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The Big I Virginia Summer 2019

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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 Your Outdated Website May Be an E&O Risk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 />

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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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