1. finance
2. personal finance
3. insurance

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September/October 2011
Defining “Resident”
in Personal Lines
Page 17
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What is Diminution in Value Claim and is the Owner of a Vehicle
Entitled to that Damage?
In today’s electronic age, it is astonishing how much information is available on any
subject. If you have an accident in your vehicle and an insurance claim is paid . . . that
information is now in a database that anyone with a few dollars can access.
Regardless of how well the repairs are done, the stigma of your vehicle will be that it
was involved in an accident and possibly less reliable than it was prior to the collision.
If you trade in your vehicle for a new one, you will find that in most cases the dealership
will run a report to see if the vehicle has ever been involved in a collision resulting in an
insurance company payment. Once this is known, it can have a significant amount of
impact on the “trade-in value” of your car. Although the at fault party’s insurance
company paid you to have the vehicle repaired, and even if the sharpest eye can’t see
the repairs, the market value of a vehicle can be much less than if it were not involved
in an accident.
The reduction in value caused by the stigma of the vehicle being involved in an accident
is called Diminution in Value.
When dealing with third-party claims, some
insurance companies recognize this loss and will
gladly pay the vehicle owner for the lost “resale”
or “current” value. Others have argued there is
no clear case law in Arizona addressing this
issue, and since they have restored the vehicle to
“like new” condition, they have no further
obligation.
In July 2011, the Arizona Court of Appeals
(Division One) ruled that the loss of resale value
of a vehicle resulting from an accident is
recoverable in third-party claims. (NOTE: This
discussion of Diminution in Value Claims is
applicable only in liability losses – not first party collision claims.) In Oliver v. Henry
(1 CA-CV 10-0701), the Appeals Court recognized “Diminution in Value” as the
measure of damages the difference in the value of the property immediately before the
accident and the value of the vehicle immediately after the vehicle’s repair.
In this specific case, they established that the “trade in” value of his vehicle at a
dealership was $8,000 less than if the vehicle had not been involved in the accident.
Even though Mr. Oliver had no intention to sell the vehicle immediately – he argued
that he was entitled to the $8,000 because it was a real and definable difference in value
resulting from the accident.
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How to Keep Your
CSRs Motivated
Arizona Roads
Less Deadly
Page 30
October 25, 2011
CISR Conferment Ceremony Luncheon
Wrigley Mansion—Phoenix
October 26-28, 2011
CIC Commercial Property Institute
Fiesta Resort—Tempe
November 3, 2011
CISR Conferment Ceremony Dinner
Savoy Opera House—Tucson
November 18, 2011
IIABAZ Board Meeting
ITEC Classroom—Phoenix
November 24-25, 2011
Thanksgiving Day & Post-Thanksgiving Day
IIABAZ Office Closed
It is rather easy to establish the dollar
amount it will cost to repair a vehicle,
however, it takes special knowledge to
estimate the “reduced value” to a repaired
vehicle. Some insurance companies have
willingly hired consultants to calculate the
“diminished value” while others have relied
on input from local dealerships. Yet still,
some insurance companies (such as in this
case) have denied any legal responsibility for
the reduced value.
Of course, there will continue to be
arguments, and no doubt litigation, over how
to determine the “amount” of loss resulting
from diminished value. I’m sure there will
remain enough confusion on how to
determine “before loss” versus “after loss”
values to keep the legal profession gainfully
employed for many years.
If you would like a copy of this decision,
please go to our website at www.iiabaz.com
under Government Affairs, then Court
Cases.
Author: Lanny L. Hair, CIC, RPLU, ARM,
AAI—IIABAZ Executive Vice President
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page
September / October 2011 Edition
Book of Business: Successful young Arizona agent interested in
purchasing a small P&C book of business, a combination of
Commercial and Personal Lines is desired. Please contact
[email protected]
Free Member Access to Best Practices Study: Big “I”
members can link to the Best Practices Gateway to browse the
latest research on top-rated agencies, rank their performance
against the Best Practices agencies, download useful tools to
improve performance and share their opinions and experiences on a
variety of agency management issues.
The Gateway also provides a performance quick check that lets
members compare their agency’s performance in seven areas critical
to agency value, and to obtain an overall performance score.
The Gateway even provides a tool kit that allows members to
review other Best Practices resources addressing a variety of agency
management topics such as procedures/workflows, sales
Development, leadership, team building, customer service and more.
To access the Best Practices Gateway, visit
www.independentagent.com, select “Best Practices” and “Best
Practices Gateway”. For questions or comments, please contact
[email protected].
INSIDE THIS EDITION
Diminution In Value
Cover
Sales And Servicing Strategies to Grow Your Agency’s Business Page 3
If Producers Could Produce....
Page 8
Flood Insurance Reform and Modernization Act Update
Page 11
IIABAZ Moves to Resolve Issue with Office of Pest Management Page 11
Arizona’s Outstanding CSR of the Year is...
Page 13
Unitrin Changes Name to Kemper
Page 14
National Debt Ceiling and Other Economic Musings
Page 16
Who is a “Resident” Under a Personal Lines Policy?
Page 17
Does 2 + 8 + 9 = 1?
Page 20
Driving-Related Deaths Show Declining Trend In Arizona
Page 24
Sell More and Build Relationships Through Better Eye Contact Page 25
IIAB of Arizona Membership Has Its Privileges
Page 26
“Insuring Public Entities”—A Risk Management Approach
Page 26
ACORD and Notices of Cancellation
Page 28
Experts Provide Insight on Agency Valuation
Page 29
Four Ways to Motivate CSRs
Page 30
Advertisements
Acuity
American Summit Insurance Company
AmTrust North America
Austin Mutual Insurance Company
The E&O Department
Freedom National Insurance Services
Guard Insurance Group
Mercury Insurance
MexiPass International Insurance Services
Pekin Insurance
Preferred Property Program
Risk Placement Services
SECURA Insurance Companies
Transwestern General Agency
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
Recent research offers invaluable insights about what drives personal lines
consumers to choose particular providers for insurance, what’s important to
them in making their decisions and how they want their insurance providers
to interact with them. This article pulls relevant consumer data from five
different studies and then outlines how independent agencies might use this
data to enhance their personal lines operations and strategies to attract and
retain today’s changing consumer and compete effectively with the direct
carriers and others.
Recent consumer studies provide several insights that can be helpful
to independent agencies to attract new personal lines business, as well
as to retain current clients. In my article last issue, I cited some of the
findings in these studies to outline how independent agents can use
the technology tools now available to them to attract online auto
insurance shoppers and offer them a better value proposition than the
direct carriers. Below, I drill down further into the comScore and J.D.
Power & Associates research to ferret out additional trends in
automobile and property insurance consumer preferences and
behavior that independent agencies can use to gain competitive
advantage.
Consumer Reasons for Buying Direct or Through an Agent
What struck me about the comScore research was that the reasons
given by most consumers for buying from an online carrier rather than
through an agent were not very compelling and could be effectively
overcome by agencies if they were to use available online tools and
were able to get across their “value add” message to consumers while
they are in the shopping process. The top five reasons given by
consumers for not using a local agent were:
 I found it more convenient to use a website or 24 hour toll free
number—29%
 It was faster to purchase online or via a toll free number—28%
 I got a quote online and decided to purchase online—26%
 I prefer to use a website or toll free number—20%
 It was cheaper to purchase online or via a toll free number—20%.
In contrast, the top reason given by consumers who buy through an
agent would be difficult for the direct carriers to match:
 I like having a real person who I can visit with or call—39%.
Followed by:
 I have always used a local agent—31%
 The local agent quoted me the best price—28%
 I wanted a local agent from one company to help me with all my
insurance needs—25%
 Recommended by a family/friend—23%
Based upon this research, as well as
comScore’s additional finding that 81% of
the consumers who use an agent find their
agent to be valuable, it is no wonder
consumers insuring through an agent are
more loyal than consumers who use a
direct carrier (70% of online purchasers
are seriously considering changing their
insurance company, compared to 50% of those with a local agent).
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While most agency clients value the relationship they have with their
agent, their loyalty goes only so far. Client shopping has hit
unprecedented levels, even for agency clients, as every independent
agent knows. In addition, as consumers get more comfortable doing
business online in other areas, they are increasingly willing to try new
distribution methods for insurance as well. For example, in 2011, the
percentage of agency clients “not likely” to consider using a
distribution method other than a local agent (online, toll free number)
was down to 25% (versus being “likely” or “neutral”); the “not likely”
percentage having been 34% in 2009.
Communicate Pro-actively & Regularly with Clients
A major way for agents to keep clients loyal to them is to
communicate with them regularly. When agents interact with their
clients often (monthly) or even rarely (a few times a year), the
percentage of clients “not likely” to consider an alternate distribution
method rises to 26-27%, whereas if the agent never contacts the
client, the percentage “not likely” to consider another distribution
method drops to 17%.
Similarly, J.D. Power & Associates found in its research that day to day
policy service interactions “most influence a customer’s overall
satisfaction with their insurer, and hence their likelihood to both
renew their policy and recommend their insurer to others. One
would expect this finding to apply equally to the client’s satisfaction
with the agent.
Agencies should use each pro-active outreach to clients and each
service interaction to communicate and live the agency’s “brand” to
reinforce it with their clients. Every agency employee should be
trained to clearly articulate the agency’s special “value add” succinctly
and to understand what “living” the brand entails.
Agencies will strengthen their client relationships in this way, as well
as counter the direct carriers’ efforts to neutralize the agent’s value
proposition. The direct carriers understand that many consumers
want to deal with a real person in certain situations. This is why
GEICO has appointed employee agents in various areas and Esurance
has introduced an advertising campaign touting the availability of a
person when wanted to supplement the online options it offers.
Offer the Communications Options Clients Want
One of the major findings of the research is that clients are now in the
driver’s seat and they increasingly expect their agent and carrier to be
able to interact with them via the channels they use in everyday life.
We have seen that this means that direct carriers offer some option
for consumers to deal with a “real person.” For agencies, it means
supplementing their personal client interactions via phone and in
person with increasingly robust online options including email, website
portals and social media.
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
Most agency clients still want to talk with the agent when the issue
1.
involves counseling, such as policy coverage, obtaining a quote, adding
or changing drivers or cars, price changes and billing inquiries.
However, there are certain routine transactions where most agency
customers’ first preference would be do to do them online such as to
make a payment (45% online vs. 31% talk with agency), update contact
information (43% online vs. 36% talk with agency), order insurance
cards (41% online vs. 37% talk with agency); and with verify payment
2.
receipt, agency customers’ top two preferences do not even include
talking with the agency (33% online vs. 30% by email).
It is important for technology providers, carriers and agencies to work
together to respond to these changing client preferences by
developing agency website portals that provide customers with these
online servicing capabilities. Enabling clients to make payments to the 3.
company through the agency portal should be the first priority, given
that online payments constitute 44% of overall consumer online
servicing visits.
4.
As agencies increasingly offer online quoting and make sales by phone,
it is also time for them to begin to offer their clients the convenience
of using e-signature tools for required applications and other signed
documents. Currently, 87% of all online auto insurance purchasers
using other distribution systems have been able to sign all required
documents electronically.
5.
Growing Agency Client Interest in Other Online
Communications
Email is second only to calling as agency clients’ preferred method of
contact to the agency, beating out visits to the office. 77% of agency
6.
customers send or receive emails with the agency. As might be
expected, greater percentages of younger clients (18-34 years) use
email as their first method of contact with the agency.
While the trend to use social media for business purposes is still
emerging, 20% of 18 to 24 year olds would have an interest in
interacting with their agents via a social media outlet like Facebook or
Twitter. This level of interest contrasts with that of agency clients
overall, where 86% express not being interested in interacting with
their agents in a social media context. One wonders, however, if this
overall interest level will change when consumers start to use social
media more regularly in their daily lives and begin to see how valuable
consumer information can be conveyed to them by their providers.
Another emerging trend is for consumers to use their mobile devices
to access business accounts. As of 2011, 12% of consumers with the
mobile capability to do so have accessed an insurance site via their
mobile browser, while 10% accessed an insurance site via an app. Only
9% of insurance consumers have used text messaging to communicate
regarding their insurance.
With regard to those who have used a mobile device for their
insurance, the top functions used in descending order have been to
pay a bill, access the insurance policy, text or chat with an agent, find
the nearest insurance agent or office, update personal information,
find useful tips or tools, find the agent’s contact info, receive an
insurance quote, change coverage, limits or deductibles, receive policy
alerts, track a current claim, and report an accident.
Sell convenience as part of your agency’s value proposition. As
discussed above, most of the shoppers that buy from a direct
carrier do so because they believe the online approach is more
convenient, when in fact independent agents can shop multiple
carriers and take care of servicing needs with a simple phone call
or comparative rating portal, along with providing professional
guidance at the same time.
Bundle auto insurance with a quality property insurance product
and provide the discount. Many direct carriers cannot offer
consumers comparable property products. Also, 25% of
non-bundling consumers said they did not even think about using
the same company for multiple policies. In addition, 52% of
non-bundlers said they would consider switching to the same
company if they received a bundling discount.
Sell renters insurance. 27% of consumers rent rather than buy a
home and that percentage is likely to rise in the aftermath of this
tough economy. Many renters are currently uninsured, since they
represent only 14% of those with property insurance.
Understand that buying a new or used car triggers a lot of
shopping by consumers. Next to looking for a lower price, buying
a new or used vehicle is the most common reason for shopping
and 33% of vehicle purchasers shopped their insurance and chose
a new insurer. 53% of these shoppers who switched carriers were
agency customers (and may or may not have stayed with the
agent).
Offer clients the option for pay as you drive insurance, if you have
it available. Of the 25% of consumers who have heard of this type
of insurance, 55% said they would “definitely” or “probably” be
interested in purchasing it.
Point out the coverage enhancements and optional coverages that
your various carriers offer and ascertain which are most
important to your clients. This reinforces the benefits of having a
professional advisor in your client’s mind and debunks the myth
conveyed in most direct carrier advertising that personal lines
policies are commodities, where only price and convenience
matters.
Creating a Strong Online Presence
The consumer research discussed above provides valuable guidance
on how independent agencies can reshape and refocus their personal
lines operations to respond to changing customer expectations and
preferences.
The challenge remains, of course, that the independent agency has to
be able to get the attention of the increasingly online consumer as a
first step, in order to convey its value proposition and the better
experience it can provide. I believe independent agents finally have the
technology tools available to them to create a strong online presence,
particularly in their local communities, along with the needed tools to
process personal lines business very efficiently.
These technology tools create the time needed for agency employees
to reach out to clients to bolster relationships, protect renewals,
cross sell and attract new prospects. Finally, agencies now have the
tools available to enhance online marketing and service—more
effective websites, agent portals for consumers to obtain online
comparative rates, free local search and social media sites.
Author: Jeff Yates—Executive Director of the Agents Council for
Technology (ACT), which is part of the Independent Insurance Agents
& Brokers of America.
Additional Strategies to Grow Personal Lines
The consumer research points to additional ways in which
independent agents can attract online shoppers and take business from ACT’s website is www.iiaba.net/act. This article reflects the views of the
author and should not be construed as an official statement by ACT.
the direct carriers. Consider these possibilities:
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 5
September / October 2011 Edition
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
by Chris Burand
How much wood would a woodchuck chuck if a woodchuck could chuck wood?
Or for agencies, how much production could a producer produce if a producer could produce?
his is neither a rhetorical, nor a cynical question. It is a
serious question. The answer to which a huge proportion of
agency owners and managers have neither good answers nor
expectations.
A few months ago I gave a speech on this subject. An agency owner
came up to me during a break and asked to clarify something I said.
He said, “So, you’re saying a producer needs to generate at least
$150,000 just to break even in the best case scenario?” I said that in
the best case scenario, $150,000 commission might be break even.
His response, “$150,000 commission? I thought you meant $150,000
premium! Hah! $150,000 commission isn’t possible in five years or
even 10 years. It took me 20 years to build a $150,000 commission
book! Your standards are ridiculously high!”
More recently, an agency owner told me he was “proud” of his
producers who, on average, had 10 years of experience and wrote
only $150,000 each. That is far below the norm and yet it is far
better than what the owner in the previous example thought
possible.
According to the new Producer Profile by the National Alliance
Research Academy, the average commercial producer has between
$300,000 and $350,000 commissions. It varies by age, location,
experience, agency size, and other factors, but the overall average is
$300,000 to $350,000. Should an agency owner be proud of
producers who are not even doing half of the industry average?
So how much production can a producer produce if a producer can
produce? Before going further, let me clarify the question by stating
that it does not matter how much new business a producer
generates. New business only matters relative to retention, so both
metrics combined or a net new measure can be used.
Another agency owner expects all of his experienced producers
to grow their books by at least $50,000 annually, even in this soft
market. The producers are
doing it, too. These
producers’ books all exceed
$500,000 commission. How
much can a producer write at
$50,000 net new annually
before reaching a reasonable
capacity? Well, if the average
is $300,000, then on a normal
curve, good producers should
achieve $500,000 without
much stretch.
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Agency owners like the gentleman who thought $150,000 is
unrealistic are really saying, without realizing it, that they know their
producers can’t produce. So the question is no longer, “How much
can a producer produce if a producer can produce?” The question
now is, “How much can a producer who can’t produce, produce in
my agency?”
Agency owners are often defensive when presented with proof their
producers cannot really produce. They know their producers can’t
produce, but they are not going to admit it to anyone, much less
themselves.
I have even seen owners spend hours trying to dig up research or
calling everyone they know to get someone to tell them their
producers are OK. Every reader knows that if you call enough
people, especially company people who want your production, you
will eventually get someone to tell you that your producers are
good, even if they are not. For some reason, many agency owners
desperately prefer to maintain denial.
This behavior is rampant in this industry. Can you think of any other
situation (other than government) where someone would say they’re
proud of producers producing less than half normal? Is an NFL
running back getting 50 percent fewer yards than average going to
last long? Is an outfielder batting .125 going to last long? Is a CEO
who continually fails to grow his firm and/or loses money going to
last long? How many people in other sales professions last when
their sales are less than half normal and not even improving? How
many other managers are going to defend, like a wild female animal
protecting her offspring, sales people who barely get to 50 percent
of average as successful?
These producers just may be in the wrong job and/or the agency is
doing a horrible job of managing their sales effort and training. If it is
the former, why defend someone who is failing in a job they should
not be in anyway? If it is the latter, then the agency should fix it. If
they really are good producers but their numbers just don’t show it,
management should be able to fix it.
So if you know your producers are not making the grade, what are
your emotions? Are you angry at me, the author, for suggesting
unrealistic expectations? If so, chances are, you’re either in denial or
your agency is mismanaged.
If you are reading this and recognize $500,000 is feasible if your
producers really can produce, then what are you doing about it?
When I say that $500,000 is feasible for a good producer, I am not
implying that all producers have to be good. If you have a bunch of
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
“B” producers all doing $350,000 to $450,000 of their own business,
you are in far better shape than most of your competition (excluding
large agencies and brokers). But if your producers are all average or
worse and you know it, what is the agency’s true future without
improvements?
“How much can a producer
who can’t produce, produce
in my agency?”
Are you reading this thinking that your producers are good
producers but they haven’t been given a truly fair opportunity
because the agency lacks a true sales management culture? Then it’s
your job to fix this, which is easier said than done. But every
solution starts with one small step. What is the first step to fixing
this? Even if fixing sales management is overwhelming, remember, by
doing so you have a huge competitive advantage over all your
competitors who are still sticking their heads in the sand and denying
reality!
If your producers really can’t produce, are they really producers? If
not, why continue to employ them? If your producers really can
produce, how much can they really produce if you have good sales
and management and high, though realistic, expectations and goals?
Author—Chris Burand, President of Burand & Associates LLC, an
insurance agency consulting firm.
NOTE: None of the materials in this article should be construed as offering
legal advice, and the specific advice of legal counsel is recommended
before acting on any matter discussed in this article. Regulated individuals/
entities should also ensure that they comply with all applicable laws, rules,
and regulations.
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 9
September / October 2011 Edition
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 10
September / October 2011 Edition
The Senate Committee on Banking and Urban Affairs passed
the “Flood Insurance Reform and Modernization Act” to
reauthorize and reform the financing of the National Flood
Insurance Program (NFIP). The NFIP is set to expire at the
end of September unless Congress acts.
The legislation would extend the National Flood Insurance
Program (NFIP) for five years and make much needed
reforms to the program. The bill now goes to the full Senate
for consideration.
The Senate “Flood Insurance Reform and Modernization
Act” includes a five year reauthorization of the program and would
forgive its $18 billion debt. It would also permit rates to rise by 15
percent a year in order to reach their actuarially-indicated levels that
reflect the true risk of flooding. Currently, rates can’t go up more than
10 percent a year. The program would be required to build up and
maintain a reserve fund. It also phases out subsidies for many
properties, provides for greater enforcement of the mandatory
purchase requirement, provides for a transition for properties newly
mapped into a flood zone, and includes important studies of ways to
modernize the program so as to enhance its benefit to policyholders
and increase participation.
The Senate’s “Flood Insurance Reform and Modernization Act” must
The Independent Insurance Agents and Brokers of Arizona (IIABAZ)
met with the Office of Pest Management (OPM) to discuss an issue
regarding certificates of insurance. One of our members had
informed us that the OPM would only accept their department’s
internal certificate of insurance and refused to use the ACORD form.
We were concerned that the OPM’s policy would interfere in agents
being able to find insurance coverage for their small herbicide
businesses and in doing so, put the businesses license at risk.
Our organization explained that the OPM certificate could not be
accepted by admitted carriers (BECAUSE OF THE REQUIREMENT
THEIR POLICY FORMS AND ENDORSEMENTS BE FILED WITH
THE ARIZONA DEPARTMENT OF INSURANCE) and that our goal
was to make sure no businesses were trapped in a situation where
they could not get licensed due to not being able to get carriers to
sign off on the OPM certificate.
Apparently the OPM had issues in the past with certificates being filed
that did not reflect the actual policy and certificates being filed from
insurance companies not licensed in Arizona. We clarified that
ACORD forms do not and cannot change the actual policy, so if it is
different than the policy, the agent would be prohibited to complete
the ACORD form without jeopardizing their insurance license. We
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still be considered on the full Senate floor, and at this time that
consideration has yet to be scheduled. The House passed H.R.
1309, the “Flood Insurance Reform Act of 2011,” before the
August recess. Once the Senate passes its legislation the
House and the Senate will still have to reconcile the
differences between their two bills. For example, the House
version similarly tries to get to actuarially sound rates but
would let rates go up as much as 20 percent a year. It does
not, however, forgive the NFIP’s debt as the Senate proposal
would do.
Our National office has been working tirelessly on this issue.
“The Big ’I’ very much appreciates the Senate Committee's work on
this legislation upon their return from the August recess,” says
Charles Symington, Big “I” senior vice president of government affairs.
“With almost exactly three weeks left before the expiration of the
NFIP, we urge Senate leadership to quickly bring this bill to the full
Senate floor for consideration to allow both the House and Senate
enough time to reconcile their two bills. We are now closer to
achieving a long term reform and extension bill than at any point
in recent memory and we are hopeful that the House and
Senate will finally push this over the finish line.”
Article contributed by Russell Reiten—Government Affairs, IIAB of
Arizona. E-mail: [email protected]
also went in to detail on why an ACORD form was
required and OPM certs could not be used in the
admitted market. After some discussion they seemed
to have a better understanding of the issue and we
discovered herbicide companies that use a container of 8 gallons or
less does not have to get a license.
At the end of the meeting the OPM told us they plans on proposing
legislation that will help clarify the 8 gallon exemption since they feel it
is poorly worded. They also want the legislation to address any
concerns we might still have regarding certificates of insurance. The
OPM gladly agreed to work with IIABAZ on the language so we can
ensure it meets everyone’s needs. Russell Reiten will be staying in
contact with him and will be the point person on this issue.
Some win-win situations arose from this meeting in that we can be at
the table with new legislation that would benefit our members. The
meeting was very beneficial for our members and has brought us
much closer to resolving the issue with the Office of Pest
Management certificate.
Article contributed by Russell Reiten—Government Affairs, IIAB of
Arizona. E-mail: [email protected]
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 11
September / October 2011 Edition
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
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September / October 2011 Edition
Each year, a group of exceptional insurance professionals are chosen by
The National Alliance for Insurance Education & Research in
Austin, Texas to represent their states and compete to become the
National Outstanding CSR of the Year. This award, regarded as the
foremost national award of its kind, recognizes the contributions and
commitment of those who serve clients within the insurance industry.
The 2011 Arizona winner is Suzette Toole,
from Lapre Scali and Company. Suzette
works in their Lake Havasu City office. This is
the second straight year that the state winner
comes from Lapre Scali.
Additionally, entrants must have demonstrated commendable service
to their agencies, their industry, and their community. The only
eligibility requirement for this award is that the candidate must be an
insurance customer service representative, or have primary
responsibility for insurance customer service duties.
“The Outstanding CSR of the Year Award is an opportunity to
recognize exceptional customer service representatives across the
nation,” said Danielle Janecka, senior vice president of The National
Alliance. “Each of our state winners demonstrated through their
essays how willing they were to make any new technology a tool for
effective and personal service—just the way their customers prefer it.”
To qualify for the top state honor, each of the Each of the state winners are eligible to compete for the national
2011 candidates submitted an essay on the
award given by The National Alliance. The award is $2,000 cash, a gold
following topic:
and diamond pin, $1,000 cash for the nominator, and a scholarship for
the recipient’s employer to any program offered by The National
“Many insurance service professionals believe that their personal
Alliance. The name of the Outstanding CSR of the Year is inscribed on
relationships with clients may be threatened by agencies’ and
a sculpture permanently displayed at the national headquarters of The
companies’ efforts to use more technology, such as the internet,
National Alliance for Insurance Education & Research in Austin.
instant messaging, and automated systems. Discuss four courses of
action(s) that a CSR, Account Executive, or Account Manager can take Suzette received a framed certificate as the Arizona state winner at the
to preserve and/or enhance relationships with clients and/or companies Arizona Industry Awards breakfast on August 25th, preceding the 77th
while continuing to utilize and benefit
Annual Big “I” of Arizona Convention and Trade Show.
from current technologies.”
The National Winner will be chosen sometime in late September.
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 13
September / October 2011 Edition
A legendary insurance company name is back in the headlines after a nearly 10 year hiatus.
Unitrin, Inc. (UTR) proudly announced its
new name — Kemper Corporation —
effective August 25, 2011 and began trading
on the New York Stock Exchange under
KMPR ticker symbol that day.
“Kemper is a legendary name in the insurance
industry, and it offers an opportunity to
create a unified brand for our family of
companies and a strong platform for
continued growth and expansion,” sand Don
Southwell, Chairman, President and Chief Executive Officer.
While the company name will change, the commitment to customer
service will remain strong. The company’s subsidiaries work through
about 10,000 independent agents and 2,600 career agents who know
the company’s products and understand how to find the right fit for
a wide array of customers.
Customers who choose to purchase their insurance directly online
can do so via Unitrin Direct or iMingle®, and industry first that uses
social networking to enable customers to link their policies with
friends.
“We view our rebranding as an investment in the company,” said
Dennis Vigneau, Senior Vice President and Chief Financial Officer.
The company purchased the Kemper personal lines business in 2002, “Over time we expect to see benefits in terms of overall growth and
and this segment now represents the company’s largest business unit increased shareholder returns.”
with just under $1 billion in total earned premiums in 2010. For
marketing purposes, this unit will become Kemper Preferred. The
Unitrin is a diversified insurance holding company with subsidiaries
holding company will incorporate the Kemper name in many of its
that provide auto, homeowners, life, health and other insurance
other business units over time.
products for individuals.
“Since the Kemper acquisition, we have looked for opportunities to
leverage the value of the Kemper brand throughout our
organization,” Southwell added. “When we had the opportunity to
purchase the name outright in mid-2010, we jumped on it.”
In fact, the name change closely aligns with the corporate changes
over the last five years. The company has worked to redefine itself
from a holding company with an eclectic portfolio of companies and
investments to a straightforward insurance provider with more than
$8 billion in assets. Unitrin was established as a holding company
after its spin-off from Teledyne in 1990.
The former Kemper
Insurance building in Chicago,
Illinois, circa 1947.
“The Kemper name fits who we have become as a company,”
Southwell continued. “It allows us to bring together all of our
approximately 7,000 employees under one banner that reinforces
our position as a straightforward company that delivers personal
service and financial excellence in all of our interactions.”
After purchasing the name, the company immediately began a
top-to-bottom study of its brands, to explore how best to use the
name more aggressively. The Kemper brand name, its attributes and
recognition remain strong, with about a 30 percent greater
awareness of the Kemper name over Unitrin among customers
surveyed.
© Copyright
per
Kem
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 14
September / October 2011 Edition
Copyright © IIABAZ
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Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 15
September / October 2011 Edition
National Debt Ceiling
and Other Economic Musings
The country is just starting to deal with the issue of a $14+ trillion debt
Well, the national debt ceiling crises has been averted – at least for a
while. In retrospect, this entire episode means that the country is
really just starting to deal with the issue of a $14+ trillion dollar debt.
Most importantly, this issue will most likely frame the debate for the
2012 presidential election. As expected, the talking heads and
political pundits are discussing the outcome in political terms – who
won, who lost? And, that’s too bad. So while this issue has
everyone’s attention, a national discussion should commence to
really understand the demographic forces that will greatly influence
our country’s ability to deal with its finances.
work have been outsourced. Next month, the last four of more
than two dozen giant steel modules — each with a roadbed segment
about half the size of a football field — will be loaded onto a huge
ship and transported 6,500 miles to Oakland. There, they will be
assembled to fit into the eastern span of the new Bay Bridge. The
assembly work and the pouring of the concrete road surface will be
done in California. California state officials say the state saved
hundreds of millions of dollars by turning to China.
Lastly, in an interview last week legendary investment manager Jim
Rogers said that he is bearish on the U.S. economy and that Japan
First, with longer life expectancies and the still higher than average
had two “lost” decades of economic growth by propping up their
increase in medical costs, programs like Social Security, Medicare and ailing businesses. Rogers also said that the U.S. has now experienced
Medicaid are not sustainable based on current and future anticipated their first “lost” decade and that we should learn from Japan’s
revenues. Further, our economy continues to lumber along with
mistakes or we will follow them.
anemic growth. Just last week the Gross National Product (GDP)
data was released (including a downward revision of first quarter
So where does all this leave independent insurance agents? It
2011 GDP to just 0.4% and second quarter GDP growth of just
requires each agency needs to develop a strategy for dealing with
1.3%).
stagnant economic growth which means that while workers comp
rates may firm, payrolls may not pick up. And, that Americans will be
To make matters worse, unemployment remains stubbornly high –
hanging on to their cars longer (lower auto insurance premiums) and
above 9% - in what is being termed a “jobless” recovery. As the
that for the most part, housing values will not rebound to a
second quarter corporate earnings season winds down it is quite
significant degree in the near future (although replacement costs will
apparent that for the most part the S&P 500 companies’ earnings
continue to go up as the dollar remains weak and commodity prices
are healthy - but it is due to their profits from their international
continue to rise).
business. So U.S. companies continue to hire abroad due to lower
labor costs and the fact that their global customers are growing and Essentially, agency principals need to consider what their agency
U.S. companies want to be located near their customers.
needs to do (regardless if the market does start to harden) and it
starts with defining their target markets and then devise (and spend)
Continuing with some pessimistic economic news, The Wall Street
funds on an aggressive marketing plan. Many have heard the
Journal’s analysis of the pharmaceutical industry indicates that due to expression that “a rising tide lifts all boats”. The converse of that
expiring patents some 50,000+ good paying jobs were lost in 2010,
observation is that in a stagnant or declining economy, the aggressive
and Merck announced job reductions of up to 13,000 jobs on top of firms will take market share – because it’s a zero sum game – from
the 17,000 job cuts that they had previously announced. Even badly
less aggressive competitors. The latest example is Barnes & Noble
needed infrastructure projects like the Golden Gate bridge repair
and Borders book stores which filed for bankruptcy protection
last week. Barnes & Noble adapted to evolving consumer reading
preferences by promoting eReaders like the Nook. Borders failed to
capture this market and that was the final straw in a series of
management errors.
While the U.S. economy has shown amazing resilience over the
years, it will take bold measure by entrepreneurs to ensure their
companies success into the future. Now is the time to look at
emerging consumer preferences and position the agency to meet
those shifts – embracing technology and social media to stay ahead of
the curve.
Construction of the eastern span of the new Oakland—San Francisco
Bay Bridge.
© Copyright
Author: Dave Evans—Trusted Choice®
Executive Director
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 16
September / October 2011 Edition
Almost every personal lines policy uses the term "resident" somewhere in the form. A "resident" relative usually has coverage that is
broader than any other class of insured except for the named insured(s). However, few (if any) policies define the term "resident." In
this article, we'll take a look at how the courts have evaluated residency.
Yes, almost every personal lines policy uses the word “resident”
somewhere in the form. The problem is few (if any) policies define
what the term “resident” actually means. For example, the term
“family member” is defined in the personal auto policy as “…a
person related to you by blood, marriage, or adoption who is a
resident of your household.” Having status as a resident often is the
key to having coverage under the policy.
Lacking a policy definition of “resident,” court cases provide valuable
insight into interpreting the term. I recently spent the better part of a
day on the Internet reading court cases dealing with residency. Since
few people would find that as interesting as I did, I’ll mention a few of
the cases that were of interest.
In the Oregon case of Waller v. Auto-Owners Insurance Company,
the 17-year-old daughter of an insured moved from Florida to Oregon
to attend college. She rented an apartment in her name and her
father’s name, represented that she lived in Oregon for the purposes
of getting an in-state tuition rate, opened a bank account in her name,
obtained utilities in her name, and obtained an Oregon driver’s license.
The daughter also maintained a bedroom in her parent’s home in
another state and some of her possessions remained there. She had
never expressed the intent not to return to her parent’s home after
college, being unsure of her plans after graduation. After being injured
in an auto accident, she claimed residency with her parents, seeking
$1,475,000 in underinsured motorist coverage from her parent’s
policy. While the trial court sided with the insurance company in
denying the claim, the appeals court ruled the trial court had erred in
its decision and the case was sent back to the trial court.
as owners of the house and William as owner of the dog. Richard
claimed residency under his parent’s policy but, lacking any evidence
that William resided with his parents, coverage for the $2.3 million
verdict against William was denied.
As the above court cases demonstrate, determining residency is a
complex task involving numerous issues. Each situation is unique and
there is no “cut and dry” method to determine residency status.
While courts tend to view coverage in favor of resident status (even
when it appears there is sufficient doubt as to the status) the safe
course of action is to gather all the facts and present the situation to
the company for a coverage interpretation prior to the claim. As
always, document answers given by the company for future reference.
Note from the Editor: Below are some other court cases dealing
with the issue of residency under both HO and PAP policies
What Constitutes "Residency"?
During the eleven years after moving out of his parents' home
following high school graduation, the defendant had worked and lived
on his own, married, and played professional hockey. Divorced and
unemployed, he moved back in with his parents at age 29, although he
"spent a lot of time" at his new girlfriend's house. The Supreme Court
supported an appeals court citation of three circumstances found by
the Wisconsin Supreme Court to determine residency in a household:
(1) living under the same roof, (2) a close, intimate and informal
relationship, and (3) when the duration of residency is likely to be
substantial such that it is reasonable to conclude that the parties
would consider the relationship in procuring insurance and in their
reliance on it to protect them. Since the Minnesota Supreme Court
In the Ohio case of Prudential v. Koby, a 32-year old captain in the
found no conflict between these standards and Minnesota law and
U.S. Army was ruled to have held dual residency at his home as well as upheld the son's status as an "insured" under the contract. (State Farm
that of his parents. The court stated, “…there was no requirement
Insurance Company v. Short, et al., Minnesota Supreme Court, 1990.)
that, in order for a person to be a resident of the named insured’s
household, such residence must be the sole or exclusive residence of
Dual Households
the person.”
An insured was divorced from his wife and she
was awarded sole custody of their son,
In the Florida case of Progressive v. Wesley
although the insured had extensive visitations
a child was killed in an automobile accident.
rights and maintained a space in his home for
At the time of the accident, her parents
his son's frequent visits. The son was killed
were divorced and the father was awarded
while riding in his mother's car and the father
primary custody of the child; however, both
sought recovery under the UM/UIM
parents shared parental responsibility. The
provisions of his auto policy on the basis that
child kept a room at the home of both par- his son was a "family member" under his policy. The court found
ents. Arguments were presented on both sides showing how the child coverage on the basis that the policy did not preclude an insured from
lived with one parent. The court said, “Either determination of [her]
being a resident of more than one household (American Family
residency would be reasonable. We must accept the interpretation
Mutual Insurance Company v. Thiem, Minnesota Supreme
which would favor the insured.” Coverage was afforded under the
Court, 1993).
policies of both parents.
Author: David Thompson, CPCU, AAI, API—Instructor
In the Florida case of Philbin v. American States, Richard and
for the Florida Association of Insurance Agents
Rosemary Curtis owned a house and leased it to their son, William,
who was the sole resident of the house. Richard and Rosemary owned
Article provided by IIABA Virtual University “Ask an
another home and lived in that home full time. A pit bull dog owned
Expert”, which you can find at http://www.iiaba.net/
by William attacked plaintiff Philbin, who sued Richard and Rosemary
iseprise/EpriseFilterExt.dll/main/VU/Lib/Ins/PL/
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 17
September / October 2011 Edition
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 18
September / October 2011 Edition
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 19
September / October 2011 Edition
For whatever reason(s), some carriers are more willing to write
business auto liability coverage under Symbols 2, 8, and 9, rather
than Symbol 1. Recently, we received an "Ask an Expert"
question from an agent who's BAP insurer insisted on Symbols 2, 8
& 9 saying, according to the agent, that they were equivalent to
Symbol 1. What do you think...are these essentially the same?
According to our Business Auto Policy gurus, NO!
Symbol 2, 8, 9 does not equal symbol 1. Symbol 2 is for owned
autos. Symbol 8 are for those autos you hire for use in your
business, and Symbol 9 are those non-owned autos you borrow for
the course of your business. Symbol 1 covers “any” auto. Scenario:
A client calls you to come see him. When you get to the front door,
a salesperson has parked his car behind yours and you ask him to
We were discussing auto symbols - Specifically - Is there any 'real'
difference in coverage for an insured if auto Symbol "2, 8, 9" are used move it so you can go to your appointment. He tosses you the keys
and says you can move it. It's a new Corvette and you decide to
in lieu of auto Symbol "1"? Many agents have become almost
move the car. You back out into
dogmatic on getting auto Symbol 1 for their customers. We feel we
the street into the path of an
may be doing a disservice in that it could, in effect, eliminate the use
oncoming truck which hits you and
of a very good market, both price and AM Best rating wise. Thank
totals the new Corvette and, in
you for your input.
turn, causes the truck to hit yet
another vehicle before coming to a
This issue has been debated for years. While, in most cases, Symbols
stop inside a flower shop next
2, 8, and 9 are effectively equivalent to Symbol 1 for liability
door. Is the Corvette owned? No.
coverage, because Symbol 1 applies to "any auto," it is quite
Was it a hired vehicle? No. Was it a non-owned vehicle or
conceivable that a claim could happen that would be covered by
borrowed vehicle that you used in the course of your business?
Symbol 1, but not by a combination of Symbols 2, 8, and 9. Below
Maybe not. Symbol 1 would cover this loss...2, 8 + 9 probably would
are some of the thoughts of our BAP faculty.
not.
There is a difference: vicarious liability. Symbol 1 covers any auto
which gives rise to liability for the insured, including vehicles over
which the insured has no control, such as a sub's employee's car at a
job site. Symbol 9 (Non-Owned Autos) only covers those autos that
are "used in connection with your
business." The sub's auto may or may
not be considered such.
Some underwriters say they don't like
Symbol 1 because the CGL covers this
vicarious liability, and this is duplicate
coverage. The CGL may cover some of
these claims, but the BAP coordinates
with the CGL by stating (Other
Insurance) that, if the company covers
the claim under more than one form,
the company will only owe the higher
of the two limits.
Since Symbol 1 covers any possible auto liability the insured might
have, I strongly urge agents to go for it.
I would say the difference falls somewhere within the words “that
are used in your business” in the Symbol 9 definition. Symbol 1will
cover a non-owned auto that is not used in “your” business,
however strange such a claim might be. Here is a pretty good article
from on this:
http://www.mynewmarkets.com/article_view.php?id=100811
© Copyright
Dissenting Opinion: I disagree with the scenario involving the
Corvette - I think a solid argument can be made that, since he was
moving the car to pursue a business purpose, and would not have
moved the car otherwise, clearly his use of the Corvette is a
business usage.
Here's an actual case, although all the facts may not be completely
straight, where symbol 1 covers but 2, 8 & 9 miss the boat:
Company A, in FL, has some truck-tractors. Buys a new one and is
selling one of the old ones. Company B, from out of state, comes
down and buys it. Money exchanges hands with a bill of sale, but title
remains in the name of Company A until the vehicle reaches the
destination point. On the way, Company B has an accident in the
tractor and kills someone. Family sues everyone including Company
A because their name was on the title. While Company A may not
end up getting stuck with any liability, there is the cost of defense.
Symbol 1 does the trick.
Dissenting Opinion: If the entire basis of liability is the title, then
you'd have to say Symbol 2 applies, since the allegation is that
company A is still the legal owner and thus liable. Since that is the
basis for the liability, the BAP would have to defend the claim.
It is somewhat analogous to the difference between "all risk" and
named peril. Symbols 2, 8, and 9 are defined autos. Only those are
covered. It is conceivable that the auto of a sub or independent
contractor that is not owned or hired could be used in the insured's
business and for which the insured could become vicariously liable.
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 20
September / October 2011 Edition
If a difference was not implied, why do we have the number 1
symbol?
matter. As I see it, that car is hired
or borrowed by ABC from Bubba.
With symbol 1, if ABC is sued we
Dissenting Opinion (kind of): I disagree with the "if 2 + 8 + 9 = 1, clearly have coverage. With 2, 8, and
why would we need 1" logic (although I agree they're not the same). 9, I don't think we do. It isn't owned,
Kind of scary how many times you hear that mentioned as an
so 2 won't cut it. While it's a
argument. A good example of looking at the way things are and then non-owned auto to ABC, 9 says it
trying to backtrack into a logical explanation...beware logic in policy can't be hired or borrowed by ABC.
interpretation! The simple fact is individual "niche" symbols are
So you're left looking at 8, which
created for specific purposes, but that doesn't mean there shouldn't excludes employee vehicles as
be comprehensive symbols to make other risks easier to cover. Why mentioned above. So, even with
doesn't anyone argue there is no point to Symbol 2, since isn't it
"new math," 2+8+9 does not equal 1.
really just 3 + 4? A better way to look at it is to say 1 and 2 are the
only symbols you really need, and the rest are created as subsets for AGREE
use in specific situation where neither 1 or 2 can apply. And this also An insured rents an auto from an employee. I think the situation was
recognizes that you can create additional symbols as needed, from
a florist. During the week of Valentines, they had a couple of
10 on up.
weddings and a funeral, and just didn't have enough vehicles. So the
owner rented an employee's van for the week. The way I read
Symbols 8 & 9, I don't think either would cover this situation. Thus,
only Symbol 1 would cover.
There is an exclusion
hidden in Symbol 8:
DISAGREE
borrowing a car from an
No. Symbol 9 goes on to include autos owned by employees and
employee. My company car used in the business.
breaks down. I borrow a
fellow employee's car for a DISAGREE
business trip. Named
Sorry, I can't agree with you. I believe there is sufficient proof of the
Insured gets sued for
drafters' intent to cover ALL employee autos used in the insured's
vicarious liability arising out business by virtue of the second sentence in the Symbol 9 definition.
of an accident. When
If nothing else, they have created an ambiguity that must go in the
Symbols 8 and 9 are analyzed, you can see the gap. Symbol 8 does
insured's favor. If they had wanted to exclude autos borrowed or
not provide the Named Insured coverage for borrowing an
hired from employees, then they should have specifically said so.
employee's car. Symbol 9 does not cover hired or borrowed. Symbol Also, even though the rating manual is not proof of coverage or no
1 would cover this claim. I ask this question in class (does 2, 8 and 9 coverage, it could be said that it is further evidence of the drafters'
equal 1?) and have had only a handful of people answer it correctly
intent: you rate non-owned auto coverage based on the number of
over the years.
employees, with no provision to exclude employees whose
autos are hired by the named insured.
Finally, below is a scenario where
one faction of our faculty thinks
there is coverage under Symbol
1, but not 2+8+9...the other
faction thinks there is coverage
under both. In either case, there
is clearly coverage under Symbol
1, while coverage under 2+8+9
might be questionable.
2 + 8 +
9
=
Symbol 1 of course covers any motor vehicles that aren't mobile
equipment. If you use 2-owned, plus 8-hired, and 9-non-owned,
you'd think it's the same as having Symbol 1, but it's not quite the
same. Symbol 8 covers hired autos, but says it does not include, "...an
auto you lease, hire, rent, or borrow from any of your employees or
partners or members of their households."
1?
X
10?
X
O
19
So, assume the employer ABC Flower Shop Inc. asks if they could
use the "extra" car owned by their employee Bubba for a few days to
make deliveries over the Valentines day rush. They might offer Bubba Article courtesy of Big “I” Virtual University’s “Ask An Expert”
a few bucks for the use, or they might not. Either way it does not
column.
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 21
September / October 2011 Edition
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 22
September / October 2011 Edition
“The most traumatic thing ever to happen to me” is how
Robert Douglas Gibson described the fire that wrecked his Middle
Eastern arts store in Tucson, AZ. Arson for insurance money is
what prosecutors called the blaze that did more than $1 million in
damage to neighboring businesses. Gibson allegedly had financial
troubles. The fire also was likely started by an accelerant poured on
the floor and ignited with an open flame, officials say. An arson dog
led investigators to an open metal wall cabinet inside the store.
Numerous containers of flammable liquids were strewn inside and
outside the cabinet and some containers were missing their caps.
homebound himself for
10 years in federal prison.
The seniors were diabetic
and insulin dependent,
many too weak to inject
themselves, so Santos was hired to inject them himself. He forged
hundreds of records showing he injected patients twice a day, seven
days a week. At least two seniors neither needed insulin nor were
homebound. Santos also billed for helping two seniors at exactly the
same time. Santos billed Medicare more than $230,300.
William Craig Miller methodically massacred a family to
prevent the husband and wife from testifying against him in his trial
for burning down his house for insurance money, so said a jury, thus
exposing the Arizona man to a potential death sentence. Miller shot
Steven Duffy and Tammy Lovell and three of their children — all
execution style — in February 2010. Steven and Tammy worked for
Miller’s Scottsdale home-restoration business. Steven helped Miller
torch his home for an insurance payout and Tammy convinced him
to go to the police. Miller had tried to hire four other people as
torches, but all refused. He is already serving 14 years for the arson,
and will be sentenced for the murders later.
A fake insurer sold worthless liability coverage to bars and
nightclubs around the US. Ronald Allen received a stiff five years in
federal prison. Several victims paid claims out of pocket when they
discovered their coverage was bogus, and some were forced to sell
their businesses to cover the claims. The Los Angeles man said he
was president of Universal Pacific Insurance but Universal Pacific was
not licensed in any state. Allen teamed with crooked Houston
agent Gilbert Morgan to sell the phony coverage to Morgan’s clients.
Morgan sold coverage as an “authorized” agent of a legit insurer
even though he was not authorized. The pair continued selling even
after the insurer sent Morgan a cease-and-desist letter. Overall,
Allen and Morgan stole more than $692,000 in premiums. Allen
spent the premium money on himself, including at least $123,700 in
ATM withdrawals. Universal Pacific had no money for claims, and
paid nothing for claims that arose under the policies. Morgan was
convicted in 2008 and still awaits sentencing.
Miami home health-care nurse Armando Santos was paid to
provide skilled nursing to homebound Medicare patients but Santos
stole more than $230,300 with fake billing and will remain
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 23
September / October 2011 Edition
SHOW DECLINING TREND
IN ARIZONA
safety remains a priority for the agency.
“In an age of limited funding, ADOT is
committed to improvements and programs that
make our highways safer, ranging from signs that
are easier to read day and night, new lanes in strategic locations and
working hard to keep the snowplows moving when winter storms
hit our high country,” Halikowski said.
The department says last year’s figure also represents a “significant”
drop from driving-related deaths in 2006, when 1,301 people were
killed on Arizona’s roads. That’s the highest ever recorded in the
state.
The Department of Transportation states that driving-related
fatalities on Arizona’s roads continued to decline in 2010, as
documented in their “2010 Crash Facts” report.
762 people were killed in car crashes in Arizona last year. That’s
down from 806 deaths in 2009 (5.46 percent).
According to ADOT Director John Halikowski, improving highway
© Copyright
The recent data shows that of the driving-related deaths last year, 30
percent were alcohol-related. This is down from 2009 when
alcohol-related fatalities made up 35 percent of all traffic deaths.
Overall Motor vehicle crashes resulted in $2.668 billion in economic
losses to Arizona in 2010.
Article contributed by Russell Reiten—Government Affairs, IIAB of
Arizona. E-mail: [email protected]
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 24
September / October 2011 Edition
by John Chapin
In the world of selling, eye contact is extremely important when both
making a first impression and building credibility. In addition to some
of the obvious aspects of eye contact, there are also some subtleties
involved. So how do you make sure you're making the most of your
eye contact?
Note 2: If you’re talking to someone whom you know is blind in one
eye, has a glass eye, or any other eye issue, focus on the good eye. If
you know they have one of the above issues but cannot tell or forgot
which eye is the problem eye, focus on the bridge of the nose. And
no, people won’t be able to tell you’re looking in their left eye or at
the bridge of their nose, it will simply appear as if you’re looking them
in the eye.
Use eye contact to build credibility, convey trust,
and to accent your point at important intervals in the
conversation.
Eye contact builds trust and credibility and a lack of it will destroy the
chances for either. The best way to convey strong points, such as
closing questions, is to look the prospect or customer directly in the
eye while making your statement. You don't want to be glancing away
at all, and you even want to keep blinking to a minimum.
Look the person directly in the eye as much as
possible.
At the very least, you want to be looking the other person in
the eye the entire time he or she is talking. If you're going to look
elsewhere at any time in the conversation, do it while you are talking.
Even then, keep straying eyes to a minimum. You'll notice that if
you're talking to someone and looking around, they'll start looking
around too; looking elsewhere causes paranoia in the other person in
the conversation. In the best case scenario, the only time you want to
break eye contact is when the other person draws your attention to
something else, or vice versa. As much direct eye contact as possible
during a conversation will help build all the positive feelings you're
looking for.
Look at only the left eye.
In conversation, people tend to look back and forth from one eye to
the other. But this can give people the impression you are
"shifty-eyed." As a result, you want to look in only one eye. Looking
into the left eye seems to get the best results. Why? Have you ever
had an instantaneous connection with someone? You just met that
person but you felt as if you knew him or her forever? That
connection occurred in the right side of the brain, which is the
creative and emotional side of the brain. The left eye is controlled by
the right brain. Will you always have instantaneous connections by
looking in the left eye? No, however, you will have more of them and
you will completely eliminate the "shifty-eyed" feeling some people will
leave with after having a conversation with you.
Note: If you're talking to someone with a "lazy" eye and are having
difficulty discerning which eye is focusing properly, look at the bridge
of the person's nose.
© Copyright
Watch others’ eye contact at important times
in the sales conversation.
Watch the other person’s eye contact during important questions
such as closing questions and qualifying questions. For example, if
someone says, “Geez, I think I can get it for less somewhere else.”
Look them in the eye and ask, “So that’s the only thing that’s stopping
you?” If they say “yes” and look away, off to the side, down, or
otherwise break eye contact as they answer you, you can be sure that
they are not telling the truth. Very few people outside of professional
liars can look you in the eye and tell you an “untruth”. Now that you
know that isn’t the real objection, you can ask more questions to
eliminate this excuse and find out what the real reason is.
The eyes truly are the mirrors of the soul. They will let people know if
you are interested or disinterested, if you truly care or couldn’t care
less, and whether you’re paying attention or off in another world.
Watch the message you send with your eyes as well as the messages
others are sending with theirs. If you make the most of eye
contact, you’ll find that you’ll connect better with people and
make more sales.
About the author:
John Chapin is an award winning sales speaker, sales trainer, coach,
and co-author of the gold-medal winning "Sales Encyclopedia," a
comprehensive how-to guide on selling.
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 25
September / October 2011 Edition
Wouldn't it be great if your agency had a full-time staff member who
was one of the best insurance coverage gurus in the country or an
agency management consultant or a technology expert? What if we
told you that your new staff members were just a mouse click away
and that it cost you nothing in salary and benefits?
As an IIABAz member, you can take advantage of your free access to
the VU by ensuring that each of your agency employees has received
a unique user ID and password. If you don't know your login, email
[email protected] and provide your name & agency information. Visit
www.independentagent.com/vu to learn more.
The Big “I” Virtual University provides members expertise that can
improve your agency operations, sales, service and claims advocacy.
In addition to a rapidly growing library of articles and white papers
and online courses, IIABA's "Ask an Expert" service consists of over
60 individuals from across the country with expertise in agency
management, sales, coverage or technology. IIABA's experts respond
back to members ASAP with answers to their questions. More than
98% of all questions are answered within 72 hours and most are
answered within 24 hours.
Does your customer base include governmental and public utilities?
If not, would you like for your customer base to include
governmental and public utilities? Would you like to be the agent in
your community that writes the city/county government insurance,
the school board, and other entities? Unquestionably, given the
thousands and thousands of political and public subdivisions across
the country, there is a huge marketing and PR opportunity, starting
right in your home town. However, great risk accompanies golden
opportunities. Millions and millions of dollars are at stake and
experts in this area can attest to the potentially catastrophic E&O
exposure associated with insuring public entities. In this Webinar,
you will learn:



How to identify what entities,
boards, commissions, councils,
authorities, and personnel need to
be identified, interviewed, and
named as insureds
What these entities do and what
their activities, responsibilities, and
risks entail on a micro level that is
critical in order to properly risk
management public exposures
Identify what property (including
autos and mobile equipment) is at
risk and why inventory and
depreciation schedules are completely unreliable and serve only
as E&O time bombs (also learn where hundreds of thousands of
dollars in property values are often overlooked)
© Copyright

The pitfalls in risk analysis, valuation, and the resulting Swiss
cheese of coverage exposures that plague many public entity
accounts, from marine exposures to margin clauses and
historical building valuation to meth lab cleanup

Why identifying and treating auto, general, and professional
liability exposures present as great a challenge as property and
crime exposures...discriminatory and civil rights issues, sexual
harassment, police brutality claims, environmental impairment,
governmental immunity, bond issues, and much more.
Join Big "I" Virtual University Bill Wilson, Jim Mahurin and John
Eubank on Wednesday, September 28, 2011 from 1:30 – 3:30
p.m. ET for more information on this important topic. You will need
to log in. If you need help with your log in, please see the previous
article above on this same page.
The $99 registration fee per "seat" is a connection, not per person,
so you can have anywhere from 1 to 100 (or more) people
participate for one low cost. To register, please visit
http://www.mmsend66.com/link.cfm?
r=160982934&sid=15184291&m=1512913&u=IIABA&j=7034511&s=
https://www1.gotomeeting.com/register/436941544
or send an email to [email protected] with questions.
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 26
September / October 2011 Edition
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 27
September / October 2011 Edition
ACORD has at least two documents on their web site that state or
imply that a certificate of insurance "may be used to copy verbatim
information in the policy such as the specific number of days of
written notice." We are aware of at least two instances where
certificate holders have cited these documents in demanding certain
language on the certificate. We STRONGLY encourage you NOT to
do this.
“We have a risk manager who insists that we show 'All
policies contain a provision that coverage afforded by
the policies will not be cancelled without 30 days
notice to certificate holder by return receipt of
registered letter.' We have told him in the past that
ACORD has removed any cancellation details from the ACORD 25
and we will be glad to give him copies of policy forms that detail how
cancellation works. At first he accepted that
but now he points to an FAQ page on
ACORD's web site that he interprets as
ACORD's position that it's OK to add
cancellation language to their certificate.
What should we do???"
This is the second time we've
heard about a certificate holder
demanding cancellation notice
wording on a certificate and
using an ACORD document as
the rationale that this
constitutes ACORD's blessing that the agent
do what is being demanded.
entering cancellation information in this field. It is, though, silent with
regard to the ACORD 101. We believe that the FAQ statement
about entering days of written notice is overly broad and subject to
misinterpretation and potential conflict with state insurance laws,
regulations and insurance department directives, as is apparently the
case here.
ACORD addresses this issue in another document on their web site
[emphasis added]:
A Certificate of Insurance/Evidence of Insurance form includes,
following the “Coverages” section, a field for “Description of
Operations” and/or “Remarks”, and that section, or an Additional
Remarks Section, as well as the ACORD 101 Additional Remarks
Form may be used to copy verbatim information in the policy such as the
specific number of days of written notice. Be
aware that using a certificate or other form
in an attempt to vary policy terms presents
legal risks, including violation of insurance
regulatory requirements, and should not be
engaged in without prior consultation with
insurance carriers, policies and legal
counsel.
PLE
SAM
http://www.acord.org/standards/forms/
Documents/20100628_ACORDFormsNotice.pdf
As you can see, this more precise statement
says that the certificate can be used to copy
"verbatim" the specific number of days of
This is what the referenced ACORD
written notice. We take exception with this
FAQ document says [emphasis added]:
on two counts. First, again this is in conflict
with ACORD's own Forms Instruction
Each Certificate of Insurance/Evidence form
Guide as to what information is appropriate
includes, following the “Coverages” section, a
for the "Description" field. Second, we
field for “Description of Operations” and/or
believe that simply entering the number of
“Remarks”, and that section, or an ACORD 101 Additional Remarks days of notice or a phrase like the certificate holder in question
Form, may be used to include more information about the policy, e.g.
wants conflicts with the second sentence in the notice language
Number of Days of Written Notice.
above:
http://www.acord.org/standards/forms/Documents/
ACORDCertificatesFAQ_201004.pdf
We understand that it is ACORD's form and they can say whatever
they want, but the statement that the number of days of written
notice can be shown in the "Description of Operations" field
conflicts with ACORD's own Forms Instruction Guide which says
that field:
Description of Operations / Locations / Vehicles
As used here, records information necessary to identify the
operations, locations and vehicles for which the certificate was
issued.
As you can see, ACORD's own instruction guide says nothing about
© Copyright
Be aware that using a certificate or other form in an attempt to vary
policy terms presents legal risks, including violation of insurance
regulatory requirements, and should not be engaged in without prior
consultation with insurance carriers, policies and legal counsel.
In this notice language, ACORD says that the number of days can be
show verbatim on the certificate. Our problem with that is implied
by the "Be aware" sentence...you are always in danger of violating
insurance regulatory requirements when you start excerpting policy
language out of context onto a certificate. Some cancellation
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 28
September / October 2011 Edition
endorsements are two pages long and notice of cancellation
invariably hinges on WHO requests cancellation (insured or insurer)
and for what reason (nonpayment or otherwise). How can you show
"30 days" verbatim on a certificate and not effectively be altering
what the policy calls for?
A certificate should be used to provide basic information about
policy forms and limits. It should not be used to paraphrase or
condense (even if verbatim) policy coverages, terms and conditions.
Doing so may violate many state laws, regulations and DOI directives
and is almost certainly asking for an E&O claim based on allegations
of misrepresentation or fraud. Since this can mean, for agents, loss of
Given the rise in certificate litigation in the past few years, we believe license, five-figure fines, and even prison time, it’s dangerous to
that agents open themselves up to claims of misrepresentation if all
suggest that this is a permissible activity.
of the terms of a policy form related to cancellation are not clearly
expressed. The only way to ensure that the certificate holder is
Article courtesy of Big “I” Virtual
aware of all of the conditions of cancellation is to provide a copy of
University’s “Ask An Expert” column.
the cancellation endorsement. Keep in mind too that certificates are
often issued for CGL, auto, workers comp, and umbrella policies and
the cancellation provisions can and do vary significantly, on a
statutory and contractual basis, on each policy. There is simply no
way you can put some kind of abbreviated cancellation statement on Author: Bill Wilson—Director, Big "I"
a certificate and not misrepresent the full impact of cancellation
Virtual University at Independent
notice clauses or endorsements.
Insurance Agents & Brokers of America
Jump start your commercial auto sales by finding out more about
how you can leverage the Travelers Commercial auto product. Join
us on September 28th at 10:00 a.m. to 10:30 a.m. Arizona time for a
learn and chat with Travelers underwriter Claire May and our own
Tom Spires.
Register at https://www1.gotomeeting.com/register/231480680
The American Association of Insurance Management Consultants
(AAIMCO) is proud to announce the publication of “The Standards
& Guidelines for Appraising Insurance Agencies / Brokerages.” This
publication, three years in development, responds to the crying need
for a standard of valuation for the retail and wholesale agency and
brokerage community in the United States and Canada.
For generations, insurance businesses have been generally valued by
the WAG (widely accepted guess) system—
somewhere between a buyer’s and seller’s hope
and expectation of value, with no better basis
than having heard that a range of measurement
(commission, revenue, earnings, EBITDA) has
been used historically to determine value.
Of course the experienced appraisers of insurance agencies and the
most intelligent buyers follow a different and more reliable course in
establishing a value, estimating the future earnings potential of the
agency being valued under the circumstances of the valuation. Then,
for the convenience and comfort of the agents being valued, they
converted the projected earnings potential into whichever multiple
was acceptable to the agent. The value, nonetheless, was the real
value of the projected earnings of the agency in question under the
specific condition of the valuation.
© Copyright
The consultants to AAIMCO, some of the most experienced
appraisers, experts and consultants working in the industry, defined
the “The Standards & Guidelines for Appraising Insurance Agencies /
Brokerages,” combining all of their experience and expertise, in
order to provide guidance for agents, for courts and for future
valuers regarding the proper methods for ascertaining agency value.
Several Big “I” University experts were involved in the process.
There is no magic number, no quick multiple
that can take into account all the vagaries and
differences among the tens of thousands of
agencies in the U.S. and brokerages in Canada.
But each one of them analyzed properly can
be assigned a value based on their reason for valuation. By perusing
and using the Standards of Valuation, anyone may understand why
the same agency may have different values under different
circumstances to the same appraiser and, certainly, different values
to different individuals based on the circumstances of each
buyer or appraiser.
Big “I” members may login to the Big “I” Virtual University’s website
and download their copy of “The Standards & Guidelines for
Appraising Insurance Agencies / Brokerages” at any time at
http://www.iiaba.net/vu
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 29
September / October 2011 Edition
The only thing harder than delivering excellent customer service
consistently is motivating someone else to deliver excellent customer
service consistently. Customers are more demanding than ever.
Professionals are more difficult to hire and retain than ever. Splitting
an atom might be easier than rallying an entire organization to Wow
customers. Yet, some organizations succeed. Four motivation
strategies can help your organization succeed too…one professional
at a time.
Get Excited
Ironically, as managers the first professional to motivate is ourselves. If
we lack motivation, employees will lack motivation. Motivation occurs
from the inside out. If we want to motivate someone, we have to
communicate to their inside. Emotions communicate on a deep level
from inside to inside. This is why one bad apple spoils the bunch. It’s
also why one excited manager can mobilize a team to move
mountains.
Dig Deep
Feigning excitement is impossible because people’s insides come
equipped with an infallible phony-detection system that is always on
and has an amazing range of reception. Are you genuinely excited
about the work your team produces? Whether we manage rocket
scientists or the custodial staff, we need to fall in love with our team’s
contribution. A rah-rah attitude at the staff meeting, ho-hum attitude
everywhere else will quickly be discovered.
Hire Motivated Professionals
It’s easier to hire motivated professionals than it is to motivate
professionals. Experts assert, “Hire smart or manage tough.” A COO
of a healthcare organization I worked with declared, “We only hire
people with “It”, where “It” is a pathological disease to want to serve
people.”
Do you believe that professionals exist who would
revel in the kind of work your team produces? The
answer is…they do exist. However, if we are not
excited about the work our team produces, we will
never attract and hire people who are excited to do
it because like attracts like and birds of a feather
flock together. Consider that Disney esteems
cleanliness. They hire only street sweepers and
house cleaners who delight in cleaning. Result:
Disney parks and resorts are immaculate.
and we assure attention to the highest priorities.
Measurements motivate employees for different reasons. Some
employees are very competitive and thrive on distinguishing their
performance from others’. Some are very competitive and thrive on
distinguishing their own future performance from their past. In other
words, they compete with themselves. And some employees are not
competitive at all. They are very dutiful and focus their energy on
whatever is highlighted for them.
Institute Profit Sharing
Tie the measurement to a reward. An adage predicts, “What gets
rewarded gets repeated.” Robert Bosch- German Inventor,
Industrialist (1861-1942) stated, “I don’t pay good wages because I
make a lot of money. I make a lot of money because I pay good
wages.” If you want to motivate employees even more, reward the
results you reap from measuring.
Sales professionals receive commissions based on their measured
results: sales and sometimes repeat business or renewals. What about
everyone else? A manager of a printing company told me that he
measures wasted paper. He sets a goal for “waste”. If the production
employees meet or exceed the goal by producing less waste, the
company splits the profits with them. My auto service center informed
me that their sales, service, and auto body departments administer
customer satisfaction surveys to every customer. If, together, they hit
or exceed a certain predetermined satisfaction rating, they all receive
enhanced benefits and bonuses from corporate.
Rewards add precision to measurement inspired motivation. If we
want salespeople to simply make sales, we emphasize the first sales
commission. If we want salespeople to create relationships and
long-term accounts, we emphasize the backend commission. By
rewarding team measurements, we can influence internal customer
service in addition to individual service efforts.
Summary
To motivate employees, be an exemplar. Being an exemplar will
enable you to attract and hire highly motivated employees. Focus
employees’ energy through measurement and reward strategies.
Then…listen for the “Wows” to start coming in.
Measure
Are you keeping score? How long does it take, when two people are
hitting tennis balls back and forth, for one of them to suggest playing a
real game? What happens to the level of play as soon as the game
begins? Is your department perpetually warming up, hitting balls
around? Or are you playing for real?
Author: Mary Sandro—Founder of Professional Edge, which helps
Measure something, but make it relevant to your employees, your
organizations improve their customer service, professional skills, and
customers, and your bottom line. Measuring performance biases
hiring accuracy.
employees’ energy like a highlighter biases the eye on a written page.
Highlight too much and we overwhelm. Highlight the essential nuggets Article provided by IIABA Virtual University “Ask an Expert.”
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 30
September / October 2011 Edition
The 77th Annual IIAB of Arizona Convention took place on August
25th at the shimmering Glendale Renaissance, next to University of
Phoenix Stadium. Our annual golf scramble followed just after the
crack of dawn the next morning at the Wigwam Resort in Litchfield
Park.
Despite the record-breaking triple digit temperatures, we had a
tremendous turnout. If you participated in the tournament, or know
someone who did, please feel free to visit the Independent Insurance
Agents and Brokers of Arizona’s Facebook page at:
https://www.facebook.com/media/set/?
set=a.279658742044163.82894.138165509526821.
The Association in conjunction with our many outstanding sponsors
awarded a number of prizes at the luncheon which followed the golf
scramble. On top of the array of raffle prizes, there was also some cash
awards based on performance on the links.
The group that came in third place with a team score of 58 led by Greg
Boots, Grant Parsons, and Todd Hassell.
Second place with 56 went to Wayne Syrek, Brian Ricks, Jason Palmer,
and Robert Hill.
For the second year in a row, first place went to the foursome steered
by Michael Maharaj, and Matthew Zink. Their foursome, 10A, also
included Jim Bogus and Dave Kohler. They shot a collective 55, and
took home the top cash award.
Reported by: Ray Garcia, CISR—IIABAZ Education Coordinator
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 31
September / October 2011 Edition
The Premier Property and Casualty Trade Association
INDEPENDENT
INSURANCE
AGENTS AND
BROKERS OF
ARIZONA, INC.
333 East Flower Street
Phoenix, Arizona 85012
Phone: 602-956-1851
Toll: 800-627-3356
Fax: 602-468-1392
Email: [email protected]
We’re on the Web
www.iiabaz.com
Independent Agents and Brokers of Arizona
2828 North 36th Street
Phoenix, Arizona 85008
Affix Mailing label here
© Copyright
Independent Insurance Agents and Brokers of Arizona, Inc.’s News & Views
Page 32
September / October 2011 Edition