April 2016

GREEN MOUNTAIN AGENT

A PUBLICATION OF VERMONT INSURANCE AGENTS ASSOCIATION

Green Mountain Agent is a publication of

600 Blair Park Road Suite 100 Williston, VT 05495 Phone: 802-229-5884 Fax: 802-876-7912 www.viaa.orgVIAA OfficersPresident Daniel LussierVice President Peter RichardsSecretary/Treasurer Erin OdellIIABA & PIA State National Director Ron Bixby

DirectorsChip AmsAlan KinneyPaul Plunkett

Staff Executive Director Mary Eversole meversole@viaa.org

GMA Publication DesignThorin Markison thorinmarkison.com

In This Issue:April 2016

4 Message from the President6 Donegan to Step Down as

Vermont Commissioner8 Legislative Update: Green Light Red Light10 Young Agents News Brief13 Help Wanted

Features

19 Selling Success: The Magic 7

21 Never Misrepresent Policy Coverages on a COI24 The 2015 Claim Trend of Most Concern

News

26 ACUITY28 ACUITY29 Vermont Mutual30 Ohio Mutual32 Big I 2016 Product Guide

Are you trying to reach Vermonts Independent agents?

Do you have a great ad that represents your company and have nowhere to place it?

Are you looking to hire?

Place your ad in VIAAs monthly publication and have the opportunity to advertise and market to Vermonts Independent Agents.

Questions on how to place an ad?

Contact Mary Eversole at meversole@viaa.org for placement options and advertising rates.

Vermont Insurance Agents Association ATTN: Advertising/ PO Box 1387/ Montpelier, VT 05601

4Message from the President

Praise for the House Commerce and Economic Development Committee

Since the beginning of the legislative session VIAA has been advocating for the passage of H. 867 an act relating to classification of employees and independent contractors. We all know that Vermonts current definition of independent contractor is widely viewed as confusing and unworkable for many of our clients. This is especially true for general contractors who live with great uncertainty if they will be held responsible for workers compensation premium or claims from subcontractors who operate as independent businesses. H. 867 clearly defines an independent contractor and removes confusion for employers, especially general contractors. We applaud the House Commerce and Economic Development Committee for passing this bill unanimously. Wed also like to thank our members for answering the call to action urging your representatives to pass this important legislation. It helped raised the urgency of the issue on the house floor when the bill was stalled.

The legislative session is expected to end early this year. It is an election year after all. Time and lack of understanding about our broken system is working against us. The independent contractor definition is our perennial issue. Rest assured we will be back at next year.

Dan Lussier, VIAA President

6Donegan to Step Down as Vermont Commissioner

Susan L. Donegan, who has been serving as commissioner of the Vermont Department of Financial Regulation (DFR) for past three years, will step down from her position. Donegans last day in office will be June 30, according to a department spokesperson.Donegan has met with Vermont Gov. Peter Shumlin and then informed the DFR staff of her plan to step down, said DFR Information Management Officer Dale Schaft.

Donegan is an attorney with broad subject-matter knowledge of financial services regulation. She worked at DFR from 1985 to 1990 and was the departments first director of securities regulation. She was later counsel to the commissioner and hearing officer at the Massachusetts Division of Insurance from 2008 to 2011.In 2011, she returned to Vermont to become deputy commissioner of the Insurance Division at DFR. She was appointed commissioner in January 2013, when then-Commissioner Stephen Kimbell retired. She was reappointed as commissioner in January 2015. In Vermont, the governor is elected every two years and all department and agency heads are reappointed after each election cycle even if the governor is re-elected.

As commissioner of DFR, Donegan has served as the chief regulator of Vermonts financial services industry. The department supervises traditional and captive insurance companies and their representatives, state-chartered banks and credit unions, licensed lenders and brokers and all other non-depository financial institutions, as well as securities broker dealers and investment advisors.Donegan is also vice-chair of the International Insurance (G) Committee, a member of the Market Regulation and Consumer Services (D) Committee, chair of the Northeast Zone and a member of the Executive Committee at the National Association of Insurance Commissioners (NAIC).

Attribution: Insurance Journal, March 30, 2016

Susan Donegon

May 26th, 2016

5th ANNUAL INSURANCE INDUSTRY MIXER

Join Vermont Insurance Professionals from across the Champlain Valley for an evening of networking with fellow professionals from within the industry.

Thursday May 26th, 2016 5:00 pm 7:30 pm with hospitality suites to follow

At The Essex Vermonts Culinary Resort & Spa

70 Essex Way, Essex (Burlington), VT 05452 Registration is $15 per person in advance/$20 per person at the door

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Our official invite will be going out in early April, but if you want to register in advance, you can send your name (s) and check made payable to CVAIP to:

Robin Faraone, c/o Hickok & Boardman Insurance, PO Box 1064, Burlington, VT 05402-1064

8Legislative Update: Green Light Red Light

A bill to clarify the rules governing independent contractors, H.867, which passed the House Commerce and Economic Development Committee unanimously, has stalled in the House, and its prospects for passage look increasingly dim.Floor debate on the measure had been postponed until March 31 pending review by the pro-labor General, Housing and Military Affairs Committee. During that hiatus, representatives of organized labor successfully sowed doubt about the measure among House Democrats. When the bill came up for consideration on the 31st, House Speaker Shap Smith abruptly recommitted the measure back to the Commerce Committee. With a Democratic Caucus sharply divided over the bill, House leaders were eager to avoid having a very public intra-party dispute play out on the House floor.

Speaker Smith made a highly unusual appearance before the committee that afternoon to explain his action. Smith said he did not believe the Senate would consider the bill in its current form, and he wanted to pass a bill that is a solution and not a statement. He directed the committee to try and craft a bill that would pass the Senate. That directive was met with strong resistance by committee Republicans and at least one Democrat, who said they had written the best bill they could, and it was not their job to figure out what the Senate might accept.

An agreement between the business community and organized labor seems doubtful. Labor has argued that the bill would undermine the rights of employees by allowing employers to wantonly convert employees into independent contractors, but that claim fails to withstand any objective analysis given the strict criteria that would remain. H.867 would repeal one of the criteria for acting as an independent contractor that many businesses have found

impossible to meet. Under existing law, if a person works within the nature of a general contractors business, he or she is considered to be an employee of that business. H.867 would repeal that standard but retain a rigorous test requiring that an independent contractor: Remain free from the direction and

control of the employing unit;

Control the means and manner of the work performed;

Operate a separate and distinct business; Hold itself out as in business

for itself; and

Offer its services to the general public.Under that definition, few employers are likely to convert their workforce into independent contractors. But this is not an issue where facts and logic carry the day.

John Hollar

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CONSIDER THIS:Existing homeowners and auto insurance may not be enough to cover a lawsuit or judgment. A personal umbrella policy will substantially increase your customers overall liability coverage beyond the basic coverage provided under homeowners and auto insurance policies.

A SMART WAY TO PROTECT YOU AND YOUR FAMILY. Youll find an RLI personal umbrella policy is a good idea.

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10

The Vermont Young Agents Committee has been busy promoting the Vermont Jr. Golf State Qualifying Tournament, which will be held on June 5, 2016 at the Orleans Country Club. Aislyn Vaughn, NFP, Kody Lyon, Noyle Johnson Group and Michael OLeary from Kinney Pike will travel to the Big I Legislative Conference in Washington, D.C. later this month. Look for the VT Young Agents Committee at a Career Fair near you. NEXT MEETING: The next quarterly meeting will be held May 19th at The Richards Group in Brattleboro. Interested In Joining? Questions? please email Kerri OConnor, Vermont Young Agents Committee President.

VT YAC 2016 CALENDAR OF EVENTS*

April 13 -1 5 Big I Legislative Conference Washington, DCMay 19 Quarterly Meeting Brattleboro, VTJune 5 Trusted Choice Jr Golf

Tournament QualifierOrleans, VT

August 25 Quarterly Meeting Montpelier, VT September 8 VIAA Annual

Business MeetingMontpelier, VT

September 9 -10 YAC Leadership Conference Chicago, ILSeptember 22 23 VIAA Convention Burlington, VTOctober 3, 10, 17 CPIA Designation Williston, VTNovember 17 YAC Annual Meeting Williston, VTDecember 3 Young Agent Holiday Party TBADecember 7 CPIA Refresher Williston, VTTBA Young Agents Fun Day TBA

Dates, times and events are subject to change. Additional events will be added throughout the year. Check for updates via emails and the Vermont Young Agents Facebook Page.

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13

The Youth Safety Council of Vermont presents an eye-opening educational program, Turn Off Texting, that travels to schools throughout the state, creating first-hand experiences of the dangers of texting while driving. Students navigate a golf cart through a course of traffic cones, then drive the course a second time while texting. Their errors -- the cones that they run into while texting (pedestrians! parked cars!) make the dangers of texting and driving plain to understand. The YSC Turn Off Texting program is free to schools throughout Vermont, thanks in part to funding from the Governors Highway Safety Program and generous sponsors.

The Youth Safety Council of Vermont seeks a teen-savvy presenter with a good driving record for its Central & Northern VT Turn Off Texting driving safety demonstration, our second presenter position for this popular program. Part time seasonal position with varied hours requires daily travel. Qualified candidates will be ok with a flexible schedule, comfortable working with adolescents and teachers, have good communication skills, and be willing to travel within Vermont using their own vehicle (6 cyl. minimum) to tow a trailer. Compensation includes an hourly wage and mileage reimbursement. See yscvt.org and a video overview of the program at https://youtu.be/x2PfYWSmt-Y. Send a resume and information about schedule availability to info@yscvt.org.

HELP WANTED: YOUTH SAFETY COUNCIL of VERMONT

14

THE MEETING SPACE YOUVE BEEN LOOKING FOR

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10 Reasons to Attend the Big IYoung Agents Leadership InstituteSeptember 24-25 at the Fairmont San Francisco Find answers to social media questionsfrom time management to ROI Find out how to tap your inner creative side to increase sales Make connections with other young agentsshare your successes and challenges Hear from top insurance carrier executives on issues important to your agency Network with industry and association leaders Take away tools to help you work smarter Discover new marketing best practices Spend time with good friends and get great ideas Play a little jeopardy with our friends from the ACT Check out the sights and sounds of San Francisco, Calif.

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Perpetuatethe Industry?Check.

Dont wait until the office is empty to find new talent support InVEST and find new recruits now. InVEST is a free, classroom to career program designed to increase awareness of the insurance industry with high school and college students. And, InVEST has been making huge strides over the last year. With a new student center, career center and more scholarship dollars than ever before, InVEST is touching more and more students daily. InVEST, a 501 (c)(3) non-profit, is supported by financial contributions from insurance companies and individuals, in addition to the active involvement of hundreds of insurance professionals. For volunteer and donor opportunities visit www.investprogram.org.

www.independentagent.com/events

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19

Phil Shuman

Why do only 20% of salespeople close 80% of the business? Often the difference between mediocrity and great success in selling comes down to applying simple, practical disciplines and executing them consistently. Nothing more scientific than that!

One key area that will improve your results significantly is understanding that on average it takes between five to seven follow-up touches with a prospect following the initial outreach to close a sale. Consider these statistics: 80% of all prospects convert into clients after the fifth point of contact. Yet 48% of salespeople never follow up with a prospect and only 10% of salespeople make more than three touches! Why? More often than not it takes a little more discipline and organization to follow through. Salespeople can be great at reaching out initially, hoping to nail the sale on the first attempt but odds are not in that salespersons favor: only 2% of sales are made on the first point of contact and still only 10% are made on the fourth contact.

So the simple, yet incredibly powerful tip to keep in mind at all times is the golden rule of 7 Touches. If you strive for the magic seven on each prospecting call and dont give up on the second, third or fourth touch, your sales will significantly increase.

This doesnt mean just notching up another touch by calling back the prospect to just check-in after theyve said theyre not ready to buy (or any variety of other reasons they may have given all which mean they dont yet see the value youre offering or its not clear to them how youre solving specific problems they have.) If you simply check-in the prospect will thank you for doing so and the call will end. You will have added a touch but will not have moved the sales process any further along towards the close. Every point of outreach whether its in person, on the phone or by email should be adding additional value, building rapport and trust, decreasing the prospects feeling of resistance, obtaining mini agreements and moving the sales process closer to the point where they say yes!

Adopt the Magic 7 rule in your prospecting efforts and youll quickly see greater results, close more business and most importantly help more clients!

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21

By Bill WilsonA number of Ask an Expert questions illustrate a common misunderstanding of indemnification in the commercial general liability policy, specifically regarding the difference between an indemnitee and an additional insured. If youd like some clarity, check out the Big I Virtual University (VU) article Additional Insured vs. Indemnitee.Q: I write CGL for a contractor based in Mississippi and working in Mississippi. The owner is a public entity, specifically a school system, and the owners attorney requires inserting this phrase on the certificate of insurance: All of the Contractors contractual liabilities, including but not limited to its indemnity obligations, are covered by the Commercial General Liability policy.The general contractor has provided a 100% performance and payment bond for the project in favor of the owner and has also purchased a builders risk policy for the full value of the work. We have a superb general contractor with a long history of completed projects and happy owners. Regardless, it seems as though the owners counsel is trying to turn the CGL into a bond. Is this assumption correct? What are the potential repercussions of adding such language to a COI?

A: Even bonds wouldnt comply with this statement. The attorney clearly does not understand the contractual liability coverage under the ISO CGL policy. Putting this statement on the COI would, in my opinion, violate the following excerpts from this March 24, 2009 Mississippi regulatory directive: The Mississippi Department of Insurance issued Regulation 2009-1 entitled General Property and Casualty Binders, Certificates of Insurance or Indemnity Agreements. The requirements of this regulation include:

A. No insurer or producer may issue a binder, certificate of insurance, indemnity agreement or any other similar type of instrument which either affirmatively or negatively amends, extends or alters the coverage provided by its approved issued forms and endorsements.

D. No binder, certificate of insurance, indemnity agreement or any other similar type of instrument shall contain references to construction or service contracts or insurance requirements for the purpose of defining or amending coverage afforded by the policies to which the certificate makes reference. No certificate of insurance may be used to define, amend, extend, restrict or alter coverage afforded by the policies to which the certificate of insurance makes reference.

E. No insurer or producer doing business in Mississippi shall have the authority to issue an Agents Opinion Letter or any other similar correspondence purporting that an insurance policy provides coverages which the policy does not provide.In addition, in most states, it is illegal to misrepresent insurance policy terms. This clearly does and could likely violate fraud statutes. In many states where our model COI bill has been passed into law, asking someone to perform an illegal act is illegal itself.You cant make that statement because its not true for any CGL policy Ive ever seen.

Bill Wilson is director of the Big I Virtual University.This question was originally submitted by an agent through the VUs Ask an Expert Service. Answers to other coverage questions are available on the VU website. If you need help accessing the website, email logon@iiaba.net to request login information.

Never Misrepresent Policy Coverages on a COI

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24

The 2015 Claim Trend of Most Concernby Curtis M. Pearsall, CPCU, AIAF, CPIA

President Pearsall Associates, Inc., andSpecial Consultant to the Utica National E&O Program

With 2015 firmly in the books, it is interesting to review the Agents Errors and Omissions (E&O) claim trends. Claim severity, the ultimate cost of an E&O claim, is rising. Claims frequency, the number of E&O claims per 100 agencies, remains in excellent shape. However, failure to mirror the coverage of the previous policy continues to generate more than its share of E&O claims.

An E&O claim exampleThe claimants initial homeowners policy included an endorsement extending liability coverage for the clients rental dwelling. When the client bought a new house, the initial policy was canceled and rewritten with a different carrier and did not include the extended liability coverage for the rental dwelling.

The underlying claim involved a two-year-old who fell down the basement steps at the rental dwelling and subsequently died. The childs estate pursued a wrongful death action against the agencys client, alleging negligence for failure to have railings on the stairway. When the claim was submitted to the homeowners carrier, it was denied due to the lack of the extended liability endorsement. This prompted an E&O action against the agency with the allegation of failure to mirror the coverageof the previous policy.

Point out the differencesAsk most agents when was the last time they moved an account to a new carrier and more often than not, the answer will beyesterday. As accounts are moved to a new carrier, it is definitely possible that the coverage with Company B is not as broad as Company A. How do you minimize the chance of being sued when coverage is not equivalent? Bring the differences, especially the reductions, to the clients attention and secure their sign-off. This documentation will be key if a claim occurs and the client finds out they didnt have the coverage they thought they did.

More common areas in which there can be coverage differences include:

sub-limits; who is an insured; coverage grant; what is excluded; and specific endorsements; the carriers financial rating.On E&O policies, the covered professional services can vary greatly from one carrier to another.

Perform the mirror testHaving an agency staff member give the policies a quick once-over is not comprehensive enough to identify any gaps or problems with policy issuance. It is best for agencies to use a checklist that is completed and saved in the system. The checklist should be broken down by overall issues, (e.g., named insured, additional insureds, address, effective and expiration dates, policy number, etc.) and by line of business. For whatever reasons an account is switched to a new carrier, agents should perform the mirror test to see whether replacement coverage is equivalent to the previous policy and, if not, should point out the differences in writing to the customer. It could just save the agency from a big E&O headache down the road.

VIAS offers the most prestigious Errors & Omissions carrier(s) in the country:Westport Insurance Company & Utica National Insurance Group

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For a quote or for more information contact Helen Collins at hcollins@viaa.org or 1-844-609-1481www.iiaba.net/eohappens

VIAS is a subsidiary of Vermont Insurance Agents Association viaa.org

26

Company News

ACUITY Moves Into The Top 2 In Fortune 100 Best Companies To Work For

ACUITY moved up to number 2 in the entire nation on the 2016 FORTUNE 100 Best Companies to Work For list. This is the second consecutive year ACUITY was named to the large-company list and a spot in the top three. We are tremendously honored and proud to move up to number 2 in the FORTUNE 100 Best Companies to Work For list, and the credit for this accomplishment goes to our people, said Ben Salzmann, ACUITY President and CEO. Our knowledgeable, experienced, and enthusiastic people make the difference in delivering on the promise we make as an insurer. Their enthusiasm is the most important component of creating a great workplace and maintaining the culture for which we are known.

The FORTUNE 100 Best Companies to Work For list recognizes businesses that have exceptional workplace cultures. In compiling the annual ranking, Great Place to Work evaluates companies using its unique methodology based on five dimensions: credibility, respect, fairness, pride, and camaraderie. Great Place to Work has found that employees believe they work for great organizations when they consistently trust the people they work for, have pride in what they do, and enjoy the people they work with.Have Fun is a core value at this property and casualty insurer. Four ping-pong tables and a popcorn machine sit outside their cafeteria. Their summer family picnic is packed with rides, $250 door prizes, an adult casino, and human foosball. The lucky winner of Bossy Bingo left the festival with $5,000. Selfie days and beach bashes come together with high salaries (an average of $16K above industry average) and generous merit increases. Their

Sheboygan headquarters boasts the countrys largest flagpole at 400 feet, cited FORTUNE.

Being a best workplace is a key reason ACUITYs growth rate over the past 15 years is more than twice as high as its industry peers. It is also a factor in ACUITYs low voluntary turnover rate and in the service excellence for which the company is known. Being a great place to work is not just about how we treat employees. Its not about gifts, facilities, or workplace perks. Its about how employees treat each other and believe in who we are, said Joan Ravanelli Miller, General Counsel and Vice President - Human Resources.

ACUITY, headquartered in Sheboygan, Wisconsin, is a property and casualty insurer that operates in 24 states, generates over $1.3 billion in revenue through 1,000 independent agencies, and manages over $3.7 billion in assets. Named the #3 large company to work for in America, ACUITY employs 1,200 people.

IMPERIAL PFS IS PLEASED TO ANNOUNCE OUR NEW PARTNERSHIP WITH VIAA.IMPERIAL PFS AND VIAA ARE WORKING TOGETHER TO CUSTOMIZE FINANCE PROGRAMS FOR MEMBER AGENCIES.

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28

Company News

Dick Riley Named to ACUITY Board of Directors

Richard F. Riley, Jr. (Dick) is the newest member of ACUITYs Board of Directors. Dick is a tax partner in the Washington, D.C., office of the law firm Foley & Lardner LLP, which is headquartered in Milwaukee. Dicks areas of expertise in his law practice include tax and corporate matters for property and casualty insurance companies such as ACUITY.It is a real honor to join the Board of Directors of ACUITY, Dick said. The company has a stellar reputation as a leader in the insurance industry for financial success, customer service, agent relations, and as a great place to work. I am grateful for the opportunity to join the ACUITY team and to help maintain and grow its success from the corporate governance standpoint.

Dick is a native of Mississippi. He is a graduate of Yale University and Duke University School of Law. Dick has practiced law in Washington, D.C., for over 30 years as an associate and partner of the Foley & Lardner law firm and its predecessor firms. He has represented and advised insurance companies on tax and corporate matters throughout his career, and was a member of the Foley team that represented ACUITY in a successful case in the U.S. Tax Court in 2013.

Dick is active in the Tax Section of the American Bar Association, where he serves as a subcommittee cochair, and in insurance

industry associations such as the Property Casualty Insurers Association of America. Dick is active in civic and charitable organizations, including current service on the boards of Legal Counsel for the Elderly, which provides legal assistance to low-income elderly residents of Washington, D.C., and The Riley Foundation, a charitable grant-making foundation in his home town of Meridian, Mississippi.Dick lives in Charlottesville, Virginia, with his wife, Mimi, a law professor at the University of Virginia. They have a daughter and two sons.

Dick Riley

29

Company News

Vermont Mutual Introduces myVM, a New Customer Web Portal

Vermont Mutual Insurance Group recently introduced its latest web initiative, myVM (myVM.vermontmutual.com). The new myVM customer portal is designed to give Vermont Mutual policyholders greater access to vital information about their policies with the Group.As customer expectations evolve, we need to evolve with them said Mark McDonnell, Vermont Mutuals Senior Vice President. We believe the 24/7 functionality provided by myVM, along with the expert guidance and service customers can only get from an independent agent, is a combination that cant be beat.

The new myVM offers Vermont Mutual policyholders a safe and secure way to follow the status of a claim, access their policy information, even print ID cards. The new web portal also features a responsive design, allowing visitors access to myVm from any device.In addition to the excitement around what the introduction of myVM means to our

customers, were very proud to have developed this new tool entirely in-house said Joanne Currier, Vermont Mutuals Vice President of IT. The experience gained through that process positions us well as we undertake future projects aimed at enhancing a customers overall experience with Vermont Mutual.

Additional features of myVM include the ability to receive optional convenience reminders via text or email. Vermont Mutual convenience reminders are designed to make it easier for policyholders to remember important yearly events, such as a license renewal, vehicle registration or even the birthday of a special someone.The new myVM is available to customers of Vermont Mutual, Northern Security Insurance Company, Inc. and the affiliated Granite Mutual Insurance Company.

30

Company News

Ohio Mutual Restructures Executive Team

Ohio Mutual has announced a restructuring of the companys management team, resulting in the promotion of three of the companys current leaders.When I joined the company six months ago, one of the many things that attracted me was the strong team of leaders already in place at the company, said President & CEO Mark C. Russell. Even with the recent retirements of several tenured senior leaders, I knew that Ohio Mutual had a number of strong leaders to guide the organizations future growth, and Im pleased to elevate this new generation of senior leadership for the company.

The promotions are effective immediately and are as follows: Gary Johnson has been promoted from Assistant Vice President of Business Insurance Underwriting to Vice President of Commercial Lines Underwriting. Johnson joined Ohio Mutual in 2010 as Commercial Lines Underwriting Manager, having previously served in several roles over 25 years at State Auto Insurance Company, and was

promoted to AVP in May 2011. In his new role, Johnson will continue to direct the companys commercial lines and farm lines efforts.

Chad Combs has been promoted to Vice President of Personal Lines Underwriting. Combs joined Ohio Mutual in June 2014 as Assistant Vice President of Personal Lines Underwriting, and will continue to lead the companys personal lines efforts in his new role. Prior to joining Ohio Mutual, Combs served as Director of Standard Auto Underwriting for Nationwide Insurance, with additional experience in product management and strategic planning. Howie Barber has been promoted to Vice President of Sales, from his current position as Assistant Vice President of Sales. Barber originally joined Ohio Mutual as a Regional Sales Manager in August 2012, and was promoted to AVP in November 2012. His previous experience includes more than three decades with Westfield Insurance, Providence Washington Insurance Company, and Shelby Insurance.

Helen Collins hcollins@viaa.org

Alison Jones (978) 933-4187 | alison.jones@meadowbrook.com | www.meadowbrook.com

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