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Autumn RETREAT October 8-10, 2014 The Waters Minocqua, WI Register at iiaw.com SEPTEMBER 2014 wisconsin INDEPENDENT AGENT

September 2014 Wisconsin Independent Agent Magazine

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Page 1: September 2014 Wisconsin Independent Agent Magazine

AutumnR E T R E AT

October 8-10, 2014The Waters

Minocqua, WI

Register at iiaw.com

SEPTEMBER 2014

wisconsinINDEPENDENT AGENT

Page 2: September 2014 Wisconsin Independent Agent Magazine

West Bend. Insurance your customers buy when they can’t a�ord anything less.

Your customer’s restaurant didn’t grow overnight. It came from years of hard work, confidence in what they could do, and making smart decisions.

�at’s why an insurance policy from West Bend makes sense. It protects these valuable and hard-earned businesses so your customers can focus on doing what

they do best.

And as an Official Supplier of �e Silver Lining, it’s backed by your knowledge and experience.

People who run a business know. �e most valuable things

are also the hardest to get.

Page 3: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 3 WISCONSIN INDEPENDENT AGENT

AutumnR E T R E AT

October 8-10, 2014The Waters

Minocqua, WI

Register at iiaw.com

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

SEPTEMBER 2014Eric Schwartz, Editor

> OUR ADVERTISERSAAA................................................................. 30

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

Applied.Underwriters.........................Back.Cover

Badger.Mutual................................................... 7

Burns.&.Wilcox................................................. 12

Capital.Remediation......................................... 19

EMC.Insurance................................................... 7

Erickson-Larsen,.Inc......................................... 15

Guard.Insurance.............................................. 20

IIAW.Continuing.Education.............................. 25

Integrity.Insurance......................................... 29

JM.Wilson......................................................... 15

Northern.Underwriting.Managers................... 24

Pekin.Insurance................................................ 19

Robertson.Ryan............................................... 13

SECURA.Insurance........................................... 22

Swiss.Re.E&O................................................... 28

The.IMT.Group................................................... 8

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

Western.National.Insurance.............................. 4

Wilson.Mutual................................................... 18

Open Door Policy Gratitude, Failure-To-Yield & Agent-Of-Record Exposures. . . 5Commentary From Counsel The Traffic Cop is Not “Using” Your Vehicle — But Menard’s Is! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Autumn Retreat CE Session Procedures Manual: A Blueprint To Success . . . . . . . . . . . . . . . 8News From ACT E-Signatures For Carriers: Increased Revenues & Security . . 9Government Affairs Wisconsin Governor’s Race Heats Up . . . . . . . . . . . . . . . . . . . . 10Focus On Content Above The Fold & Other Myths . . . . . . . . . . . . . . . . . . . . . . . . . 13Virtual University Creative Problem Solving = Amazing Customer Service. . . . 14Errors & Omissions Voluntary E&O Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Sales Success Always Be Closing: 10 Tips For Agents . . . . . . . . . . . . . . . . . . . 23

2014-2015 Executive Committee

President .................................................... John Wickhem P.O. Box 1500, Janesville, 53547-15

President-elect ................................................ Steve Leitch P.O. Box 85, River Falls, WI 54022

Secretary-Treasurer ....................................... Matt Weimer 100 North Corporate Drive #100, Brookfield, WI 53045

Chairman of the Board ................................ Dave Dunker P.O. Box 443, Brookfield, WI 53008-0443

State National Director ................................Linda Steiner 555 Main Street #320, Racine, WI 53403

2014-2015 Board of Directors

Mike Ansay 101 East Grand Ave. #11, Port Washington, WI 53704

Mark Behrens 555 Main Street #320, Racine, WI 53403

Jason Bott 330 East Kilbourn Avenue, Milwaukee, WI 53202

Gerald Couri 379 West Main Street, Waukesha, WI 53186

Mike Farrell 1300 S. Green Bay Rd., Racine, WI 53406

Chris Hanson 5601 Grande Market Drive, Appleton, WI 54913

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

Brian McClone 505 North Westfield Street, Oshkosh, WI 54902

Jeff Rasmussen 525 Junction Road, Madison, WI 53717

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

Darrel Zaleski 4233 Southtowne Drive, Eau Claire, WI 54701

2014-2015 Committee Chairs

Agency Operations ....................................... Kim Dandrea 1300 South Green Bay Rd. #100, Racine, WI 53406

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

Emerging Leaders ...................................... Janelle Higgins 6200 Mineral Point Road, Madison, WI 53705-4504

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

Finance & Compensation ............................ Matt Weimer 100 North Corporate Drive #100, Brookfield, WI 53045

Government Affairs .......................................Skip Hansen 100 North Corporate Drive #100 Brookfield, WI 53045

Industry Relations ....................................... Kevin Murray 525 Junction Road, Madison, WI 53717

Marketing & 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 ...................................................Mark Truyman P.O. Box 6 , Seymour, WI 54165

wisconsinINDEPENDENT AGENT

On The Cover…

The.2014.Autumn.Retreat.returns.on.

October.8-10.in.Minocqua!.A.brochure.

with.complete.details.is.included.

in.this.magazine..A.highlight.of.this.

year’s.event.is.Mary.Hauri’s.seminar,.

Procedures.Manual.1...2...3..All.attendees.

will.go.home.with.a.procedures.

manual.customized.to.their.agency’s.

management.system..This.is.an.excellent.

value;.take.advantage.of.this.great.

opportunity!.For.more.about.Mary’s.

session,.please.see.page.8..Register.for.

the.Autumn.Retreat.at.iiaw.com.

Page 4: September 2014 Wisconsin Independent Agent Magazine

4 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

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Page 5: September 2014 Wisconsin Independent Agent Magazine

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AppreciationThis past year brought the Association a lot of success. That success is directly attributed to our staff, Board of Directors, and of course, our members. The leadership of Dave Dunker as President and Mike Froh as Chairman of the Board helped the Association move in a new direction that saw it have one of its most successful years in its 115 year history. It was truly great working with Dave and Mike; both of them share a passion for the Association and helping advance and protect the independent insurance agency system in Wisconsin. While Dave will transition to Chairman, Mike moves on to enjoy more of his free time. It has been a tremendous experience to learn from these two great men and I look forward to working with our Executive Committee, new President John Wickhem, and the Board of Directors as we continue to transform and revolutionize the Association. As we start a new year, I would like to welcome the following new members to our board: Mark Behrens of Johnson Insurance, Jerry Couri of Couri Insurance Agency, and Darrel Zaleski of Spectrum Insurance. I appreciate them taking the time out of their busy schedules as we work to better the Association and continue providing quality, relevant services to our members. Thanks to the leadership and vision of many individuals, the Association is in a great position to continue to be successful for another 115 years.

Failure-to-Yield Changes SoughtPrior to August 1, 2012, a person who failed-to-yield the right-of-way was generally subject to pay a fine between $20 and $50 for a first offense and $50 to $100 for any subsequent offense within a year. If a person’s failure-to-yield resulted in bodily harm or death to another person, the court was mandated to suspend the person’s driver’s license for 30 days for causing bodily harm, 90 days for causing great bodily harm, and nine months for causing death. The offender also had to forfeit $200 if bodily harm resulted, $500 if great bodily harm resulted, and $1,000 if death resulted from the failure to yield. For any failure-to-yield violation, the court must also order the person who commits the violation to attend a traffic safety school approved by the Department of Transportation (DOT) and conducted by a police department, sheriff’s office, or regularly established safety organization. The traffic safety school must acquaint the person

with vehicle right-of-way rules and provide instruction on motorcycle, pedestrian, and bicycle awareness. A court is also allowed to suspend a person’s operating privilege if the person is convicted of violating any state or local traffic law. However, with the enactment of Act 173 (effective after August 1, 2012), the failure-to-yield law changed. Under Act 173, if bodily harm, great bodily harm, or death result from a failure-to-yield violation, DOT and not the court, must suspend the driver’s operating privilege for two months for causing bodily harm, three months for causing great bodily harm, and nine months for causing death. The Act requires DOT, instead of a court, to order a person to attend a vehicle right-of-way course for a failure-to-yield violation. The vehicle right-of-way-course must be conducted by specified organizations and must be approved by DOT. In addition, the course must acquaint the person with vehicle right-of-way rules and provide instruction on motorcycle, pedestrian and bicycle awareness. If a person’s operator’s license has been suspended for a failure to yield violation that results in injury or death, the DOT may not reinstate a person’s driving privileges unless the person has successfully completed the vehicle right-of-way course. In addition, the Act requires that driver education courses include at least 30 minutes of motorcycle, pedestrian and bicycle awareness instruction. We have heard from many of our members that this law change has had an adverse impact on their customers. Many who have caused minor “bodily injury” have seen their insurance cancelled because their license was suspended, even after taking the DOT course. In some instances, bodily injury was determined at the time the violation occurred but was later discovered that the individual was not harmed and there was no bodily injury. Even with these facts uncovered, the violation and cancellation of the insurance policy remained. The IIAW has developed a legislative fix and will be advocating for its immediate passage. If you or any of your insureds have experienced this in relation to a failure-to-yield violation, please let us know. We will keep you posted as the legislation moves forward.

AOR and Agent’s E&O ExposureRecently, Agent-of-Record (AOR) changes and whether or not a new application at that time or

at renewal is required has become somewhat of a hot topic among agents and carriers. Dawn Mauthe of SECURA recently contacted me about this issue and its E&O implications. We estimate that roughly half of all carriers process the AOR and require new applications immediately. Half of the carriers do not but are looking to address the situation. Dawn asked about the E&O exposure for agents and carriers when an AOR is requested and when a new application should be filled out and the best practice on how to handle it. A key point that agents should be aware of is “renewing as is,” which is basically what occurs with an AOR/BOR situation. This situation continues to drive frequency of claims against insurance agencies. According to Swiss Re, an agent should take all steps necessary to understand the exposure of the account, analyze the exposures, and provide the customer with coverage and risk management options - all of which will help avoid duplicating any (potential) errors made by the previous agency. Obtaining a new application and using a coverage checklist is an excellent start in the risk analysis process. This comprehensive approach to AOR/BOR can also lead to increased revenues through increased limits or cross-selling!

The following are Swiss Re’s recommendations:a Failure to adequately identify exposures and failure to recommend coverage are common E&O claim allegations. Uncovering exposures protects agency from E&O claims AND increases revenue.

a Existing coverage may be inadequate or have coverage gaps.

a Application can be seen as final pre-policy issuance agreement.

a Insured’s signature on application indicates what exposures they are transferring to the carrier and verifies underwriting information.

a Don’t rely on the incumbent agent to properly assess customer exposures. Insured’s signed application is critical piece of evidence in defense of E&O claim.

GRATITUDE, FAILURE-TO-YIELD AND AGENT-OF-RECORD EXPOSURES

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

OPEN DOOR POLICY

SEPTEMBER 2014 | 5 WISCONSIN INDEPENDENT AGENT

Page 6: September 2014 Wisconsin Independent Agent Magazine

6 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

THE TRAFFIC COP IS NOT “USING” YOUR VEHICLE BUT MENARD’S IS!

COMMENTARY FROM COUNSEL

The cases collectively reinforce that what constitutes “use” under the Omnibus Statute often goes well beyond “what the ordinary person would” consider using a vehicle — but that the term will not “be read so expansively as to include a boundless number of activities.” Notwithstanding the court’s assurance, that boundary remains ill defined.

In Jackson v. Wisconsin County Mutual Insurance Corp., the Court held that a sheriff’s deputy was not “using” a vehicle that struck her as she was about to direct it into traffic, which precluded her from recovering under an underinsured motorist provision. One month later, in Blasing v. Zurich American Insurance Company, the Court concluded that a Menard’s store employee loading lumber into a customer’s truck was “using” that vehicle — and that the customer’s own automobile insurer had a duty to defend and indemnify the store for injuring the customer during loading.

JacksonIn Jackson, a Milwaukee County Sheriff’s Deputy was injured on duty after she told a driver to wait for her direction as she prepared to guide him back into traffic. The deputy sought coverage under the underinsured motorist provision in her employer’s public entity liability policy, which covered injuries suffered “while using an automobile” in the course of employment. Coverage hinged on whether the deputy had been “using” the car that struck her within the meaning of the Omnibus Statute, Wis. Stat. § 632.32(2)(h), under which “using” “includes driving, operating, manipulating, riding in and any other use.”

The Court unanimously held that the deputy was not “using” the car that hit her and, therefore, had no coverage. The Court acknowledged that Wisconsin cases have recognized uses that go beyond

“what the ordinary person would” necessarily call “using a vehicle” — like beckoning to an outside passenger from the driver’s seat, hunting from the bed of a pickup truck, and transporting dogs. But the deputy was “not employing the vehicle for [her] purposes,” nor did she “exercise such control over the vehicle to the extent that she essentially became the user.” The Court distinguished the deputy’s conduct from cases in other jurisdictions where someone guiding a vehicle — like a worker directing a tractor-trailer as it backs into a site — effectively determined its movements and, therefore, became a user.

BlasingIn Blasing, the Court focused less on the meaning of “use” and more on the identities of the parties. Blasing, the named insured on the policy at issue, suffered injuries when a Menard’s employee dropped lumber on her foot in the course of loading lumber into Blasing’s truck. Blasing sued Menard and its general liability insurer. Menard tendered Blasing’s claims to Blasing’s own automobile liability carrier, claiming her insurer had a duty to defend and indemnify the Menard employee as a permissive “user” of Blasing’s vehicle. The Court held that the Menard employee

was a permissive user of Blasing’s vehicle, entitled to a defense and, possibly, indemnity from Blasing’s insurer. To reach that decision, the Court first concluded, based on many of the same cases cited in Jackson, that loading lumber was a “use” of the truck. Limiting its decision to the facts of the case and the policy at issue, the Court said the policy language covered permissive users for injury to all persons without excluding injury to an insured.

Interesting QuestionsIn Jackson, the Court grounded its decision on the unique facts of the case: although the deputy “had just told the driver she was about to stop traffic and ‘help’ the driver into traffic,” she “had not yet begun to do so.” Query, if the deputy already had started “helping” the driver when he hit her, would that render her a user? Or would the fact that she was “not employing the vehicle for [her own] purposes” distinguish those facts from a worker guiding a tractor-trailer?

Blasing is particularly noteworthy for what the Court declined to decide. The

In.the.last.weeks.of.its.term,.the.Wisconsin.Supreme.Court.addressed.in.two.cases.what.it.means.to.“use”.a.motor.vehicle.for.purposes.of.insurance.coverage.under.various.policies.and.the.Omnibus.Statute..

The.Wisconsin.Supreme.Court.recently.ruled.on.two.cases.—.Jackson.v..Wisconsin.County.Mutual.Insurance.Corp..and.Blasing.v..Zurich.American.Insurance.Company.—.of.what.it.means.to.“use”.a.motor.vehicle..The.cases.raised.interesting.questions.about.the.obligations.of.different.insurers.and.left.many.unanswered.questions.

Page 7: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 7 WISCONSIN INDEPENDENT AGENT

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

COMMENTARY FROM COUNSEL

Court did not address whether the Omnibus Statute, Wis. Stat. § 632.32(3), requires “an automobile liability insurance policy to provide a permissive user coverage for injuries caused when the permissive user injures a named insured.” In other words, the Blasing decision does not indicate whether insurers can draft an exclusion to avoid this result. The Court would not comment on such an exclusion “without knowing the precise language of the exclusion and the facts to which the exclusion is applied.”

Another likely outgrowth of Blasing is litigation over the respective obligations of the different insurers. It was undisputed that Menard’s own general liability policy would fully cover its liability for Blasing’s damages — but the Court left “for another day” any dispute over the relative obligations of Menard’s own insurer versus the obligations of a customer’s automobile insurer.

For better or worse, the decisions in Blasing and Jackson leave many unanswered questions regarding what constitutes a “use” of a motor vehicle for the purpose of determining coverage. Until further clarification is issued from the Wisconsin Supreme Court, expect to see creative arguments by “users” and likely some new exclusions in policies.

Acquisition Strategy #4LIGHT MANUFACTURERS

Milwaukee Branch: 855.495.1800 | Home Office: Des Moines, IA www.emcins.com© Copyright Employers Mutual Casualty Company 2014. All rights reserved.

“ Light manufacturers like our heavy-duty insurance program.”

With a range of insurance coverages including errors or omissions, extensive loss control resources, expert claims knowledge and local service from an independent agent like you, EMC offers an insurance program designed specifically for light manufacturers. It’s just one of the many reasons why you and your commercial clients Count on EMC ®.

Joel Pesch, Milwaukee Branch Commercial Underwriter

Page 8: September 2014 Wisconsin Independent Agent Magazine

“A goal without a plan is just a wish.” — Antoine de Saint-Exupéry A good procedures manual provides a blueprint for the operations of a business. If a key staff member or owner is away on business, vacation or leave, the manual can direct other personnel to solve a given problem. In cases of perpetuation, a manual can ensure a smooth transition to the

new owner. That’s the way it should be. The alternative — no procedures in place — can lead to Excedrin headaches for the staff left in the office. This can be avoided. For independent insurance agencies, of which many are small businesses, having a comprehensive procedures manual in place can reduce errors and omissions exposures and increase the bottom line. “A key concern for an independent agent from an E&O standpoint is a lack of uniformity and consistency in their workflows,” said Mary Hauri, a long-time instructor with the IIAW and owner of Insurance Concepts in Motion, a business

dedicated to training agencies on proper workflows and customizing procedures to fit those workflows. She has been creating procedures manuals since 2002 with a focus on technology. Mary has worked with hundreds of agents and agencies throughout her 25-year career and has seen the positive, practical applications of a customized procedures manual at work. Agencies are unique and what works for one agency may not work for another. “Let’s say, for example, an insured calls in for an endorsement,” said Mary. “How does an agent handle it? A good procedures manual will spell out how the endorsement is handled from the customer service and E&O perspectives. In addition, it will clarify the most efficient processes for the business, give their companies their markets and so on. It ensures a level of service that the client can count on.”If an E&O claim does knock on the door, said Mary, the agency has a defense because the procedure is written down, audited and kept current. Agencies spend a great deal of time and money on training new and valued employees. Well thought out and documented training procedures can save on both dollars and cents and hours and minutes. “For new employees, a clear set of instructions can help them learn their new responsibilities and get them up and running more quickly,” said Mary.

“Further, for agencies with multiple locations, a good manual can unify the practices of an agency so that everyone performs the same tasks the same way all the time.” This “invariable practice” is a huge business advantage for agencies that implement it. Having a rock-solid procedures manual is part of the process of achieving this. Now there is an incredible opportunity to access this valuable resource. Take advantage of Mary’s expertise and attend her session, Procedures Manual 1…2…3, at this year’s Autumn Retreat in Minocqua. Attendees will learn how to create a procedures manual and, as a bonus, take home a procedures manual customized to the agency’s management system. This session is approved for 3 continuing education credits. The Autumn Retreat is October 8-10 at The Waters in Minocqua. An event brochure is included in this magazine. Join us in Minocqua for this fantastic event. Register at iiaw.com.

2014 AUTUMN RETREATOCTOBER 8-10

THE WATERS OF MINOCQUA

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PROCEDURES MANUAL: A BLUEPRINT TO SUCCESS

Mary.Hauri.is.teaching.the.CE.session,.Procedures.Manual.1...2…3,.on.Oct..10.as.part.of.the.Autumn.Retreat..Each.class.participant.will.take.home.a.customized.procedures.manual.

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Page 9: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 9 WISCONSIN INDEPENDENT AGENT

Customer expectations, advanced technology, increased mobility, and a quest for greater efficiency are driving this.

One e-signature provider counts as clients eight of the top 15 North American insurers. A quick poll of AUGIE leaders found a couple of dozen carriers accepting e-signatures. And, it failed to find any carrier prohibiting them. That’s probably because Federal laws, as well as laws in nearly every state, put electronic signatures on equal footing with pen-and-paper signatures.

E-signature solutions equip carriers to provide the best service possible, directly and through their customer and agent service centers.

Here are some reasons carriers are — or should be — jumping on the e-signature bandwagon:

It saves money and increases productivity

and quality. Case studies show e-signatures netting one carrier a cost savings of $10 per transaction and an offset of millions of dollars of paper-related expenses; another boosted productivity by 61%; and another saw an 81.6% reduction in the number of document errors.

It boosts revenue. E-signatures reduce the time it takes for agents and brokers to get customers — especially those who are busy

or not near an agency — to complete and sign applications. The quicker they sign, the quicker both carriers and agents can book revenue. Think about transacting business in minutes, rather than days — or worse.

It satisfies agents, brokers and customers. One carrier cites a 13.5 day — or 97% —reduction in turnaround time. Plus,

e-signatures extend agency and carrier offices to the nearest computer, tablet or smartphone. Faster service means more satisfied clients — and more referrals. And that creates happier, more loyal agents and brokers.

It delivers increased security and

authentication. Mailing or faxing documents carries inherent security risks. They can wind up in the wrong hands or get lost. E-signature software that adheres to the legal standard of validating Identity, Consent, Disclosure, and Audit Record characteristics provides far greater security.

The law supports it. In this ACORD Weekly News article, an expert says, “Simply stated, yes, e-signatures are legal at all times (E-SIGN and UETA make this so), with only a handful of exceptions, one of which is wills.” Other sources support this statement, as well.

The ACT Technology Agreements Work Group is addressing e-signatures as a part of its upcoming ‘Carrier/Agent Technology Agreements Recommendations’ paper. ACORD has a working group on e-signatures. AUGIE leaders are actively supporting and promoting the work. And management system vendors are working with providers to bring e-signatures to agent and broker desktops. ACT is happy to connect you with representatives from any of these organizations. Just email Ron Berg, ACT’s Executive Director at [email protected].

E-SIGNATURES FOR CARRIERS BOOST REVENUES AND INCREASE SECURITY

In May 2004, Insurance & Technology magazine launched a three-part series of articles titled, “A Framework for Designing an Effective e-Signature Process.” A decade later, electronic signature functionality is gaining serious traction in the insurance business.

E-signature solutions equip carriers to provide the best

service possible, directly and through their customer and

agent service centers.

NEWS FROM ACT

> Ron Berg is the Executive Director of ACT. Contact Ron at [email protected], or go to the website, www.iiaba.net/ACT.

Page 10: September 2014 Wisconsin Independent Agent Magazine

10 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

Two recent statewide polls by Professor Charles Franklin at the Marquette University Law School and conducted in May and July, respectively, illustrate that the race for governor is going to be a competitive contest right down to Election Day.

On the Republican ticket is incumbent Governor Scott Walker who is running for a second four-year term. Walker was first elected in November 2010 and overcame an historic recall election of national proportions in June 2012 with over 53 percent of the vote. He is the nation’s first governor to win a recall election and this will be his third campaign for the same office in less than four years.

In his first four years, Walker has succeeded at energizing Republican voters and built a campaign machine with a substantial war chest. Wisconsin voters know what they are getting with Walker. The best news from the poll for the incumbent governor is that the majority of voters (54 percent) have a favorable

view on the direction of the state. This is in stark contrast to Pennsylvania where only 30 percent of voters think their state is headed in the right direction. Under a similar scenario, Walker would have a difficult time getting re-elected. As long as the majority of voters in Wisconsin continue to believe the state is on the right track, it will be an uphill fight to unseat Walker. The governor will focus his time over the next three months on trying to improve his favorability among the electorate and luring more independent voters over to his side.

The Democratic nominee is Mary Burke. Burke comes from Dane County where she serves as a member of the Madison School Board. Burke is a former executive at Trek Bicycle Corporation, which was founded by her father.

She also served a brief stint as Wisconsin’s Commerce Secretary under Governor Jim Doyle. Burke is being outspent, taken on negatives, and is only known by half the state but, surprisingly, leads Walker in the latest poll by one percentage point among likely voters.

Burke’s campaign is building momentum and has strong support from the Democratic base and women voters. What’s more, she’s not perceived as a controversial figure like Walker is in the eyes of the electorate. It remains to be seen whether Burke can energize her base enough to turn out in November and, like

Walker, lure enough independent voters over to her side. Nonetheless, the aggregate poll results highlight that Burke has a real shot at unseating the incumbent governor and is a legitimate challenger in this race.

Wisconsin has historically been an evenly divided state politically and the governor’s race is certainly no exception. Forty-six percent of “registered voters” in the Marquette Law School poll support Walker, 45 percent support Burke, and only 8 percent are undecided. Among “likely voters” in the poll as previously mentioned, Burke leads Walker by a narrow margin, 47 to 46 percent. These head-to-head numbers fall well within the poll’s margin of error making this race a dead heat as we move closer into heavy campaign and election season.

While Walker has managed to fundraise nearly twice as much as Burke, he has not managed to outrun Burke among voters.

As you think about the importance of this election and who you plan to support, ask yourself these questions: Is the State of Wisconsin better off financially today than four years ago? Which candidate will help foster an environment in which you and your family can grow and prosper?

Some other interesting highlights from the Marquette Law School poll:

• Party loyalists remain solidly behind their candidate with 93% of Republicans supporting Scott Walker and 88% of Democrats supporting Mary Burke.

• Independents are evenly divided between the candidates with 45% supporting Walker and 44% supporting Burke.

WISCONSIN GOVERNOR’S RACE HEATS UPIn less than three months, Wisconsin voters will head to the polls and cast their ballots in the November 4th midterm elections. While most Wisconsinites are still enjoying the end of the summer and not paying close attention to electioneering just yet, campaign season is about to kick into full gear and it’s hard not to notice one major statewide race that’s heating up – the election for Wisconsin’s governor.

> Misha Lee is Owner/Founder of Lee Government Relations, LLC and lobbyist for IIAW. Follow Lee Government Relations on Twitter @mishavlee.

GOVERNMENT AFFAIRS

The Incumbent..Governor.Scott.Walker..The.majority.of.voters,.54%,.think.the.state.is.headed.in.the.right.direction.under.his.leadership.

The Challenger..Mary.Burke..She.is.only.known.by.half.the.state.but.she.leads.the.governor.in.one.poll.by.a.narrow.margin.

Both candidates are seeking to lure independent

voters to the polls on Election Day.

Page 11: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 1 1 WISCONSIN INDEPENDENT AGENT

• A gender gap exists between the candidates where women support Burke over Walker by a 48% to 41% margin, while men favor Walker 51% to 41%.

• Married voters favor Walker by a 54% to 38% margin, while those never married favor Burke by a 53% to 34% margin. Those who are widowed or divorced favor Burke 53% to 38%.

• 47% approve of Walker’s handling of his job

as governor and 48% disapprove.

• 54% of voters say that Wisconsin is headed in the right direction compared to 41% that say Wisconsin is on the wrong track.

• 49% of voters either haven’t heard of Mary Burke or do not have an opinion of her. In October 2013 that number was 70%.

• Burke is rated favorably by 26% of voters that

know her versus 24% unfavorable.

• Only 8% of voters did not rate Walker. He is seen favorably by 45% and unfavorably by 47%.

• When asked if “able to get things done” describes Walker, 66% say it does, while 29% say it does not, and 4% were unable to say. For Burke, 36% say “able to get things done” describes her, while 28% say it does not, and 35% were unable to say.

GOVERNMENT AFFAIRS

NEW WISCONSIN LAW LIMITS AGRICULTURAL TOURISM LIABILITYWisconsin Governor Scott Walker signed the Ag-Tourism Limited Liability bill (Assembly Bill 746) into law as 2013 Wisconsin Act 269 (WI Act 269). If you are a licensed insurance agent who writes farm and other agricultural related business, it is important that you familiarize yourself with the new law and its potential impact on your customers. Wisconsin farms are often hosts to dairy breakfasts, county fairs, festivals, and other special agricultural tourism events. Farms that offer agricultural tourism activities are a growing and popular attraction for families, yet these types of activities were not subject to the recreational immunity laws in Wisconsin. The idea for the law was brought forward at the request of the Wisconsin Agricultural Tourism Association (WATA) and mirrors laws passed in 22 other states. WATA members had expressed concern about the inherent risks of being on a farm and the threat of lawsuits by persons who visit their farm property while engaging in

agricultural tourism activities. WI Act 269 limits the liability to farmers when the public visits their property for recreational opportunities and educational tours. Farms that charge for visits are required to post signs about potential hazards and risks. The law does not provide blanket immunity if the farm operator acts with willful or wanton disregard for visitor safety. The main requirement of compliance with the law is posting signage at each entrance to a farm. More information about acquiring necessary signage can be obtained at www.luv-r-ag.com. To learn more about the new law, read a legal summary below from the non-partisan Wisconsin Legislative Council.

2013.Wisconsin.Act.269.provides.immunity.from.liability.for.agricultural.tourism.providers.in.two.ways.

First,.the.Act.provides.that.agricultural.tourism.activities.are.“recreational.activities”.under.recreational.immunity.laws..The.Act.also.specifies.that.payments.made.to.purchase.products.or.goods.offered.for.sale.on.a.property.where.agricultural.tourism.occurs.do.not.count.toward.the.general.$2,000.cap.on.payments.received.by.the.activity.provider.that.is.a.condition.under.the.recreational.immunity.law.

Second,.the.Act.exempts.an.agricultural.tourism.provider.from.liability.for.the.death.of.or.injury.to.a.participant.in.an.agricultural.tourism.activity.if.both.of.the.following.conditions.are.met:

1..The.death.or.injury.occurs.as.a.result.of.a.risk.inherent.in.the.agricultural.tourism.activity..

2.The.agricultural.tourism.provider.posts.and.maintains,.in.a.clearly.visible.location.at.each.entrance.to.the.property.or.at.the.location.of.each.agricultural.tourism.activity,.a.sign.that.contains.a.notice.concerning.the.risk.inherent.in.the.agricultural.tourism.activity.

The.Act.withholds.this.exemption.from.civil.liability.from.an.agricultural.tourism.provider.if.either.of.the.following.circumstances.applies:.(1).the.agricultural.tourism.provider.acts.with.willful.or.wanton.disregard.for.the.safety.of.the.participant;.or.(2).the.agricultural.tourism.provider.intentionally.causes.the.participant’s.injury.or.death..These.exceptions.must.be.proved.by.clear.and.convincing.evidence.

SEPTEMBER 2014 | 1 1 WISCONSIN INDEPENDENT AGENT

Wisconsin Legislative Council ACT 269 Summary

Page 12: September 2014 Wisconsin Independent Agent Magazine

PERSONAL INSURANCE

Even the office coffee tastes better with Burns & Wilcox.

Your traditional insurance markets can handle most of your clients’ personal insurance needs, but not all. Even wholesalers have their limits, unless your wholesaler is Burns & Wilcox. As the largest personal insurance wholesaler, our unequaled access to markets means quick solutions for all your hard- to-place risks. Don’t call just any wholesaler. Just call Burns & Wilcox.

Commercial | Personal | Professional | Brokerage | Binding | Risk Management Services

Milwaukee, Wisconsin | 262.347.0266 toll free 800.544.5700 | fax 262.347.0440 milwaukee.burnsandwilcox.com

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35324_BW_Personal_List_WisIA_BigIWis_WI1_MN1_APPROVED.indd 1 5/30/14 3:51 PM

Page 13: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 13 WISCONSIN INDEPENDENT AGENT

FOCUS ON CONTENT

Although the Above the Fold myth has been questioned over the past eight years, we still get asked today about whether or not it’s a good idea to put content below the fold. The definitive answer is yes, it is okay since all usability tests prove that website users today will scroll to view content.

Hoa Loranger, a usability expert and Director at Nielsen Norman Group, recently published an article discussing the following three myths:

Myth #1: Users don’t scroll long pagesUsers do scroll when the content is relevant, organized properly, and formatted for ease of scanning. In fact, people prefer scrolling the page for content over pagination when the topics within that page answer the right questions. The standard scroll wheel on a mouse, arrow keys, and track pads have made scrolling much easier than acquiring click targets.

Myth #2: Customers don’t read information at the bottom of the page

Our eyetracking research show that while users spend 80% of their attention on information above the page fold, they allocate 20% of it

to content below the fold. Reluctance to scroll is a behavior of the past. While you should still be mindful of people’s limited attention span on websites and prioritize content wisely, you shouldn’t fear long formats. People will see the bottom if you give them good reason to go there.

Myth #3: People avoid pages with a lot of contentPeople have the ability to handle vast amounts of information, when presented properly. In Writing for the Web courses, we emphasize the requirement for writing well, and more importantly, writing for web-based reading. Reading and scanning patterns are different between web-based and print-based content. While online users typically

scan for information, it does not mean they want less information. Websites should not be information light. The same information needs to be written, structured, and presented differently.

Rest assured, knowing that people will scroll your website as long as you provide them with well written, relevant content that is targeted to the needs of your website audiences.

While online users typically scan for information, it

does not mean they want less information. Websites

should not be information light.

ABOVE THE FOLD AND OTHER MYTHS ABOUT SCROLLING WEBSITES

Is the term Above the Fold familiar to you?

In yesteryear, Above the Fold was a newspaper term that referenced an advertisers preference to have their display ad appear above the fold of their local newspaper. Today, Above the Fold refers to the content on a website that you can see on your computer screen without scrolling.

You’ve built a successful agency and book of business but don’t have someone to take it over when you retire. What do you do?

Plan your future with Robertson Ryan & Associates. By joining our team it allows you to:

• Keep your book• Remain a trusted advisor to your clients to give them peace of mind• Continue working until you decide to retire • Find the right buyer for your book within Robertson Ryan to maximize your return• Be in the 30% that have a plan

For more information call Gary Burton, Chief Operating Officer, at 414.221.0386. All calls will be kept in the strictest confidence.

70% of agency owners don’t have a perpetuation plan - Let ROBERTSON RYAN Be Part Of Your Future

> Kathy Marks is a digital strategist and partner at TMA+Peritus.

It is okay to place web content below the fold; all

usability tests prove that website users today will

scroll to view content.

Page 14: September 2014 Wisconsin Independent Agent Magazine

14 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

CREATIVE PROBLEM SOLVING CAN LEAD TO AMAZING CUSTOMER SERVICEThe.story.you’re.about.to.read.is.a.five-star,.scale.of.one.to.ten.–.give.them.an.11.–.amazing.customer.service.story..

But first, some background.

Even during a down economy, there are businesses that continue to charge higher prices than their competition. Department stores like Nordstrom’s and Neiman Marcus are not known for bargain prices, yet even in tough economic times, they pack their stores with buying customers.

A fancy upscale restaurant somehow always seems to be busy. How do they do it? Their value proposition is simple: combine a quality product with excellent customer service. Focus on those two areas and a business can increase their chances of success, regardless of the economy and competition.

As an example, here is one of the best customer service stories I’ve heard in a long time.

Whole Foods is an upscale chain of grocery stores known for fresh, organic and higher-end food choices. Along with those higher-end choices, of course, are higher prices. When you charge more you have to up your game. You not only have to offer higher quality products, your customer service has to be strong enough to help make price less relevant.

My friend Kim went to Whole Foods to buy some groceries. He couldn’t find the whipped cream. He went up to a food counter and asked an employee where he could find the whipped cream.

Most employees in this situation would have said something like, “You can find it halfway down aisle four.” That would have been sufficient. However, this employee – let’s call her Susan - is not like most employees, and Whole Foods is not your average grocery store.

Susan came around the counter and actually took my friend to where the whipped cream should have been, but there was no whipped cream to be found. Apparently, the store was out of whipped cream.

At this point a smile and an apology would have been sufficient, but remember, Susan is not like most employees and Whole Foods is not your ordinary grocery store. Susan asked my friend, Kim, if he had

anymore shopping to do, and to come back to her counter in five minutes.

As Kim was telling me the story I was thinking that this is similar to the legendary Nordstrom story, where the salesperson went to another store in the mall to buy the customer an item that they were out of and resold it to the customer.

This was not the case. Remember, Susan is not like…you get it.

What Susan did next puts her into the Amazing Customer Service Hall of Fame. Susan made Kim a container of fresh, “homemade” whipped cream. When she came back with the whipped cream, Kim was amazed.

So, what’s the lesson here?

Customer service is more than saying, please, thank you and being nice. When Susan came around the counter to take Kim to where the whipped cream should have been, she was taking an extra step. Yes, that’s great customer service, but she did even more than that. When she realized the store was out of the product, she became a problem solver.

To sum this up, here is a question: What initiative do you (and your employees) take to solve your customers’ problems?

VIRTUAL UNIVERSITY

Quality products and excellent customer service: focus on these two areas and a business can increase their chances of success, regardless of the economy and competition.

The Virtual University is a Big “I” members-only resource. Many articles are based on real-life questions received by the Ask an Expert service. This service ensures that the information is current and topical. Go to www.independentagent.

com/Education/VU/. You will need to login with your IIABA username and password before using the VU. The IIABA does not assume and has no responsibility for liability or damage which may result from the use of any of this information.

> Shep Hyken is a customer service expert, professional speaker and bestselling author who works with organizations that want to build loyal relationships with their customers and employees.

Page 15: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 15 WISCONSIN INDEPENDENT AGENT

“Relationships are how we do business. We are working toward a common

goal and when we are all on the same page we can work more efficiently.

It is important for me to be easy to work with and do quality work.”

Thomas Tobolic Claims Representative

RELATIONSHIPSIT’S WHY WE STAND OUT FROM THE CROWD

800.666.5692 jmwilson.comManaging General Agency Since 1920

Property/Casualty • Professional Liability • Commercial Transportation • Surety • Personal Lines • Premium Finance

Page 16: September 2014 Wisconsin Independent Agent Magazine

16 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

Great attendance, interesting breakout sessions, panels and workshops, and fine dining and entertainment highlighted the IIAW’s 2nd Annual Sales & Leadership Conference. A huge debt of gratitude goes out to the member agents and company staff that made the event a success. We are already looking forward to 2015!

Thank you to all of our fantastic event sponsors! Platinum Level: AAA Wisconsin, ACUITY Insurance, Anthem Blue Cross Blue Shield, CapSpecialty, Integrity

Mutual, Progressive Insurance, QBE, SECURA Insurance, SFM – The Work Comp Experts, Society Insurance, The Hanover, The IMT Group, Travelers Insurance, West Bend Mutual and Wilson Mutual. Gold Level: Amerisafe, Arlington/Roe & Co., Burns & Wilcox, Madison Mutual and WPS. Silver Level: EMC Insurance and United Heartland. Bronze Level: National General Management Corp.

For more photographs, please visit the IIAW’s Facebook page at www.facebook.com/IIAofWI.

On.the.Wild.Rock.Golf.Course.—.Amy.Brice.(Amerisafe),.Trisha.Ours.(The.Horton.Group),.Janel.Bazan.(Johnson.Insurance).and.Amy.Vue.(Wallrich.Insurance).

2ND ANNUAL SALES & LEADERSHIP CONFERENCE | KALAHARI & WILDERNESS RESORTS | JULY 23-25, 2014

The.most.fashion.forward.foursome.—.Jack.Demski.(Ansay.&.Associates),.Alan.Neva.(Ansay.&.Associates),.Jonathan.Ottman.(Ansay.&.Associates).and.Andy.Spaeth.(Ansay.&.Associates).

It.was.a.beautiful.day.to.raise.some.money.for.the.IIAW.Emerging.Leaders.Committee.Scholarships.—..IIAW.President.Dave.Dunker.(Zingen.&.Braun.Insurance),.Julie.Allord.(The.BenefitWorks),.Jean.Dunker.(Zingen.&.Braun.Insurance).and.Jon.Plamann.

Effectively.Communicating.With.Underwriters.panel.forum.—.Panelists.Jake.Hodgson.(West.Bend),.Tom.Asiala.(The.Hanover),.Casey.Haen.(SECURA.Insurance).and.Meggen.Gagas.(Burns.&.Wilcox).listen.intently.to.Janelle.Higgins.(Neckerman.Insurance).

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SEPTEMBER 2014 | 17 WISCONSIN INDEPENDENT AGENT

2ND ANNUAL SALES & LEADERSHIP CONFERENCE | KALAHARI & WILDERNESS RESORTS | JULY 23-25, 2014

Enjoying.the.Marshmallow.Drive.—.Steve.Richter.(Klinner.Insurance),.Mark.Brodzeller.(Vertafore).and.Steve.Hammarsten.(AmTrust.North.America).

Cindy.Larson.(Arlington/Roe.&.Co.).looks.on.as.Bruce.Prince.(The.IMT.Group).crushes.a.marshmallow.

It.certainly.lived.up.to.its.name.¬—.The.Sunset.Dinner.Cruise.on.Thursday.night.was.a.highlight.of.the.Sales.&.Leadership.Conference..The.food.and.scenery.were.spectacular..

Matt.Banaszynski.(IIAW),.Rob.Gudates.(Philadelphia.Insurance),.Justin.Staebler.(Zingen.&.Braun).and.Marc.Petersen.(American.Advantage).at.Wild.Rock. Photogenic.on.the.links.—.Bruce.Urben.(The.Hanover),.Andrea.Kiemen-Rognsvoog.

(Johnson.Insurance),.Janelle.Higgins.(Neckerman.Insurance).and.Tom.Asiala.(The.Hanover).

The.Sales.&.Leadership.Conference.enjoyed.a.great.turnout.–.a.25%.increase.from.last.year...Here,.attendees.watched.the.panel.forum,.Effectively.Communicating.With.Underwriters,.at.the.Kalahari.

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18 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

AVOID THE TRASH CAN: WHEN TO SEND EMAILSEmail open rates improved again this year, thanks to consumers’ ever-growing use of mobile devices to manage their inboxes. Yet key benchmarks such as click rate and transaction rate continue to decline.

As it gets harder to cut through the inbox clutter, email marketers increasingly seek new ways to upgrade the relevancy of

their communications, according to a new eMarketer report, “Email Benchmarks 2014: Richer Data, Mobile Optimization Crucial for Greater Relevancy.”

The majority of marketers opt to send emails during the week, but marketers switching their send day to Saturday could see higher open rates and average order sizes.

Thursdays saw the highest volume of US email sends in January 2014, according to marketing analytics and competitive intelligence firm TrackMaven. Tuesdays and Wednesdays were equally busy, while both Saturday and Sunday saw the lightest volume. But Q4 2013 data from Experian Marketing Services suggests that perhaps when faced with fewer emails, consumers may be more likely to engage and shop. The marketing services firm found Saturday had the highest open rates and average order sizes compared with all other days. Sunday had the highest click rate and revenue per email averages,

but the lowest order amount.Time of day definitely plays a role in affecting key

email marketing measures, but there is no one silver-bullet time for improving benchmarks across the board. In fact, findings suggest that oftentimes, key measures such as unique open

rate and average order size are at odds. Analysis of emails sent during Q4 2013 by Experian Marketing Services showed emails sent during the nighttime hours of 8pm to 12am saw the highest unique open rates, click rates, transaction rates and revenue per email. However, buyers interacting with email sent during this window were less likely to spend: The average order size was $162, vs. $180-plus for emails sent between the hours of 8am and 8pm. Interestingly, emails sent during that 12-hour block saw lower unique open rates, unique click rates and transaction rates, suggesting marketers might have to consider a tradeoff between these measures and average order size.

MARKETING MINUTE

> eMarketer is the industry’s leading research firm, providing data, insights and perspectives for marketing in a digital world.

The majority of marketers opt to send emails during the

week, but marketers switching their send day to Saturday

could see higher open rates and average order sizes.

Page 19: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 19 WISCONSIN INDEPENDENT AGENT

Always thinking for TOMORROWwill help you and your policyholders TODAY!

We are dedicated to becoming the easiest company for you and your policyholders to do business with! That’s why we havetaken advantage of technology to serve you both better! Of course, we will still happily provide person-to-person assistance.Let us know how we can help your agency become successful and profitable!

With My PI, policyholders have access to their policy, billing, and claim information right from their smartphone, tablet, or computer.

Life Doesn’t Have To Be Overwhelming

Waiting is probably on everyone’s top 10 list of thingsthey don’t like to do!

Now, our Mobile App takes the wait out of filing aclaim, viewing your current claim status, obtainingyour personal policy information, and so much more!

Pekin Insurance Mobile App

Stay connected with us via our social media outlets,Facebook and YouTube. Weekly posts on ourFacebook page provide both fun and usefulinformation while videos on our YouTube channelprovide new information regarding products andendorsements for you to share with your policyholders.

Social Media

In all we do, we are dedicated to going

Beyond the expected.®

PEKIN INSURANCE | 2505 Court Street | Pekin, Illinois 61558 | 800.322.0160, Extension 2394 | www.pekininsurance.com

Page 20: September 2014 Wisconsin Independent Agent Magazine

Our Role in Your Office

Berkshire Hathaway GUARD Insurance Companies can be a key

carrier resource in your office. We have a well-defined focus that has

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Page 21: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 21 WISCONSIN INDEPENDENT AGENT

ERRORS & OMISSIONS

However, where a small, first-party loss amounts to less than the agency’s E&O deductible, there is a temptation to pay the claim directly out of the agency’s own funds, without ever notifying the agency’s E&O carrier. The rationale is that in cases where the agency clearly dropped the ball, and a potential claim is less than the E&O deductible, it’s better to just pay the claim and save the embarrassment and trouble.

This practice, while seemingly logical and expedient, is extremely dangerous. Every E&O expert advises against it. Here’s how it can come back to haunt the agency in the long run. Two recent, true-to-life cases illustrate the dangers of paying small claims without reporting them.

Real Case #1A Personal Auto insured is on vacation out of state. While pulling in to a fast-food restaurant, he dings a car in the parking lot. No one is in the car, so being a good citizen, the insured goes into the restaurant looking for the car’s owner. Following a brief inspection in the parking lot with the car’s owner, both agree that the damage is minor, and is not worth reporting to the police. Our insured gives the car’s owner his driver and insurance information, “just in case more damage is found later.” Upon returning home, our insured calls his agent to report the damage to his new car. When the insured’s file is pulled, the agency discovers to its horror and embarrassment that the new car was reported to the agency, but was never added to the policy. The file has an undated “sticky-note” about the new car, but apparently no action was taken. The CSR has since left the agency. Since the new car was an additional auto and not a replacement auto, both physical

damage and liability coverages are limited if not reported in time (30 days in the 1994 PAP, and 14 days in the 1998 PAP). The agency thus decides to pay the $950 collision claim to their insured’s new car. Two months later, the insured brings in a large envelope from a law firm in the city where the accident took place. The owner of the car is alleging bodily injury from the accident. While the allegation is clearly fraudulent, since no one was in the car when our insured dinged it, the agency reports the potential claim to their E&O carrier. However, when the E&O carrier later discovers that the agency has already paid the $950 first-party collision claim, they deny coverage and defense in the bodily injury allegation.

Real Case #2The insured is a residential contractor. His son recently joined the business, and until he can get established on his own, the son lives in one of the model homes. The builder calls the agency to add coverage for the son’s personal belongings, which the builder estimates to be worth around $8,000. This includes an expensive DVD player and sound system, custom made guitar, laptop computer, and over 300 CDs. Five months later, a fire severely damages the model home. When the builder reports the fire claim, the agency discovers that a former producer who handled the account had simply added an additional $8,000 to the Business Personal Property of the builder’s Commercial Property policy. Realizing that an HO-4 should have been written instead, and with a $10,000 E&O deductible, the agency tells the builder that they made a mistake in how the son’s personal property was handled, and the agency will provide the coverage. One month later, two lawsuits arise out of the claim. The first is by the son, who is disputing the value the insurer placed on his custom made guitar and CD collection. He is suing the agency for failing to write adequate coverage on his property.

Also, a bed-ridden neighbor who suffered serious smoke inhalation injury is suing the son. The fire investigation revealed that the cause of the fire was due to the son having had too many electrical items plugged into one outlet. Since the agency had previously paid the fire claim on the son’s property, the agency’s E&O carrier refused the new claims and any defense. While E&O policy language varies from one insurer to the other, the following provision is typical.

General Terms & Conditions. I. Reporting and Notice. Insured’s duties in the event of a claim or any potential claim: A. The insured shall not, without our written consent, do any of the following: 1. Admit liability; 2. Participate in any settlement discussions nor enter into any settlement; or 3. Incur any costs or expense.

Clearly, when the agencies in these two cases paid small, first-party claims out of agency funds, they violated the provisions of their E&O policies. It is therefore extremely important that any and all claims or potential claims be reported immediately to the E&O carrier, regardless of size, and irrespective of how clear-cut the agency’s mistakes. In addition, no agency staff person should ever admit fault or liability to an insured, or anyone outside the agency, without advice from the E&O carrier.

It.is.extremely.important.that.any.and.

all.claims.or.potential.claims.be.reported.

immediately.to.the.E&O.carrier..

No.agency.staff.person.should.ever.admit.

fault.or.liability.to.an.insured,.or.anyone.

outside.the.agency,.without.advice.from.the.

E&O.carrier.

This article is intended to be used for general informational purposes only and 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.

VOLUNTARY E&O PAYMENTSE&O.claims.are.often.substantial;.some.are.huge..Where.there.is.a.potential.for.a.large.E&O.claim,.every.agency.owner.or.manager.knows.instinctively.to.report.the.claim.or.potential.claim.immediately.to.the.E&O.carrier.

Mike Edwards heads an insurance training firm in Atlanta, GA. He has previously served as the Director of Education for the Independent Insurance Agents of Louisiana, and as a Senior Instructor with the Florida Association of Insurance Agents.

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22 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

Let’s make sure they always dig what they do.

Building working relationships since 1900

Commercial • Personal • Farm-Ag • Specialty

© 2

013

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Page 23: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 23 WISCONSIN INDEPENDENT AGENT

ALWAYS BE CLOSING: 10 TIPS FOR AGENTSWhether you sell life insurance, mortgage protection, disability and critical illness insurance, or annuities, the goal is the same: grow leads and increase sales. The good news is that you are in a sales career that offers multiple ways to grow your business relatively inexpensively.

You may already know and practice these but reading them again can’t hurt. Here are 10 tips every insurance agent should know to close more sales.

1. Listen More, Talk LessAs tempting as it is to sit down and begin explaining all the benefits of your insurance policies and plans, the best thing you can do is let the prospect lead the discussion. Instead of pitching your product, sit down and ask the person you are speaking with about their lifestyle. Ask questions about their family and concerns for the future, and let them tell you what it is they are looking for. Your role is to be an insurance consultant, not an insurance salesman.

2. Don’t Sell Products, Provide Solutions

Instead of jumping into a sales pitch about the great discounts your agency offers on insurance plans, explain to the prospect how what you are offering can help solve a problem they currently have, or potential problem down the road. People are much more likely to purchase products that resolve problems and provide them with peace of mind. You will only be able to do this successfully if you understand the families’

needs and have followed rule number one: Listen More, Talk Less.

3. Highlight Benefits over FeaturesRather than focusing on the technical aspects of an insurance policy (although you do want to be sure the lead clearly understands this prior to purchase), first highlight how having insurance will help them in terms they can relate to. For example, explain how the policy help will pay the bills if they become disabled. Be sure to keep the lead and their needs at the center of the conversation.

4. Leave Something to Remember You By

Most simple life insurance sales – especially lead driven sales – can be a one sit close, but occasionally families will need to weigh their options and put more thought into their

final decision. This is certainly the case with annuity sales or more complex life insurance sales. Be sure you are prepared with specific company or product literature that you can leave behind. At the very minimum, be prepared to leave a business card, because those who do buy may have questions after you leave and will need a way to get in touch with you, especially if or when they need to use the policy.

5. Set Goals and DeadlinesMake sure that your goals are specific. What number of appointments are you going to set this week? 10? 15? 20? How many of those appointments will result in a sale? Be sure your goals are realistic. Rather than aiming for a 100% close rate, aim to increase your insurance sales by 10%. Incremental goals are much more achievable and create an atmosphere of success. Don’t leave your goals open-ended. It’s not enough to say “I will increase sales by 10%.” Instead, give yourself a set deadline. “I will increase sales by 10% every month.”

6. Take Advantage of Networking Opportunities

Take advantage of the opportunity to attend trade shows, conferences and meetings, and network with other insurance professionals in your field. These are great places to make connections, learn from respected industry leaders and stay up to date on industry trends.

7. Ask for ReferralsHave a happy prospect that you’ve helped in the past? Don’t be afraid to ask for referrals. Word-of-mouth is still a viable, and free, lead generating tool.

8. Learn Something New Each DayDevote some time each day to improving your sales and marketing knowledge. Read a book, attend a webinar or listen to an audio

book, and try to learn something new about your field.

9. Associate with Successful Professionals

Surround yourself with successful, positive people. If you are surrounded by people who are meeting their goals, it will help motivate you to achieve your own objectives. Talk to other professionals in the insurance business about what does and does not work, and ask about their experiences when they were in your shoes.

10. Love Your JobIn order to be truly successful, you have to love your job and believe in the product you are selling. People who enjoy what they are doing experience less stress and a higher success rate.

SALES SUCCESS

Have a happy prospect that you’ve helped in the past? Don’t be afraid to ask

for referrals. Word-of-mouth is still a viable, and free, lead generating tool.

> Symmetry Financial Group is based in Swannanoa, North Carolina. Find them on the web at sfglife.com.

Page 24: September 2014 Wisconsin Independent Agent Magazine
Page 25: September 2014 Wisconsin Independent Agent Magazine

TO  RECEIVE  20%  OFF  ANY  2014  IN  PERSON  CONTINUING  EDUCATION  CLASS  ENTER  PROMO  CODE:  THANKS    

2 0 1 4 A U T U M N R E T R E A T

 

IN  PERSON  CLASSES      

E&O  Risk  Management  –  Meeting  the  Challenge  of  Change  6  CE  Credits  Approved  Date:  September  30,  2014  Location:  Eau  Claire  -­‐  Midwest  General  Agency  (R.W.  Scobie)  Time:  8:30  AM  –  2:30  PM  (Lunch  provided)    

E&O  Risk  Management  –  Meeting  the  Challenge  of  Change  6  CE  Credits  Approved  Date:  October  1,  2014  Location:  Appleton  –  Radisson  Paper  Valley  Hotel  Time:  8:30  AM  –  2:30  PM  (Lunch  provided)    

E&O  Risk  Management  –  Meeting  the  Challenge  of  Change  6  CE  Credits  Approved  Date:  October  16,  2014  Location:  Madison  –  IIAW  State  Offices  Time:  8:30  AM  –  2:30  PM  (Lunch  provided)  

    CONTINUING EDUCATION

FOR  MORE  INFORMATION  AND  TO  REGISTER    FOR  THESE  CLASSES,  PLEASE  GO  TO  IIAW.COM  

ONLINE  CLASSES    

Top  5  Life  Insurance  Uses  2  CE  Credits  Approved  Date:  September  17,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  8:00  AM      

Hot  Topics  in  Personal  Lines  2  CE  Credits  Approved  Date:  September  17,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  9:00  –  11:00  AM    

E&O  Risk  Management:    Meeting  the  Challenge  of  Change  6  CE  Credits  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  10:00  AM  –  4:00  PM    

Annuity  Basics  and  Where  They  Fit  1  CE  Credit  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  11:00  AM  –  12:00  PM    

Certificates  of  Insurance  3  CE  Credits  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  1:00  –  4:00  PM    

 

Estate  Planning  Basics  2  CE  Credits  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  1:00  –  3:00  PM    

Liability  Issues  to  Worry  About  –  Indemnity  Agreements  &  Additional  Insureds  2  CE  Credits  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  1:00  –  3:00  PM    

Business  Fraud  Protection  1  CE  Credit  Approved  Date:  September  18,  2014  Location:  ABEN  Online  –  iiaw.aben.tv  Time:  2:00  –  3:00  PM    

Cyber  Liability  3  CE  Credits  Approved  Date:  September  24,  2014  Location:  IIAW  Webinar  –  iiaw.com/events  Time:  8:00  –  11:00  AM    

Unwrapping  the  New  Businessowners    (BOP)  Package  3  CE  Credits  Approved  Date:  September  24,  2014  Location:  IIAW  Webinar  –  iiaw.com/events  Time:  12:00  –  3:00  PM    

Homeowners  Hot  Topics  3  CE  Credits  Approved  Date:  September  25,  2014  Location:  IIAW  Webinar  –  iiaw.com/events  Time:  8:00  –  11:00  AM    

Commercial  General  Liability  Coverages  3  CE  Credits  Approved  Date:  September  25,  2014  Location:  IIAW  Webinar  –  iiaw.com/events  Time:  12:00  –  3:00  PM    

Ethics  &  Agent  Liability  3  CE  Credits  Approved  Date:  September  29,  2014  Location:  IIAW  Webinar  –  iiaw.com/events  Time:  12:00  –  3:00  PM    

T H E W A T E R S R E S O R T M I N O C Q U A , W I

O C T O B E R 8 - 1 0 , 2 0 1 4  

R E G I S T E R A T I I A W . C O M  

Page 26: September 2014 Wisconsin Independent Agent Magazine

26 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

North Named New Senior Vice President of Claims

Philadelphia Insurance Companies (PHLY), a leading property and casualty and professional liability insurance company for niche markets, announces the hiring of Jane North as Senior Vice President of Claims. Ms. North has 23 years of legal experience defending and working on behalf of insurance carriers and corporations.

“Jane’s extensive trial experience with property and casualty and product liability insurance matters makes her a valuable addition to PHLY’s claims

management team,” commented PHLY’s Executive Vice President and Chief Claims Officer Bill Benecke. “Her trial counsel experience and law firm leadership background will also be a great complement to the company.”

Ms. North spent her legal career trying cases in state and federal courts throughout Pennsylvania and New Jersey. She also represented primary and excess carriers in bad faith litigation in several states. A frequent lecturer, Ms. North has presented programs on products liability and bad faith litigation, jury selection and damages evaluations.

Previously, Ms. North was a shareholder with defense firm Deasey, Mahoney, Valentini & North, Ltd. in Philadelphia, PA, where she served as managing partner for several years. She has received several distinguished honors including being named “Pennsylvania Super Lawyer for Products Liability” by Philadelphia Magazine for the last five years. She was also inducted into the Federation of Defense and Corporate Counsel (FDCC), an international organization dedicated to furthering the principles of knowledge, justice and fellowship in connection with professionals involved with the defense of civil litigation. She received her B.A. from King’s College magna cum laude and J.D. from the Villanova University School of Law.

For more information about Philadelphia Insurance, please visit phly.com.

Company Selects RC Inspection from Risk Control Technologies Integrity Insurance has selected Risk Control Technologies Inc., the industry-leading provider of loss control software solutions for insurers and their RC Inspection software solution to help streamline loss control processes within the organization.

“Enhancing our risk control services is key as we work with our Independent Agents to grow Integrity’s commercial business,” said Andy Ott, VP of Commercial Lines for Integrity, “By implementing the Risk Control Technologies solution, we are aiming to improve our risk control processes so we can dedicate more efforts on providing consultative risk control services that help our agents write larger, profitable accounts with us.”

RC Inspection is a complete end-to-end loss control management system used by leading insurers which will allow Integrity to:

• Automate risk control inspection processes to reduce manual tasks.

• Improve the quality and consistency of inspection reports delivered to key stakeholders.

• More effectively track and follow up on outstanding recommendations which affect risk profiles.

• Provide underwriters with high quality, timely data in support of decision-making.

• Virtually eliminate paper loss control files.

• Enhance risk control data-mining and reporting.

• Equip their field loss prevention team with tablet devices to increase productivity on the go.

One of the phases of the implementation of RC Inspection at Integrity will involve the deployment of tablet devices to the field loss control staff loaded with the RC Inspection risk management application for field data collection. This will allow the field staff to collect risk data, photos, recommendations and diagrams as well as schedule ongoing service in the field, even in locations without mobile broadband connections.

Once data is collected in the field, it is then uploaded into a central database which allows underwriters to utilize the information in making underwriting decisions. This central data repository also offers data mining and reporting capabilities which have traditionally been unavailable in the paper-based loss control environment in which most insurers operate.

“We are pleased to welcome Integrity to our growing list of loss control-focused insurer clients” said David Da Costa of Risk Control Technologies, “They are very focused on customer service in all aspects of their business and we believe RC Inspection will help them bolster customer service within the loss control function even further.”

M E M B E R S I N T H E N E W S

Jane.North

Page 27: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 27 WISCONSIN INDEPENDENT AGENT

Katey.Smith

Company Names Smith VP of Human ResourcesIntegrity Insurance has announced Katey Smith has joined the organization as Vice President of Human Resources and Administration. She was previously Director of Human Resources at Associated Banc-Corp.

“We are excited about Katey’s background and history of service to associates in the human resource environment. Continuing to offer innovative and competitive benefits as well as strengthening our approach to talent management is a high organizational priority. Katey is well equipped to support our ongoing strategy to invest in associates at Integrity,” said Integrity

President Jill Wagner.

Smith comes to Integrity with a career dedicated to human resources, which includes six years with Associated Banc-Corp. in their Green Bay headquarters. She also held leadership positions at Bay Valley Foods along with several years supporting human resource activities at the City of Green Bay, Rayovac and Fort Howard Corporation.

Wagner also added, “Katey is the right person to ensure Integrity attracts and retains the top talent in our industry. We are pleased to have her join our leadership team.”

In her role, Smith will provide leadership for all of Integrity’s human resource functions as well as several other key operational services that support associates, agents and policyholders.

For more information about Integrity Insurance, please visit www.integrityinsurance.com.

West Bend Mutual Raises $448,000 for MACC FundWest Bend Mutual Insurance Company, along with independent insurance agents who represent the company and key business partners, raised $448,000 for the MACC Fund, Midwest Athletes Against Childhood Cancer.

Donations were raised at an August 18 event the company hosted at the West Bend Country Club and West Bend’s Prairie Center. This is the fifth time West Bend has hosted this biennial event which raised $292,000 in 2012, $154,000 in 2010, $76,000

in 2008, and nearly $60,000 in 2006.

Accepting the donation were: John Cary, executive director of the MACC Fund; Jon McGlocklin, co-founder and president of the MACC Fund and a former

Milwaukee Buck; Robin Yount, long-time supporter of the

MACC Fund, baseball Hall of Famer; and Andy North, a member of the MACC Fund Fund’s Honorary Athletic Board and two-time winner of the U.S. Open golf championship

“I am very proud of the entire West Bend team who created a perfect day for our event,” said Kevin Steiner, West Bend president and CEO. “Our independent agency partners and business partners stepped up and generously supported the MACC Fund. The impact of their contributions is substantial and certainly gives hope to children fighting childhood cancer and blood disorders.

The MACC Fund is a charitable organization founded in 1976 by McGlocklin and former Buck’s announcer Eddie Doucette to support pediatric cancer and related blood disorder research in Wisconsin. Since its inception, the MACC Fund has contributed more than $50 million to this cause. Cancer is the leading disease-related cause of death in children after the newborn period.

For more information about West Bend, please visitthesilverlining.com.

SECURA President & CEO Takes Ice Bucket ChallengeOn august 18, Dave Gross, SECURA Insurance President & CEO, accepted the ALS Ice Bucket Challenge from independent agent Tom Berra of Charles L. Crane Agency in St. Louis, Mo.

In turn, Dave nominated Chuck Chamness, President & CEO of NAMIC (National Association of Mutual Insurance Companies); Darwin Copeman, President & CEO of Jewelers Mutual; and Stuart Henderson, CEO of Western National Mutual, for the challenge.

In addition to getting soaked in his suit, Dave donated to benefit the ALS Association. SECURA also contributed to the cause to help find a cure for ALS. Watch the video for all the icy details: youtu.be/_a9Rwr-9_2k.

For more information about SECURA, please visit www.secura.net.

M E M B E R S I N T H E N E W S

At.the.MACC.Fund.benefit:.Andy.North,.Robin.Yount,.Kevin.Steiner.and.Jon.McGlocklin

Page 28: September 2014 Wisconsin Independent Agent Magazine

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Page 29: September 2014 Wisconsin Independent Agent Magazine

SEPTEMBER 2014 | 29 WISCONSIN INDEPENDENT AGENT

No one sells like you. No one services like Integrity.

Integrity puts a comprehensive range of services and products

behind each independent agent. With quality imbedded in our

DNA, we help you make a lasting impression with every

customer, at every touch point. It’s partnership that runs deep.

The way it should be.®

For more information, connect with Cathy Beaudin

at 920.968.8326 or [email protected]

integrityinsurance.com

Page 30: September 2014 Wisconsin Independent Agent Magazine

30 | SEPTEMBER 2014 WISCONSIN INDEPENDENT AGENT

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UNITED STATES OF ALEEvery state in the US now has a brewery. From barely a dozen craft breweries in 1983, America now boasts over 3,000. Wisconsin has contributed to this total. According to seattlepi.com, Madison is the number nine emerging beer town in

the country. The article name-checked these breweries: Great Dane Pub & Brewing, Karben4 Brewing, Ale Asylum, Capital Brewing, One Barrel Brewing, Next Door Brewing, Fauerbach, Wisconsin Brewing, Cross Plains, BluCreek, Greenview Brewing, and MobCraft Brewing.

Top 10 emerging beer towns:

10. Columbus, Ohio

9. Madison, Wisconsin

8. Phoenix, Arizona

7. Portland, Maine

6. Atlanta, Gerogia

Source: seattlepi.com

GOT BEER? CZECH!The global beer industry is forecast to have a value of $496.6 billion in 2014. The global wine industry is expected to reach $327.8 billion in 2016. The biggest drinkers in the world live in the Czech Republic. The average person drinks 346 12-ounce bottles of beer per year — the most of any other country. The United States comes in at 15th with 216 bottles drank per year.

Source: jsonline.com

5. Albuquerque, New Mexico

4. Austin, Texas

3. St. Louis, Missouri

2. Anchorage, Alaska

1. Tampa, Florida

Page 31: September 2014 Wisconsin Independent Agent Magazine

A C U I T Y U N I V E R S I T Y P R E S E N T S

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Page 32: September 2014 Wisconsin Independent Agent Magazine

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