Winter12

Health Care Reform -To Exchange or Not to Exchange

Insurance Day on the HillFebruary 8-9, 2012Richmond, VA

Big “I” Study SuggestsInduIndustry May Be on Road to Recovery

BIG IOfficial Publication of the Independent Insurance Agents of Virginia

Virginia

The

Winter 2012

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Winter 2012 • THE BIG “I” VIRGINIA 3

4 THE BIG “I” VIRGINIA • Winter 2012

The Big I Virginia is a publication of the Independent Insurance Agents of Virginia

8600 Mayland Drive, Richmond, VA 23294Phone: 804.747.9300 / Toll-free: 800.288.IIAV (4428)

Fax: 804.747.6557 / E-mail: [email protected]: www.iiav.com

For information on advertising please contact: Jim Aitkins, Blue Water Publishers, LLC / 22727 161st Ave SE, Monroe, WA 98272phone: 360.805.6474 / fax: 360.805.6475 / [email protected]

The Big I Virginia is a publication of the Independent Insurance Agents of Virginia and is published quarterly by Blue Water Publishers, LLC. IIAV and Blue Water Publishers, LLC do not necessarily endorse any of the companies advertising in the publication or the views of its writers.

TM IIAV is an organization devoted to promoting,

enhancing, serving and assisting independent

insurance agents.

IIAV extends our appreciation to the following sponsors of this publication:

Insid

e t

his

issu

e6 Message from the Chairman of the Board - John O. Watson

8 Message from the President and CEO - Bob Bradshaw

10 Message from the State National Director - James P. Bradner

12 Big “I” Study Suggests Industry May Be On Road to Recovery

16 2012 Insurance Day On the Hill - February 8 - 9, 2012

18 The Value of the Trusted Choice® Pledge

22 Just the Fax - It Could Cost Your Company Millions

26 E & O Insurance

27 What’s It Worth? Issues with Property Valuations

29 Sales and Servicing Strategies to Grow Your Agency’s Business

33 IIAV Announces Contract with Point Nationwide for Office Products

34 Health Care Reform - To Exchange or Not to Exchange?

38 Burn Your Boat!

40 Combat Cybercrime and Protect Your Agency with Simple Security Steps

44 Boost Your Sales and Life by Setting Goals

46 Contribute to VAPAC

Allied Insurance 15

AmTrust NA 47

Atlantic Specialty Lines 9

Builders Mutual Insurance 13

Delta Dental 11

FCCI Insurance Group 45

FastSnap 33

GNY Insurance Cos. 41

GUARD Insurance Group 41

Harford Mutual 14

Indiana Lumbermens Mutual Ins. Co. 48

JMWilson 31

Jackson Sumner & Associates 2

Johnson & Johnson 24, 25

Keystone Insurers Group 37

Millers Mutual Group 21

Penn National Insurance 7

Preferred Property Program 43

RPS Rollins 3

SIAA 23

TAPCO Underwriters 28

The Iroquois Group 5

Utica National Insurance Group 19

WineryPak 21

WINTER 2012

BIG IOfficial Publication of the Independent Insurance Agents of Virginia

Virginia

The

IIAV Staff

Nettie Ardler, CPIW, DAE Insurance Account Executive [email protected]

Robert N. Bradshaw, Jr., MAM President & [email protected] (804) 929-4134

Teresa Chester Executive Secretary/ Receptionist & Membership [email protected]

Sherry Grubbs, AISM Chief Financial Officer [email protected]

Joe Hudgins, CPCU Vice President of Education & Technical Affairs [email protected] (804) 929-4138

Bonnie Joyce Insurance Administrative Assistant [email protected]

Melanie Kjar Communications/Website Director [email protected]

Linda Loving, CIC, AISM, AIAO IIAV Chief Operating Officer & VFSC Executive Vice President [email protected] (804) 929-4133

Danny Mitchell Vice President Business [email protected] (804) 929-4135

Susan E. C. Perkins Membership/Education Coordinator [email protected]

Kristina Preisner IIAV Education Marketing Coordinator & VAIA Executive Director [email protected]

Lori R. Reed, CISR, CPIA Insurance Account [email protected]

Marie Toney Sales Associate [email protected] (804) 929-4136

Strong Agencies Made Stronger

For over thirty years Iroquois has helped make strong, independent agencies even stronger and more independent. And it shows.

Iroquois recognizes some of its members who have recently played key leadership positions within the industry:

Kenneth E. DavelerPast President, PIA of VA & DCAlliance Insurance Services, Inc.

Marilyn J. DonohoeACSR of the Year, IIAVMcLean Insurance Agency, Inc

Michael F. FunkhouserPast President, IIAVHaun Magruder Inc.

Tyler W. HancockPast Chairman, IIAVFord & Thomas Insurance Agency, Inc.

Crystal Miller-JohnsonPast Agent of the Year, IIAVAssociated Insurance Systems Services, Inc.

Alan K. PlaceOutstanding Agent & Past Pres., PIA -VA & DCCentral Virginia Insurance Agency

Cruger S. Ragland, Jr.Immediate Past Chairman, IIAVHubbard Insurance Agency, Inc.

Jodi Street Reynolds Outstanding Agent & Past Pres., PIA -VA & DCSWVA Professional Insurance Agency, Inc.

Robert T. ShortSecond Vice Chairman, IIAVShort Insurance Associates, Ltd

Thomas WelchPast President, IIAV & DCWelch, Graham & Ogden Insurance

Dennis C. Winfree Treasurer, IIAVHorizon Insurance Services

Robert A. YergeyChairman, IIAVYergey Insurance Agency, Inc.

2010 Best Practices Agencies

Short Insurance Associates, LtdCharlottesville, VA

Towne Insurance Agency, LLCChesapeake, VA

Welch, Graham & Ogden InsuranceManassas, VA

The Ware CompanyVirginia Beach, VA

LEADERSHIP

Independent agents with premium from $500,000 to $50 million join The Iroquois Group® for market optimization and strategies to increase their revenue, profits and agency value—without giving up their independence.

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It is hard to believe that winter is here. It seems like only yesterday we were enjoying the Fall foliage. While time moves quickly, I think

oftentimes we forget that in our own agencies. We forget that it won’t be long before the principals in the agency will or should be moving aside, allowing the younger, more energetic folks to help run the agency and eventually take over.

Those young agents are currently being mentored by the wiser, more experienced agents, if you are lucky enough to have attracted a young person into the agency. In addition to the training and mentoring taking place, I would suggest that agencies encourage young agents to be involved in our association. While they will be future leaders in your agencies, they will also be future leaders of our association. Not only encourage them, but support them as well. Invest in their participation in the IIAV just as you have invested in their position in the agency. Like you, IIAV needs to be mindful of the future, preparing the way for young leaders to step up.

As many of you know, IIAV has done a great deal of work regarding certificates of insurance and there is more to come. Our technical committee has been working on legislation related to certificates. As this year’s session of the General Assembly quickly approaches, please be on the lookout for legislative alerts and take action when called upon to do so. Take the time to attend the Day on the Hill February 8th and 9th and learn more about certificates of insurance, the new Health Care Law, and so much more. I promise you won’t regret it.

In closing I have a final thought. Time moves by quickly. We are all trying to do more with less. We are all trying to do the best for our clients while trying to balance companies and our agencies. Don’t wait to become involved with IIAV. Serve on a committee, complete an online survey, and communicate with you legislators when asked. There are so many ways to be involved. Don’t be complacent; do it now, do it today. You won’t regret, it I assure you.

[email protected]

Chairman of the BoardJohn O. Watson



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Two issues of particular interest to insurance agents will be presented at the 2012 Legislative Session of the Virginia General Assembly, which convenes on

January 11: Certificates of Insurance and Health Care Reform.

Certificates of Insurance – IIAV plans to present legislation that is intended to define and clarify what a certificate is, prohibits any person from issuing or demanding the issuance of a certificate that includes false or misleading information, affirming that certificates are not insurance policies and cannot be used to alter, revise, or modify an insurance policy, codifying existing law and reflecting longstanding case law and standard business practices, and authorizing the Bureau of Insurance to enforce the Act.

Portions of IIAV’s proposal have already passed in Louisiana, Georgia, New Hampshire, Utah and North Dakota. Other portions of IIAV’s proposal come from a model law proposed by the National Council of Insurance Legislators. We are doing our very best now to fully vet our proposal and answer any questions that other businesses or industries might have. While we have – as of the writing of this article – not found any opposition to our proposal, we’re not naïve enough to think that it will have smooth sailing in the legislature.

Right now, besides a poor economy, I can think of nothing that frustrates agents more than the 3rd party demands to include coverages on certificates of insurance that are not included in the underlying policy. We can also be our worst enemies. As long as agents comply with these irresponsible requests – putting their own agencies in jeopardy – then we will continue to have this problem. Legislation will provide the tool to further bring sanity to this issue,

but legislation alone will not solve the problem.The other issue of agent concern is related to

health care reform and whether or not agent’s will be able to sell insurance both inside and outside the Exchange. While it may seem to us that an agents responsibility is to help their clients find the very best possible health care coverage for their individual and business needs, there are those who see the agent as a conflicted party that should not have the opportunity to sell insurance inside the Exchange.

Presently it appears that IIAV efforts have prevailed and that the Governor’s Advisory Council on Health Care Reform has agreed to recommend that agents be a part of the solution to helping Virginians find health care coverage. However, that is only a hard fought recommendation and has not yet made it into a legislative proposal.

Complicating the discussion on a Virginia Exchange is the question of whether or not the PPACA will be overturned by the courts or as a possible result of the 2012 federal elections. Simply put, we don’t have the luxury of sitting back and doing nothing. We must be prepared for the PPACA to move forward and ensure that agent interests and those of our clients are protected.

These and other significant issues related to insurance, our profession and businesses will be introduced in the upcoming session. I urge, plead and appeal to you to make plans now to attend the Insurance Day on the Hill – February 8-9, 2012 at the Richmond Downtown Hilton Garden Inn. If you don’t find these issues to be a compelling concern to visit with your legislators either in the House or Senate, then it’s hard to believe that they will take us seriously. Get involved – call and visit with your legislators today!

2012 Legislative Session Could be a Defining Year


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I suspect that there are very few agencies who actively try to position themselves on the Web in order for consumers to find them or their agency. In 2009, over 70% of consumers said

that they go online to research and/or purchase their personal insurance products. Do you suspect that this percentage is going to do anything but increase? In order to become a viable player in the research and purchase of these insurance products, the Independent Agency system needs to create and sustain an online persona that will allow them to effectively market to consumers the value proposition that Independent Agents can provide by combining the convenience of online shopping with the personal service of a local agent.

The Consumer-Agent Portal Task Force (CAPTF) through our national association has undertaken a project to draft a prototype of a consumer-facing web portal which will afford the Independent Agency System the ability to reach the insurance consumer to provide “best-in-class” technology and information.

What does this mean for YOU? It means creating a new way of looking

at branding and marketing our inherent strengths to the consumer of today and most especially tomorrow.

It means creating tools that will allow today’s consumer to search out an Independent Insurance Agent in a way that is driven by the consumer.

It means gaining back market share in personal lines.

It will allow agents to present themselves as strong competitors to existing “on-line” insurance options.

The CAP model will be developed as a web portal that will give Independent Agents the ability to leverage new and dynamic online identities. The portal will help agents establish effective product

and service roadmaps and destinations, and will create a dominant web presence that will attract new customers for Independent Agents. By creating a web portal that allows customers to directly research their needs and send them directly to your agency, it will:

Drive traffic Increase revenues by providing qualified

“check in hand” leads Help Independent Agents retain current

customers Provide the new level of customer service that

consumers are starting to demand from their companies.

Going forward, the CAP model will further uncover innovation opportunities and provide guidance on implementation of the most effective enhancements that will provide the greatest impact for agency customers, partners or employees. The model will leverage existing web sites, web applications, including a rating engine, and other web-based architecture for related technology and information. The CAP will seek out the “best-in-class” applications, programs, and capabilities to create a complete package of tools and resources to meet the portal objectives.

If you question the effort our national association is putting into this effort, I urge you to spend one hour at your local high school, community college or university and watch the students. One hour only. These are the future customers of your agency – the homeowners, auto insurance purchasers, business and industry leaders of tomorrow and they’re ALL connected to the web – some it would appear constantly. If they can’t find you when they’re looking for you, how do you hope to gain their trust and business?

Stay tuned for more developments on this project that has active participation from many of our company partners. You won’t want to be left behind.

State National DirectorJames P. Bradner [email protected]

Do your prospects think of you specifically when looking for insurance on the WEB?


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The Independent Insurance Agents & Brokers of America (IIABA or the Big “I”) recently announced the release of its 2011 Best Practices Study which found that organic

growth improved, albeit modestly, and profitability held constant across most of the study’s six revenue groups.

“The results of this year’s Best Practices Study indicate good news after several years of negative growth, shrinking profit margins and declining agency values,” says Madelyn Flannagan, Big “I” vice president of agent development, research and education. “Most study participants benefitted from the growth strategies deployed over the last couple of years when the recession suddenly amplified the pressure of a prolonged soft market.”

Other findings from the 2011 Best Practices Study include:

• BigPicture:Astrongfocusontotalaccountdevelopment,increasedadvertising/marketingactivities,andproducerhiring/development/managementstrategiesgavemostagenciesacompetitiveadvantagewhentheeconomybegantoreboundin2010,andstoppedorreversedtherevenuedeclinethatfirstbecameapparentinthe2006study.Generally,thesmallerrevenue-sizedagenciesreportedflatgrowth,whilethelargercommercialagenciesreportedimprovementoverthe2010studyresults.Organicgrowthforthe$10-25milliongroupincreasedfrom0.7%to2.4%andthemorethan$25milliongroupincreasedfrom1.2%to3.3%.

• Cuttingthefat:Aswithrevenuegrowth,the

agenciesbenefittedfromstepstakenoverthelastcoupleofyearstocontrolandlowerexpenses.ProfitabilityremainedflatinallstudygroupswithanaverageProFormaEBITDAmarginof26.2%foragencieswithrevenuelessthan$5millionand20.0%foragencieswithrevenueabove$5million.Marginshaddecreasedcontinuouslysince2006whentheywereattheirhighestinthestudy’sthen13yearhistory.

• Ruleof20:Inrecentyears,theRuleof20outcomes,aquickmeasurefordeterminingwhetheranagencyiscreatingvalueforitsshareholders,havefallensignificantlyshortofthedesiredscoreof20formostofthestudygroups.The2011resultsleveledoffatanaveragescoreof13.2forthe“Lessthan$5million”agenciesandincreasedtoanaverage11.7forthe“Morethan$5million”agencies.

• RevenueperEmployee,anindustrystandardproductivitymeasure,alsoremainedflatwiththeaverageforthe“lessthan$5million”agenciesjustover$150,000andthe“morethan$5million”at$172,000.Theseaveragesaredownonlyslightlyfromtherevenueperemployeelevelsreachedpriortothestartofthesoftmarket.Theresultingdropinrevenueforcedagenciestoconcentrateonbetterutilizingnewandexistingtechnologytosupportsalesandmarketingeffortsandtocontaincosts.Asaresult,productivityremainedstable.

INDUSTRY MAY BE ON

ROADTORECOVERY

Big “i” Study SuggeStS

Best Practices Study Shows Profits Held Constant And Minor

Organic Growth Improved

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Products underwritten by AMCO Insurance Company, Allied Property & Casualty Insurance Company, Depositors Insurance Company, Nationwide Insurance Company of America, Nationwide Affinity Insurance Company of America, Nationwide Property and Casualty Insurance Company, Nationwide Mutual Fire Insurance Company and Nationwide Agribusiness Insurance Company. Home Office: 1100 Locust Street, Des Moines, Iowa 50391-2000. Customers will be placed with one of the above companies based on location and the product requested. Subject to underwriting guidelines, review and approval. Products and discounts not available to all persons in all states. Products are subject to deductibles, exclusions and conditions. Nationwide, the Nationwide framemark and On Your Side are service marks of Nationwide Mutual Insurance Company. © 2010 Nationwide Mutual Insurance Company. All rights reserved. AP01637k (0311)

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Benjamin Jones Jim Keane Territory Sales Manager Territory Sales Manager Southern VA Northern VA804-551-3518 860-808-8106 [email protected] [email protected]

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• Personallines,onceagain,hadpositivegrowthrates(anaverageof3.1%forthelessthan$5millionand3.8%forthemorethan$5million).However,groupmedicalgrewmorelastyearwithanaverageof3.0%forthelessthan$5millionandastrong4.2%forthemorethan$5million,upmorethan3%fromlastyear.

• Commerciallinescontinuedtoseenegativegrowthbutfarlessnegativethanlastyear.Manyagentssaidtheyarestartingtoseesomecommercialinsuranceratesholdattheircurrentlevels.Thiscouldindicatethatthe2012resultsareboundtoimproveprovidingtheeconomydoesn’tstallagain.

“While the 2011 results are not stellar, they do indicate that Best Practices agencies are rebounding from the devastating effects of the recession and soft market, and are poised for new growth and stronger profitability, the key components of agency value,” says Robert Rusbuldt, Big “I” president & CEO. “Overall, we are pleased, but not surprised, that the independent insurance agency system remains strong and stable.”

Every three years, the Big “I” collaborates with Reagan Consulting to select “Best Practices” firms throughout the nation for outstanding management and financial achievement in six revenue categories (less than $1,250,000; $1,250,000 to $2,500,000; $2,500,000 to $5,000,000; $5,000,000 to $10,000,000; $10,000,000 to $25,000,000; and more than $25,000,000). Agencies are nominated by either a Big “I”-affiliated state association or an insurance company and qualified based on operational excellence. Financial and benchmarking information for the participating agencies are also reviewed and updated.

The Best Practices Study was initiated by the Big “I” in 1993 as the foundation for efforts to improve agency performance and create higher valued agencies. The survey and study of leading independent

insurance agencies documents the business practices of these “best” agencies and urges others to adopt similar practices.

Twelve insurance companies and four industry vendors provide financial support for the research and development of the Best Practices study – Applied Systems, Addis Intellectual Capital, Central Insurance Cos., Chubb, EMC Insurance Companies, Encompass Insurance, Erie Insurance, Great American Insurance Group, The Hanover Insurance Group, Harleysville Insurance, Imperial PFS, InsurBanc, Kemper Preferred, Liberty Mutual Agency Corporation, MetLife Auto & Home and Zurich North America.

Founded in 1896, IIABA is the nation’s oldest and largest national association of independent insurance agents and brokers, representing a network of more than 300,000 agents, brokers and their employees nationally. Its members are businesses that offer customers a choice of policies from a variety of insurance companies. Independent agents and brokers offer all lines of insurance—property, casualty, life and health—as well as employee benefit plans and retirement products. Web address: www.independentagent.com.

Products underwritten by AMCO Insurance Company, Allied Property & Casualty Insurance Company, Depositors Insurance Company, Nationwide Insurance Company of America, Nationwide Affinity Insurance Company of America, Nationwide Property and Casualty Insurance Company, Nationwide Mutual Fire Insurance Company and Nationwide Agribusiness Insurance Company. Home Office: 1100 Locust Street, Des Moines, Iowa 50391-2000. Customers will be placed with one of the above companies based on location and the product requested. Subject to underwriting guidelines, review and approval. Products and discounts not available to all persons in all states. Products are subject to deductibles, exclusions and conditions. Nationwide, the Nationwide framemark and On Your Side are service marks of Nationwide Mutual Insurance Company. © 2010 Nationwide Mutual Insurance Company. All rights reserved. AP01637k (0311)

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Benjamin Jones Jim Keane Territory Sales Manager Territory Sales Manager Southern VA Northern VA804-551-3518 860-808-8106 [email protected] [email protected]

CHOOSE WISELY.


We encourage all agents to attend and get involved in the legislative process. DON’T MISS THIS IMPORTANT EVENT!

For more information and to register, visit www.iiav.com.Hotel room reservations need to be made before January 22, 2012 to get the discounted rate.


The heart of any brand—good or bad—is the customer’s experience with the product or service. If you give buyers a poor customer experience, that memory will eclipse even

the slickest ad campaign. On the flip side, a repeatedly positive experience will make those buyers your fans (and customers) for life, regardless of your media efforts (or lack thereof). It is for those very reasons that a Pledge of Performance is incorporated into the Trusted Choice® branding program.

Thus, the two big questions for you, the Trusted Choice® agency, are these:

1. Are you and your staff embracing the Trusted Choice® Pledge of Performance and living up to its promises?

2. Are you maximizing the Pledge’s power as a marketing tool?

It is vital for all Trusted Choice® agencies to fully adopt the principles laid out in the Pledge of Performance. These ideals were not pulled out of a hat; they are the result of significant consumer research. For example, insurance buyers told us what is important to them: customized policies, advocacy, courtesy and respect, 24/7 service as well as choice and expertise. And we—you—can deliver on all of those things. The Pledge articulates those abilities to our customers and reminds us that these are priorities.

Most of the behaviors outlined in the Pledge regularly are observed in the majority of independent agencies anyway; most agents help clients identify the right products, explain coverages, solve problems, and shop around for the right product and price. You depend on both experience and continuing education to succeed. And we are courteous, ethical and prompt in our business dealings. Even the commitment to 24/7, which gave many agents pause when Trusted Choice® first raised this issue, has been satisfied by members, primarily through e-mail response, emergency cell phone

numbers and company service centers. For those of you looking for an enhanced way to fulfill

your 24/7 commitment to customers, however, consider these tactics used by fellow Trusted Choice® agencies around the country:

• An agency in Maine rotates the “on-call” CSR, who takes home the laptop with full client data. The agent says the staff doesn’t get many 3 a.m. calls, but customers love that the access is there.

• An agency in Georgia offers a variety of services from its website: online commercial client certificates, emergency phone numbers for claims reporting and post-event clean-up, and links to company sites for billing inquiries.

• An Oklahoma agency offers online quotes for auto, life, home and business policies, as well as online claims submission.

• One Florida agency offers certificate requests and policy change requests from its website, as well as online quote requests and frequently-asked-questions.

Agents also are being creative in how they use Trusted Choice® as a marketing tool. Beyond merely including a Trusted Choice® logo on their promotional items, these agencies are promoting the value of the Pledge of Performance itself:

• The chairman of a multi-branch agency in Indiana wrote an open letter to his clients, which he posted on the agency’s website. The letter highlights the benefits for customers of using a Trusted Choice® agency—“namely choice, customization and advocacy.” The letter also provides a click to the full Pledge.

• A New Hampshire agency announces on its website that, as a Trusted Choice® agency, it has “committed to a Pledge of Performance that promises customers quality customer service, competitive pricing, a broad range of programs and unparalleled advocacy.”

TheValueoftheTrustedChoice®Pledge



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• An agent in Florida uses the Pledge in proposals as another means of differentiating his agency from the competition.

• An Idaho agency adapts the Pledge for 60-second radio ads with the agency owner as narrator.

• Several agencies include the Pledge in various mailers to customers.

• An agent in Washington state used bullet points from the Pledge to create a series of print ads for his agency.

Other ideas on how to make the Pledge of Performance more meaningful for you, your employees and your customers:

• Hold a “Pledge of Performance summit” with key leaders in the agency to go over ways in which the firm can live up to the Pledge.

• Discuss a different bullet from the Pledge during your weekly or monthly staff meetings, so that your employees will be fully invested in these performance criteria.

• Use the Pledge as the basis for your customer survey questionnaires.

To help member agencies better communicate their membership in the branding movement, Trusted Choice® has partnered with two national vendors. One is The Mines Press, which has a long and valued history with the Big “I.” Mines Press can create a variety of items with your agency information and the Trusted Choice® logo, including stationery, calendars, ID holders and mailers. Visit www.MinesPress.com or call (800) 447-6788. The second is API, which carries a wide selection of Trusted Choice® logo items, gifts and apparel. API can be reached at (800) 507-7007 or www.apisource.com.

However you decide to promote your membership in Trusted Choice®, remember to review the Trusted Choice® logo usage rules to ensure you are using the brand identity correctly. You can download these rules at the Logos/Pledge area of www.TrustedChoice.com/agents.

Remember, the Trusted Choice® Pledge of Performance is at the heart of our brand. It is meaningful to your customers, so it should be meaningful to you. Live it, embrace it, promote it.

Go to www.TrustedChoice.com/agents for more branding tips.


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If your company advertises its products or services via fax marketing, beware: an odd federal law presents a costly trap for the unwary. And national class action counsel are springing the trap by filing stacks of

nationwide class actions against such companies.TheTelephoneConsumerProtectionActof1991

(amendedbytheJunkFaxPreventionActof2005)generallyprohibitsthesendingofunsolicitedfaxes(the“TCPA”).The TCPA allows the recipient of an unsolicited fax to seek damages in state or federal court from $500 per fax up to $1500 per fax if the sending of the fax willfully violated the law. In some cases, unsolicited fax recipients also have sought damages for conversion of their property (paper, toner, etc.) and for violations of state consumer protection laws.

Theessentially-strictliabilitynatureoftheTCPA, coupled with the fact that rarely are such faxes sent only to a single recipient, has created a cottage industry for enterprising class action counsel. Thousands of such actions are pending in state and federal courts around the country.

Damagesintheseclassactionscanbesubstantialandmaynotbecoveredbyinsurance. In one recent case, where the defendant produced fax call lists that indicated it sent 7,725 unsolicited faxes, the court simply multiplied that number by $500 for a summary judgment of $3,862,500 to the class. See Hinman v. M&M Rental Center, Inc., 596 F.Supp.2d 1152 (N.D. Ill. 2009). Coverage for TCPA claims often is specifically excluded in commercial liability policies.

CompaniesthatintendtoadvertisebyfacsimilemustensuretheyfollowtherulesandregulationsoftheFederalCommunicationsCommission. Such companies are typically legitimate businesses, such as small manufacturers, providers of services or sellers of consumer goods, and not the “penny stock investment” advisors and “discount vacation getaway” companies for which the TCPA was intended.

Toavoidbeingavictimofclassactionlawyers, a company advertising by fax must have evidence of consent from a fax recipient, or an existing (narrowly defined) business relationship with the recipient. Further, companies must include a very precise notice on the first page of the fax indicating specific methods by which the recipient may opt-out of receiving future faxes and must have obtained the fax number from certain legitimate sources. For assistance in determining whether a fax, text, or telephone advertisement campaign complies with federal and state law, companies are advised to seek the advice of telecommunications counsel.

Eric Schwalb and Charlie Zdebski are Members of the Washington, DC office of Eckert Seamans Cherin and Mellott, LLC. Their legal practice includes complex litigation in various areas of commercial and telecommunications law. They do not advertise their services via fax, but can be reached at [email protected] and [email protected], respectively.

By Eric Schwalb & Charlie Zdebski

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$The valuation of property causes substantial problems in the context of potential insurance agent errors and omissions (E&O) claims. Valuation claims can arise in all types of

situations. They can occur on a large scale when an agent is obtaining a policy for a commercial account with multi-million dollar buildings at issue. They can also occur on a much smaller scale as well, especially in a financial climate where property values may be dropping, costs of replacement may be rising, and property owners are motivated to take out “bare bones” insurance coverage. Policyholders may have a cynical view of their agents’ attempts to increase limits as a way to increase premium, as opposed to a means to protect their assets in the event of a large loss. Until, of course, a loss occurs. Consider the multitude of claims following every natural catastrophe that are brought against insurance agents once homeowners or small business owners realize that they may not get enough insurance proceeds to rebuild their homes or businesses.

So what can an insurance agent do to avoid potential E&O claims for undervaluing property? Most importantly you should be wary of the potential for professional liability claims related to valuation. Know that there is no simple formula that will keep you out of trouble. Professional duties can arise in many different contexts: if you undertake the task of determining the value of the property, you have a duty to do it well; if you have a “special relationship” with a client, you may be held to higher standard of care such that it may be reasonable for the client to rely on you for property value determinations; if you advise a client they are “covered”, a later claim of misrepresentation may arise if they suffer a loss and have insufficient limits to cover it.

There is no easy answer – but we suggest this simple reminder to help avoid potential claims regarding incorrect valuations of property: the Four D’s: determine, deflect, develop and document.

1. Determine: Consider from the outset the method of determining the value. If you will be using valuation software, then make sure to understand the software well. The valuation obtained will only be as good as the information you provide. Take courses to understand the computerized valuation process. Use comparables, when available, in conjunction with any computerized program you use. If valuation is not your forte, do not undertake the process, instead be sure your client is aware that you are relying on him/her to complete the valuation.

IssueswithpropertyvaluationsBy Anne Payne, J.D., Assistant Vice President, Claims and Liabilities, Swiss Re Corporate Solutions

With tornados, wildfires, floods, and earthquakes, the losses from catastrophes in the first half of 2011 were record setting. With catastrophe losses comes exposure to potential E&O claims against agents for uncovered losses. The allegations of failure to offer coverage and proper limits are common and the determination of property values is a major issue. The Big “I” Virtual University has some good articles on the topic of undervalued property at www.iiaba.net/VU. Also check out www.iiaba.net/EO for a free webinar recording entitled “Avoiding E&O Claims from Catastrophe” which touches on setting limits.

MoreOnPropertyValuationIssues:

What’sitworth?


2. Deflect: Use other reliable resources. If your client has a good understanding of the value of his or her property, and what it would cost to replace it, then by all means, have the client provide the valuation. Sometimes the carrier can be of assistance. If you are not sure that the client’s estimates or your own numbers make sense, consider using an independent property appraiser. Consider using an “agreed value” for the property so that any co-insurance problem can be avoided. Utilize all possible endorsements that are available to extend coverage, such as blanket coverage for commercial property, increased cost of construction or code upgrade coverage, coverage for betterments and improvements, and endorsements for off premises power failures in the event of a disaster.

3. Develop: Develop procedures within your agency on how to deal with property valuation. By creating a system that is documented and consistently followed, you have a better chance of successfully defending a claim that you failed to properly value property. For certain risks, checklists may be helpful. Ensure that it is your standard process to routinely advise clients in writing to review the value of their property. Have available a written explanation of how co-insurance may be applied to reduce a loss payment to review with your clients. Make it routine to put a copy of any request to review values, or written explanation of co-insurance, in the client’s file.

4. DOCUMENT: The success in defending any E&O claim rests on the existence and quality of the documentation in your file. This is very true regarding issues of property valuation. Document various proposals and especially the client’s declination to take out coverage for a certain limit. Be sure to document that discussions of valuation were held, how the valuation was determined, and the client’s agreement on the value. Document any changes to limits so that the file reflects why the change was made and that it was discussed with your client. Keep any supporting documentation in the file as well. Just remember that since there are numerous ways

to make mistakes when valuing property, agents must undertake property valuations with as much care as possible.

Reprinted with permission from the October 2011 IA Magazine. All Rights Reserved.

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ales and ervicing trategies

Recent consumer studies provide several insights that can be helpful to independent agencies to attract new personal lines business, as well as to retain current clients. In my article last month,

I cited some of the findings in these studies to outline how independent agents can use the technology tools now available to them to attract online auto insurance shop-pers and offer them a better value proposition than the direct carriers1. Below, I drill down further into the com-Score and J.D. Power & Associates research2 to ferret out additional trends in automobile and property insurance consumer preferences and behavior that independent agencies can use to gain competitive advantage.

ConsumerReasonsforBuyingDirectorThroughanAgent

What struck me about the comScore research was that the reasons given by most consumers for buying from an online carrier rather than through an agent were

not very compelling and could be effectively overcome by agencies if they were to use available online tools and were able to get across their “value add” message to consumers while they are in the shopping process3. The top five reasons given by consumers for not using a local agent were:

• I found it more convenient to use a website or 24 hour toll free number—29%

• It was faster to purchase online or via a toll free number—28%

• I got a quote online and decided to purchase online—26%

• I prefer to use a website or toll free number—20%• It was cheaper to purchase online or via a toll free

number—20%.4

In contrast, the top reason given by consumers who buy through an agent would be difficult for the direct carri-ers to match:

By Jeff Yates

Recent research offers invaluable insights about what drives personal lines consumers to choose particular providers for insurance, what’s important to them in making their decisions and how they want their insurance providers to interact with them. This article pulls relevant consumer data from five different studies and then outlines how independent agencies might use this data to enhance their personal lines operations and strategies to attract and retain today’s changing consumer and compete effectively with the direct carriers and others.

to Grow Your Agency’s Business


• I like having a real person who I can visit with or call—39%.

Followed by:• I have always used a local agent—31%• The local agent quoted me the best price—28%• I wanted a local agent from one company to help

me with all my insurance needs—25%• Recommended by a family/friend—23%.5

Based upon this research, as well as comScore’s addition-al finding that 81% of the con-sumers who use an agent find

their agent to be valuable,6 it is no wonder consumers insuring through an agent are

more loyal than consumers who use a direct carrier (70% of online purchasers are seriously considering changing their insurance company, compared to 50% of those with a local agent7).

While most agency clients value the relationship they have with their agent, their loyalty goes only so far. Client shopping has hit unprecedented levels, even for agency clients, as every independent agent knows. In addition, as consumers get more comfortable doing business online in other areas, they are increasingly willing to try new distribution methods for insurance as well. For example, in 2011, the percentage of agency clients “not likely” to consider using a distribution method other than a local agent (online, toll free number) was down to 25% (versus being “likely” or “neutral”); the “not likely” percentage hav-ing been 34% in 2009.8

CommunicatePro-actively&RegularlywithClientsA major way for agents to keep clients loyal to them

is to communicate with them regularly. When agents interact with their clients often (monthly) or even rarely (a few times a year), the percentage of clients “not likely” to consider an alternate distribution method rises to 26-27%, whereas if the agent never contacts the client, the percentage “not likely” to consider another distribution method drops to 17%.9

Similarly, J.D. Power & Associates found in its re-search that day to day policy service interactions “most in-fluence a customer’s overall satisfaction with their insurer, and hence their likelihood to both renew their policy and recommend their insurer to others.10 One would expect this finding to apply equally to the client’s satisfaction with the agent.

Agencies should use each pro-active outreach to cli-ents and each service interaction to communicate and live the agency’s “brand” to reinforce it with their clients. Every

agency employee should be trained to clearly articulate the agency’s special “value add” succinctly and to under-stand what “living” the brand entails.

Agencies will strengthen their client relationships in this way, as well as counter the direct carriers’ efforts to neutralize the agent’s value proposition. The direct carri-ers understand that many consumers want to deal with a real person in certain situations. This is why GEICO has appointed employee agents in various areas and Esur-ance has introduced an advertising campaign touting the availability of a person when wanted to supplement the online options it offers.

OffertheCommunicationsOptionsClientsWantOne of the major findings of the research is that

clients are now in the driver’s seat and they increasingly expect their agent and carrier to be able to interact with them via the channels they use in everyday life.11 We have seen that this means that direct carriers offer some option for consumers to deal with a “real person.” For agencies, it means supplementing their personal client interactions via phone and in person with increasingly robust online options including email, website portals and social media.

Most agency clients still want to talk with the agent when the issue involves counseling, such as policy coverage, obtaining a quote, adding or changing driv-ers or cars, price changes and billing inquiries. However, there are certain routine transactions where most agency customers’ first preference would be do to do them online such as to make a payment (45% online vs. 31% talk with agency), update contact information (43% online vs. 36% talk with agency), order insurance cards (41% online vs. 37% talk with agency); and with verify payment receipt, agency customers’ top two preferences do not even include talking with the agency (33% online vs. 30% by email). 12

It is important for technology providers, carriers and agencies to work together to respond to these changing client preferences by developing agency website por-tals that provide customers with these online servicing capabilities. Enabling clients to make payments to the company through the agency portal should be the first pri-ority, given that online payments constitute 44% of overall consumer online servicing visits.13

As agencies increasingly offer online quoting and make sales by phone, it is also time for them to begin to offer their clients the convenience of using e-signature tools for required applications and other signed docu-ments. Currently, 87% of all online auto insurance pur-chasers using other distribution systems have been able to sign all required documents electronically.14


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GrowingAgencyClientInterestinOtherOnlineCom-munications

Email is second only to calling as agency clients’ pre-ferred method of contact to the agency, beating out visits to the office. 77% of agency customers send or receive emails with the agency. As might be expected, greater percentages of younger clients (18-34 years) use email as their first method of contact with the agency.15

While the trend to use social media for business pur-poses is still emerging, 20% of 18 to 24 year olds would have an interest in interacting with their agents via a social media outlet like Facebook or Twitter. This level of interest contrasts with that of agency clients overall, where 86% express not being interested in interacting with their agents in a social media context.16 One wonders, however, if this overall interest level will change when consumers start to use social media more regularly in their daily lives and begin to see how valuable consumer information can be conveyed to them by their providers.

Another emerging trend is for consumers to use their mobile devices to access business accounts. As of 2011, 12% of consumers with the mobile capability to do so have accessed an insurance site via their mobile browser, while 10% accessed an insurance site via an app. Only 9% of insurance consumers have used text messaging to com-municate regarding their insurance.

With regard to those who have used a mobile device for their insurance, the top functions used in descending order have been to pay a bill, access the insurance policy, text or chat with an agent, find the nearest insurance agent or office, update personal information, find useful tips or tools, find the agent’s contact info, receive an insurance quote, change coverage, limits or deductibles, receive poli-cy alerts, track a current claim, and report an accident.17

AdditionalStrategiestoGrowPersonalLinesThe consumer research points to additional ways in

which independent agents can attract online shoppers and take business from the direct carriers. Consider these pos-sibilities:1. Sell convenience as part of your agency’s value

proposition. As discussed above, most of the shop-pers that buy from a direct carrier do so because they believe the online approach is more convenient, when in fact independent agents can shop multiple carriers and take care of servicing needs with a simple phone call or comparative rating portal, along with providing professional guidance at the same time.

2. Bundle auto insurance with a quality property insur-ance product and provide the discount. Many direct carriers cannot offer consumers comparable property


products. Also, 25% of non-bundling consumers said they did not even think about using the same compa-ny for multiple policies. In addition, 52% of non-bun-dlers said they would consider switching to the same company if they received a bundling discount.18

3. Sell renters insurance. 27% of consumers rent rather than buy a home and that percentage is likely to rise in the aftermath of this tough economy. Many renters are currently uninsured, since they represent only 14% of those with property insurance.19

4. Understand that buying a new or used car triggers a lot of shopping by consumers. Next to looking for a lower price, buying a new or used vehicle is the most common reason for shopping and 33% of vehicle purchasers shopped their insurance and chose a new insurer. 53% of these shoppers who switched carriers were agency customers (and may or may not have stayed with the agent).20

5. Offer clients the option for pay as you drive insurance, if you have it available. Of the 25% of consumers who have heard of this type of insurance, 55% said they would “definitely” or “probably” be interested in purchasing it.21

6. Point out the coverage enhancements and optional coverages that your various carriers offer and ascer-tain which are most important to your clients. This re-inforces the benefits of having a professional advisor in your client’s mind and debunks the myth conveyed in most direct carrier advertising that personal lines policies are commodities, where only price and con-venience matters.

CreatingaStrongOnlinePresence

The consumer research discussed above provides valuable guidance on how independent agencies can reshape and refocus their personal lines operations to respond to changing customer expectations and prefer-ences.

The challenge remains, of course, that the indepen-dent agency has to be able to get the attention of the increasingly online consumer as a first step, in order to convey its value proposition and the better experience it can provide. I believe independent agents finally have the technology tools available to them to create a strong online presence, particularly in their local communities, along with the needed tools to process personal lines business very efficiently.

As I discussed in last month’s article, implementing Real Time, download and going “paperless” can greatly enhance the agency’s efficiency and operations. These technology tools create the time needed for agency

employees to reach out to clients to bolster relationships, protect renewals, cross sell and attract new prospects. Finally, agencies now have the tools available to enhance online marketing and service—more effective websites, agent portals for consumers to obtain online comparative rates, free local search and social media sites. Editor’s Note: See “The Independent Agents’ Opportunity to Take Back Personal Lines” on page 21. For numerous articles and recorded webinars on how agents can build effective websites, take advantage of local search tools and use social media, once again go to ACT’s website and click on “Websites & Social Media” in the gray shaded area on the left of the page. See also www.getrealtime.org for resources on how Real Time & Download can help you write business more efficiently.

Jeff Yates is Executive Director of the Agents Council for Technology (ACT) which is part of the Independent Insur-ance Agents & Brokers of America. Jeff can be reached at [email protected]. ACT’s website is www.iiaba.net/act. This article reflects the views of the author and should not be construed as an official statement by ACT.

1 “The Independent Agents’ Opportunity to Take Back Personal Lines,” www.iiaba.net/act . The article outlines how independent agents can give consumers a more efficient shopping experience than the direct carriers, where they can get quotes from multiple carriers in one stop. And independent agents can offer prospects the value add of personalized professional counsel and debunk the myth reinforced by massive advertising campaigns that auto insurance is a commodity and that the coverage and limits bought are not important.

2 comScore 2011 Auto Insurance Shopping Report (May 2011) & 2011 Auto Insurance Servicing Report (May 2011); comScore 2010 Online Property Insurance Report (November 2010); J.D. Power & Associ-ates 2011 U.S. Insurance Shopping Study (May 2011); J.D. Power & Associates 2011 National Auto Insurance Study, Management Discussion (June 2011).

3 See “The independent Agents’ Opportunity to Take Back Personal Lines” for more details on how agents might do this. www.iiaba.net/act

4 comScore 2011 Auto Insurance Shopping Report, p. 46.5 Op. cit., p. 43. 6 comScore 2011 Auto Insurance Servicing Report, p. 7.7 comScore 2011 Auto Insurance Shopping Report, p. 7-8.8 comScore 2011 Auto Insurance Shopping Report, pp. 44-45.9 comScore 2011 Auto Insurance Servicing Report, p. 12.10 J.D. Power & Associates 2011 National Auto Insurance Study, p. 1.11 J.D. Power & Associates 2011 National Auto Insurance Study, p. 4.12 Op. cit., p. 3.13 comScore 2011 Auto Insurance Servicing Report, p. 35.14 Op. cit., p. 13.15 Op. cit., pp. 8 & 35.16 Op. cit., p. 9.17 Op. cit., pp. 33-34.18 comScore 2010 Online Property Insurance Report, pp. 7 & 21.19 Op. cit., pp. 4 & 12.20 comScore 2011 Auto Insurance Shopping Report, p. 12.21 Op. cit., pp. 39-40.


A little about who Point Nationwide is: Point Nationwide is one of the largest buyers of office products in the US with over $2 billion dollars a year in purchasing power. Just

like IIAV, Point Nationwide is made up of a network of Independent Dealers, just like you! Point Nationwide dealers are focused on servicing the office supply needs of National Account customers across the US but with a single electronic platform ensuring consistency in pricing and product offering, yet customized to meet your business needs.

Point Nationwide, a certified Small Business, offers consistency across your enterprise along with the personal service of doing business with a local dealer in your backyard! In this tough economy, this also helps to keep more revenue in your own local economic base – spending with you and other local merchants!

IIAV is proud to endorse this new national relationship. We encourage you, our Independent Agents, to allow the Point Nationwide dealer to come, sit down and tell you their story. You probably already know who they are!

We’ll be rolling out this new program across Virginia around

October 15th and you will be asked to provide some basic information about your agency along with a point of contact so your local Point Nationwide dealer can contact you directly. Please respond to the request for information and I know that you will give them the time to discuss how we can all be successful together.

For more information, please visit www.iiav.com. Under member services, seek the non-insurance products and open Point Nationwide. Or simply call Danny Mitchell, IIAV Vice President Business Development at 800-288-4428 or [email protected].

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By Robert N. Bradshaw, Jr, MAMIIAV President & CEO ?– To Exchange or not to exchange?

Health Care Reform

?In August of 2010, Governor Robert F. McDonnell appointed 24 political, health system, civic and business leaders to the Virginia Health Reform Initiative (VHRI)

Advisory Council, with these words:“Every Virginian needs access to affordable

health care. The challenge is how to provide that access in an economically responsible manner. The recommendations of the Council will help create an improved health system that is an economic driver for Virginia while allowing for more effective and efficient delivery of high quality health care at lower cost.”

The VHRI Advisory Council is chaired and led by Secretary of Health and Human Resources, Dr. William Hazel. The Advisory Council was asked to develop recommendations about implementing health reform in Virginia, and to seek innovative solutions that meet the needs of Virginia’s citizens and its government in 2011 and beyond.

In addition to the Advisory Council, six task forces were created to focus on six strategic areas: Medicaid Reform, Capacity, Service Delivery and Payment Reform, Technology, Insurance Reform, and Purchaser Perspectives.

These task forces also increased the number of consumer stakeholders available to provide input to health reform initiatives.

At the December, 2010 meeting of the Virginia Health Reform Initiative Advisory

Council, there were two recommendations made regarding the planning for a Health Benefit Exchange. The first recommendation provided the intent to create a Virginia Exchange rather than default to the federal government:

Virginia should create and operate its own health benefits exchange to preserve and enhance competition. We suggest the Governor and legislature work together to create a process to work through the various issues in detail, with broad stakeholder input, in time for implementation to satisfy the timing requirements of the federal law.

The second recommendation provided some basic principles to be part of any Exchange design:

Whatever form the Virginia Health Benefit Exchange (HBE) ultimately takes, there is broad agreement about what the HBE should achieve in practice, about what would be considered a successful HBE, and therefore what the Secretary, Legislature and Governor should keep in mind:


1. Provide employers with an opportunity to be successful financially while providing health insurance to their workers

2. Provide a marketplace that works well for those without insurance today

3. Provide a marketplace that facilitates the transformation of the delivery system to produce more value per dollar spent, by focusing on quality and transparency

4. Transparency in all things should promote choice, stability and innovation

5. The HBE must address the cost of health care and the competitive disadvantage that small firms, and ultimately all United States firms, labor under now. We should not miss an opportunity to explore how the HBE can help on the cost front.

6. The HBE should help educate employees and employers through a user-friendly website

7. Individuals and employees should be engaged in their own care as well as in regular wellness and prevention activities

8. A goal of the exchange should be to maximize choice, innovation, the number of competing qualified health plans and effective competition with transparency regarding cost and quality in driving consumer decision making.

9. Long term care insurance should be included in the exchange.

10. Above all: remember to keep it simple, so that employers and average citizens can understand how to use and benefit from the HBE marketplace.

It is the clear sense of the Task Force and of the full Advisory Council that insurance agents, brokers, and consultants play extremely important roles in educating employers and consumers about health insurance options today, and that therefore they should play important roles in all health insurance markets in the Commonwealth in the future.

The VHRI Advisory Council’s recommendations on the Exchange then served as a basis for House Bill 2434, which passed during the 2011 Session of the General Assembly.

The bolded information above did not get into the initial report by accident or out of the wide general consensus of the Advisory Council. IIAV member Monty Dise with Asset Protection Group was appointed by the Governor to be part of the Advisory Council – and the only member to serve on two task forces: Insurance Reform and Purchaser Perspectives.

IIAV and Monty Dise worked concertedly with the Virginia Association of Health Underwriters to support the interests of the consumer and the independent insurance agent throughout the process of Task Force and Advisory Council meetings.

And there were many groups completely and vocally opposed to agent participation in this process and even on the behalf of the consumer when and if the Exchange is ever initiated. One of the most vocal of these groups was the Virginia Poverty Law Center who objected to health insurance company and agent participation throughout this process – so much so that when it was clear that many of their positions were not going to be included in the VHRI final report, that they wrote an appeal directly to the Secretary of Health and Human Services in Washington.

At the writing of this article we don’t know for sure what the final report from the VHRI to the Governor is going to look like. Nor do we know how or if the administration will seek to introduce legislation for a Virginia Health Benefit Exchange for the upcoming 2012 General Assembly. The VHRI will apparently make a report not only to the Governor but to members of the Senate and House Commerce and Labor Committees. It is expected that one of the legislators on one of these committees may introduce legislation that will include the recommendations of the VHRI toward building a Virginia Exchange.



No matter where you stand on health care reform, I suspect everyone will agree that SOMETHING must be done about the ever increasing costs of health care. The dramatic increases are simply not sustainable. Throughout this process IIAV has worn two hats: The first hat is of course to represent independent insurance agents who sell health insurance, and communicate our ability to assist in the solution of this problem. The second hat is to represent small business interests and try to ensure that whatever is going to come out of the Health Benefit Exchange discussions will have a positive effect on cost.

Toward the end of this process I believe it was notable, as described by Secretary of Health and Human Services Dr. Bill Hazel, that the Governor asked him….if we didn’t have to build an exchange, would we do so?

Virginia does not exactly have the luxury of answering that question until 9 individuals in Washington DC rule one way or another on the legality of the Patient Protection and Affordable Care Act (PPACA). I for one hope and pray that they will rule on this question in 2012. Clearly we don’t want the Federal government coming into Virginia with a Federally mandated exchange. But even with all of the work performed by the VHRI it makes you wonder if costs can be contained through this process.

It is also notable that two major portions of the PPACA have now been dropped – the first was the imposition of 1099 filing requirements by small businesses for ANY entity that receives over $600 in the year. The second element of the PPACA that appears to now have been dropped was the CLASS Act – the Community Living Assistance Services and Supports program. The administration was charged by law to certify that CLASS would remain financially solvent for 75 years before it could be put into place. After months of insisting that it could be fixed, Health and Human Services Secretary Kathleen Sebelius finally acknowledged that she didn’t see how. “Despite our best analytical efforts, I do not see a viable path forward for CLASS implementation at this time,” the secretary told congressional leaders.

It will take nine justices – unfortunately not analytical efforts – to determine the future of PPACA. In the meantime, IIAV will continue to work to represent the interests of not only the independent insurance agent but all businesses that have a value proposition in this health care debate.

U N C O M M O N

King Arthur and THE KNIGHTSOF THE ROUND TABLE shared oneextraordinary quality in common:

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I believe that the great NFL Hall of Fame coach, Vince Lombardi, had it right when he said, “The quality of a person’s life is in direct proportion to their commitment to excellence, regardless of their chosen

field of endeavor.” Do you agree with Coach Lombardi, or are you the type of person who has difficulty staying focused and keeping commitments? Do you allow the negative influences of fear, anxiety, self-doubt and worry to dominate your thinking and sabotage your results?

Sadly, most people fail to achieve their goals, not because they’re lazy or lack self-motivation, but because they were never “fully committed” to succeed! I can’t think of a single great achievement that has ever been attained without first a plan of action and then an unshakable commitment to its accomplishment.

Walt Disney was arguably one of the most creative dreamers and determined men of the twentieth century. Walt understood the power of commitment and would frequently tell those around him, “When you believe in a thing, believe in it all the way, implicitly and unquestionably.”

The ancient Greek warriors were both feared and respected by their enemies. In battle, the Greeks established a well-deserved reputation for their unsurpassed bravery and unshakable commitment to victory. The key to their overwhelming success on the battlefield had far more to do with how the Greek commanders motivated the warriors than it did with issues of tactics or training. The Greeks were master motivators who understood how to use a “dramatic demonstration” to infuse a spirit of commitment into the heart of every warrior.

Once the warriors had been offloaded from their boats onto their enemy’s shore, the Greek commanders would shout out their first order, “burn the boats!” The sight of burning boats removed any notion of retreat from their hearts and any thoughts of surrender from their heads. Imagine the tremendous psychological impact on the soldiers as they watched their boats being set to the torch.

As the boats turned to ash and slipped quietly out of sight into the water, each man understood there was no turning back and the only way home was through victory.

In your sales career your battles are not fought with weapons on foreign shores, but within the confines of your own mind. A truly committed salesperson does not have the luxury or the time for the self-indulgence of negative thinking.

The true underlying motivation for all success is a deep and unwavering commitment to the task at hand. The sales profession is a demanding and challenging career, but it is also personally rewarding and financially lucrative for those who are fully committed to becoming successful. If you are being pushed around mentally by thoughts of fear, anxiety, self-doubt and worry, it’s time to “burn your boat” and become fully committed to your sales career!

“Until one is committed, there is hesitancy, the chance to draw back, always ineffectiveness. Concerning all acts of initiative and creation, there is one elementary truth the ignorance of which kills countless ideas and splendid plans: that the moment one definitely commits oneself, then Providence moves too. All sorts of things occur to help one that would never otherwise have occurred. A whole stream of events issues from the decision, raising in one’s favor all manner of unforeseen incidents, meetings and material assistance which no man could have dreamed would have come his way. Whatever you can do or dream you can, begin it. Boldness has genius, power and magic in it. Begin it now.”

- Johann Wolfgang von Goethe

John Boe presents a wide variety of motivational and sales-oriented keynotes and seminar programs for sales meetings and conventions. John is a nationally recognized sales trainer and business motivational speaker with an impeccable track record in the meeting industry. To have John speak at your next event, visit www.johnboe.com or call 937-299-9001. Free Newsletter available on website.

By John Boe ! Burn Your Boat


What is Cybercrime?

Like traditional crime, cybercrime covers a broad scope of criminal activity and can occur anytime and anyplace. What makes it different is

that the crime is committed using a computer and the Internet. You may recognize some of its most common forms such as identity theft, computer viruses and phishing, and at a corporate level, computer hacking of customer databases.

Most people are aware of these and protect themselves and their PCs with anti-spyware and anti-virus software such as Norton or McAfee programs. As an agency owner, you should be alert to the fact that cybercrime is becoming more and more sophisticated and not only targets consumers and large corpo-rations, but small to medium sized businesses as well. Single programs against these intrusions are not enough.

An alarming cybercrime now affecting small to medium sized businesses is “corporate account take over.” This involves cyber criminals penetrating the computer network of a business and spreading malicious software, such as a “keylogger” which records the words typed, Web browsing history, passwords and other private information. This in turn allows them access to programs using your log-in credentials.

If they steal your password and breach your online banking system, the cyber criminal can begin an online session to initiate funds transfers, by ACH or wire transfer, to their accomplices. The accomplices withdraw the money almost immediately.

Simple Security Steps

By Danielle Johnson

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Take the first steps to prevent fraud at your agency – become aware of the latest cybercrimes and how they can access a business’s computer network. An agency should also employ the most up-to-date online security practices on a pro-active basis.

Agencies can also take the opportunity to present these online security practices to their clients, as many are also instituting internet-based online programs at their businesses.

OnlineSecurityPracticesWhile no tools or automated software is 100% ef-

fective, the best solutions to protect your agency are to be well informed and use common sense. Using a mul-tiple vendor, multi-layer approach to system design can significantly reduce your chances of being a victim of cybercrime. To assess the risks associated with a cyber intrusion of your agency’s online systems and critical client data, ask yourself the following questions:

• Does your agency have a hardware based firewall at the network level?

• Does the network firewall include anti-virus, anti-spyware and anti-spam services along with content filtering and intrusion prevention, detec-tion and real-time reporting?

• At the individual PC level, does each computer have centrally updated and monitored anti-virus, anti-spyware and anti-spam software loaded?

• Are your computers set up to automatically update your operating system and applications for the lat-est available security and critical updates?

• Do you consider your browser security setting to determine how much or how little information the browser can accept from, or transmit to, a web-site?

• Does your agency have a security policy in place that includes such policies as disaster recovery, use/storage of passwords, use of social media on work computers, etc.?

• Does your agency back-up critical files in case of an issue that disables your systems?

• Has your agency identified an individual to review security policies and practices on an ongoing basis?

• Are you aware of the laws governing the protec-tion of personal information in your state?

• Do you have cybercrime insurance to protect your data and liability exposure in the event of an intru-sion?

• Does your agency have a training program to edu-

cate employees on best practices to avoid becom-ing a victim?

• Does your online banking system provide multiple layers of security tools to prevent intrusions into the system such as token-based authentication? Agency principals should consider the types of transactions they conduct within online banking and check with their banking institution for avail-able security enhancements.

These are just some of the basic steps an agency can implement to assess and protect itself from cybercrime. Your agency should have a network security assessment and review conducted by a certified information technolo-gy firm that specializes in network security. This evaluation will help you to identify the “next steps” in securing your network and data from unauthorized access and distribu-tion.

IfYourAgencyBecomesaVictimIf you discover, or even suspect, your agency has

fallen victim to corporate identity theft, you should proceed as follows:

• Immediately cease all online activity and contact your IT administrator.

• Remove the affected computer from the network and any other computer stations involved.

• Contact your financial institution to disable on-line access to the accounts and close affected accounts. You can then open new accounts and reset passwords.

• Consult your counsel and your state’s data breach notification law and regulations to ascertain the process you need to follow.

• Notify other business partners that may have been affected, such as your insurance carriers.

• File a report with the police department.

CommonOnlineFraudDefinitionsMalware refers to software programs designed to

damage or do other unwanted actions on a computer system. Common examples of malware include spyware, keyloggers, and HYPERLINK "http://www.techterms.com/definition/virus" viruses.

Spyware is a type of malware installed on your com-puter without your knowledge. It collects small to large pieces of personal information including Internet surfing habits. It can redirect web browser activity and change computer settings. Spyware is typically hidden from the user, and can be difficult to detect once installed without proper antispyware tools.


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Keyloggers, as with spyware, are installed on your computer without your knowledge. It is the action of track-ing (or logging) the keys struck on a keyboard, typically in a hidden manner so that the person using the keyboard is unaware that their actions are being monitored. Key-stroke logging can record the words typed, Web browsing history, passwords and other private information. This is extremely dangerous in all aspects of computer usage.

Viruses are an ever changing and constant threat to all systems. Based on their digital makeup they can deliv-er malicious content to your data and systems in an effort to either collect data, destroy data, or turn your systems into a machine that spreads the virus or other malware.

“Phishing” is the act of obtaining personal information or spreading malware using emails, calls, text messages or pop-up messages from what appear to be friends or legitimate banks, retailers, government agencies or other organizations.

All of the security tips presented here are simply guidelines to aid agencies in not becoming a target for cybercriminals. However, none can be guaranteed 100% effective.

Editor’s Note: Please also refer to ACT’s “Security & Privacy”

page for a prototype agency information security plan and

recorded webinar which will help agencies fashion their writ-

ten security plan and implement their security program. Go to

HYPERLINK "http://www.iiaba.net/act" www.iiaba.net/act and

click on “Security & Privacy” in the gray shaded area on the left

side of the page.

Danielle Johnson is the VP, Director of Information Technology

at InsurBanc, which IIABA and the W.R. Berkley Corporation

established to assist independent agencies, businesses and

consumers with their specific banking needs. Danielle prepared

this article for ACT and she can be reached at HYPERLINK

"mailto:[email protected]" technology@insurbanc.

com. This article reflects the views of the author and should not

be construed as an official statement by ACT.

We’ve all heard how important it is to have goals, yet 97% of the population doesn’t have them. If you are part of the 97%, you may want to consider becoming part of

the 3% with goals because the reality is: the 3% of the population with written goals is worth more in financial terms, than the rest of the 97% combined. For the most part, they are also a lot happier, healthier, and all around better off than the rest of the population too. The bottom line is: having goals is one of the best things you can do for your sales career and your life.

So if there is something that’s holding you back from the success enjoyed by the 3%, you’ll hopefully find that the following steps on goal setting will finally get you to do what you know you should have done long ago.

3Stepstogoalsetting:

1)Keepitsimple.Where most people get caught up is in assuming that

you need lots of goals in each area of your life along with a big, long, drawn-out plan for their achievement. They picture this huge, monumental task which will take days, perhaps even weeks or months to complete, and they are overwhelmed and stop before they even get started.

Goal setting does not have to be a long complicated process. As opposed to a complex list of daily, weekly, monthly, and annual goals in all the major areas of your life, you can simply set one or two major goals at a time in

one or two areas of your life. For example, your goals can be as simple as doing 120 percent of quota and losing 20 pounds. If even that becomes too much, pick one of the two and focus all of your energy on that one.

2)Followtheserulesforyourgoal(s):

• Make sure your goals inspire and motivate you.

• Your goals must be clear, measurable, and believable. “More cold calls” isn’t measurable. “Ten percent more cold calls” is.

• Break each goal down into small pieces. Break a goal down into monthly, weekly, and daily goals.

• Don’t just list the goal, list its ultimate benefits to you. Who will you become and how will your life change?

• The most important factor is why you are striving to achieve a goal. Come up with many strong reasons why this goal must happen.

• Take some action on your major goal(s) every day.

• Have a timeline and deadline for your goal(s).

• Envision yourself already there. “Fake it until you make it,” and imagine yourself as the person who has already achieved your goal.

Boost Your Sales and Lifeby

By John Chapin

SettingGoals


• Keep your goals in front of you. Put reminders on the bathroom mirror, bedroom mirror, refrigerator door, and other places where you will see them every day.

• Be flexible in your approach. Things won’t always go exactly as you plan. Manage roadblocks and other obstacles with optimism and an open mind. Make it a habit to turn problems into solutions.

• Reward yourself. You can reward yourself not only for reaching your goal but also for reaching milestones on the way to your goal.

3)Askthefollowingquestionsregardingyourgoal(s):

• What do you want for all areas of your life five years from now? Ten years?

• What do you want for your family and those closest to you?

• What kind of person do you want to be?

The point to remember from all we’ve discussed here is that you need to keep growing as a person and continually work on yourself and your attitude. Once you have a strong foundation in place, you’ll notice your sales ability will increase tremendously. You will also see a boost in your self-esteem and self-confidence. This is a positive Catch 22: As your attitude about yourself improves, your sales ability will increase; and as you get better at selling, your attitude about yourself will improve. Here’s to being in the top 3%.

John Chapin is an award winning speaker, sales trainer, coach, and co-author of the gold-medal winning “Sales Encyclopedia” a comprehensive how-to guide on selling. “Sales Encyclopedia” is written for sales professionals in any industry at any level of experience. Utilizing more than 21 years of sales experience and as a number one salesperson in three industries, John co-founded Complete Selling Incorporated, a company helping salespeople significantly increase their results.

If you would like free access to John’s free white paper on what it takes to be successful in sales along with a monthly newsletter, you can visit John’s website at http://www.completeselling.com For permission to reprint, or to reach John, email him at [email protected].


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