premium payments. Workers’ compensation policies protect employees in the event of an on-the-job injury and if proper policies are not in place, injured employees could be faced with lost wages and costly medical expenses to cover. Investigators with the Department’s Division of Workers’ Compensation began investigating Hernandez in August 2013 when visits to www.underwritersinsider.com
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TECHNOLOGY Continued From Page 46
KOMANDO
to spot connected cameras. Just be aware that the owner might have put the cameras on a second network, or they could be wired or record-only types. If the rental property is controlled by a home automation system, it’s fairly easy to find cameras. Open the system controller’s menu and look for anything mentioning cameras. Accordingly, scan the TV channels for anything suspicious. There are hardware jammers that block Wi-Fi entirely. Using these, you could essentially take any and all Internet-enabled cameras offline. But jammers are illegal in the U.S. What to do if you find a camera If the presence of indoor surveillance cameras was not disclosed to you, the answer is simple: Pick up the phone and call the police. Tell them you have direct evidence that your landlord is spying on you, without your knowledge or permission, inside your rental home. Use this exact phrase. While you’re waiting for police to arrive, document the situation with video and photos on your smartphone. If you are travelling with others, ask them to be witnesses. Remind them they were about to be victimized too. Once you have your police report, contact the rental site. 48
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Make no mistake. Stumbling over surveillance cameras isn’t just creepy. This is a big deal involving your basic constitutional rights and the law.
Copyright 2016, WestStar Multimedia Entertainment. All rights reserved. Kim Komando hosts the nation’s largest weekend radio talk show as she takes calls and dispenses advice on today’s digital lifestyle. Visit Komando.com for free podcasts, videos, product reviews, shows, tips and advice.
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SPOTLIGHT Continued From Page 17
WHY PREMIUM FINANCE? Call it a day. It’s done! It really doesn’t get much easier than that in the lending world.
Tell me about the advantages for my client again please. Premium financing doesn’t require any collateral other than the insurance premium itself.
clients lacking in financial health. Many financially strong clients use premiumfinancingtobettermanage their cash flow and understand the importance of having access to a easy and convenient additional lending source in the economically challenging times.
Most people don’t remember price, however, they always remember quality and good service. Bottom line: The best insurance agents understand the value of
Choosing to use a premium finance option isn’t just for your business clients lacking in financial health. Many financially strong clients use premium financing to better manage their cash flow and understand the importance of having access to a easy and convenient additional lending source in the economically challenging times.”
Premium finance loan documents What about me? are easy to understand and explain. Interest rates are dictated by the Ummmm. I knew we would get to financial markets but normally very that… As an insurance agent, you reasonable. should always be looking for ways to solidify your relationship with Premium finance loans are not your client and add value to your required to show up on your relationship with him. Being insured’s balance sheet which recognized as an advisor, business means that it is a loan that doesn’t tie consultant and a trusted source for up nor harm his borrowing ability. questions related to their risks, all help when it comes time to renew There can be positive tax their policies. When a business implications due to business has lack of capital or access to it, is interest loan expenses normally inherently a risk in itself. Taking the being deductible. time to understand your client’s financial position and helping him Short term loans that they can pay to keep it balanced and healthy by off early with no kind of penalties. building a customized financing Premium finance loans aren’t option for their insurance needs generally tied to the borrower’s adds value to your relationship and credit scores when standard lending shows them that you truly have terms are utilized. their back. This kind of involvement goes a very long way at renewal Choosing to use a premium finance time when he has another agent option isn’t just for your business pounding him with possibly a lower www.underwritersinsider.com
premium amount.
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constructing a custom premium financing package for their business clients. That construction can be as complex or sophisticated as necessary. Based on how easy it is to use, it should be a component of every one of your sales when your company doesn’t offer a direct bill program or if their direct bill has terms that are not financially attractive. If you have a question about whether your client needs it, leave that to them to answer after you have at the least presented them with the option of using it and watch your sales increase. By giving your clients a premium finance option, you help them to keep more of it in their wallet and in this business climate; we all know what it is. That’s right, cash and It is still king! Good selling! Jorge Hernandez, President Financejorge.com 1-800-620-1287 jorge@financejorge.com June 2016
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