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14 INSUROR THE TENNESSEE September/October 2009 Vol. 20 No. 5 37 Your 2009 Conferees 48 E&O And Social Media Check Marks the Spot! www.insurors.org Welcome to Memphis And the Insurors 116th Annual Convention

The Tennessee Insuror Sept/Oct09

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Page 1: The Tennessee Insuror Sept/Oct09

14INSURORTHE TENNESSEE

September/October 2009 Vol. 20 No. 5 37Your 2009 Conferees

48E&O And

Social Media

Check Marks the Spot!

www.insurors.org

Welcome to Memphis And the Insurors 116th Annual Convention

Page 2: The Tennessee Insuror Sept/Oct09

2 The Tennessee Insuror

Page 3: The Tennessee Insuror Sept/Oct09

contents

INSURORS OF TENNESSEE2500 21st Avenue South, Suite 200

P.O. Box 120539Nashville, TN 37212-0539

www.insurors.org

THE TENNESSEE

INSURORVol. XX, Number 5

September/October 2009

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

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

INSURORS OFFICERSPresident .......................................................... Walt Bradshaw, J.D.Immediate Past President ... Scott Ferguson, CPCU, CIC, ARMState National Director .................................. Davis Porch, III, CICVice President, Region II and Pres. Elect ........... Tee Zerfoss, IIIVice President, Region I ............................................. Roger Smith Vice President, Region III.................................... Ed Gibbons, AAITreasurer .................................................................... Eddie Miller, IIISecretary ................................................... John McInturff, III, ARMDirector, Region I......................................... Allen Green, CIC, CFPDirector, Region I ................................................ Chris Allison, CICDirector, Region I .......................................................... Bobby SainDirector, Region II .......................... Kevin Hale, CIC, CPIA, CWCADirector, Region II ....................................................... Jimmy AlsupDirector, Region II ................................... Johnny Thompson, CICDirector, Region III ....................................................... Andy ShaferDirector, Region III ...................................................... Bob McIntireDirector, Region III ........... Steve Bryant, CIC, CPCU, LUTCF, AAI Young Agents Chairperson ....................................... Chip Hoover

ADVERTISINGDisplay advertising rates, deadlines and specifi-cations may be obtained by writing to Insurors of Tennessee, 2500 21st Avenue South, Suite 200, Nashville, TN 37212, calling 615-515-2601, e-mailing [email protected] or online at

www.insurors.org

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

as a member service.

3

features

departments

6 Our 2009 Convention Speakers

8 Our 2009 Convention Sponsors

10 Deciding on A Mortgage Company

14 Your 2009 Conferees Continuing Education Students Have Earned Top Industry Designations

37 E&O And Social Media Keep Agency E&O Concerns in Mind When Using Social Media

48 Check Marks the Spot! Utilizing Coverage Checklists and Questionnaires to Document

21 From Your President Welcome to the 116th Annual Convention

25 From Your CEO Thoughts on the Healthcare Debate

EN Exhibitor Listing

29 Education Calendar

31 Government Affairs A Look at Red Flags Rules

41 Company Briefs

53 Member Tips Get the Most From Your Time in the Exhibit Hall

4 Welcome to Memphis And the Insurors 116th Annual Convention

nsurorsTENNESSEEof

116th ANNUAL CONVENTION OCT. 24-27, 2009

memphis

Page 4: The Tennessee Insuror Sept/Oct09

4 The Tennessee Insuror

Welcome to Memphis And the Insurors 116th Annual Convention

Thank you for joining us for our 116th Annual Convention, and welcome to Memphis! Here is a look our convention schedule:

Saturday, October 24th

Opening March of the Ducks The Peabody Lobby 5:00 pmYoung Agent Welcome Dinner Charlie Vergo’s Rendezvous Ribs 6:30 pm - 9:30 pm

Sunday, October 25th

Registration Desk Open Mezzanine Level 10:00 am - 5:00 pmWorkers’ Compensation Seminar (2 ce hrs) The Peabody Grand Ballroom D+E 10:30 am - 11:30 amExhibit Hall Open The Tennessee Exhibit Hall 11:00 am - 4:30 pmExhibit Hall Walk-around lunch The Tennessee Exhibit Hall 11:30 am - 1:30 pmExhibit Hall Door Prizes The Tennessee Exhibit Hall 4:00 pm - 4:30 pmDuck March The Peabody Lobby 5:00 pmOpening Reception (cocktail attire for tonight please) The Peabody Grand Ballroom Foyer West 6:00 pm - 7:00 pmWelcome & Dinner The Peabody Grand Ballroom 7:00 pm - 8:00 pm Opening Celebration & Awards The Peabody Grand Ballroom 8:00 pm - 9:00 pmThe Blues Other Brothers Concert The Peabody Grand Ballroom 9:00 pm - 11:00 pm

WORLD-FAMOUSRENDEZVOUS

2009 SCHEDULE

COOKING SCHOOL

Welcome to Memphis And the Insurors 116th Annual Convention

DUCK MARCH

Join us in The Peabody Lobby for the world renowned March of the Ducks from The Peabody’s marble fountain.

Join the Young Agents and dine on some of the finest ribs in the

world at Charlie Vergo’s Rendezvous Ribs.

THE BLUES OTHER BROTHERSEnjoy the sounds of the 14-piece Blues Other Brothers band at our Opening Celebration in The Peabody’s luxurious Grand Ballroom.

presented by:

of Tennessee

Page 5: The Tennessee Insuror Sept/Oct09

5The Tennessee Insuror

WORLD-FAMOUSRENDEZVOUS

2009 SCHEDULEMonday, October 26th

Past Presidents Breakfast Hernando De Soto Room 7:00 am - 8:00 amRegistration Desk Open Mezzanine Level 7:30 am - 11:00 amInternet Utilization for Agency Marketing (2 ce hrs) Grand Ballroom Salon D 8:00 am - 9:45 amAvoiding the Price Driven Sale (2 ce hrs) Grand Ballroom Salon E 8:00 am - 9:45 amGeneral Session w/ Sen. Shuler & Sen. Tanner Grand Ballroom Salon A, B+C 10:00 am - 11:30 amGolf Tournament (pre-paid players only) Chickasaw Country Club 12:30 am - 6:00 pmCooking School (pre-paid participants only) Viking Cooking Classroom 1:30 pm - 4:30 pmDuck March The Peabody Lobby 5:00 pmCompany Night Receptions BlueCross BlueShield of Tennessee Hernando De Soto Room 7:00 pm - 9:00 pm Servpro & Lyons Cleaners Forest Room 7:00 pm - 9:00 pm The Hartford Venetian Room 7:00 pm - 9:00 pmInsurors Reception and InsurPACTN Fundraiser The Peabody Rooftop &Skyway Lounge 9:00 pm - midnight

Tuesday, October 27th

Building a Sales Driven Culture Seminar (2 ce hrs) Venetian Room 8:00 am - 10:00 amAssociation Day Brunch & Annual Business Meeting Continental Ballroom 10:00 am - noon

COOKING SCHOOL GOLF TOURNAMENTGolfers joining us for this year’s tournament at Chickasaw Country Club will need to make their own transportation arrangements to get to the course, located at:

3395 Galloway Ave.Memphis, TN

presented by: 901.323.6216

“Chefs” taking part in our cooking school will need to make their own transportation arrangements to get to the class, located at:

1215 Ridgeway Road, Suite 101 901.763.3747

INSURPACTN 1ST ANNUAL FUNDRAISERDiamonds are a PACs best friend, and you can find out why at our first annual InsurPACTN fundraiser, taking place on Monday night at the Insu-rors Reception on the rooftop of The Peabody and the Skyway Lounge. For each $100 do- nation you make to the PAC, you will receive a glass of champagne, two drink tick-ets and a bracelet that holds the key to winning a pair of diamond stud earrings! You will also receive a set of earrings, but only one set will be the real diamond studs, worth over $2600! When you support our Association PAC, we all win. Now, you can win even more! presented by:

Page 6: The Tennessee Insuror Sept/Oct09

6 The Tennessee Insuror

REP. HEATH SHULER

2009 SPEAKERS

REP. JOHN TANNER

JEFF WODICKA, CIC

Ashley Arnold serves as the General Counsel for Insurors, and part of her job includes lobbying for Association inter-ests. One such interest is the new Work-ers’ Compensation law PC1041, which goes into effect on December 31, 2009. Ashley spent countless hours studying the law and now she will present that

knowledge to you in her seminar, “Workers’ Compensa-tion,” taking place on Sunday morning, October 25th from 10:30 to 11:30 in The Peabody Grand Ballroom D+E.

J. David Daniel is the President of Daniel & Eustis Insurance in Baton Rouge, Loui-siana. In September of this year, he was inaugurated as the Chairman (formerly known as President) of the Big “I” Nation-al Association. Prior to his election on the national Board, David served on the Board of Directors of the Independent

Insurance Agents & Brokers of Louisiana (IIABL) for eight years and became president in 1997. He will address the at-tendees at the Tuesday morning, October 27th Association Day, taking place at 10 am in the Continental Ballroom.

Mike Keith has been the “Voice of the Ti-tans” since 1998, and has worked for the team since 1996. A native of Franklin, Keith began his career while a student at the University of Tennessee, working on the Vols Radio Network. Keith’s most famous call is that of the Music City Miracle, near the end of his first season as play-by-play

announcer. He is a 4 time winner of the Tennessee Sports-caster of the Year award. Mike will be on hand at the Sunday night October, 25th Opening Celebration, taking place at 7 pm in The Peabody Grand Ballroom.

Mike Mansperger is the owner of CCRM Associates, a small-business technology consulting firm in Marietta, GA. Mike has worked in the insurance industry and/or with insurance clients for over 20 years, including 3 years as Vice President and General Manager of Doris Insurance Systems. Mike’s session, “Internet Utili-

zation for Agency Marketing,” will take place on Monday morning, October 26th, at 8 am in the Grand Ballroom Sa-lon D.

Rep. Heath Shuler was elected to North Carolina’s 11th Congres-sional District in November 2006, but many Tennesseans knew the name long before that. Shuler was a star Quarter-back for the University of Tennessee Volunteers from 1990-1993, passing for 4,089 yards and 36 touchdowns during

his Volunteer career. In 1994 he was drafted by the NFL’s Washington Redskins, and went on to play several years in the league. After returning to North Carolina and becoming a resident of Haywood County, Shuler defeated an eight-term incumbent Republican to win his Congressional seat. He is now a loyal member of the fiscally responsible Demo-cratic Party Blue Dog Coalition, a fiscally conservative group which has been and will be essential in the Healthcare re-form legislation process. Rep. Shuler will address attendees at the Monday morning General Session, taking place at 10 am in the The Peabody Grand Ballroom.

Rep. John Tanner Congressman Tanner has represented Tennessee’s 8th District in West and Middle Tennessee (including all of Benton, Carroll, Crockett, Dickson, Dyer, Gibson, Haywood, Henry, Houston, Humphreys, Lake, Lauderdale, Madison, Obion, Stewart, Tipton and Weakley coun-ties, as well as portions of Montgomery

and Shelby counties) since 1989. He is a personal friend of Rep. Shuler and a fellow member of the Democratic Party’s Blue Dog Coalition, which he co-founded. Tanner is also, like Shuler, a former Volunteer athlete, having attended the University of Tennessee on a basketball scholarship. As an independent insurance agency owner himself, Congress-man Tanner uniquely understands the role of the agent in the consumer insurance process, and recently received an award of recognition for his work on our industry’s behalf from the Big “I”. Rep. Tanner will also address attendees at the Monday morning General Session, taking place at 10 am in the The Peabody Grand Ballroom.

Jeff Wodicka is a 30-year veteran of the in-surance industry and serves as Chairman and CEO of Casswood Insurance Agency in New York City. He is also the National Program Director for the National Alli-ance Producer School. Jeff’s sessions are “Avoiding the Price Driven Sale,” taking place on on Monday morning, October

26th, at 8 am in the Grand Ballroom Salon E and “Building a Sales Driven Culture,” taking place on Tuesday morning, October 27th at 8 am in the Venetian Room.

ASHLEY ARNOLD

J. DAVID DANIEL

MIKE KEITH

MIKE MANSPERGER

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7The Tennessee Insuror

REP. HEATH SHULER

2009 SPEAKERS

REP. JOHN TANNER

JEFF WODICKA, CIC

Page 8: The Tennessee Insuror Sept/Oct09

8 The Tennessee Insuror

of Tennessee

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2009 SPONSORS

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Page 9: The Tennessee Insuror Sept/Oct09

9The Tennessee Insuror

2009 SPONSORS

Unlike a lot of acts you might see in Memphis, we’re the real deal. And when you write commercial lines with Montgomery Insurance™ and personal lines with Safeco® Insurance, your customers will think you’re a rock star! That’s because we operate under a unique regional/national model – local expertise and decision making coupled with the financial strength of Liberty Mutual Group, who currently ranks 86 on the Fortune 500 list of largest U.S. Corporations based on 2008 revenues. With hits like this, it’s no wonder agents can’t stop falling in love with us!

We’re proud to be a Platinum Sponsor of the 116th Insurors of Tennessee Convention. Put on your blue suede shoes and visit us at Booth #1!

Montgomery Insurance™Three Lakeview Place22 Century Blvd., Suite 250Nashville, TN 37214Phone: 800-613-4170www.montgomery-ins.com

Safeco Insurance™2055 Sugarloaf CircleDuluth, GA 30097800-231-6047www.safeco.com

Montgomery Insurance and Safeco are the real thing!

MIC-2009 TN Convention-Ad.indd 1 9/1/09 11:02 AM

Page 10: The Tennessee Insuror Sept/Oct09

10 The Tennessee Insuror

Is There Really A Difference Between Mortgage Companies?

Absolutely. Gone are the days where mortgage lenders ask for a copy of your driver’s license and almost nothing else (Whose idea was that anyway?). It did not take a rocket scien-tist to close a mortgage loan in 2006.

In 2009, the mortgage rules are changing by the week, and you need to rely on knowledgeable and experienced mort-gage professionals to assist you with such a major undertak-ing. Some products that were available two months ago are not available today. Working with competent loan originators can be the difference between closing on time and missing out on a home or a low interest rate.

What is the difference between a Correspondent Lender and a Mortgage Broker?

A correspondent lender has multiple outlets to shop mort-gage rates for their borrower, just like a mortgage broker. However, a correspondent lender closes and funds the mort-gage in their name, whereas brokers close their loans in the lender’s name.

Correspondent lenders closing a mortgage loan in their own name allows them the ability to adhere to the same mortgage regu-lations as brokers, but in a much more efficient manner and often at a lower cost.

The federal government has implemented many chang-es that can make it more dif-ficult for mortgage brokers to operate. One example of this is the Home Valuation Code of Conduct (HVCC) which requires mortgage companies to use a third party to order an appraisal so there is no direct contact between the mortgage company and the appraiser. The intent of the new rule was to lessen the opportunity for collusion between the lender and appraiser via artificially raising appraised values of prop-erties.

As a result of the rule, brokers are required to call a third party in what may be a far away place and ask them to call a ran-

domly generated appraiser of the mega-lender’s (not the bro-ker’s) choosing. The third party gets a portion of the apprais-er’s fee for picking up the phone. Appraisers could have less incentive to do a great job in the above-mentioned instance since they may make less money (third party caller takes a cut) and will not be rewarded for working quickly and providing a superior product. Often times, appraisers are sent in from 45 minutes or an hour away to do an appraisal in a market in which they have little familiarity.

Correspondent lenders can make ar-rangements to use local appraisers whom they know do great work. The appraisers

must be rotated and can be contacted by a third party who does not charge a fee. This

should result in a much more efficient, less stressful and less costly experience for the borrower.

How Should Mortgage Rates Factor In?

Rate has always been, is now, and always will be an extremely important factor in deciding who to employ as your mortgage lender. Hav-ing multiple outlets in order to compare pric-ing is critical to keeping lenders honest. Televi-

sion, internet and print ads constantly remind us of the importance to compare various loan

options.

Make Sure You Are Comparing the Total Costs

One of the most common mistakes that consum-ers make when shopping for the best deal is calling

multiple outlets and asking what their rates are on a given day. There is much more involved in ensuring that

you get the best overall deal than by simply asking for the current rate.

Although at face value a rate of 5.00% sounds better than 5.25%, it very well may be a worse deal. In many cases, the ad-vertisement you read or the lender you call may quote rates that have some outrageous amount of costs associated with them.

When choosing a mortgage company, ask for references. Ask the company if they are a correspondent lender or a broker. Narrow your selection down to two or three competitors

Deciding on a Mortgage Company By David Coldiron, VIce President of Lending for Finworth Mortgage, an InsBank Company

Page 11: The Tennessee Insuror Sept/Oct09

11The Tennessee Insuror

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12 The Tennessee Insuror

based on your perception of their ability to get your mort-gage closed efficiently. The final step will be to ask for a good faith estimate on the same day from the mortgage compa-nies that you trust.

Shop around. Find a competitive deal. Always work with a trustworthy company with a proven record and you should have a great mortgage experience.

About the Author

David Coldiron is Vice President of Lending for Finworth Mortgage, an InsBank compa-ny. A Western Kentucky graduate who, after five years in the mortgage business, moved from Bowling Green to accept a position with Finworth. He has over seven years of lending experience.

About Finworth

Finworth Mortgage is a correspondent mortgage lender lo-cated in Nashville that was recently acquired by InsBank. To in-quire about refinancing or purchasing a home, contact David at 615.345.9904. You can also visit Finworth Mortgage online at www.finworth.com, which contains such valuable tools as monthly payment, additional payment, loan refinance and in-terest only mortgage calculators. u

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David ColdironLender, Finworth Mortgage

Page 13: The Tennessee Insuror Sept/Oct09

13The Tennessee Insuror

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Page 14: The Tennessee Insuror Sept/Oct09

14 The Tennessee Insuror

Your 2009 Conferees Continuing Education Students Have Earned Top Industry Designations

Your 2009 CIC Conferees

Ms. Lucy Catherine Adams, CIC, CISR Widener Insurance Agency, Inc. - Johnson City

Ms. Karen C. Anderson, CIC TIS Insurance Services, Inc. - KnoxvilleKaren has been in the industry for 19 years, and now serves as the Marketing Director for TIS, where she has worked for the past 2 years. She has her MBA as well as her BSN and her RN.

Ms. Niki S. Antonini, CIC State Auto Insurance Company - GoodlettsvilleNiki graduated from Capital University in Columbus, Ohio, with a Bachelor of Arts degree 13 years ago, and has worked for State Auto ever since. She now serves as a Senior Commer-cial Specialist for the company.

Ms. Joyce S. Clark, CIC, CISRThe Crichton Group - NashvilleJoyce is a 40 year veteran of the insurance industry, and began her career with a part time position during her senior year of high school. She currently serves as a Customer Service Agent for The Crichton Group, where she has been employed for 20 years.

Ms. Erin J. Corken, CIC, CISR Collier Insurance - Memphis

Ms. Sherry G. Crawford, CIC, CPCU, CPIW, AISBB&T - KDC Insurance Services - KingsportSherry has been in insurance for 28 years, ever since she start-ed out right after high school with Continental. She attended Jr. College in Florida and then worked with Aetna for 5 years. She has been with BB&T for over 18 years. Ms. Michelle Bryson-Hale, CIC Allied Insurance - NashvilleMichelle has 21 years in the insurance industry, beginning with a job as a Personal Lines Underwriter at Allstate after gradu-ating with a Finance and Insurance degree from MTSU. She went on to work for InServe and VanMeter Insurance Agency before joining Allied in September 2005 as a Sales Manager.

Mr. Kevin Gad, CIC, CPCU, AUState Auto - GoodlettsvilleKevin has spent 19 years in insurance since graduating from MTSU with a Bachelor in Business Administration-Marketing. He spent seven years working in claims for various carriers, and in 1997, started with State Auto in commercial lines and has held various positions in his 12 years with the company.

Mr. Jason Robert Hilkin, CIC Liberty Mutual - NashvilleJason has been in the insurance business since 2004, when he graduated with a Bachelor of Business Administration from the University of Georgia and was hired by Liberty Mutual. He now serves as one of Liberty’s Territory Managers.

Ms. Chrystina Howard, CIC, CRM, ARM Willis of Tennessee - Nashville

Ms. Linda Ann InmanFirst Horizon Insurance Group - Nashville

Mr. Jack W. Jeter, CIC BB&T- KDC Insurance Services - Kingsport

Ms. Denise M. Manning, CIC, CISR, ABCP Helena Chemical Company - MemphisDenise has been in insurance for 4 years, working as a Risk Management Coordinator for Helena Chemical Company. In addition to her current designations, she is also working on achieving her ARM.

Mr. Bryan Douglas Moultrie, CICLiberty Mutual - Memphis

Mr. Joseph Samuel Neill, CIC Sam Neill Insurance Agency - MorristownSam has been in insurance since 1991, owning and operating his own agency. He received his Bachelor of Science in Busi-ness Administration with a concentration in Risk Management and Insurance from Appalachian State.

Ms. Emily Berglund Ramsey, CICJ. Smith Lanier - Chattanooga

Ms. Rhonda S. Rowan, CIC USI of Tennessee - MemphisRhonda has been in insurance for almost 30 years, starting out with Cotton Belt Insurance after attending the University of Memphis. She went on to work for Fireman’s Fund, Ameri-sure, Crump, National Insurance Agency and Menard, Gates & Mathis before joining USI of Tennessee as a Senior Account Manager.

Mr. Ronald Scott Samuels, CIC BFS Insurance Group - ClarksvilleScott has over 18 years of insurance industry experience, be-ginning with his time at Wyatt Group Insurance during which

Page 15: The Tennessee Insuror Sept/Oct09

15The Tennessee Insuror

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he graduated from the State Auto Paceset-ter program. In April of 2009 he became an Owner and Partner of BFS Insurance Group. He has a Bachelor degree in Busi-ness Management from Austin Peay State University.

Ms. Kathy E. Simmons, CIC, AAI, CPIW TIS Insurance Services, Inc. - KnoxvilleKathy started her insurance career in 1979 as a Commercial Lines Rater with Aetna. After spending time working in an agency as a Account Manager she joined TIS in 2004. Now 30 years into her career she holds the position of Claims Repre-sentative.

Ms. Kelly Lynn Smotherman, CICWade & Egbert Ins. Partners - Nashville Kelly has been in the industry for over 15 years after starting in her high school’s co-op program in Murfreesboro. Her first job was as a CSR for Gentry Insurance Agency. After high school she went on to work for a Nationwide agent throughout her college

career at MTSU. Upon graduating with a Bachelor of Busi-ness Administration she worked for Valley General Agency, The Mobley Agency and The Newport Agency before joining Wade & Egbert as a Commercial Lines Account Manager.

Ms. Christina Jo Snyder, CIC, CPIW BB&T Insurance Services, Inc. - NashvilleChristina has been in the insurance industry for 28 years, starting out at a small agency in Kansas after attending Kansas Newman College in Wichita. She went on to work for several insurance agencies in Kansas, Indi-ana and North Carolina before moving to

Tennessee. In Tennessee she has worked for Sedgwick James, TIS and her present employer, BB&T Insurance Services.

Mr. Laurence Sullivan, CIC, CPCU Penn National Insurance - Nashville

Your 2009 CISR Conferees

Ms. Heather E. Benefield, CISR Insurance Incorporated - ClevelandHeather has been in the industry for 5 years, now working as a Claims Manager for Insurance Incorporated. She has an As-sociates degree in Applied Science and a Certificate in Office Systems Management.

Ms. Jerri E. Bishop, CISRMowery Insurance, Inc, - KnoxvilleJerri has over 15 years of insurance experience, all with Mow-ery Insurance. She attended Walters State Community Col-lege in Morristown and is now a Commercial Account Repre-

Page 16: The Tennessee Insuror Sept/Oct09

16 The Tennessee Insuror

sentative with the agency.

Ms. Angela M. Black, CISR Athens Insurance - Athens

Ms. Shannon Gregory Boshers, CISR Willis of Tennessee, Inc. - Nashville

Ms. Karen Elaine Brock, CISR Union Standard Insurance Co. - NashvilleKaren began her insurance career 33 years ago at USF&G in the Assigned Risk depart-ment. She stayed at USF&G for almost 23 years, moving to Unitrin Insurance after her office closed. After 7 years with Uni-trin that office closed as well. She joined

a small brokerage firm before landing with Union Standard where she is presently employed.

Ms. Leigh Gilpin Cumbow, CISR BB&T-KDC Insurance Services - Kingsport

Ms. Christie N. Davis, CISR Westan Insurance Group - Union City

Ms. Barbara Dilliard, CISR Willis of Tennessee - NashvilleBarb is a 15 year veteran of the insurance industry, having started her career in per-sonal lines and transitioning to commercial lines after a couple years. She relocated from Ontario, Canada to Nashville in 2005 and now works as a Client Manager for Wil-

lis of Tennessee.

Ms. Paula C. Gallo, CISR Regions Insurance - Memphis

Ms. Lee Ann Gattis, CISR V. R. Williams & Co - WinchesterLee Ann has been in insurance for 7 years, having begun her career in the industry in June of 2002. She earned a Bachelor of Business Administration degree from MTSU in 1978. She now works in he Commercial Lines department for V. R. Wil-liams.

Ms. Sonja M. Graham, CISR, ACS, AIS, INS Liberty Mutual Insurance Co. - KnoxvilleSonja has spent 23 years in the insurance industry, and they have all been with Lib-erty Mutual. She began her career as a 16 year old file clerk and now serves as a Cus-tomer Service Representative for the com-pany.

Ms. Terri M. Harrison, CISR Westan Insurance Group - Union City

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17The Tennessee Insuror

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18 The Tennessee Insuror

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19The Tennessee Insuror

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Ms. Shari Leigh Herron, CISR First State Insurance - JacksonShari has almost 10 years of experience in the insurance industry, having spent 6 years working in Personal Lines and cur-rently having worked over 3 years in Com-mercial Lines as a CSR with First State Insur-ance.

Ms. Gail Hindman, CISR First Volunteer Insurance Agency, Inc. - Chattanooga

Ms. Cynthia Evans Lewis, CISR USI of Tennessee, Inc. - MemphisCynthia graduated from the University of Memphis in 1992 with a Risk Management and Insurance degree but did not get into the industry until 2005 when she joined USI. She be-gan as a receptionist and is currently an Account Manager.

Ms. Heather A. Long, CISR The Assurance Center, Inc. - KnoxvilleHeather has been in the insurance business for over 4 years. She earned her Associate degree in Computer Accounting from Pellissippi State and is currently working on attaining her CPCU designation.

Ms. Julie Lauren Martin, CISR The Allison Insurance Group - Jackson

Julie has 3 years of experience in the insurance industry, start-ing out as an Account Representative and working her way up to Commercial Account Manager last year. She has a Bach-elor of Science degree in Business Administration from Union University.

Ms. Cynthia H. Matlock, CISR TIS Insurance Services, Inc. - KnoxvilleCindy has been in insurance for 5 years, beginning with TIS in 2004 after switching career fields from social work. She re-ceived her Bachelor of Arts degree from the University of Ten-nessee at Knoxville in 2004 and currently holds the Account Manager position in her agency’s Health Care Services Divi-sion. She also handles bonding for that department.

Ms. Holly Higginbotham McGlocklin, CISR BB&T Huffaker & Trimble - Chattanooga

Mr. David M. Miles, CISR Westan Insurance Group - Paris

Ms. Sheri L. Moore, CISR Newton Jones Agency, Inc. - Knoxville

Ms. Hollie Ann Morgan, CISR CAC Financial Partners LLC - RipleyHollie has over 10 years of experience in the insurance and financial industry. Hollie has been a licensed insurance pro-

Page 20: The Tennessee Insuror Sept/Oct09

20 The Tennessee Insuror

ducer for 3 years and works with the firm’s clients on all as-pects of their property and casualty needs.

Ms. Theresa Kay Neff, CISR, CPIA Insurance Planning & Service Company - ChattanoogaTheresa has been in insruance for over 13 years, starting out at IPSCO in 1996 after-moving and changing professions several times due to her husband’s military service. She now handles E&O coverages.

Ms. Freida K. Peterson, CISR BB&T-KDC Insurance Services - KingsportFrieda is a 26 year veteran of the insurance industry, having started her career in the early 80s as a Debit Agent. She holds an Associate degree in Accounting.

Ms. Darcy Susanne Ragland, CISR BB&T Cooper, Love, Jackson, Thornton & Harwell - NashvilleDarcy began her insurance career 5 years ago as an Account Manager for BB&T - Thorton & Harwell which later merged with BB&T - Cooper, Love & Jackson in 2005 to form the current agency.

Mr. Jeffrey M. Roberts, CISR, CWCA Lipscomb & Pitts Insurance - MemphisJeff received his Bachelor degree in Busi-ness Administration form the University of Central Arkansas and then started at Lip-scomb & Pitts 3 years ago. He now works as a Claims Coordinator and ProComp Ad-ministrator for the agency.

Ms. Nichelle Marie Shanks, CISR BB&T-KDC Insurance - Kingsport

Ms. Shelia Rae Shell, CISR Stevens Insurance Associates, LLC - Chattanooga

Ms. Gina K. Sims, CISR Philadelphia Insurance Companies - NashvilleGina is a 19 year veteran of the industry, having started her ca-reer with a small claims adjusting company in 1990 and then working for State Farm agents before joining Philadelphia in 2003. She now serves as an Account Executive II for Philadel-phia. Mr. Anthony Craig Soppet, CISR TIS Insurance Services, Inc. - Knoxville

Mr. Matthew M. Spellings, CISR Westan Insurance Group - McKenzie

Ms. Heather Pittman Warren, CISR Boyle Insurance Agency - MemphisHeather has 7 years of experience in insurance after begin-

ning as a Bond Underwriter in 2002. After moving from Jack-son to Memphis in 2008 she began her current job as a Per-sonal Lines CSR.

Ms. Angela Nicole Whaley, CISR Heritage Insurance Group, Inc. - Johnson City

Ms. Jennifer Wickersham, CISRTrueNorth Companies, LLC - Chattanooga

Your 2009 CRM Conferees

Mr. Billy F. Finley, CRMLife Care Legal & Risk Services, LLC - ChattanoogaBilly has 3 years of risk management experience and 17 years of accounting since getting his Bachelor of Science degree from Christian Brothers University. He know serves as the Di-rector of Risk Services for his employer.

Ms. Wendy B. Ivey, CRMLife Care Legal & Risk Services, LLC - Chattanooga

Ms. Susan Steinruck Ott, CRM, CPCU, AAI Crichton Brandon Jackson & Ward - Nashville

Mr. Chuck Sparks, CIC, CRM, CPIA BB&T - Legge Insurance - NashvilleChuck has over 13 years in insurance since he began working for L.W. Legge Agency, which his family founded in 1946. He has held several positions in his time there, including CSR, Commercial Lines Senior Manager, Claims Manager, Customer Service Man-age and currently Agency Manager, which he achieved in Janu-ary of 2009. He is a graduate of Trevecca Nazerene University and is very active in the community, including serving on the Board of Directors of the Susan G. Komen Foundation of Upper Cum-berland.

Conferee list is current as of September 30, 2009.

Conferment Luncheon to Be Held

These individuals’ achievements will be honored at the 2009 Conferment ceremony luncheon, taking place on Tuesday, November 17th at the Willis Conference Center in Nashville, during the CIC - Ruble Seminar. Conferee invitations should be received soon.

The keynote speaker for the ceremony will be Richard G. Clarke, CIC, CPCU, RPLU, CITRMS, a veteran of the insurance industry and a publisher of numerous articles on a variety of executive liability and Errors & Omissions subjects. In addition, he fre-quently serves as an expert witness, as well as consultant to buyers of commercial insurance, and to insurance companies concerning product development. His book, entitled Decod-ing Executive Liability Insurance (fourth edition) was released in 2008.

Congratulations to all of our 2009 conferees! u

Page 21: The Tennessee Insuror Sept/Oct09

From Your President

21

On behalf of the Insurors staff, committee mem-bers and Board of Directors, my wife Jane and I would like to welcome you to historic Memphis, Tennessee! I spent several years of my life in this city, and let me assure you, there is plenty to see and do. One such must-see item is the very hotel that is hosting our convention this year, The Pea-body. One of the finest hotels in the south, The Peabody has a storied history and a past guest list filled with cultural icons. Just last month the Dalai Lama stayed in the hotel! One of the most popular traditions at the hotel is the march of the ducks, and I suggest you view it at least once while you are here.

In addition to all the great things to see and do in the city, this year’s convention has plenty to keep you occupied as well. Our Saturday night the Young Agent-sponsored welcome dinner will kick things off right, with some world fa-mous Memphis ribs. Let me tell you, the ribs at the Rendezvous restaurant are some of the best I have ever had.

Sunday is the official opening of the convention, and there is definitely a full schedule. I highly recommend that you attend the morning Work-ers’ Compensation seminar that Ashley Arnold is putting on for us. If you didn’t already participate in one of these seminars this year, this is the per-fect way to prepare yourself for the law change coming at the end of 2009. Following the semi-nar, make your way over to the exhibit hall. This is where all the action is, as companies will be vy-ing for agents attention and you may very well find a new carrier or coverage for which you have been looking. After Chuck gives out all those ex-hibitor door prizes that afternoon, get ready for a big evening as our opening dinner and concert from the Blues Other Brothers promises to be a fun-filled night.

Try not to party too hard on Sunday night, be-cause Monday starts early with some great seminars. Our general session that morning should be very informational as well, especially with Rep. Heath Shuler and Rep. John Tanner as two of our speakers. I am very interested to hear

what they have to say on the legislation pertain-ing to our industry, including healthcare reform. I know that as Blue Dog Democrats, they will be important role players in any healthcare related legislation.

If that doesn’t get your day started off right, I bet a round of golf at Chickasaw Country Club will liven things up! I am personally not a golfer, so Jane and I will instead be taking part in the Vi-king Cooking School. After those activities, ev-erybody should be ready to wind down a little with the Monday night receptions. Three of our gracious sponsors, BlueCross BlueShield of Tennessee, The Hartford and Servpro are host-ing receptions in The Peabody for agents to at-tend. Insurors will be hosting a reception for all attendees at 9 pm on the Peabody roof, and it will be in conjunction with our 1st Annual Insur-PACTN Fundraiser, which I will talk about more later in this article.

Tuesday is our day to wrap up all the conven-tion and Association business, but first we get a little more information as our morning seminar will get us started at 8 am. After that, join us for brunch and our annual Association Day Business Meeting. We are lucky enough to have the new Big “I” National Chairman, J. David Daniel with us to induct our 2010 Board, including my succes-sor, Tee Zerfoss.

Once we adjourn the annual meeting, it is time to return home once again, hopefully with more knowledge and contacts to continue to grow and improve our agencies and our industry. It’s also never too soon to start thinking about next year, as the Insurors of Tennessee 117th Annual Convention will take place back in Nashville for 2010.

InsurPACTN Fundraiser

One of the most intriguing events for me at this year’s convention is the first ever InsurPACTN Fundraiser, taking place on the roof of The Pea-body and in the Skyway Lounge. I am interested to see how much support we can garner for our

Welcome to the 116th Annual Convention

“I a m v e r y i n t e r e s t e d to hear what (our speakers) have to say on the legislation pertaining to our industry,”

Walt Bradshaw, J.D.

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22 The Tennessee Insuror

SPECIALTY DEPARTMENTS

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TENNESSEE MANAGEMENT & UNDERWRITING TEAM

(Top Left to Right): JOE RICIGLIANO, CPCU – Transportation, JANET PHILLIPS, CIC – Personal Lines,GARY COOPER, CPCU – Brokerage, JIM ROE, CPCU – President, JULIE RANKIN, AU – Personal Lines,JIM EADES, CPCU – Medical & Professional Liability, Brokerage, Workers Compensation

(Bottom Left to Right): DAVE TOOMBS, ASLI – Commercial Lines, DONNA PAINE, CIC – Personal Lines,SHANNON HELM – Commercial Lines, DONNA SCHLIE – Marketing

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Page 23: The Tennessee Insuror Sept/Oct09

23The Tennessee Insuror

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important government affairs program, as well as seeing who will win the diamond stud earrings worth over $2600! Jane and I got our tickets right away to be a part of this new event. Each person that donates $100 to our Association PAC can take part and have a chance to win. Donors will receive a champagne glass with a pair of earrings. All but one pair of the earrings will contain cubic zirconias, with the lucky winner getting a pair with 1 carat total weight in real diamonds with an official ap-praisal value over $2600!

That should make for an exciting evening, and hopefully help raise a substantial amount for our PAC. Next year will be an-other important one in state government, as we have some important elections, including the Gubernatorial race. There is also plenty of insurance related legislation that will require our Association influence, and having a strong PAC is one way to make sure the voice of the independent insurance agent is heard on the Hill.

I hope you will join Jane and me at this important and exciting fundraising event. If you need more information, or you would like to sign up, please contact Daniel Smith at the Insurors of-fice by calling 615.515.2601 or e-mailing him at [email protected].

So, one more time in case I don’t get a chance to tell you in person, welcome to Memphis! u

SPECIALTY DEPARTMENTS

Aviation

Bonds

Commercial Brokerage

ommercial Underwriting

TENNESSEE MANAGEMENT & UNDERWRITING TEAM

(Top Left to Right): JOE RICIGLIANO, CPCU – Transportation, JANET PHILLIPS, CIC – Personal Lines,GARY COOPER, CPCU – Brokerage, JIM ROE, CPCU – President, JULIE RANKIN, AU – Personal Lines,JIM EADES, CPCU – Medical & Professional Liability, Brokerage, Workers Compensation

(Bottom Left to Right): DAVE TOOMBS, ASLI – Commercial Lines, DONNA PAINE, CIC – Personal Lines,SHANNON HELM – Commercial Lines, DONNA SCHLIE – Marketing

Arlington/Roe & Co.

MANAGING GENERAL AGENTS &WHOLESALE INSURANCE BROKERS

Indianapolis IN – Chicago ILGrand Rapids MI – Louisville KY

800.878.9891www.arlingtonroe.com

Page 24: The Tennessee Insuror Sept/Oct09

24 The Tennessee Insuror09-115 IIA TN Insuror BW 7.5x4.875 AD.indd 2 6/3/2009 9:27:33 AM

Page 25: The Tennessee Insuror Sept/Oct09

From Your CEO

25

Chuck Bidek, CPCU

Thoughts on the Healthcare Debate?

“M o s t a r e p r e d i c a t e d on the idea of requiring all individuals to purchase insurance if you want to live in the United States. Would it be illegal to not p u r c h a s e i nsu r a n ce? ”

The current debate going on in Washington re-quires some choices that must be made in the upcoming months. These tough decisions will undoubtedly be controversial and many peo-ple’s lives will be affected.

One major decision is whether healthcare is a right to be afforded to all individuals in the United States. The concept seems easy enough until one starts looking at the individual com-ponents of such a lofty goal.

Let’s look at some issues surrounding this “sim-ple” question. First, if healthcare is a right, is it extended to every individual in the U.S., or does it apply to just citizens? Does it include legal and or illegal aliens?

Next, should all individuals cov-ered by the healthcare proposal receive equal healthcare? Again, the ideas sounds simple, but let’s try a couple of examples.

In an admittedly extreme hypothetical, does a death row inmate have a right to a liver or heart transplant?

And here is a question that has received a lot of air time on television in the discourse regard-ing the so-called “death panels.” The question is, when is a procedure logical for one person but illogical for another, and who makes that decision? Much is said about you and your doc-tor making the call. But, what if you and your doctor can’t agree? Can the individual overrule the doctor and demand a treatment or test? Lit-erally, can you go into an emergency room and demand an MRI when you have a headache?

In the same vein, can an individual who can af-ford a different level of care, such as deluxe ac-commodations in a hospital that would rival a New York luxury hotel, be breaking the law by going to such a facility? Would that be breaking the spirit of equal healthcare for everybody?

Debates are about words. You may have noticed a subtle but important shift in terminology from the need for Universal Healthcare Reform to the

need for Health insurance reform.Healthcare Reform embodies many important facets. Healthcare is about many stakeholders including insurance companies, but it also in-cludes doctors, hospitals, drug manufacturers, nursing homes, home health nurses, ambu-lance drivers and even trial lawyers.

The proposals to date have seemed to be mov-ing towards “making insurance affordable.” Most are predicated on the idea of requiring all individuals to purchase insurance if you want to live in the United States. Would it be illegal to not purchase insurance? Some have said it is

like state mandates that require auto insur-ance to drive on the public highway. But requiring health insurance would be like

requiring physical damage on the car, not liability insurance which protects other people. It is the public safety argument that creates an insurance re-

quirement. Can the same case be made for individual health insur-

ance?

A constitutional challenge will likely be made against the

m a n - dated purchase being made from a private company. This is basically mak- ing a law requiring one citizen to buy a product from an-other citizen, albeit a corporate one.

Also, can you really “keep your current insur-ance” if you are happy with it? If you subscribe to unlimited equal health insurance for all, you would need to require that all policies be iden-tical, irregardless of who delivers it. Workers’ Compensation insurance essentially works this way. However, to accomplish this, the individ-ual gives up certain legal rights as the no fault system removes the ability to sue for one’s in-juries.

Keeping your current insurance may mean you can have the same company, but the cover-ages, etc., might be changed by the govern-ment requirements. Since most non-Medicare coverage is provided, or at least made available,

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26 The Tennessee Insuror

through employers, the assumption is that they will contin-ue offering coverage. Most proposals require employers to make available coverage, but they can opt out by paying an additional tax (8%). That may seem like a high number, but if healthcare insurance costs already are in excess of 8%, it would make economic business sense to pay the tax and let the government worry about it.

Additionally, if all coverages are the same, any advantage the employer might have by providing health insurance may have been taken away.

Some argue that private insurers serve no purpose and only add to the cost of healthcare. No question, people get peeved when authorization is required to get a particular drug or procedure. But realistically, would anybody want insurers to pay all bills presented without regard to their legitimacy, thus driving the cost of insurance up for the entire group? The national experience with Medicare and Medicaid fraud may show that insurers assist in holding the costs down, thus mitigating their percentage of the premium that is used to “handle the paperwork.”

A concept that most likely will be included in virtually any plan is the idea of prohibiting the exclusion of pre-existing conditions. This is almost a given, but it might be smart to consider the underpinnings of the practice. It is unfair not just to the insurance company, but the policy holders who have paid their premiums, just like it would seem unfair to allow an individual to purchase insurance on a burning house. If pre-existing conditions are eliminated, someone could go with-out insurance and contract a medically consuming disease such as cancer or AIDs and purchase insurance when they find out the diagnosis. If you adhere to the concept of afford-able health insurance you must agree not to penalize these individuals, but rather to spread the costs to all participants in the group.

Many young people do not currently purchase health insur-ance because they believe they are immortal, and they also they are subsidizing the older and often less healthy. Removal of all pre-existing situations would only compound that prob-lem.

Your health is a function of three variables: genetics, personal lifestyle and the environment in which you live. We can gen-erally agree that there is currently nothing we can do as indi-viduals about two of the three factors.

The concept of changing or altering an individual’s genetic makeup is only beginning to be explored and certainly has a myriad of ethical and moral issues attached. The environ-mental factor can be changed, but significant changes can be handled only on a macro level. For example, air pollution can definitely affect your health. So can safe highways. Lifestyle is exactly the opposite. It is mostly up to each individual‘s preferences. Limited by the other two factors, one can decide to drink, smoke, eat a poor diet and for that matter, whether

to wear a seat belt. These decisions can and will affect your health. Since we can have a direct effect on at least one third of the healthcare we will consume, is it logical that all people should pay the same rates based solely on a given rating ter-ritory (environment).

Of course, another question is, and just what should that terri-tory be? Should it be a zip code, a city, a state or a nation?

Much has been said about a “public option” that would pro-vide a government owned and operated insurance company. It is said it would keep insurance companies honest. The pro-gram would presumably be staffed by government employ-ees who would be exempt from any state education or licens-ing requirements.

Another option that is gaining popularity is healthcare coop-eratives. Now, if you wanted to start a fire insurance coopera-tive in your subdivision, you would be subject to capitaliza-tion and regulatory requirements to “keep it honest.” Would these healthcare cooperatives even be able to find adequate capitalization that the public would trust to garner enough participants? Or would they need exemption to conduct busi-ness without the benefit of the laws that were enacted for in-surance companies to “keep them honest?”

Another tough issue is, whether the public option and coop-eratives would be subject to taxation by the states. If not, this would effect state budgets, as in many states insurance tax collections are in the top five revenue sources to run state governments. In addition, would the public option and the cooperatives be subject to the usual and customary costs paid by insurers, or could they mandate what they would pay hospitals and doctors? Early indications are, that they com-pare to the percentage of Medicare payments (i.e. 125%).

It is no secret that private insurance pays not only the direct costs of service but indirectly pays for the losses sustained by underpayments of Medicare and indigent care. If private insurance disappears where will these indirect costs be cov-ered? The slippery slope analogy applies, as the number of private insurers started to decrease these indirect costs per insurer would continue to grow. This would make the price difference between private insurers and government insurers larger and overtime eliminate private carriers altogether.

A sidebar to this is the effect on Medicare, the nation’s largest government insurer. If the new program is enacted and the enrollees place additional demands on healthcare services, it is anticipated that we may have a healthcare provider short-age both in terms of professionals and hospital beds. If this would becomes a reality the question then becomes, would seniors bear the brunt of the influx? Simply stated, would un-limited equal healthcare for all lead to a detrimental effect on the largest current government health program, Medicare?

If you haven’t heard the phrase, the devil is in the details, please re-read the above. u

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27The Tennessee Insuror

Amerisure Insurance has built a solid reputation for giving manufacturing and construction companies exactly

what they need—high quality Workers’ Compensation programs that protect employees and save money.

Our strength in Workers’ Compensation is largely due to a fully-integrated delivery system that includes

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For qualifi ed claims, our exclusive Advocate ClaimsServiceSM includes calls every 90 days between

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Page 28: The Tennessee Insuror Sept/Oct09

28 The Tennessee Insuror

0192

-010

9-04

Agents and policyholders alike can share in the credit for this year’s $3 million dividend—you both helped make it possible. Because safety is one of your top priorities, it’s reflected in our bottom line. At Builders Mutual, we don’t just ask policyholders to work safely—we give them the tools to make it happen. And we appreciate our agents stressing the importance of efforts such as Fall Protection Certification, Builders University, our Risk Management CD—even on-site risk management consulting. With your help, Builders Mutual has been able to reward over $44 million in dividends to date. At a moment like this, aren’t you glad you’re with Builders Mutual?

DON,T THANK US,

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Page 29: The Tennessee Insuror Sept/Oct09

29

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Education CalendarThe Insurors of Tennessee offers education opportunities to member agents across a wide range of insurance specialities that satisfy individuals at many different experi-ence levels. If you are looking to further your career, seeking a professional designa-tion, or need to satisfy continuing education requirements, check out the variety of courses available.

Registration is fast and easy at www.insurors.org. More information about each class can also be found online.

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Page 30: The Tennessee Insuror Sept/Oct09

30 The Tennessee Insuror

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Page 31: The Tennessee Insuror Sept/Oct09

31The Tennessee Insuror

Government and Legal AffairsA Look at Red Flags Rules by Rick Pitts, General Counsel, IIA of Indiana

The Federal Trade Commission’s enactment of regulations re-garding Red Flags has been a study in hype and controversy. The implementation of the regulations has been at least twice delayed. The materials below are taken directly from the Fed-eral Trade Commission’s various websites addressing the new regulations.

What are red flags?

The Federal Trade Commission (FTC), the federal bank regula-tory agencies, and the National Credit Union Administration (NCUA) have issued regulations (known as the red flags rules) requiring financial institutions and creditors to develop and implement written identity theft prevention programs, as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003. The programs must… provide for the identification, detec-tion, and response to patterns, practices, or specific activities – known as “red flags” – that could indicate instances of identity theft.

Why is this important now?

The Federal Trade Commission [has delayed] enforcement of the new “Red Flags Rule” until November 1, 2009, to give credi-tors and financial institutions more time to develop and imple-ment written identity theft prevention programs…

FTC Chairman Jon Leibowitz stated that, “Given the ongo-ing debate about whether Congress wrote this provision too broadly, delaying enforcement of the Red Flags Rule will allow industries and associations to share guidance with their mem-bers, provide low-risk entities an opportunity to use the tem-plate in developing their programs, and give Congress time to consider the issue further.”

To whom does the law and regulations apply?

The Red Flags Rules apply to “financial institutions” and “creditors” with “covered accounts.”

Under the Rules, a financial institution is defined as a state or national bank, a state or federal savings and loan association, a mutual savings bank, a state or federal credit union, or any

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Page 32: The Tennessee Insuror Sept/Oct09

32 The Tennessee Insuror

other entity that holds a “transaction account” belonging to a consumer. Most of these institutions are regulated by the Federal bank regulatory agencies and the NCUA. Financial in-stitutions under the FTC’s jurisdiction include state-chartered credit unions and certain other entities that hold consumer transaction accounts.

A transaction account is a deposit or other account from which the owner makes payments or transfers. Transaction accounts include checking accounts, negotiable order of withdrawal accounts, savings deposits subject to automatic transfers, and share draft accounts.

A creditor is any entity that regularly extends, renews, or con-tinues credit; any entity that regularly arranges for the exten-sion, renewal, or continuation of credit; or any assignee of an original creditor who is involved in the decision to extend, renew, or continue credit. Accepting credit cards as a form of payment does not in and of itself make an entity a credi-tor. Creditors include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunica-tions companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be con-sidered creditors. Most creditors, except for those regulated by the Federal bank regulatory agencies and the NCUA, come under the jurisdiction of the FTC.

A covered account is an account that is used mostly for per-sonal, family, or household purposes, and that involves multi-ple payments and/or transactions. Covered accounts include credit card accounts, mortgage loans, automobile loans, mar-gin accounts, cell phone accounts, utility accounts, checking accounts and also savings accounts. A covered account is also an account for which there is a foreseeable risk of identity theft – for example, small business or sole proprietorship ac-counts.

What does someone have to do to comply with the Red Flags Rules?

The FTC’s guide recommends four questions to determine the risk threat:

1. Do you know your clients personally?

Perhaps you’re a doctor or a lawyer on Main Street and are familiar with everyone who walks into your office. It’s un-likely that an identity thief can defraud you by impersonating someone you already know. That would place your business at low risk for identity theft.

2. Do you usually provide your services at your customers’ homes?

To avoid getting caught, identity thieves tend to move around a lot. They generally don’t want people to know where they live. If you regularly provide services at your customers’ homes, your business may be at low risk for identity theft.

3. Has your business ever experienced an incident of identity theft?

You’ve been in business for some time now, and no one has complained that someone stole his identity and used it to get products or services at your business. That might suggest your business is at low risk for identity theft.

4. Are you in a business where identity theft is uncommon?

If there are no reports in the news and no talk among people in your line of work about identity theft, your industry may not now be the target of identity thieves, and your organiza-tion may be at low risk for identity theft.

My business is a low risk business. How do I comply?

The FTC requires the same four steps to comply, but uses some common sense suggestions:

Step 1: Identifying relevant red flags.

“…For instance, if you check photo IDs, a classic red flag of identity theft is an inconsistency between the person’s ap-pearance and the information on the photo ID. If you know all of your customers personally, it’s probably not necessary to ask for a photo ID, and this red flag would not be appropri-ate…”

Step 2: Detecting red flags.

“…To detect a false ID, you might consider training your staff to look carefully at the ID to see if the person’s appearance is consistent. What if somebody notifies you that an account has been opened or used fraudulently? To make sure those notices don’t fall through the cracks, you may decide to re-quire employees to log that kind of notice in a central place or to tell a staff member responsible for responding to red flags.”

Step 3: Responding to red flags.

“For example, say you’ve identified the risk of false IDs as a warning sign of identity theft, and you’ve noted that you will train your staff to look for inconsistencies in identifica-tion. Your employee has checked the photo ID and detected an inconsistency. What’s the next step? Perhaps it’s asking for another form of identification – or maybe not providing any products or services until the inconsistency has been re-solved…”

Step 4. Administering the program.

“Get the approval of your Board of Directors, a committee of your Board, or a senior manager…designate a senior em-ployee to administer your Program…describe how you’ll train your staff…describe how you’ll supervise your service provid-ers…describe how you’ll update your Program...” u

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33The Tennessee Insuror

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Page 35: The Tennessee Insuror Sept/Oct09

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Association UpdateArch Trimble, Jr. Honored by Local Media

The Chattanooga Times Free Press recently ran an article high-lighting the retirement of Arch Trimble, Jr., after 54 years in the insurance industry. Mr. Trimble made his retirement offi-cial on September 1st, saying that, “At 81 is the time to do it.”

A former state and local Insuror of the Year award winner, the retired Marine Colonel started in the industry with Hardware Mutual Insurance before founding the Arch E. Trimble Agency with his father in 1960. The Trimble Agency later merged with Huffaker and was then purchased by BB&T in 2005.

Pelt Named E&O Contact for Insurors

Paul J. Pelt, Jr., who joined Insurors in January of this year after graduating from the Terry College of Business at the University of Geor-gia, has been named as the main E&O contact for your Association staff.

Paul, whose job responsibilities also include assisting agencies with loss control products like the Swiss Re Agency Shield Program and the Virtual Risk Consultant, also serves as staff support for the RLI programs. He is currently involved the CIC designation program as well.

Paul replaced Mary Williams, who is no longer with the As-sociation. To contact him for assistance call 615.515.2602 or e-mail [email protected].

J. Smith Lanier & Co. Ranked #21 in 100 Largest Brokers List

Business Insurance, a national risk management insurance magazine, reported on July 20, 2009 that Insurors member J. Smith Lanier & Co. is ranked #21 among the 100 largest brokerage firms in the United States. The rankings were the 2008 brokerage revenues generated by United States-based clients. In 2007, J. Smith Lanier & Co. was ranked #24.

J. Smith Lanier & Co. was also ranked as the 7th largest pri-vately owned insurance broker in the United States, which represents brokerage firms that are neither bank-owned nor publicly traded.

“Our ranking as the #21 brokerage firm in the country and #7 in the private sector is an outstanding achievement,” said J. Smith Lanier & Co. Chairman and CEO, D. Gaines Lanier. “For over 140 years, J. Smith Lanier & Co. continues its strong com-mitment to personal service in relationships with both em-ployees and clients.”

First Horizon Insurance Agency Acquires Sandlin Insurance

Insurors member agency First Horizon Insurance Group has acquired Sandlin Insurance Agency, located in Germantown. Accounts will continue to be serviced through the agency on behalf of First Horizon by principal agent Truman Sandlin, Ph.D., CIC.

J. David Daniel Inaugurated

J. David Daniel was inaugurated as the chair-man of the Big “I” at the recent Big “I” Lead-ership Conference in New Orleans. David is President of Daniel & Eustis Insurance in Baton Rouge. Prior to his election to the Executive Committee by IIABA’s national Board of Di-rectors in 2004, David served on the Board of

Directors of the Independent Insurance Agents & Brokers of Louisiana (IIABL) for eight years and became president in 1997. David will be joining Insurors at the 116th Annual Convention in Memphis and will address the attendees on Monday morn-ing, October 26th during the general session. Register now or get more information at www.insurors.org. u

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36 The Tennessee Insuror

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Page 37: The Tennessee Insuror Sept/Oct09

37The Tennessee Insuror

Not a day goes by without my e-mail containing an invitation to join a social networking site. Whether used for business contacts, maintaining contact with friends and family, or to reconnect with acquaintances from years past, the use of social networking sites is rapidly increasing. According to one internet research firm, 2008 saw the use of social networking sites overtake e-mail by Internet users across the world.

Much discussion has taken place on how to best harness the power of social networking for the benefit of your insurance agency. ACT and other organizations have written extensively on the power of social media to enhance agency online marketing and to generate “virtual” referrals. The focus of this article, howev-er, is to examine the risks that agencies need to take into account when they take advantage of these opportunities to broaden their reach. I will examine the more common errors and omis-sions risks that can be associated with the use of social network-ing, along with steps you can take to mitigate those risks. If you are not familiar with social networking sites, here is a brief discussion of the most common functionalities. This is by no means all-inclusive, as the technology changes daily. Most sites

offer the ability to create a homepage following a template provided by the site. Depending on the site being accessed, the profile tem-plate may be limited to key information you wish to be known about your agency along with an uploaded photo, or it can be as robust as a site containing multiple photos, videos, and links to other sections of the site (as well as to other sites) containing additional content you have created and posted. Users of the site typically invite other users to join their community, and the invitee is free to accept or decline. Most sites also offer blogs, chat rooms, forums, and search capabili-ties to help locate other users based on your chosen search filters. Rules of the Site

Posted privacy statements and user agreements are standard on so-cial networking sites, and most also include a list of “do’s and don’ts” to follow when using the site. Although containing lengthy legal ter-minology, it is in your best interest to fully read a site’s user agree-ments and privacy statements before agreeing to the terms of usage. User agreements tend to be very broad in favor of the site owner, commonly giving the rights to the site to use all content posted by users, and retaining the right to remove, discard or withhold user posted information at any time. User agreements usually state that

E&O and Social Media Keep Agency E&O Concerns in Mind When Using Social Media By Sabrena Sally, CPCU

Page 38: The Tennessee Insuror Sept/Oct09

38 The Tennessee Insuror

CAN TAKE YOU TO THE

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Page 39: The Tennessee Insuror Sept/Oct09

39The Tennessee Insuror

the site assumes no responsibility to monitor disputes between users, and contain hold harmless/indemnification agreements in favor of the site for damages suffered by the site as a result of con-tent posted by a user or as a result of any actions of the user while using or misusing the site. Now, let’s assume you have read the user agreements, privacy statements, and “do’s and don’ts” of a site you have chosen to use. You are ready to sign up. But wait! Don’t hit that submit but-ton too quickly. Instead, take some time to consider what type of errors and omissions exposures your agency may face by using the site.

Overview of E&O Exposures

The exposures can range from advertising, contractual liabil-ity, defamation, offering erroneous recommendations, and may even extend to antitrust issues. These are not new exposures to your agency, but the nature of social networking sites does im-pact errors and omissions exposures in several ways. Information entered on social networking sites is able to achieve instan-taneous worldwide distribution in a matter of seconds. An electronic record is also created which can survive indefinitely. In addition, discussions taking place on these sites tend to be more casual and take place more quickly then even email communication, making it easier for a statement to be taken out of context. Let’s drill down to the most common errors and omissions exposures faced by agencies using social media.

Contractual Liability

The user agreement on the site most likely con-tains a requirement that you hold harmless and indemnify the site. The agreement at one popular site is quite broad, stating: “....you shall indemnify and hold us harmless from any damages, losses and costs related to third party claims, charges or investigations, caused by your failure to comply with this agreement, including without limitation your sub-mission of content that violates third party rights or applicable laws, caused by any content you submit to us, or caused by any activity in which you engage through the site.” That provision in itself is amazingly broad, but it becomes even more so when you look at the definition of the site agreement. The site agreement in this particular case states that you must comply with all applicable laws, the “Do’s and Don’ts” posted on the site, the notice and take-down procedures of the site, the site privacy policy, and any other notices of the site. Loss Control Tip:

Read the user agreement, privacy statement, and “do’s and •don’ts” thoroughly. Consult with your legal counsel if needed to be sure you have a full understanding of the liabilities to which your agency is agreeing.

Advertising Liability

You most likely will create some type of agency home page, so let’s look next at advertising exposures. The insurance regula-tions in several states specifically mention Internet advertising. For example, this excerpt from NY L Circular Letter No. 5 (2001) is both specific to Internet advertising and broad in scope: “Adver-tisements that appear on the Internet are subject to all applicable ex-isting statutory and regulatory guidelines and restrictions applicable to advertisements in any other medium.”

It is clear that the same level of care should be given to agency advertising on social networking sites as is given to the agency’s traditional advertising. Where the line can easily be blurred, how-ever, is when an individual agency owner or employee uses the agency name, logo, or other advertising identifier as part of their personal social networking site. Does that then constitute adver-tising for which the agency can be held liable? That question has yet to be settled. The agency’s exposures from advertising on these sites can be mitigated by following the same legal vetting

process as is used for traditional advertising. An agency proce-dure should also be established that addresses to what ex-

tent employees have permission to link to the agency’s sites, or use the agency name, logo, or other advertis-

ing material on their personal sites (more on this procedure later).

Loss Control Tips:Be sure your agency advertis-•

ing on the site complies with all statu-tory and regulatory guidelines

Establish an agency procedure address-•ing employee linking to agency sites or use

of agency name, logo, or other advertising on their personal social networking sites.

Defamation

Most social networking sites feature blogs, chats or forum discussions. Participating in these discussions can present ex-

posure to defamation, or in this case libel since the discussion is in written form. Your agency has always faced exposure to defa-mation from verbal discussions and written communications. On social networking sites, however, discussions taking place on blogs and in chat rooms or forums tend to be less formal, may include more opinion than fact, and tend to move quite rapidly between many parties. In fact, the popular site Twitter limits text comments to no more than 140 characters. The end result is that it is much easier to make a statement that is taken out of context. Unlike verbal discussions, comments made on the interactive fea-tures of social networking sites or in blogs that accompany online articles are captured electronically and can be stored indefinitely, further exacerbating the issue of less formality.

Keeping in mind that commercial speech – speech which pro-poses an economic transaction – is entitled only to limited First Amendment constitutional protection, there is a real question as

continued on page 50

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40 The Tennessee Insuror

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41The Tennessee Insuror

Company BriefsColumbia Insurance Group Recognized As A 2009 “Super Regional”

Demotech, Inc., has announced that Columbia Mutual Insur-ance Company has qualified as a “Super Regional” this year.

Demotech is a Columbus, Ohio based financial analysis and actuarial services firm. They have reviewed over 2,700 Prop-erty and Casualty companies in 2008 and only 149 of those companies met the objective criteria to be a “Super Regional”. A list of those companies was published in the Insurance Jour-nal on May 4, 2009.

To be considered as a “Super Regional,” certain criteria that a company must meet (based on 2008 annual statement data) includes:

At least $100,000,000 of policyholder surplus•Direct premium written of at least $25 million•Net written premium of at least $50 million•

Bob Wagner, Chairman and CEO of Coulmbia, stated, “We are very pleased with this recognition and are quite proud to be included in another elite group of companies. We want to thank our dedicated agents and employees who have made this possible.”

Builders Mutual Names Lockard VP and CFO

Builders Mutual Insurance Company is pleased to announce that Thomas B. Lock-ard has been named Vice President and CFO. Lockard is the successor to John K. Boggs who was recently promoted to Presi-dent and CEO of Builders Mutual.

“Although a newcomer to BMIC, Tom brings considerable insurance accounting knowledge and experience and he has added value to our company,” stated John K. Boggs, President and CEO of Builders Mutual.

Lockard, who has over 20 years experience in accounting and the insurance industry, joined Builders Mutual in 2008 as the Controller, responsible for the financial reporting of the com-pany as well as all statutory filings with the Insurance Depart-ments.

Prior to joining Builders Mutual, Lockard was employed by At-lantic Casualty Insurance Company and served as the Financial Manager, Controller and Chief Financial Officer during his ten-ure. Lockard began his career as an Account Coordinator with Occidental Fire and Casualty Company and has held several other accounting positions during the course of his employ-ment.

United Fire Group Again Named to Ward’s 50

For the 17th consecutive year, Ward Group has recognized United Fire Group® as one of 50 top-performing property-casualty insurance companies in the industry. Only two other companies have been on the list longer than us — and that’s only by one year.

In addition, their subsidiary company, United Life Insurance Company, has been named to the Ward’s 50 life-health insur-ance companies for the fourth consecutive year. United Fire is one of only seven organizations that have affiliated companies named to both the property-casualty and life-health Ward’s 50® groups of companies this year.

Ward Group has conducted a yearly analysis of the financial performance of over 3,100 property-casualty insurance compa-nies and over 800 life-health insurance companies domiciled in the U.S. since 1991, identifying the top performers in each seg-ment. This group is the Ward’s 50 for the year. Each company has passed all safety and consistency tests and achieved supe-rior performance over the five years (2004-2008) analyzed.

According to the press release issued by Ward Group, the

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Page 42: The Tennessee Insuror Sept/Oct09

42 The Tennessee Insuror

Ward’s 50 property-casualty insurance companies produced a 14.4 percent return on average equity from 2004 to 2008 com-pared with 9.9 percent for the property-casualty industry over-all. The Ward’s 50 life-health insurance companies produced a 13.5 percent return on average equity from 2004 to 2008 com-pared with 6.4 percent for the life-health industry overall.

U.S. Insurance Services Introduces New Warranty Product

U.S. Insurance Services recently announced a joint venture with National Auto Care (NAC). NAC is a leading provider of extend-ed warranties for automobiles, trucks and powersport prod-ucts (motorcycle, atv, jet-ski and snowmobile). This venture allows agents to offer extended warranties to their customers and prospects. Formed in 1984, NAC has remained an indus-try leader because of superior service, prompt claims handling and competitive rates. With over 2 million agreements sold to date, NAC continues to set the standard in the extended war-ranty industry. Backed with an A+ rating, NAC provides a solid reputation that consumers and agents demand.

With today’s economic realities, consumers are keeping their vehicles longer than ever. As a result, drivers are now much more interested in purchasing an extended warranty realizing the major out of pocket expenses they could incur should they experience a mechanical breakdown.

Interested agents have a brand new way to serve their custom-ers and a great new way to generate substantial commissions. Warranties are available in all states with the exception of Cali-fornia and Virginia, and agents earn $300 for each auto or truck warranty sold and $85 for powersport warranties.

For more information on how your agency can begin selling warranties, please visit U.S. Insurance Services at www.us-insurance.com and click on the agents tab. A warranty guide is available for viewing providing full details and explanation. You may also contact Blair Fox toll free at 800-874-1738 x228 or by e-mail at [email protected].

Employers Launches Agent Marketing Toolbox and Redesigned Website EMPLOYERS® has launched its Agent Marketing Toolbox Web site for its appointed independent agents to simplify agent-carrier workflows and streamline marketing processes. EM-PLOYERS developed the Agent Marketing Toolbox to enable easy access to customizable marketing materials, making it easy for agents to communicate workers’ compensation cover-age options and value-added services to small businesses. Ap-pointed agents now have the ability to “pull” EMPLOYERS mar-keting materials and create their own marketing campaigns 24/7 based on their individual needs.

The introduction of the Agent Marketing Toolbox is an exten-sion of EMPLOYERS’ focus on providing independent agents

with tools to effectively and efficiently reach and service larger volumes of small business accounts. The new Agent Marketing Toolbox greatly complements EMPLOYERS’ highly-automated underwriting systems, and knowledgeable, responsive under-writers, loss control experts and claims specialists, all of which are focused on streamlining processes for valued agent part-ners. Appointed agents can visit: www.cendixportal.com/em-ployers and follow the instructions to create an account.

EMPLOYERS also recently launched its redesigned corporate website at www.employers.com. The new site introduces an in-teractive environment where agents and small businesses can participate in relevant discussions and access useful informa-tion such as white papers, e-mail newsletters, resource librar-ies, and events calendars.

Harford Mutual Introduces New Director

Harford Mutual of Bel Air, MD, recently an-nounced that Jeffrey S. Rink has joined the Harford Mutual team as Director of Market-ing and Business Development. Jeff has over twenty years of insurance experience working in various underwriting, market-ing, sales, and management roles. Jeff’s extensive commercial lines experience will

help Harford Mutual enhance its brand and increase market share while maintaining current profit levels. Jeff is a graduate of McDaniel College in Westminster, MD and a long time resi-dent of Harford County, MD.

London American Names Arnold President

Houston-based London American Risk Specialists Inc. has re-ported that Robert L. (Rob) Arnold, has joined the firm as presi-dent and partner. Arnold will be responsible for all MGA opera-tions and the strategic direction of the company.

Arnold is a 30-year veteran of the industry and has previously held executive positions with W.R. Berkley, Elton George & Co., and recently served as president of Myron Steves. He has been very active in industry affairs during his career and has served on the board of the Texas Surplus Lines Association, as presi-dent of the Texas Chapter of CICs, and as a board member of the Houston Independent Insurance Agents Association.

Arnold has extensive personal and commercial lines experi-ence within the specialty segment of the insurance business. His career has included retail, wholesale, Lloyd’s of London, binding authority, brokerage, transportation and insurance company experience.

Progressive Names Barone as Agency Business National Distribution Leader

Karen Barone has been named Progressive’s National Distribu-

Page 43: The Tennessee Insuror Sept/Oct09

43The Tennessee Insuror

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44 The Tennessee Insuror

tion Leader for its Agency Business. Progressive is the largest writer of auto insurance through independent agents in the country based on premiums written. Barone will lead Progres-sive’s efforts to help its more than 30,000 independent agen-cies profitably grow their businesses.

Barone’s new responsibilities include maintaining and advanc-ing Progressive’s leadership role in agent technology which aims to make it easier for agents to sell and service policies. She will also lead Progressive’s sales organization which helps agents develop marketing plans to win new customers and re-tain existing ones in an increasingly competitive marketplace.

FCCI Receives Workplace Recognition

Sarasota, FL-based FCCI Insurance Group was recently recog-nized for its workplace development in two diverse age group categories. First, the company was recognized by Florida Trend magazine for its ability to integrate Generation Y workers un-der 30 with its current staff. In addition, FCCI was recognized by the AARP as being a 2009 “Best Employer for Workers Over 50.” FCCI offers flexible work schedules, fitness classes and consid-erable training opportunities to make sure all of its employees feel at home.

ACUITY Expands Its Transportation Market

ACUITY has expanded opportunities in the transportation mar-

ket for Independent Agents by introducing two new programs for trucking risks.

For agents, the biggest change is ACUITY’s willingness to write Workers’ Compensation on long-haul truckers, defined as ac-counts that exceed a 200-mile radius, as long as they generally operate within the insurer’s 18-state operating territory. The second change is the introduction of a new Truckers Enhance-ment Endorsement, designed to provide a number of special-ized coverages targeted to the unique needs of this class.

Long-haul truckers present different underwriting challenges and opportunities than local and intermediate haulers, but ACUITY brings disciplined underwriting, effective loss control, and proactive account management capabilities to the table.

ACUITY’s new Truckers’ Enhancement Endorsement features over two dozen new coverages for truckers at a competitive price. Rates are based per unit, with discounted rates available for fleets of more than 20 units. The premium is divided among liability, comprehensive, and collision, so that insureds pay only for the coverages that apply to each individual unit.

Montgomery Wins Award From IIANC YAC

Montgomery Insurance, a Liberty Mutual Agency Markets re-gional company, has won the Independent Insurance Agents of North Carolina (IIANC) Young Agents Company of the Year

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45The Tennessee Insuror

Fallon | Minneapolis

Bleed: 8.625" x 11.125"

Trim: 8.375" x 10.875"

Live: 7" x 9.5"

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Fonts: Scala Sans Regular and Bold; Arial Regular and Arial Black Regular for crops/slug

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Creative Director: Todd Riddle

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Production Artist: Brett Hudoba

Project Manager: Lindsey Anderson

Art Buyer: Julie Backer

Print Producer: Tom Beckel

Account Executive: Jamie Lykken

Account Supervisor: Jennie Moore

Publications: Issue: Close: Ext:Tennessee Insuror 07/01/08 06/15/08

Client: Travelers

Job Number: SPSPC6PC046

File Name: SPSPC6PC046v2alt1_8-3x10-8

Description: Brand - Hover Car

Date/Time: 06/09/08

travelers.com©2008 The Travelers Companies, Inc. All rights reserved. The Travelers Indemnity Company and its property casualty affi liates. One Tower Square, Hartford, CT 06183A discount of up to 10 percent applies only to certain coverages. The discount may not be available in all states and is subject to individual eligibility.

Hybrid cars? Hover cars? Who knows what lies on the road ahead? At Travelers,

we’re working to identify changes in the world and to make sure your customers’

policies stay in-synch. Do your forward-thinking customers want to drive a

hybrid car? We help you reward them with a discount. Is your small business

client concerned about identity theft? We’ll suggest the latest solutions. Contact

Travelers today. After all, the world is evolving. We think insurance should, too.

2008. Hybrid car accident.

2014. Hover car accident.

Page 46: The Tennessee Insuror Sept/Oct09

46 The Tennessee Insuror

award for the second consecutive year.

Presented during the recent Young Agents Conference in Myrtle Beach, South Carolina, the award recognizes the com-pany that rates highest among IIANC member young agents in the following categories: market availability; product delivery; claims settlement; marketing; product development; agency contracts; and overall agency-company relations.

Kentucky National Enters Tennessee Market

Kentucky National Insurance Company (KNIC), a Lexington-based property and casualty insurance company, will begin of-fering insurance to customers in Tennessee beginning 6/1/09.

“We’re excited to offer Kentucky National insurance policies to our friends in Tennessee”, said President Enoch Roberts. “Our company specializes in quality property and casualty insurance products at competitive prices,” continued Roberts.

KNIC will provide auto, homeowners, boat, renters, manufac-

tured home, dwelling fire, and excess liability insurance. The insurance will be sold exclusively through Tennessee Indepen-dent Insurance Agents.

KNIC is owned by First Kentucky Insurance LLC, a Lexington-based company owned by Terry E. Forcht of Corbin, Kentucky.

Philadelphia Adds Two Niche Products

Philadelphia Insurance has recently rolled out two new prod-ucts, Pest Control and Security Services “The Guardian.” Provid-ing one of the broadest coverage forms in the market, these products offer comprehensive coverage for both niches.

Pest control eligible classes include operators specializing in residential, commercial, and industrial buildings who have a minimum of four years in the industry and a workforce of less than 50 employees. Security Service eligible classes include armed and unarmed security services, alarm monitoring and installation services, security consultants, armored car services and personal security for executives. u

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47The Tennessee Insuror

I used to think EMC was ju st for niche commercial programs. Then again, I used to think that chocolate milk came from brown cows.

Birmingham Branch: 800.239.2005 | Home Office: Des Moines, IA www.emcinsurance.com

© Copyright Employers Mutual Casualty Company 2009 All rights reserved

MAKE EMC YOUR CHOICE FOR MAIN STREET BUSINESSWhen you think main street business, start thinking about the EMC Choice® Businessowners Program. Small and midsize businesses will enjoy the flexible coverage options designed to meet their specific insurance needs, the added value of free loss control services, plus the responsive service from an EMC branch office nearby. So if you still think EMC is just for niche programs, think again. Count on EMC ® for your main street commercial lines marketing, too. For more details, contact your local EMC branch office.

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48 The Tennessee Insuror

Looking at the scope of an insurance agent’s job, I am constantly amazed at the knowledge and understanding of insurance that it takes to offer top-notch service to a very diverse group of cus-tomers. One day it is meeting to discuss the medical malpractice needs of a doc-tor, the next making sure a father is com-fortable with the limits of his personal umbrella policy. Let’s face it, identifying the risk exposures of customers can be difficult when dealing with such diverse operations, activities, assets, and buying tendencies of customers. A couple of tools that agents can benefit from using are industry specific exposure question-naires and coverage checklists.

Analyze Customer Exposure

Not only can questionnaires simplify and focus the ex-posure analysis but they are useful tools in controlling potential E&O claims involv-ing failure to recommend coverage and other risk assessment errors. Using the questionnaire gives agents a track to run on. When they sit with a customer during the risk assessment and learning process, the questionnaire is their guide. Questionnaires “remember” all the ques-tions an agent needs to ask to get all the information regarding the risk. It does not matter if it is a personal or commer-cial lines customer.

As you identify exposures for potential customers, find out if their current cov-erage protects against these exposures and if it does not, explain why this cover-age is important. This will help the cus-tomer understand existing exposures and allow for clarification of coverage needs. The customer will be impressed with your level of professionalism and comfortable with your insurance knowl-edge. If you identify a unique exposure which may be difficult to insure, it is important that you make the customer

aware of that.

Document, Document

Using questionnaires and coverage checklists provides thorough docu-mentation for customer files. Too often in E&O claims it is the customer’s word against the agent’s. This makes it dif-ficult or almost impossible for E&O car-riers to make a solid defense on the agent’s behalf. Agencies also experience staff turnover which may limit the abil-ity to defend E&O claims if there is not a well documented file. Coverage check-lists have areas beside each coverage description allowing for the agent to

check one of the following: no exposure exists, recom-mended and accepted, or recommended and rejected. They also provide an area for the customer to initial next to any coverages that are re-jected and for signatures at the bottom of the checklist.

It may also be a good idea to outline on the coverage checklist any responsibili-ties that the customer needs to perform before coverage can be bound. Keeping this completed and signed checklist and the exposure questionnaire in the cus-tomer’s file can prove to be an invalu-able defense tool should an E&O claim be made.

Grow the Pie

A final benefit of using exposure ques-tionnaires and coverage checklists is the ability to grow your agency’s book of business. Using these tools increases your agency’s ability to identify ad-ditional exposures and sell additional coverage. During the exposure analysis process with the customer you may un-cover and explain exposures that they had never contemplated but want to in-sure. In turn, you are growing your book of business.

Check Marks the Spot! Utilizing Questionnaires and Coverage Checklists to Document

®

FirstComp Insurance

Company, the long term solution for

your agency

FirstComp Insurance Company strives to

provide superior customer service to all of

our agencies and policyholders.

Currently, FirstComp is targeting Tennessee

accounts up to $25,000

in premium!

FirstComp Insurance Company was recognized as National Underwriter’s

most profitable commercial lines insurer in

the nation in 2007.

Questions? Contact Tennessee Sales Manager

Spencer Dillon(865) 604-5552

[email protected]

FirstComp is a trademark of Aspen Holdings, Inc. used under license by its affiliates including but not limited to those doing business as FirstComp Insurance Company, FirstComp Underwriters Group, Inc., FirstComp Group Inc., FirstComp Group, FirstComp Insurance Agency, Inc., FirstComp Insurance Services of Nebraska, Pinebrook Insurance Group, Inc., Pinebrook Insurance Agency and Rex, Inc. d/b/a Risk Exchange Insurance Agency. FC1119(0709)_TN

R

Page 49: The Tennessee Insuror Sept/Oct09

49The Tennessee Insuror

To learn more, visit

A- “Excellent” A.M. Best Rating

Tennessee Agents:We Want Your Business!

Competitive pricing and f

Good income potential.

Superior services, particularly in the area of claims.

Stability during good times AND bad.

lexible payment options.

A variety of easy ways to get a quote.

Fast turnaround; small business quotes receive same day (often same hour) responses.�

In return, we offer:

www.guard.com/applyOR call .1-800-673-2465, ext. 4567

With so many types of insurance cover-age and so many different policy nu-ances, coupled with the diverse group of customers that insurance agents serve, exposure questionnaires and coverage checklists are invaluable to agents. Re-ducing your agency’s E&O exposures for failure to recommend or identify cover-age needed, better documentation in the customers file, and an opportunity to facilitate agency growth are all ben-efits of using exposure questionnaires and coverage checklists. If check doesn’t mark the spot for all of your agency’s employees, it should.

Use the VRC

One new way to keep those E&O expo-sures down is to utilize the Big "I" Virtual Risk Consultant (VRC). This tool, avail-able exclusively to Big "I" members, is a great resource for agency growth and risk control. Take a look at the features listed in the table to the right or contact Paul Pelt at the Insurors office by calling 615.515.2602 or e-mailing him at [email protected]. u

Introducing the Big “I” Virtual Risk Consultant (AVAILABLE EXCLUSIVELY TO BIG “I” MEMBERS)

Are you looking for affordable industry specific-risk assessment tools and checklists to increase agency growth and reduce your E&O exposure? The Big “I” Virtual Risk Consultant (VRC) is a web-based resource just introduced and available exclusively

to Big “I” members that will:

Improve the knowledge and professionalism of agency staff, creating op- portunities for growth. Provide agency staff with tools that will allow them to better understand the coverage needs of customers and assist them in meeting those needs, all while offering valuable file documentation should an E&O claim arise. Provide promotional content to more effectively market the agency’s ser- vices and demonstrate knowledge. Avoid E&O claims relating to failure to identify customer exposure and failure to offer proper coverage.

Products similar to the VRC can cost thousands of dollars. Big “I” members can sub-scribe to the VRC today at the incredibly low cost listed below:

Agency Size (per state): Annual Subscription Price:4-Year Prepaid Subscription

Price:

Up to 15 users per agency $250 $750

> 15 users per agency $500 $1,500

Transform the way your agency serves customers- purchase the VRC today! Visit www.iiaba.net/VRC.

Big “I” Virtual Risk Consultant Powered by Rough Notes www.iiaba.net/VRC

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50 The Tennessee Insuror

to the level of First Amendment protection business representa-tives will receive when they write or respond to a blog. The an-swer is not yet clear. As this area continues to develop, you would be well served to consult with legal counsel experienced in First Amendment law for guidance on creating the agency’s policy re-garding the content you will permit on blogs on your agency’s behalf. Loss Control Tip:

Consult with qualified legal counsel for guidance on the agen-•cy’s policy on blogging.

Privacy Issues

Closely tied to defamation is public disclosure of private facts, which occurs when someone reveals information that is not of public concern, and the disclosure of the information would be offensive to a reasonable person. The interactive spaces on social networking sites are not secure spaces for discussing personally identifiable information.

Agency Procedures for Social Web Use

Agency procedures for social networking should require employ-ees to keep their discussions professional and they should distin-guish between statements of fact versus those of opinion. Com-ments that can be construed as leading or participating in attacks on either individuals or businesses should be avoided.

Employees should limit their focus to a generalized discussion of an insurance topic. When a discussion becomes specific as to an identifiable risk or individual, it is no longer appropriate for an interactive space, and should be moved offline. Once moved offline, a discussion specific to an identifiable risk or individual should then move into the agency’s established workflow pro-cess. This provides the standard servicing and documentation that would occur had this discussion taken place in person, via phone or within email.

Loss Control Tip:Establish written agency procedures addressing employee use •of social networking sites, including:

Who within the agency has permission to participate •on behalf of the agencyDefine acceptable behavior (professional, fact versus •opinion, no leading or participating in attacks on in-dividuals or businesses)Employee sites should make clear they reflect their •own views and not those of the agency Identify when a discussion should be moved offline •and into agency workflowState the consequences of non-compliance.•

Incorrect Advice

Agencies face exposure every day when rendering or failing to render professional services. Operating in the virtual world of the

social web is no exception. Whether it is the advertising of agency services provided as part of the agency home page or comments made in a chat area discussion, the standard of care in providing professional services is no less than what exists in more tradition-al venues.

The standard disclaimers used on your agency’s voice mail, email, and website also should be used on social networking sites. The same agency procedures your staff follows regarding risk analysis, recommendations, and documentation also apply to all content and discussions on social networking sites. As mentioned above, the interactive features of social networks do provide unique challenges. The written procedures your agency establishes to address social networking will not only guide agency staff behav-ior while using these sites, but will also help protect your agency against allegations of errors and omissions.

Loss Control Tips:Use standard disclaimers such as those used in voice mail, e-•mail, and on websiteBe clear in the agency’s procedures that established processes •and workflows apply to all discussions and service focused on an identifiable risk or individual or business generated through the social network site.

Armed with an awareness of the main errors and omissions ex-posures that can arise from use of social networking sites, you are almost ready to take advantage of the opportunities presented while still protecting your agency against unexpected exposures. But before getting started, give careful thought to what your goals are in using these tools. Do you plan to use sites such as Fa-cebook or LinkedIn more as another venue in which to advertise your agency? Or, are you considering jumping in with both feet and actively participating in or running an interactive discussion to generate new “fans” who can become prospects?

Once you have decided on your goals, consult with qualified le-gal counsel. By following the advice of qualified counsel that is specific to your planned use of these sites, and applying the loss control tips I just discussed, you will be ready to enjoy all the ben-efits of social networking with the peace of mind of knowing you have taken steps to mitigate the risks.

This article is intended only for educational or illustrative purpos-es and should not be construed to communicate legal or profes-sional advice. You should consult legal or other professionals with respect to any specific questions you may have. Further, the state-ments and/or opinions contained are those only of the author and do not constitute and should not be construed to constitute any statement, opinion or position of Swiss Re.

About the Author

Sabrena Sally, CPCU is Senior Vice President of Westport Insurance Corporation, a Swiss Re company, who manages the Big “I” Agency Professional Liability Program. Sabrena can be reached at [email protected]. Sabrena produced this article for the Agents Council for Technology (ACT). This article reflects the views of the au-thor and should not be construed as an official ACT statement. u

continued from page 39

Page 51: The Tennessee Insuror Sept/Oct09

51The Tennessee Insuror

The National Security Group has always been committed to helping others feel secure in times of need, and we’ve been doing just that for over sixty years. Our relationship with our policyholders is only equaled by our relationship with our agents, providing them with a partnership profi t sharing program and an award-winning web site that enables 24/7 realtime policy info, fast online quotes, and endorsement and policy dec page printing to name a few. Talk with us today and discover why thousands of policyholders depend on us to insure their world. Call1-800-239-2358 or visit us on the web at www.nationalsecuritygroup.com.

S E C U R I T Y

NOWAVAILABLE!

Vacant

Dwelling

Page 52: The Tennessee Insuror Sept/Oct09

American Summit Insurance Company

Serving the Independent Agent since 1948

ServiceRelationship

Dependability

800.749.6419 WWW.NATLLOYDS.COM

“I have been representing National Lloyds Insurance Company for the past 18 years. �e company is “A” rated and has an outstanding tract record for reasonable rates, top notch underwriters and an excellent support staff. Let me not forget a fast and reliable claims department.

�eir internet program is easy to quote, bind and issuance of coverage within minutes. Tracking of your commissions, cancellations, payments are at your finger tips. �e company has an excellent profit sharing program geared only to production and loss ratio.

Tom Stogner, PresidentStogner & Associates Insurance Agency

Dallas, Texas

“National Lloyds is the most stable company in our agency. �at stability, combined with ease of use and the best compensation plan of any carrier in our agency, makes them our company of choice!”

Rick Guest

Guest Insurance AgencyPlano, Texas

I have never regretted representing this outstanding insurance company.”

Working With YouWorking For You

“�anks for the business”

Sharon Pollan, ACSR, CISRCitizens Insurance Services

Abilene, Texas

“Within a span of 5 weeks, major storm damage occurred in both cities where our branch offices are located... We were so pleased with the process of reporting claims on the National Lloyds website. With a few keystrokes the claim was filed. We almost immediately received a confirmation that the claim had been assigned. Quick, Easy, and Efficient!”

“We’ve used National Lloyds for years. �ey’re great, down to earth people, and are extremely easy to work with.” Richard Keltner

Keltner Insurance, Inc.Memphis, Tennessee

Page 53: The Tennessee Insuror Sept/Oct09

The Insurors trade show is the largest exhibit hall for indepen-dent agents in Tennessee, and one of the largest in the South. This year over 50 companies will be showcasing products and services with agents in mind. So how can you be sure to get the most out of your trade show experience? Take a look at some of these helpful tips to maximize your exhibit hall day:

Prioritize

Before you even enter the Exhibit Hall on Sunday, the guide in-serted in this issue of the magazine is your key to prioritizing your time. Figure out a strategy of what booths you want to be sure to attend, and then work your way around the room with those as your main stops.

Don’t Get Stuck

Even if you find one exhibitor who really peaks your interest, try not to spend all your time at their booth. You may miss out on another opportunity that is even better.

Network

Don’t just talk to someone at a booth and then move on to the next stop, trade business cards or other info and consider set-ting up follow up appointments for the exhibitors that you are most interested in. There are also networking opportunities on Sunday and Monday night where you may be able to reconnect with these potential business partners.

Try Something New

Once you have visited your main priority booths, consider stop-ping by a few that you don’t recognize, you never know what you might find to help your agency.

Visit What’s Left

With a full five and a half hours of showtime, they isn’t any rea-son that you can’t make it to all the booths if you want to have the full experience. Your ticket insert (the perforated card inside the exhibitor guide) can help you keep track of which booths you have already visited.

So, keeping all this in mind, you should be ready to plan a suc-cessful day in the Exhibit Hall, and be ready to see your agency grow as a result! u

Get the Most From Your Time in the Exhibit Hall

Member Tips

by Daniel Smith, Director of Communications

AND IT’S JUST ARRIVED. At Truckers Insurance Associates,

exceptional customer service is more than

a goal. It’s a promise we’ve delivered on

every day for the last 65 years. Truckers now

o�ers the full Northland program of Fleet

and Non-Fleet Trucking, Public Auto and

Business Auto in your area — along with

options from companies such as AESIC,

Carolina Casualty, Zurich/Empire, Maxum

Casualty, The Hartford and Dakota Truck

Underwriters. So, check out what Truckers

can do for you today. Get complete

details on coverage territories and our

ever-expanding o�erings when you visit

truckers-insurance.com/partner or call

an Account Manager at 800-652-9515.

WE DELIVER MORE

www.truckers-insurance.com/partner 800.652.9515

It’s Big. It’s Powerful.

Page 54: The Tennessee Insuror Sept/Oct09

Directory of Advertisers Advertiser Phone Website Page

ACUITY (800) 242 - 7666 www.acuity.com 40

Allied Insurance (352) 384 - 4186 www.alliedinsurance.com 34

Amerisafe (866) 719 - 0267 www.amerisafe.com 12

Amerisure Insurance (800) 257 - 1900 www.amerisure.com 27

Arlington/Roe & Co. (800) 878 - 9891 www.arlingtonroe.com 22

Auto-Owners Insurance (517) 323 - 1200 www.auto-owners.com 18

Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 2

Bituminous Insurance (800) 342 - 5786 www.bituminousinsurance.com 51

BlueCross BlueShield of Tennessee (865) 588 – 4612 www.bcbst.com 55

Builders Mutual (800) 809 - 4859 www.buildersmutual.com 28

Centralia + South & Western (800) 467 - 2600 www.centraliains.com 24

Consumers Insurance (615) 896 - 6133 www.ciusa.com 17

Crump (800) 262 - 7867 www.crumpins.com 15

EMC Insurance (800) 239 - 2005 www.emcinsurance.com 47

FCCI Insurance Group (800) 226 - 3224 www.fcci-group.com 16

Financial PSI (800) 456 - 5191 www.financialpsi.com 33

FirstComp Insurance (888) 500 - 3344 www.firstcomp.com 48

General Casualty Companies (800) 334 – 0241 www.generalcasualty.com 7

Grange Insurance Companies (800) 422 – 0550 www.grangeinsurance.com 30

Guard Insurance Group (800) 673 - 2465 www.guard.com 49

Hanover Insurance Company (615) 517 - 1681 www.hanover.com 38

Harbor America East (800) 845 - 5695 www.hapeo.com 46

Harford Mutual Insurance Company (800) 638 - 3669 www.harfordmutual.com 12

Haulers Insurance Company, Inc. (800) 346 - 6071 www.haulersinsurance.com 34

Independent Agents Alliance of Tennessee (931) 526 - 9093 www.iaatn.com 31

Individual HealthCare Specialists (866) 661 - 6500 www.ihstn.com 36

InsBank/Finworth Mortgage (866) 866 - 2265 www.insbanktn.com 11

Johnson & Johnson (931) 704 - 0810 www.jjins.com 23

Lemic Insurance Company (225) 201 - 0107 www.lemicins.com 37

London American Risk Specialists (713) 977 - 7726 www.londonamericantx.com 26

MiniCo Insurance (800) 447 - 8383 www.minicoinsurance.com 41

Montgomery Insurance/Safeco Insurance (800) 613 - 4170 www.montgomery-ins.com 9

National Lloyds Insurance Company (800) 749 - 6419 www.natlloyds.com 52

National Security Group (800) 239 - 2358 x 267 www.nationalsecuritygroup.com 51

North Alabama Insurance (800) 824 - 1740 www.nai1983.com 35

Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56

Preferred Comp of Tennessee (888) 922 - 2258 www.preferredcomp.com 43

Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 44

Progressive (877) 776 - 2436 www.progressiveagent.com 33

Southern Cross Underwriters (800) 824 - 4403 www.scui.com 19

Summit Holdings (800) 971 - 2667 www.summitholdings.com 24

Tapco Underwriters (800) 334 - 5579 www.gotapco.com 13

Tennessee Agents Alliance Group (888) 320 - 0294 www.taagtn.com 23

Tennessee Underwriters, Inc. (615) 791 - 1400 www.tnund.com 29

Travelers Insurance (615) 660 - 6015 www.travelers.com 45

Truckers Insurance (800) 652 - 9515 www.truckers-insurance.com/partner 53

© 2008 BlueCross BlueShield of Tennessee, Inc. is an Independent Licensee of the BlueCross BlueShield Association.

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© 2008 BlueCross BlueShield of Tennessee, Inc. is an Independent Licensee of the BlueCross BlueShield Association.

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Insurors of Tennessee2500 21st Avenue South, Suite 200P.O. Box 120539Nashville, TN 37212

Listening is big at our company. We listened to our agents and developed simple,

real-time automation for quoting personal auto

and home. We listened to our commercial

lines agents and developed BOP, Inland Marine

and Commercial Auto products that offer

comprehensive coverage at a great price.

And, our agents tell us that when it comes to

considering an unusual account, we’ll listen

and evaluate all the merits of a risk before

making a decision.

Big

Visit us at www.PennNationalInsurance.com to find out how you can become an agent with big opportunities for growth.

What do you expect from your insurance carriers?

Listeners

PRSRT STDU.S. Postage

PAIDNashville, TN

Permit No. 380