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SUMMER <strong>2019</strong><br />
THE BIG<br />
V I R G I N I A<br />
A PUBLICATION OF THE INDEPENDENT INSURANCE AGENTS OF VIRGINIA
<strong>The</strong>re when it matters most for...<br />
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priced products, timely underwriting, and outstanding claims service.<br />
It’s just another way that Donegal is “<strong>The</strong>re When It Matters Most” for independent<br />
insurance agencies.<br />
To learn more, visit DonegalGroup.com today!
SUMMER <strong>2019</strong><br />
THE BIG<br />
V I R G I N I A<br />
<strong>The</strong> <strong>Big</strong> I <strong>Virginia</strong> is a publication of the<br />
Independent Insurance Agents of <strong>Virginia</strong><br />
8600 Mayland Drive, Richmond, VA 23294<br />
Phone: 804.747.9300 / Toll-free: 800.288.IIAV (4428)<br />
Fax: 804.747.6557 / E-mail: members@iiav.com / Website: iiav.com<br />
INSIDE<br />
6 Message from the Chairman of the Board – H. Hunter Odom Jr.<br />
8 Message from the President and CEO – Robert N. Bradshaw Jr.<br />
10 Message from the State National Director — Michael F. Funkhouser<br />
12 <strong>2019</strong> Preferred Partner Program<br />
14 Gathering Dust? Your Outdated Website May Be an E&O Risk<br />
15 IIAV Birthday Celebration June 25<br />
16 Reducing E&O Exposure from the Top Down<br />
17 Save the Date: YA Conference Oct 9-11<br />
18 VU: Read the Policy You’re Selling<br />
23-<br />
29 IIAV Convention & Exposition June 23-25<br />
30 Why You Need to Offer Excess UM/UIM to Every Client<br />
32 Messing Up on the Job without Even Knowing It<br />
35 3 Ways to Increase Sales While Decreasing E&O Claims<br />
36 Serving the High Net Worth Insurance Customer<br />
38 <strong>2019</strong> IIAV Education<br />
THANK YOU ADVERTISERS<br />
34 Agents Insurance Markets<br />
aim-ins.com<br />
22 Allstar Financial Group<br />
AllstarFG.com<br />
13 Amerisafe<br />
Amerisafe.com<br />
40 Applied Underwrwiters<br />
Auw.com/us<br />
21 Berkshire Hathaway GUARD Ins<br />
Guard.com<br />
7 Builders Mutual Insurance<br />
BuildersMutual.com<br />
3 Donegal Insurance<br />
DonegalGroup.com<br />
37 FCCI Insurance Group<br />
Fcci-group.com<br />
10 Genesee Insurance<br />
Geneseeins.com<br />
9 Harford Mutual<br />
HarfordMutual.com<br />
5 Iroquois Group<br />
Iroquoisgroup.com<br />
2 Jackson Sumer & Associates<br />
jsausa.com<br />
For more information on advertising, contact Eric Johnson<br />
Blue Water Publishers, LLC / 9406 N. 107th St., Milwaukee, WI 53224<br />
414-708-2059 / fax: 414-354-5317 / eric@bluewaterpublishers.com<br />
20 JGS Insurance/<br />
Preferred Property Program<br />
Ppp-quotes.com<br />
11 Penn National<br />
PennNationalInsurance.com<br />
39 SIAA<br />
37 Triumph Commercial<br />
Finance<br />
triumphcf.com<br />
IIAV IS AN ORGANIZATION DEVOTED TO<br />
PROMOTING, ENHANCING, SERVING AND<br />
ASSISTING INDEPENDENT INSURANCE AGENTS.<br />
IIAV Staff<br />
Ally Barbour<br />
Communications/Media<br />
Manager<br />
abarbour@iiav.com<br />
Robert N. Bradshaw, Jr., MAM<br />
President & CEO<br />
rbradshaw@iiav.com<br />
Cell (804) 929-4134<br />
Teri Chester<br />
Executive Secretary/<br />
Receptionist<br />
& Membership Coordinator<br />
tchester@iiav.com<br />
Joe Hudgins, CPCU<br />
Technical Consultant<br />
jhudgins@iiav.com<br />
Cell (804) 929-4138<br />
Bonnie Joyce<br />
Senior Insurance<br />
Administrative Assistant<br />
bjoyce@iiav.com<br />
Linda Loving, CIC, AISM, AIAO<br />
IIAV Chief Operating Officer<br />
& VFSC Executive Vice President<br />
lloving@iiav.com<br />
Cell (804) 929-4133<br />
Susan E. C. Perkins<br />
Membership/Education<br />
Coordinator<br />
sperkins@iiav.com<br />
Carter Lyons, CAE<br />
IIAV Director of Education &<br />
Professional Development &<br />
VAIA Executive Director<br />
clyons@iiav.com<br />
Bonnie J. Warren,<br />
ACSR, CPIW, DAE, RPLU<br />
Insurance Account Executive<br />
bwarren@iiav.com<br />
Melanie Miller, AINS, CPIW<br />
Insurance Account Executive<br />
mmiller@iiav.com<br />
Rebecca Arnold<br />
Member Services Assistant<br />
rarnold@iiav.com<br />
Donald W. Bragg,<br />
CPCU, CPD, CIC, CPIA<br />
Director of Membership<br />
& Marketing<br />
dbragg@iiav.com<br />
<strong>The</strong> <strong>Big</strong> I <strong>Virginia</strong> is a publication of the Independent Insurance Agents<br />
of <strong>Virginia</strong> and is published quarterly by Blue Water Publishers, LLC. <strong>The</strong><br />
Independent Insurance Agents of <strong>Virginia</strong>, Inc. reserves the right in its sole<br />
discretion to reject advertising that does not meet IIAV qualifications or which<br />
may detract from its business, professional or ethical standards. IIAV and Blue<br />
Water Publishers, LLC do not necessarily endorse any of the companies<br />
advertising in the publication or the views of its writers. <strong>The</strong> publisher cannot<br />
assume responsibility for claims made by advertisers, content provided by<br />
the editor, or for the opinions expressed by contributing authors.<br />
4 THE BIG VIRGINIA SUMMER <strong>2019</strong>
CHAIRMAN OF THE BOARD<br />
H. HUNTER ODOM, JR.<br />
dmegill@mcleaninsurance.com<br />
E&O CLASSES<br />
HOW THEY CAN SAVE YOU AND YOUR AGENCY<br />
Our industry is rapidly changing and evolving and<br />
the E&O issues of today can be quite different<br />
than what they were 20 years ago.<br />
As an agency owner, thinking about E&O has always been<br />
a scary proposition. I have taken E&O classes over the<br />
years and any class worth its salt makes you scared and<br />
nervous about potential claims just because there are so<br />
many possibilities or areas that a simple mistake could be<br />
very costly for a client.<br />
I know that many agency owners avoid these classes<br />
because they aren’t exciting new revenue producing<br />
concepts. Of course, they could have huge expensesaving<br />
ideas that could save your agency from your E&O<br />
policy retention limit and many sleepless nights thinking<br />
about lost revenue and the possibility of damage to your<br />
reputation.<br />
Currently, the most common E&O claim asserted against<br />
agents is the alleged failure to procure “adequate”<br />
insurance. Adequacy is in the eye of the beholder and,<br />
with an agent’s guidance, should be determined by<br />
the customer. But increasingly, agents are being sued<br />
whenever the customer is underinsured. Some of these<br />
suits seek millions of dollars. And even if the agent has<br />
done nothing wrong, he or she must still defend the claim,<br />
which is expensive, highly stressful, distracting and a<br />
source of bad publicity for the agency.<br />
A frequent problem area in defending these suits is the<br />
agency’s website. Too many websites make unqualified<br />
promises such as: “We prepare a loss control report for all<br />
of our customers.” <strong>The</strong> reality is often quite different than<br />
the promise on the website. I have defended numerous<br />
agents who are cross-examined by the plaintiff’s counsel,<br />
using copies of pages from the agency’s website as<br />
exhibits. This is a potent weapon for the plaintiff’s bar and<br />
represents a significant potential for exposure.<br />
This brings us to the overall purpose of the E&O class. <strong>The</strong><br />
discount is a huge benefit, as are the CE credits.<br />
But neither of those are the point – and that is something<br />
that easily gets lost in the shuffle of determining who on<br />
your team can and will attend, budgeting, taking time away<br />
from work, and yes, making sure that agents are compliant<br />
with CE requirements.<br />
<strong>The</strong> point of the E&O class is to protect your agency.<br />
IIAV’s classes are packed full of valuable information that<br />
quite honestly can mean the difference between staying in<br />
business or not.<br />
Any agency owner has worked far too hard NOT to make<br />
these classes (and learning in general) a top priority. One<br />
mistake from a team member who isn’t well-informed can<br />
be devastating.<br />
An E&O continuing education class (6 hours) should be<br />
taken by everyone on your staff at least once every three<br />
years. Make a point to have your agency CE manager track<br />
your staff’s E&O class frequency.<br />
IIAV offers a variety of courses and I encourage you to<br />
select a topic based on the needs of your agency. Also, it<br />
is possible for different members of your agency to take<br />
different classes to meet their specific needs or to make<br />
sure your agency is well-versed. And finally, IIAV can bring<br />
E&O content directly to you through in-house courses.<br />
Don’t stop there. Have the class participants provide a<br />
summary of the latest E&O issues at your next agency<br />
meeting. Keep your whole staff engaged on the importance<br />
of the E&O classes.<br />
Best in class agencies are always looking to improve and<br />
better their agency. Choose your E&O classes with all of<br />
this in mind. You can find all E&O class options at www.iiav.<br />
com/EOclasses.<br />
IIAV’S CLASSES ARE PACKED FULL OF VALUABLE<br />
INFORMATION THAT QUITE HONESTLY CAN MEAN THE<br />
DIFFERENCE BETWEEN STAYING IN BUSINESS OR NOT.<br />
6 THE BIG VIRGINIA SUMMER <strong>2019</strong>
Whether it’s the voice in your head<br />
or the one right beside you,<br />
Builders Mutual is always there,<br />
at work with you.<br />
BuildersMutual.com
PRESIDENT & CEO<br />
ROBERT N.<br />
BRADSHAW, JR., MAM<br />
rbradshaw@iiav.com<br />
VFSC THE BEST FOR E&O COVERAGE<br />
AND RISK MITIGATION<br />
I’m going to toot our own horn.<br />
When I was told that the theme of this issue was to be<br />
Errors & Omissions insurance … I knew exactly what I<br />
was going to write about – our professional staff … one of<br />
my favorite topics.<br />
In 1969 the IIAV Board of Directors determined that our<br />
membership could be best served by making sure that<br />
our members have the opportunities for the best possible<br />
protection for their agencies and to do that must be a core<br />
function of a separate organization. <strong>The</strong>y founded the<br />
<strong>Virginia</strong> Financial Services Corporation (VFSC) as a wholly<br />
owned subsidiary of IIAV. VFSC is a specialized insurance<br />
agency whose primary client is the IIAV member and their<br />
need for high quality E&O coverage and risk mitigation.<br />
Presently VFSC provides the E&O protection for close to<br />
90% of IIAV’s members – large and small. <strong>The</strong> predominate<br />
carrier is Swiss RE through a captive program with our<br />
national association. However, VFSC has the ability to<br />
search for and shop a wide range of insurance companies<br />
for the best possible fit for your agency (WOW … sound<br />
familiar?).<br />
VFSC is managed by Linda Loving, CIC, AISM, AIAO, with<br />
a highly knowledgeable and professional team, including<br />
Bonnie Warren, ACSR, CPIA, DAE, RPLU, Melanie Miller,<br />
AINS, CPIW (who is also working on her CPCU), and Bonnie<br />
Joyce our RLI Administrator. Together they represent over<br />
110 years of experience in our industry. (I promised not<br />
to specify.) I’ve seen it time and time again. <strong>The</strong>y know<br />
the right questions to ask. <strong>The</strong>y know how to look at<br />
coverages. <strong>The</strong>y know when to go to bat for the member<br />
agency. <strong>The</strong>y’ve looked at policy forms forward, backward,<br />
and sideways.<br />
Linda Loving has been with IIAV/VFSC well before I started<br />
with IIAV. She is an invaluable partner and associate for the<br />
organization. I met Bonnie Warren the second day I worked<br />
for IIAV at an ACSR event and was impressed with her from<br />
the very beginning. And I met Melanie Miller when she was<br />
president of the Richmond Insurance Women’s Association<br />
and had already received recognition from her peers.<br />
I tell you, E&O insurance shopping is not for the DIY<br />
agency associate. It’s not a part-time gig. If the success and<br />
survivability of your agency is important … why not have<br />
the very best representing you? If you spent one day with<br />
Linda Loving as she works to help some of the industry’s<br />
largest agencies with their E&O ... you would want Linda/<br />
Bonnie/Melanie on your side.<br />
And that’s not to say that we don’t have the right backstop.<br />
Doug Palais is IIAV’s outside Corporate Council who has<br />
helped many of our members with their E&O claims. I was<br />
actually told once by our primary insurance carrier that<br />
Doug was the “most successful agent defense attorney in<br />
the nation” in our national group. I was not surprised.<br />
If VFSC currently provides your agency with E&O coverage<br />
… you can rest soundly. If not, you might want to give one<br />
of our professionals a call.<br />
I have to tell you though. Like the cobbler’s children with no<br />
shoes … I’ve been told that agents specifically have trouble<br />
filling out E&O applications. Why am I not surprised?<br />
P.S. Don’t forget … VFSC doesn’t just provide E&O. Cyber<br />
is VFSC’s fastest growing product and they have a program<br />
for both member agencies and their clients. Plus EPLI and<br />
Commercial Umbrella are available as well. Check out<br />
what VFSC has to offer for your agency and your clients at<br />
www.iiav.com.<br />
PRESENTLY VFSC PROVIDES THE E&O PROTECTION FOR<br />
CLOSE TO 90% OF IIAV’S MEMBERS – LARGE AND SMALL.<br />
8 THE BIG VIRGINIA SUMMER <strong>2019</strong>
committed to mutual success.<br />
Harford Mutual Insurance partners with<br />
independent agents in <strong>Virginia</strong>.<br />
We insure restaurants, contractors, mercantile, and other<br />
commercial entities. We’re committed to protecting your<br />
client’s business and building yours.<br />
HarfordMutual.com<br />
800.638.3669<br />
INSURING BUSINESSES SINCE 1842
STATE NATIONAL DIRECTOR<br />
MICHAEL F.<br />
FUNKHOUSER<br />
mikehm@shentel.net<br />
IIAV ENDORSES CYBER POLICY SPECIALIST EVOLVE MGA<br />
Ihad the distinct pleasure of serving on the VFSC board<br />
for two years as the president.<br />
As an insurance agent, you know the importance of<br />
having the right coverages. With IIAV’s variety of insurance<br />
products for your agency, you can be assured that your<br />
business and staff are well protected.<br />
<strong>The</strong> VFSC team is second to none. <strong>The</strong>y have the<br />
experience, education, and dedication to not only make<br />
sure you have the coverages you need but provide service<br />
that cannot be beat. VFSC’s staff is dedicated to giving you<br />
the same attention and commitment to service that you<br />
give your clients.<br />
GENESEE YESTERDAY VS<br />
GENESEE<br />
TODAY<br />
YESTERDAY<br />
Originated in 1982 in the state of Georgia,<br />
writing Transportation coverages.<br />
TODAY<br />
· Part of JenCap Holding Group<br />
· 8th Largest Broker in the US<br />
· Independently Operated<br />
· Ability to Write in all 50 States<br />
· Expanded Product Lines<br />
Admitted Division<br />
Garage<br />
General Liability, Construction, Environmental<br />
Premium Finance-IPC<br />
Professional Liability<br />
Exclusive Programs<br />
Specialty Property<br />
Wind, Flood, Quake, & Shared Layered<br />
Transportation<br />
We are so much MORE TODAY!<br />
www.geneseeins.com<br />
Genesee<br />
a JenCap Holdings Company<br />
Home Office - Georgia<br />
3025 Windward Plaza<br />
Suite 400<br />
Alpharetta, GA 30005<br />
Phone: 770-396-1600<br />
Fax: 770-396-7699<br />
Toll Free: 800-282-8755<br />
Your IIAV membership gives you access to an array of<br />
insurance products such as: professional liability, data<br />
breach liability, commercial umbrella, life, health, dental,<br />
long term and short term disability and retirement planning<br />
services for your agency and staff.<br />
IIAV has recently endorsed the industry leading cyber<br />
insurance “specialist” market, EVOLVE MGA. This cyber<br />
program, backed by Lloyds of London, is now available<br />
to IIAV member agencies to sell to their clients. IIAV<br />
members also have access to the same form and exclusive<br />
access to rates for their agency that are significantly under<br />
market value.<br />
RATED FIVE-STAR<br />
2016-<strong>2019</strong> WHOLESALER/MGA<br />
By IBA Magazine<br />
Branch Office - Colorado<br />
390 Interlocken Crescent<br />
Suite 140<br />
Broomfield, CO 80021<br />
Phone: 303-791-0600<br />
Fax: 303-791-0850<br />
Toll Free: 866-847-4223<br />
«<br />
Est. 1982<br />
Branch Office - North Carolina<br />
3440 Toringdon Way<br />
Suite 208<br />
Charlotte, NC 28277<br />
Phone: 704-424-3999<br />
Fax: 704-353-7077<br />
Toll Free: 1-833-Genesee (436-3733)<br />
I placed my agency’s cyber policy<br />
with EVOLVE, and sold EVOLVE to<br />
a client of mine back in December.<br />
It doesn’t get much easier to put<br />
something on the books than this<br />
product!<br />
EVO 3.0’s first party coverage pays<br />
out on an “each and every claim”<br />
basis, eliminating an aggregate limit.<br />
This gives each policyholder the<br />
benefits of full first party coverage<br />
limits each time a crisis strikes.<br />
Contact any cyber representative in<br />
the VFSC department today at 804-<br />
747-9300 to see just how easy it can<br />
be for you too.<br />
IT DOESN’T<br />
GET MUCH<br />
EASIER TO PUT<br />
SOMETHING<br />
ON THE BOOKS<br />
THAN THIS<br />
PRODUCT!<br />
10 THE BIG VIRGINIA SUMMER <strong>2019</strong>
We look for the best independent agents and build<br />
relationships that last the duration. We are committed<br />
to the independent agency system as the only means<br />
to deliver our products. Because of that, we work<br />
hand-in-hand to help our agencies grow profitably.<br />
Our agents set us apart.<br />
Business • Surety • Auto • Home<br />
www.PennNationalInsurance.com<br />
Visit our website to find out more.
Chairman's Club<br />
Executive Club<br />
<strong>2019</strong><br />
PARTNER<br />
PROGRAM<br />
President's Club<br />
Independent Club<br />
A special thank you to all of our partners participants for <strong>2019</strong>!<br />
(As of 4/9/19)<br />
12 THE BIG VIRGINIA SUMMER <strong>2019</strong>
amerisafe.com - 800.897.9719<br />
SAFE ABOVE ALL<br />
Strong and steady, constantly raising the bar. All great accomplishments<br />
have a certain level of hazard involved, but AMERISAFE has workers’<br />
comp down to the detail. It’s a large part of why we retain 90%* of our<br />
policyholders. <strong>The</strong> best protection is being proactive.<br />
*Policyholder retention rate based on voluntary business that we elected for renewal quote: 93.0% in 2017.<br />
© <strong>2019</strong> AMERISAFE, Inc. AMERISAFE and the AMERISAFE Logo are registered trademarks of AMERISAFE, Inc. All rights reserved.<br />
SUMMER <strong>2019</strong> THE BIG VIRGINIA 13
GATHERING DUST?<br />
YOUR OUTDATED WEBSITE<br />
MAY BE AN E&O RISK<br />
By Jim Hanley<br />
Websites can be costly to maintain, especially in<br />
an era when Facebook, LinkedIn, Twitter and<br />
other social media outlets provide a cheaper<br />
way to reach customers.<br />
But if your agency website is collecting dust, it could be<br />
exposing your business to errors & omissions claims—and<br />
even fines. To avoid the potential E&O fallout, ask the<br />
following questions about your agency website:<br />
Does it state only the facts? Website language is showing<br />
up in courtrooms and mediations across the country in<br />
instances when insurance agents have overpromised<br />
their services, then underdelivered during<br />
the insurance transaction. In most states,<br />
a duty to advise requires a special<br />
relationship, which can be formed in<br />
many ways—including promising<br />
to provide the “best coverage at<br />
the best price.” You can change<br />
the duty you owe to your client by<br />
avoiding absolutes. For example,<br />
try tweaking the above statement<br />
to read: “Our agency will provide<br />
you with competitive coverage at<br />
an affordable price.”<br />
Does it include a disclaimer or privacy<br />
statement? <strong>The</strong> purpose of a disclaimer<br />
is to reduce the website owner’s liability<br />
from visitors to the website. A privacy statement,<br />
meanwhile, informs visitors about your intentions regarding<br />
any personal information you collect through the website.<br />
For examples of website disclaimers and privacy<br />
statements to add to your agency website, log in to the<br />
E&O Happens website (iiaba.net/eohappens) with your<br />
<strong>Big</strong> “I” credentials. Remember: It’s always best to have<br />
your attorney review these statements prior to posting, to<br />
ensure they match the content on your website.<br />
Does it comply with accessibility law? <strong>The</strong> Americans<br />
with Disabilities Act (ADA) mandates that people with<br />
disabilities must have equal access to the same goods and<br />
services as those without disabilities.<br />
According to ada.gov, “<strong>The</strong> Department of Justice may file<br />
lawsuits in federal court to enforce the ADA, and courts<br />
may order compensatory damages and back pay to remedy<br />
discrimination if the Department prevails. Under Title III,<br />
the Department of Justice may also obtain civil penalties<br />
of up to $55,000 for the first violation and $110,000 for any<br />
subsequent violation.”<br />
Most business professionals are familiar with many of the<br />
accommodations required by the ADA, such as wheel chair<br />
ramps, designated park-ing spaces and braille type on<br />
ATM machines. But in addition to your physical business<br />
location, a website is also available to the public—which<br />
means it, too, must be accessible without barriers to<br />
people with visual and hearing disabilities.<br />
To learn more, visit ada.gov or contact your attorney and a<br />
website professional familiar with the ADA’s website<br />
accessibility requirements as soon as possible.<br />
You can also head to the U.S. Department<br />
of Health & Human Services website<br />
(hhs.gov) for a checklist you can use<br />
to con-firm your agency website<br />
meets all necessary requirements.<br />
Next time you click, tap or swipe<br />
through the pages of your agency’s<br />
website, look at it through the lens<br />
of a customer, potential customer<br />
and customer’s attorney. <strong>The</strong>n,<br />
imagine it getting blown up and<br />
used during a trial an E&O claim.<br />
Jim Hanley is <strong>Big</strong> “I” director of agency<br />
professional liability risk management.<br />
To learn more about the <strong>Big</strong> “I” Professional<br />
Liability program, visit independentagent.com and<br />
select Products, then Professional Liability.<br />
Copyright © 2018, <strong>Big</strong> “I” Advantage, Inc. and Westport<br />
Insurance Corporation. All rights reserved. No part of this<br />
material may be used or reproduced in any manner without<br />
the prior written permission from <strong>Big</strong> “I” Advantage. For<br />
permission or further information, contact Agency E&O<br />
Risk Manager, 127 South Peyton Street, Alexandria, VA<br />
22314 or email at info@iiaba.net.<br />
This article is not intended to provide specific advice<br />
about individual legal, business, or other questions.<br />
It was prepared solely for general informational<br />
purposes, and is not a recommendation that a particular<br />
course of action be followed. If specific legal or other<br />
expert advice is required or desired, the services of<br />
an appropriate, competent professional, such as an<br />
attorney or accountant, should be sought.<br />
14 THE BIG VIRGINIA SUMMER <strong>2019</strong>
IIAV<br />
TURNS<br />
120!<br />
over 120 years IIAV has enjoyed a<br />
For<br />
as <strong>Virginia</strong>'s largest and most<br />
reputation<br />
technical information, the best group<br />
and<br />
products in the industry, sales<br />
insurance<br />
programs, employee evaluation<br />
training<br />
exposure to the latest news and<br />
services,<br />
and the largest and most<br />
information,<br />
continuing education<br />
professional<br />
designed with the agent's career<br />
programs<br />
in mind.<br />
needs<br />
J O I N T H E C E L E B R A T I O N<br />
insurance trade organization.<br />
active<br />
are the benefactors of legislative<br />
Members<br />
U N E 2 5 , 2 0 1 9<br />
J<br />
: 0 0 P M - 1 0 : 0 0 P M<br />
7<br />
I A V B I R T H D A Y C E L E B R A T I O N<br />
I<br />
W A R D S & E N T E R T A I N M E N T<br />
A<br />
V A I A S I L E N T A U C T I O N
FOLLOW<br />
THE LEADER<br />
REDUCING<br />
E&O EXPOSURE<br />
FROM THE TOP DOWN<br />
By Mark Heimsoth<br />
Most of us think we have a pretty good idea of<br />
what a good leader looks like in action. We may<br />
be hardpressed to define “leadership,” but we’re<br />
proud members of the “I know it when I see it” school of<br />
thought.<br />
That’s OK. Sometimes it takes a rocket scientist to put their<br />
finger on the painfully obvious, such as when Albert Einstein<br />
said, “Setting an example is not the main means of influencing<br />
others, it is the only means.”<br />
If you want the next generation of your agency to find the<br />
path to success, you’ll need to let your example show the way.<br />
Good habits can take many forms, but a survey of Swiss Re<br />
Corporate Solutions claims handlers highlighted five that can<br />
help reduce or prevent errors & omissions claims:<br />
Standard operating procedures. Effective E&O prevention<br />
depends on written standard operating procedures, as well as<br />
written minimum standards for writing and servicing business.<br />
<strong>The</strong>re should be a written procedure for every workflow in<br />
the agency: new business, renewals, rewrites, policy changes,<br />
claims handling and cancellations, just to name a few. Put<br />
SOPs in place and make it clear that everyone needs to follow<br />
the rules— including you.<br />
Education. Everyone at the agency should participate in<br />
ongoing and meaningful continuing education, both to<br />
strengthen their knowledge of insurance products and to<br />
develop in-house expertise about things like the agency<br />
management system—and they should see you sitting front<br />
and center, taking notes.<br />
Documentation. Good documentation can save an agency<br />
in a bad situation. But to be effective, it needs to be timely,<br />
detailed and easy to understand. All documentation should<br />
be kept in the same place and readily accessible to everyone<br />
who works with the account.<br />
Consistency. Improvisation is great for comedians, but bad<br />
for insurance agencies. If your agency finds that a particular<br />
process works, do it consistently, and incorporate it into a<br />
mandatory checklist.<br />
For example, if you follow up with a client when their premium<br />
payment is due or past due, you’ve arguably created a duty<br />
to follow up every time there is a similar situation.<br />
Self-audit. Doing a self-audit will reveal both the good and<br />
the bad—where your agency’s procedures are working, as<br />
well as the areas that need renewed focus internally and<br />
through continuing education.<br />
Review procedures, forms and documents and conduct<br />
an overview with key managers or supervisors. No one at<br />
the agency should be exempt from the audit—we all make<br />
mistakes, and we can all use them as learning experiences.<br />
Equally important: Listen to every voice when it comes to<br />
making improvements. Every employee should feel that their<br />
insights are valued. Sometimes it takes a fresh set of eyes to<br />
see an old problem.<br />
Mark Heimsoth is an assistant vice president, claims specialist<br />
with Swiss Re Corporate Solutions and works out of the office<br />
in Overland Park, Kansas. Insurance products underwritten by<br />
Westport Insurance Corporation, Overland Park, Kansas, a<br />
member of Swiss Re.<br />
Copyright © 2018, <strong>Big</strong> “I” Advantage, Inc. and Westport<br />
Insurance Corporation. All rights reserved. No part of this<br />
material may be used or reproduced in any manner without<br />
the prior written permission from <strong>Big</strong> “I” Advantage. For<br />
permission or further information, contact Agency E&O Risk<br />
Manager, 127 South Peyton Street, Alexandria, VA 22314 or<br />
email at info@iiaba.net.<br />
This article is not intended to provide specific advice<br />
about individual legal, business, or other questions.<br />
It was prepared solely for general informational<br />
purposes, and is not a recommendation that a particular<br />
course of action be followed. If specific legal or other<br />
expert advice is required or desired, the services of an<br />
appropriate, competent professional, such as an attorney<br />
or accountant, should be sought.<br />
16 THE BIG VIRGINIA SUMMER <strong>2019</strong>
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READ THE POLICY YOU’RE SELLING<br />
“Insurance professionals should seek<br />
continually to maintain and improve<br />
their professional knowledge, skills,<br />
and competence.” (<strong>The</strong> Canons, Rules,<br />
and Guidelines of the CPCU Code of<br />
Professional Conduct, Canon 2.)<br />
“Insurance professionals should<br />
be diligent in the performance<br />
of their occupational duties and<br />
should continually strive to improve<br />
the functioning of the insurance<br />
mechanism.” (Canon 4.)<br />
“Last Sunday morning there was a 24-inch water main break on the road where my insured is located. <strong>The</strong><br />
water main was only 20 yards from the insured. We have them written under a Businessowners policy that<br />
has the broadest coverages available. Yesterday, the adjuster indicated, ‘the claim might be not covered<br />
because of surface water.’ However, when we Google what is surface water, it‘s quite vague. <strong>The</strong>refore, it<br />
has been difficult to explain to our client that the water main damage most likely will not be covered by<br />
the comprehensive policy we tailored for them. I hope you might have other similar claims that you recall,<br />
or perhaps there is some case law(s) or bulletins which you might be able to research.” (Email, sent with no<br />
citations or attachments of policy forms, from the president of an agency outside New York in the eastern U.S.)<br />
“I write a property policy using ISO form<br />
CP 00 10 06 07. <strong>The</strong> building definition<br />
includes buildings under construction for<br />
materials, equipment, supplies, etc. <strong>The</strong><br />
policy also has the special causes of loss<br />
form CP 10 30 06 07. Question: If there<br />
is a loss to building materials due to<br />
theft, would there or would there not be<br />
coverage?” (Email from another anonymous<br />
producer in a Midwestern state.)<br />
“Is the trigger for property damage in<br />
a Commercial General Liability policy<br />
the date the product was manufactured<br />
or the date the product was put to<br />
use? What is the interpretation of<br />
‘occurrence’?” (Email from a CPCU in<br />
another Midwestern state.)<br />
WHAT DO THESE QUESTIONS HAVE IN COMMON? THE<br />
PRODUCERS COULD HAVE FOUND THE ANSWERS QUITE EASILY<br />
BY READING THE CONTRACTS THAT THEY WERE SELLING.<br />
In the first question, the agency<br />
president claimed that the insured<br />
had “the broadest coverages<br />
available,” yet the news about a<br />
surface water exclusion apparently<br />
came as a surprise. <strong>The</strong> water<br />
damage exclusion in property<br />
insurance policies dates back<br />
decades. <strong>The</strong> individual did not<br />
know the product the agency had<br />
sold.<br />
<strong>The</strong> second questioner knew what<br />
the coverage forms were. However,<br />
rather than reading the forms<br />
to determine whether coverage<br />
would apply to a theft of building<br />
materials, the questioner asked<br />
someone else (not me) to do it.<br />
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<strong>The</strong> third questioner, who is actually<br />
bound by the ethics canons cited<br />
above, and who has taken the intensive<br />
CPCU courses and passed the exams,<br />
apparently did not review the CGL<br />
policy, did not know that coverage under<br />
that form has always been triggered on<br />
the date the injury or damage occurs,<br />
and in fact did not check the form’s<br />
definition of the word “occurrence.”<br />
All of these individuals hold licenses<br />
issued by their respective state insurance<br />
regulators. <strong>The</strong>y have been granted<br />
legal authority to give other people<br />
advice about insurance decisions. <strong>The</strong>y<br />
are permitted to accept commission<br />
payments for the sale of contracts<br />
potentially involving tens or hundreds<br />
of thousands or even millions of dollars.<br />
No doubt some of them prominently<br />
use the Trusted Choice® logo in their<br />
advertising. And yet, they do not know<br />
what is in the contracts they are selling.<br />
Worse, they don’t display any inclination<br />
to find out on their own.<br />
I wish I could tell you that these<br />
questions are unique, but they are not.<br />
It is very common for producers to ask<br />
me or my peers around the country,<br />
“Does a [fill in the blank] policy cover<br />
[a particular loss]?” That question<br />
immediately implies that all policies<br />
of that type are the same, that there’s<br />
no difference between ISO, GEICO,<br />
Progressive or Travelers auto policies.<br />
That a Chubb umbrella is the same as<br />
one issued by <strong>The</strong> Hartford. That a GL<br />
policy issued by Scottsdale says the<br />
same thing that one issued by CNA<br />
says. That is demonstrably incorrect.<br />
As evidence, I will cite my own previous<br />
blog posts:<br />
• An ISO homeowners policy covers<br />
dwellings that house up to four<br />
families. At least one insurer’s policy<br />
does not cover three- and four-family<br />
dwellings.<br />
• A theft claim was not covered<br />
because two words, found in ISO<br />
homeowners policies, were not in<br />
the one a Texas man bought.<br />
• <strong>The</strong> afore-mentioned ISO Causes of<br />
Loss – Special Form contains a fiveword<br />
phrase that would make the<br />
difference between coverage and<br />
no coverage for the owner of heavy<br />
equipment if the floor collapses. His<br />
policy will not provide the coverage.<br />
• A commercial auto insurer’s policy<br />
actually makes the application part<br />
of the legal agreement between<br />
it and the insured. In one part<br />
of that application, the insured<br />
acknowledges a duty to notify the<br />
insurer of new drivers. What happens<br />
if the person who normally handles<br />
that is on vacation or out sick when a<br />
new driver gets hired?<br />
Here are the facts:<br />
• Insurance policy forms and<br />
endorsements for the same line of<br />
coverage but issued by different<br />
insurers have significant differences.<br />
• Insurance producers offer these<br />
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different policy forms and<br />
endorsements for sale to their clients.<br />
• Leaving aside what the courts say<br />
about a producer’s legal duty to<br />
insurance buyers, those buyers rely<br />
on producers to know what those<br />
forms and endorsements say.<br />
• Producers who do not know what the<br />
forms and endorsements say cannot<br />
give sound advice to their clients.<br />
When people receive bad advice, they<br />
are more likely to make bad decisions.<br />
<strong>The</strong>y may make bad decisions even with<br />
good advice; bad advice just makes a<br />
bad outcome more likely. When they<br />
make bad decisions and eventually<br />
suffer uninsured losses, people suffer.<br />
Not just the insured – innocent thirdparty<br />
claimants.<br />
In one case involving a New York State<br />
agency, the insured had a special events<br />
policy covering a rodeo. Actually,<br />
the insured received a certificate of<br />
coverage, not a complete policy. After<br />
the event ended, some bulls got loose.<br />
An average professional bull riders<br />
bull weighs between 1,600 and 1,700<br />
pounds. It’s not hard to imagine that<br />
a bull after a rodeo is at best anxious<br />
and at worst frightened. <strong>The</strong>se bulls<br />
injured several people before they were<br />
subdued. People who came out for<br />
an evening’s entertainment ended the<br />
night in hospitals.<br />
When they sued, the insured looked to<br />
his special events policy for coverage.<br />
This policy was obtained from an<br />
employee of a managing general<br />
agency, brokered to an employee of the<br />
retail agency, which was managed by a<br />
veteran agency principal. And before<br />
the loss occurred, none of them noticed<br />
that the policy excluded coverage<br />
for bodily injury or property damage<br />
caused by animals.<br />
A special events policy covering a<br />
rodeo did not cover injuries caused by<br />
animals, and nobody noticed. Please<br />
ponder that for a moment. Animals are<br />
kind of the stars of the show at rodeos.<br />
So, no coverage under the events<br />
policy, so the insured sues the agency.<br />
Trial court dismisses the lawsuit, insured<br />
appeals, and this time he wins. <strong>The</strong><br />
agency couldn’t even cite the insured’s<br />
duty to read the policy as a defense,<br />
as there was no policy for the insured<br />
to read. He had only a certificate. <strong>The</strong><br />
appellate court has sent the case back<br />
to the lower courts for a trial. I doubt the<br />
agency’s E&O carrier will let things get<br />
that far. <strong>The</strong> agency in question has not<br />
been an IIABNY member for well over a<br />
decade, so I don’t know who that carrier<br />
is.<br />
Did I mention that the injuries<br />
occurred in the summer of 2012, and<br />
the appellate court’s decision just<br />
came down four months ago? In the<br />
meantime, have the people injured by<br />
the bulls received anything? Only if the<br />
insured emptied his pockets. <strong>The</strong> guy is<br />
a logger by trade and puts on rodeos as<br />
a sideline. Something tells me he’s not<br />
independently wealthy.<br />
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People enjoying a night out, injured by<br />
agitated animals who weigh almost as<br />
much as a car, and they probably have<br />
received no compensation for their<br />
injuries four years after the fact because<br />
three insurance professionals didn’t<br />
know what they were selling.<br />
I believe that product knowledge is<br />
an ethical issue. <strong>The</strong> stakes are too<br />
high, the consequences too severe,<br />
the potential financial loss is too great<br />
for we as insurance professionals to<br />
shrug, say the policies are all the same,<br />
and focus on whether we can get the<br />
premium down fifty bucks. Ignorantly<br />
selling someone the wrong product can<br />
and does harm people.<br />
It is one thing if a client ignores your<br />
suggestion and buys lower limits<br />
or skips the coverage altogether.<br />
People can’t be forced to buy high<br />
uninsured motorists limits or flood<br />
coverage. It’s another thing altogether<br />
when the clients are never given the<br />
chance to make that decision because<br />
they’ve been told that they have “the<br />
comprehensive policy we tailored for<br />
them,” to quote the email above about<br />
the water main break.<br />
We are insurance professionals. We do<br />
what we do to make a living, yes, but<br />
we also do it to give people peace of<br />
mind so they can go on about their<br />
lives and businesses. We can’t do that<br />
unless we know what we are talking<br />
about. That means keeping copies of<br />
the insurance policy forms and reading<br />
them. Sometimes the words are indeed<br />
vague and subject to interpretation<br />
(personally, I find interpreting policy<br />
language to be the fun part – here’s a<br />
good example about some kayaks.*)<br />
That’s when the conversation should<br />
start about what it all means. However,<br />
the starting point has to be opening<br />
a paper or electronic copy of a policy<br />
form, finding the relevant provision,<br />
and reading what it says. No one can<br />
commit all these forms to memory, but<br />
the key is to know where they are and<br />
where to look for the answers when<br />
questions come up.<br />
Sure, I can do that for you, Bill Wilson<br />
can do it, Chris Boggs can do it, and<br />
so can a lot of other people around<br />
this country who are smarter than I<br />
am. But I’m not the one who has to<br />
face the client, or answer a summons,<br />
or suffer a damaged reputation. I’m<br />
a guy blogging at a desk in Syracuse,<br />
and no one faces bankruptcy if I never<br />
get around to reading today’s email<br />
from Insurance Journal. But someone<br />
could face bankruptcy if an insurance<br />
producer sitting at a desk in Syracuse<br />
or San Francisco or San Antonio sells a<br />
policy to someone without knowing if<br />
it’s the right policy for that client.<br />
We are insurance professionals. We are<br />
Trusted Choice®, for crying out loud.<br />
Maybe we’re not all CPCU’s, but that<br />
doesn’t mean we shouldn’t meet the<br />
requirements of the CPCU canons at<br />
the beginning of this article. We have<br />
ethical obligations to the people we<br />
serve. We owe it to them. We owe it to<br />
our peers in this industry that has treated<br />
us so well. We owe it to ourselves.<br />
Read the policy.<br />
*https://rms.iiaba.net/Resources/Pages/<br />
Publications/VU/Read<strong>The</strong>Policy.aspx<br />
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22 THE BIG VIRGINIA SUMMER <strong>2019</strong>
Leading<br />
<strong>The</strong> WAY<br />
IIAV Convention & Exposition<br />
June 23–25, <strong>2019</strong><br />
Hilton <strong>Virginia</strong> Beach Oceanfront<br />
SUMMER <strong>2019</strong> THE BIG VIRGINIA 23
Leading<br />
<strong>The</strong> WAY<br />
Keynote<br />
Creating Cultures<br />
of Excellence<br />
Darren Woodson<br />
ESPN Analyst, Former Dallas<br />
Cowboy, Entrepreneur & Speaker<br />
What are the cultural<br />
differences between mediocre<br />
teams and winning teams,<br />
whether they are in sports<br />
or business? In this speech,<br />
Darren Woodson (5-time<br />
Pro Bowl safety and 3-time<br />
NFL Super Bowl Champion<br />
with the Dallas Cowboys)<br />
describes what leaders must<br />
embrace in order to build a<br />
culture of excellence with their<br />
teams. Learn how to embrace<br />
change, competition, and<br />
confrontation within your<br />
organization.<br />
Cultures of excellence<br />
embrace:<br />
• (hard) change<br />
• (honest) confrontation<br />
• (healthy) competition<br />
• and...individuals with<br />
(heartfelt) character<br />
JOIN US!<br />
This program is for you. We’re bringing you content that is designed specifically to meet your needs, no<br />
matter your role, organization, or experience level. All members of the agency team as well as those on the<br />
company side will walk away with more knowledge and insight than we can possibly say.<br />
Convention Agenda<br />
Sunday, June 23, <strong>2019</strong><br />
8:00 pm–10:00 pm Welcome/Network Reception<br />
MONday, June 24, <strong>2019</strong><br />
8:00 am–6:00 pm Registration Open<br />
8:00 am–8:45 am Breakfast & First Time Attendee Reception/Orientation<br />
8:50 am Sponsors Spotlight<br />
9:00 am–10:00 am KEYNOTE: Creating Cultures of Excellence (see description to the left)<br />
Darren Woodson, ESPN Analyst, Former Dallas Cowboy, Entrepreneur & Speaker<br />
10:15 am–11:15 am Session: Creating a Millennial-Friendly Agency—Tips for Attracting and<br />
Retaining Generation Y Agents<br />
Claudia St. John, SPHR, SHRM-SCP, President, Affinity HR Group, Inc.<br />
“Generation Y” or “Millennial” workers are now the largest generation in the workforce<br />
and occupy more than 20% of leadership positions. At the same time, they are becoming<br />
harder to attract and retain, particularly in a very tight labor market.<br />
<strong>The</strong> good news is that there are things you can do to create a Millennial-friendly agency<br />
that require a minimal financial investment and that will maximize your ability to attract<br />
and retain Gen Y workers.<br />
11:30 am–12:15 pm Leadership 360<br />
Panelists<br />
u Zack Brandau, Executive Vice President, Core Assurance Partners<br />
u Drew Monroe, Owner, Prosper Insurance Group<br />
u Brittany Totty, CPCU, CIC, AAI, Vice President, Invincia Insurance—<br />
A Towne Insurance Agency<br />
u Benjamin G. Winters, CIC, Vice President, Winters-Oliver Agency<br />
A rapidly changing professional landscape requires leadership that can keep pace.<br />
Traits such as innovation, creativity, vision, and agility are among the many needed to<br />
successfully navigate constant change. During this discussion, you’ll hear from leaders<br />
who have put those skills to work with great success. <strong>The</strong>y’re leading the way in their<br />
own organizations, but also in our profession as a whole.<br />
12:15 pm–2:00 pm Fun on the Beach ~ Hospitality Tent Open<br />
3:00 pm–6:00 pm Tradeshow: Your Resource & Solution Center<br />
6:00 pm Company dinners or on your own<br />
TUESday, June 25, <strong>2019</strong><br />
8:00 am–6:00 pm Registration Open<br />
8:00 am–8:45 am Breakfast<br />
8:50 am Sponsors Spotlight<br />
9:00 am–10:00 am Session: <strong>The</strong> Five Secrets to An Unstoppable Memory<br />
Ron White, Two-Time National Memory Champion<br />
Ron White is one of the top memory speakers in the world. He is a two-time USA<br />
Memory Champion and held the record for the fastest to memorize a deck of cards<br />
in the USA. He has appeared on Good Morning America, History Channel’s Stan Lee’s
Superhumans, National Geographic, Martha Stewart, Dr. Oz and more.<br />
His presentation will show you how to increase your performance and<br />
confidence by providing the techniques you need to develop a more<br />
powerful memory. As an author, speaker and business owner for over<br />
25 years, Ron knows how to relate memory training to maximizing<br />
productivity and profits.<br />
10:15–11:15 am Session: <strong>The</strong> Sales Process—A Practical Approach<br />
Bill Anderson<br />
This session will be an introduction to a practical concept of building<br />
your book of commercial business. It is a simple 5 step process:<br />
1. First we will work through the concept of being a specialist. Business<br />
owners want to work with an agent who knows their business. <strong>The</strong><br />
only way an agent can do that is to narrow down their focus and<br />
become a specialist in a few types of businesses.<br />
2. Next we will focus on using tools available to select a list of prospects.<br />
3. <strong>The</strong>n we prioritize the businesses on the list so that there will be<br />
productive prospecting.<br />
4. <strong>The</strong>n we must establish a marketing plan to reach the businesses<br />
chosen to reach.<br />
5. <strong>The</strong> final step is the most difficult one—just do it.<br />
A person can be taught steps 1-4. But, it takes grit and determination for<br />
step 5. Those who are highly successful do it over and over again. Join us<br />
on a discussion on steps 1–4 and what it takes for step 5.<br />
11:30 am–12:30 pm Session: When Mitigating Risk Meets A Disaster—<br />
What Are the Unintended Consequences?<br />
Suzanne Novak, Owner & President, ERUdyne<br />
This session will share a new perspective on how to prepare for a disaster<br />
in your home, your workplace, and/or your community. How prepared<br />
should you be? What happens if you over-prepare? What happens when<br />
you avoid the tough discussions? In the dynamic world we live in, it is<br />
imperative that we do our best to manage chaos before it becomes a<br />
crisis so when something happens we are ready to respond and recover.<br />
12:45-1:45 pm Breakout Sessions<br />
Session: A Deeper Dive: When Mitigating Risk Meets<br />
Disaster—A Case Study of Unintended Consequences<br />
Suzanne Novak, Owner & President, ERUdyne<br />
This highly interactive session continues the discussion presented<br />
earlier with a focus on how the insurance agent can help yourself, your<br />
customers and your community. We will look at some major disasters<br />
in our Nation and discuss the impact insurance had on the recovery<br />
process. What impact did it have on a family trying to recover from an<br />
incident beyond their control.<br />
Session: Cyber Exposure & Risk Mitigation<br />
Candace Funsch, Production Underwriter, Evolve MGA<br />
Travis Whitmill, Vice President, Evolve MGA<br />
Can you survive a cyber-attack? This seminar is designed to teach you<br />
about the top two cyber claims with real-life claims examples, exposures,<br />
and the pre-risk management steps you can take to prevent a cyber<br />
incident. After this seminar, you will be able to effectively take proactive<br />
steps to ensure the safety of your agency in the event of a cyber-attack.<br />
2:00–5:00 pm Fun on the Beach ~ Hospitality Tent Open<br />
6:00–7:00 pm Reception<br />
7:00–10:00 pm IIAV Birthday Celebration Dinner / Awards / Entertainment /<br />
VAIA Silent Auction<br />
Content Leaders<br />
BILL<br />
ANDERSON<br />
CANDACE<br />
FUNSCH<br />
SUSAN<br />
NOVAK<br />
BRITTANY<br />
TOTTY<br />
TRAVIS<br />
WHITMILL<br />
ZACK<br />
BRANDAU<br />
DREW<br />
MONROE<br />
CLAUDIA<br />
ST. JOHN<br />
RON<br />
WHITE<br />
BENJAMIN<br />
WINTERS
Registration<br />
Full registration includes the following. À la carte registration is also available.<br />
n All educational sessions<br />
n Three receptions<br />
n Breakfast on Monday and Tuesday<br />
n Dinner and entertainment on Tuesday<br />
n Resource & Solution Center admission<br />
To receive the discounted rate, register and pay<br />
by May 1 using the registration form or online at<br />
iiav.com/ACINFO<br />
Mail registration to IIAV, 8600 Mayland Drive,<br />
Richmond, VA 23294<br />
Accommodations<br />
Hilton <strong>Virginia</strong> Beach Oceanfront<br />
3001 Atlantic Avenue, <strong>Virginia</strong> Beach, VA 23451<br />
Cool off in the Hilton <strong>Virginia</strong> Beach Oceanfront’s rooftop zero-edge pool<br />
or take a dip in the Atlantic Ocean. With a Superior Room renovation<br />
currently in progress you will be one of the first to experience a totally<br />
refreshed venue.<br />
Reservations<br />
Deadline for room reservations is Monday, June 3, <strong>2019</strong>. After this<br />
deadline, rooms are available on a space and rate available basis.<br />
Reservations may be made online at iiav.com/ACinfo or by phone at<br />
(757) 213-3000. Please identify yourself as a member of IIAV <strong>2019</strong> Annual<br />
Convention in order to receive the block rate. Group code is IIA. Rates are<br />
$219–$259, Saturday through Tuesday, June 22–25, <strong>2019</strong>.<br />
Recreation<br />
Visit <strong>Virginia</strong> Beach visitvirginiabeach.com<br />
Wake up early to spectacular panoramic views because you want to be<br />
the first to welcome the sun to earth. <strong>The</strong> roar of the surf echoes around<br />
you drowning out all other thoughts in your mind. Letting the sand<br />
squish between your toes and the cool waters wash it away as your skin<br />
becomes sun-kissed, this is where your mind will relax and the excitement<br />
of the <strong>2019</strong> IIAV Annual Conference & Exposition will begin. With endless<br />
possibilities at every twist and turn, <strong>Virginia</strong> Beach is a truly wonderful<br />
destination immersing yourself in every experience you set out to capture.<br />
A collection of moments are in store and like the magical touch of King<br />
Neptune you are transformed—Live the Life at <strong>Virginia</strong> Beach.<br />
Dress Code<br />
Be comfortable! All convention sessions are casual. Some restaurants<br />
may have a special dress code—please inquire when making<br />
reservations. Friday Reception/Dinner & Entertainment with a DJ is<br />
business casual.<br />
Special Events<br />
<strong>The</strong> Welcome Reception is on Sunday evening. <strong>The</strong> Resource & Solution<br />
Center (formerly the tradeshow) is Monday, with contests for the booth with<br />
the best “under the sea” theme and the child with the best “beach bum”<br />
costume. To close out the convention, enjoy music and the silent auction<br />
to support VAIA.<br />
Crowd Release<br />
By registering to attend and by your presence, you consent to be<br />
photographed, filmed, and/or otherwise recorded. Your registration<br />
constitutes your consent to such photography, filming, and/or recording<br />
and to any use, in any and all media throughout the universe in perpetuity,<br />
of your appearance, voice, and name for any purpose whatsoever in<br />
connection with this IIAV event.<br />
ConVENTION Sponsors<br />
(as of March 20, <strong>2019</strong>)<br />
Diamond<br />
Platinum<br />
GOLD<br />
Silver<br />
BRONZE<br />
Sponsorship & Exhibitor<br />
Opportunities are Available<br />
Contact the Event Manager, Tami Guthrie,<br />
at acinfo@iiav.com<br />
We are the unrelenting advocates of independent<br />
insurance agents in <strong>Virginia</strong>—quality education,<br />
information, resources, legislative advocacy, and<br />
agency protection.<br />
Independent Insurance Agents of <strong>Virginia</strong><br />
8600 Mayland Drive, Richmond, VA 23294<br />
(804) 747-9300 or (800) 288-4428 | iiav.com
ATTENDEE INFORMATION (please print)<br />
Licensed agents must register as such in order to receive available CE credits.<br />
Name<br />
Designation(s)<br />
Badge Name St. License # or NP #<br />
Position in Agency (check one) m Principal m Producer m Office Manager m Account Manager<br />
Agency/Company Name<br />
Business Address<br />
City/State/Zip<br />
Office Phone<br />
Email<br />
Spouse/Guest Badge Name (Not a licensed agent)<br />
Child’s Badge Name (under 18)<br />
Emergency Contact<br />
Leading<br />
<strong>The</strong> WAY<br />
<strong>2019</strong> IIAV ConVENTION & Exposition<br />
June 23–25, <strong>2019</strong> | Hilton <strong>Virginia</strong> Beach Oceanfront<br />
FULL REGISTRATION<br />
Register online at iiav.com/acINFO or complete this form and email, fax, or mail to IIAV (see bottom of form).<br />
Cell Phone<br />
*Meal options below<br />
PAYMENT<br />
REGISTRATION (please check where appropriate) Member Member Non-Member Non-Member<br />
by 5/1 after 5/1 by 5/1 after 5/1 Quantity<br />
Full Registration (Agent, Company or Exhibitor) m $295 m $370 m $395 m $470 _______<br />
Spouse/Guest (Not a Licensed Agent) m $150 m $225 m $175 m $250 _______<br />
Young Agent (Under age 41) m $195 m $270 m $210 m $300 _______<br />
First Time Agent Attendee m $195 m $270 m $210 m $300 _______<br />
Additional Attendees with same Agency/Company/Exhibitor m $195 m $270 m $210 m $300 _______<br />
*CHILDREN (under 18) additional each for meals m $60 Adult Meals Qty _______ m $40 Child Meals Qty _______ _______<br />
Sunday, 8:00 pm ...............................................Welcome/Network Reception .............................................................................................................................................................How many attending? _______<br />
Monday, 8:00 am ..............................................Breakfast & First Time Attendee Reception/Orientation ..............................................................................................How many attending? _______<br />
Monday, 9:00 am ..............................................KEYNOTE: Creating Cultures of Excellence ..............................................................................................................................How many attending? _______<br />
Monday, 10:15 am ..............................................Session: Creating a Millennial-Friendly Agency—<br />
..........................................................................................Tips for Attracting and Retaining Generation Y Agents ...............................................................................................How many attending? _______<br />
Monday, 11:30 am ..............................................Session: Leadership 360 ............................................................................................................................................................................How many attending? _______<br />
Monday, 3:00 pm..............................................Tradeshow: Your Resource & Solution Center ........................................................................................................................How many attending? _______<br />
Tuesday, 9:00 am ............................................Session: <strong>The</strong> Five Secrets to An Unstoppable Memory ..................................................................................................How many attending? _______<br />
Tuesday, 10:15 am ............................................Session: An Introduction to Sales Training ...............................................................................................................................How many attending? _______<br />
Tuesday, 11:30 am ..............................................Session: When Mitigating Risk Meets A Disaster—<br />
..........................................................................................What are the Unintended Consequences? .............................................................................................................................How many attending? _______<br />
Tuesday, 12:45 am.............................................Breakout Sessions (choose one)<br />
..........................................................................................Session: A Deeper Dive: When Mitigating Risk Meets Disaster—<br />
..........................................................................................A Case Study of Unintended Consequences .........................................................................................................................How many attending? _______<br />
..........................................................................................Session: Cyber Exposure & Risk Mitigation ...............................................................................................................................How many attending? _______<br />
Tuesday, 2:00 pm .............................................Fun on the Beach ...........................................................................................................................................................................................How many attending? _______<br />
Tuesday, 7:00 pm .............................................Dinner / Awards / Entertainment / VAIA Silent Auction ................................................................................................How many attending? _______<br />
Mail registration form with payment to IIAV, 8600 Mayland Drive, Richmond, VA 23294<br />
Email registration to TChester@iiav.com or fax to (804) 747-6557.<br />
Cancellation Policy: No refunds made after Friday, May 17, however, substitutions are accepted at any time.<br />
Refunds for cancellations made prior to May 17 will be charged a $25 processing fee. No refunds issued for no-shows.<br />
q Check payable to IIAV<br />
q MC q VISA q Discover q AmEx<br />
CC#<br />
Exp. Date<br />
Total $<br />
Sec. Code<br />
Billing Address<br />
City, State, Zip<br />
Name on Card<br />
Signature
Leading<br />
<strong>The</strong> WAY<br />
<strong>2019</strong> IIAV ConVENTION & Exposition<br />
June 23–25, <strong>2019</strong> | Hilton <strong>Virginia</strong> Beach Oceanfront<br />
A LA CARTE REGISTRATION<br />
Register online at iiav.com/acINFO or complete this form and email, fax, or mail to IIAV (see bottom of form).<br />
ATTENDEE INFORMATION (please print)<br />
Name<br />
Designation(s)<br />
Badge Name St. License # or NP #<br />
Position in Agency (check one) q Principal q Producer q Office Manager q CSR<br />
Agency/Company Name<br />
Business Address<br />
City/State/Zip<br />
Office Phone<br />
Cell Phone<br />
Email<br />
Spouse/Guest Badge Name (Not a licensed agent)<br />
Emergency Contact<br />
PAYMENT<br />
q Check payable to IIAV<br />
q MC q VISA q Discover q AmEx<br />
CC#<br />
Exp. Date Sec. Code<br />
Total $<br />
Billing Address<br />
City, State, Zip<br />
Name on Card<br />
Signature<br />
REGISTRATION (please check where appropriate) Member Member Non-Member Non-Member<br />
by 5/1 after 5/1 by 5/1 after 5/1 Quantity<br />
Sunday, 8:00 pm Welcome/Network Reception....................................................... q $55 q $65 q $65 q $75 _______<br />
Monday, 8:00 am Breakfast & First Time Attendee Reception/Orientation ............... q $30 q $40 q $40 q $50 _______<br />
Monday, 9:00 am KEYNOTE: Creating Cultures of Excellence ................................... q $50 q $60 q $60 q $70 _______<br />
Monday, 10:15 am Session: Creating a Millennial-Friendly Agency—<br />
Tips for Attracting and Retaining Generation Y Agents ................ q $50 q $60 q $60 q $70 _______<br />
Monday, 11:30 am Session: Leadership 360 ................................................................ q $50 q $60 q $60 q $70 _______<br />
Monday, 12:15 pm Fun on the Beach ......................................................................... q $0 q $0 q $0 q $0 _______<br />
Monday, 3:00 pm Tradeshow: Your Resource & Solution Center................................ q $50 q $60 q $60 q $70 _______<br />
Tuesday, 8:00 am Breakfast....................................................................................... q $30 q $40 q $40 q $50 _______<br />
Tuesday, 9:00 am Session: <strong>The</strong> Five Secrets to An Unstoppable Memory .................. q $50 q $60 q $60 q $70 _______<br />
Tuesday, 10:15 am Session: An Introduction to Sales Training .................................... q $50 q $60 q $60 q $70 _______<br />
Tuesday, 11:30 am Session: When Mitigating Risk Meets A Disaster—<br />
What are the Unintended Consequences? ................................... q $50 q $60 q $60 q $70 _______<br />
Tuesday, 12:45 pm Breakout Sessions (choose one)<br />
Session: A Deeper Dive: When Mitigating Risk Meets Disaster—<br />
A Case Study of Unintended Consequences ................................. q $50 q $60 q $60 q $70 _______<br />
Session: Cyber Exposure & Risk Mitigation .................................... q $50 q $60 q $60 q $70 _______<br />
Tuesday, 2:00 pm Fun on the Beach ......................................................................... q $0 q $0 q $0 q $0 _______<br />
Tuesday, 7:00 pm Dinner / Awards / Entertainment / VAIA Silent Auction ................. q $80 q $90 q $90 q $100 _______<br />
Mail registration form with payment to IIAV, 8600 Mayland Drive, Richmond, VA 23294<br />
Email registration to TChester@iiav.com or fax to (804) 747-6557.<br />
Cancellation Policy: No refunds made after Friday, May 17, however, substitutions are accepted at any time.<br />
Refunds for cancellations made prior to May 17 will be charged a $25 processing fee. No refunds issued for no-shows.
Prime Ins.<br />
1.<br />
Insurance House<br />
2.<br />
Titan Web Marketing<br />
3.<br />
Watney Insights Network<br />
4.<br />
Donegal Group<br />
5.<br />
Hanover Excess & Surplus<br />
6.<br />
Xpress-Pay<br />
7.<br />
Trusted Flood Brokerage<br />
8.<br />
Johnson & Johnson<br />
9.<br />
AFCO Credit Corp.<br />
10.<br />
Midwestern Ins. Alliance<br />
11.<br />
Zenith Insurance Co.<br />
12.<br />
Safeco/Liberty Mutual<br />
13.<br />
Applied Underwriters<br />
14.<br />
First Atlantic Restoration<br />
15.<br />
Leavitt Group<br />
16.<br />
Nationwide<br />
17.<br />
SolePro<br />
18.<br />
Iroquois Mid-Atlantic<br />
19.<br />
Harford Mutual Ins.<br />
20.<br />
Penn Lumbermens Mutual<br />
21.<br />
Selective Insurance Co.<br />
22.<br />
FFVA Mutual<br />
23.<br />
Sagesure<br />
24.<br />
Goodville Mutual<br />
25.<br />
Motorist Insurance Grp.<br />
26.<br />
Philadelphia Ins. Co.<br />
27.<br />
Mercury Insurance Grp.<br />
28.<br />
Updated 5/15/19<br />
Houston Int. Insurance Grp.<br />
29.<br />
Jackson Sumner & Assoc.<br />
30.<br />
Xanatek, Inc.<br />
31.<br />
Continental Underwriters<br />
32.<br />
<strong>Big</strong> "I" National Programs<br />
33.<br />
Orchid Insurance<br />
34.<br />
Employers Insurance Grp<br />
35.<br />
Landin, Inc.<br />
36.<br />
Narragansett Bay Ins Co.<br />
37.<br />
Northern Neck Insurance<br />
38.<br />
ICW Group<br />
39.<br />
TAPCO Underwriters<br />
40.<br />
EZ Lynx<br />
41.<br />
Berkshire Hathaway Guard<br />
42.<br />
BIIA 44.<br />
ServPro<br />
45.<br />
MAY 15 TO SAVE $50.<br />
FOR <strong>2019</strong> & 2020.<br />
(See contract for details.)<br />
Commonwealth Undwrt<br />
46.<br />
Utica First Ins. Company<br />
47.<br />
Mountain Empire Agency<br />
49.<br />
Stonewood Insurance<br />
50.<br />
Amerisafe<br />
51.<br />
Main St America Group<br />
52.<br />
Belfor Restoration<br />
53.<br />
Markel 54.<br />
Genesee General<br />
55.<br />
EVOLVE MGA<br />
56.<br />
Risk Placement Services<br />
58.<br />
Rider Insurance<br />
59.<br />
Imperial PFS*<br />
60.<br />
Rockingham In Co<br />
T1.<br />
Elite<br />
Commercial<br />
Assurant Flood Solutions<br />
T2.<br />
ePay Policy*<br />
T4.<br />
Hagerty<br />
T5.<br />
Acquity Insurance<br />
T6.<br />
Universal Property & Cas.<br />
T7.<br />
UGI T8.<br />
DRIVESMART <strong>Virginia</strong><br />
T9.<br />
T10.<br />
T11.<br />
Booths: 6’Dx10’W Tables: 6’x2’ foyer table<br />
Exhibit space Includes:<br />
One (1) sign with the name of organization and booth ID number<br />
One (1) wastebasket<br />
Two (2) chairs<br />
One (1) 6’x2’ custom draped table<br />
<strong>The</strong> entire exhibit area is carpeted<br />
2 0 1 9 R e s o u r c e & S o l u t i o n s C e n t e r , J u n e 2 4 t h<br />
Any additional equipment, special lighting or decorations should be arranged through Exhibits, Inc., the official R&S Center decorator.<br />
RESERVE SPACE PRIOR TO<br />
SAVE $300 SIGN-UP FOR A BOOTH<br />
43. SE Personnel Leasing<br />
48. Triumph Com. Finance<br />
T3. VFSC/SwissRe<br />
57. Grange Insurance<br />
10<br />
X = Sold<br />
*IIAV Endorsed Vendor
WHY YOU NEED TO OFFER EXCESS<br />
UM/UIM TO EVERY CLIENT<br />
By April Shrewsbury, <strong>Big</strong> “I” Umbrella Program Manager<br />
We’ve all heard the stories. A family of ve is burdened with<br />
horric medical bills because of an accident caused by a drunk<br />
driver who couldn’t afford insurance due to his bad driving<br />
record. A child walking to school faces a lifeme of difculty<br />
aer being struck by a texng driver—a struggling college<br />
student with state minimum auto limits. A pair of rered<br />
sweethearts fall vicm to a hit-and-run driver.<br />
As an insurance agent, you can’t physically protect your clients<br />
from heartbreaking situaons like these…but they do rely on<br />
you to protect them nancially when tragedy strikes. This is<br />
where excess Uninsured/Underinsured Motorist Coverage<br />
enters the picture.<br />
MOST PEOPLE WOULD BUY IT IF THEY<br />
UNDERSTOOD IT<br />
How effecvely can you explain UM/UIM coverage to a client<br />
who doesn’t know much about insurance? In layman’s terms,<br />
UM/UIM coverage is insurance that pays for the client’s<br />
injuries from an accident caused by the owner or operator of<br />
an uninsured or underinsured vehicle. Excess UM/UIM from a<br />
personal umbrella policy pays aer the auto policy’s UM/UIM<br />
limits have been exhausted.<br />
It’s important for a client to understand that UM/UIM coverage<br />
comes into play when an insured is involved in an accident and<br />
the person who caused it either doesn’t have any insurance or<br />
doesn’t have enough insurance to pay for your client’s injuries.<br />
It would also come into play if they were the vicm of a<br />
hit-and-run (in a vehicle, on a bike, or as a pedestrian), leaving<br />
them with nobody’s insurance policy to collect against...making<br />
it an “uninsured” motorist claim.<br />
THE PREVALENCE OF UNINSURED AND UNDER-<br />
INSURED DRIVERS<br />
According to recent esmates by the Insurance Research<br />
Council (IRC), roughly 1 on 7 drivers is uninsured. Add to that<br />
the number of drivers who carry state minimum auto limits,<br />
and it’s enough to make a person want to stay home for good.<br />
Unfortunately, this should come as no surprise, given the type<br />
of TV commercials we see these days from some auto insurance<br />
companies. Too oen, the emphasis is on geng a cheap<br />
rate, and drivers are besieged with ads about that encourage<br />
them to buy “state minimum” auto limits in order to save<br />
money. <strong>The</strong>re’s no denying that it can be a temptaon in a<br />
struggling economy.<br />
All the more reason to make sure your clients are protected<br />
from the drivers around them, with UM/UIM coverage on both<br />
their auto and personal umbrella policies.<br />
IT’S ABOUT THE COVERAGE, NOT THE COST<br />
<strong>The</strong>re’s no way around adming that UM/UIM coverage can<br />
be expensive, and a tough sell if a client is trying to keep their<br />
premium down. One wise agent explains it to his personal<br />
umbrella clients this way. If you’re buying an umbrella so that<br />
you can cover the injuries of strangers, wouldn’t you want to<br />
do the same for your own family, instead of blindly relying on<br />
someone else to cover your injuries...someone who might not<br />
.<br />
30 THE BIG VIRGINIA SUMMER <strong>2019</strong>
have insurance at all, let alone enough insurance if you or your family<br />
members have serious injuries or need hospitalizaon? It certainly<br />
makes a lot of sense.<br />
When working up an auto or umbrella quote, do you merely ask “Do<br />
you want to add Uninsured/Underinsured Motorist Coverage”, and<br />
then wait for the simple “Yes” or a “No”? If so, try explaining what<br />
the coverage is rst, and THEN ask if they want it. That way, the focus<br />
is on the value of the coverage, as opposed to its cost.<br />
PROTECT YOURSELF FROM ‘FAILURE TO OFFER’ E&O<br />
CLAIMS<br />
If your client is injured by an uninsured or underinsured driver and<br />
doesn’t have basic or excess UM/UIM limits of their own, you can bet<br />
that they’ll be asking (quite possibly through an aorney) why you<br />
didn’t offer them this coverage. Protect your client…and protect<br />
yourself and your agency from a ‘failure to offer’ E&O claim by always<br />
explaining and offering UM/UIM coverage. Consider documenng a<br />
client’s refusal of this coverage as well.<br />
This applies not only to auto policies, but also to personal umbrella<br />
policies. Just as a client needs excess liability above their auto policy<br />
limits, they need excess UM/UIM coverage above their auto policy<br />
UM/UIM limits. While many home and auto carriers offer a personal<br />
umbrella, they may but not offer excess UM/UIM coverage. Always<br />
offer an umbrella that includes that coverage.<br />
Hopefully this arcle will be a help to you as you quote and discuss<br />
excess UM/UIM with your clients. Keep in mind that the <strong>Big</strong> “I” offers<br />
your agency access to two umbrella carriers, including our endorsed<br />
market through RLI. Below are some of the disncons between<br />
those two markets:<br />
Preferred Market with RLI<br />
A+ rated and admied naonwide<br />
Limits up to $5 million available<br />
Excess UM/UIM available naonwide<br />
Stand-alone coverage - no need to switch home or auto carriers<br />
New drivers accepted and no age limit on older drivers<br />
DUI/DWI permied<br />
Low maintenance – No need to report new exposures mid-term<br />
if required underlying limits are maintained.<br />
Simple, self-underwring applicaon<br />
E-signature and credit card payment opons<br />
Real Life Claim Scenario<br />
Mrs. Policyholder was on her way to work<br />
when she was rear-ended on the highway,<br />
causing her to run off the road and into a<br />
concrete barrier. She sustained mulple<br />
internal injuries, including a severely fractured<br />
ankle, which led to months of treatment and<br />
an infecon that required addional hospitalizaon<br />
and more surgery. Unable to work<br />
during her recovery, she lost over $100,000 in<br />
income while racking up medical bills of over<br />
$120,000. She was no longer able to walk long<br />
distances or enjoy many of her favorite<br />
acvies, impacng her life signicantly.<br />
It was soon discovered that the driver of the<br />
other vehicle had state minimum limits of only<br />
$10,000 per person/$20,000 per accident.<br />
Mrs. Policyholder was paid the full $10,000<br />
available, but the other driver had no other<br />
insurance and no assets.<br />
Mrs. Policyholder had UM/UIM limits of<br />
$250,000 per person/$500,000 per accident<br />
under her own auto policy, as well as $1M of<br />
UM/UIM coverage under her personal<br />
umbrella policy. She was able to recover the<br />
amount from her own insurors that she would<br />
have been entled to recover from the other<br />
driver, had he carried enough insurance. If she<br />
hadn’t purchased UM/UIM coverage, her<br />
payment would have been only the $10,000<br />
policy limit of the other driver.<br />
Marketing Tip<br />
If you nd claim scenarios to be an effecve<br />
markeng tool. visit www.iiaba.net/RLI to<br />
download a yer you can show your clients.<br />
Alternave Market with Anderson & Murison<br />
Wrien on A rated Scosdale paper<br />
Limits up to $10 million available<br />
Will consider high-prole personalies, such as athletes and<br />
entertainers<br />
Will consider risks with prior liability losses exceeding $25,000.<br />
Driver exclusion endorsement available<br />
To learn more about these products, visit www.iiaba.net/umbrella or<br />
www.bigimarkets.com.<br />
.<br />
SUMMER <strong>2019</strong> THE BIG VIRGINIA 31
MESSING UP<br />
ON THE JOB<br />
WITHOUT EVEN<br />
KNOWING IT<br />
19 WAYS TO DO IT<br />
By John Graham<br />
THERE’S EVERYTHING RIGHT ABOUT<br />
LOOKING OUT FOR YOURSELF<br />
AND YOUR CAREER. RIGHT NOW,<br />
WITH MORE JOBS THAN PEOPLE<br />
TO FILL THEM, IT’S EASIER<br />
THAN EVER.<br />
One month in mid-2018, job postings exceeded<br />
the number of unemployed by an eye-popping<br />
659,000. With this happening, it’s no surprise<br />
that 3.6 million workers voluntarily quit their<br />
jobs in the first seven months of 2018. This 2.4% quit rate<br />
was the highest since April 2001.<br />
No one can miss the message: more vacancies and not<br />
enough takers to fill them equals better opportunities and<br />
higher pay.<br />
But not so fast. All this may be true in some situations but<br />
not everywhere – and not forever. If you believe jobs are<br />
“temporary” and the best is yet to be, you can create an<br />
easy-to-spot trail of behaviors that can put a cap on your<br />
career. In this environment, here are some of the ways to<br />
mess up on the job without even knowing it:<br />
1. Take advantage of your team. To do this, make it<br />
clear from the get-go that you’re a “team player.” This<br />
is what everyone wants to hear today, so keep repeating<br />
it. Now that you’ve set the stage, make sure everyone<br />
knows you have too much on your plate to support the<br />
team.<br />
2. Cover up your mistakes. To make this work, act totally<br />
innocent. Rehearse your story so you can act shocked<br />
if someone calls you on an error. Never crack; never<br />
confess. Once you get it down pat, you’re ready for the<br />
next time – and the next.<br />
3. Always agree but don’t perform. When asked to do<br />
something, act interested and even excited, but never<br />
get around to it. After you’ve done this several times,<br />
the word will get around and you’ll be left alone.<br />
4. Position yourself as the exception. You’ve figured it<br />
out and thought it through. <strong>The</strong>re are good reasons why<br />
what applies to everyone in your group doesn’t apply<br />
to you. Don’t bother telling others about it. <strong>The</strong>y’ve<br />
figured it out on their own.<br />
5. Do only so much and nothing more. You’re not going<br />
to be around long; you’re already looking for your next<br />
gig. So, why knock yourself out? Just ignore the pressure<br />
to do more. Act busy, but take it easy on yourself.<br />
6. Make it known that you’re meant for better things.<br />
Sure, you do your work, but you also talk about how<br />
great it was at your last job or how good your friends<br />
have it where they work.<br />
7. Disappear when there’s a crisis. Coming in early or<br />
staying late when it’s needed doesn’t work for you.<br />
Always have a reason ready why you can’t alter your<br />
regular schedule time or, better yet, even come in late<br />
or leave early.<br />
8. Pass the blame around. <strong>The</strong> directions were incorrect.<br />
Someone gave you inaccurate information, misled you,<br />
waited to the last minute to notify you, or had it in for you<br />
– on and on it goes. <strong>The</strong>re’s plenty of blame to go around.<br />
9. See yourself as a silo of one. You’re an island, entire<br />
of yourself, to paraphrase John Donne. “It’s blindness,<br />
which causes people to do stupid things,” states Gillian<br />
Tett in <strong>The</strong> Silo Effect.<br />
10. Behave inconsistently. This is the most useful on-thejob<br />
strategy for hiding in plain sight. One time you’re<br />
up and the next time you’re down. Friendly, and then<br />
aloof. You’re unpredictable; no one knows how you’re<br />
going to react. It doesn’t take long before they stop<br />
counting on you.<br />
32 THE BIG VIRGINIA SUMMER <strong>2019</strong>
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11. <strong>The</strong>y can’t do without you. You’ve been in the job for<br />
a while and you know the ropes, so you’re feeling good<br />
about yourself. You talk more openly about coworkers<br />
and play a little loose with the rules. While you believe<br />
your job is secure, others see a train wreck coming.<br />
12. Get upset if you’re not getting a regular dose of<br />
praise. In fact, you’ve come to expect it. It’s almost<br />
an addiction. When you don’t it, you’re quick to<br />
complain that you’re not appreciated.<br />
13. Ask for help but never offer it. You can’t understand<br />
why your coworkers are reluctant to help you. It isn’t<br />
because they don’t like you. With you, helping is a<br />
one-way street.<br />
14. Make it a point to play it safe. Whether it’s because<br />
you want to avoid criticism or you just can’t be<br />
bothered, never take a chance and step outside of<br />
your comfort zone. Everyone can see what you do,<br />
but not what you’re capable of doing.<br />
15. <strong>The</strong> rules don’t apply to you. When the rules benefit<br />
you, you make sure everyone knows about it. When<br />
they don’t, you come up with way to make it clear that<br />
you are the exception.<br />
16. Overestimate your capabilities. Hey, you’re not<br />
alone on this one. Most of us tend to exaggerate our<br />
skills, capabilities, and our performance, but some<br />
do it more than others and they’re surprised when<br />
they’re no longer needed.<br />
17. Always be ready to come up with a complaint.<br />
It’s one thing after another. We can count on you to<br />
make a big deal out of almost anything. <strong>The</strong>n, when<br />
something comes along that may be worthy of a<br />
complaint, we ignore you.<br />
18. Don’t learn new skills or expand your knowledge<br />
base. You don’t seem to recognize that no one arrives<br />
on a job perfectly prepared. It takes time to learn the<br />
ropes and then continue learning to become and<br />
remain highly productive.<br />
19. Bluff your way. If you haven’t found a way to<br />
successfully mess up on the job, there’s always the<br />
other option: faking it. Claim to know something, you<br />
don’t. Make up a story about an accomplishment or<br />
even awards or commendations. In other words, bluff<br />
your way. It will work – until it doesn’t.<br />
<strong>The</strong>re may be other ways to mess up on the job that will<br />
jeopardize your future, but these are a good start.<br />
John Graham of GrahamComm is a marketing and<br />
sales strategy consultant and business writer. He is the<br />
creator of “Magnet Marketing,” and publishes a free<br />
monthly eBulletin, “No Nonsense Marketing & Sales<br />
Ideas.” Contact him at jgraham@grahamcomm.com or<br />
johnrgraham.com.<br />
34 THE BIG VIRGINIA SUMMER <strong>2019</strong>
3 ways to increase sales<br />
while decreasing E&O claims<br />
By Caryn Mahoney<br />
HOW OFTEN DO YOU HEAR ABOUT A<br />
CUSTOMER SUING THEIR CAR SALESMAN<br />
FOR NOT SELLING THEM A NEW CAR, OR<br />
FOR SELLING THEM A CAR THAT LACKED<br />
ALL THE BELLS AND WHISTLES?<br />
Selling and servicing insurance is not like selling and<br />
servicing other products. Here are three ways to avoid<br />
errors & omissions claims through smart sales practices:<br />
1) Offer all coverages that would commonly apply to<br />
the exposure, and that your agency normally handles.<br />
Do this even if you know the client won’t buy all the<br />
recommended coverages, and even if you think you won’t<br />
be able to offer a price your client will find attractive.<br />
Why? After a loss, it is not unusual for a policyholder to<br />
testify that they don’t recall being offered the coverage<br />
in question—and they’re being honest! <strong>The</strong>y really don’t<br />
remember that conversation years ago. What they know<br />
for certain, though, is that they would have purchased that<br />
coverage if only it had been offered.<br />
Consider using exposure checklists and questionnaires.<br />
You can find sample checklists by logging in to the E&O<br />
Happens website (iiaba.net/eohappens) with your <strong>Big</strong> “I”<br />
credentials.<br />
Always have your client initial or sign off on offered<br />
coverages, and then make a note in your agency system.<br />
Or, better yet, send a letter con-firming the client’s rejection<br />
of any important coverages. And if you don’t normally<br />
handle a certain type of coverage, suggest your client go<br />
to another agency for that coverage and document that in<br />
writing.<br />
2) Offer higher limits, but don’t take on the responsibility<br />
of evaluating the sufficiency of those limits. Make it<br />
clear to your client that you are not choosing the limits,<br />
because they are in the best position to know the value of<br />
their property and exposures. If you’re still uncertain about<br />
the quality of your information, offer several limit options,<br />
erring on the high side with at least one.<br />
If applicable, tell your client that a co-insurance penalty<br />
could apply if they do not have sufficient limits, and always<br />
inform your client that they have the option to purchase<br />
higher limits.<br />
3) Review the application, quote, proposal and policy to<br />
find discrepancies. It is best to have your client complete<br />
the entire application. If that is not practical, your standard<br />
procedure should involve asking every question in the<br />
application and having your client initial each page and/or<br />
important items, then sign and date it.<br />
If you have your client’s prior policy, identify and address<br />
any differences. Make sure the coverages requested in the<br />
application match the coverages quoted in the proposal<br />
and issued in the policy. If you find any differences, address<br />
them immediately with the carrier, any upstream broker<br />
and your client.<br />
<strong>The</strong>se practices will all require extra effort on your part—<br />
but so do E&O claims.<br />
Caryn Mahoney is an assistant vice president, claims<br />
specialist with Swiss Re Corporate Solutions and works out<br />
of the Chicago office. Insurance products underwritten by<br />
Westport Insurance Corporation, Overland Park, Kansas, a<br />
member of Swiss Re.<br />
This article is intended to be used for general informational<br />
purposes only and is not to be relied upon or used for any<br />
particular purpose. Swiss Re shall not be held responsible<br />
in any way for, and specifically disclaims any liability arising<br />
out of or in any way connected to, reliance on or use of any<br />
of the information contained or referenced in this article.<br />
<strong>The</strong> information contained or referenced in this article is<br />
not intended to constitute and should not be considered<br />
legal, accounting or professional advice, nor shall it serve<br />
as a substitute for the recipient obtaining such advice.<br />
Copyright © 2018, <strong>Big</strong> “I” Advantage, Inc. and Westport<br />
Insurance Corporation. All rights reserved. No part of this<br />
material may be used or reproduced in any manner without<br />
the prior written permission from <strong>Big</strong> “I” Advantage. For<br />
permission or further information, contact Agency E&O<br />
Risk Manager, 127 South Peyton Street, Alexandria, VA<br />
22314 or email at info@iiaba.net.<br />
SUMMER <strong>2019</strong> THE BIG VIRGINIA 35
HIGH ROLLERS<br />
SERVING THE HIGH NET WORTH INSURANCE CUSTOMER<br />
Dealing with high net worth customers<br />
is not the same as dealing with your<br />
other customers. If your agency is<br />
fortunate enough to have such a client,<br />
you will have to pay special attention to<br />
them.<br />
While it may seem counterintuitive,<br />
affluent customers are often frugal<br />
when purchasing insurance. Often<br />
these insureds will have high auto<br />
limits coupled with umbrella coverage<br />
to protect their substantial assets from<br />
claimants anxious to share in that<br />
wealth; but because it costs extra, they<br />
won’t necessarily want the umbrella<br />
coverage to include UM/UIM coverage<br />
... until they are badly injured in an<br />
accident, at which time they will argue<br />
that they would have gladly paid the<br />
premium had it been offered to them.<br />
Some high net worth customers are<br />
asset rich through inheritance, but cash<br />
poor. When you have such a customer,<br />
insist on appraisals and document that<br />
the customer refuses to insure to value.<br />
Consider the case of an affluent client<br />
who owns a family mansion built in<br />
the 1850s, or more recent construction<br />
with “high end finishes.” <strong>The</strong> customer<br />
directs his obliging agent to insure the<br />
home based on what it would cost to<br />
build a new, ‘generic’ 10,000 square<br />
foot home. During a thunderstorm<br />
a large tree is blown over onto the<br />
home, damaging the roof, 3rd story<br />
framing and causing water<br />
damage through all three floors.<br />
<strong>The</strong> carrier will pay the loss, but<br />
will not replace the roof with the<br />
original hand-hewn slates. Nor will the<br />
150 year-old hard wood floors or 12<br />
inch crown moldings be restored to<br />
their original condition. Your client’s<br />
inevitable response? Unacceptable!<br />
<strong>The</strong> problem is, simply putting the<br />
square footage of an old or otherwise<br />
unique structure into a calculator will<br />
not give you an adequate assessment<br />
of coverage needed. Go on record<br />
explaining why an appraisal is required<br />
to put an accurate value on the<br />
coverage needed not just to ‘replace,’<br />
but to restore the home to its former<br />
glory.<br />
Affluent customers can also be very<br />
hard to reach. An agent will usually<br />
be dealing with an assistant, and<br />
will sometimes be told to sign the<br />
customer’s name on applications<br />
for him. Cutting corners due to the<br />
customer’s inaccessibility may seem<br />
like a practical necessity during the<br />
application process, but what if there<br />
is a loss? It will insulate the client,<br />
setting you up for an E&O claim. For<br />
that reason, be sure to deal directly<br />
with your client or, at the very least,<br />
obtain documentation from the client<br />
expressly authorizing a third person to<br />
make these decisions. And whether he<br />
is rich, poor or somewhere in between,<br />
never sign an application for your<br />
customer.<br />
As part of their mobile lifestyle, a great<br />
many affluent clients own multiple<br />
homes. <strong>The</strong>y can only be in one place at<br />
a time, so their various residences often<br />
sit empty for weeks or months. Regular<br />
homeowner policies exclude coverage<br />
for certain exposures, e.g., water,<br />
freezing or mold damage, if the home<br />
sits vacant for a specified period of<br />
time, which is something the customer<br />
needs to understand. If you are placing<br />
multiple homeowner’s policies for a<br />
high net worth client there are carriers<br />
who have policies well-suited to these<br />
well-to-do insureds.<br />
Finally, moneyed clients often have<br />
extravagant toys and exotic pets.<br />
Insist on visiting the home and any<br />
other properties they own. Look for<br />
things like a commercial water slide at<br />
the residence, pet tigers, yachts and<br />
planes. We have seen claims on all of<br />
these items, which were overlooked by<br />
the agent when placing coverage for<br />
his wealthy insured.<br />
To avoid these problems with affluent<br />
clients you should review their<br />
coverages annually, because they have<br />
the ability to make major changes to<br />
their insurance needs – purchases,<br />
sales and renovations -- more often<br />
than other customers. You are also<br />
likely to place coverage for a well-off<br />
customer that you have never placed<br />
before. Be prepared to consult with<br />
an expert or enlist the help of a broker<br />
when you first place the coverage to<br />
make sure you get it right.<br />
Wealthy customers can be a terrific<br />
source of business, but you need to<br />
pay special attention to them<br />
for their sake and yours. <strong>The</strong>ir<br />
losses are going to be outsized,<br />
so your E&O exposure will be, too.<br />
It’s even more important than usual<br />
to document everything you offer to<br />
your high net worth client because, in<br />
the event of an un- or under-insured<br />
loss, they can afford the best lawyers<br />
money can buy. To make matters<br />
worse, knowing that they can afford to<br />
lose, affluent litigants are more likely<br />
36 THE BIG VIRGINIA SUMMER <strong>2019</strong>
to ignore the cost of litigation and roll the dice simply to<br />
make a point.<br />
For such unconventional clients, you would do well to<br />
heed unconventional wisdom: the bigger they are, the<br />
harder you fall.<br />
Did you know <strong>Big</strong> “I” Markets has partnered with Chubb &<br />
AIG to place affluent coverage exposures? Please contact<br />
Nancy Doherty (703-706-5389), Aysha Jordan (703-706-5382)<br />
or Chrystal Washington (703-706-5368) for more information.<br />
Jim Redeker is vice president and claims manager at Swiss<br />
Re Corporate Solutions and works out of the office in<br />
Kansas City, Missouri. Insurance products underwritten by<br />
Westport Insurance Corporation, Kansas City, Missouri, a<br />
member of Swiss Re Corporate Solutions.<br />
This article is intended to be used for general informational<br />
purposes only and is not to be relied upon or used for any<br />
particular purpose. Swiss Re shall not be held responsible<br />
in any way for, and specifically disclaims any liability arising<br />
out of or in any way connected to, reliance on or use of any<br />
of the information contained or referenced in this article.<br />
<strong>The</strong> information contained or referenced in this article is<br />
not intended to constitute and should not be considered<br />
legal, accounting or professional advice, nor shall it serve<br />
as a substitute for the recipient obtaining such advice.<br />
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SUMMER <strong>2019</strong> THE BIG VIRGINIA 37
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38 THE BIG VIRGINIA SUMMER <strong>2019</strong>
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