SUMMER 2011
Agent & Broker Annual Convention Preview:
It’s a
Spooky 113th Annual Convention
Oct. 30 – Nov. 1
Market
Event Recaps: Spring Conference Young Agents Scholarship Golf Don’t Get Blindsided by a Property Lease Protecting Your Agency From Cybercrime Where are Potential E&O Claims Lurking in Your Agency?
ROLLINS
Risk Placement Services, Inc. Serving The Transportation Industry Since 1946 Call 800.432.7715 or visit us at: www.RPSins.com/Rollins Summer 2011 • South Carolina Agent & Broker
3
SUMMER 2011
Agent & Broker Independent Insurance Agents & Brokers of South Carolina PO Box 210008, Columbia, SC 29221 800 Gracern Road, Columbia, SC 29210 803-731-9460 803-772-6425 (fax) e-mail: information@iiabsc.com
IIABSC Staff
Contents
G. Frank Sheppard, AAI, CAE President ext. 23, fsheppard@iiabsc.com Rebecca H. McCormack, CPCU, CIC, AAI, CPIW Vice President ext. 14, bmccormack@iiabsc.com Anita J. Trevino Director of Communications ext. 29, atrevino@iiabsc.com Beth Chastie Director of Administration & Finance ext. 17, bchastie@iiabsc.com Laura Cornell Director of Insurance Programs ext. 22, lcornell@iiabsc.com Elaine Mikell Meeting Coordinator ext. 16, emikell@iiabsc.com Mary A. Ellis Professional Development Administrator ext. 12, mellis@iiabsc.com Jeanette Bloss Education Coordinator ext. 11, jbloss@iiabsc.com Pat Fetner Receptionist ext. 10, pfetner@iiabsc.com Lee Ruef Director of State Government Relations lruef@iiabsc.com South Carolina Agent & Broker is the official magazine of the Independent Insurance Agents and Brokers of South Carolina and is published four times annually. IIABSC does not necessarily endorse any of the companies advertising in this publication or the views of its writers. Articles and information published in this magazine may not be reproduced without written consent of the IIABSC. South Carolina Agent & Broker is not responsible for unsolicited manuscripts, art or photography. The publisher cannot assume responsibility for claims made by advertisers and is not responsible for the opinions expressed by contributing authors. For more information on advertising, Contact Jim Aitkins Blue Water Publishers 22727 - 161st Avenue SE Monroe, WA 98272 360-805-6474 fax: 360-805-6475 jima@bluewaterpublishers.com
4
South Carolina Agent & Broker • Summer 2011
Message from the Chairman of the Board
6
Message from the National Director
8
IIABSC 113th Annual Convention - It’s a Spooky Market Out There! 11
Spooky
A Message from the Convention Chairman, Jon Jensen, AAI, AIP 12 Convention Keynote Speaker, Ann Kulze, MD - Healthy Living 13
Market
Elly’s Travel Adventures 15
Where Are Potential E&O Claims Lurking in Your Agency? 16 Combat Cybercrime and Protect Your Agency with Simple Security Steps 22 Spring Conference Recap 28 Don’t Get Blindsided by a Property Lease 32 Benefits of Living the Trusted Choice® Brand 37 Trusted Choice® - We’ve Moved 38 Young Agents Golf Recap 41 IIABSC Education Calendar 42 2011 Board of Directors and Executive Committee 44 Palmetto Partners Program 46
Advertiser Index
Assure Alliance 19 Bankers Insurance Group 35 Builders Mutual Insurance 29 Burns & Wilcox 33 Genesee General 34 GUARD Insurance Group 29 Hanover Excess & Surplus 10 InsurBanc 27 JM Wilson 9 Jackson Sumner & Associates 2 Johnson & Johnson 24, 25 M. J. Kelly of South Carolina 43 Military Benefits Association 7 Millennium Insurance Group 23
Montgomery Insurance 43 NetComp 44 Preferred Specialty 47 Prime Rate Premium Finance 18 ProVision Underwriters 43 RPS Rollins 3 Summit Marketing Services 26 TAPCO Underwriters 5 The National Security Group 40 The Seibels Bruce Group 36 UPC Insurance 48 Universal North America 17 Utica National Insurance Group 21
Apartment Building coverage
in a five-minute phone call.
Call. Quote. Bind. Using TAPCO’s courteous and prompt call center, Apartment Building coverage can be quoted, bound and delivered to your e-mail inbox quickly and accurately during one five-minute phone call. CGL Coverage Available: • Primary Limits up to $3 million Occurrence/Aggregate • $5,000 Medical Payments Coverage • Additional Interests • Hired and Non-owned Auto available • Excess or Umbrella Limits up to $5 million
* Available coverages and markets may vary dependent upon risk characteristics.
Property Coverage Available: • Building • Contents • Business Income • Basic, Broad or Special Form • Replacement Cost or Actual Cash Value • Inland Marine • Equipment Breakdown • Computer Equipment • Outside Signs
The TAPCO Service Pledge • “A”-rated non-admitted carrier
• Quick claims handling
• Competitive pricing
• $10 credit to your personalized TAPCO EZ Bucks Visa debit card with each policy
• Fast policy turnaround • In-house financing available in most states
1,000 Strong
• Visa, MasterCard and ACH payments accepted
More than 1,000 classes of P&C business written under binding authority.
800-334-5579 www.gotapco.com
IIABSC Chairman of the Board Kathy D. McKay, CIC, CPIW
I Miss My Dad
M
y Dad was a small business owner and appreciated competition. He recognized the power of fellowship and collaboration for the greater good of his industry, mechanical contracting. He would be incredibly proud of my affiliation with Independent Agents and Brokers of South Carolina. I can picture him sitting down to discuss with me the many activities of our association over a cup of coffee (or more realistically, a glass of scotch). Growing up, my parents taught my brother, sister and me the importance of education, trust, honesty and community. I couldn’t be more thankful. Every single day I reflect on what they taught me, and I do my best to show that through my work with fellow agents across the state. Excellence through education is important when servicing our customers. Independent Agents and Brokers of South Carolina has been recognized repeatedly on a national level for excellence in providing quality programs for agency members. Our industry is constantly changing and often misunderstood, which is why it is vital that agents have the opportunity to familiarize themselves with the industry and its many products. In addition, our association continues to add online opportunities as an alternative to conventional classes. The task is far too great for individual agencies, but thanks to our Education Department, all members have accessibility to a wide range of products. The association’s annual visit to Washington, D.C. is a perfect example of working together for the betterment of the industry. Nearly a thousand agents or more from
6
South Carolina Agent & Broker • Summer 2011
around the country meet annually in our nation’s capital to discuss the position of the Big “I” in regards to current legislation. This year the agenda included extending the Flood Program, the modernization of agent non-residence licensing and the exclusion of agent compensation from the Medical Loss Ratios formulas. You can read more in Jon Jensen’s State Director column, but our Congressmen supported all agent concerns. Thanks in great part to Tom Bates and his wonderful committee, our Relay for Life project has exceeded all expectations. Agents and agencies have embraced their local events by raising additional money, but more importantly by attending the events and promoting the Trusted Choice® brand. I am proud to say that the agents of South Carolina are truly living the brand both in the office and in their communities. Jay Taylor and his committee are busy putting the finishing touches on the Young Agents Conference that will be held in Charleston at the end of this month. The event will further development of the future leaders of our industry in every way through education by training them on E&O risk management and using social media appropriately as well as by providing opportunity to foster their professional and interpersonal relationships with their peers in the industry. Each of these association opportunities reminds me just why I miss my Dad. If it weren’t for him and his desire to make his own industry better, I wouldn’t be who I am today, and I wouldn’t take such great pride in all that we do here.
A ATT CMYK 03-08 4
10/31/09
1:32 AM
Page 1
Protecting Those Who Protect Us Military Benefit Association has a proud 50-year history of promoting financial security to the military and federal government communities. We sponsor a variety of group term life insurance coverage for active duty service members, military retirees, veterans, federal government employees and their families.
Premium rates are competitive, and members can keep their coverage after they leave government employment. Additionally, MBA offers a selection of valuable benefits that provide members with discounts for essential products and services. Contact us if you are interested in marketing MBA-sponsored life insurance.
Visit our website for more information:
www.militarybenefit.org or call our toll-free number
(800)-458-3087
Life Insurance underwritten by Government Personnel Mutual Life Insurance Company. Not available in all states.
GP01 05-08
National Director Jon A. Jensen, AAI, AIP
O
ne of the great events each year for our association is the IIABA National Legislative Conference in Washington, D.C. Nearly a thousand agents from every state gather collectively to meet with their respective state congressional delegations and discuss federal issues that are important to independent insurance agents. While IIABSC organizes an official delegation for this conference, the event is open to any Big “I” member that would like to participate. Contact Frank Sheppard at IIABSC if you are interested in learning more about future National Legislative Conferences. Nine IIABSC members represented South Carolina at this year’s event back in April, and we visited with every House and Senate office from our state – including personal meetings with all six SC Congressmen. The schedule is fast-paced, eight Capitol Hill visits packed into one day. But the exchange is invaluable for Senators and Congressmen who hear directly from their constituents how legislation will affect our business back home. This year, we also had the unique situation of meeting with four new South Carolina representatives – each of whom took time to speak with us personally. Our national association has one of the most respected federal affairs offices in Washington. On a day-to-day basis, Big “I” members can be extremely confident that their business interests are being advocated by our national lobbying team. That effectiveness is amplified when you add the grassroots contact of personal relationships that IIABSC members have with the South Carolina Congressional delegation. This year, we discussed several key issues with legislators including: 8
South Carolina Agent & Broker • Summer 2011
The Big “I” is on Top of Federal Legislative Issues
FLOOD INSURANCE EXTENSION: The Big “I” No. 1 priority on flood insurance is for Congress to take action and pass a long-term extension. As a part of any reauthorization, The Big “I” supports reforming the program for its long-term solvency by reducing subsidies, dealing with repetitive loss properties and making the program more attractive for consumers through the inclusion of optional business interruption insurance and additional living expenses coverage. The Big “I” strongly supports the National Flood Insurance Reform Act of 2011 that would make these needed reforms and extend the program on a long-term basis. INSURANCE REGULATORY REFORM: The Big “I” believes that the stability exhibited by the insurance industry during the financial markets crisis of the past several years has demonstrated the underlying strength of state insurance regulation. While Congress enacted sweeping reforms for most of the financial services industry in the form of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), it wisely left day-to-day regulation of the insurance market at the state level. DoddFrank contains some provisions that will affect insurance, and The Big “I” is committed to ensuring that these new provisions are properly implemented so as not to exceed congressional intent. The Big “I” will be particularly vigilant to ensure that the newly created Federal Insurance Office (FIO), an informational office within the Treasury Department with no regulatory authority, does not experience “mission creep” and go beyond its very limited mandate. Finally, while The Big “I” supports a modernized state regulatory system, it strongly opposes federal insurance regulation either via the so-called optional federal charter (OFC) or mandatory federal regulation.
ENTHUSIASM IT’S CON TAGIOUS
AGENT-LICENSING REFORM IIABA POSITION: The Big “I” strongly supports legislation to reform the nonresident licensing of agents and brokers to help streamline the licensing process and allow them to better serve the insurance consumer. The National Association of Registered Agents and Brokers Reform Act (NARAB II) would improve the insurance market and would allow agents and brokers operating on a multistate level to avoid duplicative licensing requirements while maintaining important consumer protections. HEALTH-CARE REFORM IIABA POSITION: The Patient Protection and Affordable Care Act (PPACA) has created a two-fold problem for small business members of The Big “I”: as consumers of health care, we are facing more government intrusion and less competition, and as health insurance advisors we are experiencing dramatically diminished compensation. Over the last year, the Big “I” has worked with Congress and the Obama administration on implementation of the various provisions of the law important to agents, brokers and our consumers. In particular, The Big “I” strongly opposes the recently implemented Medical Loss Ratios (MLRs) regulations, since they have created severe downward pressure on agent commissions, which will cost small businesses jobs and lead to less service for consumers in a new and more complex healthcare market. As a result, the Big “I” strongly supports H.R. 1206, the Access to Professional Health Insurance Advisors Act, which would exempt agent commissions from the MLR calculation. As you can see, there are some very important federal issues affecting independent insurance agents and Big “I” members can be confident that their national federal affairs team will be strongly advocating on their behalf – each and every day. But also remember that you are a vital part of the process as a grassroots contact back here in South Carolina.
“My hobby as a fitness instructor allows me to help people—similar to my position at J.M. Wilson. I love being able to assist our agents and our companies in finding a solution when a loss occurs.”
Jessica Garcia, CISR Claims Supervisor—and fitness fanatic Connect with Jessica on LinkedIn!
Managing General Agency Since 1920 Property/Casualty • Professional Liability • Surety Commercial Transportation • Personal Lines • Premium Finance
800.666.5692
jmwilson.com
Summer 2011 • South Carolina Agent & Broker
9
Summer 2011 • South Carolina Agent & Broker
11
113th Annual Convention Chairman Jon Jensen, AAI, AIP
y k o o Spooky p SMarket It’s a
113th Annual Convention
Oct. 30 – Nov. 1
12
South Carolina Agent & Broker • Summer 2011
y
p S
ok
o o
y k
po
S
Charleston has always been one of our best conference tournament, there two Monday midday spouses programs spots, but this year’s convention promises to be even more that include lunch. The first is a cooking demonstration with special as we enjoy one of our nation’s oldest cities during a local chef where participants take home the recipes, and Halloween, from Oct. 30 – Nov. 1 at the Charleston Place the second is a historical walking tour that will examine Charleston’s colorful past and rich history. This tour will Hotel. You won’t want to miss it. “It’s a Spooky Market Out There” is our theme, and include cobblestone streets, antebellum mansions and we’re working to help your agency stay resilient in these private gardens, ending with lunch at a local restaurant. This year’s convention is sure to be a great time full scary economic times with an entire day set aside for networking with company reps and fellow agents in our of great takeaways you can start implementing as soon as Halloween-themed exhibit hall as well as CE sessions on you get back. Registration has already opened, find online disaster recovery, media training, ethics and boosting the registration and printable forms on our website, www .iiabsc.com. Links are on the home page, and the “Annual local online presence of member agencies. We’ve made a few changes to the format this year. In Convention” event page can be found under the “Events” keeping with our theme and the season, we added a ghost Menu. Once your registration is confirmed, a hotel and graveyard walking tour of Magnolia Cemetery (the reservation form will be sent to you. You cannot register at city’s oldest graveyard) on Sunday night after the opening the Charleston Place Hotel under our special room rate of reception, which will be held offsite at the SC Aquarium. $209/ night without it. Hope to see you there! Our golf committee has been beefing up our Monday afternoon golf tournament, starting a little earlier in the day and ending with a short awards ceremony and reception. To keep Monday from being such a long day we shortened the general session by HIGHLIGHTS: moving the keynote to Tuesday morning and going straight to the breakouts after a welcome Networking & Exhibit Hall: Sunday provides a day of networking with message. company reps, vendors and fellow agents in our Halloween-themed Speaking of the keynote, our featured speaker exhibit hall. Our welcome reception is offsite at the SC Aquarium, this year will be Charleston’s Dr. Ann Kulze, followed by an optional walking ghost and graveyard tour of Magnolia M.D. A regular contributor to ETV Radio’s Your Cemetery. Day, you may know her simply as Dr. Ann. Her motto is “Wellness Delivered, Pure and Simple” Education opportunities: CE sessions include testimonials on the and that’s what you can expect from her session importance of disaster recovery, media training with SC Insurance News during Tuesday’s breakfast. The demand for Service’s Russ Dubinsky and an introduction to the Consumer Agent corporate wellness programs keep growing as Portal (CAP), an initiative by our national association to boost the local health-care and costs and group plans premiums online presence of Trusted Choice® agents. continue to skyrocket. While most of our small Local sights & free time: There is plenty of free time to enjoy the agencies don’t think they can afford to implement wonderful city of Charleston, activities in addition to those already wellness plans, Dr. Ann provides a blueprint for a mentioned include a cooking demo and lunch with a local chef, walking lifetime of healthy eating in “Eat Right for Life!” history tour and an improved golf tournament at Patriot’s Point Links. than can be a great start to establishing a wellness culture throughout your agency. Better still, it’s a Keynote: Charleston’s Dr. Ann Kulze, MD will teach you over breakfast session that you can bring your spouse to. Tuesday morning how to keep your body resilient by translating health We have definitely kept the spouses in science into a simple, fun and straightforward presentation. You will be mind while planning this year’s convention. In entertained and come away with everything needed to “Eat Right for Life.” addition to Sunday night’s activities and the golf
Healthy Living: Get Healthy,
$ave Money
By Dr. Ann Kulze, M.D. IIABSC Annual Convention Keynote speaker It is my pleasure to share with you tips for getting healthy that can save you money too. Frankly, there has never been a more opportune time to take charge of your health because three of its greatest fringe benefits include boosting productivity, reducing stress levels and reducing health-care costs – all particularly relevant and valuable in these tough economic times. My best advice follows: • Get fit. Fitness is free if you want it to be and regular physical activity remains the single most powerful means to protect broad spectrum health. It is the closest thing we have to the “magic bullet” on the disease prevention and vitality front. Brisk walking is cheap and perhaps one of the most beneficial types of physical activity. • Make water your beverage of choice. Water has zero calories, costs just a fraction of a cent from the tap (most bottle waters are) and is the healthiest beverage for the human body. Sodas, fruit drinks, sports drinks, etc. cost money, have zero nutritionally redeeming value and predispose to weight gain, tooth decay, Type II diabetes and metabolic syndrome. Summer 2011 • South Carolina Agent & Broker
13
• Control your portions! This can certainly trim your grocery bill and your restaurant bill. Plus recent scientific evidence finds that consistently controlling portions is the fastest direct route to weight loss. • Prepare your own food. It is cheaper, often quicker and healthier. People who dine out eat more calories, saturated fat, sugar and sodium, and they spend more money than those who dine in. For a family of four, eating in even once more a week can save a hundred dollars or more a month. • Buy locally grown produce. It is better for the environment, fresher, tastier, higher in nutrients and cheaper. Recognize that 2/3 of produce are cheaper in fresh versus frozen form. • Buy produce in bulk. You can save up to 40 percent by buying large bags of apples or oranges versus purchasing them individually. • Buy staples in volume. There is always better value in volume. Examples: A large container of whole oats has 30 servings and costs the same as 10 single-serving packets. You can get 12 servings of black beans per bag in dry form vs. three servings in the can for the same price. • Use non-fat dry milk in baking and cooking. It is dirt cheap and has a long shelf-life. • Fortunately some of the healthiest foods remain the cheapest. Examples: Bags of dried beans have megawatt nutritional power, as they are loaded with fiber, B vitamins, minerals, antioxidants and healthy vegetable protein, and they go for about 12 cents per serving. Large bags of brown rice are a delicious and super-nutritious whole grain. You can get a serving for 15 cents. • Go for the specials. Stock up on frozen veggies (no sauces of course) when on sale. • Avoid “convenience” foods. You will always pay more for anything already washed, sliced, or ready-made. Do it yourself to save. • Make a healthy dinner and take leftovers for your lunch the next day. • Have a meatless meal once or twice a week. Beans and rice are an awesome, healthy duo. Veggie stir-fry over brown rice is another one of my family’s favorites. • Don’t shop hungry and leave the kids at home. You will buy less and eliminate the “whine factor.” Go for the 14
South Carolina Agent & Broker • Summer 2011
store’s generic brands of staples. Most palates can’t tell a difference, and they are cheaper. • Some of the healthiest veggies are often the cheapest, including: cabbage, dark leafy greens, carrots, sweet potatoes and Brussels sprouts. • High-quality dark chocolate is a truly healthy dessert. You can buy dark-chocolate baking chips (ex: Ghirardelli 60% cacao) and get twice as much for your money vs. buying in a bar or individually wrapped pieces. • Make your own salad dressing. Homemade extra-virgin olive-oil vinaigrette takes three minutes to make, is 100 percent healthy and tastes better than the bottled type. • Lastly, don’t consider spending your money to purchase bad health. Sodas and standard junk foods like donuts, cookies, pastries, etc. have zero health value. To the contrary, they can lead to weight gain, Type II diabetes, heart disease and a host of other costly conditions. Learn to place value in food on the nutrients they can provide versus the calories. Most of us are in need of nutrients, not calories. An apple and a pastry cost about the same in the grocery store. Apples are sweet and delicious and provide more than 150 health-boosting agents. The pastry provides nothing of value and is actually filled with things that have been associated with poor health, including excess sugar, refined flour and unhealthy fats. Come to the IIABSC Annual Convention to be held at the Charleston Place Hotel Oct. 30 – Nov. 1 and hear Dr. Ann’s Tuesday-morning presentation, Eat Right For Life. With electrifying energy and unrivaled credibility, Dr. Ann brilliantly transforms the compelling body of new science as it relates to diet and health into a program that is simple, fun, delicious and completely straightforward. The audience will be motivated and entertained, but most importantly, walk away with take-action-today inspiration and everything they need to know to “eat right” for a long, active and vital life. Dr. Ann has been featured in a number of national media outlets including Oprah and Friends Radio, The Dr. Oz Show, Time Magazine, WebMD, Cosmopolitan and Prevention, among many others. For more background on Dr. Ann please visit www .DrAnnwellness.com.
Elly’s Travel Adventures
Elly Pachy Derm, the Golden Elephant, is the award given at the IIABSC annual convention to exhibitors judged to have the “best booth” according to the theme for the year. She resides with the winners the entire year and tours the state, visiting with IIABSC member agents. From her blog:
October 26, 2010,
2010 Winner:
December 20, 2011,
Mmmm, an elephant bed never felt so good! Here I am all tucked in for the night after celebrating late into the night with Mark Brandt and Mary Ellen Lackey of the SC Grange Team. Tomorrow I’m headed to Grange World Headquarters in Columbus, Ohio to obtain a little debriefing before beginning my field work in South Carolina.
9:02 pm
Yours truly at the Grange Marketing Department’s Christmas Party. We could blame the eggnog, but nobody clarified that the gift exchange tonight was officially a white elephant gift exchange. Seriously? Everyone knows gold elephants are far more rare, not to mention, more attractive.
March 24, 2011, 9:42 am We stopped in at Bethea & Bethea Insurance in Latta, to help Becky Rogers, a new producer with life insurance training and to review auto rates with Jane. Can you see me triumphantly singing their praises in the background? Jim Brown, agency principal, also joined us for this candid, celebratory pic.
March 16, 2011,
1:12 am
12:30 pm
Grange special visitor day! Kathy Cunningham of the Grange Life Department tagged along with us today. We took some agents from Palmetto Pride Insurance in Sumter out to lunch. Look how much fun Fairy Anne Hatfield, Bryan Hatfield and Phil Waynick had with us! The lunch topic was about the cool new Grange life products coming soon but the real highlight was the ample bowl of peanuts they were classy enough to provide me. Yay, Palmetto Pride!
Read full blog with photos at
www.iiabsc.com/elly
Summer 2011 • South Carolina Agent & Broker
15
Where Are Potential E&O Claims
O
Lurking in Your Agency?
n average, one in 12 agencies will report a potential E&O incident to their carrier in a given year. Agency owners who over the years have never experienced an E&O claim might say with an air of confidence in that “it will never happen to me.” But I’m sorry to say that even the best run agencies in the country with the most thorough and consistent agency procedures can be involved in an E&O claim. It is, however, your agency practices and procedures that can extricate you from a claim or mitigate its impact with a solid defense. As the largest writer of agency E&O in the country, looking at common errors we see in the Big “I” Professional Liability Program can help you discover some potential E&O claims lurking within your agency. In most cases there must be an uncovered loss for which the client or a third party suffered damages generated from a breach of agent duties in order for there to be an E&O claim. So obviously, the leading E&O claim made is for failure to procure coverage. In order to prevent E&O policies from being used as client backstop insurance, an emerging trend is for even if the claim is paid, the primary carrier is turning around and suing the agency for damages incurred from the agent’s negligent error! On a large scale, failure-to-procure types of claims can be broken down in two interrelated
16
South Carolina Agent & Broker • Summer 2011
categories: knowledge- and procedural-based errors. In general, knowledge-based errors occur because of inadequate staff training, lack of familiarity with the coverage being offered or an inability to appropriately analyze the risk exposures being insured. Procedural-based errors, on the other hand, are those that are generated from a lack of timely action or followup. Avoiding both knowledge-based and procedural types of errors should be the overall goal for the E&O risk management of the agency. A few high-level things your agency can do to create a solid foundation within the agency for avoiding E&O claims are: 1. Understand your state’s specific standard of care. For articles on South Carolina’s search the Swiss Re risk management site for Westport policy holders, www .independentagent.com/EOHappens. 2. Hire qualified employees and provide adequate training. 3. Implement employee education programs (both agency E&O and coverage lines in general). 4. Implement and monitor an agency workflow procedures manual**. Periodically allow input from staff on enhancements to the workflow process.
U N i v e r s A l vA l U e # 2
Do your best. It seems like a simple thing. But not all insurance companies are the same. At Universal North America®, paying claims promptly, taking care of our agents and policyholders and reserving sufficiently is our nature. We’re here when you and your clients need us most. Like you, we won’t settle for good enough. It’s one of those Universal values we do business by. (866) 338-4262 UniversalNorthAmerica.com Universal North America Insurance Company is rated A - (Excellent) by A.M. Best & Company. Insurance products are issued and underwritten by one of Universal North America’s insurance companies: Universal North America Insurance Company or Universal Insurance Company of North America. Issuance of coverage is subject to underwriting review and approval. Products may not be available in all states. © 2011 Universal North America.
HOME
FLOOD
AUTO
5. Use exposure analysis checklists on new business and renewal accounts. 6. Thoroughly document your client file with offers and declinations of coverage and other vital client dialog that would provide a defense in the event of a claim. 7. Have an ongoing dialog with staff throughout the year about the importance of avoiding E&O claims as a matter of staying in business. Now, let’s take a look at the general demographics of the claims made against agents. Agency producers are the ones most frequently named in E&O claims, followed by CSRs. Neither is surprising because they are the ones who most frequently touch accounts. E&O claims are most frequently made on new business transactions, and commercial-lines policies drive both claims frequency and severity. Commercial general liability is the most common underlying coverage in which claims are made. Below is a list of the most common types of E&O claims made against agents. These examples can provide you with direction on where to find existing E&O claims lurking in your own agency, just waiting to rear their ugly heads, and where to focus on preventing new ones. 1. Failing to recommend a specific coverage type or adequate limits – the most frequent claim made against
18
South Carolina Agent & Broker • Summer 2011
agencies as discussed above. Producers and CSRs need to be aware of the potential for these types of E&O claims. Risk management prevention tip: Using risk-analysis checklists and questionnaires can help uncover areas of exposure to the client. They provide an excellent opportunity to increase revenue for the agency by offering needed products to your customer. Also, let the client select the limits, but do offer higher limits to avoid the claim of offering inadequate limits. E&O claims revolve around documentation so make sure the client file includes solid documentation including offerings and declinations of coverage and higher limits. Review the policy when it comes in to make sure that the policy is reflective of the information included in the proposal. Since SC case law has established that the policyholder has a duty to read their policies, it is especially important to deliver the policy in a timely fashion, as this practice could be a claim defense strategy. 2. Failure to provide timely notice of a claim to the carrier – another procedural-driven error that would seem to be easily addressed within the workflow procedures** of the agency.
Risk management prevention tip: First, don’t affirm or deny coverage, which is the carrier’s job. Second, clients need to understand the process they should follow if a claim occurs. During the policy delivery process, reference the provisions within the policy that should be followed should a claim occur. If the policyholder is responsible for reporting claims directly to the carrier let them know that and document your file. If claims are submitted to the agency, endeavor to submit them to the carrier within a predetermined timeframe and set a reminder in the agency management system to follow up with the carrier to be sure it is being taken care of. The client file should be documented accordingly. Finally, be sure to put any carriers who might provide a defense or coverage on notice. This part is especially important in areas of liability and where excess coverage may be involved. 3. Failure to process applications in an accurate or timely manner – another error more procedural in nature. Risk management prevention tip: Communication between those responsible for new business processing is key to these types of claims. The producer, or whoever is gathering the client information for the application, needs to communicate effectively with the CSR who is entering the information
and marketing it to the carriers. The agency procedures manual** needs to outline the process and make certain that an appropriate system for follow-up is in place. Also, if the application can’t be processed, then confirm in writing to the insured and notify them of the required information to proceed. 4. Failure to duplicate coverage upon renewal – This error is one that straddles the line of procedural- and knowledgebased errors. It can involve not only the renewal within your agency but also when an account is taken over via Agent of Record (AOR). Risk management prevention tip: Don’t get complacent in the renewal process. Offering additional coverages and cross selling products upon renewal is an excellent way to counteract the most common claims of failure to offer coverage. For accounts taken over on AOR look at these in the same way you would new business accounts, including using a risk analysis exposure checklist. 5. Failure to make policy changes requested by the client – from what we see in these types of claims, producers were often involved in a process that would more likely be
MarchHalfpageAssure-Final_Layout 1 2/15/11 1:06 PM Page 1
INNOVATION — OWN ERSHIP — S UCCES S 1 .85 5.3 .A SS URE ( 2 7 7 8 7 3 )
www.assureallian ce.c om
Formerly known as Georgia Agent Network, South Carolina Agent Network & Coastal South Carolina Agent Network
Summer 2011 • South Carolina Agent & Broker
19
handled by the CSR. Improper implementation or following of workflow procedures are the causes of these types of errors. Risk management prevention tip: Policy changes come in three shapes and sizes: increasing, reducing or modifying coverage. The key ingredient to avoiding these types of policy-change errors lies in the follow-up process to be certain that changes are made in a timely fashion and do not fall through the cracks. Policy changes should be confirmed in writing and only accepted from the named insured. If the insured asked for a reduction in coverage, advise them of the consequences and document the file accordingly. Finally, make sure that when adding additional insureds to the policy you confirm this with the company. We often see CSRs attempting to add additional insureds to the policy via a certificate of insurance, which can lead to the failure to procure coverage claim. Many of the above common E&O claims can be prevented by having a knowledgeable agency staff that constantly follows agency workflow procedures. As an agency principal, monitoring compliance of agency procedures is paramount to
20
South Carolina Agent & Broker • Summer 2011
uncovering E&O claims that may be lurking in your agency. The most important element to any E&O claim is documentation. So many E&O claims are “he said, she said” situations. Your agency may have acted appropriately, but if you did not document your actions using invariable practices you will lose in court. **If your agency needs help writing a workflow and procedures manual, IIABSC will be offering a Business & Procedures workshop this fall in Columbia, Greenville and Myrtle Beach. Participants will leave this workshop with a manual tailored to their agency, plus they will earn CE credit and possibly qualify for the ERC 10% loss control credit. This article is written as value-added service of the Big “I” Professional Liability Program. Any reprint of this article without written consent is prohibited. For more information about the Big “I” Professional Liability program, contact IIABSC Insurance Programs Director Laura Cornell, lcornell@ iiabsc.com,803.731.9460 x22.
Summer 2011 • South Carolina Agent & Broker
21
Combat Cybercrime and Protect Your Agency With Simple
Security Steps
W
By Danielle Johnson, InsurBanc VP
hat is Cybercrime? Like traditional crime, cybercrime covers a broad scope of criminal activity and can occur anytime and anyplace. What makes it different is that the crime is committed using a computer and the Internet. You may recognize some of its most common forms such as identity theft, computer viruses and phishing and at a corporate level, computer hacking of customer databases. Most people are aware of these and protect themselves and their PCs with anti-spyware and anti-virus software such as Norton or McAfee programs. As an agency owner, you should be alert to the fact that cybercrime is becoming more and more sophisticated and not only targets consumers and large corporations, but smallto medium-sized businesses as well. Single programs against these intrusions are not enough. An alarming tactic now affecting small- to medium-sized businesses is “corporate account take over,” where cyber criminals penetrate a business’s computer network and spreads malicious software, such as a “keylogger” which records the words typed, Web browsing history, passwords and other private information. This captured information allows them access to programs using your log-in credentials. If they steal your password and breach your online banking system, the cyber criminal can begin an online session to initiate funds transfers by ACH or wire transfer to their accomplices. The accomplices withdraw the money almost immediately. Take the first steps to prevent fraud at your agency – become aware of the latest cybercrimes and how they can access a business’s computer network. An agency should also employ the most up-todate online security practices on a pro-active basis.
22
South Carolina Agent & Broker • Summer 2011
Agencies can also take the opportunity to present these online security practices to their clients, as many are also instituting internet-based online programs at their businesses. Online Security Practices While no tools or automated software is 100 percent effective, the best solutions to protect your agency are to be well informed and use common sense. Using a multiple vendor, multi-layer approach to system design can significantly reduce your chances of being a victim of cybercrime. To assess the risks associated with a cyber intrusion of your agency’s online systems and critical client data, ask yourself the following questions: 1.
Does your agency have a hardware-based firewall at the network level?
2.
Does the network firewall include anti-virus, antispyware and anti-spam services along with content filtering and intrusion prevention, detection and realtime reporting?
3.
At the individual PC level, does each computer have centrally updated and monitored anti-virus, antispyware and anti-spam software loaded?
4.
Are your computers set up to automatically update your operating system and applications for the latest available security and critical updates?
5.
Do you consider your browser security setting to determine how much or how little information the browser can accept from or transmit to a website?
6.
Does your agency have a security policy in place that includes such policies as disaster recovery, use/ storage of passwords, use of social media on work computers, etc.?
7.
Does your agency back-up critical files in case of an issue that disables your systems?
8.
Has your agency identified an individual to review security policies and practices on an ongoing basis?
9.
Are you aware of the laws governing the protection of personal information in our state?
10.
Do you have cybercrime insurance to protect your data and liability exposure in the event of an intrusion? Summer 2011 • South Carolina Agent & Broker
23
nd ep
J Sin
J
ie s mpan Co
Serving I
tA den gents &
en
ce 1930
Get Comparative HO3 Quotes in Record Time!
Getting the right coverage at the right price is essential, and J&J knows that finding it quickly is more important than ever before in today’s marketplace. At J&J, we continually strive to streamline our processes while adding markets for our valued South Carolina agents. That’s why we are so excited to release our New Online Homeowners Program! Enter the information into our comparative rater once and you will have the ability to view all of the available markets and quotes! Occupanices: Primary, Secondary, Tenant, Vacant, Builders Risk, and more Coverage A values ranging from $100,000 - $1,000,000 online Higher Values by submission - send completed application to quote@jjins.com 24/7 online quoting capabilities Wind Coverage available on the coast (excluding oceanfront) Dwelling Fire form also available online
Log on to www.JJINS.com today and discover for yourself just how easy it is to obtain online comparative HO3 quotes in record time!
JJPF is ready to assist your clients with premier premium financing. Chat with us online at www.jjpf.com!
800.868.5573
Chase Warrington, AU Marketing Representative
843.469.1320 or dcw@jjins.com Willie Dodds
Marketing Representative
843.442.1017 or wgd@jjins.com
Johnson & Johnson 800.487.7565, ext. 5021 www.JJINS.com
11.
Does your agency have a training program to educate employees on best practices to avoid becoming a victim?
12.
Does your online banking system provide multiple layers of security tools to prevent intrusions into the system such as token-based authentication? Agency principals should consider the types of transactions they conduct within online banking and check with their banking institution for available security enhancements.
These are just some of the basic steps an agency can implement to assess and protect itself from cybercrime. Your agency should have a network security assessment and review conducted by a certified information technology firm that specializes in network security. This evaluation will help you to identify the “next steps” in securing your network and data from unauthorized access and distribution. If Your Agency Becomes a Victim If you discover, or even suspect, your agency has fallen victim to corporate identity theft, you should proceed as follows:
26 10-274 South Carolina Agent & Broker1• Summer 2011 IIA SC Agent & Broker Ad txtoutl.indd
1. Immediately cease all online activity and contact your IT administrator. 2. Remove the affected computer from the network and any other computer stations involved. 3. Contact your financial institution to disable online access to the accounts and close affected accounts. You can then open new accounts and reset passwords. 4. Consult your counsel and your state’s data breach notification law (www.scstatehouse.gov/code/t39c001.htm, Section 39-1-90) and regulations to ascertain the process you need to follow. 5. Notify other business partners that may have been affected, such as your insurance carriers. 6. File a report with the police department. Common Online Fraud Definitions • Malware refers to software programs designed to damage or do other unwanted actions on a computer system. Common examples of malware include spyware, keyloggers, and viruses. • Spyware is a type of malware installed on your computer without your knowledge. It collects small to large pieces
11/12/2010 1:09:32 PM
•
•
•
of personal information including Internet surfing habits. It can redirect web browser activity and change computer settings. Spyware is typically hidden from the user, and can be difficult to detect once installed without proper antispyware tools. Keyloggers, as with spyware, are installed on your computer without your knowledge. It is the action of tracking (or logging) the keys struck on a keyboard, typically in a hidden manner so that the person using the keyboard is unaware that their actions are being monitored. Keystroke logging can record the words typed, web browsing history, passwords and other private information. It is extremely dangerous in all aspects of computer usage. Viruses are an ever changing and constant threat to all systems. Based on their digital makeup they can deliver malicious content to your data and systems in an effort to either collect data, destroy data or turn your systems into a machine that spreads the virus or other malware. Phishing is the act of obtaining personal information or spreading malware using emails, calls, text messages or pop-up messages from what appear to be friends or legitimate banks, retailers, government agencies or other organizations.
All of the security tips presented here are simply guidelines to aid agencies in not becoming a target for cybercriminals. However, none can be guaranteed 100 percent effective. Editor’s Note: Please also refer to ACT’s “Security & Privacy” page for a prototype agency information security plan and recorded webinar, which will help agencies fashion their written security plan and implement their security program. Go to www. iiaba.net/act and click on “Security & Privacy” in the gray shaded area on the left side of the page. Danielle Johnson is the VP, Director of Information Technology at InsurBanc, which IIABA and the W.R. Berkley Corporation established to assist independent agencies, businesses and consumers with their specific banking needs. Danielle prepared this article for ACT, and she can be reached at technology@ insurbanc.com. This article reflects the views of the author and should not be construed as an official statement by ACT.
Optimize Your Agency’s Cash Management With A Bank That Works Like You InsurBanc was founded by insurance industry leaders, giving us the expertise to assess your independent agency’s financial position and, like you, provide professional advice and recommendations. We combine the flexibility and convenience of technology with the personal touch of our dedicated staff. InsurBanc recognizes the uniqueness of your agency business and offers a range of specialized deposit products to help facilitate cash management and maximize value. We look at your agency’s individual cash flow situation, then design a cash management program to meet your needs. • Depository Accounts • Online Banking/Bill Pay • Remote Deposit
Call (866) 467-2262 or visit InsurBanc.com
• Remote Lockbox • Positive Pay • Token Layer Authentication
To partner with an advisor that knows the agency business turn to InsurBanc.
Summer 2011 • South Carolina Agent & Broker
27
2011 Big “I” SC
Spring Conference
Thank you, March 16 - 17 sponsors Embassy Suites, Columbia, SC Palmetto Partners: AFCO/ Prime Rate Premium Finance American Strategic Insurance AmTrust North America Auto-Owners Ins. Co. Bankers Insurance Berkley Mid-Atlantic Group, LLC Capitol Preferred Insurance Companion Property & Casualty Frontline Homeowners Ins. General Casualty Hanover Excess & Surplus, Inc. The Hartford IIABSC Agency Jackson Sumner & Associates Johnson & Johnson Main Street America Group Preferred Specialty Progressive RPS Continental Southern Cross Underwriters St. Johns Insurance Company Tapco Underwriters, Inc. Travelers United Property & Casualty Ins. Co. Universal Ins. Co./ The Seibels Bruce Group Zurich Small Business/ Farmers/ Foremost
Additional Sponsors: Appalachian Underwriters/ Accident Insurance Co. General Casualty NetComp Insurance
28
South Carolina Agent & Broker • Summer 2011
typical agent workday
1
Login to BoB 2.0
2
Quote and write poLicy
working with builders mutual is just that easy. We’re always looking for ways to help our agents offer better service and coverage to their customers. By attending our exclusive training, using our online resources and exploring our increased appetite, you’ll become—and stay—the “go to” agent for residential, commercial and trade contractors.
if you’re in construction, the insurance choice is simple.
(800) 809.4859 • buildersmutual.com
One-Stop Insurance Shopping GUARD now features a comprehensive insurance solution that offers the multiple lines of coverage typically needed by small- to mid-sized businesses. For employees
Workers’ Comp For property and liability
Businessowner’s Policy For vehicles and fleets
Commercial Auto For added protection
Commercial Umbrella
Visit www.guard.com/apply OR call 800-673-2465, ext 4567 to request an agency appointment.
Secure, Competitively Priced Protection Including: Increased limits Coverage extensions Price discounts Good income potential
GUARD Plus
Comp • Businessowner’s • Auto • Umbrella
When your South Carolina clients get both their Workers’ Comp and Businessowner’s Policies from us, special discounts become available as well as consolidated billing. Call us to learn more about our underwriting appetite, which includes some coastal exposures. A- (”EXCELLENT”) A.M. Best Rating
Summer 2011 • South Carolina Agent & Broker
29
More photos from 2011 Spring Conference
30
South Carolina Agent & Broker • Summer 2011
By Terry Tadlock, CPCU, CIC, CRIS
Don’t Get
BLINDSIDED
by a Property Lease
W
hen my daughter went away to college, she and two of her friends decided to rent an apartment. She brought the apartment lease to me (I guess I was the only parent gullible enough to sign it) because the property owner required a parent’s signature. After reading the lease I was convinced that if I signed it, I would have to hold the property owner and management company harmless for almost anything. They could get into a bar fight on Friday night, and I would have to pay for their defense and any judgment or settlement. I took my concerns to the property manager, who admitted he had never actually read the lease. When I showed him some sections I had highlighted, he admitted that he wouldn’t sign the lease for his children either. Fortunately, he agreed to modify some sections before I signed. However, I imagine that many other parents signed the lease “as is” for their children, not fully
32
South Carolina Agent & Broker • Summer 2011
realizing what they were agreeing to. This experience prompted me start researching leases. Too often, I hear agents and brokers describe a similar situation. Many of their clients sign property leases without even reading them, much less understanding them. The leases can have important insurance implications, but many agents don’t ask to see them before writing an insurance policy. This practice can lead to uninsured exposures for clients and E&O exposure for agents. Before I begin, I want to make it very clear that I am not suggesting agents get involved in negotiating their clients’ leases, but I do believe they should check them for some basic provisions that may affect the insurance policies that are written. In this article, I’ll discuss some typical lease provisions that lead to insurance exposures and suggest different ways of dealing with them.
When it comes to professional liability coverage, we see things others miss. At Burns & Wilcox, our access to the most thorough and unique range of professional liability coverages ensures no detail is overlooked. We cover everything from medical professionals to consultants, data privacy to EPLI. Whatever it is, your clients will be properly insured in every possible way. Do not misdiagnose their professional coverage needs. Contact Burns & Wilcox, the largest independent wholesale broker and underwriting manager. • Commercial • Personal • Professional • Brokerage • Binding • Risk Management Services
Scan to see our video on professional liability. Download a FREE code reader at your app store.
Charlotte, North Carolina | 704.525.1152 toll free 800.999.3434 | fax 704.525.7399 charlotte.burnsandwilcox.com
Greensboro, North Carolina | 336.834.8778 toll free 866.832.4979 | fax 336.834.9066 greensboro.burnsandwilcox.com
Morehead City, North Carolina | 252.726.8992 toll free 800.498.1600 | fax 252.726.9484 moreheadcity.burnsandwilcox.com
Insurance Requirements - Mutual waiver of subrogation Legal Liability Coverage Form I think we should begin by asking the question, who is responsible for maintaining and insuring the building? Some leases require the tenant to purchase insurance on the building for the benefit of the landlord. I’m not thrilled with this arrangement. Even if the tenant provides a certificate of insurance, there’s always the chance that coverage will be inadequate at loss time, or that the landlord won’t be notified of a cancellation. Transferring the cost of insurance is one thing, but transferring the responsibility to insure is dangerous. One of the more common leases used today is referred to as a “triple-net” lease. This arrangement allows the property owner to pass on to the tenant(s) the cost of insurance, property taxes and maintenance but allows the owner to control the insurance policy. Other common leases require the landlord to insure the building, the tenant to insure his or her own personal property and the tenant to maintain his portion of the building as if he owned it. If a client has signed such a lease, you should consider the following: Loss scenario: Let’s assume that a storm causes the roof of your client’s (the tenant) space to collapse, damaging his property. The landlord’s insurance company pays for the damage to the roof ($50,000). Your client’s insurance company then pays for
34
South Carolina Agent & Broker • Summer 2011
the damage to his personal property; everyone is happy. A few months later, your client gets a letter from the landlord’s insurer stating: “We have determined that the collapse of the roof was a result of water back-up due to your failure to clean the gutters as required by your lease. Therefore, our subrogation department is enclosing a bill in the amount of $50,000; please pay at your earliest convenience. Hugs and kisses, the insurance company.” Your client’s first call will be to you, their insurance agent. What is your response? That’s what I thought. You have not written insurance to cover the building, you have only insured the personal property of your client as required by the lease. Your client then takes the letter to his landlord, who is just as upset about it as your client is. The landlord doesn’t want to lose a valuable tenant over the issue. He promises to do what he can about this. The next day, he faxes a letter to his insurer and asks that they not seek recovery from the tenant. What do you think the company did with this letter? Not only might the tenant be out of luck (and $50,000) in this situation, but the landlord may now be on shaky ground with his own insurer. The Commercial Property Conditions form transfers to the insurer the right, to the extent of its payment to the insured, to seek recovery from a third party. The form says the insured “must do everything necessary to secure our rights and must do nothing after loss to impair them.” By attempting to prevent subrogation, the insured might be construed by his insurer as impairing the insurer’s right of recovery. This condition allows the landlord to waive his right of recovery, but only in two situations as they apply to our scenario. First, the landlord may waive rights of recovery to anyone if they do so in writing prior to the loss, which is known as a mutual waiver of subrogation. The second says the landlord may waive rights of recovery after a loss to a tenant. The question now becomes, is the right still the landlord’s? The answer is no! The landlord does have the right to waive subrogation after a loss to a tenant, but must do so prior to receiving payment for the claim. Once payment is received, that right is no longer the landlord’s, but is transferred to the insurance company. So, how do we fix the problem? As you review the lease you should look for what is known as a “mutual waiver of subrogation.” It will look something like this: “…to the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, for the benefit of
each other, waive any and all rights of subrogation which might otherwise exist.” In the absence of such a waiver the insurance agent should look for a way to insure that part of the building that is in their care, custody or control. If a client’s lease does not include a mutual waiver of subrogation, suggest the Legal Liability Coverage Form. This is a property form, but it’s insuring agreement states, “We will pay those sums that you become legally obligated to pay as damages because of direct physical loss or damage, including loss of use.” Thus it might be said that it’s a property form that functions as a liability form. The mutual waiver of subrogation frees the tenant from liability; absent a waiver, the legal liability coverage form can provide coverage for the exposure. Tenants improvements and betterments Tenant’s improvements and betterments are one of the most complex parts of a property lease to insure. Agents need to write the proper coverage and be sure that their clients understand exactly what is being covered. Consider a client who gets a great rate on a 10-year lease in a strip mall because he installed $250,000 worth of improvements and betterments on the first day of the lease. They are a permanent part of the building and cannot be removed at the termination of the lease. Naturally, the client wants his investment protected for the duration of the lease. Agents should help such clients understand the following issues:
coinsurance penalty, it is because a landlord failed to report the increased building value resulting from tenant’s improvements and betterments. If the lease does not address this issue, it may be necessary for both the landlord and tenant to insure the improvements and betterments. What valuation method is used to pay claims? Remember that the BPP insures the “use interest” in the improvements, not the improvements themselves. This distinction, and the circumstances of a loss, dictates how much a client is paid. In the example above, assume the client’s building was completely destroyed by a fire five years into the client’s 10-year lease. What happens next depends largely on the landlord’s decision. If the landlord decides to rebuild, the tenant’s policy will pay actual cash value (or replacement cost if purchased) for the improvements and betterments. Notice it is the landlord’s decision. Your client may not control this. If the landlord does not rebuild, the BPP gives him “proportionate value” for the improvements and betterments. So if the loss is a total loss and we follow the assumptions above that we are in the fifth year of a 10-year lease, the tenant would only be paid $125,000. (250,000 x 5/10, the form calculates this based on days, but I don’t think you want to get into that math). Even if the client has selected the replacement cost option, he gets only
Who should insure the improvements and betterments and how are they insured? The Building and Personal Property Coverage Form defines under Business Personal Property “Your use interest as tenant in improvements and betterments” (Emphasis mine. You should explain to your clients the difference between insuring the cost to repair or replace improvements and insuring the use interest of the improvements.) This distinction will become important as look at valuation below. The improvements are also “completed additions,” and as such are listed as part of the “Building” earlier on page one of the coverage form. What this means is that the landlord can insure improvements as well, and could be asking for trouble if he doesn’t. Adjusters I have worked with tell me that in about half the cases in which they impose a Summer 2011 • South Carolina Agent & Broker
35
proportionate value if he does not rebuild. I don’t know many clients who would be happy with this loss settlement. If they paid a premium for $250,000 of insurance and it is a total loss they expect a check for $250,000. That possible scenario is why explaining “use interest” to clients is so important. If the landlord files a claim for the improvements (we’ve already noted that they’re also part of the building), the “Valuation” section of the BPP says that the insurer will pay the insured tenant “Nothing if others pay for repairs or replacement.” If you think a client might be upset to receive only half back from his $250,000 improvements, imagine how upset he would be if no payout led him to think he had been paying for coverage that he never needed! It can be especially important here to help clients understand the wisdom of insuring the exposure, even if they may later believe they didn’t need the coverage. A worse situation would be to rely on the landlord to cover improvements to find out too late that the policy had been cancelled, or that the landlord had failed to get coverage at all. The best method of protecting a client’s improvements and betterments combines lease terms and insurance. The landlord/ tenant can request a reduced lease rate in exchange for the improvements. He can also ask the property owner to insure the improvements, and in the event of a loss to either rebuild or pay the tenant a proportionate value for them. If the landlord doesn’t agree to do this, a tenant’s safest choice is to insure his use interest. Those are just two of the minefields we have to maneuver through as we deal with property leases. Be on the lookout for others in future issues of this magazine. I hope this explanation helps as you wander through the complicated world of insuring clients with leases. Terry Tadlock currently resides in Hilton Head Island, where he is a principal of Coastal Plains Insurance, part of the Correll Insurance Group. He is also the Education Consultant for the CIC program in North Carolina, and a member of the CIC National Facility Formerly the president of an insurance education and consulting firm, Terry continues to provide a variety of in-person and online education courses and consulting services for agents in South Carolina as well as the rest of the nation. Terry also presents at Big “I” state conventions and writes for several other publications for property and casualty insurance industry associations. 36
South Carolina Agent & Broker • Summer 2011
Benefits of Living the Trusted Choice® Brand By Tom M. Bates, Jr., SC Trusted Choice® Committee Chairman
T
rusted Choice® is the national marketing brand created exclusively for Big “I” members to help consumers understand the value that an independent insurance agent offers. It is not a market access program but a brand that is designed to highlight the strengths of independent insurance agents to consumers: Choice, Customization, and Advocacy. All South Carolina Big “I” members who have signed the licensing agreement (included with your annual dues renewals) are officially Trusted Choice® agents. Below is a list of the major benefits of Trusted Choice and how to access them. They will be what you make of them. (Editor’s note: Accessing most benefits will require a Big “I” website username and password. See end of article for information on how to get yours.) Licensed use of the consumer-tested Logo & Pledge of Performance: Both resonate with consumers and reinforces the value of doing business with independent agents Where to find it: • Trusted Choice® Logo and Logo guidelines: go to www .trustedchoice.com/agents, mouse over the “Logos/Pledge” menu label until the dropdown menu is revealed, then click on either “Logo Examples” (for logos) or “Logo Rules” (for guidelines). • Pledge of Performance: go to www.trustedchoice.com/ agents, mouse over the “Logos/Pledge” menu label until the dropdown menu is revealed, click on “The Pledge of Performance.”
•
Value of the Pledge, including ideas for the 24/7 pledge point: go to www.trustedchoice.com/agents, mouse over the “Logos/Pledge” menu label until the dropdown menu is revealed, click on “The Value of the Pledge.”
Exposure through a national advertising and public relations campaign: National cable TV ads run two weeks out of every month, plus an extensive online/Facebook presence: www .facebook.com/TrustedChoice Where to find it: • National Ad schedule: go to www.trustedchoice.com/agents, mouse over the “Advertising” menu label until the dropdown menu is revealed, click on “Ad Flight Schedules”; then click on the article Ten Tips for Creating a Media Plan. • Facebook presence: go to www.facebook.com/trustedchoice. Customizable advertising materials: Four TV ads, 14 radio ads, 10 print ads and five billboard ads available for your use. Using ad templates mean little or no production costs for your agency, and there is space to include your agency contact information all ad materials. Where to find it: • Creating a media plan: go to www.trustedchoice.com/ agents, mouse over the “Advertising” menu label until the dropdown menu is revealed, click on “Advertising Articles”; then on the article “Ten Tips for Creating a Media Plan.” Summer 2011 • South Carolina Agent & Broker
37
•
Trusted Choice® “tagable” TV, radio, print and billboard ads: go to www.trustedchoice.com/agents, mouse over the “Advertising” menu label until the dropdown menu is revealed, click on the advertising media of interest.
Inclusion on the online Agency Locator: Consumers can find your agency when visiting the consumer site, www.TrustedChoice.com, by using this tool. Where to find it: • Viewing your agency profile on the Trusted Choice® agency locator: go to www.trustedchoice.com, enter your zip code in “Find an Agent” field and click “Go.” • Creating/Updating you agency profile for the Trusted Choice® agency locator: go to www.trustedchoice.com/ agents and click on “Updating your company profile.” It requires the proper permissions, contact our office (information@iiabsc.com, 803.731.9460) if it won’t grant you access. Informative consumer articles for use in newsletters, website, social media: Use in customizable articles in newsletters, on websites, social media posts or as part of a mailing. Includes how-to articles (Prepare Your Home for Winter), consumer interest articles (Pool Safety, Flood Insurance) and consumer guides (Graduate’s Guide to Insurance). Where to find it: Go to www.trustedchoice.com/agents, put your mouse over the “Public Relations” menu label until the dropdown menu appears, click on “Public Relations Articles.” Customizable press release templates: These customizable templates pull double duty in helping garner local press coverage for your agency and positioning your agency as local authority on insurance. Where to find it: Go to www.trustedchoice.com/agents, put your mouse over the “Public Relations” menu label until the dropdown menu appears, click on “Press Release Templates.” Syndicated Content Feed (RSS) for website: Provides website content that automatically refreshes once a month with topical insurance content that is seasonally appropriate and completely vetted for accuracy and readability. Where to find it: • Automatic content feed for website (RSS feed): go to www.trustedchoice.com/agents; see information on the home page, including the RSS script 38
South Carolina Agent & Broker • Summer 2011
• •
Current RSS feed content (text only): go to http://www. cevadopartners.com/index.php?page_id=500 See what it looks like (integrated into the feel of the site): go to http://afsinsurance.com/news_307.html
Support from our many Trusted Choice® Company Partners: Several companies have invested in our brand and offer co-op advertising opportunities. Check to see if any companies you represent are on the lists. Where to find it: • List of company partners: go to www.trustedchoice.com/ agents, click on the “Companies” menu label; scroll down • Company co-op funds: go to www.trustedchoice.com/ agents, mouse over the “Advertising” menu label until the dropdown menu is revealed, click on “Advertising Articles”; click on the article Leveraging Company Co-Op Ad Dollars. Marketing Reimbursement Program (MRP): Get up to $500 back for co-branding your website and promotional items with Trusted Choice®. Where to find it: • Marketing Reimbursement Program (MRP) complete details: go to www.trustedchoice.com/agents and click on the link on the home page OR go to www.trustedchoice.com/ mrp • Getting MRP reimbursement for adding the logo and pledge to your website: go to www.trustedchoice.com/mrp and click on “MRP Guidelines” link. More information on starting Trusted Choice branding with your agency: Where to find it: • Zoom in on Branding guide: go to www.trustedchoice.com/ agents, put your mouse over the “Branding Basics” menu label until the dropdown menu is revealed, click on “Zoom in on Branding” (available on the page are a PowerPoint and the individual phases in PDF format). o Phase 1, Getting Started: Educating and engaging your agency personnel and forming a brand team. o Phase 2, Evaluate Your Brand: Review your agency’s current image in the marketplace. o Phase 3, Redefine Your Brand: Develop a brand promise and examine your agency’s brand identity o Phase 4, Integrate Trusted Choice®: How your agency can benefit from this national brand. o Phase 5, Rethink Your Infrastructure: Review products, services, workflows, employees & technology.
Summer 2011 • South Carolina Agent & Broker
39
Phase 6, Create a Marketing Strategy: Develop a comprehensive marketing plan. o Phase 7, Direct Marketing: Begin branding promotions with a direct marketing campaign. o Phase 8, PR & Special Events: Learn to utilize “free media,” both in print and broadcast, to tell your story. o Phase 9, Print, Web & Outdoor Advertising: Make the biggest impact for the smallest amount of money. o Phase 10, Broadcast Advertising: Advertise wisely and effectively on both radio and television. Member branding checklist: go to www.trustedchoice. com/agents, mouse over the “Branding Basics” menu label until the dropdown menu is revealed, click on “Branding Articles”; and under the “Live the Brand” headline, click on “Branding Checklist.” Live the Brand guide: go to www.trustedchoice.com/ agents, mouse over the “Branding Basics” menu label until the dropdown menu is revealed, click on “Branding Articles”; under the “Live the Brand” headline, click on the “Live the Brand guide.” o
•
•
40
South Carolina Agent & Broker • Summer 2011
How to find your IIABSC username and password: Where to find it: Accessing almost everything listed in this article requires a Big “I” website username and password. If you have forgotten yours, click on the black “Forget username and password?” link under the login area of www.iiabsc.com. Enter your email address into the appropriate field, and your username and password will be automatically emailed to you. If you do not have a username and password, or the above process gives you an error message, call our office 803.731.9460 or email your login request to information@iiabsc.com. You must provide your full name, email address and agency name and location.
Young Agents Scholarship Golf Tournament Sponsors
Wildewood Course, Columbia
May 3, 2011
Palmetto Partners:
Bankers Insurance IIABSC Agency Johnson & Johnson Preferred Specialty Progressive Risk Innovations St. Johns Insurance United Property & Casualty
Hole Sponsors:
American Strategic Insurance Belfor Property Restoration Correll Ins Group Frankenmuth Insurance Genesee General Preferred Specialty Russell Massey Safeco St. Johns Insurance Tapco Underwriters
Additional:
Sincerely Yours
2011 Tournament Champions w/ IIABSC President Frank Sheppard. L to R: William Boswell, Ryan Eaddy, Robert Sanders, Jr., (not pictured) Garrett Wredon. Also not shown: Long Drive winner, David Wells and Closest to the Pin, Todd Hiott. Summer 2011 • South Carolina Agent & Broker
41
Calendar For course descriptions and up-to-date calendar, see our Education & Event calendars at www.iiabsc.com July 13 19 21 21 26 28–31
December CISR William T. Hold Seminar, Greenville, 4 hrs Ethics, 4 hrs. P&C Surplus Lines Markets & Practices, Greenville, 6 hrs. P&C CISR Personal Residential, Bluffton/HHI, 7 hrs P&C CRIS Commercial Auto, Surety, CIPs, Misc. Lines, Charleston, 6 hrs. P&C E&O Risk Management, Myrtle Beach, 6 hrs. P&C Young Agents Conference, Charleston
1 7 13 13 14
Surplus Lines Markets & Practices, Columbia, 6 hrs. P&C CISR Commercial Casualty, Columbia, 7 hrs P&C CISR Agency Operations, Greenville, 6 hrs P&C or L&H, 1 hr Ethics Ethics: Yesterday, Today & Tomorrow, Columbia, 3 hrs. Ethics AIAM 610 & 620, Columbia, 3 hrs. Ethics & 2 hrs. P&C
WEBINARS August 11 17 18 24–26 30
July CISR Commercial Property, Charleston, 7 hrs. P&C Ethics: Yesterday, Today & Tomorrow, Charleston, 3 hrs. Ethics Terry Tadlock Roadshow, Hilton Head, 6 hrs. P&C CIC Agency Management, Columbia, 16 hrs P&C or L&H, 4 hrs. Ethics AIAM 410 & 420, Columbia, 6 hrs. P&C
September 7 8 8 15 15 21 22 27 28–30
AIAM 610 & 620, Greenville, 3 hrs. Ethics & 2 hrs. P&C CISR Commercial Casualty, Greenville, 7 hrs P&C Ethics: Yesterday, Today & Tomorrow, Columbia, 3 hrs. Ethics CISR Personal Auto, Rock Hill, 7 hrs P&C CRIS Workers Comp for Contractors, Columbia, 6 hrs. P&C E&O Risk Management, Columbia, 6 hrs. P&C Terry Tadlock Roadshow, Columbia, 6 hrs. P&C Surplus Lines Markets & Practices, Myrtle Beach, 6 hrs. P&C CIC Personal Lines, Myrtle Beach, 20 hrs P&C
October 6 11 11 12 13 19 20 25 30–31
CISR Dynamics of Service, Columbia, 7 hrs. P&C or L&H CISR Personal Residential, Charleston, 7 hrs P&C Business Practices & Agency Procedures, Myrtle Beach, 6 hrs. P&C or L&H Business Practices & Agency Procedures, Columbia, 6 hrs. P&C or L&H Business Practices & Agency Procedures, Greenville, 6 hrs. P&C or L&H AIAM 510 & 520, Columbia, 6 hrs. P&C AIAM 310 & 320, Charleston, 6 hrs. P&C CRIS: Commercial Liability for Contractors, Greenville, 6 hrs. P&C IIABSC Annual Convention, Charleston Place Hotel
November 1 3 8 9–11 15 16 16 17 29
42
IIABSC Annual Convention, Charleston Place Hotel CISR Personal Auto, Greenville, 7 hrs P&C Terry Tadlock Roadshow, Charleston, 6 hrs. P&C CIC Commercial Property, Hilton Head, 20 hrs P&C CISR William T. Hold Seminar, Charleston, 4 hrs. Ethics, 4 hrs. P&C CISR Personal Residential, Florence, 7 hrs P&C E&O Risk Management, Hilton Head, 6 hrs. P&C Ethics: Yesterday, Today & Tomorrow, Greenville, 3 hrs. Ethics CISR Agency Operations, Charleston, 6 hrs P&C or L&H, 1 hr Ethics
South Carolina Agent & Broker • Summer 2011
13 19 20
ABEN Webcast: Bonds, Shaken not Stirred, 2 hrs. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics Insuring Personally Used Autos in Business, 1 hr. P&C
August 16 19 23 25 25
Setting Business Income Limits, 1 hr. P&C Insuring Condos, 2 hrs. P&C Rental Cars, 2 hrs. P&C ABEN Webcast: Bonds, Shaken not Stirred, 2 hrs. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics
September 8 9 13 16 20 21 27
ABEN Webcast: Business Income, Beyond the Basics, 3 hrs. P&C ABEN Webcast: Workers Comp, Beyond the Basics, 3 hrs. P&C Advanced Flood, Webinar, 2 hrs. P&C How to Complete the Business Income Worksheet, 1 hr. P&C Ethics: Yesterday, Today & Tomorrow, 3 hrs. Ethics 2011 HO Changes, 1 hr. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics
October 4 13 26 27
CP Endorsements that Can Make You Money, 2 hrs. P&C Kids at College, 1 hr. P&C Insuring Personally Used Autos in Business, 1 hr. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics
November 2 3 3 15 15 17 29
ABEN Webcast: Business Income, Beyond the Basics, 3 hrs. P&C Setting Business Income Limits, 1 hr. P&C ABEN Webcast: Workers Comp, Beyond the Basics, 3 hrs. P&C Insuring Condos, 2 hrs. P&C ABEN Webcast: Bonds, Shaken not Stirred, 2 hrs. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics Rental Cars, 2 hrs. P&C
December 1 2 7 14 15
Ethics: Yesterday, Today & Tomorrow, 3 hrs. Ethics 2011 HO Changes, 1 hr. P&C Advanced Flood, 2 hrs. P&C How to Complete the Business Income Worksheet, 1 hr. P&C ABEN Webcast: Ethics in Business, 3 hrs. Ethics
No one keeps independent agents on course to succeed like we do. Montgomery Insurance™ is committed to the success of its independent agents. We meet the needs of your small to mid-sized commercial lines customers by providing the Montgomery Advantage™: stability and consistency, profitable growth, ease of doing business, local decision making, service you need and expect, competitive products and services, and people you know and trust. Doing more to help independent agents conquer the fast turbulent currents of business today.
you
us
www.montgomery-ins.com © 2010 Montgomery Mutual Insurance Company. All rights reserved.
Summer 2011 • South Carolina Agent & Broker MIC_AgentBroker_Kayaker_Ad.indd 1
11/9/10 3:35 PM
43
2011 Board of Directors Directors Executive Committee Chairman Kathy D. McKay, CIC, CPIW McKay Insurance Mt. Pleasant, SC kmckay6681@aol.com
National Director Jon A. Jensen, AAI, AIP Correll Insurance Group Spartanburg, SC jjensen@correllinsurance.com
Chairman Elect/ Treasurer Ashley Brady, CIC First Charter Co., Inc Marion, SC abrady@firstcharterins.com
Immediate Past Chairman Julius J “Jules” Anderson, Jr., AAI Anderson Ins Assoc Charleston, SC janderson@aiasc.com
Secretary Kenneth A. “Ken” Finch, CPCU, CIC, CRM, AAI Countybanc Insurance Greenwood, SC kfinch@ecountybanc.com
44
South Carolina Agent & Broker • Summer 2011
Thomas M. Bates, Jr. (Tom) Herlong Bates Burnett Insurance Greenville, SC tom@herlongbatesburnett.com
R. Scott Moseley Irmo Insurance Agency Irmo, SC scotirmo@bellsouth.net
Angus M. Brabham, IV, CIC (Gus) Frank B. Norris & Co. Columbia, SC gbrabham@franbnorris.com
Edward S. Spivey, CIC, AAI (Spider) Howard B. Smith Agency Mullins, SC espivey@hbsmithagency.com
David A. Cyphers, CIC, AAI Sifford-Stine Insurance Clover, SC dcyphers@sifford-stine.com
James G. Taylor, Jr., CIC (Jay) Kinghorn Insurance Agency of Beaufort Beaufort, SC jtaylor@insurancebeaufort.com
Kimberly J. Gore, CIC (Kim) Associated Insurors Myrtle Beach, SC kgore@firstseinsurance.com
Richard L. Walker, CIC Cormell Street & Patterson Florence, SC rwalker@csp4me.com
Larry G. Joyner, CIC, AAI CWS Ins Agency Spartanburg, SC larry@cwsinsurance.com
Independent Insurance Agents & Brokers of SC
Palmetto Partners Program IIABSC offers a special thanks to our 2011 Palmetto Partners. The program was created as a simplified way for companies, brokers and vendors to support the association and all our major conferences and events on an ongoing basis. They contribute once annually and are not solicited for additional sponsorships or support for the rest of the year.
Diamond Level Johnson & Johnson IIABSC Agency
Platinum Level
Bankers Insurance United Property & Casualty Ins. Co.
Gold Level
Montgomery Insurance member of Liberty Mutual Group /Safeco Insurance member of Liberty Mutual Group Progressive Insurance St. Johns Insurance Company
Silver Level
American Strategic Insurance Companion Property & Casualty Ins. Co. Frontline Homeowners Insurance RPS Continental Travelers
Bronze Level
AFCO/ Prime Rate Premium Finance Corp. AmTrust North America Auto-Owners Insurance Company Berkley Mid-Atlantic Group, LLC Capitol Preferred Insurance General Casualty Hanover Excess & Surplus The Hartford
Download forms and program benefits at:
www.iiabsc.com 46
South Carolina Agent & Broker • Summer 2011
Jackson, Sumner & Associates Main Street America Group Preferred Specialty, LLC Southern Cross Underwriters State Auto Insurance Companies Tapco Underwriters, Inc. Universal Ins. Co./ The Seibels Bruce Group Zurich Small Business/ Farmers/ Foremost
Independent Insurance Agents & Brokers of SC 800 Gracern Road Columbia, SC 29210
PRSRT STD U.S. Postage
PAID
Permit No. 592 Pontiac, Illinois
Your Preferred Choice for Homeowners Insurance Protection Programs
• Homeowners • Flood • Dwelling Fire ■ Responsive Insurance Planning We Give You ‘Count Ability’ — Count on Superior, Affordable Insurance to Suit Your Lifestyle
■ Stable Lifestyle Protection A Stable Well Nurtured Company That Has the Strength to Help When You Need it Most
■ Innovative Coverage Requires Strength and Experience
PLAN PURCHASE
Doing Whatever it Takes to Process Your Claim
PROTECT
w w w. u p c i c . c o m
800-861-4370