August 2012 Magazine

wisconsinindependent agent

AUGUST 2012

SUPREME COURTUPHOLDS PPACAWHAT’S NEXT? SEE COMMENTARY FROM COUNSEL ON PAGE 22

WISCONSIN INDEPENDENT AGENTAUGUST 2012 3

Independent Insurance Agents of Wisconsin725 John Nolen Drive, Madison, Wisconsin 53713

Phone: (608) 256-4429 or (800) 362-7441 ■ Fax: (608) 256-0170 ■ Web: www.iiaw.com

Executive Vice President - Matt Banaszynski

AUGUST 2012Eric Schwartz, Editor

> OUR ADVERTISERS

AAA................................................................. 23

ACUITY.Insurance............................................. 31

Arthur.J..Gallagher......................................... 25

Axley.Brynelson.............................................. 30

Badger.Mutual.................................................. 17

Big.“I”.Professional.Liability............................ 12

Burns.&.Wilcox................................................. 18

IMT.Insurance.................................................... 5

Office.Scheduler............................................... 13

Partners.Insurance............................................ 4

Pekin.Insurance............................................... 28

SFM.................................................................. 16

West.Bend......................................................... 2

Wilson.Mutual.................................................. 27

Open Door Policy Health Care Reform Roundtable: Leadership Through Education . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Member Profile Progressive Insurance: Work Smarter, Not Harder . . . . . . . . 14

News From ACT Strategies To Send & Receive Personal Data . . . . . . . . . . . . .20

Commentary From Counsel PPACA Upheld – Now What? . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Errors & Omissions Potential Pitfalls Of Free Insurance . . . . . . . . . . . . . . . . . . . . .24

Marketing Minute Produce Star Performers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Government Affairs Attention Turns To U .S . Senate Race . . . . . . . . . . . . . . . . . . . . 29

2011-2012 Executive Committee

President ............................................................Mike Hierl P.O. Box 949, Fond du Lac, WI 54936-0949

President-elect .............................................. Michael Froh P.O. Box 1320, Sheboygan, WI 53082-1320

Secretary-Treasurer ......................................David Dunker P.O. Box 443, Brookfield, WI 53008-0443

Chairwoman of the Board ...........................Linda Steiner 555 Main St. #320, Racine, WI 53403

State National Director ..................................Skip Hansen 100 North Corporate Drive #100, Brookfield, WI 53045

2011-2012 Board of Directors

Chris Costakis 251 Progress Way #300, Waunakee, WI 53597-2520

Thomas Holter P.O. Box 938, Beloit, WI 53512-0938

Lise Meyer Kobussen P.O. Box 633, Sauk City, WI 53583

Bruce Kommers P.O. Box 66, Antigo, WI 54409-0066

Jeff Rasmussen 525 Junction Road, Madison, WI 53717

Frederick Thomas 330 East Kilbourn Avenue, Milwaukee, WI 53202

Cap Wallrich P.O. Box 90, Shawano, WI 54166-0090

Matthew Weimer 100 North Corporate Drive #100, Brookfield, WI 53045

Donald Williams P.O. Box 595, Beaver Dam, WI 53916

2011-2012 Committee Chairs

Agency Operations ................................. Sandra Hardrath P.O. Box 1030, Manitowoc, WI 54221-1030

Automation/Technology ............... Cathleen Christensen P.O. Box 949, Fond du Lac, WI 54936-0949

Employee Benefits ............................................. Tim Bever 555 Main St. #320, Racine, WI 53403

Finance & Compensation ............................ Dave Dunker P.O. Box 443, Brookfield, WI 53008-0443

Government Affairs .....................................Tom Helbach P.O. Box 40, Mosinee, WI 54455-0040

Industry Relations ..............................................Ted Haase P.O Box 6, Seymour, WI 54165

Membership Development ................................. Jeff Thiel P.O. Box 1610, Waukesha, WI 53187-1610

Smaller Agencies ....................................Michael Walston P.O. Box 236, Kewaunee, WI 54216-0236

Technical ......................................................Andy Burkart P.O. Box 1320, Sheboygan, WI 53081-1320

Young Agents .......................................... Derek Wickhem P.O. Box 1500, Janesville, WI 53547-1500

wisconsinindependent agent

On The Cover… On.June.28,.the.Patient.Protection.and.Affordable.Care.Act.(PPACA).officially.became.the.law.of.the.land..So.what.does.it.mean.for.independent.agents.and.companies?.That.is.a.great.question...Josh.Johanningmeier,.the.IIA.of.Wisconsin’s.General.Counsel,.gives.his.take.on.the.Supreme.Court’s.decision.and.how.it.could.impact.the.November.election,.the.state’s.implementation.of.insurance.exchanges,.and.Wisconsin’s.business.community..For.Josh’s.article.please.see.page.22..Since.health.care.is.on.everyone’s.mind,.the.IIAW,.NFIB.and.Anthem.are.sponsoring.a.Health.Care.Reform.Roundtable.at.the.Country.Springs.Hotel.in.Pewaukee.on.August.16..Panelists.include.respected.business.leaders.from.a.variety.of.industries.who.will.discuss.health.care.reform.and.how.it.will.impact.Wisconsin.and.our.country..Don’t.miss.this.important.event..Register.at.iiaw.com.

NSI is a division of West Bend Mutual Insurance Company. Rated A !"#$%&&%'()*+,(-*.*/'.'$,.&*0(1%'2(-*$.(%2314*35*6*74*89:9*;%0(*.'<*Treasury listed at $54,201,000 (7/1/11).

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WISCONSIN INDEPENDENT AGENTAUGUST 2012 5WISCONSIN INDEPENDENT AGENT AUGUST 2012 4

OPEN DOOR POLICY

HEALTH CARE REFORM ROUNDTABLE: LEADERSHIP THROUGH EDUCATION

Everyone seems to have an opinion but there’s little information and too much speculation. I saw an opportunity for your Association to lead on this subject through education. As I continued to search for answers as to what this means for Wisconsin, I found myself wanting and needing more information. But where could I find it? If it’s not easily accessible, how will our members and other interested parties find the information they need? I recalled a conversation with my friend Dick Tillmar that spawned a larger discussion with our Employee Benefits Committee. How could the IIA of Wisconsin take the lead in not only educating agents and brokers, but also the Wisconsin business community on what this ruling means for them? Thankfully, in the months leading up to the Supreme Court ruling, the Employee Benefits Committee had been preparing to lead on this controversial issue and had the foundation in place for a health care roundtable. You may wonder why a traditionally property and casualty association decided to get involved in a health insurance issue. The answer is twofold. Roughly 25 percent of our members are licensed to sell health insurance and over 33 percent of our agencies sell some level of employee benefits. One of our most active agencies speculated that they could lose 27 to 30 percent of its revenue if the perfect storm forms and the role of the agent is demolished. This is completely unacceptable.

The Spanish philosopher George Santayana said, “Those who cannot remember the past are condemned to repeat it.” We will have to watch to see how this plays out. While property and casualty insurance lacks the same emotional connection and response as health insurance, the two do have many similarities. For instance, insurance company profits and loss ratios have long been under attack by an uninformed public desperate to shift blame and responsibility. I am sure that in my lifetime, the same tactics and arguments used to

attack health insurance companies and their profits to implement PPACA will be used on some level on the property and casualty industry. If history does repeat itself we will be ready. We will do our homework now. We will do what we do best and that is to lead. Our government affairs focus remains on property and casualty issues; however, we cannot afford to sit back on one of the largest issues affecting our members and their clients and do nothing. At the very least we must turn this into a learning opportunity. One of the first calls I made was to Bill Smith of the Wisconsin chapter of the National Federation of Independent

Business (NFIB). (Their national organization filed suit against PPACA in court.) Bill agreed that the time and the need for a roundtable was right and we quickly got to work creating this incredible event with the help of Dick Tillmar. Together, with the Employee Benefits Committee and Anthem Blue Cross Blue Shield, we assembled some of Wisconsin’s most knowledgeable and well-known executives from a variety of business sectors to provide their opinions and describe how this ruling will impact their business, industry and consumers. As a result, the Health Care Reform Roundtable was born. In addition to

the event’s sponsors (IIAW, NFIB and Anthem), we also partnered with the Greater Milwaukee Committee, Business Health Care Group, and the Metropolitan Milwaukee Association of Commerce to help promote this wonderful event. You would be hard pressed to find a better group of partners. We are excited for this opportunity to showcase how the IIAW and its members can take center stage in being a leading resource on insurance issues for the business community in Wisconsin. The roundtable will include a networking continental breakfast and half day of expert opinion. Register now as the Country Springs Hotel can only hold about 450 attendees. We are well on our way to hitting that mark. Register at www.iiaw.com. Our work certainly won’t stop after the conclusion of this event. We will be actively engaged with Gov. Walker’s office, OCI and the Legislature to do everything we can to ensure the role of the agent is preserved. This will certainly be a big fight but we are up to the challenge. Your Association has many resources on hand to educate and inform

interested parties. I have been asked by incoming IIABA President Bobby Bramlett to serve on a National Health Care Task Force. I graciously accepted this incredible opportunity to gather information on health care reform and bring it back to Wisconsin to aide our members. I hope to see you at the Health Care Reform Roundtable on August 16 at the Country

Springs Hotel in Pewaukee. Panel 1 participants include: Catherine Jacobson, president of Froedtert Health; a representative from NFIB; Gail Olsen, shareholder at Reinhart Boerner Van Deuren S.C.; and Mike Derdzinski, director of employee benefits and life at Johnson Insurance. This panel will focus on health care reform at the national level and will be moderated by Karen Timberlake, director of UW Population Health Institute. Panel 2 will focus on reform at the state level. Panelists include: Dan Schwartzer, deputy commissioner, Wisconsin OCI; Larry Schreiber, CEO of Anthem Blue Cross Blue Shield; Steve Brenton, CEO of the Wisconsin Hospital Association; and Tom Wieland, partner at Reilly, Penner & Benton CPAs.

In the moments after the Supreme Court ruled on PPACA, I experienced a wide range of emotions, as I am sure many of you did . I read through story after story searching for what this means for agents and brokers, the consumer, the marketplace and our country .

> Matt Banaszynski is the Executive Vice President of the Independent Insurance Agents of Wisconsin. Contact him at [email protected].

West Des Moines, IA 800.274.3531 www.imtins.com

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WISCONSIN INDEPENDENT AGENT 5

20935 Swenson Drive!Waukesha, WI 53186!www.partnersmutual.com an affiliate of Penn National Insurance

M U T U A L I N S U R A N C E

Partners Mutual Insurance Company has been going strong and serving independent agents since 1931. We are proud of our history and looking forward to a very successful future.

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Where Better Service Matters ! Since 1931

PMIC_WIA_3-75x4-875.indd 1 5/31/2012 1:13:30 PM

Our government affairs focus remains on

property and casualty issues; however, we

cannot afford to sit back and do nothing about

one of the largest issues affecting our members

and their clients .

OPEN DOOR POLICY

WHERE TO F IND IT: A RESOURCE GUIDE TO TRUSTED CHOICE® BENEFITS

BENEFIT #1 LICENSED USE OF THE TRUSTED CHOICE® LOGO AND PLEDGE OF PERFORMANCE> Trusted Choice® Logo and Logo guidelines. Go to www.trustedchoice.com/agents and mouse over the ‘Logos/Pledge’ tab until the dropdown menu is revealed. In the dropdown click on either ‘Logo Examples’ for logos OR ‘Logo Rules’ for guidelines.

> Pledge of Performance. Go to www.trustedchoice.com/agents, mouse over the ‘Logos/Pledge’ tab until the dropdown menu is revealed, and click on ‘The Pledge of Performance’ in the dropdown.

> Value of the Pledge, including ideas for the 24/7 pledge point. Go to www.trustedchoice.com/agents, mouse over the ‘Logos/Pledge’ tab until the dropdown menu is revealed, and click on ‘The Value of the Pledge’ in the dropdown.

BENEFIT #2 NATIONAL ADVERTISING AND PUBLIC RELATIONS EXPOSURE> National Ad schedule. Go to www.trustedchoice.com/agents and mouse over the ‘Advertising’ tab until the dropdown menu is revealed. In the dropdown click on ‘Ad Flight Schedules’ and click on the article ‘Ten Tips for Creating a Media Plan.’

> Facebook presence. Go to www.facebook.com/trustedchoice.

BENEFIT #3 CUSTOMIZABLE ADVERTISING MATERIALS> Creating a media plan. Go to www.trustedchoice.com/agents and mouse over the ‘Advertising’ tab until the dropdown menu is revealed. In the dropdown click on ‘Advertising Articles’ and click on the article ‘Ten Tips for Creating a Media Plan.’

> Trusted Choice® tagable TV, radio, billboard and print ads. Go to www.trustedchoice.com/agents and mouse over the ‘Advertising’ tab until the dropdown menu is revealed. In the dropdown click on the advertising media that is of interest.

BENEFIT #4 NNCLUSION IN THE AGENCY LOCATOR ON THE TRUSTED CHOICE® CONSUMER WEBSITE> Viewing your agency profile on the Trusted Choice® agency locator. Go to www.trustedchoice.com, enter your Zip code in ‘Find an Agent’ and click ‘Go.’

> Creating/Updating you agency profile for the Trusted Choice® agency locator. Go to www.trustedchoice.com/agents and click on ‘Updating your company profile.’

BENEFIT #5 NNFORMATIVE CONSUMER ARTICLESConsumer oriented articles (content) for use in newsletters, Website and Facebook. Go to www.trustedchoice.com/agents and mouse over the ‘Public Relations’ tab until the dropdown menu is revealed. In the dropdown click on ‘Public Relations Articles.’

BENEFIT #6 NUSTOMIZABLE PRESS RELEASE TEMPLATESPR – press release templates. Go to www.trustedchoice.com/agents and mouse over the ‘Public Relations’ tab until the dropdown menu is revealed. In the dropdown click on ‘Press Release Templates.’

BENEFIT #7 NYNDICATED CONTENT FEED ON WEBSITE> Automatic content feed for website (RSS feed). Go to www.trustedchoice.com/agents; see information on the home page.

> Sample website containing RSS feed (integrated into the feel of the site). Go to afsinsurance.com/articles.php.

BENEFIT #8 NRUSTED CHOICE® COMPANY PARTNERS> List of company partners. Go to www.trustedchoice.com/agents and click on the ‘Companies’ tab. Scroll down.

> Company co-op funds. Go to www.trustedchoice.com/agents and mouse over the ‘Advertising’ tab until the dropdown menu is revealed. In the dropdown click on ‘Advertising Articles. ’ Then click on the article ‘Leveraging Company Co-Op As Dollars.’

BENEFIT #9 NARKETING REIMBURSEMENT PROGRAM (MRP)> Marketing Reimbursement Program (MRP) complete details. Go to www.trustedchoice.com/agents and click on the link on the home page OR go to www.trustedchoice.com/mrp.

> Getting MRP reimbursement for adding the logo and pledge to your Website. Go to www.trustedchoice.com/agents and click on the link on the home page (OR go to www.trustedchoice.com/mrp). Then click on ‘MRP Guidelines.’

TrustedChoice®

TrustedChoice®

GETTING THE TRUSTED CHOICE® BRAND STARTED IN YOUR AGENCY

WISCONSIN INDEPENDENT AGENT AUGUST 2012 6 WISCONSIN INDEPENDENT AGENTAUGUST 2012 7

> Zoom in on Branding guide . Go to www .trustedchoice .com/agents, mouse over the ‘Branding Basics’ tab until the dropdown menu is revealed, and click on ‘Zoom in on Branding’ in the dropdown (available on the page are a PowerPoint and the individual phases in PDF format) .

> Member branding checklist . Go to www .trustedchoice .com/agents, mouse over the ‘Branding Basics’ tab until the dropdown menu is

revealed, and click on ‘Branding Articles’ in the dropdown . Under the ‘Live the Brand’ headline, click on ‘Branding Checklist .’

> Live the Brand guide . Go to www .trustedchoice .com/agents, mouse over the ‘Branding Basics’ tab until the dropdown menu is revealed, and click on ‘Branding Articles’ in the dropdown . Under the ‘Live the Brand’ headline, click on the ‘Live the Brand guide .’


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PROJECT CAP CONSUMER PORTAL

The Project CAP consumer portal will address the insurance customer demand for knowledge, choice and comprehensive service. While some other online options may also offer consumer research and rate comparisons, none present the unique combination of benefits that will be available here. Aside from the ability to evaluate dozens of insurance companies, the opportunity to select an independent agent who will advocate on their behalf is an advantage most consumers will find irresistible.

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PROJECT CAP CONSUMER PORTAL

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Created through collaboration of Trusted Choice, the IIABA and Project CAP, our new mobile app is a powerful tool for reaching and serving today’s online consumers – wherever they are.

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Since real marketing is all about building relationships that build your brand, this app is available in a customized format with your agency's color scheme and logo. It's also integrated with both Project CAP and IIABA online systems to provide single sign-on and easy account administration.

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TRUSTED CHOICE MOBILE APP

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✔ Blackberry Edition

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Just as with the consumer portal, basic participation in our agency marketing packages is free to members of the IIABA.

MEDAL LEVEL MARKETING PROGRAMS

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Education and training are the foundation of every Project CAP agency marketing program. Regardless of your previous experience, we offer a full curriculum of digital marketing courses on a broad array of topics and tactics that meet you where you are right now and take you where you want to be. Most programs also employ a multi-media approach to ensure information and ideas are presented in a format that matches the way you really like to learn.

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Project CAP agency marketing programs go far beyond simple technology to include a full complement of tools chosen or developed specifically to meet the needs of today’s digital agent. We begin by helping you design a solid sales and marketing plan – then provide all the resources you need to construct your program with ease. From e-mail opt-on widgets to blog-posting templates, Project CAP shares a variety of attention-grabbing, prospect-attracting, timesaving tools. Best of all, we help you measure your efforts and results to ensure you’re on the right track to digital marketing success.

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INSURANCE MARKETING CONTENT

Tools and technology are critical in attracting the attention of new prospects, but what do you say once you have it? Project CAP agency digital marketing has the answer. In fact, we have thousands of them. Don’t know what to post on your Facebook page? We do. Not sure how to start that client e-mail? We are. Thanks to the insurance content specialists at Project

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Even if you never graduate beyond our basic agency package, you’re sure to receive the kind of service you’d be proud to provide your own clients. Our digital marketing experts really shine when you take advantage of our Platinum and Diamond service programs. In addition to designing and developing your new agency Website, blogsite, social media pages and e-mail marketing programs, the Project CAP team can also create and execute your content applications, search marketing, blog postings, social media messages, paid media campaigns, and more. All so you can concentrate on writing more business.

✔ Websites

✔ Blogsites & Postings

✔ Local Results Optimization

✔ Link Marketing

✔ Social Media Pages & Postings

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✔ Analytics

AGENCY MARKETING DASHBOARD

It’s common knowledge that you can’t manage what you can’t measure. So, your Project CAP agency dashboard is more than just the access point for your marketing tools and training. It’s also the control panel for your digital marketing and client management systems. Whether you choose to participate in the Consumer Portal or not, your agency dashboard is designed to deliver all the data you need to effectively measure, manage and maximize your marketing efforts. Just point, click and prosper. At a glance, you’ll be able to assess:

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THE MOST POWERFUL MARKETING PROGRAMS ONLINE

If you already have all the business you can handle, these programs aren’t for you. They’re for agencies serious about getting online and getting more response. They’re for independent agents ready to adopt new ideas and absorb new information. They’re for independent-minded professionals eager to leverage their expertise and take back their fair share of the market.

If that sounds like you, then we want to share the insurance marketing strategies, insights, tactics and techniques Project CAP has invested thousands of hours collecting and perfecting. They’re revolutionizing the way leading insurance agencies grow their business – and they’ll work for you.

No matter who you are, where you are or how much time you have, Project CAP has an agency marketing program that can help you generate more Internet prospects and more agency revenue.

But you must act now. These programs are available exclusively to IIABA agency members, and pricing may change soon.

BONUS!

Sign up for a Silver, Gold, Platinum or Diamond program and we’ll include access to our new “Super Agent’s Guide to Facebook Success” Webinar – featuring ideas and information you can start applying immediately. But don’t wait. This offer is limited to the first 50 new clients.

CONSUMER PORTAL PARTICIPATIONPROJECT CAP CONSUMER PORTAL

This incredible new Website will present your agency profile to consumers nationwide and encourage insurance prospects in your market to contact you – before or after receiving your comparative quote. Exclusive prospects will be provided for a nominal fee and processed through each agency’s free Project CAP

dashboard. Enrollment in the consumer portal also includes automatic enrollment in the Bronze agency marketing package and entitles participating agencies to discounted rates on the Trusted Choice Mobile App.

MEMBER PRICING$0 Down / $0 Month (Portal Only) Add $20/Month (Portal + Mobile)

MOBILE OPTIONSTRUSTED CHOICE MOBILE APP

Compatible with iOS and Android platforms, this new app allows consumers to find a local Trusted Choice agent, create their home inventory, document an accident, ask a question and read relevant headlines - all from their smartphone or mobile device. The customized format includes your agency logo and color scheme. It's also integrated with Project CAP and IIABA online systems to provide single sign-on and easy account administration. Discounted rates with Portal-Bronze enrollment.

MEMBER PRICING$20/Month (Mobile + Portal-Bronze Package)

$50/Month (Mobile Only)

MEDAL PACKAGESBRONZE AGENCY PROGRAM The introductory Bronze program offers a complete overview of Internet marketing with content, training and tools you can start using immediately. In addition to its seven educational modules, this program also features the Project CAP agency dashboard with marketing planner, profile manager and more. It's available to IIABA member agencies at no additional charge, includes automatic enrollment in the consumer portal and entitles agencies to discounted rates on the Trusted Choice Mobile App.

MEMBER PRICING$0 Down / $0 Month (Bronze Program) Add $20/Month (Bronze + Mobile)

SILVER AGENCY PROGRAMOnce you are ready to start building your own online marketing program, the Silver package will show you how. Including everything in the introductory Bronze program, the Silver program adds seven more intermediate educational modules, expanded marketing tools and content and an enhanced agency dashboard. It also features new training sessions every month, includes automatic enrollment in the consumer portal and entitles agencies to discounted rates on the Trusted Choice Mobile App.

MEMBER PRICING$197 Down / $47 Month (Silver Program) Add $20/Month (Silver + Mobile)

GOLD AGENCY PROGRAMIf you are serious about building your brand and dominating your market, the Gold package provides the ultimate in do-it-yourself digital marketing. Starting with all the tools, training, content and services of Silver, the Gold program adds seven advanced educational modules, a premium agency dashboard, unlimited content library, custom widget builder, two monthly training sessions, and more. It also includes enrollment in the consumer portal and discounted rates on the Trusted Choice Mobile App.

Self-Directed Programs

MEMBER PRICING$297 Down / $147 Month (Gold Program)

Add $20/Month (Gold + Mobile)

PLATINUM & DIAMOND AGENCY SERVICESOur full-service Platinum and Diamond programs make you feel like you have your own digital marketing agency because you do. From custom-designed Websites to professionally written content, these comprehensive programs couple all the tools, training and content of the Gold program with expanded services that ensure your agency deploys superior digital marketing campaigns - while you focus on selling more policies.

MEMBER PRICING AVAILABLE

Call 855.372.0070.

Domina�ng

✔ Widgets

✔ Directories

✔ Content

✔ Services


.

Visit www.iiaba.net/EOContact to connect with your state association today.

the Big “I” Professional Liability Program

Prevent. Our exclusive risk management resources help your agency avoid making common preventable mistakes.

Protect.Our superior coverage through Swiss Re Corporate Solutions and our experienced claims teams are in your corner in the event of a claim.

Prosper. When you know you have the best agency E&O Protection, you can focus on growing your most important asset–your business.

Swiss Re Corporate Solutions policyholders: Don’t miss out on the invaluable risk management resources available exclusively to you. Log in to www.iiaba.net/EOHappens to access claims statistics, prevention tools, insightful articles and more.

The Big “I” and Swiss Re Corporate Solutions are committed to providing IIABA members with leading edge agency E&O products and services. IIABA and its federation of 51 state associations endorse the comprehensive professional liability program offered by Swiss Re Corporate Solutions.

Insurance products underwritten by Westport Insurance Corporation, Overland Park, Kansas. Westport is a member of Swiss Re Corporate Solutions and is licensed in all 50 states and the District of Columbia.

WHY Walk

when you can soar?A new client can lead to a satisfied long-term return customer. Keeping your current clients is also crucial and cost-effective. It takes more time and resources to recruit new business.

According to Chris DiGiovanna, vice president of Office Scheduler (OS), the average client attrition rate nationally is about 12 percent. “If you’re a good agent at a good agency, maybe it’s eight or nine percent,” said DiGiovanna, who started with OS in 2010. “This means that if you work hard and grow your book of business by nine percent this year, you’re still just breaking even from last year. What’s the solution? Client retention.”

Office Scheduler helps secure the long-term value of insurance agencies by proactively scheduling annual financial reviews with an agency’s current book of business.

“We will also check in with your new customers within their first 45 days to reinforce your start up retention efforts,” said DiGiovanna. “Our services give you a strategic advantage, improving overall client satisfaction, cross-selling opportunities and long-term client retention.”

Another service that OS provides is strategic prospecting, a vital component to building new business.

“We will help you call prospects

that have a tangible point of reference with your company,” said DiGiovanna. “We also generate follow-up calls from your event lists, seminar lists and mailing lists. We help you turn leads into customers.”

That’s really what it’s all about — getting customers and then keeping them.

“Insurance agents are built to sell,” said DiGiovanna. “Office Scheduler provides you more face time giving you the opportunity to cross-sell. We do what we’re good at, so you can do what you’re good at — Selling!”

Focusing attention on securing new clients is an important part of an independent insurance agent’s job .

OFFICE.SCHEDULER:.GROWING YOUR BUSINESS THROUGH CLIENT RETENTION

> Chris DiGiovanna is the national VP of Office Scheduler. Started in 2008 with three employees in a small garage, the company now has 100 employees nationwide and corporate offices in Redding, CA, and Baraboo, WI. For pricing and other information, contact Chris at 608.478.3011, or visit esasolutions.com/office.

WISCONSIN INDEPENDENT AGENT AUGUST 2012 14

MEMBER PROFILE

PROGRESSIVE.INSURANCE:....

WORK.SMARTER,.NOT.HARDER

Progressive introduced Flo just four years ago and she has become the marketing face of the company. She’s so popular that there’s an Australian version of Flo named Kitty. She’s so popular that people actually want to talk to her.

“Customers do call and ask to talk to Flo,” said Karen Barone, Progressive’s general manager of agency sales and distribution. Karen manages the larger of Progressive’s two distribution channels, consisting of more than 35,000 independent agencies responsible for 60 percent of Progressive’s policies in force. “Flo simplifies the shopping process and exemplifies good service and passion for all things insurance. The superstore concept makes insurance and insurance shopping less intimidating. These concepts resonate with customers and agents alike. Agents recognize the power of the superstore concept and are using Flo’s popularity to attract new business to their agencies.”

But Progressive is so much more than Flo. The company, founded by Jack Green and Joe Lewis, is celebrating its 75th year in business. At one point, this $15 billion business was a small mutual that introduced the idea of drive-in claims service. This was way back in 1937. Smarts and innovation drove the company early on and continue to do so today. Agents and customers are the beneficiaries of these innovative tools.

For example, Snapshot was introduced in 2011. It gives agents the ability to reward their best customers for driving behaviors that would otherwise go unrecognized, and attract high-value customers from the competition. The device fits into a port in the driver’s car.

“Safe drivers can save up to an additional 30 percent, and that creates happier customers and powerful word-of-mouth marketing for the agency,” said Barone, a

22-year veteran of the company.

“Snapshot customers also stay longer, which means greater value over time. Snapshot’s unique to Progressive, so independent agents have something distinctive to offer that captives can’t.”

Another tool for agents is ForAgentsOnly.com (FAO). This proprietary Web portal allows agents to efficiently handle customer policies. The end result is better service for the client.

By Eric Schwartz

Progressive Insurance is headquartered in Mayfield Village, Ohio. The company was founded in 1937 by Jack Green and Joe Lewis.

You know Flo. She’s the enthusiastic, quirky cashier who works in the insurance “superstore” selling Progressive insurance to a revolving cast of characters in TV and radio spots. If you don’t know Flo, put down your rotary phone and go to YouTube or Google right now. She’s the one with the vintage hairdo and tricked out name tag.

“Busy agents tell us that FAO quoting is fast and intuitive, and a suite of new features we call SmartView and SmartSell help agents quickly and efficiently quote, sell, service, convert old prospects into new business, improve conversion, and round their monoline accounts,” said Karen. “FAO keeps our agents up-to-date on the latest product news. Real time training is available through Knowledge on Demand.”

The Brand Express in FAO helps agents leverage the Progressive brand in their local marketing; contents include traditional tools like signs and co-brandable ads, and e-marketing tools from video content to “How To” guides for social media and local search.

Progressive has embraced technology to make life easier for agents and their customers. A recent Deloitte survey revealed that nearly 60 percent of agents in the U.S. are over 45 years of age with retirement on the horizon. Have agents, especially older agents, embraced the new tools?

According to Karen Barone, the answer is a resounding yes.

“People of all ages are interested in mobile and online offerings that meet their evolving needs,” she said. “That’s true of our customers, our employees, and certainly our agents. One of our earliest adopters of mobile ForAgentsOnly has been a Progressive agent for more than 35 years. He’s accessing FAO on his iPad to better serve customers when and where they want to do business. Agents across the spectrum are engaging us through our Facebook pages and blog, and more than 25,000 agents have already certified to sell Snapshot. We’re certainly seeing a passionate set of younger agents and sales reps adopt these new tools and technologies, but our more tenured employees and agents are quick studies, too.”

In addition, more than 12,000 agents have “liked” their Progressive state Facebook pages. Agents can learn about new marketing

initiatives, ask local sales reps questions and share best practices. The company uses closed Facebook groups to extend dialog with Progressive’s Agency Council and Agent Technology Advisory boards, and to test new agent onboarding experiences.

“We use YouTube to distribute agent co-branded digital content that can be used on Websites, social media pages, or to optimize local search listings,” said Karen.

The company also uses Facebook to connect consumers with the brand and brand icons, provide online customer service, and entertain fans with digital content like videos and games.

It is the company’s focus to help agents leverage technology and data to work smarter, not harder.

“Turnkey marketing solutions and more and easier ways to localize our advertising are all in the works,” said Karen. “We’re exploring a new try-before-you-buy version of Snapshot that will extend how our certified agents can market it. We’ll also be actively promoting our concierge level of claims service centers to agents and agency customers. While our data confirm that claimants who use our service center are significantly happier with their claims experience, too few agents and agency customers are aware of this concierge level of service.”

Agents may also not be aware of how competitive Progressive is when it comes to their best business. The company has developed a strong relationship with home underwriter American Strategic Insurance, and continues to grow the relationship to ensure they can offer agents a best-in-class home product to package with its auto product.

“We recently signed a letter of intent to purchase a minority equity stake in American Strategic Insurance’s parent company,” said Karen. “They will invest in Progressive as well. This commitment to our companies’ shared success is a clear sign to our agents that we’re serious about promoting a strong package solution in their agencies.”

It’s clear that agents and agencies are at the heart of Progressive’s rise.

“Agents have been an integral part of the success and growth of Progressive” said Karen. “We remain committed to the channel and our agents – in fact, our agency channel is as large today as it has been at any time in the history of Progressive. We’ll continue to find new ways to help agents stay relevant and meet consumers’ needs.”

Progressive Casualty Insurance Company, headquartered in Mayfield Village, Ohio (a suburb of Cleveland), has ranked #1 in personal passenger auto market share growth for the past four years. The company employs 25,000 professionals in 450 cities across the United States. Progressive is an exclusive company sponsor of the Independent Insurance Agents of Wisconsin. For more information, please visit www.progressive.com.

Karen Barone is the company’s general manager of agency sales and distribution.

She manages the larger of Progressive’s two distribution channels, consisting of more than 35,000 independent agencies responsible for

60 percent of Progressive’s policies in force.

Progressive has used Immediate Response Vehicles (IRVs) since 1994. The distinctive white SUVs transport claims professionals wherever the customer needs them.



SFM–The Work Comp Experts

Let SFM quote your workers’ compensation business. Call (800) 937-1181 or visit www.sfmic.com

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For example, someone with crossed arms is not necessarily closed off to your communication; they could be cold or it may be their “standard stance.” That being said, the average person has heard enough about body language that they can try to read into your body language. Here are five things to note when it comes to your body language.

1) DON’T CROSS YOUR ARMS. OK, you saw that one coming right? If you know anything

about body language, you know that crossed arms are a signal of being closed off to communication. To combat this, keep your arms down by your side or otherwise uncrossed. Note: When shaking hands, establish a 45-degree angle with your palm facing upwards. A hand-on-top handshake is a show of dominance while a hand-on-bottom handshake is read as much more accommodating and agreeable.

2) KEEP YOUR CHIN DOWN AND YOUR EYES UP. If you do the opposite of this — chin up and eyes down — the other person may get the feeling that you are “looking down your nose at them” which is not good. In addition to chin down and eyes up, it’s a good idea to tilt your head slightly. This has been shown to be the most “friendly” position.

3) NEVER GO TOE-TO-TOE WITH THE PROSPECT OR CUSTOMER. When you picture two people getting ready for a confrontation, what do you see? They are usually standing toe-to-toe, chest-to-chest, directly facing one another. Directly facing someone head on can be subconsciously perceived as confrontational, even if you are several feet from them. As a result, it is best to stand at a slight angle to the person you are talking to. 4) SMILE. Smiling is the one piece of body language that does have

meaning all its own. A smile sends a message of warmth, genuineness, self-confidence and professionalism. A smile can do more to build rapport and bring down the defensive walls than almost anything else.

5) THE EYES HAVE IT. If you really want to know where you stand with someone, or how they feel, focus on the eyes. The eyes are mirrors of what’s going on internally. The eyes let you know if someone is interested or disinterested, if they truly care or couldn’t care less, or whether they’re paying attention or off in another world. Here are some things to look for:

a Are their eyes glazed over?

a Are they looking around?

a Are they fighting to stay awake?

a Do they have a look of confusion?

a Are they looking right through you?

a Are they looking at their watch or otherwise looking away from you?

a Do they have an intense look?

Likewise, your eyes tell others a lot about you. Make sure your eyes say you are alert, interested and focused. Also, make sure you are making as much eye contact as possible. While body language is not a guaranteed indicator of how someone is feeling, it is a good idea to pay attention to it. Many people will make judgments about you based on your body language.

> John Chapin has more than 21 years of sales experience and is the co-founder of Complete Selling Inc. For free access to John’s whitepaper on what it takes to be successful in sales, visit completeselling.com.

While.much.has.been.written.and.said.about.body.language,.the.reality.is.that.body.language.does.not.typically.say.much.about.a.person.unless.it.is.extreme.

USING BODY LANGUAGE TO INCREASE SALES

A.smile.sends.a.message.of.warmth,.genuineness,..self-confidence. .and.professionalism.


Wireless access to the Internet has become a necessity for many people so they can stay connected. Whether you're on vacation at a resort, waiting in an airport or sitting in a coffee shop, it's likely you will be able to connect to the Internet through a wireless network provided by the property owner. Sometimes these will be offered for a small fee and sometimes they will be free. But be careful: free Wi-Fi can sometimes be a scam perpetrated by criminals hoping to steal your personal information. You could end up being the target of a "man in the middle" attack, in which a hacker is able to steal the information you send over the Internet, including usernames and passwords. And you could also have your files and identity stolen and end up with a spyware-infested computer.

The attack could even leave your laptop open to hackers every time you turn it on, by allowing anyone to connect to it without your knowledge.

HOW.THE.ATTACK.WORKS.You go to an airport or other hot spot and fire up your PC, hoping to find a free hot spot. You see one that calls itself "Free Wi-Fi" or a similar name. You connect. Bingo — you've been had! The problem is that it's not really a hot spot. Instead, it's an ad hoc, peer-to-peer network, possibly set up as a trap by someone with a laptop nearby. You can use the Internet, because the attacker has set up his PC to let you browse the Internet via his connection. But because you're using his connection, all

your traffic goes through his PC, so he can see everything you do online, including all the usernames and passwords you enter for financial and other Websites. In addition, because you've directly connected to the attack PC on a peer-to-peer basis, if you've set up your PC to allow file sharing, the attacker can have complete run of your PC, stealing files and data and planting malware on it. You can't actually see any of this happening, so you'd be none the wiser. The hacker steals what he wants to or plants malware, such as zombie software, then leaves, and you have no way of tracking him down. All that is bad enough, but it might not be the end of the attack. Depending on how you've connected to that ad hoc network, the next time you turn on your PC, it may automatically

broadcast the new "Free Wi-Fi" network ID to the world, and anyone nearby can connect to it in ad hoc peer-to-peer mode without your knowledge -- and can do damage if you've allowed file sharing. Security company Commtouch (previously Authentium Inc.) has found dozens of ad hoc networks in Atlanta's airport, New York's LaGuardia, the West Palm Beach, Fla., airport and Chicago's O'Hare. Internet users have reported finding them at LAX airport in Los

Angeles. Commtouch did an in-depth survey of the ad hoc networks found at O'Hare, visiting on three different occasions. It found more than 20 ad hoc networks each time, with 80 percent of them advertising free Wi-Fi access. The company also found that many of the networks were displaying fake or misleading MAC addresses, a clear sign that they were bent on mischief.

HOW.TO.PROTECT.YOURSELF.The easiest way to protect yourself from Wi-Fi fraud is to not connect to any free wireless networks. If you're in a coffee shop, airport or hotel that has a legitimate Wi-Fi connection for a small fee, it's worth the price for peace of

mind. Ask the business' staff if there is a hot spot available and get the name from them. Mobile device users should make sure they have downloaded all the security updates for their operating systems. If you function in a wireless environment on a regular basis, you are better off spending the money on a wireless card that you get through AT&T, Verizon or Sprint. This way, you have your own relatively secured wireless connection. This is what I do for access. If you choose to take advantage of free Wi-Fi availability, here are some things to keep in mind:aNever connect to a “computer-to-computer” network. When choosing a wireless network, check out the description of each one. A normal wireless network is simply called “wireless network” not a “computer-to-computer” network. aUse HTTPS to access Webmail and avoid protocols that don't include encryption. aTurn off your computer's file sharing capabilities. The instructions will vary slightly depending on what computer system you're using (Windows XP, Vista, etc.). aUse a software firewall to further control who can connect to your computer and how. aAvoid conducting financial transactions or accessing any sensitive Websites if you aren't using an Internet connection that you know and trust. It pays to be vigilant whenever you are connecting to a wireless network. If you have any doubt about the Wi-Fi connections, then don't connect. It's just not worth the potential problems.

Free.Wi-Fi.can.sometimes.be.a.scam.perpetrated.by.criminals.hoping.to.steal.your.personal.information..

> Steve Anderson provides information to insurance agents about how they can use technology to increase revenue and/or reduce expenses. He has over 30 years experience in the insurance community. Contact Steve at [email protected] or visit www.steveanderson.com.

FREE, PUBLIC WI-FI

CAN.BE.DANGEROUS. ................TO YOUR HEALTHA.few.days.ago.I.was.sitting.at.a.local.coffee.shop.and.watched.a.young.lady.come.in.with.her.laptop..She.sat.down.at.the.table,.connected.her.laptop.to.the.free.wireless.network,.and.proceeded.to.log.into.her.online.bank.account..I.remember.thinking.at.the.time,.“That.is.a.dangerous.practice.”PROFESSIONAL LIABILITY

COVERAGE IS IN THE DETAILS

&

&

31119 BURNS_WI1_BigWisconsin_dataPrivacy APPROVED.indd 1 6/29/12 12:43 PM


NEWS FROM ACT NEWS FROM ACT

These developments, however, have multiplied the security risks that agencies must manage in order to protect their clients’ personal data.

It is no wonder then that E&O underwriters extending coverage for data breach to agencies increasingly are asking their applicants whether they encrypt or use other protective measures to safeguard this client personal data when it is being transmitted. This article explores approaches agencies can take to protect personal data in transit and then references a number of resources to assist agencies.

EncryptionA common question agents ask is: “what is encryption?” When you think of encryption consider those codes the military employs to keep conversations unintelligible to the enemy. You can find many definitions of encryption on the Internet, but I like this simple one from Microsoft:

Encryption is a way to enhance the security of a message or file by scrambling the contents so that it can be read only by someone who has the right encryption key to unscramble it. For example, if you purchase something from a Website, the information for the transaction (such as your address, phone number and credit card number) is usually encrypted to help keep it safe. Use encryption when you want a strong level of protection for your information.

Requiring a strong password to gain access to your system is an important security procedure, but it is not the same as encrypting the data within the system.

Personal.DataWhat are the types of “personal data” that are most sensitive and need to be encrypted when transmitted? The definition of “personal data” can vary by state and is contained in the state data breach notification and privacy laws, as well as in various federal laws, such as HIPAA (PHI = Protected Health Information). Insurers, too, might employ various definitions of “personal data” in their policies, so it is incumbent upon the agency to be familiar with not only the specific laws but also the coverage definitions that apply to the agency. Note also that the applicable state law is based upon the residency of the individual whose personal data is being protected, not the location of the agency. This is an important consideration for both agencies writing business in multiple states and agencies writing policies that cover individuals who reside in multiple states.

With all of the above caveats, the most commonly mentioned types of non-public, individually identifiable “personal data” covered in the laws are those such as: social security numbers, driver’s license numbers and other government issued IDs, debit and credit card numbers and pins, bank and financial account numbers, and protected health information (PHI under HIPAA). While often not mentioned in state laws, other particularly sensitive personal data that should be protected includes information commonly used for security verification (mother’s maiden name, date and place of birth, etc.) or sensitive insurance information (such as jewelry schedules).

It is important for agencies to know what types of personal information they collect, where it is retained and who has access to it. They then need to decide whether they really need to keep this sensitive information. For example, many agencies no longer retain copies of bank checks and are careful only to pass along credit card numbers to carriers, but not to retain them, so that they do

not become subject to the comprehensive payment card industry (PCI) compliance requirements. These agencies are also extremely careful to shred this personal data as soon as it is no longer needed.

Further, if the agency decides it must keep particular sensitive personal data, it should limit access to it to only those employees who need to see it, to maximum extent possible. This is particularly true for PHI. Finally, the agency should be careful to make sure that this personal data is kept off of PCs, mobile devices, thumb drives, where there is a significant risk of loss or theft.

PCs.&.Mobile.DevicesUsers of PCs and mobile devices should be trained to remove any e-mails with personal data that may be received on these devices, as soon as they are read. In addition, the agency should audit to make sure any PCs and mobile devices that can access agency applications are password protected. Further, the agency should implement software that can wipe all of the data off of these devices should they be lost or stolen, restoring them to their original manufacturer’s state.

Secure.E-mailE-mail is the first major area where agencies need to begin to encrypt their communications to carriers and clients when personal data is included. Some prominent examples of e-mails likely to include personal data include: sending insurance applications to carriers for a quote or to clients to complete or to sign, and sending insurance policies to clients.

With respect to e-mails between agencies and carriers (and general agents), ACT recommends that Transport Layer Security (TLS) secure e-mail be implemented wherever possible. Transport Layer Security is an open standard that once implemented between an agency and a carrier (both parties must have

AGENCY STRATEGIES TO SECURELY SEND AND RECEIVE PERSONAL DATAThe.Internet.and.mobility.revolutions.have.enabled.agents.and.their.clients.to.live.in.an.electronic.world.where.the.parties.can.work.and.communicate.with.each.other.from.anywhere,.opening.up.wonderful.new.opportunities.for.agencies.to.reach.out.to.new.consumers.and.provide.their.clients.with.enhanced.services.and.responsiveness..

TLS implemented), all of the e-mails between the partners go securely in a manner that is transparent to the end users. In other words, the agent or carrier underwriter does not have to go to a proprietary Website to pick up each e-mail (which many underwriters will not do and is inefficient for agency employees to do). Transport Layer Security is a great solution for business partners where there are frequent e-mail communications going back and forth.

Many agencies can implement TLS if they have e-mail servers or hosted solutions that offer TLS. We recommend that the agency’s technology person handle the initial TLS set up. This person should also verify that the TLS is working properly with each carrier and general agent. You will find a number of resources that explain TLS secure e-mail more thoroughly on the ACT Website (see “ACT Resources” later in this article), including a list of carriers which have advised us that they have TLS available.

Unfortunately, most agency clients will not have TLS capability and therefore, TLS is not a solution for communications with them. This will require the agency to implement a proprietary e-mail solution as well for these clients. When the agent sends a secure e-mail to the client using one of these proprietary solutions, the client accesses it on the e-mail vendor’s secure Website. The secure e-mail tool also enables the client to send a secure e-mail back to the agent, which is very helpful when the client is being asked to complete a D&O application, for example. Fortunately, there are a number of vendors which can help agencies with both TLS hosted e-mails and proprietary e-mails, as well as to provide many other useful tools. (Two examples of such vendors are AppRiver and RPost.)

Real.TimeToday, e-mail is used heavily to convey applications and other information between agencies and carriers and general agents, particularly in commercial lines. It is important to note, however, that Real Time offers a more efficient and secure method to handle these communications, where the communications are automatically encrypted

and kept within the agency’s and carrier’s management systems.

Agencies are heavily using Real Time for personal lines and we need to increase the usage in commercial lines. Many agencies and carriers are already using Real Time to submit commercial lines applications and

make quote requests for small commercial business, and some have started to use their real-time functionality to make mid-commercial submissions.

In addition, there is great potential for the industry to use Activity Notifications to communicate other types of messages directly between the parties’ systems (such as the need for more underwriting information), without having to manage a

morass of e-mails in employees’ mailboxes.

We urge agencies and carriers to continue to push the use of Real Time within their organizations and with their business partners, particularly for commercial lines transactions and communications. Real Time is the workflow of the future for commercial lines, as well as personal lines. E-mail is not.

Agency.WebsitesIt is also critical that agencies provide secure Website connections for consumers when they ask the consumer to provide personal data on the Website – to receive a quote, for example. The Website should create a secure “https” tunnel before the consumer can fill out any form that asks for personal data, just as you would experience when purchasing something online or banking online.

In addition, if the agency provides a “non-https” protected free-form text field which the consumer can use to contact the agency and make requests, there is some risk the consumer will enter private, personal data. Therefore, it is a best practice to take one of the following steps with regard to this free-form text field: (1) to secure it, (2) change it to specified fields that ask only for basic contact information, such as name, phone number, e-mail, address, or (3) include a note with the free-form text field that it is not secure and should not be

used to provide any private personal data.

If the agency provides clients with the capability to access their insurance information or documents online, the Website should create an “https” connection before any information can be accessed. Once again, agents should work with their Website provider to help them with the technical aspects of creating this secure Website capability.

Some agency E&O providers also require the agency to post a privacy statement on its Website(s), if there is an option for the consumer to submit personal data through the Website. It is important that the agency customize its privacy statement to track the agency’s particular data collection, usage, sharing, and protection practices with regard to data collected through its Website(s). Honda’s financial services Website privacy statement provides a good example of the types of information that are typically included in such statements.

ACT.ResourcesThis article has covered a few of the areas agencies must manage when protecting the security of their clients’ and employees’ personal data. ACT has developed several resources for agencies to review as they establish and implement their agency’s comprehensive information security program. All of these resources are included on the Security & Privacy page of the ACT Website. These resources include a prototype agency information security policy which agencies can use as a template to build their own customized policy or as a checklist of security issues they should address.

For more on TLS secure e-mail, the ACT Security & Privacy page includes articles, FAQs, a recorded Webinar and a list of carriers which have implemented TLS. For more on securing your Website and managing potential E&O exposures arising from the Website, see the article “Don’t Get Caught in the Web.”

> Jeff Yates is executive director of the Agents Council for Technology (ACT) which is part of the Independent Insurance Agents & Brokers of America. Jeff can be reached at [email protected]. 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.

It.is.important.for.agencies.

to.know.what.types.of.

personal.information.

they.collect,.where.it.

is.retained.and.who.has.

access.to.it..They.then.

need.to.decide.whether.

they.really.need.to.keep.

this.sensitive.information.

PATIENT PROTECTION AND AFFORDABLE CARE ACT UPHELD — NOW WHAT?On June 28, 2012, the U.S. Supreme Court upheld the bulk of the Patient Protection and Affordable Care Act (PPACA), often referred to informally as “Obamacare.” The decision — long anticipated and heavily debated (before and after it was issued) — was as narrow as it gets, with a 5-4 margin in favor of finding the law constitutional.

COMMENTARY FROM COUNSEL

There are a number of business implications arising from the decision, although many of them are still foggy, at best, as PPACA has now become a central campaign issue for the November 2012 elections. There will be greater clarity on where the industry is headed as a result of PPACA when the dust settles in November. For now, here is a short summary of the decision and some commentary and questions raised for the IIAW by the law.

BACKGROUND ON THE CHALLENGES TO PPACAThe National Federation of Independent Businesses, 26 states, and several individuals had challenged the law as unconstitutional, particularly its requirement that almost all citizens buy health insurance or pay a fine. The challengers argued that this provision,

known as the individual mandate, violated the Commerce Clause of the Constitution because the federal government should not be allowed to force people to buy something. The Obama Administration argued that to implement the law, the mandate was necessary to expand health insurance risk pools to keep premiums more affordable. The expansion of Medicaid programs, driven by the threat of pulling existing federal Medicaid funds from states that refused to expand, was also challenged.

THE SUPREME COURT’S OPINIONThe Court decided a threshold question — could it rule on the law prior to enforcement of the individual mandate, which does not come until 2015? The answer: Yes. Interestingly, Congress has estimated that approximately four million individuals will choose to pay the fine rather than obtain insurance, while between 30 and 33 million people will gain coverage under PPACA (including 340,000 in Wisconsin). The decision on the merits of the law, authored by Chief Justice Roberts, first suggests limits to the expansion of federal power. He stated that the Commerce Clause did not apply because the “Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.” Roberts also rejected arguments from the Obama Administration that the mandate was valid under the Constitution’s clause granting Congress the authority to make laws “necessary and proper” to carry out its existing powers. Then, with the assistance of the four justices generally considered more liberal on such issues (Kagan, Ginsburg, Breyer, and Sotomayor) Roberts formed a majority to uphold the law on the grounds that “it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power

to tax.” There is no shortage of irony in this ruling, given the administration’s insistence during the debate leading to passage of PPACA that it was not a tax. Justice Kennedy wrote the dissenting opinion, concluding that PPACA was “invalid in its entirety.” Justices Scalia, Thomas and Alito joined Kennedy’s dissent, arguing that “[t]o say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” While upholding the individual mandate, the Court’s decision does limit the ability of the federal government to force states to expand coverage under Medicaid programs like Wisconsin’s BadgerCare Plus. Seven justices joined a portion of the decision invalidating PPACA’s provision that would have allowed the Federal government to withhold a state’s existing Medicaid allowance if it did not participate in the expansion. The Court found that because Congress cannot force a state to participate in a government program, this threat of withholding funding would be unconstitutional coercion. Under the law, Congress can still offer new money to states for Medicaid expansion, and attach conditions to those new grants. As a practical matter, invalidating the federal government’s ability to withhold existing Medicaid funds under PPACA turns the decision regarding expansion and acceptance of new Federal funds and incentives at the state level into a more political one.

ELECTION IMPACTWhile the individual mandate does not take effect until 2014, the Supreme Court’s decision and the implementation (or lack thereof) of PPACA will be a significant issue in the November Presidential Election. Not surprisingly, Mitt Romney has promised to repeal PPACA entirely. President Obama and congressional Democrats can claim victory in with PPACA’s survival.

While upholding the

individual mandate, the

Court’s decision does

limit the ability of the

federal government to

force states to expand

coverage under Medicaid

programs like Wisconsin’s

BadgerCare Plus.

WISCONSIN INDEPENDENT AGENT JULY 2012 22

> Josh Johanningmeier is the IIAW’s General Counsel. Call the Legal Services Hotline at (877) 236-1669.

STATE LEVEL IMPLEMENTATION AND BUSINESS IMPACTWisconsin Governor Scott Walker has promised to delay planning for the law’s required implementation of an insurance marketplace, known as an exchange, at least until after November, when PPACA’s future is made more clear at the ballot box. Wisconsin is not alone in holding off on studying and establishing an exchange —numerous other states have done the same. Under the law, Wisconsin will have until January 1, 2013 to show that it will implement its own exchange plan or the federal government can impose a plan in 2014. Under PPACA, each state must set up an exchange so, in theory, individuals shopping for health insurance can save time and money and better understand their options. If individual states do not move, the federal government can step in and create exchanges now that the Supreme Court has upheld the law. For small businesses and individuals — like IIAW agents and agencies—the full impact of the Supreme Court’s ruling remains to be seen and will be dependent on a host of factors, the first and foremost of which is the outcome of this November’s elections, which will tell the tale of whether PPACA is ever fully implemented. If it is, then factors

like the level of compliance at the individual and small-business level, the nature of exchanges set up by the states (or by the federal government in states that refuse to create them) and, ultimately, the actual costs of the program will all potentially affect IIAW member agencies — as producers and consumers. The national Big “I” issued a press release shortly after the Supreme Court handed down its decision, making clear its disappointment with the ruling and calling out, in particular, the impact of changes to medical loss ratios and their impact on agent commissions. The medical loss ration requirements of PPACA (already being enforced) not only have impacted agent commissions on health plans, but insurers have also noted that their anti-fraud efforts are hindered because of the categorization of spending on such programs. The IIAW will continue to update

you on PPACA implementation, through the Association Website, alerts, continuing education programs and, of course, this column. Stay tuned, it’s going to be a very interesting finish to 2012.

Chief.Justice.John.Roberts.upheld.PPACA.(along.with.four.other.justices).on.the.grounds.that.“it.is.reasonable.to.construe.what.Congress.has.done.as.increasing.taxes.on.those.who.have.a.certain.amount.of.income,.but.choose.to.go.without.health.insurance..Such.legislation.is.within.Congress’s.power.to.tax.”

Insurance underwritten by Auto Club Insurance Association or Auto Club Group Insurance Company.

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Recently,.a.major.automobile.manufacturer.introduced.a.program.offering.one.year.of.free.car.insurance.with.the.purchase.or.lease.of.eligible.vehicles..The.insurance.is.automatically.included.and.the.manufacturer.pays.for.it..

THE POTENTIAL PITFALLS OF FREE INSURANCE

The long-term viability of such a program remains to be seen but, as agents, you may have customers that acquire coverage like this or you may get questions from insureds. At this point there are many unanswered questions but here are some errors and omissions (E&O) considerations. The biggest challenges will likely come from the atypical situation where your customer might suddenly have two auto insurance policies. This raises some potential E&O implications when the coverage provided substitutes or duplicates coverage that is already in place for an auto or autos owned by the consumer and insured through an independent agent. These policies may also have different levels of limits that the insured may not

contemplate. Another consideration to be aware of is that the free car insurance program may assert that the policy can be excess of the existing policy already in place. This should be reviewed with both carriers. Many, if not most, automobile policies provide immediate coverage for newly purchased vehicles with notice requirements to continue the coverage on the newly purchased vehicle. If one of the vehicles obtained in this new program is a replacement vehicle, the consumer has a duty to notify the agent so the coverage can either be continued on the new vehicle or canceled. If the automobile obtained is a new vehicle and not a replacement, the agent may not be aware of the purchase or lease.

There are several issues that should be of concern:

a For consumers, are the deductibles and limits the same as the other policies placed with an independent agent?

a Do the “free insurance” limits meet the minimum primary requirements for an umbrella or excess policy currently in place which could result in a gap in coverage between the primary policy and the umbrella or excess policy?

a For consumers, does the “free insurance” policy match the terms, conditions and coverages of the policy that it replaces

including, but not limited to, additional drivers, towing, glass repair, medical payments, emergency road service, uninsured/underinsured motorist, car rental and travel expense, loss of earnings, use of non-owned vehicles, etc.? Does it cover other vehicles owned by the consumer?

a For consumers, if all vehicles are not covered by the company through the independent agency, are there provisions that only apply if all the vehicles are insured with that company?

a Are the other autos covered under commercial auto, garage keepers or a similar policy? Are there provisions in those policies that may be in conflict with the “free insurance” policy?

a What happens after the one-year policy expires? The customer will have to be alert and diligent in continuing coverage or finding an alternative insurance policy with an independent agent. This could lead to last minute submissions to the agency that could create issues such as gaps in effective dates.

a Upon expiration of the free policy form and placement with another carrier, be sure to review the policy for any differences in

policy provisions or gaps in coverage and communicate these in writing to the customer.

a What if your insured is required to show proof of insurance and that proof is filed with a state motor vehicle department? Will the “free insurance” provide satisfactory evidence of insurance similar to an SR-22 filing?

This is not an exhaustive list but it points out some basic issues. So what should you do? If you become aware of a customer who has obtained one of the vehicles under one of these programs, have a discussion with them to determine if there are any areas of concern. Be sure to review their current policy or policies to make sure there are no gaps or conflicts. Make a note of the expiration date and contact them as that date draws near to try to obtain replacement coverage when that policy expires. It is impossible to anticipate all of the potential issues that could arise as result of this type of program, but by being aware and cognizant of the potential issues, you can help to reduce your exposure to an E&O issue.

Use this article for general informational purposes only; it is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group ("Swiss Re") and/or its subsidiaries and/or management and/or shareholders.

When considering “free”

insurance, are the

deductibles and limits

the same as the other

policies placed with an

independent agent?

ERRORS & OMISSIONS

> Richard F. Lund is a VP and senior underwriter of Swiss Re/Westport. Richard thanks Paul Buse, David Hulcher and Bill Wilson of the IIABA for their assistance with this article.

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Possessing.the.correct.skill.sets.for.a.position.in.today’s.economy.is.absolutely.essential.—.but.it’s.not.enough.to.be.a.star.performer..With.so.much.emphasis.on.job.qualifications,.it’s.easy.to.give.little.thought.to.certain.personal.qualities.that,.when.combined.with.outstanding.competencies,.result.in.extraordinary.performance.

SEVEN QUALITIES THAT PRODUCE STAR PERFORMERS

WISCONSIN INDEPENDENT AGENT 26

And it’s the star performers that are missing today. In a recent study of 600,000 people, Indiana University’s Kelley School of business found that individual performance doesn’t fall on a bell curve. Rather, the researchers found a “power-law” distribution, with a few elite performers contributing the most to the productivity of an organization. Is productivity destined to be the domain

of a few or is possible that star performance can be achieved by looking beyond the right skill sets? It may take a combination of job competencies and certain personal qualities to drive top performance. Here are seven personal qualities that can make a difference in the workplace:

A willingness to speak up. To set the record straight, blathering at the after-work

watering hole and texting don’t count. In other words, complaining doesn’t count. Speaking up is about expressing thoughtful ideas, offering suggestions, taking exception to things when appropriate, and coming to your

own defense when you believe you’ve been wronged. More than anything else, speaking up expresses a commitment to your work and your employer. It sends the signal about something important: you think for yourself, a capability that’s lacking in business. In a highly competitive business environment, those who spend their working

lives keeping “a low profile” may find that their tenure is shorter than expected.

A sense of modesty.

At the start of the commencement season, WSJ Global Vision columnist, Brent Stephens, offered advice to this year’s graduates. At one point he wrote, “Your prospective employers can smell BS from miles away. And most of you don’t even know

how badly you stink.” But self-puffery isn’t limited to recent graduates; it’s pervasive. Just read online self-profiles and self-serving recommendations. There is the sadly mistaken notion that this is the way to do it because everyone does it. Being the exception by letting your ideas and performance speak for you may be the way to attract the attention of those who are looking to align with competent people.

People who don’t fall for “magic bullet” answers. It’s so easy to be prisoners of

our inclinations — to the point of actually distorting reality. In a recent insurance

publication, an agent states, “Not being on social media is like starting an insurance agency but not having a Website and not showing up at meetings.” The assumption seems to be that unless such advice is heeded, an agency is headed for failure. In fact, the same agent suggests that failing to join certain sites isn’t an option. “I think that not doing something actually is not neutral . . . [it’s] a negative branding signal.” It’s easy for businesses, both small and large, to fall prey to “magic bullet” solutions. They are dangerous because they drown out rational thought and force decisions that take the focus away from reaching sound business objectives.

People who are ruthless with themselves. Self-knowledge is perhaps the most

critical trait that star performers share. A young, competent event planner alienated a key partner with her aggressive, demanding approach. When she learned of the partner's dissatisfaction, she sought advice on how to change and was so successful that the partner declared she had undergone a metamorphosis and was a joy to work with. David McCullough, Jr., a teacher at Wellesley High School, was equally ruthless in his 2012 graduation remarks. With utter clarity, he stated, “You are not special. You are not exceptional.” He went on to say, "You see, if everyone is special, then no one is. If everyone gets a trophy, trophies become meaningless. ... We have of late, we Americans, to our detriment, come to love accolades more than genuine achievement." Achievement comes from being ruthless with ourselves.

People who possess a deep understanding of the customer. While this should be

obvious by now, it isn’t. Far too many of us have substantial difficulty recognizing that customers can either help or hurt a business. If you want proof, just visit any nearby store

MARKETING MINUTE MARKETING MINUTE

> John Graham of GrahamComm is a marketing and sales consultant and business writer. He publishes a monthly eNewsletter, “No Nonsense Marketing & Sales.” Contact him at [email protected], 617.774.9759 or johnrgraham.com.

or speak with almost any “customer service representative.” A customer of a neighborhood supermarket that’s part of a large chain responded to an electronic message asking for comments about the store, indicating that there were personnel issues and problems with the freshness of the produce. When the information got back to the store manager, the produce department changed dramatically and personnel improvements were quickly evident. What’s interesting is the store’s management team had long been aware of these particular issues, but nothing happened — until a customer became involved. “Our neighborhood needs a supermarket where we want to shop,” said the customer to the manager. “And we want to help.”

People who avoid using jargon. They may not be the worst words in the world of

business, but they’ll do until something else comes along. Here they are: “I thought I would reach out to you.” What’s wrong with “reach out”? It’s pompous. And the list is endless — bleeding edge, core competency, best practices, leverage, scalable, robust, and impact. There are many others, but you get the picture.

The problem with jargon is that the words don’t have concrete meanings. Jargon is a substitute for clear thinking and communicating accurately. When you see or hear it, it should be a red flag, indicating that the person using it is incompetent. If you insist on being part of the jargon crowd, go ahead and use it. You have permission to embarrass yourself.

People who work without earbuds. Many workplaces have gone silent, compared

to the way they were even in the recent past. They’ve become “quiet zones.” There’s almost no talking and the phones gather dust, thanks primarily to e-mail and texting. And it’s not all bad, to be sure, particularly if you work in an open office environment that’s home for most of us during the day. But that’s not all. There are the pervasive earbuds, which send quite a different message, consciously or unconsciously. They are the new “Do not disturb” or “Leave me alone; I’m in my own little world” signs, replacing the closed office door that sent the same messages. We feel as if we’re invading the privacy of those wearing earbuds and we feel guilty as they yank them off, as if to say, “Why are you

disturbing me?” It seems that more and more of us want to be left alone, to be isolated from everything and everyone else, particularly when working. Earbuds may be a way of asserting our independence or expressing disdain for what we are required to do on the job. While much office chatter was totally trivial and wasted time, the opportunity for interaction through “conversation” could be stimulating, an effective way to understand each other better, and a contributor to increased productivity, something that’s suffering today.Well-honed skills are more essential than ever. Yet, certain personal qualities are also critical for creating star performers in every job and profession.

★1

★2

★4

★5

★6

★7

★3


F R O M T H E A R C H I V E S

William.Jones,.a.Racine.firefighter,.accepted.a.plaque.on.behalf.of.the.Racine.Fire.Department.for.receiving.a.first.class.department.rating..From.left:.Gene.Aredsen,.president.of.the.Racine.Big.“I”;.Kenneth.Albers,.chief.of.the.Delafield.Fire.Department.and.president.of.the.Wisconsin.State.Fire.Chiefs’.Association;.and.William.Jones.

Now.that.Wisconsin’s.historic.gubernatorial.recall.election.is.over,.the.attention.of.political.insiders.and.enthusiasts.across.the.state.has.turned.to.the.fall.elections..Outside of the presidential race, the election generating the most interest is the race for Wisconsin’s U.S. Senate seat, which is being vacated by Herb Kohl. The contest will pit U.S. Congresswoman Tammy Baldwin (D-Madison) against one of four Republican candidates who will square off in the August GOP primary. Baldwin is the only Democrat seeking the Senate seat. The contending Republican hopefuls include former Wisconsin Governor Tommy Thompson; current State Assembly Speaker Jeff Fitzgerald; former U.S. Congressman Mark Neumann; and Madison businessman Eric Hovde. The Republican primary, slated for Aug. 14, is only days away, but outside of Tommy Thompson, most voters are still learning about the GOP candidates In fact, Thompson’s name recognition has made him the presumptive frontrunner in a race that has been largely overshadowed by the recall election. A mid-June poll conducted by Marquette University Law School found the former governor has the highest name identification

among registered voters at 84 percent. The next closest GOP candidate was Mark Neumann at 48 percent name recognition. In addition to Thompson’s status as the best known Republican in the crowded primary, the Marquette poll also found that he continues to lead his GOP opponents by a very comfortable margin. Thompson leads the pack of Republican hopefuls with 34 percent of support among

respondents who said they planned to vote in the GOP primary. He is followed by Mark Neumann at 16 percent, Eric Hovde at 14 percent and Jeff Fitzgerald with 10 percent. However, roughly 25 percent of respondents were undecided. Not surprisingly, given his popularity during his 14 years as governor, the Marquette survey also found Thompson had the highest favorability rating among likely GOP primary voters:

THOMPSON •.60%.favorable...•.27%.unfavorable...•.13%.undecided

NEUMANN •.38%.favorable...•.18%.unfavorable...•.44%.undecided

FITZGERALD

•.30%.favorable...•.16%.unfavorable...•.53%.undecided

HOVDE

•.22%.favorable...•.11%.unfavorable...•.67%.undecided

Although Baldwin is running unopposed for the Democratic nomination, the Marquette poll measured her favorability rating among likely Democratic and Independent voters. The survey found that Baldwin is viewed favorably by 54 percent of Democratic-leaning voters, while 8 percent viewed her unfavorably and 38 percent were undecided. The poll also surveyed likely voters in the general election and found Thompson fared the best among the GOP field in a head-to-head match-up with Baldwin:

THOMPSON 49% — BALDWIN 41%

NEUMANN 44% — BALDWIN 44%

BALDWIN 45% — FITZGERALD 39%

BALDWIN 45% — HOVDE 36%

Additionally, a recent Rasmussen Reports poll reinforced the conventional wisdom that Thompson has the best chance to defeat Baldwin in November. The survey of likely voters found Thompson with a 52 percent to 36 percent lead, with six percent undecided.

Despite the strong lead Thompson enjoys in the polls, the GOP primary contest could still produce a surprise. Due to the preoccupation with the recall election throughout the spring – along with the quick transition into the summer vacation season – most voters did not begin to pay attention to the Senate race until after the Fourth of July holiday. As the Marquette poll found, 25 percent of likely GOP primary voters are undecided on which candidate they plan to support. As voters begin to learn more about the candidates not named Tommy Thompson in the days leading up to the election, the race could tighten and a dark horse candidate could claim victory on Election Day.The IIAW has not endorsed a candidate in the Republican primary, but will continue to closely monitor the contest and keep members informed.

WISCONSIN’S POLITICAL ATTENTION TURNS TO U.S. SENATE RACE

> Tim Hoven is the founder of Hoven Consulting in Madison, Wisconsin. Tim also served in the Legislature from 1994 to 2002. Hoven Consulting is the Government Affairs team for the IIA of Wisconsin.

Despite the strong lead

Thompson enjoys in the

polls, the GOP primary

contest could still

produce a surprise.

GOVERNMENT AFFAIRS

Jeff.Fitzgerald

Tommy.Thompson

Mark.Neumann

Eric.Hovde

GOP Primary Candidates For U.S. Senate

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Food for Thought

Taken on Aug. 14, 1945, this famous photo by Alfred

Eisenstaedt captured a spontaneous kiss between

a sailor and nurse in Times Square after Japan

surrendered, ending WWII. The people in the photograph

were not identified in the original Life magazine story.

Over the years, many people have claimed to be the

subjects. The identity of the nurse in the photograph was

not known until the late 1970s, when Edith Shain wrote

a letter to Eisenstaedt saying she was the woman in the

picture. In the 40s she didn’t think it was dignified to be

photographed kissing, but she said times had changed.

Of all the nurses claiming to be the one, Eisenstaedt has

only backed Shain. Shain, who died in 2010 at the age of

91, recalled the moment. She said that a sailor grabbed

her in an embrace and kissed her, and she thought she

might as well let him kiss her since he fought for her

in the war. Several men still claim to be the sailor in

the photo. The one who stands out the most is Glenn

McDuffie, who was 18 when the photo was taken. In

2007, the Houston Police Dept. forensically analyzed his

face and body. The analysis

compared the Eisenstaedt

photographs with current-day

photographs of McDuffie,

analyzing key facial features

identical on both sets. McDuffie

has passed five polygraph

tests confirming his claim.

Sources: famouspictures.org,

cooltoplist.com, wikipedia.org

E.T., PHONE HOME FOR BETTER BUSINESS ADVICE

Hershey’s Reese’s Pieces exploded in popularity after being

showcased in the 1982 film, E.T.: The Extra-Terrestrial. It may have

never happened if Mars, Inc., the makers of M&Ms, had said yes to

putting their product in the movie. It’s not known exactly why Mars

said no to Steven Spielberg. Hershey did not pay to have Reese’s

Pieces used in the film. Hershey agreed to promote E.T. with $1 million

in advertising and could use E.T. in its ads.

Source: snopes.com

STORY BEHIND THE V-J DAY KISS

Documents

August 2012 Magazine