March 2005 National Association of Professional Insurance Agents

Diane Koken, president of theNational Association of Insur-ance Commissioners (NAIC),

said commissioners met recently withNew York Attorney General Eliot Spitzer.Koken, the Pennsylvania insurance com-missioner, told A.M. Best the meeting washeld to discuss the recent settlementagreement with Marsh & McLennan Cos.,and related issues.

Beyond that, Koken is being tight-lipped about the Spitzer meeting. Shedeclined to offer any details to a reporterfor the National Underwriter.

It is not known whether the discussionswith Spitzer touched on the NAIC’sModel Compensation Disclosure Amend-ment to the Producer Licensing ModelAct, which was passed December 29,2004 on a split vote of 30-15 with 3abstentions. PIA is opposed to the modelas it is currently constituted.

The next chapter in this ongoing storyoccurs in Salt Lake City, Utah on March14, when a public hearing will be held.Koken said responses to an NAIC list ofsix questions that is now being developed,and comments at the hearing, will be usedto help determine whether the NAICshould make more changes to the produc-er licensing model.

In February, Koken raised the possibili-ty that no additional action would betaken. Koken told A.M. Best that Subsec-tion B may not be added to the amend-ment that has already been adopted.

“We want to make sure what we aredoing is the right approach — by that Imean a balanced approach.” Koken said atthat time, adding “It’s possible to leave themodel law where it is. That may be theresult.”

The NAIC president said that a 90-daydeadline some had given for action to be

More at the NEW www.PIANET.com

PIA Troops Fan Out Across the States pages 8-9

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NAIC Commissioners Meet SpitzerNo Comment on Details of Talks Ahead of NAIC Meeting

President’s Letter PIANational President Terry Adams on how it is heartening when things work as theyshould. page 2

Renewing TRIA Why mustTRIA be renewed? Two words: marketstability. PIA’s Pete Bizzozero on gettingthat message across to Congress. page 3

Fiduciary Model With theNAIC poised to approve a tough newmodel on fiduciary responsibility in howpremium accounts are handled, TimKovak has a practical assessment. page 5

Class Action ReformPresident Bush signs the Class ActionFairness Act into law. page 6

‘Fat’ Lawsuit SettledMcDonalds pays $8.5 million to settle alawsuit over the type of fat it uses in itscooking. page 6

Just Tell It Like It Is Thereputations of honest professionalinsurance agents can be harmed bysensational, inaccurate media reporting.PIA National’s Ted Besesparis on thedamage that can be done by a “mediafrenzy.” page 7

PIA Takes It to the StatesPIA National, PIA affiliates and PIAmember agents fan out across the stateson a key issue of concern. pages 8-9

PIA 2005 FLS The 2005 PIAFederal Legislative Summit will be held on April 7. You still have time to join your fellow PIA members in Washington,D.C.! page 11

IVANS New AgentExpressBill Jenkins on why it’s a win-win foragents. page 13

PIA Main Street Store It’swhere we do business! page 15

Continued on page 14

Freshman Class of 2005: Representative Bob Ney, R-Ohio, lower right, chairman of the House Administration Committee,poses with the incoming freshman class of the 109th Congress on Capitol Hill. PIA members are preparing for the 2005 PIA Federal LegislativeSummit, to be held on April 7, 2005.

March 2005 2

www.pianet.com

It is always reassuring when things work theyway they should.

Ever since the broker disclosure issue emergedlast October as one of our primary issues of focus,much of the day-to-day activity of PIA as anorganization has been devoted to it. In this edi-tion of PIA Connection, you can read a report onmany of the ongoing activities directly related tothis key issue.

I won’t go into all the details here. Instead, I’dlike to take you behind the scenes to illustrate how PIA addressessuch issues in today’s fast-paced, dynamic marketplace.

Since the initial news broke about the Spitzer lawsuit, PIANational and our PIA state and regional affiliates have persued acoordinated strategy. Under PIA National’s structure, such publicpolicy issues are dealt with and our positions determined by ourpolicy committees.

In this case, the Business Issues Committee and the RegulatoryAffairs Committee have taken the lead on matters relating to com-pensation disclosure, setting policy and coordinating activitiescarried out by PIA National. Other committees such as FederalAffairs and Image are also involved.

These committees chart the course. Then, our professional staffat PIA National handles the details.

PIA’s structure as a grassroots-driven association, our steadfastsupport of state regulation of insurance and our decades ofinvolvement with states and the NAIC gives PIA unique credibili-ty whenever we weigh in on a particular issue.

There is something else, too. PIA’s national office is focused andnimble. So are our policy committees. Our association does nothave a top-heavy bureaucracy. That makes it possible to take a“rapid response” approach when it’s needed.

Another key element is the fact that right from the start, PIANational and the PIA state and regional affiliates have acted inclose coordination. Everybody is on the same page.

Perhaps the most important thing is the fact that PIA will notcompromise its core beliefs and principles. Sometimes compro-mise is possible, but sometimes it is not.

Add to this the positive change in attitude about PIA that hasoccurred. A “can-do” culture of success fostered by our able execu-tive leadership at PIA National is now starting to permeate ourentire association.

It’s impossible to achieve complete perfection. But it is hearten-ing to see examples of things working the way they should.

Terry AdamsPresident

PresidentTerry R. Adams (OR)terryadams@reinholdtins.com

President-ElectRay L. Peretti, CIC, FMS (WA/AK)hubinsagy@aol.com

Vice PresidentDonna L. Pile, CIC, CPIW (KY)dlpagp@iglou.com

Secretary/TreasurerRobert P. Page (LA)cpageinsurance@aol.com

Immediate Past PresidentCarl G. Stoecklin, CIC, CPIA (OH)cstoecklin.broz@fuse.net

Executive Vice PresidentLen Brevik (PIA National)lenbr@pianet.org

PIA National Image Committee ChairmanGene Hayes, CIC (VA)ghayes@bankersinsurance.net

Publisher/Editor-in-ChiefTed Besesparistedbe@pianet.org

Managing EditorAlexi Papandonalexipa@pianet.org

Government/Regulatory AffairsExecutive EditorPatricia A. Borowski, CPIW, CAEpatbo@pianet.org

Contributing EditorsPeter Bizzozero Kellie Bray Tim Kovac

Production EditorLaurel Prucha Moranlaurel@blueroomstudio.com

PIA Connection is published ten times yearlyby the National Association of ProfessionalInsurance Agents.400 North Washington Street,Alexandria,Virginia 22314©2005 All rights reserved.

The information in this publication is generalin nature and is not intended to serve aslegal, accounting, financial, insurance, invest-ment advisory or other professional advice asto any reader’s particular situation. Users areencouraged to consult with competent legal,financial, insurance, investment advisory andor other professional advisors concerningspecific matters before making any decisionsand we disclaim any responsibility for anydecisions or actions by readers.

All PIA members receive PIA Connection at themember subscription rate of $12.00 per year.Non-member subscriptions available at$24.00 per year ppd.For additional information on any of the subjectsaddressed in this publication, please access thePIA National website at www.pianet.com

From the President

By Pete BizzozeroAssistant Vice President, Federal AffairsPIA National

Congress must renew the Terror-ism Risk Insurance Act. Why?There are many reasons but

one guiding imperative: the stability ofthe property and casualty insurancemarketplace.

Legislation extending the TRIA bytwo years has been reintroduced in theSenate. The primary cosponsors of thelegislation are Sens. Robert Bennett (R-Utah) and Christopher Dodd (D-Con-necticut). The bill was introduced forthe first time last summer, but the pro-posal died in the House, despite wide-spread bipartisan support in the Sen-ate. TRIA is scheduled to expireDecember 31, 2005.

TRIA extends a federal backstopagainst catastrophic terrorist attacks.This backstop was needed when TRIAwas enacted in 2002, and it is neededtoday and for the near-term.

Greenspan BoostsTRIA

On February 17, Federal ReserveChairman Alan Greenspan told mem-bers of Congress he is not persuadedthat the private market alone can workwell enough to insure against the con-tinuing threat of terrorist attacks. Topintelligence and military officials fromthe Administration report that terroristsare regrouping and planning possiblenew attacks against the United States.

Responding to a question from Rep.Sue Kelly (R-New York), Greenspansaid he still agreed with his commentsto Kelly in a September 2004 letter, inwhich he said “even with TRIA, rein-surance appears to be virtually nonex-istent for catastrophic damages fromnuclear, biological, chemical and radi-ological attacks.”

“Private markets work exceptionallyefficiently in a civilized society in

which domestic violence or violencecoming from abroad is not a centralfactor,” Greenspan told the committee,adding that “you cannot have a volun-tary market system and the creation ofmarkets, especially insurance markets,in a society subject to unanticipatedviolence. There are…regrettableinstances in which markets do notwork, cannot work. And while I thinkyou can get some semblance of terror-ism insurance, I have not been persuad-ed that this market works terribly well.”

As each month goes by withoutdefinitive or clear indication of Con-gressional action on this issue, reinsurersare able to, and most likely will, reassesstheir terms, conditions, pricing, limitsand overall availability of coverage forthis exposure. The challenge this pres-ents to our insurers is that for every dol-lar an underlying direct insurer can’treinsure and takes on without reinsur-ance/TRIA certainty of coverage beingavailable, is one dollar that insurer can’tmake available for other insurance linecapacity elsewhere.

As agencies move further into thiscalendar year, they must prepare forwaves of coverage changes being intro-duced by insurers, if prospects for aTRIA extension that is financially prac-tical for the insurance sector do notimprove. Remember, TRIA is set toexpire December 31, 2005, and currentlaw has no “soft” or transitional landingfor coverage/reserve termination.

We All Need TRIAThe need for TRIA is not confined

to any one city, state or region of thecountry. Terrorism coverage is beingrequired more and more by lenders oftheir commercial insurance borrowers,on any sizable commercial loan any-where. Having this coverage availableand affordable for small and mid-sizecommercial insureds—the customersof PIA agencies—is critical.

The message PIA is taking to Capitol

Hill is clear: for the insurance stabilityand availability of property and casual-ty insurance, for all lines and classes ofinsurance in all states, our market-place—and our nation—needs TRIA.

PIA National was instrumental inhelping get TRIA enacted in 2002.Now, PIA will continue to fight hardfor TRIA’s extension, with the help ofevery PIA member across the coun-try—because what’s at stake is the cov-erage our clients need. ■

Pete Bizzozero petebi@pianet.org is assis-tant vice president of federal affairs for PIA National.

3 March 2005

www.pianet.com

Why Must TRIA Be Renewed? Market StabilityPIA Supports the Two-Year TRIA Extension Bill

March 2005 4

www.pianet.com

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ADR263-2002

By Timothy K. KovacDirector of Business and Compliance AffairsPIA National

In June of 2004, the NAIC AntifraudTask Force released a study high-lighting premium diversion cases.

Of the twenty states polled, nineteenreported significant premium diversionviolations.

Concerned with these increasingcases of premium diversion by insur-ance agents, the National Associationof Insurance Commissioners’ (NAIC)Antifraud Task Force has been workingon a Fiduciary Responsibility Model toprovide strict rules governing thereceipt, deposit and transfer of fiduci-ary funds by insurance producers.

While PIA National continues toengage in discussions with the NAICin an effort to improve the model, it isclear that the model will be adopted insome form. To prepare for thisinevitability, it seems prudent to dis-cuss what fiduciary obligations inde-pendent insurance agencies currentlyowe and what further obligations themodel may impose.

Current FiduciaryObligations

Almost every state in the UnitedStates has either a statute or regulationthat requires insurance agents to hold allpremium funds received for an insurer ina fiduciary capacity. In practice, thismeans that it is against the law for aninsurance agency to use premium fundsfor the agency’s operating expenses.This may or may not be as common apractice as the NAIC contends, butagencies must be aware that this is a vio-lation of the law and cannot be con-doned. States will be looking very care-fully for these types of violations.

Independent insurance agenciesmust also follow the requirements of

the carriers with whom they areappointed. These requirements willprovide instructions as to the transferof funds to and from the account,including the timeframe for remittanceof premiums to the carrier and forfunds that must be returned to the cus-tomer.

The NAIC ModelUnder the NAIC model, agencies

must place all premium funds collectedor received directly into a checking,demand, savings or other account cre-ated for the specific purpose of holdingfiduciary funds. The account must beheld in a federally insured financialinstitution and must be strictly desig-nated as a fiduciary account. Theagency must also keep strict recordsdetailing which beneficiaries own thefunds in the account. The records mustbe sufficient to clearly document own-ership if called upon to do so.

Additionally, the NAIC model willimpose a specific time period in whichreceived or collected fiduciary fundsmust be deposited in the fiduciaryaccount. That time period may be any-where from within 24 hours of receiptto three business days from receipt ofthe funds. The agency will also have todocument receipt of the funds in thatsame timeframe.

The NAIC model will also specifi-cally designate what types of distribu-tions of fiduciary funds will be permis-sible. Examples include payingpremiums directly to insurers, return-ing premiums to insureds, withdrawingvoluntary deposits made by theagency, transferring accrued interestinto the agency’s operating accountunder certain circumstances, and trans-ferring commissions from the account.The model will strictly prohibit othertypes of transfers.

The model will also prohibit thepersonal use of fiduciary funds, includ-ing using or allowing the use of fiduci-ary funds as a personal asset, improperreporting of fiduciary funds on finan-cial statements, and authorizing theseizure or withholding of funds by thefinancial institution in which the fundsare deposited unless permitted by courtorder.

Any violations of these require-ments could result in loss of theagency’s license and prosecution undercriminal statutes for the crime of theft.

As is the case with other issues cur-rently haunting the insurance industry,a few “bad actors” are pushing states toenact laws aimed at preventing furtherviolations. PIA has held steadfast to thebelief that PIA members follow the let-ter of the law and take their compli-ance obligations very seriously. Butgiven the regulatory climate underwhich we now operate, it is imperativethat each agency closely examines itscurrent procedures for handling premi-um funds to ensure that they align withwhat the law requires. ■

Timothy K. Kovac timko@pianet.org is direc-tor of business and compliance affairs for PIA National.

5 March 2005

www.pianet.com

Fiduciary Responsibilities Associated with HandlingPremium FundsNAIC Poised to Approve Model With Strict Rules

One day after the House passed it, President Bushon February 18 signed the Class Action FairnessAct (S. 5) into law. House passage by a 279-149

vote followed passage one week earlier by the Senate. The key provision in the bill redirects many class action

lawsuits from state courts into the federal court system. It isintended to curtail what is known as “venue shopping” inwhich lawyers bring large national class action suits inmore favorable state courts. The bill establishes federalauthority over interstate cases in which plaintiffs’ claimsare over $5 million in the aggregate, while maintainingexclusive state authority over strictly intrastate cases.

“The Class-Action Fairness Act of 2005 marks a criticalstep toward ending the lawsuit culture in our country,”President Bush said as he signed the bill. “The bill will easethe needless burden of litigation on every American work-er, business and family.”

Supporters, including many in the insurance industry,contend that the bill will limit “lawsuit abuse,” which theymaintain drives up the costs of doing business. Opponentsargue that the measure unfairly restricts the ability of con-sumers to sue for damages caused by defective products,fraud in the marketplace or discrimination. ■

March 2005 6

www.pianet.com

Bush Signs Class Action Reform Into Law

McDonalds Settles ‘Fat’ Lawsuit for $8.5Million

Fast food giant McDonald’s has agreed to donate $7million to the American Heart Association to settle law-suits over the type of fat it uses in its cooking.The chainwill also spend $1.5 million to raise awareness of theunhealthy effects of trans fats, as part of the settlementsreached over an action brought by a San Francisco Website, bantransfats.com, and a separate nationwide classaction suit.

Bantransfats.com brought its lawsuit against McDon-ald’s because the food chain failed to live up to a prom-ise it made in September 2002 to customers that itwould reduce its use of trans fats. Health experts saytrans fats meant to increase the shelf-life of cooking oilboost cholesterol levels considerably.

The company said in a statement that it has beensuccessful in reducing trans fat levels in many of itsproducts and “continues to work hard on our initiativeto reduce TFAs in our cooking oil.”

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By Ted BesesparisVice President, CommunicationsPIA National

In my previous career as a reporterand talk show host, I became veryfamiliar with how the media can,

and often do, distort and sensationalizethe news. Now that I work for honestpeople—PIA members—I am gettingto see from the other side how a mediafrenzy can cast a shadow on those notinvolved in alleged wrongdoing.

As this is being written, we are inthe midst of a flurry of activitiessparked by the actions taken by NewYork State Attorney General EliotSpitzer. His allegations of bid-riggingagainst a major mega-broker and theresulting settlement have promptedcalls for action to strengthen brokerdisclosure of compensation.

On the public policy front, PIANational has been involved with PIAaffiliates in an effort to try to make sureany reforms that may be adoptedaddress the real problems at hand, anddo not create more problems than theysolve.

The problem is bad behavior by afew bad actors at Wall Street mega-brokerages. Of course, this point isconstantly at risk of being lost in thedynamic that always develops whenev-er serious charges of wrongdoing aremade. In this instance, there has beenno shortage of misstatements about thenature of our business and how it reallyoperates.

In such a highly-charged atmos-phere, terms such as “scandal” and“widespread corruption” get thrownaround with wreckless abandon, whichruns the risk of unfairly tainting thereputations of honest people who pos-sess the highest commitment tointegrity—such as independent insur-ance agents. Ambitious officials andself-appointed consumer activists seizethe opportunity to make names forthemselves by chasing headlines and

gravitating to television klieg lights,like moths to a flame.

Who can get hurt in this frenzy?Those who are not engaged in wrong-doing, but unfairly get painted with abroad brush because they work in thesame industry: the professional insur-ance agents who are honest, the carri-ers that engage in only ethical conduct,and clients who are confused by all thehype.

PIA is actively engaged in efforts toimpress on both policymakers and themedia the fact that getting paid a com-mission and being eligible to earn aperformance bonus is neither anti-competitive nor anti-consumer. Incen-tive-based compensation rewards pro-ductivity and encourages competition,and competition always benefits theconsumer by providing more choicesin the marketplace.

On the perception front, PIA had topublicly criticize consumer activist J.Robert Hunter for saying to Congressthat bonuses based in part on lower lossratios are “kickbacks” from insurancecompanies that provide an “obviousincentive for an agent to delay filing alegitimate claim or to improperlyadvise a consumer not to file it.” PIAalso took Consumer Reports magazine totask for advising its readers that con-sumers who buy coverage directly froma carrier or an agent who works for oneinsurer such as State Farm “don’t facethe bid-rigging problem” — but offeredno evidence that independent agentswere involved in such a practice.

Those who make such outrageousand irresponsible statements must becalled to account for them in the courtof public opinion. Or as the late Sen.Hubert Humphrey once said, “Theright to be heard does not automaticallyinclude the right to be taken seriously.”

The Spitzer investigations are alsobeing used by advocates of a federaltakeover of insurance regulation topress their point, ignoring the fact thatSpitzer is a state official who used state

law to bring his charges.News reports in December that said

Spitzer called for federal regulation ofinsurance were not accurate. He madeone ambivalent comment in an exten-sive news interview that was reportedout of context. Several days laterSpitzer said to Congress, “I wouldstrongly resist, and the states wouldfight, any attempt at preemption. Whilewe would welcome cooperation, wewould fight federalization.” Of course,no media outlet ran a correction.

One thing is certain: PIA will notstand idly by and allow our members’reputations to be tainted, their busi-nesses placed at a disadvantage andtheir clients to be offered fewer choic-es as the result of incorrect percep-tions.

As the late sportscaster HowardCosell used to say, “Let’s just tell it likeit is.” ■

Ted Besesparis tedbe@pianet.org is Vice President of Communications for PIA National.

7 March 2005

www.pianet.com

Let’s Just Tell It Like It IsAn Out-of-Control Media Frenzy Can Do Great Harm

Over the past several months,PIA officers, members andprofessional staff at both the

national and local level have been mak-ing presentations and meeting withstate regulators. These activities havebeen focused broadly on issues relatedto broker disclosure.

After PIA decided to oppose theNAIC’s Model Compensation Disclo-sure Amendment to the ProducerLicensing Model Act, and advance ourposition directly with regulators in thestates, a series of meetings, seminarsand forums are being held to educatePIA members on the impact of poten-tial legislation. At the same time, PIA isworking with state regulators and law-makers to assure that resulting legisla-tion—if any is introduced—does notimpose onerous burdens on profession-al independent insurance agents, orrestrict their customers’ choices in themarketplace.

Early in the ProcessIn November 2004, shortly after the

initial lawsuit by Eliot Spitzer againstMarsh hit the news, PIA NationalExecutive Vice President and CEOLen Brevik and Business Issues Com-mittee Chairman Ken Auerbach met

with Georgia Insurance CommissionerJohn Oxendine, together with PIA ofGeorgia.

This was the first of several sessionswith Oxendine, who had previouslymade comments at NAIC meetingsfavoring the inclusion of agents in dis-closure legislation. These meetingsproved to be productive, because onJanuary 11, Oxendine agreed to makechanges to the NAIC model that PIAof Georgia suggested before introduc-ing it in the Georgia legislature. Oxen-dine also told PIA members, “I have nodesire to encumber agents with unduereporting in the normal course of theirbusiness.”

Also in November, PIA NationalSenior Vice President Patricia A.Borowski met with NAIC Presidentand Pennsylvania Insurance Commis-sioner Diane Koken. As the NAICmodel was being developed, PIA affili-ates in the states whose commissionerserved on the NAIC task force devel-oping the model conducted meetings,telephone conferences and engaged incorrespondence.

At the only public hearing duringwhich the NAIC permitted industrycomment, PIA National executive vicepresident and CEO Len Brevik testi-fied.

“The actions taken by Mr. Spitzerhave led to calls for increased action toassure that insurance consumers willalways benefit from free and opencompetition,” said Brevik at the NAIChearing held in New Orleans. “But wemust take care that the effort toencourage new safeguards does nothobble the marketplace with unneces-sary regulations and paperwork.”

“We must guard against the unseendownside of any law or regulation—unintended consequences, the kindthat stifle competition and actually endup giving consumers fewer choices,”Brevik said. “As you deliberate whatwill ultimately be included in the

NAIC model, we would ask you toremember that choice is not a conflict.Choice is what drives competition, andindependent insurance agents provideconsumers with choices.”

Also in December, PIA Nationaljoined with the PIA Western Allianceto collaborate and file commentsregarding proposed rules on brokerdisclosures in Oregon and California.

PIA Opposes the NAICAfter the NAIC passed its model on

December 29, 2004, on a vote of 30-15with 3 abstentions, PIA decided tooppose the model in the states. PIA’smeetings and forums continued.

In February, Len Brevik and PIANational President Terry Adams metwith PIA of Nebraska and Iowa mem-bers at the Missouri Valley Conferencein Omaha.

PIA National’s Pat Borowski spoketo PIA members in Florida on February15, during the PIA of Florida Legisla-tive Day in Tallahassee. Sharing theplatform with Borowski were Tom Gal-

March 2005 8

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PIA Troops Fan Out Across States on Disclosure IssueAfter Deciding to Oppose the NAIC Model, PIA Makes Its Case in the States

PIA National Senior Vice President of Government/Regulatory Affairs Patricia A Borowski addresses members of PIA of Florida at the association’s annual Legislative Day which was held onFebruary 15, 2005 in Tallahassee.

PIA National Executive Vice President & CEO Len Brevik,second from left, and PIA National Business Issues Commit-tee Chairman Kenneth Auerbach, second from right, joinSteve Jones, president of PIA of Georgia, left, and TomAdderhold, national director from PIA of Georgia, right, inmeeting with with Georgia Insurance Commissioner John W.Oxendine, center, to discuss compensation issues that havebeen raised in the wake of the recent actions by New YorkAttorney General Eliot Spitzer.

lagher, Florida’s Chief Financial Officerand Secretary of the Department ofFinancial Services; and the chairmen ofboth the state House and Senate com-mittees with authority over insurance.

PIA “SpitzerSeminars”

On the West Coast, the PIA West-ern Alliance began the first in a seriesof “Spitzer Seminars” designed to edu-cate members about the potentialimpact of possible legislation. At thefirst session in Seattle, WashingtonInsurance Commissioner Mike Krei-dler assured PIA members he doesn’twant to do anything to hurt the inde-pendent agent distribution system. AFebruary 17 seminar featured OregonInsurance Administrator, Joel Ario inPortland.

Other seminars are on tap in LosAngeles, featuring Pat Borowski andCalifornia Department of Insurance

General Counsel, Gary Cohen, and inSan Francisco.

In the Northeast, PIA NationalDirector from New Jersey Kenneth R.Auerbach, Esq. is making a series ofpresentations. So far, Ken has spokento the National Association of Insur-ance Women (NAIW); the CPCUSociety of New Jersey (2/25); ‘Lunch ‘n’Learn’ sessions for PIA of New Jersey(3/1) New York (3/2) and Connecticut(3/3). In addition, Ken will speak at thePIA National Board of Directors(4/10); the PIA of New York MetroRap(4/21); and the PIA of New Hampshireannual conference (5/18).

Meetings to brief PIA members anddiscussions between PIA affiliates andtheir state regulators and legislators areongoing. All are conducted in closecoordination between PIA Nationaland PIA affiliates. ■

9 March 2005

www.pianet.com

As Seen In BUSINESS INSURANCE.Issue of December 27, 2004.Copyright © 2004.Crain Communications Inc.All rights reserved.

Florida Insurance Commissioner Kevin McCarty has askedinsurers not to file for new homeowners premium hikes and todelay pending hikes until after the state legislative sessionends in May. However, he said he would not seek to impose afreeze on homeowners insurance rates requested by the state’schief financial officer, Tom Gallagher.

McCarty said he hoped the legislature would take actionduring the session that begins in March to make homeownersinsurance more affordable and available to beleaguered poli-cyholders. A McCarty spokeswoman acknowledged that reg-ulators can’t forbid companies from making rate requests, butone industry official said carriers likely would follow theinsurance commissioner’s wishes.

The call for a rate freeze came from Florida Chief FinancialOfficer Tom Gallagher, who asked McCarty to impose aprice freeze.

“Insurance companies should not be in a rush to raiserates,” Gallagher noted. “The prudent thing to do is to slowdown and consider the consequences of rate increases onstorm victims who are not able to handle an additional finan-cial burden.”

In a report to Governor Jeb Bush, Gallagher said 87 per-cent of the 1.6 million hurricane claims filed as a result of lastyear’s four back-to-back storms have been settled. The stormscombined have resulted in estimated insured losses of $21.4billion to date. Nearly 5000 storm victims have applied formediation. Of cases completed, more than 1300 have result-ed in an additional claims payment – a settlement rate of 93percent. Approximately 3700 cases are still pending. ■

March 2005 10

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Florida DOI Asks Rate Hike Delay,Won’t Impose Freeze

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Home Health Care Benefits – Get the care you needat home while you recover. This feature will help payfor the cost of home health care treatment.

Private Duty Nursing Benefit – Often, hospital staffcan be responsible for numerous patients, making itdifficult to provide the personal care needed. Be sureyou get the attention you need when recovering from aserious illness or accident with the Private Duty Nurs-ing Benefit.

Hospice Care – End of life issues are difficult enough.You should not need to worry about how to pay forsuch care when the time comes. The Hospice CareBenefit can help alleviate your worry about expenses.

A new

PIA member-

only benefit!

Rake In Financial Protection.

For more information (including costs, exclusions, limitations and terms of coverage), visit the PIA Main Street Store at www.PIANET.com or call the PIAInsurance Administrator:

Coverage may vary and may not be available in all states.Underwritten by: The United States Life Insurance Company in the City of New York,

A member company of American International Group, Inc.

1-800-503-9230

©Seabury & Smith, Inc. 2005AG3118

By Bill JenkinsVice President, Business Development andMarketing PIA National

So what? You might ask, “Whatdifference does this make for meand my agency?”

If your agency is using any of themore than 20 agency management sys-tems supporting IVANS download, theanswer to this question is twofold:

First, this announcement highlightsyour ability to benefit from the steadyimprovement in speed, productivityand ease of use for agency / companyinterface technology. But perhaps moreimportantly since it’s an industry stan-dard IVANS approach, it’s alreadyavailable within the existing workflowsof many agency management systems.

Most agents are well aware of theproblem. Most all of your carriers pro-vide agency downloads via IVANS.However, a few other carriers areunwilling to adopt this industry stan-dard solution and make you run sepa-rate downloads from each of themindividually. The results can be mixed.In addition to keeping track of multiplepasswords and the mechanics of sepa-rate and different procedures, prob-lems can arise. The individual who usu-ally runs these downloads can be outsick or on vacation. Instead of vendorsupport and support from IVANS youneed to rely on separate support fromeach company for these proprietaryoptions. As a result these downloadsmight not occur as scheduled – givingyour agency customer service prob-lems at best and potential E&O expo-sure at worst.

PIA strongly supports the IVANSindustry standard approach to agencydownload because, quite simply, it isbetter for agents. As agents, you needto support the IVANS solution andhelp yourself in the process, by keep-

ing current and up-to-date with what isavailable. That’s why you need to payattention to this announcement aboutthe IVANS AGENTEXPRESS PRO-GRAM and update to the newest ver-sion of IVANS Transfer ManagerTM 2.2.The other reason is that it enablesmuch faster downloads — giving youthe ability to make full use of youragency’s existing high-speed internetconnection. As an example, one mid-sized agency recently reported reduc-ing their download time from 30 to 45minutes to 1.5 minutes.

The new IVANS high-speed Inter-net download capability is availablefrom carriers who have moved theirdownload over to the newer and lessexpensive IVANS ECS mailboxes.IVANS has worked with the leadingagency vendors to assure that the tran-sition between the need to “dial” intothe older mailboxes, and high-speedconnection to the newer ECS mailbox-es is seamless and within existingagency workflows. This improvementprovides carriers with one less reasonto push their own proprietary down-loads onto your agency.

This is clearly a Win-Win situationfor agencies and carriers!

Here’s how the upgrade works:If you already have Transfer Man-

agerTM 2.2 or higher installed in youragency management system, you canfollow a simple 4-step instruction sheeton how to enable your system for high-speed internet download with any themore than 100 carriers currently makingthis available. You can view and printthis instruction sheet on the IVANSwebsite at http://www.ivans.com/files/FourEasySteps.PDF

If you have an earlier version ofTransfer Manager or don’t have itinstalled, you should contact an IVANSbroadband download specialists at 1-800-548-2675 for instructions on howto upgrade to or obtain Transfer Man-

ager version 2.2. You can also use thesame number to reach an IVANSbroadband download specialists if youhave any questions or need other assis-tance.

And one more thing. Tell any ofyour carriers using proprietary down-load to “get with the program” and useIVANS. Tell them PIA sent you. ■

Bill Jenkins billje@pianet.org is Vice Presidentof Business Development and Marketing forPIA National.

13 March 2005

www.pianet.com

Tell Them PIA Sent You! IVANS Kicks Off its AgentExpress Program; Independent Agents Can Use High-SpeedInternet Connections to Retrieve Carrier Downloads

March 2005 14

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sNEW HAMPSHIREPIA of New Hampshire, P.O. Box 997, Glenmont NY 12077-0997PHONE: (800) 424-4244 • FAX: (518) 434-2342e-mail: pia@piaonline.org • Web Site: www.piaonline.orgNEW JERSEYPIA New Jersey, P.O. Box 997, Glenmont NY 12077-0997PHONE: (800) 424-4244 • FAX: (518) 434-2342e-mail: pia@piaonline.org • Web Site: www.piaonline.orgNEW YORKPIA New York, P.O. Box 997, Glenmont NY 12077-0997PHONE: (800) 424-4244 • FAX: (518) 434-2342e-mail: pia@piaonline.org • Web Site: www.piaonline.orgNORTH CAROLINAPIANC, 16976 Justice Branch Road, Littleton, NC 27850PHONE: (252) 586-5667 • (877) 337-4262 • FAX: (252) 586-5609e-mail: piaofnc@piaofnc.com • Web Site: www.piaofnc.comNORTH DAKOTAPIA of North Dakota1211 Memorial Hwy Holiday Park Office #6, Bismarck, ND 58504-5213PHONE: (701) 223-5025 • (800) 733-1050 ND&MN onlyFAX: (701) 223-9456 • e-mail: piand@btinet.net • Web Site: www.piand.comOHIOPIA of Ohio, Inc., 600 Cross Pointe Road, Gahanna, OH 43230PHONE: (614) 552-8000 • (800) 555-1742 • FAX: (614) 552-0115e-mail: george@ohiopia.com • Web Site: www.ohiopia.comOKLAHOMAPIA of Oklahoma, P.O. Box 54849, Tulsa, OK 74155PHONE: (918) 492-6788 • FAX: (918) 492-5110e-mail: davida@piaok.com • Web Site: www.piaok.comOREGON/IDAHOPIA of Oregon/Idaho, 3205 Northeast 78th Street, #104, Vancouver,WA 98665PHONE: (503) 287-7570 • FAX: (360) 571-7600e-mail: clark@piawest.com • Web Site: www.piawest.comPENNSYLVANIAInsurance Agents & Brokers of Pennsylvania P.O. Box 2023, Mechanicsburg, PA 17055-0763PHONE: (717) 795-9100 • FAX: (717) 795-8347e-mail: timw@iabgroup.com • Web Site: www.iabgroup.comPUERTO RICO & CARIBBEANPIA of Puerto Rico and the Caribbean IncPO Box 192389, San Juan, PR 00919-2389PHONE: (787) 792-7849 • FAX: (787) 792-4745e-mail: marcos@piaofpr.com • Web Site: www.piaofpr.comRHODE ISLANDPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comSOUTH CAROLINAPIA of South Carolina, PO Box 21367, Columbia, SC 29221-1367PHONE: (803) 356-3026 • FAX: (803) 356-0306e-mail: PIASC@piasc.net • Web Site: www.piasc.netSOUTH DAKOTAPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comTENNESSEEPIA of Tennessee Inc, 504 Autumn Springs Court Suite A-2, Franklin, TN 37067PHONE: (615) 771-1177 • FAX: (615) 771-3456e-mail: piatn@piatn.com • Web Site: www.piatn.comTEXASTexas Insurance Professionals, P. O. Box 90908, Austin, TX 78709-0908PHONE: (512) 301-0226 • FAX: (512) 301-0265e-mail: pia@piatx.org • Web Site: www.piatx.orgUTAHUtah Association of Independent Insurance Agents4885 S. 900 E., Suite 302, Salt Lake City, UT 84117PHONE: (801) 269-1200 • FAX: (801) 269-1265e-mail: stevebaugh@mcleodusa.net • Web Site: www.uaiia.orgVERMONTVermont Insurance Agents Association, P.O. Box 1387, Montpelier, VT 05601PHONE: (802) 229-5884 • FAX: (802) 223-0868e-mail: rcoyle@viaa.org • Web Site: www.viaa.orgVIRGINIA/DCPIA Assn of Virginia & DC, 8092 Villa Park Drive, Richmond, VA 23228PHONE: (804) 264-2582 • FAX: (804) 266-1075e-mail: dennis@piavadc.com • Web Site: www.piavadc.comWASHINGTON/ALASKAPIA of WA/AK, 3205 Northeast 78th Street, #104, Vancouver, WA 98665PHONE: (360) 571-7100 • FAX: (360) 571-7600e-mail: clark@piawest.com • Web Site: www.piawest.comWEST VIRGINIAPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comWISCONSINPIA of Wisconsin, Inc., 6401 Odana Road, Madison, WI 53719-1126PHONE: (608) 274-8188 • (800) 261-7429 • FAX: (608) 274-8195e-mail: rvonhaden@piaw.org • Web Site: www.piaw.orgWYOMINGAssoc. of Wyoming Ins. Agents, PO Box 799, Sundance, WY 82729-0799PHONE: (307) 283-2052 • FAX: (307) 283-2998e-mail: awia@vcn.com • Web Site: www.awia.com

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sALABAMAPIA of Alabama, 421 Twain Curve, Suite 2, Montgomery, AL 36117PHONE: (334) 244-7422 • FAX: (334) 244-9921e-mail: perry@piaal.com • Web Site: www.piaal.comARKANSASPIA of Arkansas Inc., 10 Corporate Hill Dr., Suite 130, Little Rock, AR 72205PHONE: (501) 225-1645 • FAX: (501) 225-2550e-mail: evp@piaar.com • Web Site: www.piaar.comCA/NV/AZ/NMPIA Group, PO Box 15952, Sacramento CA 95852PHONE: (888) 246-4466 • FAX: (360) 571-7600e-mail: clark@piawest.com • Web Site: www.piawest.comCOLORADOPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comCONNECTICUTPIA of Connecticut, P.O. Box 997, Glenmont, NY 12077-0997PHONE: (800) 424-4244 • FAX: (518) 434-2342e-mail: pia@piaonline.org • Web Site: www.piaonline.orgDELAWAREInsurance Agents & Brokers of DelawareP.O. Box 2023, Mechanicsburg, PA 17055-0763PHONE: (717) 795-9100 • FAX: (717) 795-8347e-mail: timw@iabgroup.com • Web Site: www.iabgroup.comFLORIDAPIA of Florida, Inc., 1390 Timberlane Road, Tallahassee, FL 32312-1766PHONE: (850) 893-8245 • (800) 277-1171 FL only • FAX: (850) 893-8316e-mail: oconnell@piafl.org • Web Site: www.piafl.orgGEORGIAThe PIA of Georgia, Inc., 3805 Crestwood Pkwy NW #140, Duluth, GA 30096PHONE: (770) 921-7585 • FAX: (770) 921-7590e-mail: jerry@piaga.com • Web Site: www.piaga.comHAWAIIPIA of Hawaii, 146 Hekili St # 201A, Kailua, HI 96734-2835PHONE: (808) 261-9460 • FAX: (808) 262-5355e-mail: piahi@verizon.netILLINOISPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comINDIANAPIA of Indiana, 600 Cross Pointe Road, Gahanna, OH 43230PHONE: (614) 552-8000 • (800) 555-9742 • FAX: (614) 552-0115e-mail: george@indianapia.com • Web Site: www.indianapia.comKANSASKansas Association of PIAP.O. Box 5513, Topeka, KS 66605-3065PHONE: (785) 232-4143 • FAX: (785) 232-0272e-mail: pia@pia.kscoxmail.com • Web Site: www.KansasPIA.orgKENTUCKYPIA of Kentucky, P.O. Box 4205, Frankfort, KY 40604-4205PHONE: (502) 875-3888 • FAX: (502) 227-0839e-mail: clemay@piaky.org • Web Site: www.piaky.orgLOUISIANAPIA of Louisiana Inc., 8064 Summa Avenue, Suite C, Baton Rouge, LA 70809PHONE: (225) 766-7770 • (800) 349-3434 LA only • FAX: (225) 766-1601e-mail: jody@piaoflouisiana.com • Web Site: www.piaoflouisiana.comMAINEMaine Insurance Agents Association, 432 Western Avenue, Augusta, ME 04330PHONE: (207) 623-1875 • FAX: (207) 626-0275e-mail: bigime@aol.com • Web Site: www.maineagents.comMARYLANDInsurance Agents & Brokers of Maryland P.O. Box 2023, Mechanicsburg, PA 17055-0763PHONE: (717) 795-9100 • FAX: (717) 795-8347e-mail: timw@iabgroup.com • Web Site: www.iabgroup.comMASSACHUSETTSPHONE: (703) 836-9340 • FAX: (703) 836-1279e-mail: ellenbo@pianet.org • Web Site: www.pianet.comMICHIGANThe Association of PIA, 4550 Cascade Road SE, Suite 205-B, Grand Rapids, MI 49546-3697PHONE: (616) 454-4461 • FAX: (616) 454-4491e-mail: pjames@mipia.com • Web Site: www.mipia.comMINNESOTAPIA of Minnesota, 3600 Holly Lane N. #90, Plymouth, MN 55447PHONE: (763) 694-7070 • FAX: (800) 546-3428e-mail: gsather@piamn.com • Web Site: www.piamn.comMISSISSIPPIPIA Association of Mississippi, 4 River Bend Place, #115, Jackson, MS 39232PHONE: (601) 936-6474 • FAX: (601) 936-6477 • (800) 898-0136 MS onlye-mail: PIAofMS@aol.com • Web Site: www.piams.comMISSOURIMissouri Association of Insurance AgentsP.O. Box 1785, Jefferson City, MO 65102-1785PHONE: 573-893-4301 • FAX: 573-893-3708e-mail: lcase@moagent.org • Web Site: www.missouriagent.orgMONTANAPIA of Montana, 3205 NE 78th St Ste 104, Vancouver, WA 98665-0697PHONE: (888) 246-4466 • FAX: (360) 571-7600e-mail: clark@piawest.com • Web Site: www.piawest.comNEBRASKA/IOWAPIA of Nebraska/Iowa, 920 South 107th Avenue, Suite 305, Omaha, NE 68114PHONE: (402) 392-1611 • FAX: (402) 392-2228e-mail: piane@pianebraska.com • Web Site: www.pianebraska.com

taken on the item may be moot. WhileKoken said she wouldn’t discount thepossibility of meeting the 90-day dead-line, she also said, “When we agreed todefer this, there was some discussion bymembers that it would be important tocome to a conclusion by the end ofMarch. I would not say we ever adopted[that request] as a final law.”

On January 5, 2005 PIA announcedthat it is opposed to the NAIC Com-pensation Disclosure Model that waspassed on December 29, 2004 andpledged to continue to work to improveit, while at the same time declaring thatPIA National and the PIA state andregional affiliate organizations standunited and will exercise opposition atthe both the state and the federal levels.

PIA National is continuing to filecomments on this issue with theNAIC, and will attend the NAIC ses-sions in Salt Lake City. ■

NAIC CommissionersMeet Spitzercontinued from page 1

Case Studies Illustrate Importance of Catastrophe Major Medical

Ray and Julia were worlds apart in age but had amajor life event in common: both survived med-ical tragedies that could have ruined their finan-

cial futures. Thanks to Catastrophe Major Medical Insur-ance, one of them survived that tragedy too.

Ray Simmons had an intracerebral hemorrhage at age 59.He had a wife and one college-age daughter. Through hisjob, he had major medical coverage with a $1,000,000 life-time maximum, but with limited coverage for convalescentcare. His medical expenses quickly mounted to $347,000.His major medical covered $187,000 leaving him on thehook for $160,000. Ray recovered his health, but not hisfinancial stability. Three years after his recovery, he finallyhad to declare bankruptcy.

Julia Santiago had a car accident at age 28. She had a hus-band and two young children. Under her husband’s employer,she had major medical coverage with a $1,000,000 lifetimemaximum benefit. She also had a $2,000,000 Catastrophe

Major Medical Plan. Over the course of two years, she under-went multiple surgeries to lengthen atrophied muscles, andhad physical and occupational therapy for muscular reeduca-tion, balance, coordination, and posture.

Julia’s medical expenses totaled $374,000 of which only$86,000 was covered by her major medical plan. Fortunately,Julia’s Catastrophe Major Medical Plan covered $271,000leaving her with only $17,000 to pay out of pocket. Withoutthe Catastrophe Major Medical Plan, Julia and her familywould have been financially ruined. With the Plan, she wasable to focus on regaining her health.

PIA members now have the opportunity to apply for the PIAServices’ Catastrophe Major Medical Plan which includes exclu-sive benefits and economical group rates. To see a list of planbenefits, features, terms and conditions — and to request a planbrochure and application form — please call (800) 503-9230 orvisit the Insurance Products section of the PIA Main StreetStore at www.PIANET.com ■

Be sure to visit www.PIANET.com for additional Member Benefits including theAgency Agreement Review Service, PIA logos, member-only resources and more.

www.pianet.com

Insurance ProductsAIG Errors and Omissions InsuranceSolid E&O protection built around yourunique needs. (800) 742-6900 Ext. 382

Penn National Insurance Agent’sUmbrella ProgramComprehensive and affordable excess insur-ance protection includes E&O and BusinessLiability coverage with available endorsementsfor EPL and Personal Coverage. Call your localPIA affiliate or (800) 742-6900 Ext. 382

Catastrophe Major MedicalThe $2,000,000 Catastrophe Major MedicalInsurance Plan picks up where your basic cov-erage leaves off! (800) 503-9230

GE Auto Warranty ServicesMarket a proven vehicle service contract program to auto dealerships. (800) 782-9753.

PIA HealthQuality health insurance for you, your employ-ees and families through a top insurer in yourarea. Coverage and product availability vary bystate. (800) 742-6900 Ext. 382

Hartford Flood InsuranceEasy enrollment process, competitive commis-sions, advanced Internet services, plus a varietyof programs and surplus lines.Call (888) 410-2963 x73932 or visithttp://www.trumbull-services.com/flood-pia/

UNUM Voluntary ProductsBasic,Voluntary and Dependent Term Life;Long Term Disability; Short Term Disability;ADD; Hospital Indemnity (800) 336-4759;www.piatrust.com

Financial ServicesMBNA Financial ProductsPIA Platinum Plus MasterCard, GoldOptionLoan Program, CD, Money Market. For personalcards call (800) 932-2775 (Code:TJ4O). For busi-ness cards call (800) 598-8791 (Code: XV3H). Forthe Gold Option Loan Program call (888) 332-5233 (Code: XX7S). Preferred CD and MoneyMarket interest rates are available to PIA Mem-bers at www.mbna.com/goldportfolio/rates/pia

“PIA Plus” Products/DiscountsOn-Line CE and Skills CoursesAvailable to agents in participating states atwww.PIANET.com/Education For other educa-tional programming, including designation pro-grams, please contact your local PIA affiliate.

Alamo Car RentalGet unlimited mileage and up to 15% offalready low retail rates. (800) 354- 2322 (I.D. # 93140, Rate Code: BY)

Central Licensing BureauSave time and money by using CLB for all youragency licensing needs. (501) 664-8044

Consumer BrochuresAnswer clients’ questions with professionalbrochures from PIA. (703) 518-1353.

Mines Press Calendar ProductsPersonalized calendars at member only prices.(800) 447-6788

Omnia Employee ProfilingSkills and personality testing. Contact SeanNeumeyer at (800) 525-7117 Ext. 1242.

United Parcel ServiceReceive reduced rates on many popularovernight and 2nd day air shipping options. Call(800) 325-7000 or your local UPS representa-tive and mention “Bid Code #DP990007896.”

Visit the PIA Main Street Store at the new www.PIANET.comor use the phone numbers below to act now.

Standard Pre-sortU.S. Postage

PaidPermit No. 593Merrifield,VA

400 N.Washington StreetAlexandria,VA 22314

www.pianet.com

www.PIANET.com

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www.PIANET.com www.PIANET.com

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PIANET just keeps getting bigger.

Visit today!PIA members:The PIA National member ID

number printed above your name on the labelbelow is your initial username for the

NEW www.PIANET.com

Combine PIA’s exten-sive E&O experiencewith the financialstrength and expertiseof American Interna-tional Companies®

and what do you get?

E&OPeace ofMind

To learn more visit us

online atwww.PIANET.com

or speak to an E&O

professional by calling

1-800-742-6900, extension 382