What Your Agency Can Do to Prevent Identity Theft
Transcription
What Your Agency Can Do to Prevent Identity Theft
November/December 2006 GEICO Pulls Misleading Ads Page 3 Home Depot Moves Beyond Hammers and Nails Page 12 Big “I Files Reply Brief in Zurich Case Page 16 What Your Agency Can Do to Prevent Identity Theft November 23-24, 2006 ACT’s latest report provides tips on safeguarding customers’ information. November 30, 2006 According to the Federal Trade Commission, there are approximately 10 million identity thefts annually in the United States, and these thefts cost businesses and consumers an estimated $53 billion each year. Data portability, hackers, dishonest employees and security breeches have all led to the alarming amount of identity thefts, but there are steps agents can take to ensure their customers’ information is protected. According to the ACT report “Protecting Agency Customer Information from Identity Theft,” agents should take the following steps to help prevent the theft of valuable and private information: Common-Sense Precautions to Mitigate Security Threats • No more passwords on sticky notes. Passwords should be kept hidden and private. Agents should note that their carrier agreements are likely to make them responsible if an unauthorized party gains access to the carrier’s systems using an agency password. • Escort your visitors throughout the office. Know your night-time cleaning crew. • Desktops should be password protected and employees should log off of their system when they go to lunch, attend a meeting or leave in the evening. • Secure the office when leaving in the evening. • Keep non-public customer and policy information off of PCs, portable devices and removable media. Encrypt any of this non-public electronic information that leaves the agency office. (See sections below for more details.) • Encrypt back-ups and keep them in a secure place. • Determine if it’s necessary to keep particular types of sensitive, personal information in a system or if it can be pulled from a third-party source when needed. • Consider housing systems and/or back-ups in a hosted data center that has 24-hour security, the latest security technologies, procedures and data traffic monitoring and perhaps even an armed guard. Key Considerations in Setting-Up and Implementing an Agency Security Policy A successful security strategy requires an agency to take proactive steps and implement multiple layers of protection. No single security measure is adequate by itself. Some of the major steps for an agency to consider taking include: • Thinking through and then implementing a security policy based upon an assessment of the specific risks an agency faces. • Developing and implementing written security procedures. • Employee education and training on all of the security risks, the security policy and the procedures. • Conducting security audits by outside experts periodically to identify security “holes.” • Taking specific steps to secure the physical perimeter of the agency, escorting any guests in the office and prohibiting guests from accessing agency systems while in the office. • Implementing password-protected firewalls that protect the perimeter of systems from intrusion by unauthorized persons and viruses. • Diligently managing passwords to ensure that only authorized people gain access to a system, identities are authenticated and terminated employees’ access is immediately Education Page 11 Thanksgiving - IIAB of Arizona’s Offices Closed __________________________________ CISR Conferment at East Valley Local Meeting Landmark Restaurant - Mesa ________________________________________ December 6-9, 2006 CIC Personal Lines Institute, Fiesta Inn - Tempe ________________________________________ December 12, 2006 CISR Conferment at Tucson Local Meeting Viscount Hotel - Tucson ________________________________________ December 25, 2006 Christmas - IIAB of Arizona’s Offices Closed cut off. • Limiting employee access so they only view the information they need. • Implementing the latest versions of antivirus, anti-SPAM and intrusion software on desktops, servers, PCs and other portable devices and continuously updating them. • Auditing employee activity regularly for compliance with the security policy and procedures. • Monitoring systems traffic continuously for unusual activity that indicates a breach may have occurred. • Implementing specific procedures for backups, PCs, home computers, portable devices and removable media. Keep non-public customer and policy information off of these devices wherever possible and encrypt them when they contain such sensitive data. To access ACT’s “The Independent Agent’s Guide to Systems Security” for more details and a sample agency security policy go to: http://na.iiaa.org/ACTDownloads/ACT1031 505.doc (Click on cancel if prompted for password.) Jeff Yates ([email protected]) is executive director of ACT. This article reflects the views of the author and should not be construed as an official statement by ACT. News & Views Page 3 Weaving a Web of Possibility Web sites are becoming more crucial to insurance agents as customers rely on Internet for recommendations. Before the dawn of the Internet, shopping for insurance used to consist of asking family and friends for recommendations or just walking into a local agent’s office. But times have changed and now, rather than rely solely on word-of-mouth recommendations, customers are looking to Web sites for their information, making a strong Web presence a necessity for independent agents. for driveinsurance.com,” says Bill Everett, product development manager and DRIVE online experience manager. “First, it reinforces to DRIVE that we are making the site an effective tool for consumers who want to purchase insurance from an independent agent or broker. And it helps motivate us to keep making the site even better.” “All of these things play an important role in taking a Web site to the next level, but innovation is the most difficult to achieve because it is so illusive, yet very powerful when you get it,” he says. “Once you have that, the rest of the industry is going to try and catch up.” DRIVE, the largest writer of auto insurance through independent insurance agencies in the country, launched its Web site in Dec. 2004. Since then, it has received 2.3 million hits, a statistic Everett credits to the site’s breadth of information. Earlier this year, WMA released its Internet Standards Assessment Report (ISAR), which ranked industries on criteria similar to those used for the awards. The insurance industry had a poor showing ranking in the bottom 15 in most of the categories. (See “Insurance Industry Lacks Dynamic Web Presence” in the “Consumers can go to the sites to find a local April 6, 2006 issue of IN&V.) Rice believes agency that sells DRIVE, get a quote for an agents and the industry would have better auto policy and even send that quote success on the Web if they avoid making one Rice understands what makes a good Web site. electronically to the agency of their choice – of the most common mistakes of Web For 10 years he has been critiquing companies’ the agency receives the quote in the forma of a development. Web sites as part of the WMA’s annual sales lead,” he says. “The site is also our online WebAwards. Earlier this month, WMA portal of DRIVE customers to service their “People think, ‘Oh, I have a Web site’ and then released the winners of its 2006 WebAwards. policies. They can log in to their policy and forget about it. A lot of agents put their Web A total of 2,300 Web sites in 96 categories make a secure payment, report and track a sites up and they have a pretty good look and were scored this year, including several claim, view and print their policy documents feel, but four years later they haven’t done insurance Web sites. Blue Shield of California and more.” anything to improve them,” Rice says. “The fact won the award for Best Insurance Website. that they don’t regularly re-visit it and ask their The website for DRIVE Insurance by The WMA judges scored Web sites for this customers if it’s helpful isn’t going to do them Progressive (www.driveinsurance.com) was year’s WebAwards on seven criteria including: any good.” among those recognized with WebAward’s design, content, ease of use, copywriting, use Standard of Excellence award. of technology, interactivity and innovation. The Michelle Payne ([email protected]) is last of which is the most crucial, according to a Big “I” writer/editor. “We’re delighted to have received the award Rice. “The most important thing agents can understand is that consumers use Web sites today to validate what they are told,” says Bill Rice, president of the Web Marketing Association. “One of the first things people do is check on a person or company’s credentials, so the Web site has to represent the agent in a positive light.” GEICO Pulls Misleading Ads GEICO insurance company, at the urging of Connecticut Attorney General Richard Blumenthal, agreed to pull ads that Blumenthal said were possibly false and misleading. The ad at issue is a television commercial that shows actress/musician Charo appearing with a GEICO customer who claimed that GEICO repaired his car within a few days. also prohibited under Connecticut state law from steering customers to preferred auto repair shops. In a Sept. 13 letter to GEICO urging the company to stop the ads, Blumenthal said the ad could be a violation of the Connecticut Unfair Trade Practices Act. Two days later, in announcing that GEICO had agreed to stop running the ad in Connecticut, Blumenthal said "Ditching this disingenuous ad is a victory for consumers---and a better business practice for GEICO. Blumenthal said that the ads could give consumers the impression that GEICO was actually repairing cars directly. Under Connecticut state law, only entities with a motor vehicle repair license may repair cars. GEICO does not have such a license. GEICO is "This incident should send a message that higher standards in insurance industry dealings are appropriate and necessary," he continued. The Auto Body Repair Association of Connecticut alerted Blumenthal to the ad. This decision by GEICO only applies in Connecticut. It is unknown if the commercial will continue to appear in other markets. For more information, contact Kathleen Graber, associate general counsel, at 703-7065432; [email protected]. Inside this Edition . . . Are Your Piles Piling Up? Page 4 Industry Firmly in the Black Work in Peace! Increase Efficiency! Who to Contact at the Big “I” Big “I” Takes Aim at Federal Regulation Page 4 Page 7 Page 7 Page 8 Big “I” Supports Intangible Assets Bill Page 8 Taylor Proposal Sounds Alarm Bells for Industry Page 8 Education Page 11 Local Author and Insurance Icon’s Book Page 15 Big “I” Files Reply Brief in Zurich Case Page 16 VU Adds Class on Environmental Exposures Best Practices Spotlights Agency Trends Nation’s Top Court to Examine Credit Scoring Page 16 Are They Eligible for Disability Benefits Page 19 Page 12 Page 12 Home Depot Moves Beyond Hammers and Nails Page 12 Trusted Choice Ad Campaign Launches Page 15 News & Views Page 4 Are Your Piles Piling Up? How many piles do you have? How long have your piles been sitting there? Do you really know what is in your piles? Hopefully, by now you know what I am talking about. Yes, it is those mountains behind us that keep getting bigger every day. Those piles of unfinished work that keep on growing. Before waiting for that E&O to happen, we better start doing something about these piles now. Set up a system of keeping track of all work, whether big or small. Enter everything into the system. Manage the system daily. And, finally, do not stop! Setting Up A System We are sure there are lots of ways to set up a system to keep track of each little thing on your desk. Just think about it. We can use the agency management suspense system. We can use a separate program like Microsoft Outlook. We probably do not have to put a whole lot of thought into determining which way to go. The main concern is to select a system that is easiest for us to keep track of every little thing on our desk. Remember, when utilizing the agency management system we are already in the program itself. We do not have to change to a different program or make sure that the program is always open. The system is always open. But, then again, we may say, “Well, Microsoft Outlook, is an easier program to keep track of things. The only thing we have to do is make sure that the program is open at all times.” Determine which program you want to start using and by Grace Bauer start using it today! Enter Everything in the System Even though you may think this piece of paper or that piece of paper may not be important, enter every single piece of paper in every single pile into the system. Include everything; i.e. phone calls to be returned, projects, research items, items to be checked, request from companies, requests from agency principals. The different types of tasks are endless. We may think we are too detailed; however, this process will protect the agency from a possible E & O, and, most importantly, will give us peace of mind when we are going home at night. Most of us, if not all of us, as our piles keep building up, have a tendency to take those piles home with us. “Oh, no! I have not touched that pile for one week! What is in that pile anyway? I really do not have the time to even look through that pile. The phones keep ringing.” Enter everything in the system. Protect the agency, and, most importantly protect ourselves. Manage The System Every Day Managing the system every day is easy once everything is entered in the system. Of course, enter every task into the system, date the task, and, think about, categorizing the tasks; i.e. today, phone calls, projects, review, etc. Make it easy to reference each day by categorizing each task. We can easily then look through our huge list and work on those items first that may take no time at all, then maybe work on those tasks that need to Industry Firmly in the Black Revenue from agents and brokers expected to gradually increase until 2010. Revenue generated by insurance agents and brokerage is expected to grow an average of 4.2 % in the next five years, according to a study released by IBIS World, a publisher of business research and analysis. IBIS’s report on insurance agencies and brokerages projects a medium level of risk for the next year and moderate revenue growth for the rest of the decade, with revenue expected to increase from $87.5 billion in 2005 to $107.4 billion in 2010. According to the study, the strong growth rate is attributed to a soft market for risk products, which is a result of large returns on premium dollars invested. The improved revenue growth is expected to continue as agencies and brokerages write an increased share of total insurance policies. “It is expected that insurance brokerages and agencies will experience some organic growth over the outlook, as brokerages and agencies improve their retail presence,” the report says. “Primary insurance underwriters are expected to further their focus on risk assessment, leaving an increased share of insurance policies to be written through agencies and brokerages.” Growth in the industry gross product (IGP) is also expected to improve significantly as business volumes rise, according to IBIS. “IGP is forecast to grow at an average real rate of 5.1% per annum over the outlook, increasing from 441.5 billion in 2005 to %53.2 billion in 2010,” the report says. “Industry assets are be done today, and then maybe work on research items. By reviewing and managing all tasks daily, the job becomes very easy. We now know what is actually in each pile. We can actually control our piles. And, we can now keep work at work! Do Not Stop It is so easy to miss one piece of paper and get back into the same boat again. Do not stop the process. Make sure to enter EVERYTHING into the system. Just one missed entry can bring you closer to that one E & O you never thought would happen. We definitely do not want that over our heads. Even if you have to put a big reminder on the system or a big piece paper with a reminder on the desk, keep entering! DO NOT STOP!! Check those piles out today! Do it before it may be too late. Review and determine which program to use to keep track of every single piece of paper on the desk. Remember, enter every piece even if you think it is too small. Manage the system daily, and, finally, do not stop. Just one missed entry is one step closer to that E & O. Think of ourselves first. Make sure to keep your work at work and go home with peace of mind! Grace Bauer helps insurance agencies put together customized insurance procedural manuals to secure consistency, protect against errors and omissions, attain security, and increase efficiency. She can be reached at 800-896-4226. expected to grow at an average real rate of 5.6% per annum in the same five-year period, increasing from $147.4 billion in 2005 to $193.6 billion by year-end 2010.” The number of people joining the industry has also grown since 2001; however that rate of growth slowly declined as 2005 drew to a close. “Some merger and acquisition activity commenced in 2000 and became more pronounced as markets hardened,” IBIS’s report says. “Declining underwriting volumes, mainly resulting from rising insurance prices, left agencies and brokerages in a position where they started fighting for market share.” Michelle Payne ([email protected]) is a Big “I” writer/editor. 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IF YOU CURRENTLY USE OUR FACILITY, THANK YOU. IF YOU DESIRE TO ACCESS RPS, PLEASE CONTACT OUR MARKETING DIRECTOR, AT 480-860-5555. www.rpsins.com/scottsdale “You Want What?” That may have been what Jason of California expected to hear when he called NCMIC with an eleventh-hour premium financing request from a demanding client … “I thought it couldn’t be done … But I figured if any company could get it done, it would be NCMIC [Finance Corp.]. “We received a request for a deal that came in after NCMIC’s normal business hours, and it had to be turned around immediately. And the deal was a challenging one. “But we contacted NCMIC via cell phone and they immediately came up with a tailor-made financing plan that met the needs of this important client. As a result, they saved us a $440,000 premium.” “One of my pet peeves is getting an automated voice-response system. At NCMIC, I know I’m going to talk with a real person who wants to work with me to meet my customers’ needs.” —Joe Mauro, Des Moines It’s not typical in the often cookie-cutter world of premium finance, but through NCMIC’s stellar Deal Builder Program, you get creative, customized solutions for your smaller clients or niche markets. At crunch time, Jason found out how important it is to have people who care about his business and who will listen. Plus NCMIC offers you: ✓ A real person to talk to during business hours—so you won’t get lost in “automated-voice-response limbo.” ✓ People who follow up when they say they will. ✓ 24/7 access to FinancePro technology—so you can create ® and check on premium finance agreements any time. Call Anson Holland or Lisa Logan toll free at 1-800-600-9250 To put NCMIC’s Deal Builder Program to work for you! www.ncmic.com/premiumfinance FinancePro is a registered trademark of FinancePro, Inc. ©2006 NCMIC NFL 5534 News & Views Work in Peace! Increase Efficiency! Are you getting tons of interruptions every day. Are you questioning why employees are coming to you when you know they can easily resolve matters on their own? Is it driving you crazy and getting out-of-hand? Are you wondering what you even got done at the end of the day? Well, if this happens to be you, start training your employees to work on their own! Free up your day so you can work more efficiently! Have a quick daily individual employee meeting with each employee you are responsible for. Save time by utilizing the e-mail system for nonemergency items. Always, ask your employee how they would handle something to start teaching them to think like you and resolve problems on their own. Of course, remember emergencies may come up during the day so you need to be flexible. And, what’s next? Do it over and over again! Always, consistency is the key! Work in peace, gets lots done, and increase efficiency! The Quick Daily Individual Employee Meeting If you want to put a stop to all those interruptions from the employees, then start to hold quick daily 10 or 15 minute individual employee meetings with the staff you are responsible for. Inform your employees they are to gather all their questions at that time, and you will do the same. Make it a point to review all items on their list and all items on your list individually with each employee. Then make sure they always put aside questions throughout the day or projects they need to get with you on until the next day. This quick meeting is wonderful to start today. The employees will feel more important knowing they will have contact with you every day, and you will actually know what is going on and be in more control of the agency . This process will help with preventing errors and omissions and, at the same time, definitely help you to stop interruptions and increase your productivity. Page 7 by Grace Bauer may take a little more time to get a response but the time the e-mail system saves is tremendous. If questions come up during the day, use the wonderful e-mail system. Send a note, make sure to set a follow-up awaiting a response back, and wait for the reply. Get your employees to use the system as much as possible. Believe me, it takes a little time to rely on it all the time, but in the end it will save you tons of time. The only time I hesitate about using the system is when I have to make an appointment, and then I think twice. I do not know if I want to e-mail back and forth three or maybe four times trying to decide on a good time to meet because of schedules. Most of the time now, I make a phone call to make a phone call appointment. That is probably a good thing anyway, since I guess, we should try to be definitely more personal. After all, our society is becoming so impersonal. Well, anyway, use the e-mail system, and, again, save lots of time and increase efficiency. Start to work on those items you want to work on during the day! When Questions Arise I know I keep talking about this every time I write another article, but make sure to always ask employees back how they would handle the situation when questions come up. If the employees answer the question the same way you would handle it, then let them go with it. Otherwise, let them know exactly how you would handle it, and then they can go from there. This way they will always think twice before coming to you for a question knowing they may be able to handle the situation on their own, and, also, they eventually will be thinking like you when you let them know how you would handle the situation. Again, stop the interruptions and increase efficiency. Go home knowing you got lots done for the day. Emergency Items Now, we all know there will be times when The Wonderful E-Mail System the interruption just has to happen. Accept What did we do without it!! The wonderful the interruption, answer the question, and e-mail system is just that – wonderful!! It let it go. Let the employees know that, “yes, please get with me if you feel it is an emergency.” Otherwise, if it can wait, either e-mail or just wait until the next day when we meet to discuss the areas. Remember, to keep the door open. Let your employees feel like you are there for them all the time, but always set the guidelines. This procedure will help you gain the extra time you need to work more productively throughout the day. We do not want to work after hours. Life is too short!! Do It Over and Over Again Of course, we all know to keep the momentum going, and do it over and over again. We have a tendency, at times, to start a process, and then after one month’s time the process stops. Something comes up, and we forget all about what we were doing to keep our time to ourselves. Do not stop. Keep the process going, and continue to keep your day free from interruptions. Keep the brief meetings going every day with the employees. Make the employees feel more important and protect the agency from that horrible word, an error and omission. Use the e-mail system all the time. Save lost time when calling someone or getting out of your chair to visit with an employee. Get just the answer back and, again, save lots of time. Of course, when questions arise, remember to question the employees. Get the employees to start thinking like you and handle situations on their own. Keep the door open, and make sure employees can come to you when emergencies arise. And, of course, finally, do it over and over and over again. Stop the interruptions, get lots done, and go home knowing you had a very productive day! Grace Bauer helps insurance agencies put together customized insurance procedural manuals to secure consistency, protect against errors and omissions, attain security, and increase efficiency. She can be reached at 800-896-4226. Who to Contact at the Big “I” Below is our staff listing by Departments . Accounting: Karen Blacker - [email protected] Big I Markets: Joni Fairbrother - [email protected] Board Meetings: Terri Edwards - [email protected] Convention: Terri Edwards - [email protected] Education: Ray Garcia - [email protected] Errors and Omissions: Joni Fairbrother [email protected] and/or Mike Radcliffe [email protected] Legislative: Lanny Hair - [email protected] Membership: Terri Edwards - [email protected] Regulatory: Joni Fairbrother - [email protected] and/or Lanny Hair - [email protected] Technical Questions: Joni Fairbrother [email protected] and/or Lanny Hair - [email protected] News & Views LEGISLATION Page 8 Big “I” Takes Aim at Federal Regulation Rusbuldt questions FreedomWorks organization’s support of federal insurance bureaucracy. Big “I” CEO Bob Rusbuldt sent a letter late last week to Dick Armey, chairman of FreedomWorks, regarding the organization’s support of the National Insurance Act of 2006, which would create a federal regulator for the insurance industry. The Big “I” opposes federal regulation and Rusbuldt’s letter expressed disappointment that FreedomWorks had embraced “the creation of a massive new federal bureaucracy.” “We encourage you to reconsider your decision to take a position that is clearly contradictory to the mission of FreedomWorks to fight for ‘less government,’” Rusbuldt wrote. “As you know, the NIA would create a new Office of National Insurance within the treasury department. Currently, there are approximately 13,000 people working to regulate the business of insurance across the country, but the NIA authorizes an unlimited number of new offices and federal government employees to comply with the provisions of a new federal bureaucracy. While the IIABA believes that significant reform of insurance regulation is needed, the creation of such a dual state-federal structure with overlapping bureaucracies would cause many more problems than it would solve.” In the letter, Rusbuldt offered to speak with Armey about the Big “I” approach of using federal legislation to reform the existing statebased regulatory system and called for an open dialogue on the issue. “The IIABA and its members are energized against all efforts to create a new federal bureaucracy and I know many of our members will be disappointed to learn that FreedomWorks has moved away from its mission and has instead decided to support one of the largest additions to the federal bureaucracy in recent history,” Rusbuldt wrote. “I am hopeful that once you and your organization have given this proposal additional thought, you also will come to understand that supporting the large bureaucracy, which would be created under the NIA is not in the best interests of the American public.” Big “I” Supports Bunning-Conrad Intangible Assets Bill Legislation would shorten write-offs, create more accurate amortization schedule. The Big "I" is supporting a bill introduced late last week in the Senate that would allow purchasers of eligible small businesses to write off as much as $5 million of acquired intangible assets over the course of a five-year period. The bipartisan legislation, S. 3974, introduced by Sen. Jim Bunning (R-Ky.) and Sen. Kent Conrad (D-N.D.), would allow purchasers to more accurately amortize intangible assets acquired through the purchase of small businesses and provide better liquidity to Main Street businesses. The Senate bill parallels legislation that was introduced in the House, H.R. 4960, "Tax Fairness for Small Business Act," earlier this year by Chief Deputy Majority Whip Eric Cantor (R-Va.) and Rep. Earl Pomeroy ( DN.D.). "The top tax priority of the Big 'I' is commonsense tax reform on intangible assets acquired through the purchase of one small business by another," says Charles E. Symington Jr., Big "I" senior vice president for government affairs and federal relations. "Our members applaud Senators Bunning and Conrad for introducing this legislation that will provide tax relief to businessmen and businesswomen across America, and we appreciate the bipartisan leadership we've seen on this issue in both chambers of Congress." Current law requires intangible assets to be depreciated over 15 years, even though these specific types of assets, such as customer lists, have much shorter shelf lives. In fact, experience has shown that these types of intangible assets have shelf lives closer to five years. The Big "I" consistently has supported shortening the depreciation schedule for intangible assets so that it reflects their useful economic life. "Modernizing the depreciation schedule will help small businesses by allowing their intangible assets to be amortized more accurately," says Brendan Reilly, Big "I" assistant vice president of federal government relations. "A shorter depreciation schedule also would allow Main Street businesses to reinvest more money in themselves and their operations." Taylor Proposals Sound Alarm Bells for Industry Consumers, agents stand to lose if recommendations are implemented. Representatives from a Democratic Congressional group have put forth a number of recommendations that are raising eyebrows in the insurance industry. Reps. Gene Taylor (D-Miss.) and Charlie Melancon (D-La.) issued recommendations in their positions as chairman and vice-chairman, respectively, of the House Democratic Caucus Hurricane Katrina Task Force. The suggestions include ending the McCarran-Ferguson antitrust exemption for property insurance, requiring homeowners insurance to cover all perils—including flood damage—and establishing stronger federal oversight of property insurance practices. “We are very troubled by a number of these recommendations,” says Charles E. Symington Jr., Big “I” senior vice president for government affairs and federal relations. “Repeal of the McCarran-Ferguson Act and federal regulation of the property insurance market run contrary to everything we believe is best for the marketplace and for consumers, and we will be working diligently to make our case that these points, even if well-intentioned, are misguided.” consumers, not to mention our members.” And, of course, the last point is extremely troubling, because it goes beyond even the “optional” federal charter suggestions being put forth now by supporters of federal regulation. “We have said all along that the current statebased system needs reform, greater uniformity and reciprocity and more efficiency, but federal regulation is not the way to get it done,” Symington says. “Regulation at the state level is closer to consumers and better able to assess their needs than a new federal bureaucracy in Washington, D.C., could ever do, and possible “Consumers are better served when they have federal regulation of property insurance with its many local issues would deprive consumers a wide variety of choices,” Symington says. of a tremendous store of institutional “Anything that would create additional regulatory burdens for small and medium-sized knowledge and expertise.” companies ultimately leads to fewer Cliston Brown ([email protected]) is Big “I” competitors in the market, which is bad for director of public affairs/government relations. On the first point, the Big “I” believes strongly that repealing the McCarran-Ferguson exemption would disproportionately harm small insurers, reduce competition in the market, and provide fewer choices to consumers. Geo. F. Brown & Sons, Inc. Sometimes Change has its Advantages! Recently a major carrier exited the Liquor Liability market in Arizona and we understand this is a problem. Not to worry, Geo F. Brown & Sons, Inc. can deliver. We’re proud to announce the arrival of a new, better and more encompassing program to meet your needs. GFB, along with the A.M. Best “A” rated carriers of the RSUI Group, Inc. can offer you a competitive Liquor Liability and Package program in Arizona. 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We want you to know us and we want your business. Think of GFB for all your brokerage needs, we are ready to serve. Call us today at 1-800-527-6089, or visit our Web site at www.gfbgroup.com. Now available in Arizona, Florida, Georgia, Illinois, Indiana, Iowa, Minnesota, New Jersey, New York, Pennsylvania and Wisconsin with more yet to come. EDUCATION News & Views 2006 December 6-9 CIC Personal Lines Institute Registration Form Tempe December 12 Errors & Omissions Loss Control Seminar Phoenix December 14 CISR William T. Hold Seminar (ALS) Page 11 Phoenix 2007 January 10 CISR Agency Operations Phoenix January 11 Commercial Property Coverage - Basic Phoenix January 11 Sedona January 24 CISR Insuring Personal Auto Exposures Construction Defect Issues - Members Only CISR Commercial Property Coverages Phoenix January 30 CISR Commercial Casualty Insurance Lake Havasu Agency/Company______________________________ February 1 Commercial General Liability - Basic Phoenix Address_____________________________________ January 18 Phoenix February 7-10 CIC Commercial Casualty Institute Tempe February 14 CISR Insuring Personal Auto Exposures Phoenix February 15 CISR Agency Operations Tucson February 27 Errors & Omissions Loss Control Seminar Tucson March 1 Introduction to Insurance Seminar Phoenix March 6 CISR Dynamics of Service Phoenix March 7 CISR Commercial Property Coverages Kingman March 8 Errors & Omissions Loss Control Seminar Phoenix March 14-16 CIC James K. Ruble Graduate Seminar Tempe Mr. Ms. Name: ___________________________________________ Designations__________________________________ City, State, Zip________________________________ Telephone(______) ____________________________ E-mail address:________________________________ Date of Seminar _________________________ Check enclosed for ___________, payable to ITEC Charge to credit card below: Visa MasterCard American Express Exp Date of Credit Card:__________________ Mar. 19-April 5 P&C Licensing Plus Seminar Phoenix March 20 CISR Personal Residential Property Yuma Card #: ____________________________________ March 27 March 28 Personal Automobile Coverage - Basic CISR Commercial Casualty Insurance Phoenix Phoenix Print Name:_________________________________ Card holder Signature: Registration Fees CISR Seminars -- $140 per person/per seminar CISR Dynamics of Service -- $150 per person ITEC Seminars -- $75 Member/$100 Non-Member E & O Loss Control -- $60 Member/$85 Non-Member Licensing Plus Seminar -- $185/ $210 Non-Member CIC Seminars -- $360 per person/per seminar Cancellation Policy: ITEC/CISR Cancellations received within 7 business days of a seminar will incur a $25 non-transferable fee. CIC Cancellations received within 7 business days of an institute will incur a $105 nontransferable fee. ADA Policy: We comply with Title III of the American with Disabilities Act Please let us know in advance of any special needs. ___________________________________________ Registrations will not be accepted without form of payment. News & Views VIRTUAL UNIVERSITY Page 12 VU Adds Class on Environmental Exposures All Agents Should Protect Customers from Environmental Dangers Independent agents and brokers can now earn their environmental Strategist (eS) designation through the environmental Strategist class offered online through the Big “I” Virtual University. reference library containing hundreds of published environmental risk related articles, a quarterly eStrategist™ newsletter and full access to the glossary of environmental acronyms and terms. the insured may have is their agent’s E&O insurance,” concluded Bunbury. “This is a very important aspect of commercial insurance that agents may be overlooking,” says Madelyn Flannagan, vice The class will equip agents and brokers with “The eS designation is important because president of Education and Research for the the knowledge to produce and deliver better every commercial business faces either direct Independent Insurance Agents & Brokers of or indirect environmental issues,” says Chris America (Big “I”). “By partnering with the Big all around products to their clients, by understanding and analyzing the risk involved Bunbury, eS and president of Environmental “I” Virtual University, Environmental Strategist, Inc. “Insurance professionals do in environmental issues. The class aims to Strategies, Inc. brings the issue of demystify environmental insurance, a product not always think about the not-so-obvious environmental coverage to the forefront.” potential forms of environmental exposure. If that has long been viewed as an extremely you’re insuring a greeting card store three specialized coverage. eS designees will be To access information about this program able to seamlessly incorporate environmental doors down from a dry cleaner, and the dry and to review the complete listing of courses cleaner has a chemical spill that closes the risk management and insurance into their available on the Big “I” Virtual University, visit surrounding shops for a week, it’s an indirect www.independentagent.com, click on Virtual everyday routine. University. environmental exposure. Designates receive the certification by Chris Bunbury, eS “Agents and brokers that are not discussing successful completion of the informational environmental issues with their clients should Environmental Risk Managers, Inc. seminar and online course content, and are provided with a variety of additional benefits know that when their client is underinsured for one year including unlimited use of the for an environmental loss the only coverage Best Practices Spotlights Agency Trends The following are key findings from the recently released 2006 Best Practices Study published by the Big I: Only 24% of agencies in the over $25 million category, versus 40% in 2004, indicated that Personal Lines will be an important revenue source for them in the future. Interest in individual life-health as an important source of agency revenues in the future dropped significantly in all revenue categories except the $10 million to $25 million group, where 28% versus 22% in 2004 said it will be an important source. to fewer agencies desiring to sell than fewer agencies desiring to acquire. The largest agencies are still active with 58% reporting an acquisition during their last fiscal year new producers, especially agencies in the larger three revenue category study groups where more than 60% of the agencies reported they had hired new producers. Interestingly, there was a significant increase in the numbers that were hired from other industries versus the insurance industry. Net revenue growth rates dropped from double-digit rates to single-digit rates. The average growth rate was 7% for agencies with revenues under $5 million and 9% for By studying the leading agencies and brokers agencies with revenues over $5 million. in the country, the association hopes to provide member agents with meaningful Despite declining net revenue growth rates, performance benchmarks and business revenue per employee increased in all but strategies that can be adopted or adapted for two Best Practices Agencies studied where it use in improving agency performance, thus remained at past levels. enhancing agency value. For more information about the Best Practices program Acquisition activity has slowed slightly, but go to http://www.independentagent.com the study concludes that the slowdown is due Best Practices Agencies continued to hire Home Depot Moves Beyond Hammers and Nails Home Depot to offer business insurance through its business tool box program. The program which began last April offers a myriad of services including payroll processing, office supplies etc. The move to insurance is through Benefit Protect for health insurance and NSM Insurance group for property casualty insurance. Their website http://www.hdbusinesstoolbox.com says it can provide business interruption, personal property, and commercial auto. We find it interesting there is no mention of workers compensation insurance maybe they are all independent contractors. OUR INDEPENDENT AGENCIES ARE THRIVING! With access to many competitive companies and preferred commissions and profit sharing without minimums, SIA of Arizona and SIAA Independent Strategic Members ARE thriving! As soon as you join SIA of Arizona and SIAA, your agency will reap the benefits, including increased agency income and value, preferred commissions, profit sharing overrides and growth bonuses. To secure your future, keep the customers you have and to gain new ones, you need SIA of Arizona and SIAA! Contact SIA of Arizona TODAY to find out if you qualify to participate in our tremendous growth! Dan Skinner P: 480.464.3478 E: [email protected] W: www.siaaz.com 1,950 Member Agencies $4.1 billion in premium www.siaa4u.net TRUSTED CHOICE News & Views Page 15 Trusted Choice Ad Campaign Launches New Ad Strategy Begins with Ads on Fox News Trusted Choice® television advertising returns when ads touting the benefits of using the more than 6,600 participating agencies hit the nation's airwaves. Ads on Fox News are the first to run in this year-long advertising campaign. Trusted Choice® is now running ads for two weeks every month on different cable stations, including CNN, the Travel Channel, the Weather Channel and more. with Greta van Susteren, The Big Story, From the Heartland, War Stories and more. Fox News is a leader in election coverage and has high ratings, making it a natural choice for national TV advertising. "The programs, times and channels have been carefully selected to reach the Trusted Choice® target market," says Trusted Choice ® Executive Director Dave Evans. "Trusted Choice® has worked hard to coordinate with our membership to ensure their customized agency advertisements do just the same. This "Trusted Choice® advertising is heading in a new direction, strategically," says Big "I" CEO ad campaign will be the most effective to Robert A. Rusbuldt. "Running ads on popular date, driving consumers to the Trusted cable TV stations for two weeks out of every Choice ® Web site and their local Trusted Choice® agencies to ensure they receive the month maximizes consumer's exposure to choices and coverage they deserve." Trusted Choice ®. The increased frequency of national Trusted Choice® ads, combined with more agencies than ever before running Evans notes that branding is about building consumer awareness of excellence and tie-in ads in conjunction with the national experience. campaign, lead to a greater consistency of exposure to consumers. This will reinforce to consumers that using a Trusted Choice ® "Successful brands ensure consumers receive agency is the smart, safe and preferred way excellent service and/or products. Trusted to buy insurance." Choice® agencies have a pledge of performance for consumers, and advertising Trusted Choice® will be running ads on Fox is just one component of ensuring that News. Trusted Choice ® will be advertising customers are aware that buying insurance during popular programs such as Fox & from a Trusted Choice ® agency is the smart way to buy insurance," says Evans. Friends, Hannity & Colmes, On the Record Trusted Choice® is promoted through a combination of national, state-level and localagency advertising, promotional and marketing activities; insurance company branding; public relations campaigns; and Internet communications. Launched in October 2001 by the Big "I" and several agency companies, Trusted Choice® educates consumers about the benefits of using independent agents and brokers for their insurance needs: choice of companies, customized policies and advocacy support. Trusted Choice ® is the consumer marketing identity for nearly 6,600 independent insurance agencies, brokerage firms, their branch locations and 39 leading insurance companies. A Big “I” Member Agencies may join Trusted Choice® for an annual fee of $250 if the agency has 9 or fewer employees and $499 annually if they have 10 employees or more. Discounted three year fees are available. To find out more information or to join Trusted Choice® go to Web address: www.TrustedChoice.com. Local Author and Insurance Icon Tells of His Triumph Over Tragedy Many within the Arizona insurance industry know Steve Welker. Steve has served the Arizona insurance community for over 30 years. He has been an employee of an insurance company, an insurance producer, and finally as owner of his own agency. In 1994 Steve sent the Arizona insurance community in shock when he was involved in a terrible auto accident while driving to the hospital for the birth of his twin boys. Because of that accident, Steve lost his vision and suffered several life threatening injuries. Steve hasn't always been blind. And most people have never been blind. So most people can't fully understand Steve—but Steve Welker can understand them. That’s what his inspiring book, The World at My Fingertips is all about: it's about a tragedy that has been turned into a triumph of spirit in a world so many of us simply take for granted—but that Steve Welker cannot. They attracted national attention as Leeza Gibbons featured them on her network television talk show. It was all working—until April 30, 1994. Then, in a matter of seconds, everything changed! In one seemingly senseless, unfathomable moment of disastrous coincidence, just days before the birth of their twin boys, both Steve and Kristi were severely injured in a car crash, and Steve lost his sight forever. way to the public through me; but Steve and Kristi Welker did more than bless us with their story. They softened hearts and healed souls. They educated and empowered. They offered a quiet example of selflessness and hard-fought-for love that has sustained them. Steve Welker lives in Ahwatukee with his wife, Kristi and twin boys, Dylan and Colton. Steve is President of the Arizona Center for the Blind and Visually Impaired and a spokesman for the United Way. He has been active in the insurance field, in Arizona, for The World at My Fingertips tells their story almost 30 years, having worked for Westfield of tragedy transformed to triumph in a truly Insurance, Transamerica Insurance and Schaefer-Smith-Ankeney. Kristi recently nourishing, soul-satisfying way, driven from earned her Doctorate of Psychology and within by an indomitable spirit (Steve's) coupled with an iron will (Kristi's) and a love works as a psychologist in Ahwatukee. that transcends every appearance of negative For more information about The World at reality, no matter how dark and foreboding My Fingertips visit the author’s web site, the world might seem. http://www.worldatmyfingertips.com. Or It all begins on a happy note, with Steve and As Leeza Gibbons has written in her contact Steve directly at (480) 730-6200 or his wife, Kristi joyfully anticipating the birth of foreword, “I always consider it a blessing [email protected]. their twins-conceived in a most unusual way! when someone allows their story to find its News & Views COURTS Page 16 Big “I” Files Reply Brief in Zurich Settlement Case Answers questions about filing of amicus curiae brief The Independent Insurance Agents & Brokers of America, Inc. (Big “I”) filed a reply brief on October 20, 2006 refuting the opposition to its amicus curiae brief filed last month in New Jersey federal court. The class action lawsuit concerns the producer compensation and disclosure issue and related Zurich Settlement agreement. The Big “I” amicus curiae brief focused on the burden imposed on agents and brokers by the Zurich Settlement agreement entered into in March 2006 mandating that agents and brokers provide insureds with the company’s compensation disclosure form. Opposition to the Big “I” brief was filed by the intervening Attorneys General who signed the Multi-State Settlement Agreement with Zurich, the plaintiffs and Zurich. The essence of the opposition was that the Big “I” amicus curiae brief was filed prematurely; none of the opposition questioned the credentials of the Big “I” to advise the Court regarding the impact that the Zurich Settlement will have on brokers and agents. “The Big “I” amicus brief provides the Court with important information about the negative consequences consumers as well as insurance brokers and agents will experience if the Court approves the portion of the proposed Zurich Settlement requiring brokers and agents to provide their customers with Zurich’s Mandatory Disclosure Form,” says Big “I” President Alex Soto, also president of Miami, Fla. based InSource, Inc. “Imposition of this form on agents and brokers will inhibit agents and brokers’ communication with their customers and increase customer confusion regarding incentive compensation.” Contrary to suggestions in the opposition filed to the Big “I” amicus brief, the Big “I” does not oppose “pre-binding disclosure” of incentive compensation; rather, it opposes the proposed requirement that brokers and agents provide their customers with Zurich’s Mandatory Disclosure Form, explains Soto. Parties the opportunity to revise the Mandatory Disclosure Form provision voluntarily,” says Debra L. Perkins, Big “I” EVP and general counsel. “Zurich represented to the Court that compensation disclosure was something that the state insurance regulators and Attorneys General that signed the Multi-State Settlement ‘required Zurich to undertake’ so the Big “I” believes that the Court’s order should reflect what Zurich acknowledged –that the obligation to deliver the Mandatory Disclosure Form to consumers belongs to Zurich, not to insurance brokers and agents,” explains Perkins. The Big “I” has worked tirelessly to ensure this issue is addressed in the same transparent manner in which all other aspects of insurance transactions should be handled. “The Big “I” was not a party to the negotiations and had no opportunity to raise its concerns about the Mandatory Disclosure Form before the Zurich Settlement requiring it was executed,” Rusbuldt adds. The Big “I” continues to support the latitude that agents and brokers should have to customize their interactions, including about compensation disclosures, to the specific requests and needs of their customers, “By filing now, the Big “I” is giving the Settling To read the complete reply brief, please visit www.independentagent.com. Nation’s Top Court to Examine Credit Scoring Insurers hope Supreme Court will overturn Ninth Circuit’s sweeping decision. In any given year, only a few dozen cases ever make it to the Supreme Court’s docket, and very few of those have a major impact on the state-regulated insurance industry. However, in the coming months, the nation’s highest court will hear a case that has sweeping repercussions for the industry. Billions of dollars and the continued viability of some of the country’s leading insurers could be at stake. favorable credit information would improve the rates or terms of a policy. In essence, the Ninth Circuit said an adverse action notice must be provided to a person who does not receive the insurer’s lowest possible premium because of a less-than-perfect credit history, even when the credit information is better than average and results in a considerably lower premium. The FCRA’s penalties for willful violations were intended to be harsh and applicable in rare instances, yet the Ninth Circuit’s distorted perspective of these provisions carry significant consequences. If the Ninth Circuit is correct in its findings about when adverse action notices must be issued (and many observers believe that portion of the initial opinion is accurate), then it is possible that the nation’s personal The most troubling feature of the Ninth Circuit lines insurers have committed millions of The case to be heard involves insurance opinion---and the issue that will be most hotly technical and inconsequential violations. With companies’ use of consumer credit reports and contested when the Supreme Court hears the potential liability of $100 to $1000 per the obligations that insurers using such case---is the lower court’s finding that the consumer, the costs could quickly escalate into information have to consumers under the insurers involved in these instances “willfully” the billions of dollars and threaten the solvency federal Fair Credit Reporting Act (FCRA). The violated the law. Under the FCRA, insurers who of some insurers. FCRA requires insurers to alert consumers incorrectly adhere to the adverse action when they take an “adverse action” based on requirements or negligently violate the law are Each of the major insurer trade organizations information contained in credit reports. These liable for actual damages incurred by filed briefs earlier this summer urging the court are the typically pro forma notices that provide consumers. However, if “willful” noncompliance to accept the case and overturn the decision, an affected consumer with the name and is found to exist, insurers can be liable to each but they are not the only ones following this contact information of the reporting agency that consumer for damages between $100 and case. Other groups, including the U.S. Chamber provided the report to the insurer, a statement $1,000 (plus punitive damages). of Commerce, the Business Roundtable and the explaining the consumer’s right to obtain a free free market-oriented FreedomWorks copy of the report, and a description of how The Ninth Circuit---a court best known by Foundation, all have weighed in against the the consumer can dispute the report’s accuracy. many for ruling that elements of the Pledge of Ninth’s Circuit’s expansive opinion. Allegiance are unconstitutional---found that The FCRA was not entirely precise in specifying insurers who relied in good faith on Besides having strong, substantive arguments on exactly when insurers should provide such interpretations of the law that were later its side, the insurer community has at least one notices, and some in the industry believed the determined to be unreasonable, implausible, other reason to be hopeful. The author of the notices were only required when a person’s creative or untenable could be deemed to have Ninth Circuit opinion is Stephen Reinhardt, credit information has an adverse or committed willful violations. The circuit court perhaps the most liberal judge on that court unfavorable impact on the insurance rates or even found willful violations when insurers were and one of the most overturned appeals judges terms that otherwise would have been diligently attempting to comply and following in history of American jurisprudence. The provided. The U.S. Court of Appeals for the the plausible (but perhaps incorrect) insurance industry is hoping that Judge Ninth Circuit recently issued a decision that interpretations of the law provided by attorneys Reinhardt’s latest opus meets a similar fate. went a step further and determined that the and even district court judges in previous Wes Bissett, Big “I” senior vice president notices are also required whenever more opinions. government affairs and state relations We have the expertise. ,AV/K CKAYT We havethe markets. We will get you competitiveterms fast! CTNCY please Representing Trarclem finecompanies. andother forinfurmation byemail, Dan Moore conbst atdan0ggapncy.com (Imbrella & Equipment BreakdownPrograms ll'e'te Cnt lou ('m,ered Qt D esigneclE speciallyfor : Condos- Co-ops- Townhouses- ApartmentsHOA'S- PUD'S-Habitational Accounts& our NewProgram for Commercial Building Owners . Limitsfrom$1,000,000 to $50,000,000 . . 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In reality, similar to the rules for retirement benefits eligibility, people have to qualify for disability benefits. Yet many young people and individuals who were out of the workforce for a particular period of time (for example, a mom who stayed home with her children for a number of years) may not be currently eligible. Basically, when it comes to disability benefits eligibility, individuals earn one credit for each $970 of wages or self-employment income. When they've earned $3,880, they've earned four credits for that year. Because younger people haven't been in workforce long, the eligibility rules take into account: • Before age 24: A person may qualify if he has six credits earned in the three-year period ending when their disability starts. • Age 24 to 31: A person may qualify if he has credit for working half the time between age 21 and the time he becomes disabled. For example, if he becomes disabled at age 27, he would need credit for three years of work (12 credits) out of the past six years (between ages 21 and 27). • Age 31 or older: In general, unless he is blind, a person must have earned at least 20 of the credits in the 10 years immediately before he became disabled. Today, it is not uncommon for young people to take some time to “find themselves.” This journey might include a prolonged stay at college and/or a part-time job and college classes. Also, some young people end up “working under the table” in a job for cash, meaning their employer does not reporting their employment to the government and does not pay payroll taxes on them, so the worker is not receiving credits toward Social Security eligibility. As a result, a coverage gap can exist for a young person who worked sporadically and went to school. The same is true for a young mother who was out of the workforce for a while. Parents should talk with their adult children about whether their employer covers them for disability benefits (and remember: Social Security requires a very strict definition of disability to receive payments, which means total disability for at least one year). Many employers, particularly smaller ones, don’t provide disability benefits. According to the American Council of Life Insurers, 30% of small employers (10 to 100 employees) have never even been contacted by an insurance agent about disability insurance. For independent insurance agents, this gap creates an opportunity to talk to employers about offering disability benefits to their employees. In fact, independent agents provide the majority of commercial insurance for smalland medium-sized employers. Are some of your commercial clients among the 30% that have never been contacted by an insurance agent about disability insurance? Don't let that be the case. Help your customers safeguard their employees’ financial future and in turn boost the bottom line of the agency. Dave Evans ([email protected]) is a certified financial planner and IA l-h contributing editor The Premier Property and Casualty Trade Association INDEPENDENT INSURANCE AGENTS AND BROKERS OF ARIZONA, INC. The Mission of the Association is to ensure the success of independent insurance agents and brokers throughout Arizona by focusing on providing access to profitable markets, cost-competitive products, advocacy, timely industry information, and superior education 333 East Flower Street Phoenix, Arizona 85012 programs. 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