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Primary Agent - August 2012 - MD Edition
32
MARYLAND ALSO IN THIS ISSUE: ________________ Travelers on industry changes
Transcript
Page 1: Primary Agent - August 2012 - MD Edition

MARYLAND

ALSO INTHISISSUE:________________

Travelers on industry changes

Page 2: Primary Agent - August 2012 - MD Edition
Page 3: Primary Agent - August 2012 - MD Edition

How to address cyberbullying liabilityToday’s bullies lurk behind technology, rather than in a dark alley. And therepercussions more and more frequently involve a courtroom. On the following pages, Jerry Milton explains what cyberbullying is all about anddiscusses how — or if — insurance policies will respond to victims’ resulting bodily harm or mental anguish.

Page 10

Travelers sheds light on industry changesFeedback from IA&B’s spring 2012 Member Agent Panel (MAP) meetings is fuelingthe association’s carrier relations initiatives. After hearing of Travelers’ proactiveeducation efforts, IA&B invited the carrier to attend the May board meeting andshed light on the property/casualty marketplace.

Page 18

10

18

ContentsP R I M A R Y A G E N T M A G A Z I N E

Copyright 2012. All rights reserved. No material may be reproduced in whole or in part without written consent of the publisher. The information in this publication is general in nature and is not intended to serve as legal, accounting, financial,insurance, investment advisory or other professional advice as to any reader’s particular situation. Users are encouraged to consult withcompetent legal, financial, insurance, investment advisory and or other professional advisors concerning specific matters before makingany decisions and we disclaim any responsibility for any decisions or actions by readers. Statements of fact and opinion in PrimaryAgent are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of the IA&B.Participation in IA&B events, activities and/or publications is available on a non-discriminatory basis and does not reflect IA&Bendorsement of the products and/or services.

Subscriptions: Non-member price: $2.25 per copy or $15 per year.

All communications for publications, including news, features, advertising copy, cuts, etc., must reach the editor by 1st of month two monthsprior to publication. Advertising rates furnished upon request.

Address inquiries to:Primary Agent Editor5050 Ritter RoadMechanicsburg, PA 17055-0763Phone (800) 998-9644 or (717) 795-9100 Fax (717) 795-8347

Periodical postage paid at Mechanicsburg, Pa. and additional entry post office.

Postmaster: Send address changes to above address.Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2012-8 is published monthly by IA&B Service Group Inc., a subsidiary of IA&B.

2 Chair of the Board’s Message4 State News6 Preventing E&O8 Coverage Corner15 Glance at Events17 Member FAQ

23 IA&B Partners24 Tools You Can Use26 Technology UpdateIBC Advertisers IndexIBC Classified AdsIBC Last & Least

In every issueMission StatementPrimary Agent delivers ideas to help InsuranceAgents & Brokers’ members negotiate their uniqueposition as guardians of trust between insuranceconsumers and companies while facing thechallenges of maintaining a small business. PrimaryAgent also supports IA&B’s mission to preserve andadvocate the American Agency System.

Get social with IA&B

Page 4: Primary Agent - August 2012 - MD Edition

OfficersRobert B. Hall, CPCU, CLU, ChFC, ARM, ARM-P

Chair of the BoardWest Chester, Pa.

Norman F. Basso, CPCUVice Chair of the BoardYork, Pa.

David Rosenkilde, CICImmediate Past Chair of the BoardHunt Valley, Md.

MembersJoyce M. Bailey, CIC, CRM, CPIW

Newark, Del.

Henry “Butch” Bradley, Jr.Forest Hill, Md.

Timothy P. BurrisMifflintown, Pa.

N. Lee Dotson, CIC, AAIWilmington, Del.

Michael P. ErtelIColumbia, Md.

John L. FrankenfieldTelford, Pa.

G. Greg Gunn, CICLemoyne, Pa.

John B. HollisterMilford, Pa.

Diana M. Hornung Hanby, ACSRWilmington, Del.

Jocelyn R. Howard-Sinopoli, CIC, CISRButler, Pa.

Robert S. Klinger, LUTCF, CPIA+

Germantown, Md.

Douglas A. Loesel, CPCUErie, Pa.

Michael F. McGroarty Sr.Pittsburgh, Pa.

Craig S. Mader Gambrills, Md.

Ann Gallen Moll, CICReading, Pa.

April E. Ressler, CICAltoona, Pa.

Scott C. Rogers, CPIA*York, Pa.

David B. Wasson Sr., CICState College, Pa.

Lawrence A. Wilson, CIC, CPIA, CPCU, ARM**New Castle, Del.

* Pa. IIABA National Director** Del. IIABA National Director+ Md. PIA National Director

Board of Directors

[ 2 ]

Robert B. Hall, CPCU, CLU, ChFC, ARM, ARM-P

Chair of the Board’sM E S S A G E

Driving members to distinction.

Where we’ve been and where we’re going

This month marks my last as IA&B Service Groupchairman. At the next board meeting, I will pass the gavelto my very capable successor, Norm Basso. And when I do,I’ll feel a sense of accomplishment, knowing that theorganization is well positioned for the knowns andunknowns of tomorrow.

The past year has been a challenging one for the board.Relationships were evaluated and decisions were made thataltered the course of each state association. But I am proudto report that our commitment to members and their bestinterests was the driving force every step of the way, and Iam confident that members are well represented today by astrong, fiscally sound and truly viable organization.

These are challenging times, as the market and economycontinue to waver, the competition for personal linesmarket share continues to escalate, and technologiescontinue to advance at a lightening-fast pace. But Iguarantee that something else will continue as well: IA&B’scommitment to seeing member agencies through whatevercomes their way.

All the best,

Robert B Hall, ChFC, CLU, CPCU, ARM, ARM-PChairman of the Board

Page 5: Primary Agent - August 2012 - MD Edition

Donegal Supports the IndependentAgent System...ExclusivelyAt Donegal we believe success depends on mutual support. That is why we sell exclusively throughthe independent agent system.

Our strength has been developed from our independent agents who appreciate the advantages we offer. Independent agents who sell Donegal enjoy a consistent market, a comprehensive package of exceptional products, great rates, timely underwriting response and proven cooperative marketing programs. We feel that the best thing we can offer our agents is support you can depend on.

Give us a call today if you’d like to find out how Donegal can provide valuable added support for the growth of your business.

800-877-0600 www.donegalgroup.com

Call Rick Kelley,Senior Vice President

Page 6: Primary Agent - August 2012 - MD Edition

Primary Agent | August 2012

State News

[ 4 ]

AliciaWoodhouse gother start in theinsuranceindustry likemost peopledo — by

chance. A stay-at-homemom at the time, Woodhouse heard froma friend about an independent agency in search of someone bilingual. Trainingand insurance education would come on the job.

“I was nervous,” admits Woodhouse. “I had never worked in the industry before,but I’ve always liked working with people.”And that inclination toward customerservice helped her land the job – which ledto a career and, most recently, nationalaccolades. Woodhouse received Maryland’s2012 Outstanding CSR of the Year Awardfrom The National Alliance for InsuranceEducation & Research.

Now a CSR for Atlantic/Smith, Cropper & Deeley in Willards, Md., Woodhouseenjoys the challenge of working in an ever-changing industry.

“Just when you think you’ve learned therules, they change them,” Woodhouselaughs about insurance. “There’s always anopportunity to learn.”

Beyond that, she cites how rewarding it hasbeen to work with Hispanic clientele.

“I’ve been there before, when I wasn’t ableto understand the language,” shares theSpanish- and English-speaking Woodhouse.

Overall, Woodhouse points to herenthusiasm for her job for her success.

“You have to have passion and be a peopleperson,” she shares. “Make sure you likewhat you do because happy employeesmake happy clients and happy employers.”

IA&B congratulates member agent AliciaWoodhouse on winning the statecompetition. Her award allowed her tomove on to a nationwide competition andto be considered by The National Alliancewhen selecting a national Outstanding CSRof the Year Award recipient.

Meet Alicia Woodhouse,Maryland’s Outstanding CSR of the Year

New MembersW E L C O M E

Ross Insurance Agency IncBaltimore, Md.

Page 7: Primary Agent - August 2012 - MD Edition

New resource todiscontinue"babysitting" late payersIt is common knowledge that agentscontacting clients who have anoverdue payment:

1. Are increasing their E&O exposure

2. Cannot stop cold turkey

Agents must first notify their clientsthat they will discontinue the practice.To help members get back to safergrounds, IA&B developed a sampleletter to notify customers that theagency will stop calling them when apayment has not been received andcancellation is imminent.

www.iabgroup.com/md/notif_overdue

Insider scoop oncarrier relationsMembers can benchmark their carrierrelationships against other members’experiences. IA&B’s analysis of its 2012Company Satisfaction Index (CSI)personal-lines survey results is nowavailable online.

The report compares results bycarriers’ size (direct premium writtenand footprint) and category ofquestions and factors in previous

years’ data toexpose trends.Plus, members canutilize theinteractive, onlinetool to view results

based upon carrier ranking or by anyof the four key categories or to see a side-by-side comparison of carriersand individual company results by questions.

www.iabgroup.com/md/csi

IA&B recognizesnew designeesFifteen new CICs, CRMs and CISRsattended the June 14 confermentceremony in Catonsville, Md.

Dino Gavanes, CIC, of the CIC Board of Governors, gave aconferment speech and thenpresented pins to the newdesignees. IA&B of MarylandChairman Butch Bradley; IA&B ofMaryland Vice Chairman RobertKlinger, LUTCF, CPIA; IA&BEducation Consultant Jerry Milton,CIC; Rita Hollada, CIC; and Kitty Ambers, CIC were on hand for the event.

IA&B’s 2012 Executive Management ConferenceWyndham Gettysburg HotelGettysburg, Pa.

October 30-31, 2012

Dino Gavanes of the CIC Board ofGovernors congratulated the conferees.

Erin Hott, of BrethrenMutual InsuranceCompany inHagerstown, Md., was one of five to receive her certified insuranceservice representativedesignation at the event.

[ 5 ]

Page 8: Primary Agent - August 2012 - MD Edition

[ 6 ]

CURTIS M. PEARSALLCPCU, AIAF, CPIA

Curtis M. Pearsall, CPCU, AIAF,

CPIA, president of Pearsall

Associates Inc. and special

consultant to the Utica

National E&O Program,

supplied this article.

Insurance Agents & Brokers

Service Group Inc. is the

exclusive agent for the Utica

E&O program in Delaware,

Maryland and Pennsylvania.

For questions regarding this

article or your E&O coverage,

contact IA&B at 800-998-9644

or [email protected].

Primary Agent | August 2012

“Document. Document.Document.” In all likelihood,this suggestion has beenuttered in virtually everyErrors & Omissions class evertaught. While it’s unclear whocoined the phrase, in manyrespects truer words haveprobably never been spoken.Documentation is one of themost important aspects of aquality E&O loss preventionprogram.

It is important to realize,though, that not just any typeof documentation will do. Itmust be quality, detailed andtimely. Good documentationcan stop a potential claim inits tracks. Conversely, poordocumentation can be like“gasoline on a fire” andfurther intensify the actionsagainst your agency.

Instill in your agency andwith each staff member theimportant roledocumentation plays – andmake sure every employeefollows through on your

expectation of quality,detailed and timelydocumentation.

Customer contactLet’s start with phone callsthat come into the agency.Over the years, agency staffhas been trained to ensurethat phone messages areproperly documented in the

paper file or in the agencymanagement system. While itis probably safe to presumethis activity is beingperformed, the key is actuallynot whether it is being done,but rather is thedocumentation of sufficientdepth and handled in aprompt time period.

Does the documentation inthe system state somethingto effect of “spoke withinsured regarding theirHomeowners’ policy”? If so,what does thatdocumentation truly tell you?Actually, not a lot. Thedocumentation shouldidentify the exact individualwith whom you spoke, withdetail on what was discussedand what, if any, the nextsteps are. If the insured mustget back to you with someinformation, put that actionitem on record to ensurenothing is missed.

In reality, the “old school”way of documenting in the

QUALITY DOCUMENTATION A KEY ELEMENT INA SOLID E&O PREVENTION PROGRAM

PreventingE R R O R S A N D O M I S S I O N S

Agency staff has

been trained to

ensure that phone

messages are

properly

documented….

The key is actually

not whether it is

being done, but rather

is the documentation

of sufficient depth

and handled in a

prompt time period.

Page 9: Primary Agent - August 2012 - MD Edition

[ 7 ]

file is no longer good enough. Why?If you simply documented the issuein the file, there is the potential for amisunderstanding between what thecustomer told you and what youheard. When does themisunderstanding often surface?When the customer has a loss and isunhappy with the settlement.

Document it backFor example, say the customer askedyou to delete the property coverageon 410 Main Street. You understoodthe conversation to be that theywanted all coverages on 410 MainStreet deleted. In this example, thereis a misunderstanding in the file.How do you resolve this?

The most effective means is todocument back to the customer yourunderstanding of the conversation.This should be in writing and, formany agencies that have adoptedthis approach, a quick e-mail or letterdoes the job. Something such as:

Mr. Jones, per your request, we havedeleted all coverages on 410 MainStreet. If this is contrary to yourunderstanding, please contact theagency as soon as possible.

This now puts the responsibility onyour client to speak up, advise youthat you misunderstood him andstate that he only wanted theproperty deleted. While this may takesome time, the benefits aretremendous. Plus, this added level ofdocumentation helps identifymisunderstandings before a claim asopposed to after it.

If possible, the customer shouldmake these types of requests inwriting. Another option is to requirethe customer to come into the officewhen requesting policy changes.While this is ideal and preferred,unfortunately it may not be possiblein all situations.

Nearly every day, your staff –internal and producers – interactswith your customers on importantinsurance issues. Questions areasked, coverages are explained, etc.There is a good chance the customeris documenting the essence of thesediscussions for his or her records,and your agency must do the same.These discussions need to bethorough and promptly documented,in the agency file and with a letterback to the customer detailing theconversation and what was resolved.

Additional tipsAny agency staff member engagingwith the customer outside of theoffice via cell phone must be the onehandling the file documentation.Don’t ask another agency staffmember to do it. Once again, thequality of the documentation isextremely important. Requiring theperson who spoke with the customerto perform the documentation addsto its quality and validity.

Bring up documentation at practicallyevery staff meeting, too. That helpsemphasize you are serious about thisissue. In addition, conduct periodicquality control checks of each of yourstaff, with strong focus on quality,detail and timeliness of thedocumentation.

While quality, detailed and timelydocumentation might not prevent an E&O claim from happening, there is nothing more important that will determine the direction the claim goes.

Don’t wait for a claim to develop tofind out a file’s documentation wasnot what you thought it was. Haveyour staff become documentationfanatics – you’ll be glad you did.

Documentation oftext messagesClose to 200,000 textmessages were sent everysecond in 2010, according tothe latest InternationalTelecommunication Unionstatistics, and usagegrows annually.

As agency staff and clientsbegin communicating via textmessages, a whole newworld of E&O implicationsopens. Read this month’sTechnology Update columnto learn more about howprogressive agencies areembracing text messages —and finding ways todocument them.

Page 10: Primary Agent - August 2012 - MD Edition

CoverageC O R N E R

[ 8 ]

JERRY M. MILTON, CIC

Jerry M. Milton, CIC teaches

and consults on industry

issues. The legal profession

recognizes him as an

expert on insurance

coverages. He is also the

education consultant for

IA&B, working with CISR,

CIC and continuing

education programs.

Primary Agent | August 2012

Many of our clients purchasehigher liability limits thanthose provided under theirCommercial GeneralLiability, Auto, EmployersLiability and ComprehensivePersonal Liability policies.When we talk about thesehigher liability limits, weusually refer to the policythat provides those higherlimits as an “umbrella.” But is it?

Higher liability limits may bewritten on an umbrella basis,excess basis or follow-formbasis. However, many of usmake the common mistakeof using the term “umbrella”to describe any policy thatprovides higher liabilitylimits. There are manyumbrellas out there that arenot “umbrellas.” They’re anexcess liability or a follow-form liability policy.

When we write an umbrellaliability policy, we expect, ata minimum, the following:

w Higher limits than therequired underlyingpolicies

w Broader coverage thanthe underlying policies

w Primary coverage whenbroader than theunderlying policies

If it’s a true umbrella policy,those three functions will beafforded. However, someinsurers that use the word“umbrella” in theirdeclarations will addnumerous exclusionaryendorsements. Thatsupposed umbrella policythen becomes nothing morethan an excess liability orfollow-form liability policy.

A true follow-form liabilitypolicy is easy to understand.If the loss is covered by any of the requiredunderlying policies, it’scovered by the follow-formpolicy; if excluded by anyunderlying policy, it’s alsoexcluded by the follow-formpolicy. The good news — atrue follow-form policy isnever more restrictive thanthe underlying policies. The bad news — it’s neverany broader.

If it’s an excess liabilitypolicy, it’s very likely that allit does is provide higherlimits for certain losses. In a few situations these

policies may be broaderthan the underlying policies.But those instances areusually few and far between. In many cases the excess liability policy ismore restrictive than theunderlying policies.Exclusions or restrictionsfound in many excessliability policies that are notusually found in theunderlying policies include:

w No automatic coveragefor newly acquired ornewly formed entities

w No coverage forvolunteers

w Cross suits (insuredversus insured) excluded

w Absolute fellowemployee exclusion (no coverage forexecutive officers)

w No employers’ liabilitycoverage for injury to anemployee caused byanother employee

w Coverage for scheduledor written contracts only

IS IT REALLY AN “UMBRELLA”?

Page 11: Primary Agent - August 2012 - MD Edition

w Care, custody or control of anyproperty (real or personal)excluded

w No host liquor liability coverage

w No exception for damage to yourwork if work performed by asubcontractor

w Total pollution exclusion

w Punitive damages excluded

Just because the policy says“umbrella,” don’t assume it’s anumbrella. Check it out. Look forbroader coverage, but pay closeattention to those exclusions in the policy or that may be added by endorsements that make the policy more restrictive than theunderlying policies.

Y’all take care!

[ 9 ]

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Why do I need a personal umbrella?Let us count the multi-million ways….

Sometimes a dose of reality is the best medicine for sluggishumbrella policy sales. From parents of a teenage babysitter wholeft an infant unattended to the homeowner whose friend injuredhimself diving into the pool, the examples of how easily someonecould find him or herself on the losing end of a multi-milliondollar lawsuit are plentiful — and powerful.

IA&B’s online resource (“Why do I need a personal umbrella?”)shares six very relatable losses that showcase the value of apersonal umbrella policy.

Delaware: www.iabgroup.com/de/why_personal_umbMaryland: www.iabgroup.com/md/why_personal_umbPennsylvania: www.iabgroup.com/pa/why_personal_umb

Page 12: Primary Agent - August 2012 - MD Edition

COVERAGES

How to addresscyberbullying liabilityLawsuits beat insurance policies to the punch

Today’s bullies lurk behindtechnology, rather than in adark alley. And therepercussions more andmore frequently involve acourtroom. On thefollowing pages, Jerry Miltonexplains what cyberbullyingis all about and discusseshow — or if — insurancepolicies will respond tovictims’ resulting bodilyharm or mental anguish.

Page 13: Primary Agent - August 2012 - MD Edition

Primary Agent | August 2012

Iguess we’ve always had bullies. They were certainlyaround when I was a kid growing up in southMississippi. And that was many, many years ago.Bullying back then was a rather simple issue — it

typically involved some big boy picking on a little boy. The big boy was usually jealous of the little boy because he was smarter, he dressed better, he had more money, thegirls liked him better or whatever. The bullying continueduntil another big boy stopped it or until the little boy gotbigger and put an end to it. Girls just didn’t do that sort ofthing. It was a boy thing!

That was then, this is now. Times have changed. Today,youngsters are being bullied while they’re in the classroomor at home with their families. Even while they’re asleep.How is that possible? All you need is access to a cell phoneor the Internet. It’s called cyberbullying,

The term “cyberbullying” was first coined and defined byCanadian educator and anti-bullying activist Bill Belsey as“the use of information and communication technologies to support deliberate, repeated and hostile behavior by anindividual or group that is intended to harm others.”Cyberbullying has subsequently been defined as “when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person.”

Cyberbullying usually consists of threats, sexual remarks orhate speech. The intent is to gang up on the victims bymaking them the subject of ridicule and posting falsestatements as fact in order to humiliate them. Some cyberbullies send threatening or harassing emails or instantmessages to the victims, while others post rumors or gossipand instigate others to join in and attack the victims. Somecyber bullies post the victims’ photos or the victims’ editedphotos with defaming captions, or they paste the victims’faces on nude bodies.

And now we have cell phones that take pictures. Anotherform of cyberbullying involves taking a picture of someone inan embarrassing situation and then posting that picture onthe Internet. Once the material has been posted, millions ofpeople can potentially download it before it is removed.

Unlike physical bullies, cyber bullies can remain anonymoususing temporary email accounts, pseudonyms in chat rooms,instant messaging programs, cell phone text messaging andother Internet venues to mask their identity. Cyber bullies

I

[ 11 ]

If my child has been harmed

by a bully, … my “pound

of flesh” will be in the form

of dollars. I can’t suethe child, but I can certainly

sue his or her parents.

Page 14: Primary Agent - August 2012 - MD Edition

can gang up on their victimselectronically in large numberssince there is no limit to thenumber of people who canjoin in. This frees them fromthe normal and socialconstraints on their behavior.

Kids report being mean toeach other online beginning asyoung as the second grade.According to research, boysinitiate mean online activityearlier than girls do. However,by middle school, girls aremore likely to engage incyberbullying than boys.

It’s a known fact thatteenagers know more aboutcomputers and cellular phonesthan their parents orguardians. Therefore they areable to operate their deviceswithout concern that a parent or guardian willdiscover their experience withbullying, whether as a victimor an offender.

Incidentally, cyberbullying isnot limited to children. Thesame behavior is presentamong adults. The distinctionis age. When adults use theInternet or cell phones for this purpose, it’s calledcyberstalking orcyberharassment.

How prevalent iscyberbullying?Numerous surveys have beenconducted concerningcyberbullying, and all of thesesurveys have reached thesame conclusion — it’s amajor problem among teens.

The National Crime PreventionCouncil reports thatcyberbullying is a problem that affects almost 50 percentof all American teens. Asurvey of 1,500 students ingrades four through eightconducted by I-Safe.orgrevealed the following:

w 42 percent have beenbullied while online; onein four has had it happenmore than once

w 35 percent have beenthreatened online; nearlyone in five has had ithappen more than once

w 21 percent have receivedmean or threateningemails or other messages

w 58 percent have hadsomeone say mean orhurtful things to themonline

w 58 percent have not toldtheir parents or any adultabout what has happenedto them online

Currently 47 states have sometype of legislation regardingbullying prevention. As of June2011, only 30 of those states— including Pennsylvania,Maryland and Delaware — had laws that addresscyberbullying. (See sidebar toleft) The laws vary from stateto state as to what constitutesbullying, as well as thepunishment for violating thelaw. Punishment ranges fromschool suspension orexpulsion to a fine and/or jail time.

COVERAGES

[ 12 ]

Cyberbullying laws onthe booksDelaware, Maryland and Pennsylvania each enacted an anti-bullying law(s) whichincludes cyberbullying.

Delaware:Delaware Code Annotated Title 14, §4112D –School bullying prevention

Delaware Code Annotated Title 14, §4123A –School bullying prevention and criminal youth

Maryland:Maryland Code Annotated, Education §7-424– Reporting incidents of harassment orintimidation against students

Maryland Code Annotated, Education §7-424.1– Model policy prohibiting bullying,harassment and intimidation

Maryland Code Annotated, Criminal §3-805 –Misuse of electronic mail

Code of Maryland State Board of EducationRegulation §13A.01.04.03 – School safety

Pennsylvania: 24 Pennsylvania Consolidated Statute §13-1303.1-A – Policy relating to bullying

continued on page 14

Page 15: Primary Agent - August 2012 - MD Edition

Emails and teleconferencing may be time-savers, but there is no substitute for the one-to-one relationships with insurance professionals who know you and your community. Early on, EMC Insurance Companies realized the value of being close to agents and policyholders. That value continues to pay off in products and services tailored to individual market needs. Whatever the future holds, insurance will always be a relationship business and EMC will continue to keep those relationships as close to your office as possible.

We’re celebrating our 100th year by planning for our next 100 years.

Tanya Wentzel, Des Moines Branch Marketing ManagerTroy Boysen, Minneapolis Branch Commercial UnderwriterConnie Jarzynka, Omaha Branch Claims Adjuster

Valley Forge Service Branch: 800.333.3622 | Home Office: Des Moines, IA www.emcins.com

© Copyright Employers Mutual Casualty Company 2011 All rights reserved

Page 16: Primary Agent - August 2012 - MD Edition

Would an insurance policyrespond to cyberbullying?What are the harmful effects ofcyberbullying? Lower self-esteem; withdrawal from theirfriends and family; beingscared, frustrated, angry ordepressed; and the mostdamaging — suicidaltendencies. There are severalexamples where cyberbullyinghas been linked to the suicideof a teenager.

I don’t know about you, but ifmy child has been harmed by abully, I’m going to take someaction if I know who that bullyis. In my childhood days thataction was physical — it wasface-to-face. Not anymore.Today, that’s a no-no. Today it’sin the courts. My “pound offlesh” will be in the form ofdollars. I can’t sue the child, butI can certainly sue his or herparents. Are they liable? I don’tknow — that’s a legal question.But they are certainlyvicariously liable for the actionsof their son or daughter.

If I do file a suit against theparents of the bully whoharmed my child, do they haveany insurance coverage for thatclaim? We have to take a lookat the Homeowners’ policy, andpossibly a Personal Umbrellapolicy, to determine the answerto that question.

First, what are the allegations?What harm or injury did their15-year-old child cause my 14-year-old child? Was my childharassed? Was my child’sreputation tarnished or

destroyed? Did my child suffermental anguish? Or, did mychild attempt suicide? Waspsychiatric counselingnecessary?

Section II – Liability of theHomeowners’ policy agrees topay for damages and provide adefense because of “bodilyinjury” caused by an occurrenceto which coverage applies andfor which an insured is legallyliable. “Bodily injury” is defined

as “bodily harm, sickness ordisease, including required care,loss of services and death thatresults.”

Does harassment constitute“bodily injury”? I don’t think so.Is loss of reputation “bodilyinjury”? I doubt it. Is libel orslander? We call that “personalinjury”. What about mentalanguish? Possibly. Attemptedsuicide? Maybe. Suicide?Definitely.

What I’m saying is that I don’t really know whatconstitutes “bodily injury.” The Homeowners’ policy

doesn’t tell me. “Bodily injury”means bodily harm. What hasthat told me? Nothing! We’llhave to let the courts decide.Assuming that at least one ofthe allegations meets the test of being “bodily injury,” theHomeowners’ policy is on the hook.

But the Homeowners’ insurermay have an out. PersonalLiability exclusion E.1. excludes“bodily injury expected orintended by an insured.” Is that teenage son or daughterwho bullied my child an“insured” under the parents’Homeowners’ policy?Absolutely! Did that teenageson or daughter expect orintend my child to suffer bodilyinjury? Maybe, maybe not. Whatdoes he or she have to say? It’scalled a deposition.

The Homeowners’ insurer alsohas a safety net with exclusionE.7. which excludes “bodilyinjury which arises out ofsexual molestation, corporalpunishment or physical ormental abuse.” Cyberbullying, inmost cases, could be labeled“mental abuse.”

So, the Homeowners’ insurermay be off the hook after all. Iemphasize may be. I know, andy’all know, that each case isbased on its own merit, and it’simpossible to give an absolute“yes” or “no” to any theoreticalclaims question.

Let’s expand the liabilitycoverage under theHomeowners’ policy. Let’s add the Personal Injury

COVERAGES

[ 14 ]

Most cyber bullies know what they are

writing or posting is false. Their primary purposeis to destroy another person with false

information.

continued from page 12

continued on page 16

Page 17: Primary Agent - August 2012 - MD Edition

Date Topic Location

1 Dynamics of Service Mechanicsburg, Pa.

Consequences of Property Loss Seminar Allentown, Pa.

2 CISR—Commercial Casualty Course Frederick, Md.

Consequences of Property Loss Seminar Mechanicsburg, Pa.

7 CPIA—Module 1 Philadelphia, Pa.

7-9 P&C Licensing Study Course Mechanicsburg, Pa.

8 CPIA—Module 2 Philadelphia, Pa.

8-9 James K. Ruble Graduate Seminar Hershey, Pa.

9 CPIA—Module 3 Philadelphia, Pa.

13-14 James K. Ruble Graduate Seminar Ellicott City, Md.

14 CISR—Commercial Casualty Course Allentown, Pa.

14-16 L&H Licensing Study Course Pittsburgh, Pa.

15 Consequences of Property Loss Seminar Philadelphia, Pa.

CISR—Commercial Casualty Course Wilmington, Del.

20-23 CIC—Life & Health Institute Philadelphia, Pa.

21 CISR—Commercial Casualty Course Reading, Pa.

Consequences of Property Loss Seminar Pittsburgh, Pa.

21-23 P&C Licensing Study Course Philadelphia, Pa.

Glance at EventsA U G U S T C A L E N D A R

IA&B On-Demand TrainingEducation from IA&B is now available online when and where you want it.Visit iabgroup.com/on-demand for more information.

[ 15 ]

Page 18: Primary Agent - August 2012 - MD Edition

Coverage endorsement (ISO Form HO 24 82). Coveredinjuries and damages nowinclude “oral or writtenpublication, in any manner, ofmaterial that slanders or libels a person,” and “oral or writtenpublication, in any manner, that violates a person’s right of privacy.”

Certainly the information their son or daughter wrote orposted about my child waslibelous or slanderous. Nowtheir Homeowners’ insurermight as well step up, bite thebullet and settle this claim. Youwould think so. After all, libel orslander is considered “personalinjury.” But again theHomeowners’ insurer may have an out.

The Personal Injuryendorsement excludes“personal injury”:

1. Caused by or at thedirection of an “insured”with the knowledge thatthe act would violate therights of another andwould inflict “personalinjury”;

2. Arising out of oral writtenpublication of material, ifdone by or at the directionof an “insured” withknowledge of its falsity.

Those are tough exclusions toovercome. Especially the “if theinsured knew it was false”exclusion. Most cyber bulliesknow what they are writing orposting is false. Their primarypurpose is to destroy anotherperson with false information.

What about Personal Umbrellapolicies? That’s hard to answer.They usually have a broaderdefinition of “bodily injury” and“personal injury” that mayinclude harassment,defamation, humiliation, shockand mental anguish. Notalways, but usually. But whatabout exclusions? Does thePersonal Umbrella policyprovide broader coverage than

the Homeowners’ policy, or is itabout the same? I can’t answerthat question. There is nostandard Personal Umbrellapolicy. They are usually insurer-proprietary forms.

Is the insurance industryready for today’s exposures?I think all of us will agree thattechnology is advancing at amuch faster pace than ourinsurers’ ability to address theexposures that thosetechnologies are creating. Totheir credit, many of ourinsurers are doing a good job ofaddressing these newtechnological exposures in thebusiness arena with thedevelopment of their E-Commerce and Cyber policies.

In many cases, these policiesmay cover cyberstalking orcyberharassment by anemployee of the insured.

However, nothing is being doneto address the same exposuresfor individuals under theirpersonal liability policies.Cyberbullying is a major issuein today’s society. I firmlybelieve that in the future moreand more parents will be calledinto court to answer for theactions of their children. Willthey have coverage for thoseclaims? I just don’t know.

Do you have any insureds thathave children who may becyber bullies? If they are suedfor the actions of their children,do they expect coverage undertheir Homeowners’ policy orPersonal Umbrella policy? Ithink so. If you’re an agent, talkto your insurers. If you’re aninsurer, give this some thought.

Y’all take care!

________________________________

Jerry M. Milton, CIC, teaches andconsults on industry issues. Thelegal profession recognizes him asan expert on insurance coverages.He is also an education consultantfor IA&B who works with CISR,CIC and continuing educationprograms.

COVERAGES

[ 16 ]

I think all of us will agree that

technology is advancing at amuch faster pace than ourinsurers’ ability to address the

exposures that thosetechnologies are creating.

continued from page 14

Page 19: Primary Agent - August 2012 - MD Edition

ANSWER:Discontinued operations coverage, or more precisely theabsence thereof, can be a major E&O exposure foragents. That’s because there is significant confusion overthe occurrence form and its coverage triggers. If we goback to the ISO Occurrence form (CG 00 01), the relevantsection reads:

“b. this insurance applies to ‘bodily injury’ and ‘propertydamage’ only if:

(1) The ‘bodily injury’ or ‘property damage’ is causedby an ‘occurrence’ that takes place in the "coverageterritory," and

(2) The ‘bodily injury’ or ‘property damage’ occursduring the policy period.” [emphasis added]

While this language looks fairly innocuous, it is oftenmisunderstood, with some unfortunate consequences atclaim time.

Using an example may be the best way to illustrate thiscase: Let’s say the insured builds decks. After he retires,one of his decks collapses during a Fourth of July party,and the homeowner is injured.* The retired builder turnsthe claim into his former CGL carrier, only to receive adenial letter because the bodily injury and propertydamage did not occur during the policy period.

Many producers are under the impression that, since it isan occurrence form, coverage will continue after the

person retires and will go back to the policy that was inforce when the insured built the deck. Naturally, anythingcan, and will, be argued, including what in the specificcase constituted the occurrence.

When all is said and done, a policy must be in forcewhen the claim occurs, and the correct way to cover thebuilder is to offer discontinued operations coverage.The discontinued operations policy is a standard CGLpolicy that has been rated to account for the decreasingexposure. It is possible the current carrier will not want tooffer the coverage, and you may have to seek a policyelsewhere. But you must do it. If your client declines theoffer, document it. If you cannot find a market, let theclient know.

In conclusion, under a claims-made policy, the insuredmust have a “tail.” Under an occurrence form, he musthave a live CGL in the form of a discontinuedoperations policy.

*For purposes of this illustration, we are intentionallydisregarding the debate over faulty work and occurrence.

DO YOU HAVE A QUESTION? Email it to us at [email protected]. Please use “Primary Agent FAQ” in the subject line of your message. You can also fax your question to 717-795-8347. We look forward to answering your questions!

QUESTION: One of my customers is shutting down his business. He has an occurrenceform, so isn’t he covered no matter when the claim is brought forth since the “incident”would have occurred when he had coverage?

If so, why is discontinued operations coverage offered? Can you help me understand if andwhy my client should purchase it?

Member FAQ

[ 17 ]

Page 20: Primary Agent - August 2012 - MD Edition

COVERAGES

Travelers sheds light onindustry changes

Feedback from IA&B’sspring 2012 Member AgentPanel (MAP) meetings isfueling the association’scarrier relations initiatives.After hearing of Travelers’proactive education efforts,IA&B invited the carrier toattend the May boardmeeting and shed light on the property/casualtymarketplace.

Page 21: Primary Agent - August 2012 - MD Edition

Primary Agent | August 2012

IA&B’s spring MAP meetings focused on the currentmarket conditions — and their effect on day-to-day agencyoperations. Participants reported overall premium increasesand higher deductibles on renewal business and a generalconsensus to proceed into the apparent firming market withcaution, knowing that a still-struggling economy wouldmake customers less receptive to higher pricing.

Throughout IA&B’s MAP meetings, the Travelers name cameup time and time again. Member agents shared that thecarrier — a major property/casualty player in IA&B’s tri-statefootprint and fifth largest nationwide — was leading the waywith agent and consumer education about market changes.

IA&B decided to go straight to the source and invitedTravelers’ representatives to discuss the current anddeveloping national insurance marketplace with the board ofdirectors. The carrier’s president of the mid-Atlantic region,Kirk Larsen, and regional vice president of personal lines,Dick French, sat down with the IA&B Board in late May anddid just that — sharing insights on recent market trends andtheir repercussions on underwriting and appetite.

Understanding market driversFront and center on many agents’ minds is the marketstatus: Is a hard market finally imminent?

The Travelers representatives noted a recent West VirginiaInsurance Day presentation by Bob Hartwig, president of theInsurance Information Institute and leading economist, whoshared the four components necessary for a true hardmarket. One is a restriction in capacity — somethingcurrently not seen as agents continue to find carriersinterested in writing their business.

Then why are renewal prices on the rise nationwide?

Several market drivers, which insurance companies closelymonitor, while the agent community and certainly thegeneral public rarely give a second thought, can explain. Forone, there is the return on equity necessary to attract andretain investors who are critical to the health of insurancecompanies. Insurers’ recent lack of investment incomecoincides with higher combined ratios and loss trendsmoving in a negative direction. This clash of factors forcesthe hands of insurers, leading to tightened underwriting andincreased premiums.

Then there is the unexpected, such as the recent spate ofnatural disasters. Many carriers’ claim-frequency numbers

[ 19 ]

This clash of factors forcesthe hands of insurers, leading to tightened underwriting and

increased premiums.

Page 22: Primary Agent - August 2012 - MD Edition

shot through the roof, thanks tocatastrophe and weather-related losses. Compoundingthe effects of these losses is thenationwide urbanization trend,which means more insureds areaffected by a single disaster.

Hence insurers’ need toimprove profitability.

According to member agents,national and regional carriersalike are responding to thatneed by increasing deductiblesand focusing on underwriting.And for some policyholdersthat’s a tough pill to swallow …which sparked Travelers’ recenteducation focus. As reported byMAP participants, the carrieraims to stay ahead of the curveby helping agents to educateconsumers on the changingmarketplace and how tominimize the repercussions.

Travelers’ reliance on theindependent agency communityto spread these messages is atestament to the company’sbelief in the system. Larsen andFrench ended their presentationby reaffirming their support forthe independent agents, callingthem “value providers” andtouting what they bring to themarketplace — no matter whatchallenges that marketplace

________________________________

By Karen Robison, public relationsdirector at IA&B

COVERAGES

[ 20 ]

Get Real! Get MBG

Really.

Real peopleR

REAL supportR

REAL solutionsR

REAL responseR

REAL experienceREREAt MBG, you get fl exible underwriters with real experience...85% of ourunderwriters have beenwith us more than 10 years.

MUTUAL BENEFIT GROUPHuntingdon, Pennsylvania

www.mutualbenefitgroup.com

More on MAPsFeedback from IA&B’s spring 2012 Member Agent Panels (MAP)meetings triggered IA&B’s invitation to Travelers. So what’s the scoopon MAPs?

Who: approximately 150 IA&B members (often agency principalsand producers), who sign on for a two-year commitment

What: opportunity to weigh in on industry issues and providefeedback on IA&B’s activities and direction

Where: 13 meeting locations across Delaware, Maryland and Pennsylvania.

Why: to provide valuable insight to the IA&B Board of Directors

When: semiannually; next series of meetings slated for Sept. 11-27, 2012

Since the inaugural meetings in 2003, MAP participants have had asignificant impact on IA&B’s initiatives — spurring legislative andregulatory action, initiating the creation of new resources and helpingthe association stay relevant to membership’s changing needs.

Page 23: Primary Agent - August 2012 - MD Edition

[ 21 ]

IF YOU HAVE THE TOOLS,WE HAVE THE INSURANCE.

Residential Contractors with up to five employees canfind great deals on liability and tools insurance atBrokers Surplus Agency! We represent UTICAFirst Insurance, one of the largest writers of small contracting firms in the Northeast!

Blanket Additional Insured coverage and UTICA’sown “Toolbox Endorsement” which includes 7 bundledadditional coverages saves your customers hundredsof dollars! Call or e-mail us today for a quick quote.Artisan program available in DE, MD, NJ & PA

Contact: Dennis Marsaglia, Ext. [email protected] Frisch, Ext. [email protected]

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Our ApartmentProgram offers a great combination of competitive pricingand coverage for your customers!

Five or more units are eligible for this great program. An optional Apartmentizer Coverage Endorsement isalso available which includes 34 additional coveragessuch as: Landlord/Owner Furnishings

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Page 24: Primary Agent - August 2012 - MD Edition

Platinum Profile

The Main Street America Group’srich history began in 1923 whenwe formed our company to

serve the insurance needs of Grangefraternity members. Today, MainStreet America provides a full line ofcompetitively priced personal linesand commercial lines products andservices to individuals, families andsmall businesses in 27 states, andfidelity and surety bond products in46 states.. We annually write nearly$900 million in premium and havemore than $2 billion in total assets.

Through our eight “A” rated propertyand casualty writing companies —including our largest carrier, NGM Insurance Company — wepartner with more than 2,000independent agents to providesuperior, personal service to morethan 600,000 policyholders.

As the founding company partner ofTrusted Choice®, Main StreetAmerica is 100 percent committed tothe independent insurance agent, asyou are our sole channel of

distribution. We strive to meet theneeds of our customers (agents), and our customers’ customers(policyholders), better than anyoneelse in the market. We are also oneof six carriers which invested in thedevelopment of the new ConsumerAgent Portal (CAP).

To become our customer andrepresent Main Street America inyour market, please visitwww.msagroup.com and click on the “Become a Main Street America Agent” link.

** A.M. Best’s rating of “A” (“Excellent”) applies to The Main Street America Group. Ratings listed hereinare as of May 1, 2012, are used with permission ofA.M. Best, and are subject to changes by the ratingservice. For more information about ratings, pleaseaccess www.ambest.com

Insurance Agents & Brokersproudly recognizes The

Main Street America Groupas one of its Platinum

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Luz Lopez (Pennsylvania, Maryland, Delaware)

Northeast Region MarketsNew York, Pennsylvania,

Maryland, Delaware

A.M. BEST RATING**

Financial Strength: “A” (Excellent) Issuer Credit Ratings: “a+”

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Page 25: Primary Agent - August 2012 - MD Edition

WHAT IS IA&BPARTNERS?The IA&B Partners

program gives company

and allied businesses

the opportunity to

demonstrate their

commitment of support

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and receive maximum

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DO YOU SEEYOUR NAME?To become an IA&B Partner,

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Listed below are those companies that strongly support the independent agencysystem and Insurance Agents & Brokers.

Thank you for your continued sponsorship.

PLATINUM LEVELACUITYBerkley Mid-Atlantic GroupDonegal Insurance GroupErie Insurance GroupHarleysville InsuranceHighmark Casualty Insurance CoInsurance Agents & BrokersService Group Inc

MMG Insurance CompanyMillers Mutual GroupMillville Mutual Insurance CoMutual Benefit GroupOhio CasualtyPenn National InsuranceSelective Swiss ReThe Main Street America GroupUtica National Insurance Group

GOLD LEVELProgressive Westfield Insurance

SILVER LEVELAccess Insurance Company Allied InsuranceAmerican Mining Insurance CoCumberland Insurance GroupFrederick Mutual Insurance CoJuniata Mutual Insurance CoPSBA Insurance TrustThe Philadelphia Contributionship

BRONZE LEVELAegis Security Insurance Co

Agency Insurance Company

AmWINS Program Underwriters Inc

Auto-Owners Insurance Company

Briar Creek Mutual Insurance Company

Builders Insurance Group

Chubb Group of Insurance Companies

Countryway Insurance Company

Encompass Insurance

First General Services

Foremost Insurance Group

Goodville Mutual Casualty Company

Guard Insurance Group

Harford Mutual Insurance Co

Hanover Fire & Casualty Insurance Company

Insurance Alliance of Central PA Inc

Insurance House

Insurance Placement Facility of PA

Keystone Insurers Group Inc

Lebanon Valley Insurance Company

Mercer Insurance Group

Merchants Insurance Group

Mercury Casualty

Penn PRIME Municipal Insurance

Reamstown Mutual Insurance Company

Rockwood Casualty Insurance

State Auto Mutual Insurance Company

TAPCO Underwriters Inc

The Brethren Mutual Insurance Company

The Motorists Insurance Group

The Mutual Service Office Inc

Travelers

Tuscarora Wayne Insurance Company

Zenith Insurance

Primary Agent August 2012

Page 26: Primary Agent - August 2012 - MD Edition

Tools Y O U C A N U S E

[ 24 ]

TECHNOLOGY TIPS

Voice recognitionPeople have always talked to theircomputers — using four-letter wordsin many cases — and until recently,computers didn’t listen very well.Affordable, usable and reliable voice-recognition software has been an“any day now” technology for at leasta decade. This technology has finallybecome a useful tool. If you tried it inthe past and gave up, you should giveit a fresh look. I use and recommendDragon NaturallySpeaking (version 10preferred).

After installing the software, you willneed to spend about 15 or 20minutes to train it to your voice. Afterthat, accuracy should be about 95percent. And as you use the softwareto correct recognition mistakes, itlearns from the mistakes, andrecognition accuracy improves. Thesoftware works seamlessly withMicrosoft Word, Excel, InternetExplorer and Outlook. It is available atmany retail stores and throughhttp://www.nuance.com/.

Send & receive large filesBeing able to attach large files to anemail to send to someone else isbecoming more difficult asorganizations place limits on the sizeof received emails. This problem canarise when trying to send asubmission to an underwriter or witha client who needs to send you apicture or large spreadsheet.SendThisFile.com and YouSendIt.comare Web-based services thatstreamline the process of sending andreceiving large files.

Using either service is as easy asentering the recipient's email addressinto a form, selecting the file youwant to send and clicking the sendbutton. The recipient receives a link tohis or her file via an email messageand then clicks on the link todownload the file to his or hercomputer. There are no emailattachments and no software toinstall. There are no file size limits soany file up to 2 gigabytes (a browserlimit) can be sent. A free account isavailable to test the service and forsending a small number of files.(http://www.sendthisfile.com/ orhttp://www.yousendit.com/)

Easily manage websitepasswordsManaging multiple website passwordsis one of the more difficult tasks foragency personnel. While tools likeTransformation Station andTransactNOW help with this process,there continues to be many sites that

your staff goes to daily where theyhave to manually enter user ID andpassword information each time.

RoboForm is a tool that can help. I'vebeen using it for a while and don'tknow how I got along without it! Theprogram installs as part of your Webbrowser (either Internet Explorer orFirefox) and manages login andpasswords for you. When you log intoa Web site, RoboForm offers to savethe online login information into apasscard after you click thelogin/submit button. The passcard issaved into a fully encrypted file thatrequires a master password to access.

Once the login information page issaved, a true one-click login isavailable by clicking on the websitename in the passcard list. Theprogram automatically navigates tothe website's login page, fills thestored login information into the formand clicks the submit button. You arelogged in with one click.(http://www.roboform.com/)

______________________________Steve Anderson provided these tips onbehalf of the Agents Council forTechnology (ACT). To subscribe toAnderson’s free weekly email newsletter,visit steveanderson.com/act. For moreinformation about ACT, contact Jeff Yatesat [email protected]. The articlereflects the views of the author andshould not be construed as an officialstatement by ACT.

Tech tips to spareThere’s more where this camefrom. Read the rest of SteveAnderson’s technology tips online.

Delaware:www.iabgroup.com/de/10_tech_tips

Maryland:www.iabgroup.com/md/10_tech_tips

Pennsylvania:www.iabgroup.com/pa/10_tech_tips

Page 27: Primary Agent - August 2012 - MD Edition

[ 25 ]

Tools Y O U C A N U S E GOOGLE TAKEOUT

Google allows extensive storage of personal data. You can amass contacts, documents, photos, audio files and more. Google Takeout, a Data Liberation platform, allows you toarchive some — or all — (your choice) of the data stored in your account by downloading

it as a zip file that can be saved elsewhere.

Back up your Google data at google.com/takeout. Have yet to explore what Google has to offer beyond a searchengine? Open a free account at accounts.google.com/SignUp.

Gmail contacts

Google+ Circles

Picasa photo albums

Google Docs

Bonus!

Page 28: Primary Agent - August 2012 - MD Edition

Primary Agent | August 2012 TechnologyU P D A T E

During every meeting I haveattended in the last fewmonths, there have beenquestions and discussionson “should an agency allowtexting by its clients andstaff, and if so, how do wecontrol errors & omissionsand documentation in ouragency managementsystem?”

Empowered clients aregoing to communicate withagents in the manner mostconvenient to them, so thereal issue becomes how isthe agency going tomanage texting if the clientprefers to use it? In thisarticle, I discuss severalconcerns agencies havewith texting, current best

practices for managingthese communications, and the technology optionsfor managing texts andimporting them into yoursystems as I understandthem. There may be other options and noteveryone uses MicrosoftOutlook. Your technologyprofessional should be able to assist you with the details.

Agency concerns1. If clients are texting staffmembers on theirpersonal phone, anumber of issues cometo my mind:

a. What if your staffmember is onvacation where theirphone is notfunctioning or theyare just too busy totake care of the issue?

b. What if your staffmember is ill and notable to pay attentionto incoming messageson a real-time basis?

THE REALITY OF TEXTING FOR INSURANCE AGENCIES

PATRICIA ALEXANDER,CIC

Patricia Alexander, CIC, is a

consultant, coach and mentor with

many years of experience in retail

agency and MGA settings. She

may be reached at

[email protected].

Alexander developed this article for

the Agents Council for Technology

(ACT), part of the Independent

Insurance Agents & Brokers of

America. ACT’s website is

www.independentagent.com/act.

This article reflects the views of

the author and should not be

construed as an official statement

by ACT.

[ 26 ]

Page 29: Primary Agent - August 2012 - MD Edition

c. What if the individual is actuallyno longer a staff member?

d. What if the individual saysthey will take care of the requestand does, but doesn't documentit in the system and somethingis not correct?

I have heard more than one agencyprincipal flatly state that they weren'tgoing to allow any texting. Othersdon't see any way to stop peoplefrom texting but don't know what todo with it and how to set parameters.

A number of people commented thatit was seamless to attach an email,voicemail or other documentation intheir agency management system, butnot so for texts. Since it is difficult tomanage the capture of the textinformation, they want to banreceiving texts. We need to rememberthat capturing email information in anagency management system was notalways easy. Once upon a time wecopied the emails and pasted theminto an activity or note since wecouldn't attach anything to our agencymanagement systems.

Through communication with thevarious agency management vendorsfrom their user groups, the vendorsenhanced their systems to handleemail attachments. From this grew theability to easily attach various otherattachments, and we hope vendorswill create streamlined workflows forcapturing texts as well, possibly as apart of their mobile apps. The initialattachment functions were "clunky",but as time and technology haveprogressed, this function has becomemore streamlined.

In today’s world, texting is a reality. Itis not only your young clients that areengaging in this act. Texting eliminatestelephone tag, and results in analmost instant response. This is whatmany of us are programmed to want.

Current best practicesI recommend you consider taking the following approach with regard to texting:

1. Do you want to be relevant to yourclient base? If so, then you mustembrace this technology.

2. Set standards and best practices.These really are no different thanhandling face-to-face conversations,phone calls, emails, etc. Yourstandard should be that allconversations with the client orwith others about the client’saccount are to be documented inthe agency management system orthe system which you are using tocollect client data.

3. Be pro-active and determine how to best receive texts at theagency level and educate your staff and clients.

4. If your client and someone in youragency are friends, inevitably therewill be a text on a person phone.Define, train and implement theprocess to get this moved to anagency level as quickly as possible.

I don’t see that there is any more ofan errors & omissions exposure inreceiving and responding to texts thanthere are in phone calls, emails orface-to-face conversations. The biggestissue I believe agencies have at thistime is how to make this format workfor them as seamlessly as possible.

Forwarding texts to emailHere are some thoughts I have on thisprocess that I have picked up fromusers who have already addressedthis issue:

1. As soon as the initial text is receivedon a personal phone, forward it toyour business email address. Text aresponse back to the client fromyour business Outlook account. Theclient's text response will comeback into the email which will letyou accumulate the stream of theconversation which can then beattached to the agencymanagement system.

2. Some phones will allow you tocapture an entire text conversation.In this case it could be acceptablethat the conversation continue onthat phone and then be capturedand sent to the business emailaddress for attachment into theagency management system. Thiswould be the best approach whenthe conversation is just a questionand answer session.

Primary Agent | August 2012

Texting eliminatestelephone tag, and resultsin an almost instantresponse. This is what

many of us areprogrammed to want.

[ 27 ]

Page 30: Primary Agent - August 2012 - MD Edition

[ 28 ]

3. It is important for everyone in theagency to learn how their specificphone works for text forwarding:

a. iPhone —http://iphonefaq.org/archives/97335. Another approach is totake a picture of your iPhonescreen when the text is showing,by pressing the on/off button onthe top of the phonesimultaneously with theapplication change button onthe bottom front of the phone.This approach creates an imageof the entire text message andthe picture can then be emailedto your Outlook account.

b. Android phones — Eachmanufacturer handles this in adifferent way, and I even findsome differences within amanufacturer between theirphones. It is best to check theoperating information for yourspecific phone for this function.

Sending texts from emailMicrosoft Outlook can be used as atool to manage text messaging withyour client. There are several steps tosetting up and implementing the useof Microsoft Outlook. However, likeanything else that you do, if youinvest the time to research, implementand train a process, the rewards will be great.

The best place to start the research ison the Web at Set Up Text Messaging(SMS) in Outlook.http://office.microsoft.com/en-us/outlook-help/send-and-receive-text-messages-sms-HA101823438.aspx#_Toc261416088

Microsoft has done a really good jobhere of explaining the optionsavailable for using Outlook andproviding lots of screen shots.

Implementing an agency text address I also recommend that the agencyimplement a way to receive textmessages directly. I understand frommy tech friends that many VoiP phonesystems can have a number set up forreceipt of text messages. I am alsoadvised that this works differently withevery system and that you will needto work with your phone systemprovider to get this set up andimplemented. Once set up, someonein your agency will need to monitorthis number during business hours sothat the expected immediate responsecan be managed.

If your agency does not have a VoiP system, another option available for receiving texts at anumber that you control is to set up a Google Voice number athttps://www.google.com/voice. In the Settings section of your Google Voice account, you will find a place to show the email address for text forwarding.

When you receive these textmessages, they should then beforwarded to the Outlook emailaddress of the individual in youragency who will be handling thisclient. Once the number is set up, youshould promote it to your clients, sothat those who want to communicatein this manner can do so. Whenagency employees receive textmessages on their phones, theyshould let that individual also know

there is a number that is attendedduring business hours and would getattention even when the employee isnot available.

ConclusionFinally, some important points abouttexting to keep in mind:

1. If the client texted you, that is howthey would like to communicate, soat least your initial response shouldbe in a text.

2. If the client texted you, they expectan immediate response as that iswhat the common expectation iswith texting.

3. Your employees should know theagency’s procedures fordocumenting text messages in theagency’s system, just as they wouldother communications from clientsand business partners.

TECHNOLOGY UPDATE

Page 31: Primary Agent - August 2012 - MD Edition

Brokers Surplus Agency . . . . . . . . . . . . . . . . . .21

Donegal Insurance Companies . . . . . . . . . . . . .3

EMC Insurance Companies . . . . . . . . . . . . . . .13

Guard Insurance Group . . . . . . . . . . . . . . . . . .21

IA&B Partners Program . . . . . . . . . . . . . . . . . . .23

Interstate Insurance Mngmnt. . . . . . . . . . . . .OBC

Millers Mutual Group . . . . . . . . . . . . . . . . . . . .IFC

Mutual Benefit Group . . . . . . . . . . . . . . . . . . . .20

Preferred Property Program . . . . . . . . . . . . . . . .9

Ad Index

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“Look ma, no hands!” The refrain likely will take on new meaning within the next five years as driverless vehicles taketo the highways and byways and maneuver thanks to radar,cameras, sensors and GPS.

State governments are intrigued: Nevada and California alreadypassed legislation allowing for road testing of self-driving cars,and legislatures in Arizona, Hawaii, Florida and Oklahoma haveit under consideration. But how the insurance industry will respond remains unclear.

As Carroll Lachnit, of Edmunds.com, questions, “The people inautonomous cars are in the mindset of not being a driver. In anaccident, who has liability?” At the same time, others point to thecars’ potential safety record, theorizing that accidents will decline since humans — and their distractions (Text on, those sitting in the driver’s seat!) — will no longer be factors.

Source: The Detroit News

----------------------------------------------------------------———————-------The Last & Least column is dedicated to the industry’s oddities —from creative claims and kooky coverages, to (tasteful) jokes andstrange stories. Submit yours to [email protected], subject line: Last & Least. The editor will happily protect sources’ anonymity upon request.

Autonomous carsanticipated by end

of decade

Page 32: Primary Agent - August 2012 - MD Edition

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