The Tennessee Insuror May/June 15

6INSURORTHE TENNESSEE

May/June 2015 Vol. 26 No. 3 10

ISO Files its Most Important HO

Change...

12INSBANK’s

Jim Rieniets

Go Team! Teen Graduated

Licenses

www.insurors.org

Phil Fulmer: A Tennessee Legend

UT Coaching Great will be Keynote Speaker at 122nd Annual Convention

2 The Tennessee Insuror

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contents

INSURORS OF TENNESSEE2500 21st Avenue South, Suite 200

Nashville, TN 37212-0539www.insurors.org

THE TENNESSEE

INSURORVol. XXVI, Number 3

May/June 2015

Phone (615) 385-1898Toll Free: 1-800-264-1898Email: [email protected]

Editor: Charles T. Bidek, CPCUPublisher: Daniel D. Smith Jr.

INSURORS OFFICERSPresident ......................................................... Cindi Gresham, CICImmediate Past President ..................................... Lou Moran IIIIIABA National Director ................................................ Brad SmithVice President, Region I ..................................... Chris Allison, CIC VP, Region II and Pres. Elect .... Christie Reeves, CIC, CPCU, CPIW Vice President, Region III ................................. John McInturff IIITreasurer .............................................. Battle Bagley III, CIC, CPASecretary ...................................................................... Rush PowersDirector, Region I ....................................................... Portis TannerDirector, Region I ...................................................... Edward KaiserDirector, Region I .......................................................... Tim RobertsDirector, Region II ....................................................... Chip FridrichDirector, Region II .................................................... Joe Lester, CICDirector, Region II ................................................. Steve CopelandDirector, Region III ..................................................... Kevin OwnbyDirector, Region III ............................................ Josh Gibbons, AAIDirector, Region III .................................................... Eric CampbellYoung Agents Chairperson .................................... Stuart Oakes

ADVERTISINGDisplay advertising rates, deadlines and specifi-cations may be obtained by writing to Insurors of Tennessee, 2500 21st Avenue South, Suite 200, Nashville, TN 37212, calling 615.515.2601, e-mailing [email protected] or online at

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The Tennessee Insuror is provided to all Insurors of Tennessee members and associate members

as a member service.

3

features

departments

6 ISO Files its Most Important HO Change in 40 Years

10 INSBANK’s Jim Rieniets Get to Know the President & CEO of Our Banking Partner

12 Go Team! Teen Graduated Licenses

14 Daniel Learns About Insurance: Non-Resident Licensing Multi-state Licensing Can Be a Headache, But Help is on the Way

21 From Your President Insurors of Tennessee - Part of Your Team

23 From Your IIABA National Director Independent Agents Working Together Win

25 From Your CEO The New Laws of 2015

29 Education Calendar

31 Government and Legal Affairs

37 Broker Spotlight Martin & Zerfoss

39 Company Spotlight Chubb Group of Insurance Companies

41 Company Briefs

51 Meetings

53 Member Tips Busting the Myths of the Personal Umbrella

4 Phil Fulmer: A Tennessee Legend UT Coaching Great Will be Keynote Speaker at 122nd Annual Convention

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Phillip Fulmer is a Tennessee native who was born in Win-chester, where his love for the game of football began. He played in high school at Franklin County High, and when he enrolled at the University of Tennessee at Knoxville in 1968, made the Volunteers squad as an Guard on the offensive line. He excelled at the position, and was named to the All-South-eastern Conference team.

From 1969-71, he helped guide the team to a 30-5 record under coaches Doug Dickey and Bill Battle. Each of those seasons had successful results, with the team going 9-2 and winning the SEC title in 1969, finishing 11-1 and winning the Sugar Bowl in 1970, and finishing his career as co-captain on a 10-2 team that won the Liberty Bowl.

He worked as a student coach for the Vols in 1972-73, and was hired as a offensive line and linebackers coach at Wichita State in 1974. AFter five seasons with the Shockers, he returned to his home state as an assistant for the Vanderbilt Commo-dores.

A Triumphant Return to Tennessee

In 1980, Fulmer returned to UT to coach the offensive line. He had continued success throughout his career coaching these positions, and saw many of his players go on to succeed in the NFL. In 1989, Fulmer added offensive coordinator to his re-

Phil Fulmer: A Tennessee Legend

UT Coaching Great Will be Keynote Speaker at 122nd Annual Convention

sume, as he was promoted to the position under head coach Johnny Majors.

When Majors had emergency quintuple bypass surgery in August of 1992, Fulmer was put in place as the interim head coach for the Vols. He led the team to a 3-0 start, with mar-quee wins at #14 Georgia and at home over #4 Florida. Majors returned for the fourth game against Cincinnati, but after the team finished the season with a 5-3 run, the university decided to buy-out the remainder of Majors’s contract. UT announced that Fulmer would be the new head coach, effective after the team’s bowl game. However, Majors chose not to coach in their Hall of Fame Bowl game against Boston College, so Ful-mer coached his first game as the official head coach, a 38-23 victory. That gave Fulmer a 4-0 start to his coaching career.

Fulmer helped return Tennessee to national prominence in 1990s, a stretch which included the undefeated 1998 season, when the Vols won the first ever BCS National Championship Game. The Vols appeared in three consecutive Bowl Alliance or BCS games from 1997 to 1999. They posted 10 or more wins from 1995 to 1998, with Peyton Manning at quarterback for from 1995 through 1997. The senior class of the 1998 team compiled a record of 45–5, losing only to Florida (three times), Nebraska and Memphis. Fulmer won two SEC titles as a head coach and led his squad to win or share the SEC East title sev-en times.

Tennessee native and UT coaching legend Phil Fulmer

5The Tennessee Insuror

Success in Life After Coaching

After coaching, Fulmer went into broadcasting as well as oth-er business ventures. He is a founding partner at BPV Capital Management, and serves as part of the Business Develop-ment Team. With his ability to build positive relationships, superb leadership skills, public speaking abilities and “do the right thing” mentality, Fulmer is a great and unique member of the BPV team. Coach Fulmer applies his work ethic, as well as his relationship building and problem solving skills, to his work with BPV. He believes in the importance of honoring his word and he enjoys BPV’s commitment to following through and doing the right thing for clients.

Coach Fulmer has spent game day Saturdays in New York as part of the studio crew for CBS College Sports as well as guest appearances on ESPN, sharing a career’s worth of insight ad experience with college football fans. He continues to be a popular speaker at corporate events on topics that include leadership styles, organizational skills, and communication methods. Coach Fulmer also made an appearance on an Acad-emy Award nominated movie for Best Picture, The Blind Side.

He currently resides in Maryville with his wife, Vicky. Coach Fulmer has four children; Phillip Jr., Courtney, Brittany and Al-lison, as well as five grandchildren. Coach Fulmer’s Back Porch Vista is the place in life that he feels secure that his family is in a good place regarding health, personal and professional hap-piness, as well as financial security.

Insurors 122nd Annual Convention Keynote Speaker

Coach Fulmer will address the Insurors crowd as the keynote speaker at our 122nd Annual Convention, taking place Oc-tober 10-13 in Knoxville at the Holiday Inn World’s Fair Park. He will speak during our Sunday night opening celebration on October 11th. Get more information, or register now, at http://www.insurors.org/convention u

Coach Fulmer Career Highlights

1969 SEC Championship player1970 All-SEC team selection as offensive guard1971 Co-captain of the UT Volunteers1997 SEC Championship Coach1998 SEC Championship Coach1998 National Championship1998 AFCA Coach of the Year1998 Eddie Robinson Coach of the Year1998 George Munger Award1998 Home Depot Coach of the Year Award1998 Sporting News College Football Coach of the Year1998 SEC Coach of the Year2001 Tennessee Sports Hall of Fame2008 Knoxville Sports Hall of Fame2012 National Football Foundation College Football Hall of Fame

During Coach Fulmer’s run at UT from 1992-2008, he amassed a 152-52 record, and his .745 winning percentage ranks in the Top 5 in modern college football history. During his ten-

ure, he coached and mentored 18 All-Americans and 92 NFL draft picks. A conference champion player himself in the SEC, Coach Fulmer’s football teams were consistently tough, and built on his motivation of his teams to earn victories when the pressure was highest.

Coach Fulmer also had a reputation as an ace recruiter, lead-ing many analysts to praise him as one of the game’s top head coach recruiters. His holistic approach earned Fulmer unprec-edented recognition from his peers—the second coach in history to earn the Eddie Robinson Coach of Distinction Tro-phy, the presidency of the American Football Coaches Asso-ciation, and national, regional and conference coach of the year honors.

He was most recently was inducted into the 2012 National Football Foundation and College Football Hall of Fame. In or-der to be considered for the Hall of Fame, Coaches must have served at least 10 seasons and 100 games while posting a win-ning percentage of at least .600 and Coaches under the age of 70 must have been out of coaching for three years. Coach Fulmer is one of the youngest coaches to be inducted into the Hall of Fame which signifies the respect he received from his peers as being selected in to the Hall on the first ballot.

Fulmer raises the 1998 National Championship trophy

Fulmer congratulated before a UT game for his Hall of Fame induction photo by Parker Eidson of The Daily Beacon


Fourteen years ago, in the March 16, 2001 edition of our Virtu-al University VUpoint newsletter (Vol. 2, No. 6), we published what I believe was our first article on what would later become known as the “Where You Reside” homeowners insurance is-sue. That article was followed by several more related articles emphasizing the importance of a potentially catastrophic coverage gap in most homeowners policies we reviewed. In order to bring the issue to focus, in October 2009 we com-bined all of the articles into a white paper and presented a countrywide webinar on December 3, 2009. Both the white paper and webinar are linked from the “Where You Reside” page in the “Featured Resources” area of the VU. In the meantime, in 2005, our national Technical Affairs Com-mittee presented this issue to ISO in our annual meeting with them. For 10 years, we pursued a remedy for ISO HO forms in this forum and at the Mid-America Insurance Conference via a series of points and counterpoints until, in November 2014, we were able to reach a negotiated agreement on changes to ISO’s Homeowners program that we all could live with. Nei-ther viewpoint “won” but we believe the resolution is work-able and a starting point for further evolution and tempering of this homeowners issue. The countrywide ISO filings effecting this change have been made with an effective date in most states of October 1, 2015. The forms changes include a new mandatory endorsement, an optional broadening endorsement, and a nonfiled notice/questionnaire form. The purpose of this article is to provide an overview of the issue and the purpose of the ISO filings. We will also identify several caveats and preview several ini-tiatives we plan to undertake this year.

The Problem

Consider the following scenarios:

A homeowner is confined to a nursing home and then learns she will never be able to return home. Her home is fully fur-nished and full of her personal property, but she no longer lives there and will not be able to return. According to one interpretation by a number of adjusters and courts, at the instant she learns that she will not be able to return to her home, her residency ends and so does the coverage on her dwelling. If it is destroyed overnight by a covered peril, she has no coverage for the damage to her home, the largest as-set she owns and one she would probably need to sell in or-

ISO Files Its Most Important HO Change in 40 Years by Bill Wilson, Big “I” Virtual University

der to afford the costs of long term nursing home care.

You sell your existing home and buy or build another home. Your new home is ready and the purchasers of your old home have qualified for a loan that will be closed in 5 days. In the meantime, you move to your new residence which you have insured on a new HO policy and you allow the purchasers to begin painting, replacing carpeting, etc. in your old home. Your existing HO policy remains in force on your old house until the closing. Unfortunately, a tornado strikes the day be-fore the closing and the adjuster denies the claim because you no longer reside in the home.

You purchase a “fixer-upper” and place homeowners cover-age effective on the date of closing. You plan to move into the home in 28 days after your contractor son completes some renovations (hardwood floors, new kitchen countertops and appliances, bathroom remodeling, etc.). Three days after the closing, a fire breaks out overnight causing $186,000 in dam-age to the dwelling. When the adjuster learns that you have not yet moved into the home, he denies the claim based on a lack of residency, citing three court cases in your state up-holding such claim denials. These are not hypothetical situations. In our original white paper on this issue, we identify over a dozen scenarios where residency may end during the policy term. We also cite a simi-lar number of court cases that have considered this coverage scenario. Some courts overruled the claim denials, but a slight majority of decisions that we have identified have agreed with the interpretation that the end of residency ends the coverage on the dwelling. In addition, based on real-life claims submit-ted through the VU “Ask an Expert” service or directly by mem-ber agents, we are aware of at least a dozen claim denials:

Total loss while insured was in a nursing home (KY)•$100,000+ condo rental claim (FL)•5-figure loss while home was being remodeled (AZ)•$186,000 renovation claim (GA)•$150,000 ten-month house rental (FL)•$135,000 four-year house rental (FL)•$123,000 two-year house rental (FL)•$300,000 “nonclaim” with daughter occupancy (NY)•$229,000 total loss with niece occupancy (MN)•Small fire loss (NC)•Fire loss with daughter’s temporary occupancy (PA)•Fire loss while house was undergoing renovation (RI)•


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Using the ISO HO-3 policy as a model form, this is the lan-guage being cited in the claim denials we’ve heard about and most of those in the court cases we’ve reviewed: HO Insuring Agreement:“We cover… The dwelling on the ‘residence premises’ shown in the Declarations…” HO Definitions:“’Residence premises’ means… The one family dwelling where ‘you’ reside…” The basis for these denials is that, according to the policy definition of “residence premises,” if “you” (named insured or resident spouse) don’t reside in the dwelling at the time of loss, the dwelling is not a “residence premises” and, if it’s not a “residence premises,” then the insurer does not cover, under the insuring agreement, the dwelling because it’s not on the “residence premises.” The “where you reside” language was not in ISO’s 1976 HO policies, nor was its addition in the 1984 edition mentioned in that filing. The language has been in subsequent ISO HO forms in 1991, 2000, and 2011. Our research also indicates that this language is common in most non-ISO HO forms in the marketplace, though not all policies. For the record, OUR interpretation does not agree with that of a number of adjusters and courts. Numerous courts have held that, to be enforceable, an “exclusion” must be “clear and conspicuous.” We believe that coverage for the primary asset owned by a family should not hinge on three words in a defi-nition referenced from an insuring agreement. There is noth-ing “clear and conspicuous” about this language that would lead an insured to believe that an interruption of residency would suspend coverage on the dwelling. From the stand-point of public policy, it makes little sense that, if the insured is operating a meth lab and blows up his home, there is cov-erage under his HO policy, while there is no coverage for a tornado destroying her home the Friday evening an 80-year-old homeowner learns that she will be confined to a nursing home henceforth. Courts that have found FOR coverage have generally inter-preted the “where you reside” language to be “words of de-scription,” not a warranty of occupancy or a condition for coverage. Additional rationales for our continued position on this are outlined in our original white paper. And, for what it’s worth, in a past Property Loss Research Bureau publication, PLRB also took the position that this language does not pre-clude coverage for damage to a dwelling.

IIABA/ISO Negotiations

The Big “I” national Technical Affairs Committee meets annu-ally with ISO to discuss changes in, or additions to, ISO policy form portfolios that we believe are beneficial to consumers and businesses. Our agendas are typically 150-200 pages.

Some of our recommended changes are accepted fairly quickly by ISO, others are declined, and many others are dis-cussed over a period of years before being accepted by ISO or dropped by our committee. In the case of the “where you reside” issue, we considered a number of options over a ten-year period before we reached a compromise with ISO for changes in their HO forms. The preference of our committee would be the complete elimination of the “where you reside” language, but that was not a resolution ISO could accept. So, unlike Congress, we compromised on a mandatory conditional “grace period” en-dorsement and an optional endorsement that does eliminate the “where you reside” language. While, from our perspective, this is not a perfect nor ideal solution, it is one that is workable if certain caveats are followed by all parties, as discussed later in this article. In the meantime, let’s examine the changes be-ing made in two new ISO filings – forms and rules – that have a proposed effective date in most states of October 1, 2015, along with a non-filed notice/questionnaire form.

ISO Filings

ISO has made two countrywide filings:

Forms Filing HO-2015-ORPFRHomeowners Residence Premises Definition Revised; Option-al Endorsements Introduced

Rules Filing HO-2015-RRPRUHomeowners Manual Rules Revised

Forms Filing HO-2015-ORPFR

The forms filing includes the following new endorsements:

HO 06 48 10 15 – Residence Premises Definition Endorse-•mentHO 06 49 10 15 – Broadened Residence Premises Defini-•tion Endorsement

HO 17 47 10 15 – Broadened Residence Premises Defini-•tion Endorsement – Unit-OwnersHO 17 48 10 15 – Residence Premises Definition Endorse-•ment – Unit-Owners

MH 04 26 10 15– Residence Premises Definition Endorse-•ment – MobilehomeMH 04 27 10 15 – Broadened Residence Premises Defini-•tion Endorsement – Mobilehome

The three “Residence Premises Definition Endorsements” are mandatory forms… the HO 17 48 is used with the HO 00 06 condo form while the HO 06 48 is used with all other HO forms. The three “Broadened” endorsements are optional forms… the HO 17 47 is used with the HO 00 06 condo form while the HO 06 49 is used with all other HO forms. There are two complementary Mobilehome program endorsements.


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Mandatory Endorsements

Using an excerpt from the above forms, the mandatory en-dorsements redefine “residence premises” to mean the “dwell-ing where you reside… on the inception date of the policy period shown in the Declarations and which is shown as the ‘residence premises’ in the Declarations.” The highlighted lan-guage is new and is explained by ISO in the filing as follows [emphasis added]: These endorsements introduce revised language to more explic-itly describe that the residency requirement, when determining coverage applicability, will be satisfied as long as the insured resides at the residence premises on the inception date of the policy period. Currently, depending on insurer claims practices, a policyholder may or may not have coverage when they cease to reside at the residence premises mid-term or at renewal. These revisions will provide coverage through the end of the policy pe-riod despite mid-term changes in residency while allowing an in-surer the opportunity to confirm residency as part of the renewal underwriting process. In other words, if the insured resides in the dwelling at the inception of the (new or renewal) policy period, coverage re-mains in force even if the insured should discontinue residen-cy later in the policy period. This “grace” period lasts through-out the policy term but should be reaffirmed by the carrier on each renewal.

Optional Endorsements

The optional endorsements completely remove the “where you reside” language from the “residence premises” definition for a specified period of time in indicated on the endorse-ment. As we read these new endorsements, they can be used in two ways. First, the inception and termination dates on the endorse-ment can be identical to the policy’s inception and termi-nation dates. This is the solution IIABA sought from the be-ginning. Our position has always been that residency is an eligibility issue, not a coverage issue, and should be dealt with as an underwriting consideration, as it was in the pre-1984 HO forms. Second, these endorsements can be used to temporarily re-move the “where you reside” language during a specified por-tion of the entire policy term. The best example of this use is when a policy if first issued on a newly built or purchased home. Residency in the home may not take place for several days or a week or more following the closing of a loan. Or, as presented as a scenario at the beginning of this article, the homeowner may wish to spend a month or longer renovating the home… this endorsement could serve to clarify that there is no residency until the renovations are complete.

Rules Filing HO-2015-ORPFR

continued on page 41


That approach has worked just fine for Rieniets, who today is leading one of the state’s most successful small banks, which has carved a niche in serving primarily commercial clients. INSBANK’s deal last year to partner with the Tennessee Medi-cal Association to create TMA Medical Banking, a division of INSBANK, is a reflection of Rieniets’ philosophy of taking ad-vantage of what it does best.

“I think, increasingly, banks are going to have to differentiate themselves from their competitors,” he says. “In a lot of cases, that objective can be met by developing niche expertise in certain lines of business.”

INSBANK had an existing relationship with the TMA and was serving as the association’s bank as well as providing services to a number of individual physicians. The TMA had previous-ly entered into “endorsed provider” agreements with other banks, but it approached INSBANK about developing some-thing beyond that. The result, TMA Medical Banking, operates as a division of INSBANK and offers a range of products and services tailored for physicians.

“The approach we took is the same one we take on a daily ba-sis throughout the bank, and that is not to try to be all things

The article was originally featured in January 2015 issue of The Tennessee Banker magazine and is reprinted with permission.

Looking back on his childhood in Houston, Texas, INSBANK President and CEO Jim Rieniets doesn’t remember wanting to be anything in particular when he grew up. “Maybe a super-hero,” he says with a smile. Years later, however, he left Hous-ton for Vanderbilt University with the intention of getting his medical degree.

“I soon realized there were more fun things to do while in col-lege than spend all my time in the chemistry lab,” says Rieniets (pronounced Ree-nits), and he heeded the advice of adults in his life and decided to study something he found interesting. “They told me that, unless I were going to be an engineer or a doctor, it really didn’t matter what my degree should be.”

So Rieniets majored in Latin American Studies—an interdis-ciplinary focus that included history, political science, lan-guage, anthropology and sociology—without a particular idea of what he would do with it. Maybe the CIA. Maybe inter-national business in Brazil. Instead, he got a job out of college in banking at National Bank of Commerce in the commercial banking group.

Like several other prominent Tennessee bankers, Rieniets considers former NBC Chairman Tom Garrott to be his early career mentor, someone he says was both “tough” and “a vi-sionary.” Although he went on to get his MBA, Rieniets says that his undergraduate studies in a nontraditional banking track prepared him well. And he thinks there is plenty of room in the industry for people who do not take a more traditional path.

“I think the biggest thing for someone considering a bank-ing career is to develop their decision-making skills and their people skills. They are every bit as important as the numbers skills. We use simple math, not rocket science. We’re not doing linear algebra managing a bank bal-ance sheet. “As a banker, I put the ability to work well with people, and problem-solving and decision-making skills, ahead of what your technical training in college was.”

INSBANK’s Jim Rieniets Get to Know the President & CEO of Our Banking Partner

continued on page 48

INSBANK President &

CEO Jim Rieniets


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As a mom of boys, I’m constantly reminded of how much energy they have and how hard it can be to keep up. I can’t imagine my life without those two smiling faces and the hugs I get regularly, especially when they are begging for new pair of “Super Fly” Nike shoes. It’s a big job being a parent and making sure your child is equipped with all the necessary life skills to succeed, but most importantly, survive.

Navigating this thing called parenting can be challenging. We have all endured the moments when maybe we could have done something differently to change the outcome of our children’s lives. One of the most important milestones in the teenage years is the day your child becomes old enough to drive. It’s a momentous occasion for that teen when they take the keys, open the car door, turn on the engine and drive for the first time independently. But wait! Hit the brakes! Parents, have you done all you can to make sure your teen is ready to take on this responsibility? You wouldn’t just throw your child the keys and say “good luck” now would you? There are many opportunities to educate our teenagers on how to become safe drivers. As an insurance agent, you are one the first lines of defense.

The Graduated Drivers License Program

One of the best ways to ease teenagers into safe driving hab-its is the Graduated Driver License law. The State of Tennes-see implemented the Graduated Driver License Law in July of 2001. Tennessee’s Graduated Driver License (GDL) Program is a multi-tiered program designed to ease young novice drivers into full driving privileges as they become more ma-ture and develop their driving skills. By requiring more su-pervised practice, the State of Tennessee hopes to save lives and prevent tragic injuries. The law places certain restrictions on teens under the age of 18 who have learner permits and driver licenses. The program requires parent/legal guardian involvement, and emphasizes the importance of a good driv-ing record.

Another initiative is The Tennessee Safe Driving Coalition, which is a Coalition made up of numerous organizations committed to helping teens leverage the proven principles of Graduated Driver Licensing (GDL). It is affiliated with state and local government, law enforcement and public health agen-cies, traffic safety and injury prevention organizations, aca-demia and businesses as well as teen, parents and crash vic-tims. While teen crashes and fatalities nationwide decreased, our goal is zero -- no crashes, injuries or fatalities. Ensuring teens survive the most dangerous time of their lives is not just the responsibility of parents, law enforcement and school of-ficials, but of every citizen. The mission is to establish a cul-

Go Team! Teen Graduated Licenses

written by Megan Buell, Marketing Director, Tennessee Department of Commerce & Insurance

ture of a safe teen driving based on the proven principles of a Graduated Driver Licensing system in order to end crashes, injuries and deaths involving teen drivers on our roads. TTSDC will strive to engage, educate and mobilize communities to work collectively to develop and improve teen driver safety programs, practices and activities based on proven princi-ples.

Reduce TN Crashes and Governor’s Highway Safety

The Reduce TN Crashes website was created to increase the number of high school students participating in traffic safety awareness programs. Visitors to the program’s website are confronted with a map of the teen crash rate for each coun-ty in Tennessee, and an option to register a school for the GHSO Traffic Safety Awards Program and receive a “One Text or Call Could Wreck It All” banner, signs reading “No Texting While Driving” and “Buckle Up America,” and other signage and marketing materials. Over 400 activities to raise aware-ness for safe driving have been completed at the 132 schools already involved, and with the leaderboard displayed on the site, competition is driving more schools to sign up and earn points! Cookeville High School was the first to earn all three Bronze, Silver and Gold Safety Awards, and is now working to maintain their Gold status by continuing awareness activities in Putnam County, the county with the highest teen crash rate in the state. Currently, more than two-thirds of the counties in Tennessee are actively involved in promoting safe driving while following GDL laws through over 50 traffic safety activi-ties listed on the Reduce TN Crashes website. Corporations, government agencies, non-profits, and foundation organiza-tions are responsible for many of the activities, such as Bridge-stone with Teens Drive Smart, Ford with Driving Skills for Life, the Department of Health’s Battle of the Belts, GHSO’s Click It or Ticket, and the Blake McMeans Foundation. Stakehold-ers are able to have their programs made more accessible to Tennessee teens through the Reduce TN Crashes website, encouraging schools and communities to make the push for involvement, build momentum, and produce tangible results in reducing teen crashes in Tennessee. For more information, please visit www.ReduceTNCrashes.org.

The Governor’s Highway Safety Office’s Thumbs Down cam-paign is designed to increase awareness about distracted driving in Tennessee and to discourage the behavior of tex-ting while driving. Their website, www.thumbsdowntn.com, has a variety of information that can be shared with the pub-lic: infographics, victim testimonies and a distracted driving pledge. Any agency can get involved on social media by posting photos using #ThumbsDownTN. A limited number of car decals are also available for distribution at local offices.


play. Part of ensuring a healthy community, is making sure our children are safe.

I invite you as an industry partner to put on your coaches’ shirt, grab your whistle and be ready to coach your team to victory. Families rely on you to provide information that will support and aid in the safe keeping of their family. Take a look at the info cards pictured below and the materials available on the websites I mentioned and consider sharing them with your clients. Let’s work together to win this game and keep our teens and drivers safe! u

For more information, contact Amanda Brown at [email protected]

These initiatives are part of a state-wide call to action cam-paign. We need all communities to step up and rally for our teenage drivers. Our teens are precious and need support from not just their parents, but community partners as well. Here at the Department of Commerce and Insurance, we are committed to working with our Insurance industry partners to promote teen safe driving. It is important we work togeth-er to make our communities the best place to live, work and

The info cards below are available through TNTrafficSafety.org

ARR VE

.org

TEEN RISK FACTORSTEEN RISK FACTORS

SOURCES: NHTSA 2010, TN DL MANUAL

27 people die each day in alcohol-impaireddriving crashes.

In 2010, the use of seat belts in passenger

vehicles saved 12,546 lives.

Distracted-driving crashes kill 8 people

every day.

Work-zone crashes kill a teenager every 3 days.

T E N N E S S E E G R A D U A T E D D R I V E R L I C E N S E

helping you ARR VE

When parents know their state’s GDL laws, they can help enforce the laws and, in effect, help keep their teen drivers safe.

LEVEL 1 LEARNER PERMIT (PD)*

REQUIREMENTS: 15 years old • Vision exam • Knowledge test • SF-1010 school form • Parent signature • Proof of U.S. citizenship/lawful permanent residencyISSUED FOR: 12 months*RESTRICTIONS: Accompanied by licensed driver 21 or older in front seat • No driving between 10 p.m. and 6 a.m. • Seat belts mandatory for driver, front seat occupants and all passengers (child restraint devices for 9 & under)• All cell phone use (including texting) prohibited

LEVEL 2 INTERMEDIATE RESTRICTED (IR)*

REQUIREMENTS: 16 years old • Valid PD held for 180 days • SF-1256 formcertifying 50 hours’ driving experience (must include 10 hours at night)• Pass driving test • Cannot have 6 or more points in last 180 daysISSUED FOR: Until age 21RESTRICTIONS: One passenger in car* • No driving between 11 p.m. and6 a.m. • Seat belts mandatory for driver, front seat occupants and allpassengers (child restraint devices for 9 & under) • All cell phone use (including texting) prohibited

LEVEL 3 INTERMEDIATE UNRESTRICTED (IU)*

REQUIREMENTS: 17 years old • Valid IR for 1 year • Must not have accumu-lated 6 or more points on driving record, an at-fault accident or a 2nd seat belt conviction. (Note: Any of these convictions add 90 days waiting to the IR.)ISSUED FOR: Until age 21RESTRICTIONS: Seat belts mandatory for driver, front seat occupants and all passengers (child restraint devices for 9 & under) • All cell phone use (including texting) prohibited

LEVEL 4 REGULAR CLASS D DRIVER LICENSE*

REQUIREMENTS: 18 years oldISSUED FOR: Until age 21 (“Under 21” indicator will remain)RESTRICTIONS: Seat belts mandatory for driver, front seat occupants and all passengers (child restraint devices for 9 & under) • Texting and driving prohibited

GDL

*For specific info and/or exceptions, see the TDOS Driver Handbook.

.orgon Cell Phones 55-50-311 (n)(1) and 55-8-199, Seat Belts 55-9-602, 603

and 606 and Underage Drinking 55-10-415.

GOVERNOR’S HIGHWAY SAFETY OFFICE

14 The Tennessee Insurorphoto courtesy Flickr/Joel Kramercc

Daniel Learns About Insurance: Non-Resident Licensing Multi-state Licensing Can Be A Headache, But Help is on the Way written by Daniel Smith

Insurors Director of Communications Daniel Smith is far from an insurance expert, but he is trying to learn! In this series he will look into insurance industry and coverage questions he has about popular trends in day-to-day life.

“See Seven States - See Rock City”

Growing up in Chattanooga, this was a ubiquitous phrase used for marketing Rock City, the mountain attraction with views for miles. In fact, if you’ve driven in Tennessee for al-most any length of time, you’ve probably seen this phrase painted on a barn roof. And although you could argue how many of those seven you could actually see on a clear day, one thing that is clear is that Tennessee is pretty unique in the number of states surrounding our borders.

Only Tennessee and Missouri share borders with eight other states. So it is only natural that so many of our agents do busi-ness across state lines. That allows for some great business opportunities, but it can also cause headaches when it comes to non-resident licensing. Dealing with different states’ regu-lations on licensing can take up a lot of time, especially for agencies that conduct business across the country.

Your Association May Have Found the Answer

In a multi-year effort that has become one the largest legis-lative victories for the Big “I” in recent history, Congress passed the Terrorism Risk Insurance Program Reauthorization Act of 2015. This “ T R IA”

law not only reauthorized the program for six years, it also created a non-governmental, nonprofit corporation known as the National Association of Registered Agents and Brokers (NARAB). Participation in NARAB is voluntary and open to all agents in good standing in their respective state.

The primary benefit of participation in NARAB is that it creates a “central clearinghouse” to satisfy the licensing requirements for non-resident states. Once approved for membership, an insurance producer can utilize NARAB to maintain licensing for operating in any state. This will not eliminate the process of meeting state requirements, but it will streamline the pro-cess. Fingerprinting requirements, proof of citizenship, excise taxes and other regulations will still be part of the process for certain states.

How Will it Work?

Once a licensed agent is approved and joins NARAB (and there will almost definitely be a fee for membership), they will identify the “jurisdictions” that they are seeking authority to operate in as a producer. NARAB will then collect the appro-priate licensing fees for the states selected, and remit them as needed to regulators.

NARAB will then coordinate with the individual states to con-firm licensing requirements for the producer, and once con-firmed, will notify state regulators and the NAIC that the pro-

ducer is authorized to do business in the corresponding

state(s) they h a v e


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selected. The processes and procedures are still being final-ized, but it is expected that this will be an electronic process with a very short timeframe. Once fees are collected and dis-tributed, the authorization should be instantaneous.

Nonresident jurisdictions may still impose licensing and ap-plication requirements on NARAB members, but they cannot require anything of a NARAB member that would not be re-quired of a regular non-resident licensee. They also may not charge a greater fee to NARAB members. In addition, NARAB may encourage states to develop a more uniform set of regu-latory requirements for licensing. Although this a much more long term goal, it still has the potential of improving the sys-tem.

Are There Any Disadvantages to Being in NARAB?

It remains to be seen what the final NARAB procedures will look like, and there are still some hurdles to getting the pro-gram in place. The law requires that NARAB be operational within two years of enactment or NARAB’s incorporation, whichever comes later. So we could still be waiting a few years to see everything be in order. In addition, agents that choose to participate in NARAB will likely need to surrender their current non-resident licenses in order to facilitate the re-newal process through NARAB only.1 That may create some initial burden, but it should have long term benefits.

The Big “I” will play a major role in NARAB’s implementation, and they will be releasing updates as the process progresses. A board of directors, consisting of state insurance commis-sioners and representatives of the insurance industry, must be formed, and the President may appoint board members as well.

It is also important to keep in mind that NARAB is intended to preserve state-based insurance regulation and consumer protections—it does not create a federal regulator for insur-ance and the states would retain their regulatory authority over consumer protection, market conduct and unfair trade practices. The states also would retain their rights over resi-dent licensing, as well as supervision, discipline and the es-tablishment of licensing fees for insurance producers.2

So while it may take time, look forward to better days ahead for non-resident licensing, and remember - SEE ROCK CITY!

1-Per “‘How Will NARAB II Affect Individual Producers? ” via Vertafore at http://www.vertafore.com/resources/Blog/How-Will-NARAB-II-Affect-Indi-vidual-Producers2-Per “Producer Licensing and NARAB II” via NAIC at http://www.naic.org/cipr_newsletter_archive/vol3_prod_licensing_narab2.htm

About the Author

Daniel Smith serves as the Director of Communica-tions for Insurors of Tennessee. He has a Bachelors degree in Marketing with a minor in Graphic Design from the University of Tennessee at Chattanooga. He may be contacted at [email protected]. u

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Aaron Jensen is a native of Dayton, Ohio, and was raised in Northwest Brazil. After living in m u l t i p l e l o c a t i o n s including Europe, Hawaii and Atlanta, he now resides in Elizabethton with his wife Amy and their four children. He is active in his church, as well as Rotary and other groups.

The Insuror: Can you tell us a little about

your current job title and responsibilities?

Aaron: I am a property/casualty and surety bond producer with Shafer Insurance Agency in our Kingsport office and am responsible for maintaining and growing our business in the Tri-Cities area. Although I handle insurance for several types of clients, my focus primarily has been in providing bonds and insurance for commercial contractors in Northeast Tennessee.

The Insuror: What can you tell us about your educational background?

Aaron: I earned a Bachelor of Science degree in Biblical Studies from Columbia International University in Columbia, South Carolina in 2002. After entering the insurance industry in 2008 I first pursued and earned my Associates in Fidelity and Surety Bonding (AFSB) and am currently pursuing my CPCU.

The Insuror: How and why did you get started in insurance?

Aaron: Like many in my position, bonds and insurance found me. Prior to insurance, my career experience was in sales - both in the technology and medical device arenas. I have always enjoyed the consultative sales process where I can play a integral role in organizations by providing products or services that help them run their business and reach their goals. Helping organizations manage risk and bond programs gives me that same satisfaction.

The Insuror: Do you have any influences/role models in the industry?

Aaron: Absolutely. Four names come to mind immediately: Andy Shafer, Keith Steere, Jason Tallent and David Humphries. Coming into a new industry in 2008 I had to rely heavily on the experience and expertise of those around me to be successful. All four of these played, and continue to play, key roles in different facets of my development. The one whom I spent the most time with was Keith Steere, who was a well respected and extremely knowledgeable bond and insurance professional. Unfortunately, Keith passed away in 2013, but a lot of what I learned from him continues to influence me daily. I am privileged to be able to still have Andy, Jason and David as influences and role models for my career.

The Insuror: Is there any advice you could offer Young Agents or others in the industry to achieve success?

Aaron: Two things come to mind that I think all agents young and old can consider. The first is that insurance, like many industries, will continue to change and there will always be something to learn - so always be learning! Read industry news, publications, know what laws are changing etc. The Tennessee Insuror of course is a great resource. Continuing to develop your knowledge and skill set is key, and know that this process will always be ongoing.

The second dovetails from your last question; be involved in mentoring. I am where I am now because of the people with which I’ve been able to surround myself. Always try to have someone more experienced and knowledgeable than you a phone call away. Learn all you can from their successes and failures. The second part of this is when the opportunity arises - and it will - be a mentor to someone else who is rising in the industry.

The Insuror: As an independent agent, you have many partners in this industry, including carriers, MGAs and many more. How do you determine which ones are the right relationships?

Aaron: Just like I want to help my customers meet their goals, I look for partners who are looking to do the same for me and our agency. A lot of what I spend my time doing is finding solutions to situations and problems. A carrier or broker who can help me find solutions to these problems are the ones on which I can depend and continue partnerships. Some key traits that really make carriers stand out are their timeliness in response and their ability to provide a path of least resistance.

The Insuror: Thank you for giving us your time Aaron,

Future Leaders Spotlight presented by

AaronJensen,AFSB•Shafer Insurance - Kingsport

Aaron Jensen of Shafer Insurance


Below are some updates on the events scheduled for Young Agents in 2015. Please mark your calendar and join us for these opportunities to network.

July 30 - Young Agents ReceptionFlyingSquirrelBar•5:30-7:30pmEST•Chattanooga

October 10 - Young Agents Sponsored Coat DriveWorld’sFairPark•UTvs.UGATailgate•Knoxville

October 12 - Young Agents Reception at Annual ConventionLocationTBD•Knoxville

Young Agents Committee

Stuart Oakes - ChairProducer/Construction DivisionTIS Insurance [email protected]

Paul Steele, CIC, CRM - Immediate Past ChairProducer/AgentMartin & Zerfoss, [email protected]

Tim Treadwell V - Region IAccount ExecutiveBoyle Insurance [email protected]

Brent Chance - Region IIPrincipal Agent/OwnerIvy [email protected]

David Allen - Region IIIPrincipal AgentRSS [email protected]

For more information, please e-mail [email protected]. u

Aaron Jensen Shafer Insurance Agency, KnoxvilleAdam Reeves Union City Insurance Agency, Union CityAndrew Powers Burke, Powers, and Harty Insurance, BristolBlake Dickens Harris, Madden and Powell, MemphisBrandon Patterson Ownby Insurance Services, SeviervilleChad Richardson Swallows-Newman Insurance, CookevilleChad Snider Westan Insurance Group, MartinCharlie Taylor Burke, Powers, and Harty Insurance, BristolClement Ledbetter Battle Page Insurance, FranklinDavid Evans The Insurance Group, Inc., KnoxvilleGarrett Flannery Carroll Insurance Agency McKenzieJamie Williams Hardin County Bank Ins. Agcy., SavannahJared Smith TIS Insurance Services, KnoxvilleJason Stiltner Heritage Insurance, KingsportJason Teague Watauga Insurance, Johnson CityJeremy Stiltner Heritage Insurance, KingsportJohn Brock Brock Insurance, ChattanoogaJohn Fritts TIS Insurance Services, KnoxvilleJosh Witt The Insurance Group, Inc., KnoxvilleKevin Ownby Ownby Insurance Services, SeviervilleLeslie Frazier Shafer Insurance Agency, KnoxvilleMatt Spellings Consolidated Insurance Agency, ParisMichael Novarese McDaniel-Whitley, Inc., MemphisMike Thomas Insurance, Inc., NashvillePatrick Sala Harris, Madden and Powell, MemphisRamsey Brock Brock Insurance, ChattanoogaRobert Harris Tigrett & Pennington, NashvilleStacy Woodard Shafer Insurance Agency, KnoxvilleStuart Oakes TIS Insurance Services, KnoxvilleTim Treadwell Boyle Insurance, MemphisWill Webb Battle Page Insurance, Franklin

Congratulations Exceptional Agents 2015

Berkley Southeast Insurance Group recognizes the need to mentor the growth of new talent and to perpetuate the Independent Agency System, as well as provide young agents with a competitive advantage. Tennessee’s Young Agents are the future of our business. That’s why we are working together for success.

berkleysig.com

INTRODUCING

Exceptional Agents

local people finding practical solutions

Young Agents ‘15Upcoming Events and Information

we appreciate it and wish you continued success in your career. Aaron: Thank you for this opportunity, and the valuable support you continue to provide independent agents in Tennessee. u


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From Your President


How many people do you have on staff at your agency? 2? 102? No matter what the number is, being a member of Insurors of Tennessee gives you even more members of your team.

Do you know everything that Insurors of Ten-nessee offers to us as members? We are part of so much more than a group of Independent agents coming together for a State convention or providing E&O at a competitive premium. Our Association works for you every day provid-ing products and services needed by members. On the National front, the Insurors of Tennes-see is a very well respected and admired state association. This is directly due to our strong, outstanding leadership, providing the financial stability, legislative support, continuing educa-tion and products/programs needed for us to be successful insurance agents.

Being a good steward of our Association’s as-sets provides us the ability to hire an outstand-ing staff. How fortunate we are to have Chuck Bidek as our CEO and leader. He is constantly monitoring legislative bills and issues that di-rectly affect each and every one of our agen-cies. With the guidance of the Insurors Board, he is able to present our message loud and clear on the State level. This year he has fixed the sinkhole bill and was able to delay the vote on Workers’ Compensation Opt Out for this session. We can count on Chuck to keep our in-terests up front and foremost. In addition, he guides our staff towards achieving our Associa-tion’s goals each year.

Ashley Gold is instrumental to our Association. With her legal background she and Chuck are able to work together and draft legislation needed to benefit our industry. What an impact we have on the hill due to Ashley’s understand-ing and concerns on issues affecting our agents. She has been heard by our National Association and is working with our Southern Agents states to provide legal advice for the group’s interests. In addition, she answers numerous legal ques-tions for members and provides valuable input on these matters.

Together, Ashley and Chuck make sure the

InsurPACTN donations we make are put to work to help you and your agency. In order to keep working, we need your financial support. This is your voice in the Tennessee Legislature.

Daniel Smith is another important member of your Insurors team. He has established invalu-able relationships with our carrier partners and developed a host of programs to insure they remain supportive of our association. We have Daniel to thank for the success of our State con-vention along with the task presented by the Board to expand our Young Agents group. We have appointed a regional task force, composed of young agents from our three regions and given them the task of increasing participation from the young agents. Daniel has done an ex-cellent job securing sponsors for these events as well as providing the creativity and making sure everyone has a great time. Get your Young Agents involved.

David Williams has a wealth of knowledge and experience in our industry. As well as fielding daily policy and coverage questions from our members, David handles the RLI Personal Um-brella program and provides filing services for our carriers. Ever wonder why we receive the Tennessee Marketplace Update? Thank David.

Stephen Holmes truly is the “agent for agents.” Stephen handles the E&O program and has done an excellent job in providing our mem-bers with their Errors & Omissions and Cyber Li-ability coverages at a competitive premium and can also advise on your E&O questions. With Stephen’s help, our Association writes over two thirds of our members’ E&O.

Don Cunningham is working to obtain new members and letting our current members know what services that the Insurors of Tennes-see provide to you. He also provides members with an E&O Auditing service.

Laura Thrower handles the administrative and member services for Insurors, in addition to the interworkings of our CE courses. Colleen Vance keeps our books and makes sure the bills are being paid.

Insurors of Tennessee - Part of Your Team

“Being a good steward of our Association’s a s s e t s provides us the abi l i t y t o h i r e a n outstanding s t a f f . ”

Cindi Gresham, CIC


In addition to this great staff, members also have access to great programs that can enhance any agency’s offerings. Membership with Insurors provides you with a market for Flood Insurance through our affiliation with Selective Flood, and with Preferred Comp you will gain access to a stand-alone, competitive Work Comp market. Need a personal umbrella policy or a finance company? Insurors can help with RLI and Imperial PFS. What about a BOP or high value homeowners market? Big “I” Markets is where you can obtain the coverage your customers need. INSBANK is there to help you with your agency banking needs. They offer mortgages and other loans and will assist in all of your agencies financial requirements.

Membership in Insurors of Tennessee also includes member-ship to our National Association, the IIABA. Through this affili-ation you are a Trusted Choice agent listed on our consumer search site TrustedChoice.com.

Does your staff need continuing education? Through the In-surors ABEN program you can take a variety of classes, right in your office. This not only provides CE but promotes prod-uct and coverage knowledge your staff needs. Want to obtain your CISR, CIC or CRM? The Insurors partnership with National Alliance can help you obtain your professional designation.

As you can see, your team at Insurors has a lot to offer. I hope your agency will take advantage of it. u

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Recently I made what I think may have been my 12th trip to Washington, D.C. to attend the an-nual Big “I” Legislative Conference. The format has changed some over the years and I think the weather is different every year. As a National or-ganization we had over 400 visits to Congressio-nal offices to talk about our industry needs dur-ing this event. A couple of things always interest me each year. One is to see the first-timers from our state get that “ah-ha moment,” when they realize this is why it is important to come to this event and why we give to the PACs each year.

Walking the halls of the congressional and sen-ate buildings, seeing people in person that you see on the news regularly – all that is pretty in-teresting. Visiting with our congressmen and their staffs is always educational. To hear their thoughts on what is needed to move our coun-try forward and move from this partisan pro-tecting gridlock we have been in was very inter-esting as well. Having folks with us for the first time and seeing their reactions to all that we see and hear while we are there is just always intriguing to me.

Of particular interest this year was something we have not seen in a few years – Optimism! Yes there was some optimism that parties would be able to reach across the aisle and move the nee-dle in some areas. Granted there is a huge divide between optimism and action – but at least it was not so much of the gloom and doom we have seen in some years. I did leave our meet-ings feeling that progress is being made – but we all know how slowly that moves. While this may have been my last trip to D.C. on behalf of Insurors, it was great to have our Young Agent Chairman, Stuart Oakes, with us making his first visit. He and many other young industry profes-sionals attended these events, and while we do need more young professionals, it is great to see the quality that our industry attracts.

InsurPAC National

We need your PAC contributions for our Nation-al PAC. We raised over $1,000,000 last year mak-ing us the largest P&C insurance industry PAC. But to keep our position and influence we have

to give each year. A $100 contribution is not go-ing to harm you financially. But $100 per agency member in Tennessee would put us well past our goals for 2015. If you are an agency principal or owner you should be giving at least $100 to InsurPACTN and InsurPAC National.

We have well over 400 agencies as members of the Insurors of Tennessee. To date 18 individuals have made contributions to InsurPac National. With over 400 agencies that means we easily have over 500 agency principals and/or owners. Believe me you are getting a bargain for your contribution in what both our state and nation-al lobbying efforts do on your behalf. We have met our Tennessee goal each of the last sev-eral years but we are running behind this year. When you see a letter from us regarding your contribution please respond immediately.

Google Compare

At the conclusion of the Legislative Conference we have our spring IIABA Board Meetings. Let me report that your national organization is doing well. Our leadership – both volunteer and paid – is outstanding. We continue to hear about changes in our industry and how effective the tools developed by Trusted Choice have be-come. You probably know by the time you read this that Google is expanding into Texas, Illinois and Pennsylvania and adding ratings and insur-ance agent support. Did you read that – INSUR-ANCE AGENT SUPPORT! Their research shows that many buyers find it helpful to discuss their purchase with a local agent! HEY – WAKE UP OUT THERE! We have been saying that for years and many of you are not listening. That is what TrustedChoice.com is all about – bringing pros-pects to your door with their questions so that you can do what you do best – SELL.

At our agency we subscribe to the Trusted Choice Advantage Program for $98 a month for Personal and Commercial Lines Leads. We get a couple a day by e-mail from the website and even more that call us directly after selecting us on the website. When Google says they are learning that prospects like to speak to some-one before making the purchase – we see that

From Your IIABA National Director

“...to keep our position and influence we have to give e a c h y e a r.”

Independent Agents Working Together Win

Brad V. Smith


every day and have known it for years. The real question is, are we as Indepen-dent Agents willing to bind together as Trusted Choice Independent Agents to not just battle the directs and captives and Google – but to also enjoy in the success that this type of business offers? IT IS NOT JUST PERSONAL LINES BUSI-NESS – just last week we got a phone call that found us on the Trusted Choice website and in the same day closed an $8,000 Commercial Account. That is the norm more than the exception.

So do we need to fear Google? To be honest, some of you probably do. Others are ready to compete in the same arena and win. Google will help develop this type of marketing and buying – but that doesn’t necessarily mean they are going to succeed in taking your personal and small commercial accounts from you. Take what momentum they are building and use it for your agency’s growth. We as Independent Agents still offer value that most buyers want and need, and by co-branding together under the Trusted Choice banner we have a way to be com-petitive in this arena, so check it out if you

are not participating now. Visit Trusted-Choice.com and click on the “For Agents” link in the upper right corner. I think you’ll be glad you got your agency involved.

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so blessed to be in this business and to have opportunity to represent you on the National level at IIABA. I hope you will join me in taking advantage of all the opportunities you have as a member of our Association. u

From Your CEO


Chuck Bidek, CPCU

The New Laws of 2015?

“During this s e ss i o n we tracked 49 bills t h a t w o u l d h a v e h a d a potential i m p a c t o n our industry.”

The Tennessee Legislature adjourned on April 22nd and will not return to session until Janu-ary 2016. During this session we tracked 49 bills (a number that is down from prior years) that would have had a potential impact on our industry. A brief synopsis of the bills are listed below. To view the entire bill/law or other in-formation go to http://www.legislature.state.tn.us/. For more information or analysis on any bill contact us directly.

PC0156 by Norris/McCormick

Allows the Commissioner of Commerce and In-surance to approve any rating plan submitted by a captive insurance company that is authorized to provide workers’ compensation coverage as long as the captive insurance company demon-strates that the proposed rating plan does not endanger the solvency of the company and ad-equately protects the insureds. Makes various other changes.

This is a bill brought by the Insurance Depart-ment to modernize our Captive Law. This is done periodically to keep our law competitive to other states. The Department continues to seek captive insurance companies to domesticate in Tennessee for economic growth.


Permits the use of electronic communications in sending and receiving notifications, notices, decisions and correspondences between the Department of Labor and Workforce Develop-ment and an individual or entity who chooses to receive electronic communications. Deletes the provision prohibiting the reconsideration of a decision because the claimant is subsequently convicted of a misdemeanor or felony. Revises other various unemployment compensation provisions.

This legislation was part of the Administration Package for the Department of Labor and mod-ernizes activities of the department as part of the implementation of the reforms passed in 2013.


Makes various revisions to the Workers’ Com-pensation Law. Requires the administrator of the division of workers’ compensation to create utilization review system to select outpatient and inpatient healthcare providers for employ-ees claiming benefits under the chapter. Re-quires all providers to be accredited by speci-fied utilization review organizations. Makes other technical modifications.

Operational issues regarding the workers’ com-pensation revisions of 2013. With almost one year in operation, the department has recog-nized changes needed for effective implemen-tation.


Enacts the “Protection of Volunteer-Insured Drivers of the Elderly (PROVIDE) Act,” which grants immunity from civil liability to individu-als providing volunteer transportation services to senior citizens through a charitable orga-nization or human service agency, so long as the individual is acting in good faith within the scope of his or her official duties. Part of Admin-istration Package.

Another Administration bill that gives immu-nity to individuals (not companies) who are volunteers in this regard.

PC0188 by Ketron/Eldridge

Prohibits an insurance company from charg-ing a premium for any person classified an in-dependent contractor. Requires commercial risk insurers to provide additional information to the Commissioner of Commerce and Insur-ance.

This bill was brought by Insurors to counter a court of appeals case (referred to as Theraco) from 2014. The decision from that case basi-cally stated that defense costs incurred are con-templated in the rates charged by the insurance company. (see page 31)


PC0227 by Ketron/Shepard

Prohibits a person who is loaning money or extending credit that is secured by real property from requiring insurance that exceeds the value of the structures or the expected value of the structures on the real property.

Another bill brought by Insurors, adding back to the Unfair Trade statute protec-tions against being required to over-in-sure property for the purposes of a loan. The language was worked out the with help of the TN Bankers Association.

PC0345 by Ketron/Lynn

Includes workers’ compensation policy cancellation date and the policy rein-statement date as public record infor-mation.

Not our bill but worked heavily with sponsors to insure that the bill we passed three years ago to protect data was not eroded.

PC0164 by Crowe/Hulsey

Clarifies that in accidents involving death or personal injury the word “accident” includes any crash or collision regardless of the level of care taken by the drivers involved or whether criminal conduct was involved.

PC0162 by Tracy/Travis

Broadens the definition of a “covered building,” now to be labeled as a “cov-ered structure,” for purposes of sinkhole insurance coverage to include the resi-dential structure and the contents of the personal property contained within the structure.

This bill was developed by Insurors and is known as the “sinkhole fix.” The law restores coverage back to the sinkhole legislation of 2014. (see page 31)

PC0487 by Norris/Deberry

Expands definition of governmental en-tity under Tennessee Governmental Tort Liability Act to include nonprofit corpo-

rations existing exclusively to manage, maintain and support government-owned property on behalf of a govern-mental entity.

PC0492 by Bell/Goins

Exempts drivers and passengers who are 18 or older from wearing a helmet while riding a motorcycle in a funeral procession, memorial ride or body es-cort detail.

PC0240 by Johnson/Harrison

Prohibits use of an unmanned aircraft to capture an image of an individual or event at an open-air venue that can hold more than 100 people without the permission of the venue’s owner or operator.

Known as the “drone bill.” This is the sec-ond such bill to pass in two years. It has implications to adjusting claims as well as liability issues to carriers.

PC0511 by Ketron/Lamberth

Enacts the “James Lee Atwood Jr. Law.” Directs the Commissioner of Revenue to establish an online car insurance verifi-cation program in order to electronically verify whether the financial responsibil-ity requirements have been met with a motor vehicle insurance policy. Requires verification of the liability insurance sta-tus on a given motor vehicle, to make inquiries more accurate, and respond to certain requests within certain time frames among other requirements.

This in the uninsured motorists bill that has be actively in the works for the last three years, and has been around for over 30 years. Heavy lifting by Insurors mem-ber Sen. Bill Ketron made this possible.

PC0262 by Green/Reedy

Requires a seller of real property to dis-close to a buyer the presence of any known sinkhole on the property. Re-quires disclosure to be in writing.

PC0076 by Kelsey/Daniel

Clarifies that notaries public who do not

charge a fee for services do not have to keep a record of acts, attestations and protestations. Specifies that if a notary or notary’s employer collects a fee for one or more services but does not sep-arately charge a fee for the notary ser-vices, no recordation of acts is required. Specifies that recordation by notaries who are bank employees is governed by bank privacy laws if the bank charges a fee and the services are within the scope of the notary’s employment.

PC0460 by Tracy/Hazelwood

Enacts the “Travel Insurance Producer Limited License Act” for Tennessee. Es-tablishes a new limited lines travel insur-ance producer license in order to allow a limited lines insurance producer to sell travel insurance through a licensed in-surer.

PC0520 by Watson/Sexton

Enacts the “Transportation Network Company Services Act.” Exempts a trans-portation network company (TNC) from any governmental regulations specific to private passenger for-hire vehicles or for its passenger operations to be regulated by the department of safety. Requires TNCs operating in the state to observe various regulations involving rates, information on and a background of the driver, implementation of a zero tolerance policy regarding drugs and al-cohol, maintaining certain records, and complying with certain automobile lia-bility insurance requirements. Requires a TNC to disclose insurance coverage and limits of liability, and inform the driver that their own insurance policy may not provide coverage.

This the “Uber” bill. Work on heavily by company lobbyists who reached an agreement late in session. Companies are already filing updated exclusions to their policies.

As you can see, there are many new laws that insurance agents must be aware of for 2015. Our goal at Insurors is to stay in front of this legislation, and keep you ap-prised of situations where your business may be affected. u


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Government and Legal AffairsLegislative Fixes for Sinkhole and “Theraco” Written by Ashley N. Gold, JD, Insurors General Counsel

As many know, there are innumerable sinkholes in Tennessee and that number increases daily. Many of the sinkholes are on private property and therefore can affect unsuspecting ho-meowners. Last year the Tennessee General Assembly made some significant changes to the sinkhole laws in place.

When the law was passed in 2014, definitions were added to the statute and this resulted in ISO and various insurance companies making filings that ultimately reduced coverage

from what was offered previously.

The 2014 law included the following two definitions:

(3) “Covered building” means a residential building, including its foundation, floor slab, and footings sup-porting the building;

(5) “Homeowner property insurance” means prop-erty insurance covering a residential dwelling;

The ISO HO coverage form prior to the 2014 law provided sinkhole coverage to property covered by Section I of the

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last year titles “Shock & Awe Over Ruling on Work Comp Au-dit.” After the article we received many comments and con-cerned phone calls over the Court of Appeals surprise ruling that an insurance company could collect premium on payroll for Non-Employees.

The facts of the case were interesting. The Employer, Theraco, had a Workers’ Compensation policy for its administrative employees. Theraco also hired physical therapists (PT’s) as in-dependent contractors who performed in home health work. The Employer’s comp carrier picked up the payroll of the in-dependent contractors. The Employer appealed the payroll audit. Both the Insurance Department, the Chancery Court and the Court of Appeals agreed that the PT’s were indepen-dent contractors.

However, the Court of Appeals held that the carrier should be allowed to collect additional premium to cover its defense costs - if it were required to defend potential claims under the Risk of Loss provision in the policy.

After much discussion Insurors, with the help of Senator Bill Ketron and Representative Jimmy Eldridge, filed a bill to amend the definition of “supplementary rate” and “loss ad-justment expense” in the Tennessee Code to clarify that de-fense costs incurred under a workers’ compensation policy are already included in the rate determination and should not be collected through a separate premium charge. This bill be-came law as PC 188 on April 22, 2015.

The intent of the new law is to merely codify and clarify how loss costs are calculated and to avoid full premiums being charged for individuals who have been determined to be independent contractors. It is NOT the intent of the law to change how insurance companies audit workers’ compen-sation policies. The law did not change the seven factors to be applied in order to determining who is an independent contractor. Companies should continue to determine the status of employees or independent contractors based upon state law and complimentary NCCI filings, as they have always done.

Once a determination has been made that an individual is an independent contractor, a premium should not be charged for that person. This is how workers compensation audits have historically been conducted and should continue to be conducted. This new law will hopefully guide future Courts in Tennessee as to how to apply the rules and rates to workers compensation audits.

About the Author

Ashley N. Gold has served as General Counsel of In-surors of Tennessee since 2007, and previously con-sulted for the Association on legal and government affairs matters. She received her undergrad degree from the University of Kentucky and her Juris Doc-

tor from Samford University. She may be contacted at [email protected] or by calling her at 615.515.2606. u

policy through the following language:

SECTION I – PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The dwelling on the “residence premises” shown in the Declarations, including structures attached to the dwelling; and

.... B. Coverage B – Other Structures

1. We cover other structures on the “residence prem-ises” set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection.

When the 2014 law passed, many insurance companies amended their sinkhole form to cover only the actual “cov-ered building,” i.e. the residential building, its foundation or floor slab, no longer providing coverage for of the “Other Structures” in the policy as it would for any other named peril. This reduced coverage for unsuspecting homeowners who believed that all of the buildings on their property was covered.

This year, with the help of Representatives Ron Travis and Roger Kane as well as Senator Jim Tracy, Insurors worked with other groups and companies to amend the law to return cov-erage to where it was prior to the 2014 changes, eliminating the unintended gaps. This year the term was changed from “covered building” to “covered structure” and the definitions were changed as follows:

(3) “Covered structure” means any structure, includ-ing the personal property contained in the structure, to the extent covered under the terms of the policy;

(5) “Homeowner property insurance” means an in-surance policy that includes coverage for a residen-tial dwelling;

Beginning July 1, 2015, with the enactment of these new defi-nitions, the law now expands the definition to apply to any structure, including the contents of personal property, to the extent covered by the policy. This change will have the sink-hole coverage apply to the same dwellings and structures that were covered before the change of last year. Since the 2015 amendment, several companies have already filed en-dorsements to include the new language.

Public Chapter 262 was passed this year and is effective July 1st as well. The law requires the seller of residential property to disclose in the contract or in writing the presence of any know sinkhole on the property. Failure to disclose subjects the seller to the same penalties for failure to disclose other defects such as foundation problems.

Legislative Fix Enacted for Theraco Workers’ Comp Case

Many of you may remember an article we published in June


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Association UpdateEd Gibbons Honored by Milligan College

Milligan College recently recognized 13 local professionals in its annual Leaders in Christian Service program. The honorees are said to have demonstrated servant leadership in their careers and community. Among the winners was Insurors Past President and former Insuror of the Year Ed Gibbons, AAI of Watauga Insurance in Johnson City.

Huddleston, Peay and Swallows Among the Nominees for Community Rockstars

State Auto Insurance and Rockhill Specialty recently held a contest to showcase “Community Rockstars” in the independent insurance agent profession. Three Insurors members were among the nominees, including Andy Huddleston of Wyatt Insurance in Knoxville, Steve Peay of Boyle Insurance in Memphis and Kelly Swallows of Swallows Insurance in Livingston.

Stansbury Runs in IronMan for Make-A-Wish

Elite Insurance Solutions of Franklin recently helped aid in raising funds for the Make-A-Wish Foundation by entering one of their agents into the IronMan 70.3 Chattanooga Triathlon. Mike Stansbury, agency principal, competed in the event, which was held on Sunday, May 17, 2015 in Chattanooga. Stansbury raised over $2,800 in funds to help grant the

wishes of children with life-threatening medical conditions and change the lives of these kids and their families.

Full Service and Battle Page “Sizzle” Winners

In a recent poll, the readers of The Williamson Herald, Southern Exposure Magazine and FranklinIs.com voted Full Service Insurance and Battle Page Insurance among the top 3 in the category of “Best Insurance Agency” in the Franklin area. Full Service came in 1st Place in the poll, with Battle Page Insurance as a runner-up. u

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Insurance Company, as manager and/or agent for the insurers of the Chubb Group of InsuranceCompanies. This literature is descriptive only. Not available in all states. Actual coverage is subject to thelanguage of the policies as issued. Chubb, Box 1615, Warren, NJ 07061-1615. ©2014 Chubb & Son, a

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Chubb Specialty Insurance (CSI) provides a wide variety of specialized executive protection and professional liability prod-ucts to banks and other financial institu-tions, professional service firms, health care organizations, private companies and other organizations. CSI’s coverages include crime, cyber security, employ-ment practices liability, directors and offi-cers liability, fiduciary liability, and kidnap/ransom and extortion. Chubb is recog-nized as being one of the first insurers to introduce cyber security coverage to help protect networks, organizations and people against potential cyber breaches. CSI also includes Chubb’s surety unit, which has a long history of providing surety bonds throughout the world, and is the fifth largest issuer of U.S. construc-tion and commercial surety bonds.

Chubb Personal Insurance

Chubb Personal Insurance (CPI) offers an array of P&C insurance products for indi-viduals and families with fine homes and possessions. CPI’s Masterpiece® suite of products—long the standard of excel-lence in the affluent market—offers in-surance for custom, historic and vacation homes; valuable possessions; fine art; autos and collector cars; watercraft; and up to $50 million in excess liability. Over 160 appraisers help the CPI customers safeguard their homes, belongings and families. Chubb’s accident and health programs offer rich options and high benefit limits at competitive rates to help meet policyholders’ needs. u

Tennessee Contacts

Tyrone BennettBranch Manager/Chubb Commercial [email protected]

Nancy GardnerPersonal Lines ManagerChubb Personal [email protected]

Lisa Quesenberry, RPLU+Practice Leader/Health Care SpecialistChubb Specialty [email protected]

Amy Mitchell, CICMarketing SpecialistChubb Personal [email protected]

About Chubb

In the spring of 1882, Thomas Calde-cot Chubb and his son Percy opened their marine underwriting business in the seaport district of New York City. Having collected $1,000 from each of 100 prominent merchants to start their venture, they focused on insuring ships and cargoes. By the turn of the century, Chubb had established strong relation-ships with the insurance agents and brokers who placed their clients’ busi-ness with Chubb underwriters, and the original subscribers enjoyed a substan-tial return on their investment.

The Chubb Corporation was formed in 1967 and was listed on the New York Stock Exchange in 1984. With approx-imately 10,200 employees throughout the world, Chubb serves property and casualty customers from some 120 of-fices in 25 countries around the globe. Chubb works with 8,500 independent agents and brokers worldwide.


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ISO Files Most Important... , continued from page 9

The rules filing primarily addresses the use of the Broadened endorsements on a “temporary” nonresidency basis, though there’s nothing that appears to preclude that period encom-passing the entire policy period if the carrier’s eligibility and underwriting guidelines permit. This filing indicates that the Broadened endorsements, under ISO rules, are premium bear-ing so that the Base Premium can be increased, for example, by up to 12% (2% per month) for a six-month nonresidency period.

Non-Filed Notice/Questionnaire

ISO has also developed the following nonfiled form:

HO N 009 10 15 – Residence Premises Questionnaire•

This form can be used by carriers on new and renewal busi-ness to provide notice to insureds of the importance of resi-dency and, based on the insured’s responses, identify whether the Broadened endorsement is appropriate. We suspect that carriers might prefer a “stronger” notice of the importance of residency and notification of the insurer when residency is discontinued. We plan to work with ACORD in the coming months to draft an ACORD notice/questionnaire form and to determine what changes might be indicated in other ACORD forms such as the ACORD 80 Homeowner Application.

Caveats

As indicated earlier, this resolution is not perfect or exactly what we believe is in the best interest of consumers, agents, and the industry at large. However, it is a reasonable compro-mise that we believe can serve as a starting point for a more complete market-based solution in the coming year. Still, there are caveats to this change that must be acknowledged. First, even with a mandatory endorsement, there is still a po-tential for a coverage gap at policy inception for carriers who interpret the “where you reside” language to be a residency requirement for coverage. For example, on new business it is customary to provide a policy (or, more likely, a binder) ef-fective on the date of the loan closing. However, as is often the case, the insured may not move into the home and begin residency on the date of closing. As a result, for carriers with a restrictive interpretation of “where you reside,” a Broadened endorsement should likely be used at policy inception and the insured made to understand the importance of revising the termination date on the form if move-in takes longer than expected. Second, since renewals are usually processed a month or two in advance, even with a notice form, it’s possible that an in-sured might unexpectedly discontinue residency (e.g., medi-cal conditions, unanticipated work relocation, military de-

ployment, etc.) between completing the renewal paperwork and renewal policy inception. Again, it is critical when placing or renewing insureds with carriers that hold to a restrictive interpretation of “where you reside” that the insured fully un-derstand the importance of providing notice of nonresidency. In such instances, then Broadened endorsement may be used until (if necessary), the account needs to move from a Hom-eowners to a Dwelling Fire policy. Third, when we originally presented this issue to ISO for con-sideration, one of the points we made with regard to our be-lief that this is an eligibility, not a coverage, issue is that ISO’s own eligibility rules permit the use of an HO policy on a home under construction. Obviously, no one can reside in a home under construction, so our argument is that a literal reading of the “where you reside” language couldn’t preclude cover-age because evert unoccupied home under construction would have illusory coverage, something courts have uni-formly found to be prohibitive. But, for insurers who hold the restrictive interpretation of “where you reside,” the Broadened endorsement should be attached at inception for the dura-tion of construction.

Next Steps

In the months prior to October 1, we will be approaching ACORD about the need to amend any existing ACORD forms and develop an industry-standard residency “notice” form. We will be issuing a news release on this change in the near fu-ture and making contact with various industry and consumer media. We recommend that agents do the same in their local communities and communicate this change to their custom-ers. We plan to initiate a dialog with independent agency carri-ers about adopting the Broadened language that eliminates the “where you reside” language. We continue to believe that the restrictive interpretation of this language is detrimental to consumers and to the image of the insurance industry, and we believe that residency has always been, and should con-tinue to be, an eligibility and underwriting consideration for new and renewal business, not an unclear and inconspicuous “exclusion.”

About the Author

Bill C. Wilson, Jr., CPCU, ARM, AIM, AAM is director of the Virtual University of the Independent Insurance Agents & Brokers of America (IIABA). He was the Di-rector of Education & Technical Affairs for the Insu-rors of Tennessee from 1988-1999. Prior to 1988, he

was employed by Insurance Services Office, Inc. as the manager of their field operations in Tennessee and Kentucky. He has served as a trainer and speaker for various organizations, including the Big “I”, the CPCU Society, National Leadership Conference and chapter programs, the NAIW, the Southern Agents Conference, and RIMS. He may be contacted at [email protected]. u


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Company BriefsHanover and Cincinnati Named Quantum Award Winners

The Hanover Insurance Group and The Cincinnati Insurance Company were named the national and regional winners for The Network of Vertafore Users (NetVU) Quantum Awards. The announcement came at NetVU15, the NetVU Conference, which took place earlier this year in Indianapolis.

The Quantum Awards recognize carriers that have made a definitive commitment to NetVU member agencies to offer superior workflow productivity and profitability on both the regional and national level.

Truitt Joins WAHVE as VP of Human Resources

Jill Truitt, SPHR, a senior brokerage execu-tive, joined WAHVE (Work At Home Vintage Employees) as vice president of human re-sources. The company provides U.S.-based remote contract insurance professional talent to insurance firms. Truitt previously held senior HR and organizational devel-opment positions with Lockton Compa-

nies, Westrope & Associates, and RT Specialty. She holds the Senior Professional in Human Resources (SPHR®) designation from the HR Certification Institute.

With all three organizations, Truitt worked with owners, stakeholders, production teams and department managers to identify and hire the best talent in support of long-term business development goals. As a corporate business partner to operational and administrative leadership, she provided support and guidance for enterprise-wide management ini-tiatives including business development, accounting and fi-nance, operations, marketing and information technology.

INSBANK Purchases Building for Second Office

INSBANK has purchased a building in Brentwood for a second location of the bank’s offices. The building, a former Hobby Lobby Express store, was purchased by the bank for $1.6 million. “The new of-fice will allow us to continue

our growth, with our headquarters in Green Hills nearing ca-pacity,” said INSBANK president and CEO Jim Rieniets.

Rieniets said growth in the bank’s mortgage and TMA pro-grams helped necessitate the additional location, “In addi-tion to supporting our core business and helping us cultivate

strong client relationships, this office will play an important role in the continued expansion of Finworth Mortgage, our mortgage subsidiary, and the recently established TMA Medi-cal Banking.”

Amerisure Adds Gromek & Promotes Irwin

Amerisure Mutual Insurance Co., based in Farmington Hills, Michigan, appointed Mark Gromek regional vice president and promoted Laura A. Irwin to director of Field Marketing & Underwriting (FMU) Service and Support. Gromek, based in Atlanta, and Irwin, based in Farmington Hills, report to Mi-chael Dieterle, vice president of FMU.

Gromek, responsible for four of Amerisure’s 12 Core Service Centers, brings more than 20 years of property and casualty experience in agency management, as well as marketing and underwriting. Prior to joining Amerisure, Gromek served as middle market regional vice president with The Hartford in-surance company, responsible for four Midwestern states.

Irwin’s role involves overseeing a newly created department — FMU Service and Support — which brings Amerisure’s FMU policy processing and support services into one unit. Irwin has held two prior positions with Amerisure and possesses 25 years of experience within the insurance industry.

United Fire Group Appoints Jaffray as CFO

United Fire Group, Inc. recently announced the appointment of Dawn M. Jaffray, as Chief Financial Officer, effective April 27, 2015. Ms. Jaffray brings more than 27 years of experience to UFG, including extensive operational and financial experi-ence with global publicly- and privately-held insurance- and financial services-related companies. Ms. Jaffray’s business experience has been focused on insurance, finance and capi-tal management. Ms. Jaffray will report directly to Randy A. Ramlo, President and Chief Executive Officer of UFG.

Ms. Jaffray was most recently chief financial officer of So-leil Advisory Group, specializing in operational consulting, merger and acquisition, investment and strategy. From 2007 to 2008, Ms. Jaffray was chief financial officer of Westaff, a publicly-traded international staffing firm. From 2005 to 2007, Ms. Jaffray was chief financial officer of the North America Business Unit of Dun & Bradstreet, a publicly-traded informa-tion, data and technology company. From 1999 to 2005, Ms. Jaffray was senior vice president and senior finance officer for the property and casualty business of CNA Insurance, a publicly-traded insurance company. From 1993 to 1999, Ms. Jaffray was senior finance manager for Progressive Insurance and Dominion Insurance, publicly-traded property and casu-alty insurance companies.


J.M. Wilson Adds Shaw; Promotes Van Niman & Councell

J.M. Wilson has announced the addition of Cheryl Shaw as Claims Specialist. Cheryl is responsible for reviewing and process-ing all incoming claims, which includes contacting the insurance company, work-ing with adjusters and filing all necessary paperwork. Cheryl will act as a liaison be-tween carriers and agents.

The MGA also announced the promotion of Dawn Van Niman, who will be serving multiple roles as Accounting & Finance Associate, Agency Coordinator Assistant and Human Resource Assistant. Dawn will be responsible for accounts receivables, agency profiles and updates and employee benefits and payroll.

In addition, Jennifer Councell has been promoted as Fleet Transportation Under-writer. Specializing in 11-15 power unit accounts, Jennifer is responsible for quot-ing new and renewal business for inde-pendent insurance agents in more than twenty states.

MetLife Auto & Homes Adds New BOP

After 40 years in the P&C market, MetLife Auto & Home® is expanding its product portfolio with a new entry for the small business market through two agent Web portals. Available ex-clusively through the Dovetail portal (for independent agents) and MetLife portal (for MetLife producers), the MetLife busi-ness owner policy (BOP) product is based on the rational that business owners are “time-starved and need simple, fast solu-tions they can access wherever, whenever and however they need,” says Kevin Fitcher, assistant vice president of Metlife.

The new BOP is designed for small businesses with up to 50 employees, but also available to those with 75 employees. Coverages include property insurance and liability insurance, as well as business interruption, accounts receivable, business personal property and electronic data and computer opera-tions.

CHUBB Named Top Corporate Team by CFF

For the third year in a row, CHUBB has received the ”Top Na-tional Corporate Team” award from the Cystic Fibrosis Foun-dation. Through the organizations participation in the Great Strides fundraising event, CHUBB has helped raise hundreds of thousands of dollars in the past five years. CHUBB employ-ees have participated in local events and helped their agen-cies achieve fundraising goals across the country.


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keting and communications officer, effective June 1, 2015. Robinson succeeds current General Counsel Alan Kreczko. Both Robinson and Bromage will report to The Hartford’s Chairman and CEO Christopher Swift.

David Robinson joined The Hartford in 2006. David has held a number of lead-ership positions at the company, includ-ing leading The Hartford’s legal efforts in Property & Casualty and Group Benefits, overseeing corporate law and serving as corporate secretary, and most recently, driving the company’s restructuring and

transformation efforts. Before joining The Hartford, Robin-son spent a number of years with Chubb, holding positions of increasing responsibility including serving as deputy gen-eral counsel. He also has a background in commercial litiga-tion. Robinson is a member of the Board of Overseers of the RAND Corporation Institute for Civil Justice and serves on the board of the Metro Hartford Alliance and the executive board of the Connecticut Insurance & Financial Services Cluster. He received his bachelor’s degree from Wesleyan University and his J.D., magna cum laude, from Cornell Law School. Robinson also holds a master’s degree in accounting. He is admitted to practice in Connecticut.

Kathy Bromage joined The Hartford in 2004 as chief marketing and strategy officer for Personal Lines, where she was respon-

The Hanover Enhances GL and Umbrella The Hanover Insurance Group, Inc. has announced the avail-ability of an enhanced suite of general liability and umbrella coverage offerings to further help its independent insurance agents to offer more comprehensive protection for their busi-ness clients. These product enhancements include industry-specific and specialized coverage endorsements that can further extend coverage. The policies and forms were also simplified to help independent agents do business easier and faster when working to meet their customers’ needs.

The suite of general liability broadening coverages is de-signed to help more fully protect commercial package policy and monoline general liability clients against costly damage, injury and lawsuits that may be brought against them. It con-sists of more than 20 coverages and enhancements, including coverage for newly acquired or formed organizations until the end of the policy period and additional insured—primary and non-contributory, as well as industry-specific coverages that help address more unique exposures.

The Hartford Names Robinson as General Counsel; Bromage Chief Marketing Officer The Hartford has named David Robinson executive vice presi-dent and general counsel and Kathy Bromage as chief mar-

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across the U.S. Jeff will also be tasked with maintaining relationships with Atlas’ partner carriers and expanding the capacity of its current EQ program. Jeff comes to Atlas with several years’ experience in the commercial EQ and flood space and was most recently a Senior Underwriter with the Insurance Company of the West.

Thames Joins Harford Mutual as General Counsel and Com-pliance Director

Harford Mutual Insurance, Bel Air, MD has announced a new addition to their management team, Geneau M. Thames, Esq., who will be filling the newly created position of General Coun-sel and Director of Compliance. This director-level position re-ports to the President/CEO and is an expansion of the primary legal counsel role, in which Thames will be responsible for developing and managing corporate compliance, corporate governance and federal/state regulatory oversight.

Thames was the former Hiring, Associate Training and Retention Partner of Niles, Barton, & Wilmer, LLP., where she counseled Harford Mutual on various litigation cases and compliance matters. Prior to joining the law firm in 2004, she clerked for the Honorable Thomas J.S. Waxter, Jr. for the Circuit Court of Maryland for Baltimore City. Thames is a graduate of Towson University, with a bachelor’s degree in political science and economics, achieving her Juris Doctor, Cum Laude, from the Uni-versity of Baltimore in 2003. She is an admitted bar member of Maryland and District of Columbia, as well as the U.S. District Court for both. She maintains an extensive membership in various law and Professional Liability associations. u

sible for strategic plan-ning, consumer research, marketing, e-commerce, distribution and channel management. She served as the senior vice presi-dent of e-business with oversight responsibility

for The Hartford’s digital assets, channels and marketing activities before assuming the role of The Hartford’s chief marketing officer and senior vice president of strategy for the com-pany’s Small Commercial insurance segment. Prior to joining The Hartford, Bromage spent 11 years in various strategy and finance roles in the commercial banking, credit union and accounting industry. She holds a bachelor of business administration degree in account-ing from the University of Massachusetts and is a certified public accountant (CPA).

STONEMARK, INC. the New Name for Policy Financing Associates Full Service Premium Finance Co. Policy Financing Associates USA, Inc.; Premium Funding Associates, Inc.; USAPFA, Inc.; and Gatekeeper Holdings will now be known as STONEMARK, INC. The companies are consolidating into one entity and brand to better serve their agents, borrowers and clients. The ownership, management, address, phone numbers and all other contact information will remain unchanged.

The companies that now make up STONEMARK were founded on the principle that customer service must exceed client’s expectations. They are a customer and service-based company, and continually upgrade practices and policies to build a better, more efficient company. Visit www.stonemarkinc.com for more information.

Hoffman Joins Atlas General

Atlas General Insurance Services, LLC, a na-tional multi-line program manager, welcomes Jeff Hoffman as Vice President of Specialty Property.

In his new role with Atlas, Jeff will be respon-sible for overseeing department underwrit-ing in the San Diego office while bringing with him a multitude of established wholesale broker relationships which will enable Atlas to expand its commercial earthquake footprint

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to all people, but to take our core competencies and do them well. If you look at the landscape of the medical world today, doctors are facing a multitude of challenges, and we can de-liver bankers who know the business of health care and will focus on their business needs.”

In Rieniets’ view, those opportunities exist for other banks. “We all have our limits and capacity. I think, especially for community banks, it’s a matter of looking for niche lines of business they can be damn good at, that are going to be hard for some of their competitors to be as good at.”

From The Beginning

Rieniets got his start at INSBANK when he was approached with the opportunity in 2000 to head up the credit depart-ment for what was then the Insurors Bank of Tennessee, a new bank that was born out of “fear and uncertainty” on the part of independent insurance agents in Tennessee follow-ing the Financial Services Modernization Act of 1999. “It was originally a pet project of the independent insurance agents who feared banks’ getting into their business,” he said. “The idea was they would have a bank to call their own and refer their clients to.”

The bank started as a joint venture between Cumberland Bank (later Civitas) and the agent-owned InsCorp with only $6 million in capital, which Rieniets says in hindsight was not enough. But the team, which included Chairman Mike Qualls, slowly built the bank through a primarily commercial focus. “We had a statewide footprint, and with referrals from insur-ance agents across the state, we knew early on that delivery was going to be a challenge. We could not have a branch on every corner, so we had to develop alternative systems. We were an early adopter of remote banking technologies, and we sensed that was the direction our industry was heading.”

As it turned out, Rieniets says, the competition feared by agents did not materialize. Most banks that got into insurance either acquired large agencies or sold off-the-shelf consumer products. “So basically, the agents were not getting their noses bloodied as they had feared. And since they were commission

continued from page 10

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Rieniets discusses the progress of INSBANK


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salespeople, their time and energy were spent selling insur-ance rather than worrying about how to grow our little bank.”

By 2006, the bank was growing its business through sec-ond- and third-generation referrals and naturally morphed over time into a general, small commercial bank. The hold-ing company raised $14 million in capital. With that, it bought out Civitas’ share and had needed capital to fund continued growth. It also rebranded the bank as INSBANK. “We thought two syllables were better than eight,” Rieniets says about the name change. “It allowed us to maintain a link to our heri-tage while shortening our name and reducing the confusion about what kind of bank we were.”

In 2007, Rieniets became bank president and added the CEO title in 2010. INSBANK since has grown to $250 million in as-sets and enjoyed healthy profits and loan growth during 2014. Rieniets is equally proud of the bank’s efficiency, pointing out that it has about $8 million in assets per employee.

In talking to Rieniets, it is clear he enjoys his job. It’s also clear that he’s a big booster for Tennessee’s banking industry and is quick to trumpet the benefits of being involved in the Ten-nessee Bankers Association. “Being involved in the TBA is a real smart thing to do,” he says, “especially for young bank-ers. There’s plenty of education to be had, and there are great networking opportunities, not just for finding a new job, but to connect with peers who can be a valuable resource for your

career. Lenders can develop relationships with other lenders that can lead to loan participation opportunities, for example.

“Being around people with similar concerns and outlooks about the industry is very valuable from the standpoint that it can help them with their career path in their own organiza-tion. It’s an effective way to become more tuned in to what’s going on and become a better banker.” u

Rieniets enjoys reflecting on his own banking career


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MeetingsSummer and Fall Events Are on the WayInsurors of NW TN Golf Tourney June 9th

The Northwest Tennessee Local Board has scheduled their 2015 outing for Tuesday, June 9th at the Dyersburg Country Club at the Farms. The event will include an informal lunch, golf tournament and the famous pork chop dinner with awards and prizes.

Download the registration form now at http://www.insurors.org/media/23055/InsurorsNWTN15.pdf or contact Matt Russell at [email protected] for more information.

Chattanooga Local Board Golf August 31st

The Insurors of Chattanooga will hold their annual golf outing on Monday, August 31st at Chattanooga Golf & Country Club. The event will feature a luncheon, tournament and an awards cocktail party following the golf scramble. Proceeds from the event will benefit the Insurors of Chattanooga Scholarship Fund.

Download the form now at http://www.insurors.org/media/23005/ChattGolf15.pdf or contact Brenda Garrett at [email protected] for more information.

Insurors 122nd Annual Convention

Registration for the Insurors 122nd Annual Convention is now open online at http://www.insurors.org/convention/. The event will take place October 10-13 in Knoxville at the World’s Fair Park Holiday Inn downtown.

In addition to our trade show, networking receptions, breakout sessions, golf tournament and annual meeting, we will have a very special guest speaker on Sunday evening that will be announced in the coming weeks. We will also host a gameday tailgate for the University of Tennessee Volunteers game against the SEC East rival University of Georgia Bulldogs on Saturday, October 10th at World’s Fair Park.

Look for more details in future Bulletins and in upcoming issues of The Tennessee Insuror, where we will reveal more information about the event.

We hope you’ll join us for our return to Knoxville (our first convention there since 2002), and you may view more information or register now at http://www.insurors.org/convention/ u

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We may not have our own TV show, but Big I Advantage® enjoys its own type of insurance “mythbusting.”

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Here are several ways to help spread the word to your customers.

1) Explain in layman’s terms what an umbrella is: an affordable way to protect against a lawsuit for more than what’s covered by the basic policy. Make it simple and don’t use insurance jargon that leaves your customer glossy-eyed.

2) Provide real-life examples of claims that have impacted the Average Joe. Most people would purchase an umbrella if they truly understood its value in a personal, relatable way.

3) Clarify that a single judgment can exceed savings, the value of a home and other assets—putting future earnings at risk. Renters are especially vulnerable to judgments that garnish wages and future earnings.

4) Advise that an umbrella covers defense costs. Besides the threat of a costly judgment, your customer will also have to pay for defense—even if the suit is frivolous. A defense attorney may charge anywhere from $100-$800 per hour, but a personal umbrella pays defense costs in addition to the insured’s limit of coverage.

5) Show that an umbrella is an affordable way to obtain significant coverage. Depending on the insured’s location, a personal umbrella averages $250 in premium—that’s just $20 a month for $1 million in personal liability protection. You can quote an umbrella in just 2 minutes with Big I Advantage®.

Armed with these five simple tips, you can write more personal umbrellas with ease and protect your customers—increasing client retention and guarding yourself against “failure to offer” E&O claims in the process. Keep in mind that you have access to the Big “I”-endorsed RLI personal umbrella, which offers limits up to $5 million and excess uninsured/underinsured motorists nationwide. Obtain a quote today by contacting David Williams at 615.515.2605 or [email protected]. u

Busting the Myths of the Personal UmbrellaBy April Shrewsbury, Big “I” PUP Manager

Member Tips

Specialty insurance for bicycles

Cycling means different things to different people. That is why, Markel

Bicycle Insurance offers bicycle coverage customized for each individual

cycle, and doesn’t provide one-size-fits-all coverage.

Policies are as low as $100 per year.

Coverage Highlights:

Bicycle Physical Damage: primary coverage for the cost to repair or

replace the cycle (including fixed accessories and components) up to the

policy limit, due to sudden, accidental direct physical loss or damage to the

cycle. This coverage would apply if insured bicycle were to be involved in a

collision, fire, theft, vandalism, or in the hitting of another object.

Coverage also includes protection while the bicycle is in transit (land or air)

to & from any location in the United States or Canada, and protection when

competing in triathlon or bicycle races.

INCLUDED COVERAGES AT NO EXTRA COST:

Bicycle Liability: primary coverage for the injuries or property damage

(caused by the insured bicycle) for which the insured is held legally

responsible. Coverage is offered at combined single limits of: $25,000,

$50,000 and $100,000.

Medical Payments: covers medical expenses of the insured cyclist if they

are injured while on the insured bicycle, regardless of fault. The following

per person limits are available: $1,000, $2,500, $5,000, $7,500, $10,000.

Vehicle Contact Protection: covers injuries if, while on the insured bicycle,

combined single limits of $10,000 or $25,000.

Roadside Assistance:

Service will be provided (up to 35 miles per tow, 5 tows per year).

See how an average Homeowner’s Policy measures up to Markel

Date of the event** Date of purchase thru event date

* Homeowner’s coverage is typically limited Actual Cash Value (ACV) of the bike, not replacement value.

Reduce the device shape to the required size, then make a new clipping mask

We know bicycles.

Policy CoverageAverage

Homeowner’s PolicyMarkel

Bicycle Policy

Not Likely Yes

Crash Damage No Yes

Theft Coverage Limited Yes

Limited Yes

No Yes

Yes Yes

No Yes

No Yes

Not Likely Yes

Not Likely Yes

No Yes

Not Likely Yes

Covered in Transit Not Likely Yes

Not Likely Yes

Not Likely Yes



















$50,000 and $100,000.












We know bicycles.



Bicycle Policy

Not Likely Yes

Crash Damage No Yes


Limited Yes

No Yes

Yes Yes

No Yes

No Yes

Not Likely Yes

Not Likely Yes

No Yes

Not Likely Yes


Not Likely Yes

Not Likely Yes



















$50,000 and $100,000.












We know bicycles.



Bicycle Policy

Not Likely Yes

Crash Damage No Yes


Limited Yes

No Yes

Yes Yes

No Yes

No Yes

Not Likely Yes

Not Likely Yes

No Yes

Not Likely Yes


Not Likely Yes

Not Likely Yes

Visit www.BigIMarkets.com for more information on Markel Bicycle Coverage

Amerisafe (800) 897 - 9719 www.amerisafe.com 17AmTrust North America (877) 528 - 7878 www.amtrustnorthamerica.com 34Applied Underwriters (877) 234 - 4450 www.auw.com/us 2Arlington/Roe & Co. (800) 878 - 9891 www.arlingtonroe.com 15Atlas General Insurance Services (855) 309 - 3310 atlas.us.com 48Auto-Owners Insurance (615) 373 - 5200 www.auto-owners.com 55Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 17Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 9,19Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 35Brentwood Services Administrators (800) 524 - 0604 www.bwood.com 31Builders Mutual (800) 809 - 4859 www.buildersmutual.com 20Burns & Wilcox (800) 341 - 4844 www.burnsandwilcox.com 30Chubb Group of Insurance Cos. (800) 866 - 2482 www.chubb.com 38CNA Insurance (800) 251 - 5852 www.cna.com 45Consumers Insurance (615) 896 - 6133 www.ciusa.com 52DocuSign (866) 219 - 4318 www.docusign.com/iiaba 44Donegal Insurance Group (770) 232 - 2272 x1370 www.donegalgroup.com 7FCCI Insurance Group (800) 226 - 3224 www.fcci-group.com 22Harford Mutual (800) 638 - 3669 www.harfordmutual.com 47Heartland Ovation Payroll (901) 598 - 4829 www.ovationpayroll.com 20INSBANK (866) 866 - 4268 www.insbanktn.com 11J.M. Wilson (800) 595 - 0063 www.jmwilson.com 42Johnson & Johnson (931) 704 - 0810 www.jjins.com 28-29Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40Martin & Zerfoss (615) 297 - 8500 www.martinzerfoss.com 37MetLife Auto & Home (615) 812 - 4811 www.metlife.com 49National Security Group (800) 239 - 2358 x267 www.nationalsecuritygroup.com 46Nationwide (614) 948 - 4107 www.nationwide.com 50North Alabama Insurance (800) 824 - 1740 www.nai1982.com 24Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56Preferred Comp/Meadowbrook (800) 755 - 8090 www.meadowbrook.com 51 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 42Risk Innovations (800) 913 - 6696 www.riskinnovations.com/tni 16Securerisk (770) 723 - 8096 www.securerisk.com 36South & Western (800) 492 - 5351 www.southandwestern.com 33Southern Cross Underwriters (800) 682 - 5263 www.scui.com 20Summit Holdings (800) 971 - 2667 www.summitholdings.com 24

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INSURORS 122nd ANNUAL CONVENTIONOCTOBER 10-13 | KNOXVILLE

Thank you, agents.

Auto-Owners has always been

dedicated to the independent agency

system and proudly standing behind

the agents who represent us. We

would like to thank you for your

continued loyalty, which has helped

us achieve tremendous growth and

accomplishments over the years.

2500 21st Avenue South Suite 200Nashville, TN 37212

We look for the best independent

agents and build relationships

that last the duration. We are

committed to the independent

agency system as the only means

to deliver our products. Because

of that, we work hand-in-hand to

help our agencies grow profitably.

Our agents set us apart.

www.PennNationalInsurance.com

Business Surety Auto Home

PRSRT STDU.S. Postage

PAIDNashville, TN

Permit No. 380

Documents

The Tennessee Insuror May/June 15