28.05.2020 Views

The Big I Virginia Summer 2020

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

SUMMER 2020

THE BIG

V I R G I N I A

CYBER SECURITY

a publication of the Independent Insurance Agents of VIRGINIA



Whether it’s the voice in your head

or the one right beside you,

Builders Mutual is always there,

at work with you.

BuildersMutual.com


SUMMER 2020

THE BIG

V I R G I N I A

The Big I Virginia is a publication of the

Independent Insurance Agents of Virginia

8600 Mayland Drive, Richmond, VA 23294

Phone: 804.747.9300 / Toll-free: 800.288.IIAV (4428)

Fax: 804.747.6557 / E-mail: members@iiav.com / Website: iiav.com

INSIDE

6 Message from the Chairman of the Board – Dennis Winfree

8 Message from the State National Director – Michael Funkhouser

10 Message from the President and CEO – Robert N. Bradshaw Jr.

12 We Are Here for You – IIAV Resources

14 A Question of Value: What Would You Want to Know about the

Impact of the COVID-19 Pandemic on Your Agency?

16 Staff Profile: Getting to Know Bonnie Warren, ACSR, CPIW, DAE,

RPLU, Senior Insurance Account Executive

18 Industry Profile: Jackson, Sumner & Associates

19 Thank You 2020 Partners

21 5 Self-Deceptions that Hold Us Back

23 New Date: IIAV Convention and Expo Oct. 11-14, 2020

26 Cyber: It’s Not Just for the Big Guys

28 IIAV Cyber Courses

29 The New Normal: 4 Perennial Cyber Threats

30 Top 5 Cyber Liability Insurance Concerns for Agents

32 What Your Employees Do While Not at Work

34 Pics & Posts

THANK YOU ADVERTISERS

11 Allstar Financial Group

AllstarFG.com

15 Amerisafe

amerisafe.com

36 Applied Underwriters

auw.com/us

13 Berkshire Hathaway GUARD Ins

guard.com

27 Bloss & Dillard Insurance

Managers

bloss-dillard.com

3 Builders Mutual Insurance

BuildersMutual.com

6 Genesee Insurance

geneseeins.com

7 Harford Mutual

HarfordMutual.com

5 Iroquois Group

iroquoisgroup.com

2 Jackson Sumner &

Associates

jsausa.com

For more information on advertising, contact Eric Johnson

Blue Water Publishers, LLC / 9406 N. 107th St., Milwaukee, WI 53224

414-708-2059 / fax: 414-354-5317 / eric@bluewaterpublishers.com

17 JGS Insurance/Preferred

Property Program

ppp-quotes.com

9 Penn National

PennNationalInsurance.com

35 SIAA

IIAV IS AN ORGANIZATION DEVOTED TO

PROMOTING, ENHANCING, SERVING AND

ASSISTING INDEPENDENT INSURANCE AGENTS.

IIAV Staff

Ally Barbour

Communications/Media

Manager

abarbour@iiav.com

Robert N. Bradshaw, Jr., MAM

President & CEO

rbradshaw@iiav.com

Cell (804) 929-4134

Teri Chester

Executive Secretary/

Receptionist

& Membership Coordinator

tchester@iiav.com

Joe Hudgins, CPCU

Technical Consultant

jhudgins@iiav.com

Cell (804) 929-4138

Bonnie Joyce

Senior Insurance

Administrative Assistant

bjoyce@iiav.com

Linda Loving, CIC, AISM, AIAO

IIAV Chief Operating Officer

& VFSC Executive Vice President

lloving@iiav.com

Cell (804) 929-4133

Susan E. C. Perkins

Membership/Education

Coordinator

sperkins@iiav.com

Carter Lyons, CAE

IIAV Director of Education &

Professional Development &

VAIA Executive Director​

clyons@iiav.com

Bonnie J. Warren,

ACSR, CPIW, DAE, RPLU

Insurance Account Executive

bwarren@iiav.com

Rebecca Arnold

Member Services Assistant

rarnold@iiav.com

Donald W. Bragg,

CPCU, CIC, CPIA, MBA

Director of Membership

& Marketing

dbragg@iiav.com

Melanie DeCola

Insurance Account Executive

mdecola@iiav.com

The Big I Virginia is a publication of the Independent Insurance Agents

of Virginia and is published quarterly by Blue Water Publishers, LLC. The

Independent Insurance Agents of Virginia, Inc. reserves the right in its sole

discretion to reject advertising that does not meet IIAV qualifications or which

may detract from its business, professional or ethical standards. IIAV and Blue

Water Publishers, LLC do not necessarily endorse any of the companies

advertising in the publication or the views of its writers. The publisher cannot

assume responsibility for claims made by advertisers, content provided by

the editor, or for the opinions expressed by contributing authors.

4 THE BIG VIRGINIA SUMMER 2020



Chairman of the Board

Dennis Winfree

dennis.winfree@verizon.net

RESET YOUR CALENDARS:

IIAV CONVENTION POSTPONED UNTIL OCTOBER

Dear IIAV Member Family,

First and foremost, we hope

that you and those close to

you are healthy and safe. We know

this has been a very challenging time

for you in all aspects of life and the

IIAV team and leadership are here to

support you in any way that we can.

You may have heard about the IIAV

Convention dates changing, since

the Executive Order extending the

stay-at-home guidelines through

June 10. When we selected our

Convention theme, we had no

idea how appropriate it was. We

are all certainly Navigating the

Future in unprecedented ways.

Given this information, we feel that

postponing the convention is the

right thing to do. While nothing

may sound more appealing than

a few glorious days at the beach,

we feel that asking you to leave

your team and your clients for

even a short time is not the right

answer, nor is it helpful to you.

None the least of which is the

question of when and how to make

the decision to attend in the first

place.

However, we want you to know

that those glorious days at the

beach are coming and we plan to

celebrate the end of a trying time

with you as soon as we can. Please

mark your calendars for October

11-14, 2020. We are indeed

fortunate that the new Virginia

Beach Marriott Oceanfront

has these dates available to

accommodate us. The IIAV team

6 THE BIG VIRGINIA SUMMER 2020

is working closely with the hotel,

our speakers, and our vendors and

we assure you that all parties are

committed to bringing you the best

possible experience. While it won’t

be as soon as we would like, we have

an amazing event planned with the

opportunities to connect that we’re

all missing so dearly right now.

In the meantime, please stay safe

and healthy and know that the IIAV

team remains an extension of your

own. I am proud to be a part of this

family of professionals who are so

committed to the critical work that

we all do.

Sincerely,

Dennis Winfree

IIAV Chairman of the Board

PS … Don’t forget to utilize the

COVID-19 Resource Center on

the IIAV website. We’ve tried to

respond to your questions with the

information directly related to you

and your agency.


INSURING OPPORTUNITY THROUGH

MUTUAL SUCCESS.®

Harford Mutual Insurance partners with

independent agents in Virginia.

We insure restaurants, contractors, mercantile, and other

commercial entities. We’re committed to protecting your

client’s business and building yours.

HarfordMutual.com

800.638.3669


STATE NATIONAL DIRECTOR

MICHAEL F.

FUNKHOUSER

mikehm@shentel.net

IIAV AND EVOLVE: YOUR SOLUTION FOR CYBER LIABILITY

One can hardly turn on the television or pick up a

newspaper without seeing another major story

about the latest data breach. While headlines are

grabbed by large corporate brand names, it is reported

that more than half of all data breaches involve companies

with less than 500 employees.

• 60% of small to medium-sized businesses go out of

business within 6 months of having a cyber attack,

according to the National Cyber Security Alliance.

• In the retail sector, the estimated cost of loss PER

RECORD is $148. For the Healthcare sector, $408 PER

RECORD.

• One of the worst parts of data breach is the loss of

reputation. 78% of consumers would take their business

elsewhere if directly affected by a data breach, according

to the International Data Corporation. Businesses lose

customers directly involved, and prospects are scared

away.

• Sometimes it’s a lost or stolen smart phone or laptop,

other times it is phishing or hacking. The most common

is accidental, usually through a misdirected email or fax.

In early 2018, a hacker stole the login credentials of an

employee of a title company. Over the next two days,

the hacker convinced a client of the title company to

wire transfer $350,000.

• Phishing and hacking are usually far more costly. If

you have customer information stored on any kind of

computer medium – whether it be locally stored or in the

cloud – you are at risk for, and liable for, a data breach. If

your business takes credit cards, you are also at risk.

Fortunately, IIAV is here to help. IIAV has partnered with

EVOLVE Cyber Insurance Services to offer you and your

clients affordable data breach protection.

The product itself is second to none. IIAV extensively

reviewed the cyber marketplace before endorsing EVOLVE.

The policy contains 1st and 3rd party coverage.

1st party coverages include Cyber Incident Response

Costs, Cyber Crime, and System Damage and Business

Interruption. 1st Party Coverages are provided for each

and every claim. The insured will not be restricted by a

policy aggregate, even if the insured experiences multiple

incidents in the same policy period.

3rd party coverages include Network Security & Privacy

Liability, and Media Liability. 3rd party claims are subject to

an aggregate limit of liability.

The quoting process is a simple one page application.

Other than typical business information (business name,

address, contact name, phone, etc), the only questions

are “Description of Business Activities” and “Last Year’s

Revenue.” Turnaround for the quote is generally under 24

hours.

EVOLVE’s underwriters are very accessible, extremely

enthusiastic, and eager to help you navigate Cyber’s

complexities. They are able to explain the concepts and

coverage in layman’s terms, in a way that will help you

illustrate the many complex risks and appropriate coverage

to your client.

For more information on the EVOLVE product, please contact

Bonnie Warren ( bwarren@IIAV.com) at the IIAV office.

8 THE BIG VIRGINIA SUMMER 2020


We look for the best independent agents and build

relationships that last the duration. We are committed

to the independent agency system as the only means

to deliver our products. Because of that, we work

hand-in-hand to help our agencies grow profitably.

Our agents set us apart.

Business • Surety • Auto • Home

www.PennNationalInsurance.com

Visit our website to find out more.


PRESIDENT & CEO

ROBERT N.

BRADSHAW, JR., MAM

rbradshaw@iiav.com

IIAV’S COVID-19 WEBSITE DESIGNED TO

ANSWER YOUR QUESTIONS

It’s a brave new world

As I write this column, the IIAV staff has been working

from our homes for almost a month now. It’s certainly

a new learning experience for all of us and I trust that we

have been able to respond to your needs and questions.

I have to admit, I wasn’t exactly sure how this was all

going to work out and what the time working would be

like while being at home. My wife – who generally works

from home – complains sometimes that while she’s home,

some people think there is no problem just calling to talk

and catch up.

I will say that has not been my experience and I would say

that from my perspective it has been like drinking from a

firehose turned on at full blast. A real awakening was on a

Friday when the governor was holding a press conference

talking about Executive Order 55 and before the press

conference was even over, members were calling asking

if we were still classified as essential businesses.

I believe that has been the experience of all of our staff

and likely as a result of our delineating who was going to

cover what calls from our membership. Functionally every

staff member had/has a critical responsibility to ensure

that our members receive the support and assistance

they need … and quickly.

Each day brings on almost a different topic as the

COVID-19 crisis progresses: Are we an essential business,

what about coverage for employees who deliver food,

how is Work Comp going to be handled, how do I

handle BI claims, how do we organize our work-fromhome

policies/technology, commercial property vacancy

concerns, how are companies responding to decline

in risk, what about proposed legislation in New Jersey

(Massachusetts, Louisiana, etc.)? And that’s precisely

how we built out our COVID-19 website. We figured if

someone asked the question, others probably want to

know as well. So, we have categorized the questions/

answers to be subject specific:

10 THE BIG VIRGINIA SUMMER 2020


• Insurance/Specific Issues

• Legislation/Government – Federal, State and BOI

• Agency Operations/HR

• Trusted Sources (you have to admit … there’s a lot

of garbage out on the web)

• SBA Loans

• IIAV Staff Listing – for easy contact with us

We’ve received calls from large agencies and small

agencies and representatives from top to bottom.

We’ve been able to assist members from what’s true

and what’s not. Even today I received a distressed call

from an agent concerned about legislation reported as

passed with significant implications….only to ally his

fears that the legislation only resulted in a study and not

an actual proposal with significant implications.

I’ve looked at a fair number of websites and feel pretty

comfortable that the IIAV website provides the very

best of information you need to get through this storm

that’s specific to Virginia agents. And if it doesn’t, your

most valuable resource of your membership in the

Independent Insurance Agents of Virginia is only a

phone call or email away ... and that’s your professional

IIAV staff. #IIAVHELPSAGENTS

Bob Bradshaw, President & CEO

“I cannot say

enough good things

about the IIAV and

the benefits it

has provided our

agency.”

During the COVID-19 shutdown, our commercial auto clients that

were placed through the state assigned risk program were in a

difficult situation. The assigning carrier required that in order for

vehicles to be removed from an active policy, tags needed to be

turned in to the DMV. However, with the DMV being closed, it put

the clients in the difficult situation with very little recourse. Their

businesses were experiencing substantial decreases in trips and

revenue, but their insurance premiums remained constant.

After discussing this with Bob and Joe at the IIAV, they were able

to work with the BOI, who in turn worked with the assigning carrier

to put a premium relief program into place. This undoubtedly will

help keep these business afloat during this difficult time and it

would not have happened without the help of the IIAV.”

Stewart Felvey

Sr. Producer

Hilb Group of VA

SUMMER 2020 THE BIG VIRGINIA 11


WE

ARE

HERE

FOR

YOU

You are in the business of helping clients find

the right insurance coverage for their needs.

We are in the business of helping you. The

current environment for a lot of businesses has

been leveled but we have stepped up to help

YOU: Run your businesses, assist your clients,

and take care of your employees. We must

continue to rely on each other to support the

insurance industry and your insureds. IIAV will

continue doing the following to support and be

a resource to you.

1IIAV.com – COVID-19 Resource Page Where

you will find up-to-date information pertaining

directly to you, independent agents, your business,

clients, and employees. This page has information that you

will not find on the six o’clock news. There are insurancespecific

resources, legislative/regulatory resources,

Agency Operations/HR resources, and a dedicated tab

to SBA Loans and the PPP. Updated almost hourly, we are

adding webinars, fact sheets, company announcements,

tips, and government notices.

2IIAV Connects A conversation series featuring

people, ideas, and solutions. These conversations

are taking place virtually, via Zoom. We are

connecting agents, their peers, and experts to discuss

ideas and help find solutions as we are all experiencing the

12 THE BIG VIRGINIA SUMMER 2020


same challenges, questions, uncertainties, and changes

in this global health crisis. We want you to remember that

you are not alone. During these sessions, we hope that

you will take the opportunity to talk with other agents.

Our first conversation was with Dave Tralka, President

& CEO of InsurBanc. Other topics included: “How to

Manage Remote Teams,” “A Conversation With the

Commissioner,” “Awkward but Essential – How to sell in

a Highly Complex Time,” and “Reopening Your Doors –

What You Need to Know Before Taking This Step.”

If you haven’t joined us yet, don’t miss the next

conversation, happening every Wednesday. Click on the

IIAV Connects tab on the COVID-19 Resource page to

watch past broadcasts and register for the next one!

3Your Direct Resource – the IIAV staff

You have questions and we are here to answer

them. You have sent us many, many emails and

called us many times over the past several weeks asking

questions related to your business, your clients, and your

employees. We are here to research those questions

that you just simply need answers to – and quickly. As

an extension of your team, we can provide answers to

technical questions, answers to recent executive orders

and regulations and how they will affect you, and so much

more. Please reach out with any questions you may have

and we will find the right people to answer them.

With the help of national The Big “I” office, we are

making sure you are kept in mind as Congress makes

policies and proposals that will best help you maintain

liquidity and, ultimately, solvency during these turbulent

economic times.

During a recent press conference, President Trump stated

that business interruption insurance should be used for

business claims associated to the COVID-19 pandemic.

The Big “I” contacted the administration and made a

coordinated response with the heads of government

affairs for insurance company trade associations. IIAV

has drafted an Op-Ed: Business interruption insurance

claim gives Virginia’s small businesses false hope to be

sent to the Virginian-Pilot and other media across the

state. All that said, we are working for you and sending

out messaging to alleviate the stress of this issue in the

Commonwealth.

We thank you for being a part of the IIAV family and for

your continued support of our organization as we work

together to support this great industry and our clients.

Dennis Winfree

IIAV Chairman of the Board

AmGUARD • EastGUARD • NorGUARD • WestGUARD

JOIN OUR Success

We offer competitive pricing, an easy submission

process, and the opportunity for multi-product

discounts. Visit www.guard.com/states/ to view

products available in each state.

PRODUCTS IN VIRGINIA

Businessowner’s

Commercial Auto

Commercial Umbrella

Professional Liability

Workers’ Comp

APPLY NOW TO BECOME AN AGENT:

WWW.GUARD.COM/APPLY/

SUMMER 2020 THE BIG VIRGINIA 13


A QUESTION OF VALUE

A NEW

CHAPTER

David J. Dillon

John Horace could not believe how quickly his

business focus had changed. Sixty days ago, he

had been prompted by an open house event

in his neighborhood to think of his agency business as

a prospective buyer would. Now, with the economic

uncertainty related to the global COVID-19 pandemic,

John was required to write a new chapter in his agency’s

success and value story.

John understood that the value of his agency would

ultimately be a function of cash flow and risk. The qualitative

impact of the pandemic would be well documented, but

years from now, the quantitative details would likely be

more difficult to remember. These details will be important

to prospective buyers as they evaluate the risk involved in

investing in the agency in the future.

John had never kept a journal, but to tell the story of

the pandemic’s impact, he knew he needed to start

documenting the quantitative details of how the economic

challenges related to the pandemic impacted the agency.

So that he could tell the success and value story of the

agency later, John started his diary of 2020 – before, during

and after the pandemic.

New questions to consider

1. Think like a potential buyer: What would you want to know

about the impact of the COVID-19 pandemic on the agency?

What would you want

to know about the

impact of the COVID-19

pandemic on YOUR

agency?

2. How will your success and value story in 2020 compare to

the industry and to best practices agencies?

3. What information do you need to adequately answer the

question: How did the agency fare during the COVID-19

economic crisis?

4. How will the 2020 chapter of your agency success and value

story affect due diligence and the agency transition process?

5. How will agency operations change when the “all clear”

is given and we enter the new normal?

Action items

1. Keep a log of the dates and details of the impacts

related to the COVID-19 pandemic on agency financials.

Your numbers will tell part of the story. The details and

records you maintain now will position you to tell the

story behind the numbers.

2. Continue to log the financial impacts after the “all clear”

is given, including revenue, expenses, partners, clients

and prospects, partnerships and others.

David Dillon is a licensed P&C agent in 25 states and an IIAV

associate member as owner of Watney Insights Network,

Inc. His “why” is to collaborate with successful agency

professionals to solve big, meaty challenges, so that together

they “raise their game” to accomplish meaningful results for

success and fulfillment. His contact information is ddillon@

WatneyInsights.com, 703.648.0584 (O) and 703.785.9440 (M).

14 THE BIG VIRGINIA SUMMER 2020


POLICYHOLDER RETENTION RATE

OVER

90% *

POLICYHOLDER RETENTION RATE

When you only do one thing, you better

do it well and workers’ comp is all we’ve

ever done for over 30 years.

WORKERS’ COMP IS ALL WE DO.

amerisafe.com - 800.897.9719

*Policyholder retention rate based on voluntary business that we elected for renewal quote: 93.6% in 2018.

© 2020 AMERISAFE, Inc. AMERISAFE and the AMERISAFE LOGO is a registered trademark of AMERISAFE, Inc. SAFE ABOVE ALL is a

trademark of AMERISAFE, Inc. All rights reserved.


Staff Profile

GETTING TO KNOW BONNIE WARREN

ACSR, CPIW, DAE, RPLU, SENIOR INSURANCE ACCOUNT EXECUTIVE

Time at IIAV:

6 years

What does your job entail?

To find the best product that fits the client’s

needs at the best price possible. To be there

to listen and respond to agents’ concerns

and give directions when possible.

What do you like most about your

position?

The ability to help my clients, to protect

their financial future and to work with great

employees at IIAV.

have worked over the years to get my ACSR, CPIW, DAE

AND RPLU. I think it is very important to stay current in

your profession.

What was the first job you ever had?

I was a waitress when I was in college. That is an education

in itself. Great way to get to know the human race good

and bad.

Tell us about yourself.

I grew up in West Virginia, such a beautiful place. The

oldest of 7. Still very close to all my siblings. Both

parents have passed and so I am kind of the glue that

holds the family together at this point (so I am told).

Education Background

I went to Marshall University in Huntington, West

Virginia. I believe in continuing your education and

16 THE BIG VIRGINIA SUMMER 2020


What are you most proud of,

personally and professionally?

Personally: my son; he is a wonderful

person. Professionally: earning my CPIW

and RPLU and working in this wonderful

profession.

Name something people would be

surprised to know about you.

I am a 3rd degree black belt, taught

Karate for several years, and used to

do tournament fighting.

Name one thing on your bucket list.

To travel every state in the U.S.

Favorite Food

Ice cream – that is a food, right … ?

Movie

The Shack

Band/Artist

I love most all music, but older country

is my favorite.

Preferred Property Program can help you procure Umbrella

coverage for your insureds with an AXV A.M. Best rated carrier

for the following types of risks:

Developer Sponsored Boards

Master Associations

High-rise Associations & Apartments to 35 stories are eligible and more

Limit options ranging from $5 million to $50 million

Coverage can include excess D&O ● General Liability ● Auto ● Employee Benefits

Employers Liability, Including Employment Practices Liability*

(*if covered under the D&O)

Follow Form EPLI is available only up to $25 Million limit

AURA

In 2016 we partnered with American Union Risk Underwriters (AURA) located in Florida.

With our new partner we can now also offer our comprehensive Umbrella, with

unsurpassed service and for the following types of risks:

Hotels ● Motels ● Timeshares ● Lessor’s Risk Enclosed Malls Shopping Centers

Retail ● Office Buildings ● Warehouses ● Light Industrial Apartments

Limit options ranging from $5 million to $100 million

For information on our AURA program, contact our experienced underwriter Tom Clementi at 877-506-1430

or visit our website, www.aurains.com

A subsidiary of

101 Crawfords Corner Road, Suite 1300

Holmdel, NJ 07733

For more information

contact our team of Underwriters

888-548-2465

www.ppp-quotes.com

SUMMER 2020 THE BIG VIRGINIA 17


Industry Profile

Learn More About Jackson

Sumner & Associates

Jackson Sumner & Associates (JSA) is more than cool

ads, water bottles, and filming at convention. They

have some of the best people in the industry – that

along with the insane amount of technology they use, sets

them apart from others. They are huge supporters of IIAV

and we are so grateful for them. Continue reading to learn

more about what makes Jackson Sumner & Associates,

J S A with some insights from Brantley Saunders, JSA

Director of Marketing, and Danielle Wade, CPCU, CIC,

JSA President and CEO.

How long has your company been in business?

We were founded in 1981 and recently celebrated our 39th

anniversary.

When someone is “in the zone,” what are they

normally doing?

When we’re “in the zone” our underwriters are being

creative with how to provide the best coverage for the

most affordable price. It’s coming up with a solution to an

agent’s (or insured’s) problem quickly.

How do employees measure the impact of their work?

Based on if they were able to find a good solution for a risk

they have been presented with. And by good solution, I

mean a policy that would cover the insured’s exposure and

be able to set them back whole if they had a loss.

Where does the company expect to be in the next

three to five years?

In 3-5 years, JSA will be fundamentally the same as today:

an independent E&S Broker focused on superior customer

service, strong underwriting and ease of doing business.

We will have expanded markets and additional product

offerings so we can be a one-stop shop for all agents in

VA for any E&S needs. Our investments in technology will

only enhance the experience agents have when working

with JSA.

Are there any company-sponsored

activities to facilitate strong culture

among employees?

The JSA team really is like a family and

we love to celebrate and have fun as

evidenced by our annual Halloween

costume contest, Christmas party, and

charity work throughout the year.

We know you have an impressive office, what is

your favorite part?

My favorite part is our people! Our office is just a building,

but it’s the people that make it a great place to be! We

like to joke that our staff is as diverse and unique as the

risks we write, but that’s what makes working us with so

much fun. Everyone’s differences make us a fun, energetic

group. There’s never a dull day in our office.

How do you uphold your mission statement in the

work you do?

In everything we do, we’re guided by our mission to respect and

care for all human connections we make: company or agent,

friend or stranger. That means always doing things the right

way: strong underwriting, treating our employees like family and

providing superior customer service to our valued agent partners.

Why is JSA different?

In the words of our founder, Wayne Sumner: It is as important

to have “the right attitude” as it is to have the right products.

We strive to make it a pleasure to do business with us and

we hope our efforts are succeeding. We truly believe that

“we are in business because of you,” and we shall never

forget that.

18 THE BIG VIRGINIA SUMMER 2020


T H A N K Y O U 2 0 2 0 P A R T N E R S

C H A I R M A N L E V E L

P R E S I D E N T L E V E L

V I C E P R E S I D E N T L E V E L

D I R E C T O R L E V E L

Amerisafe

Aspera Insurance Services

Berkshire Hathaway GUARD

Central Insurance

EMPLOYERS

First Benefits Insurance Mutual

Hanover Excess & Surplus Inc

Goodville Mutual Casualty Co.

Landin Inc

Leavitt Group

Loudoun Mutual Insurance Group

MMG Insurance

Mutual Assurance Society of VA

Penn National

SageSure Insurance Managers

State Auto Insurance Co.

Stonewood Insurance

The Main Street America Group

Triumph Commercial Finance

SUMMER 2020 THE BIG VIRGINIA 19



5SELF-

DECEPTIONS

THAT HOLD

US BACK

By John Graham

As human beings, we’re experts at deceiving ourselves,

all because it’s so easy for us to think we know more

than we do. As a result, we do less than our best work,

miss out on opportunities, and mess up our decisions.

To be sure, self-deception is one way we

keep ourselves safe. We use it to fend off

enemies that would expose us to troublesome

situations. No one escapes; we all do it. With

self-deception it’s easy to believe the little

voice inside us is right.

Although we may picture ourselves as rational

human beings who process information

objectively, psychologists Karen Reivich,

PH.D. and Andrew Shattè, Ph.D. tell us “we

are downright shoddy scientists. We collect

incomplete data, we use shortcuts to process

it that lead to biased appraisals, and we make

errors in interpretation that often support

our favored hypothesis.” In other words, we

construe facts until we feel good. In short, we

screw up!

Here are five self-deceptions that hold us back:

Self-Deception #1

“Others are better equipped to

handle challenges than I am.”

It doesn’t take much thought for most of us

to conclude that others are better prepared

to face personal or work life issues. Yet, the

chances are they see us the same way we view

them!

As it turns out, what we’re doing is measuring

ourselves against the wrong standard. It’s not

us versus them (except in our mind) since the

actual competition is with ourselves. We spend

time building “this is why I can’t” cases against

SUMMER 2020 THE BIG VIRGINIA 21


ourselves, rather than realistically assessing our capabilities

against our past performance. Simply put, we don’t give

ourselves enough credit.

Self-Deception #2

“I need a little space

to get everything all set.”

There are those who view themselves as perfectionists. But

wait a minute, it could be something else. “I don’t want to

pull the trigger too soon. I would rather wait a little longer.”

Some of the seemingly most competent people suffer from

this self-deception.

It’s easy to set the bar so high we never get ready. If we

get close, we keep raising it higher. It’s easy to convince

ourselves that anything less than flawless is failure. “I need

to go over the proposal one more time to be sure it’s right.

I’ll have it to you by tomorrow.” As we all know, tomorrow

never comes.

Self-Deception #3

“I’m afraid something

will go wrong and I will fail.”

Few of us escape the fear of failure’s grip at one time

or another. Which is why there is so much advice

available on how to loosen fear’s hold on us. But

when it comes right down to it, trying to get over

the fear of failure isn’t the point.

When I was 11, three of us hiked up to a police

shooting range. The goal was to dig out the

lead buried in the hillside behind the targets.

Hauling our bounty home, we lit a Coleman

gasoline camp stove in our garage and

melted the lead in a Hills Bros coffee can.

To see what might happen, one boy

poured gasoline in the can. Instantly

flames shot up, along with hot, liquid

lead. Although we were scared stiff,

miraculously none of us was hurt!

Fear can be an effective survival

technique is the point of the

story. Ignore it and you can get

hurt. But you can also use fear

to your advantage by asking,

“What could possibly

happen if I move forward

with this project?” Lay it all

out on the table, evaluate

it thoroughly, and then

make your decision.

Self-Deception #4

“I may not meet the requirements,

but I know I can do it.”

As a taxi driver said about Mexico City traffic, “If you

don’t try, you’ll never make it.” Such daring describes the

“go get‘em attitude” of many successful people. But the

results don’t always come out that way. We can also wind

up in trouble.

Perhaps this may be why Nobel Laurette Daniel Kahneman

ended a Ted Talk this way: “Don’t trust yourself too much.

Don’t trust in ideas and beliefs just because you can’t

imagine another alternative to them. Overconfidence is

really the enemy of good thinking, and I wish that humility

about our beliefs could spread.”

Self-Deception #5

“I’m good at what I do

so I’m not worried.”

I’ve wondered why Hewlett-Packard runs endless ads

for its printers at near giveaway prices. Declining printer

supply sales may be the answer. As a recent Bloomberg

Businessweek article points out, HP’s 1989 annual report

stated, “New products are the lifeblood of our company.”

But, as the BB reporters note, “Today old products are

arguably the lifeblood of the company.” Marketing

printers results in a continuing stream of printer supply

sales. Yet, the article notes, sales of supplies declined for

the last three quarters. Companies, as well as individuals,

can suffer from self-deception.

No one lives or works in a “Self-Delusion-Free Zone”. We

are all victims of self-delusions. We’re the prisoners of

our own self-serving thoughts, which can be deceptively

calming and protecting us from danger. We’re eager to

believe the little voice, “Everything’s going to be OK.”

For example, “Others may come down with the Covid-19,

but I’ll escape it.” Or, “Others may be laid off, but I’m

needed.” We are suckers for selfies of our own reality.

There’s one self-deception that ties all five together,

one that can get us in deep trouble. professionally and

personally. It’s this: there’s so much we think we know

that we don’t know. The future may well depend on

admitting there are glaring gaps in our knowledge, when

being tough on ourselves can make a difference.

John Graham of GrahamComm is a marketing and sales

strategy consultant and business writer. He is the creator

of “Magnet Marketing,” and publishes a free monthly

eBulletin, “No Nonsense Marketing & Sales Ideas.”

Contact him at jgraham@grahamcomm.com, 617-774-

9759 or johnrgraham.com.


O c t o b e r

1 1 - 1 4 ,

2 0 2 0

Marriott Virginia

Beach Oceanfront

N A V I G A T I N G

T H E

F U T U R E

IIAV CONVENTION & EXPOSITION

For more information & to register visit: www.iiav.com/acinfo

SUMMER 2020 THE BIG VIRGINIA 23


2020 Resource & Solution Center

Monday, October 12th

9

Booths: 6’Dx10’W Tables: 6’x2’ foyer table

Exhibit space Includes:

Important Times:

One (1) 6’x2’ custom draped table

Two (2) chairs

One (1) sign

One (1) wastebasket

The entire exhibit area is carpeted

Hall Set-up: 12:30pm-2:30pm

Exhibitor Meeting: 2:30pm-2:45pm

Exhibitor Prize Drawings: 5:30pm

Exhibitor Breakdown: 6:00pm

Any additional equipment, special lighting or decorations should be arranged through Exhibits, Inc.,

the official Resource & Solution Center decorator.

Denotes corner booth pricing

Denotes filled booth

Updated 2/18/2020

ENTRANCESOLD OUT

1.Grange Insurance

17. Assurant Flood Solutions

2. Commonwealth Underwriters18. Harford Mutual Ins

3. Utica First

19. Progressive Ins.

4. Advisor Evolved

20. Acuity Ins.

5. Pie Insurance

21. TAPCO Underwriters, Inc.

6. Philadelphia Ins Companies 22. APCO Credit Corp

7. Gennesee Ins.

23. Falls Lake Insurance Co

8. SERVPRO

24. Pennsylvania Lumbermans

9. Employers

25. Big I Hires

10. Insurance House 26. SouthEast Personal Leasing

11. Amerisafe

27. Rockingham Ins. Group

12. Leavitt Group

28. ICW Group

13. Main Street America Group

14. Iroquois Mid-Atlantic

15. Jackson Sumner & Assoc.

16. Xpress-Pay

x = Sold

29. SageSure Ins. Managers

30. Johnson & Johnson

31. Trusted Flood Brokerage

32. AmWINS Group, Inc.

* IIAV Endorsed Vendor

33. HomeTech

34. Brethren Mutual Ins.

35. Orchid Insurance

36. Donegal Ins Group

37. First Benefits Ins. Mutual

38. Imperial PFS*

39. Watney Insights Network

40. Selective Ins. Flood-PL

41. State Auto Ins. Companies

42. Liberty Mutual/Safeco

43. Narragansett Bay Ins.

44. Prime Ins Company

45. MEMIC

46. MEMIC

47. ePayPolicy

48. Shenandoah Mutual Fire Ins.

49. Liberty Mutual/Safeco

50. Kite Technology Group

51. Homeowners of America Ins

52. Zenith Ins Company

53. Berkshire Hathaway Guard

54. Applied Underwriters

55. Berkley Mid-Atlantic Group

56. Belfor Property Restoration

57. Victor Ins.

58. Nationwide Ins.

59. Triumph Commercial Finance

60. Goodville

61. Titan Web Mktg Solutions

62. Markel Specialty

63. Xanatek

64. Landin, Inc.

65. Midwestern Ins Alliance

66. Houston International Ins.

67. Mercury Ins Company

68. RPS

69. Hanover Excess & Surplus

70. EZLynx

71. Benefinder

72. Little Dog Social Media

73. Aspera Ins. Services

74. West Bend Mutual Ins.

75. Smart Choice

76. UIG

T1. EVOLVE MGA

T2. Bureau of Insurance

T3. VFSC/SwissRE

24 THE BIG VIRGINIA SUMMER 2020


THANK YOU TO OUR 2020 SPONSORS!

As of 2/18/2020

PLATINUM LEVEL

GOLD LEVEL

SILVER LEVEL

BRONZE LEVEL

Amerisafe

AmWINS Group

Aspera Insurance Services

Berkshire Hathaway GUARD

Central Insurance Co

EMPLOYERS

First Benefits Mutual

Goodville

Landin, Inc.

Leavitt Group

The Main Street America Group

MMG Insurance Company

Mutual Assurance Society of VA

Penn National

Prime Insurance Company

Rockingham Group

SageSure Insurance Managers

State Auto Insurance Companies

Stonewood Insurance

SwissRe

Triumph Commercial Finance

COPPER LEVEL

Markel Specialty

Philadelphia Insurance Companies

SUMMER 2020 THE BIG VIRGINIA 25


CYBER: IT’S NOT JUST FOR THE BIG GUYS

Sponsored by CNA

Despite high-profile stories of

companies getting hacked, many

still make the mistake of thinking it

won’t happen to them. Here are a

few common cyber myths – and how

you can combat them when offering

cyber coverage to your commercial

clients.

MYTH: Cyber coverage is

just about hackers.

“Cyber” is one of the biggest

misnomers in the insurance world

because it implies that this type

of coverage only pertains to your

network and the data on it. Not true.

26 THE BIG VIRGINIA SUMMER 2020

“The forms we sell address any

type of confidential information

in your possession, regardless of

format,” says Katie Wilson, CNA vice

president, underwriting. “It could

be paper documents, a lost laptop

or an employee sending an email to

the wrong place—none of which has

anything to do with someone hacking

into your network.”

MYTH: As long as your

network is protected,

you’re safe.

It’s not just about protecting the

data – it’s also about educating

your employees. In the cyber age,

everyone is a risk manager. Nick Graf,

director of risk control at CNA, notes

that one of the carrier’s differentiators

is the guidance clients receive on

information security policies.

“Employees can be the strongest

asset or the weakest link,” Graf says.

“The majority of these attacks usually

start with some sort of employee

mistake – opening an attachment,

sending a file unencrypted.”

That means training employees about

cyber risks is critical.


MYTH: Technology and health care

companies are the prime purchasers of

cyber coverage.

The insurance industry needs to broaden its perception

of which commercial clients need cyber coverage.

“In the last year, professional services – accounting firms,

law firms, architects and engineers – have definitely

increased the level at which they are purchasing

coverage,” Wilson says. “We’re starting to see some

manufacturers purchasing coverage as their network

drives a significant part of what they do these days.”

Graf agrees, pointing out that manufacturing and

construction are two fields which will see increased cyber

exposure within the next five years.

MYTH: If you’re following privacy

notification laws, you’re doing enough.

With the exception of HIPAA information, notification

after a breach is regulated at the state level. But if a

breach occurs and the law requires no action, can a

business survive the reputational harm?

“The No. 1 thing that differentiates CNA’s coverage is that

if you have personal information hacked, we give you the

option to notify whether or not there is a legal obligation

to notify,” Wilson says. “You don’t get that option with

some carriers. And we also don’t tie in our definition of

personally identifiable information to privacy laws. We

certainly will respond as a privacy law requires. But if you

have confidential information that has been breached

and it doesn’t fall within the parameters of a notification

law, a CNA policy allows for voluntary notification.”

MYTH: Only big companies are at risk of a

cyber breach.

Ransomware continues to grow exponentially year

over year, and it’s hitting all organizations – from those

in government to the private industry to one- or twoperson

doctor’s offices.

“The bad guys really don’t care how big or small you

are,” Graf says. “It’s very likely that they can extract

some sort of financial compensation for their activity.

Regardless of the size of your company, I can promise

that you will be the target of one of these attacks soon.

And a single event without coverage could very easily be

a business-ending event.”

Note: Only the relevant insurance policy can provide the

actual terms, coverages, amounts and conditions for an

insured. All products and services may not be available

in all states and may be

subject to change without

notice. CNA is a registered

trademark of CNA Financial

Corporation.

AMsuite ® IS HERE!

Helping you help customers with these

HARDER-TO-PLACE PROPERTY RISKS:

• A few past claims

• Less-than-perfect credit

• Title in the name of an LLC, trust or estate

• Multiple rental properties on one policy –

great for landlords

• Vacant home – for sale or renovation

• Older construction or condition issues

• Manufactured homes, modular, park

models, tiny homes

• Pools, trampolines, dogs

Recreational lines are available, too:

MOTORSPORTS

Wide eligibility, including ATVs,

UTVs, golf carts and snowmobiles

COLLECTOR VEHICLE

This is a great complement to

your standard auto business

BOAT AND YACHT

Wide eligibility of type, speed,

length and value

For more information,

contact us at BDI and start

using the new AMsuite ® !

bloss-dillard.com

Contact us (804) 285-4930 • (800) 627-0505 • f (804) 285-4945

Send submissions to: submissions@bloss-dillard.com

SUMMER 2020 THE BIG VIRGINIA 27



THE NEW NORMAL: 4 PERENNIAL CYBER THREATS

By Will Jones

In 2019, ransomware and business email compromise emerged

as some of the biggest cyber threats around. As ransomware

attacks paralyzed public entities, such as the attack that

crippled the Baltimore’s government computer systems, and

business email compromise and social engineering efforts

targeted businesses from Main Street to Wall Street, the

insurance industry has reacted with a host of new products and

coverages.

However, by the very nature of the risk, yesterday’s cyber

threat will not be tomorrow’s biggest danger. Here are four

other cyber risks in the cyber liability space that will threaten

businesses in 2020:

1) Vendors. In 2017, retail giant Target was ordered to

pay an $18.5 million multistate settlement to resolve state

investigations of the 2013 cyberattack that affected more than

41 million of the company’s customer payment card accounts.

An investigation determined that cybercriminals gained access

to Target’s system through credentials stolen from a third-party

vendor. Using the credentials, the attackers gained access to

a customer service database, installed malware on the system

and captured a host of sensitive data.

“When you look at the Target situation, the hackers got in

through the vendor associated with the HVAC system,” says

Ken Heebner, senior account executive, TrustStar Insurance

Services, Inc. in Universal City, Texas. “Agents and insured

don’t take into account the vendors, the risk exposure they

bring to the table.”

“If something like that happens, that could fall on you or your

client and it becomes a huge battle,” Heebner adds. “That

vendor can be your best friend or your worst enemy. Agents

have to have those tough discussions with their clients so that

they understand the seriousness.”

2) Regulation. The California Consumer Privacy Act (CCPA)

took effect on Jan. 1 and was seen as a victory for consumers to

provide them certain rights over the data that companies like

Facebook, Google and data brokers collect from them.

Most of the CCPA is based on the European Union’s General

Data Protection Regulation (GDPR), except for one important

issue. While GDPR requires individuals to provide consent

before their data can be collected, CCPA instead assumes

consent and requires it to be revoked if an individual wishes to

opt-out. Either way, the regulations are something that could

be somewhat of a back-door risk to commercial insureds.

“Data breach obviously still mainly affects industries that

process or store sensitive information, such as retail, healthcare,

hospitality and technology, but even in this area there is change

underway,” says Jacob Ingerslev, Head of Global Cyber Risk,

The Hartford.

“New regulations, such as GDPR in Europe and the CCPA in

California, expand privacy regulation from traditionally being

mostly a data breach issue to becoming a data collection and

processing issue, with the potential for enormous fines and

elevated litigation costs relating to non-compliance with those

practices,” he says.

3) Manufacturers. Manufacturers are increasingly being

targeted not just by traditional malicious actors, such as hackers

and cybercriminals, but by competing companies and nations

engaged in corporate espionage, according to Deloitte, where

motivations range from money and revenge to competitive

advantage and strategic disruption.

In today’s business environment of increased automation,

connectivity and globalization, even the most powerful

organizations in the world are vulnerable, which leaves the

question: What happens to a manufacturing business when

its production operations suddenly grind to a halt due to a

cyberattack?

“Cyber insurance continues to be a dynamic area that requires

all of us—carriers and agents alike—to work to keep up,” says

Timothy Zeilman, HSB vice president, Global Cyber Products.

“My suggestion would be to focus the continuing shift towards

increased awareness of the cyber exposure of businesses that

don’t necessarily have high personal information exposure but

do have a significant business interruption exposure.”

“Businesses like manufacturers that have a lower personal

information exposure, but a significant business interruption

exposure may just now, with the rise of risks like ransomware be

becoming aware of their need for cyber insurance,” he adds.

4) The digitally connected world. The average

American household has six devices connected to the internet

such as a security camera, smart home assistant, smart TV or

baby monitor, according to a recent study by Grange. Any device

connected to the internet is at risk of being hacked, which puts

every type of business at risk. The example that Heebner utilizes

a lot is “elevators that are connected through the internet.”

“If something happened on that elevator that was caused due

to somebody hacking into the system, you now have removed

the general liability coverage because it’s not a covered peril on

that policy,” Heebner says.

“Agents need to have discussions with their clients about risk

management and what their exposures are so that you can get

down to helping them identify a pain point with their cyber risk

and exposure they might have missed,” he adds. “Claims due

to first-party and third-party bodily injury, property damage and

pollution could all be caused by a hacker controlling systems

through the internet.”

Will Jones is IA managing editor.

SUMMER 2020 THE BIG VIRGINIA 29


TOP 5 CYBER

LIABILITY

INSURANCE

CONCERNS

FOR AGENTS

Sponsored by Risk Placement Services

Servicing clients and their exposures

is difficult enough. But throw in

trying to keep up on the cyber

evolving liability exposures and

associated coverage forms, and it’s a

complicated situation that may leave

agents exposed themselves.

Here are five things to consider in

designing the right cyber liability

coverage for your clients:

1) Cybercrime complications.

Cybercrime, such as phishing

schemes and social engineering, is

complicated. Insureds expect that if

they have both a crime and a cyber

policy, they should be covered.

Unfortunately, this isn’t the case.

Some crime policies specifically

state social engineering and cyber

theft is included, while others may

not. It’s important to design a crime

policy that covers certain cybercrime

exposures and complements the

cyber policy.

2) Add-on cyber coverage.

Cyber may be an added “throwin”

as part of a commercial general

liability policy, business owners policy

or professional liability policy, but in

most cases, the insured will not have

the coverage they need.

These policies may include low

limits, sub-limits or even exclusions

for cyber losses, which leave clients

underinsured. Or, the policy may

have aggregate limits shared among

coverage grants, leaving the insured

further exposed.

3) Business Interruption

triggers.

A strong cyber policy will include

business interruption coverage to

pick up the exclusion on a property

policy for a network security event.

Most cyber policies will respond in the

event of a security breach that causes

network failure and loss of revenue.

Recently, this has been expanded to

include business interruption caused

as a result of an insured’s system

failure or network disruption, which is

a much broader trigger.

The type and extent of business

interruption coverage in a cyber

policy becomes extremely important

depending on the client’s industry.

For example, a manufacturer would

be greatly impacted if a supplier’s

system failed, upending their ability

to deliver.

4) Pre-breach resources.

There is a big push to prevent claims

with pre-breach resources, but how

engaged are insureds in using these

services?

It’s important not to sell solely based

on what an insured can get for free,

where the take-up rate for services

has been traditionally low, particularly

in the small to mid-size market. While

we should offer risk management

resources, add-on services shouldn’t

be at the expense of the policy

language itself.

5) Risk management terms

and procedures.

It’s important for agents and brokers

to familiarize themselves with the

terms and procedures to help prevent

losses. This includes:

• Multi-factor authentication

• Checks and balances for wire

transfers and invoicing

• Segregated, regular critical data

backups

• Ongoing employee training

Cyber insurance solutions for diverse

industries are available. But you need

to know what to look for, when it’s

important and for which industries.

Collaborating with a wholesale

partner with broad market reach

gives you access to the wide range

of coverage, but also experts who

specialize in handling cyber risk. With

online platforms that make quoting

cyber simple and fast, a wholesale

partner may be the right path to

providing cyber coverage for your

clients.

By Steve Robinson, area president,

technology & cyber, Risk Placement Services.

30 THE BIG VIRGINIA SUMMER 2020


Gone

Phishing

If you don't think

it could happen to

you...think again.

Training staff to

be on the alert of

these fraudulent

email scams is

key.

Don't get hooked!

23% of email recipients open phishing

emails.

11% of email recipients click on

attachments.

Protect against

such losses with

an EVOLVE Policy

through VFSC

15% of an employee's web session are

initiated by clicking on a link in an email.

92% of employees trust the security of

the company's email system and feel

their email is safe.

To obtain a quote,

contact the IIAV by:

Phone: 804-747-9300 or

800-288-4428

Email: lloving@iiav.com

Website: www.iiav.com

03/2020

SUMMER 2020 THE BIG VIRGINIA 31


WHAT YOUR EMPLOYEES

DO WHILE NOT AT WORK

By Paige McAllister, SPHR, SHRM-SCP, Vice President HR Compliance – Affinity HR Group, Inc.

Handling employees’ unacceptable behavior during work time and

on-site is hard enough. But sometimes we have employees whose

behavior and actions after hours or off-site impact the company

or other employees. What can you do then?

It is a myth that you cannot take action

based on an employee’s off-hours

behavior. While nearly 30 states have

some level of protection restricting

actions you can take against

employees for legal off-duty behavior,

if it impacts your business, clients,

and/or other employees, you may

have the ability, and sometimes the

obligation, to discipline accordingly.

While most of your employment

policies only cover working time,

there are several critical policies that

also cover off-hours behavior, most

importantly:

• Non-Harassment/Non-Sexual

Harassment/Non-Discrimination/

Non-Retaliation

• Substance Use and Abuse

• Confidentiality/Non-Disclosure

• Workplace Violence

While circumstances are always

different, some situations we have seen

are:

An employee makes unacceptable

advances and/or comments to

another employee during an afterhours

gathering for “happy hour.”

Even though this is a voluntary event

not sponsored or organized by the

company, the victim has protections

under the sexual harassment policy. If the

harassed party makes a complaint or if a

third party mentions the unacceptable

behavior, management must investigate

and take action so the harassed person

feels safe. The discipline may not be

as harsh as if it happened onsite but a

warning at least may be warranted. If the

accused is a manager, investigating and

taking action is even more necessary

as that liability will fall on the company

regardless of if it is work time or not.

32 THE BIG VIRGINIA SUMMER 2020


An employee uses marijuana legally

over the weekend but then fails a

random drug test on Monday. The

legalization of marijuana has created

issues when it comes to drafting and

implementing employment policies.

Since marijuana shows up as a

positive result for much longer than

the employee is under the influence,

it is hard to know when and how to

discipline. In some situations, you

may need to witness several side

effects of the employee being under

the influence regardless of the drug

test result. In others, any positive

result is ground for termination, such

as in states where the substance

is illegal or you are controlled by a

zero-tolerance policy based on a

federal contract.

An employee acts inappropriately

during a conference in front of

co-workers, vendors, clients,

and prospects, becoming loud

and “un-PC.” The employee is

representing the company so this

unacceptable behavior could cost

the company money, reputation, and

clients. More serious actions such

as revealing classified information,

harassing/sexually harassing an

employee, client, or vendor, telling

inappropriate jokes, or using

unacceptable language should

result in serious discipline. Note: The

employee cannot use “being drunk”

as an acceptable defense. They are

still responsible for their actions and

possibly restricting alcohol in future

events may be appropriate.

An employee complains about

their low wages (posting how

much they make) and how awful

their supervisor is. Some speech

like this is protected under the

National Labor Relations Act (NLRA).

Under the NLRA, all employees have

the right to exercise “protected

concerted activity” which is speech

or actions with the purpose of

improving working conditions for

themselves and others. Employees

talking about their own work

conditions is protected; talking

about others without permission

is not. It is also not protected to

violate confidentiality such as the

company’s pricing structure or client

information.

An employee is arrested for their

part in a barroom brawl involving

their friends and some strangers.

In most situations, you cannot

take action on an arrest alone.

However, if the charge is serious

enough that the employee will be

missing significant time (i.e., they

cannot report to work because they

are in jail) then you may have the

option to terminate for unexcused

absences. If the charge involves

violence, you may have options

for discipline if there is legitimate

concern it could migrate into the

workplace. If other employees were

involved, you may need to evaluate

the workplace situation since there

may be harassment or workplace

violence implications evolving from

an unaddressed situation.

An employee uses their personal

social media accounts to post

derogatory messages which

customers have complained about.

Somehow people have connected

this employee and their opinions to

your company so you may be “guilty

by association.” Even though the

employee is using their personal

accounts, presumably on their own

time, their actions are now impacting

your business. This behavior could

impact your company’s reputation,

make customers take their business

elsewhere, and make your other

employees feel uncomfortable. You

cannot make a knee-jerk decision

but should evaluate all the factors,

including the employee’s work

performance, tenure, etc., and

determine the best course of action

including perhaps disciplinary action

or even termination.

An employee who works in

purchasing comes to the office

Monday talking about the great

time they had with a potential

vendor at a sporting event

including luxury box seats, a full

bar, and a meet-and-greet with

the team. While on the surface

there seems to be nothing wrong

here, you need to consider all the

potential outcomes arising from this

situation. An employee accepting

such a valuable gift could create a

spoken or unspoken expectation

to steer your company’s business

to their company. If they have

any power over the decision, the

impartiality of their decision-making

could come into question, possibly

committing your company to a costly

relationship that does not work for

you. Having a Conflicts of Interest

policy outlining what is and is not

acceptable can help you ensure that

employees are making decisions for

the right reasons.

Please note that all situations

differ based on factors such as

the employee’s circumstances, the

company’s past precedent, state

and local laws, employment-at-will

status, and/or collective bargaining

agreements. Therefore, before you

discipline or fire an employee for offduty

conduct, you want to assess:

• Is the employee an at-will

employee?

• Did the employee engage in

protected activity, such as that

protected by the NLRA?

• Are there any federal, state, or

local laws that may apply?

And before you take action, it is best

to do a full investigation, listen to all

sides involved and, when in doubt,

check with your legal counsel or call

us at Affinity HR Group to help walk

you through it.

Paige McAllister is a contributor for

Affinity HR Group, Inc., IIAV’s affiliated

human resources partner. Affinity

HR Group specializes in providing

human resources assistance to

associations such as IIAV and their

member companies. To learn more,

visit www.affinityHRgroup.com.

SUMMER 2020 THE BIG VIRGINIA 33


34 THE BIG VIRGINIA SUMMER 2020


Leading

the

Way…

…always has

Premium In-Force: From $1.02 Billion

in 1999 to $8.1 Billion in 2018

11 consecutive years of signing over 400

new independent member agencies

36 years as the leading model for IA

insurance distribution

Highest commissions, national and

local incentives

…always will

Exclusive online portal and field support

teams for independent member agencies

Resources include marketing, training,

commercial lines initiatives, easily accessed

life insurance products, and more

E&S and specialty programs

Strong and competitive companies as

Strategic Partners

In Western VA

888.371.6879

www.msaanetwork.com

In Central & Southeast VA

910.478.3311

www.siaofva.com

In Northern VA / DC

443.692.4000

www.pinsiaa.com

In North Central VA

423.782.2428

www.meaa4u.com


Expect big things in workers’ compensation. Most classes approved, nationwide. It pays to get a quote from Applied. ®

For information call (877) 234-4450 or visit auw.com/us. Follow us at bigdoghq.com.

©2020 Applied Underwriters, Inc. Rated A (Excellent) by AM Best. Insurance plans protected U.S. Patent No. 7,908,157.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!