Wisconsin Independent Agent | August 2021 Magazine by Independent Insurance Agents of Wisconsin

wisconsin INDEPENDENT AGENT AUGUST 2021

A GUIDE TO YOUR BIG “I” NATIONAL MEMBER BENEFITS

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CONTENTS

wisconsin INDEPENDENT AGENT

COVER STORY: A Guide to Your Big “I” Member Benefits Being part of the IIAW means you are a Big “I” member. You have access to all Big “I” resources. The Big “I” has an entire suite of programs and resources covering all areas of an agency’s operations. Stay tuned for our next magazine which will give you a comprehensive guide to your IIAW member benefits!

PAGES:

5-15

RISKY BUSINESS.............................................................................17 Big “I” Professional Liability Program: A Resource You Can Rely On

MEET THE TEAM...........................................................................18

INDEPENDENT INSURANCE AGENTS OF WISCONSIN 725 John Nolen Drive Madison, Wisconsin 53713 Phone: (608) 256-4429 Fax: (608) 256-0170 www.iiaw.com

2020-2021 EXECUTIVE COMMITTEE President:

Darrel Zaleski | Spectrum Insurance Group, Eau Claire

President-Elect:

Marc Petersen | American Advantage - Petersen Group, New Berlin

Secretary-Treasurer:

Nick Arnoldy | Marshfield Insurance Agency, Inc., Marshfield

Chairman of the Board:

Chris Costakis | Midwest Insurance Group, Delafield

State National Director:

Steve Leitch | Leitch Insurance, River Falls

Meet the New IIAW Team Members, Ian Tisonik and Jeff Thiel

2020-2021 BOARD OF DIRECTORS

MARKETING....................................................................................20

Mike Ansay | Ansay & Associates, Port Washington

Amplify Your Marketing with Trusted Choice

AGENCY OPERATIONS................................................................22-23 Don’t Throw Away Your Vacation Days

HOMEOWNERS’..............................................................................26-28

Mike Harrison | R&R Insurance Services, Inc., Waukesha Aaron Marsh | Marsh Insurance Services, Inc., Rice Lake Dan Lau | Robertson Ryan & Associates, Milwaukee Joanne Lukas Szymaszek | Johnson Insurance Services, LLC, Racine Chad Tisonik | HNI Risk Services, LLC, New Berlin

Unintended Consequences: What the Surfside Condo Collapse Means to Agents and Underwriters, Plus Some Lessons Learned

Andrea Nelson | Unisource Insurance Associates, LLC, Wauwatosa

GOVERNMENT AFFAIRS.............................................................30-31

IIAW Staff

Industry Seeks to Update Wisconsin Municipal Raze Order Law

Matt Banaszynski | Chief Executive Officer 608.256.4429 • matt@iiaw.com

THANK YOU......................................................................................31-35 Thank You to our Partner-Level Supporting Company Members

MEMBERS IN THE NEWS..............................................................36-37 COMMENTARY FROM COUNSEL...............................................38 Wisconsin’s New Insurance Data Security Law

FOOD FOR THOUGHT....................................................................39

ADVERTISERS INDEX AAA......................................................................2 Badger Mutual Insurance............................39 Berkshire Hathaway GUARD....................21 EMC Insurance.................................................25 Erickson Larsen...............................................23 IMT........................................................................40 Penn National...................................................13 Robertson Ryan & Associates..................39 Society Insurance...........................................19 UFG.......................................................................2 West Bend..........................................................29 Western National............................................4

Jonathon Zwettler | Baer Insurance Services, Middleton

Mallory Cornell | Vice President and Director of Risk Management 608.210.2975 • mallory@iiaw.com Kim Kramp | Association and Agency Accounting Manager 608.210.2976 • kim@iiaw.com Trisha Ours | Director of Insurance Services 608.210.2973 • trisha@iiaw.com Kaylyn Zielinski | Marketing and Communications Coordinator 608.210.2977 • kaylyn@iiaw.com Evan Leitch | Agency Solutions Advisor 608.210.2971 • evan@iiaw.com Jeff Thiel | Director of Agency Success 608.256.4429 • jeff@iiaw.com Ian Tisonik | Agency Solutions Coordinator 608.256.4429 • ian@iiaw.com Andrea Michelz | Membership Engagement Coordinator 608.210.2972 • andrea@iiaw.com Diana Banaszynski | Education Coordinator 608.256.4429 • diana@iiaw.com

Wisconsin Independent Agent is the official magazine of the Independent Insurance Agents of Wisconsin (IIAW) and is published monthly by IIAW 725 John Nolen Drive, Madison WI 53713. Phone: 608.256-4429. IIAW does not necessarily endorse any of the companies advertising in publication or the views of the writers. IIAW reserves the right, in its sole discretion, to reject advertising that does not meet IIAW qualifications or which may detract from its business, professional or ethical standards. © 2021 For information on advertising, contact Kaylyn Zielinski, 608.210.2977 or kaylyn@iiaw.com. wisconsin INDEPENDENT AGENT

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Independent Insurance Agents & Brokers of America. 127 S. Peyton Street, Alexandria, VA 22314

EMBRACE Your INDEPENDENCE.

You’ve made the choice to build your agency on independence, but that doesn’t mean you’re alone. When you belong to the Big “I,” we do some of the heavy lifting so you can focus on what’s important—running your agency.

Build the Agency You Want. BIG “I” PROFESSIONAL LIABILITY Access the largest and most stable insurance agents E&O program in the nation. The Big “I” Professional Liability Program offers not just a policy, but a comprehensive program for insurance agents We’ll help you protect your greatest asset--your business.

BIG “I” RETIREMENT SERVICES Use the Big “I” MEP 401(K), a multiple employer plan, to not only lower your costs but maximize service, consulting, education and more.

BIG “I” EMPLOYEE BENEFITS Find full service group benefits for your agency including life, short-term and long-term disability, dental and vision.

CONTRACT REVIEWS The Big “I” office of general counsel reviews agent/carrier contracts and provides guidance to members to help with carrier appointments.

AGENTS COUNCIL FOR TECHNOLOGY The industry’s leading technology experts provide blueprints on disaster planning, cyber security, customer experience and other emerging trends to help your agency.

www.independentagent.com

Trusted Choice® Only one brand unites more than 23,000 independent agencies—Trusted Choice®. Together we reach more customers, so they understand the importance of using an independent agent for their insurance needs. Marketing is easier when you lean on our free customizable content and reimbursement program.

WEBSITE AND SOCIAL MEDIA HELP Our Trusted Choice® brand experts will review your agency website and social media outlets and provide a formula to make them more user-friendly and increase traffic.

DIGITAL REFERRALS TrustedChoice.com features all Big “I” members for FREE. And with 8 million consumer visits you’ll want to customize your advantage profile for your lines of business and subscribe for exclusive referrals. Be where consumers turn to find independent agents.

Empowering Trusted Choice® Independent Insurance Agents.

Independent Insurance Agents & Brokers of America. 127 S. Peyton Street, Alexandria, VA 22314

Grow the Agency of Your Dreams. BIG “I” MARKETS

DIVERSITY COUNCIL

Find more than 30 top-tier markets at your fingertips including affluent and standard homeowners, bonds, commercial auto, commercial package policies, community banks, cyber liability, flood, habitational, nonstandard homeowners and real estate agents E&O. There are no fees, no volume commitments, and you own your expirations.

Prepare your agency to serve diverse markets through our research, education and resources. In 2020, the Big “I” will host the LevelUP Diversity and Inclusion Conference.

BEST PRACTICES Our research helps agencies boost productivity and refine operations by benchmarking the nation’s top agencies in 6 different revenue categories. Our comparison tools and webinars will help your agency grow.

BIG “I” HIRES

INVEST How does the next generation learn about careers in insurance? InVEST. Tap into our free education materials and internship guide to attract young professionals to the industry and find your next employee.

YOUNG AGENTS Our national and state young agent groups offer sales and leadership training and a network for newer employees and agency owners.

Find and keep the right employees with Big “I” Hires. Download job descriptions and interview resources to help you hire a producer or CSR, or let our partner, Ideal Traits, recruit top candidates for you.

We’ll Help You Thrive. INDEPENDENT AGENT MAGAZINE

LEGISLATIVE AND REGULATORY ADVOCACY

The award-winning publication hits your desk monthly with insights, analysis and trends to help you work smarter and learn from your peers.

Recently, the Big “I” spearheaded tax relief for passthrough entities and C-corporations, saving money for independent agents everywhere. If you sell crop or flood insurance, know that the Big “I” team is on the front lines working to protect programs important to you and your clients.

VIRTUAL UNIVERSITY RESEARCH LIBRARY Find answers to tough insurance questions on the Virtual University, offering in-depth information on commercial and personal lines, certificates of insurance, life-health, forms and more.

ASK AN EXPERT When you or your staff has a coverge question, where can you turn? Our 50 experts stand ready to answer your complex insurance questions.

www.independentagent.com

BIG “I” LEGISLATIVE CONFERENCE When you want facetime with legislators in Washington, the Big “I” makes it happen. Each spring, agents hold approximately 400 meetings with legislators and their staff, placing your issues front and center.

Empowering Trusted Choice® Independent Insurance Agents.

Upgrade your ﬂood experience �it� t�ree li�le moves.

Point.

Point to www.iiaba.net/Flood.

Click.

Click the “sign-up” tab.

Roll.

Roll your current WYO ood book.

“Our agency was approached by our Selective territory manager, Gregg Porter, to roll a portion of our ood business from another carrier to Selective. We were pleasantly surprised at how easy and seamless the whole process was. Gregg came into our oﬃce and basically did all the work for us. We had a high success rate and couldn’t be happier with Selective. Their customer service representatives and underwriters are very knowledgeable, friendly and always helpful. We are very satised with the whole experience and with Selective!” – IIABL Member Selective makes the transfer process easy and proﬁtable for IIABA members. Selective does not use any third party administrators for our processing, which allows us to tailor a transfer plan that works for both you and your customers. Our team will work directly with your agency to collect the required underwriting documents. Then our rollover underwriting team will handle the processing, including sending out a letter to your customers letting them know of the change. We also provide you with a real-time rollover tracking report to help monitor the status of the transfer. Selective offers competitive commissions and transfer incentives for rollover business.

Selective began writing ﬂood insurance in 1984 and has been the IIABA endorsed ﬂood carrier since 2001. Point, click, roll and join us today!

FLOOD.

To discuss transfer opportunities, or to place new �lood business with Selective, contact: Don Burke National Flood Marketing Manager Selective Insurance don.burke@selective.com (765) 577-0330

Agents Council for Technology 2020 Accomplishments & 2021 Goals A technology-focused program within the Big ‘I’, ACT was created in 1997 to drive consistent, accelerated technology to improve independent agency workflows. The resulting impact on our distribution channel is a better environment for all agents & brokers, carriers, vendors, user groups and associations. We succeed as an industry program because of the passionate participation from all our members. 2020 required rapid and intelligent forward action more than ever. Along with the pandemic, we are responding to intense pressure from not just direct writers, emerging tech startups, cybercrime, and other disruptive forces that emerge almost daily. New technologies drive great opportunities for us as a collective, but we clearly need to anticipate and implement far more rapidly than ever. See all that ACT accomplished in 2020 and what ACT’s 2021 goals are: • The Security Issues Work Group has consistently focused on creating crucial security tools for agents, including our Agency Cyber Guide. The group undertook a significant task in updating this resource to be a more intuitive online resource, with real-world IA breach examples, and more robust resources to address regulations. The result is our ACT ‘Agency Cyber Guide 3.0’ - This addresses all security regulations from entities like Gramm-Leach-Bliley, NY DFS, and the NAIC. We’ve now added an easy-to-use online ’Agency CyberReadiness Assessment’. For 2021, the group is addressing industry cyber advocacy using the Agency Cyber Guide 3.0, specifically by gathering carriers, agents, and Big ‘I’ state associations partners to address the complexity surrounding thirdparty provider regulations. The group will also create a Remote Work Security Pocket Guide. • ACT members also created a robust ADA/Accessibility resources web page, helping our distribution channel understand and take action on Accessibility regulations to ensure we are not a target for the continued escalation amount of litigation currently being sought by nefarious legal reps. • In response to the need to quickly pivot due to the pandemic, ACT released an all-new ‘Remote Work Best Practices’ guide to help all stakeholders – agents, carriers, and tech providers – set their businesses

for success in a remote and hybrid work world. As an additional companion resource, ACT created a downloadable ‘Remote Work Policy and Agreement’ – this agreement template clearly lays out expectation on work arrangements and timing, productivity, security, training and other key areas. • The Customer Experience (CX) Work Group continued updates of the one-of-a-kind online Customer Experience Journey ‘roadmap’ for independent agents and their carriers in order to deliver an outstanding digital customer experience. The CX work group has also created an online “Agency CX Self-Assessment” for agents to identify their top opportunities to increase ease of doing business for consumers and customers The group has also released the ‘Agents Resource Guide To Chatbots’ to provide education and actionable insights for agents to understand and implement Chatbot interfaces on their websites. Also, the work group is now developing a ‘Digital Agency’ snapshot to highlight all needed agency focus areas from front end to back office. • The Disaster Planning Work Group updated the ACT ‘Agency Disaster Plan’, providing agents with a comprehensive resource on all contingency planning areas for uninterrupted business sales and servicing during disasters, and now pandemics.

• In 2020, ACT assembled the ‘Data-Driven Industry’ work group, led by one rep each from a carrier, an agency, and a state association. The focus is to create education and awareness around the increase of business intelligence, analytics, and artificial intelligence resources emerging in our distribution channel. While the end resource is being determined at this time, the intent is to create clear insights on the vendor-and carrier-enabled tools, as well as drive toward consensus on the most effective data-driven workflow implementations for our distribution channel. A session on this was held at the Oct 2020 ACT Virtual Conference. • The API Work Group continued to focus on discussion around the emerging use of APIs within our distribution channel and started a focus toward increasing education and insights on opportunities for the use of Application Programming Interfaces between the major stakeholders – Carriers, Vendors, and Agent. In 2020, the group began working on creation of a ‘API Partner Security Discussion Guide’ to help all stakeholders understand the security areas needing focus when holding partnership discussions. The expected release is early 2021. • The Future Issues Work Group began work on an Artificial Intelligence ‘Deep Dive’ in 2020. Due to the needed focus on pandemic-related resources listed above, the group has not yet completed this resource. Our target is to renew focus on this and complete mid2021. • In 2021, the Agent-Carrier Technology Work Group will reassemble to review and revise our most recent recommendations for balanced agency contract language regarding technology aspects such as third-party vendor regulations and other emerging cyber and security concerns. • ACT Meetings: We quickly pivoted within weeks of g going into pandemic lockdown by creating one of the industry’s first virtual conferences in April, 2020 – This featured four keynote sessions on Practicing Successful Failure, Cybersecurity during the Pandemic, Using Technology for Successful Local Marketing, and a focus on Key ACT Resources during the pandemic. This virtual meeting had +500 registrants.

We also held a very successful 4-day Virtual Summit Oct 19-22, partnering with Big ‘I’ Young Agents, Diversity, and Education programs.15 sessions were offered, registration over 1,200. Our upcoming schedule is:

• Oct 13 & 14, 2021 – a virtual ‘ACT Tech Summit’, offering nine free sessions from industry leaders across the afternoons of Wed & Thu, Oct 13 & 14. Registration is now open at https:// acttechsummit.evareg.com/.

• Mar 27 & 28, 2022 – Our next in-person ACT Meeting will be held in conjunction with NetVU Accelerate conference in Denver CO. Details will be on our ACT Meetings web page in late 2021.

• Webinars! Throughout 2021, ACT is producing over a dozen valuable webinars on Cyber, Customer Experience, Data, Digital workflows, Remote Work, and a number of other topics. Check out our upcoming and On-Demand webinars at https://www.independentagent.com/ ACTWebinars. • ACT continues our primary focus on agents & brokers by active support and participation with User Groups and Associations such as the Applied Client Network, EZLynx AgentLynx, HawkSoft User Group, NetVU, the Nexsure User Group, Partner XE, and others. ACT also actively participates with our Carrier partners, by attending their agent council and leadership planning meetings, and providing an industry perspective on strategic roadmap development. We also continue to proactively support additional industry initiatives, such as ID Federation and AUGIE. • ACT also expanded and refreshed the look and feel of our “ACT News” eNewsletter. Now published every other month, ACT News provides 4-5 brief articles with links to additional info, timely videos, interviews with industry leaders, and a calendar of events. Distribution for this newsletter is now over 4,400. • ACT continues to increase our integration with key Big ‘I’ programs such as Young Agents, Diversity, and InVEST, as well as TrustedChoice.com.

Please accept our sincere thanks for your support of ACT We hope that you continue to be an active participant and supporter in 2021 and beyond!

BIG “I”: GOVERNMENT AFFAIRS

THE BIG “I” ADVOCATES FOR YOU The last 18 months has been unprecedented in many ways. While much of the country, and world for that matter, grinded to a halt there remained a flurry of activity in your nation’s capital. The Big “I” federal government affairs team went to bat for agents on a variety of legislative issues. Last year that list of items most notably included pushing back on retroactive business interruption legislation, fighting for the Paycheck Protection Program, and exempting agents and brokers from new onerous federal reporting requirements on their beneficial ownership. As the country reopens, a Democratic-controlled Congress and Biden Administration are seeking to accelerate the pace and scope of federal spending to fundamentally reshape America. Legislation is currently being discussed on a broad “physical infrastructure” package that would address traditional needs like roads, bridges, and highways. The Democratic-controlled Senate will need to get at least ten Republicans on board to overcome a filibuster, invoke cloture and proceed to a vote on the legislation. Given that bipartisan necessity, it is unlikely to be paid for by raising taxes since Republicans have laid down a marker for no tax increases. However, another “human infrastructure” package is being considered that addresses issues like climate change, federal paid leave, Medicare expansion, childcare, free community college and much more. The price tag of that proposal is approximately $3.5 trillion in its current form. Democrats are attempting to use the reconciliation process to pass this human infrastructure legislation. That means that it can be done on a strict party-line basis in the U.S. Senate and House since both chambers are

under Democratic control. It further means that this package can be partially paid for through tax increases. In fact, a large chunk of its cost would need to be offset with modifications to the existing tax code. Among other things, those would take aim at the corporate tax rate, top individual tax rate, capital gains, stepped up basis, and a modification or elimination of the Section 199A twenty percent deduction for pass-through entities. The Big “I” federal government affairs team is pushing back on these potential tax increases, advocating for main street America and small business during this time of recovery. This advocacy is made possible with InsurPac, the Big “I” federal political action committee. It allows our federal team to get in front of legislators at fundraising events nearly every day of the week, constantly delivering our message to them and their staff. Opinions on issues are being shaped every day and InsurPac allows agents to have a seat at the table to educate members of Congress. It is THE federal PAC for independent agents, and there is no comparison. Last election cycle, InsurPac disbursed over $2.2 million dollars and won 93% of the races that it supported. As a confederation of state associations, the Big “I” and InsurPac are only as strong as our grassroots involvement. Do your part today by responding to action alerts and learning more about InsurPac (www.insurpac.com). Your involvement makes a difference! > Nathan M. Riedel,

Vice President, Political Affairs, Independent Insurance Agents & Brokers of America wisconsin INDEPENDENT AGENT

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REAL QUESTIONS. REAL ANSWERS. YOUR INSURANCE TECHNICAL SOLUTION. Our experts explore and explain real issues and policy coverage questions in four areas: commercial lines, personal lines, life/health and agency management. Users can also access state speciﬁc information, dive into talent recruitment, get tips for starting an agency, coronavirus, and much more.

LIVE AND ON-DEMAND EDUCATION. YOUR AGENT TRAINING SOLUTION. The Big “I” Virtual University oﬀers a wide range of live and on-demand education developed speciﬁcally for independent agents. No matter what your need, time or level of experience, the VU has it covered.

LIVE WEBINARS

EXCEED LEARNING

Learn from diversiﬁed topics, with CE available in some states

Amazing, clear content and smartly explained modules

BASICS & BEYOND BASIC An excellent source for newer agents who want to expand knowledge

TRIPLE PLAY DAYS Earn up to 6 continuing education credits in just a day

RISK & REALITY REPORTS Read, print, highlight, and share to understand complex issues

ON-DEMAND WEBINARS Drill down in twelve diﬀerent subject matter areas

CAN’T FIND WHAT YOU’RE LOOKING FOR? ASK AN EXPERT AND GET AN ANSWER!

GET THE BIG I'S ONLY TECHNICAL COVERAGE PUBLICATION SUBSCRIBE TO INSURANCE ILLUSTRATED Delivered right to your inbox every Friday, Insurance Illustrated features multiple articles organized in speciﬁc categories to help you easily navigate to the content most important and relevant and stay on top of the latest news.

Find all this and more in the Big “I” Virtual University virtualuniversity@iiaba.net

If you can’t ﬁnd an answer to your insurance query in the more than 18,000 pages of content in our extensive online library, just use our MEMBERS ONLY “Ask an Expert” service. Our faculty, comprised of more than 50 industry experts, will review your query and respond with a personalized answer.

W W W. I N D E P E N D E N TAG E N T. C O M / V U

In 1919, A group of Pennsylvania farmers founded Penn National Insurance to provide affordable workers’ compensation insurance. Today, Penn National Insurance sells property-casualty insurance in 11 states by partnering with more than 1,200 independent agency operations. In 2012, we affiliated with Wisconsin-based, Partners Mutual Insurance Company. As one company, we bring the personal attention and local focus of a regional carrier, along with the quality of products and services of national carriers. Interested in partnering with a thriving insurance carrier with superior customer experience? We are looking for select commercial lines-oriented agencies in Wisconsin. Contact: Vicki Lentz 262-432-3420 vlentz@pnat.com

Clayton Zogata 262.432-3422 czogata@pnat.com

• Strong financial performance and A.M. Best Financial Strength Rating of A• Expanded Commercial Lines product and services with competitive pricing and comprehensive coverages to help our agents grow profitably. • Comprehensive Personal Lines product offerings, including Homeowners Equipment Breakdown and additional protection plans. • State-of-the-art quoting, processing and self-service tools, making is easier and faster to meet your customers’ needs. • Local experienced underwriting, claims and management staff

Policies issued for domiciled businesses and individuals in Wisconsin and Iowa are underwritten under our affiliate, Partners Mutual Insurance Company. wisconsin INDEPENDENT AGENT

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BIG “I”: CEO

RUSBULDT: THE INDEPENDENT AGENTS’ ADVOCATE In his 34 years working for the Big I, Bob Rusbuldt can think of only one other crisis that our industry has faced that looms as large as COVID-19. Only months after being named the CEO of the Independent Insurance Agents & Brokers of America (IIABA) he was driving to work when he saw smoke billowing up from the Pentagon. It was September 11, 2001 and the country had just experienced the largest terrorist attack in its history with more loss of American life than the attack on Pearl Harbor. In the weeks that followed he found himself being invited to the White House by President George W. Bush for a round table discussion with other industry leaders to address how the attack would affect the insurance industry and its clients. Rusbuldt has spoken with many presidents in the Oval Office regarding insurance issues, but never before had he been called there after a national disaster. “Advocating for our members with the president doesn’t get any bigger than that,” he said. Just as insurance agents rose to overcome the hurdles of 9/11, Rusbuldt has no doubt that they will rise to the occasion during this trying time as well. “We are survivors and we know how to adapt. We’ve seen the independent agency system change and adapt many times and we’ve learned how to embrace technology. The evolution of our system is fascinating to me,” he explained. The New Jersey native has lived in Virginia for more than 40 years. His first dream was to play in the NBA, but when that didn’t happen he pursued his other passion: politics. After completing his bachelor’s and master’s degrees in political science, he went to work as a congressional staffer for five years in Congress.

14 | AUGUST 2021 |

wisconsin INDEPENDENT AGENT

He followed that time with a position at the American Insurance Association (now the APCIA) before being offered a job at the national Big I. He knew immediately that it was a perfect fit. “Working for grassroots community-based Americans is so different from working for a Fortune 500 company,” Rusbuldt said. “I’ve toured areas after they have been destroyed by a hurricane or tornado, where our member agents have had their agency and home blown away, and there they are, in their communities helping their clients. Is that dedication, or what?” His career became focused on protecting independent agents by lobbying for them every single day. Not only do he and the other Big I lobbyists advocate with politicians in the US Senate and House of Representatives, but they also meet with the National Association of Insurance Commissioners, the governors association, the White House, and insurance company executives, working on behalf of our members every day. “A lot of what we do is unseen; it’s all the things you stop from happening. We save our members from onerous legislation constantly,” said Rusbuldt. “There’s so much happening behind the scenes that many people don’t know about.” From the crop and flood insurance programs to tax issues for agents and agencies, lobbying efforts have a tangible impact on an agent’s bottom line. Since the pandemic began, the Big I has found additional ways to help agents stay on track. They’ve kept their finger on the pulse of what challenges are causing the biggest problems by sending surveys out to members. In addition to a dip in commercial lines business, they’ve found that some agencies in large cities faced losses because of rioting.

From left: IIABA’s Charles Symington, Sen. Mitch McConnell, Rep. Steny Hoyer and Bob Rusbuldt The Big I raised $2.8 million dollars for its COVID-19 Relief Fund. Through company donations, the Big I has been able to give grants to agencies across the country. So far they have dispersed around $1.7 million to Big I members. “The association is here for our members,” Rusbuldt said. “Independent agents are real people in real communities. They have to deal with disasters every day and then help people put their lives back together after the worst happens. It’s inspiring to see their work and to be able to help them in times of trouble.” Though the pandemic has changed the landscape of in-person gatherings for the time being, Big I members will still be able to virtually attend the 2021 Legislative Conference in April. There will be interactive sections and appearances from members of Congress. The 2020 elections caused a major shift in demographics in DC, with Democrats controlling the federal government, which will introduce a host of new legislative issues. “It’s crucial that agents educate themselves in how to better protect their business,” he explained. “This conference will include political and regulatory education that all agents need.” As president and CEO of the world’s largest agent and broker trade association, Rusbuldt hasn’t backed down from his goals for the Big I despite the hurdles 2020 presented.

The association is celebrating its 125th anniversary this year. Though the industry is facing a commercial lines hard market, along with the challenges of Covid-19, Rusbuldt’s approach is to constantly find ways to improve the business for agents. “We’re putting a big emphasis on diversity right now,” he said. “Our independent agency system needs to look more like America. It’s all about selling insurance and we want our members to be able to attract more staff and clients.” Big I Hires is another new offering that’s seen a huge amount of success. The program helps match job applicants with agencies that have positions to fill. Rusbuldt explained that more than 80,000 candidates went through Big I Hires system for a job in insurance in 2020 alone. “My goal every day is to advance the ball for independent agents, sometimes I go for a few yards for a first down, sometimes I go for the touchdown,” Rusbuldt said. “Every day I wake up excited to do my job.” > Melissa Hall,

Director of Communications, Big I Indiana

wisconsin INDEPENDENT AGENT

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Insurance Agents Errors and Omissions Coverage That’s Right For Your Business Why Big “I” Professional Liability and Swiss Re Corporate Solutions Prompt, local service: Superior customer service from the IIAW, who serves as your agent with underwriting authority offering prompt turn-around of quotes and policy delivery. More premium discounts: Qualifying agents can save over 50% in premium discounts including the loss control, claims free, agency operations improvement review, efficiency and carrier concentration credits. Deductible savings: Loss only deductible available along with deductible reduction feature offering up to 100% savings of deductible (up to $25,000) per claim with proper documentation Claims handling: Prompt and thorough claims handling by an experienced staff made up primarily of licensed attorneys that stand ready to support policyholders with any potential incident and claim. Agency risk management tools: Policyholders have access to a dedicated E&O Risk Management team at IIAW and online tools for agency risk mitigation. Exclusive: A Big “I” member exclusive policy form and premium credits filed on a Risk Purchasing Group basis giving Big “I” members tailored coverage. Member oversight: A Professional Liability Committee including IIABA member agents oversees an directly influences the program. Our program was designed by agents for agents.

Swiss Re Corporate Solutions Policy Form Highlights Big “I” Professional Liability program and Swiss Re Corporate Solutions pride ourselves on offering the strongest coverage form in the marketplace that continues to evolve to meet the changing needs of the agents. Review the preferred policy form and you will find that these are just a few of the coverage benefits: • Rate A+ by A.M. Best • Claims-made coverage with full prior acts available • Limits of liability up to $25 million • Broad definition of covered professional services and activities • Comprehensive definition of insured • Aggregate deductibles available • Defense cost outside the limit • $25,000 1st Party Personal Data Breach • $1,000,000 3rd Party Personal Data Breach sublimit available • 60/40 consent to settle clause • Crisis Management coverage; up to $20,000 per policy period for fees, costs and expenses incurred within 6 months of a crisis event • Deductible reduction up to $25,000 per claim with proper documentation, no limitation to the number of claims • Catastrophe Expense $25,000 per incident, $50,000 per policy period • Regulatory defense $100,000 per policy period in addition to the limit of liability • Several options to earn premium discounts up to 30%

If you have any questions, please contact Trisha Ours, trisha@iiaw.com

The information provided is for general informational purposes only and you should review the policy form and any applicable endorsements for complete policy language. Please note that all applications are subject to review, underwriting and approval by Westport Insurance Corporation, a member of Swiss Re Corporate Solutions.

RISKY BUSINESS

BIG I PROFESSIONAL LIABILITY PROGRAM: A RESOURCE YOU CAN RELY ON It is no secret to our members that the Big I Professional Liability program has many benefits to offer policyholders. So many benefits! There is probably a good chance that you are not even aware of all there is available. This is where your friends at IIAW come in. We help our members and policyholders navigate all of our resources to ensure you’re not only getting the most out of your membership, but also from your E&O carrier. In this month’s edition of the Wisconsin Independent Agent, you’ll find a great one-page overview of the benefits to having an E&O policy with Swiss Re Corporate Solutions on page 16. Our members always enjoy that they can pick up the phone and learn about policy terms and conditions from Trisha. Or receive E&O tips from Mallory. Or learn about E&O educational offerings from Diana. We believe one of the greatest benefits we can offer is a friendly and helpful IIAW staff person who is readily available to meet the needs of an E&O policyholder and member. So, what if you can’t pick up the phone and call? Well, there are two great options for online solutions as well! You can visit the website www. iiaw.com/agencysolutions to find resources to mitigate E&O exposures, improve operational efficiencies and enhance the customer experience. These tools are regularly updated and are free for all IIAW members. Another great website can be found on our IIABA page and is currently known as E&O Happens.

This website is managed by the IIABA and Swiss Re partners to bring E&O resources to policyholders across the United States. This website is an exclusive offer for Swiss Re policyholders and has everything from claim information and prevention resources to the latest news and articles. Interested in learning about Standard of Care laws in other states? There are excellent guides written by attorneys to help agents understand standard of care and their duty to advise their customers. UPDATE FOR FALL! The E&O Happens website will be receiving a new name and look coming this Fall! The website will come to be known as the E&O Guardian and will continue to feature proactive risk management resources for policyholders. The website will still be accessible through www.iiaba.net and will continue to be an excellent national resource for Swiss Re policyholders. When a potential E&O claim arises, you don’t want to be left alone to fend for yourself. Turn to your partners at the IIAW and Swiss Re Corporate Solutions to help navigate each step of the process. Always feel free to reach out to me with any E&O questions at mallory@iiaw.com.

> Mallory Cornell,

IIAW Vice President and Director of Risk Management

wisconsin INDEPENDENT AGENT

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MEET THE TEAM

MEET THE NEW IIAW TEAM MEMBERS The IIAW is pleased to welcome two additional members to our growing team: Ian Tisonik and Jeff Thiel. Jeff and Ian will be integral in allowing us to continue to expand our services for agency and company members. We invite you to join us in welcoming them to them team.

IAN TISONIK

AGENCY SOLUTIONS COORDINATOR

JEFF THIEL

DIRECTOR OF AGENCY SUCCESS

What is one of your favorite memories from the past year:

My favorite memory from the past year was moving into my first apartment last September!

After a 41 year career as an independent agent, I retired in December 2020.

What is your guilty pleasure?

Leon’s Frozen Custard (3131 S 27th St., Milwaukee, WI 53215)

No real food pleasures to note. While golf used to be my guilty pleasure, I am now really getting into playing pickleball.

When you were a kid, what did you want to be when you grew up? I wanted to be on the PGA Tour. What would we most likely find you doing on the weekend? Enjoying beverages with friends, getting a round of golf in, watching/attending Packers/Bucks/ Brewer games, spending time on the lake with family.

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wisconsin INDEPENDENT AGENT

When you were a kid, what did you want to be when you grew up? Most young boys wanted to be a professional athletes back in those days... insurance was never on my mind as a kid. My dad thought I could be a punter in the NFL. What would we most likely find you doing on the weekend? Being busy throughout the weekend with either golf, pickleball, yard work and a nice dinner.

Filling them up now so they won’t be hungry later.

Small detail. Big difference. You know as well as anyone that today’s cut corner can easily turn into tomorrow’s missing piece. With our forty years of experience in specialized coverage and policies developed alongside actual restaurant and bar owners, you can rest assured that your policyholders are protected against the unique risks they face every day. If you agree that details like these make a big difference, give us a call at 1-888-5-SOCIETY or visit societyinsurance.com.

MARKETING

AMPLIFY YOUR MARKETING As a member of the Independent Insurance Agents of Wisconsin, you have free access to Big “I” marketing resources. Trusted Choice is the national marketing brand created exclusively for Big “I’ members to help customers understand the value an independent agent offers. Differentiate your agency from the competition when you utilize all that Trusted Choice has to offer. Here is a quick breakdown of two of my favorite marketing benefits that Trusted Choice has to offer:

Marketing Reimbursement Program Trusted Choice has funds available to assist agents with branding efforts and website upgrades. Cobranding with Trusted Choice - New members and MRP users can receive up to $750 for the use of Trusted Choice logo on any consumer facing items. Items like store signage, advertisements, business cards or sponsorship branded with the Trusted Choice logo alongside your agency logo are all eligible for the cobranding reimbursement. All members can access an additional $750 for digital marketing efforts which include the Trusted Choice brand, such as TV, web, social media, etc. Digital Upgrade - All member agencies (one 20 | AUGUST 2021 |

wisconsin INDEPENDENT AGENT

per agency) can receive a $500 reimbursement for creating a new website with any of our Preferred partners. The Trusted Choice preferred vendors include ITC, Forge 3, Titan Web, Advisor Evolved and Marketing 360.

Trusted Choice Content to Share Trusted Choice has a free library of professionally made and ready-to-use content that can be easily downloaded and posted to your social media accounts. With a wide variety of free infographics, videos, articles and graphics, Trusted Choice makes it simple to strengthen your social media presence and increase engagement with potential customers. Need more guidance on when to post? Don’t worry, Trusted Choice also has a monthly social media calendar to help keep your social posts coordinated. The calendars are presented in Excel with pre-written posts and links to download social media graphics. For more information about Trusted Choice, please visit trustedchoice.independentagent.com.

> Kaylyn Zielinski,

IIAW Marketing & Communications Coordinator

APPLY TO BE AN AGENT: WWW.GUARD.COM/APPLY/

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Commercial & Personal Lines

Commercial Lines Targeted Classes:

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• • • • • • • • • • •

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This information is intended to provide a general overview for marketing purposes. Not all Berkshire Hathaway GUARD Insurance Companies provide the products described herein nor are they available in all states.

AGENCY OPERATIONS

DON’T THROW AWAY YOUR VACATION DAYS Let’s play pretend for a minute. Pretend that you’re craving a pizza – a hot, cheesy 18” pizza with your favorite toppings and the perfect sauce and crust. You can’t wait to share it with friends and family. You start to salivate when you smell the aroma of the pizza as it arrives at your house. You pull a perfectly warmed slice out of the box – and then throw the rest of the pizza into the trash. Or, better yet, you don’t even eat one slice. Instead, you leave the pizza in the open box on your kitchen table for the next year, and you just look at it each time you see it. Sometimes, you complain that you didn’t eat it or you tell friends that as much as you like pizza, you typically just let it go to waste. Nobody would do that, right? Well, more than half of Americans do something similar every year, but with something much more valuable than pizza: their earned vacation. According to a business report conducted by CNBC, the majority of Americans with earned or accrued time off fail to use half of their vacation days. And three-quarters of American who selfidentify as highly engaged at work leave more than 60% of their banked vacation days on the table (with the pizza). In 2017, US workers left 705 million vacation days unused. And, in 2020, a pandemic year, when reported incidents of stress increased, Americans left a staggering 812 million vacation days unused.

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wisconsin INDEPENDENT AGENT

With increasing reports of mental health challenges in the workplace including depression, anxiety, and insomnia and a national crisis around stroke, heart disease, obesity, and diabetes the US surgeon general lists work-related stress as one of the key indicators or predictors for American workers who have these conditions. Yet, Americans routinely continue to work rather than rest. Business owners and companies large and small know that a refreshed and enthusiastic workforce yields greater profits, reduces sick days, and decreases employee performance interventions, but workers continue to waste earned vacation days. Why? The answer is as simple as it is stark. According to Harvard Business Review, employees are more likely to continue to work even if they’re suffering on-the-job burnout in order to avoid the potential appearance of “slacking”. Simply put, Americans keep coming to work out of fear. The result of this behavior is that the average team is suffering some sort of burnout or low motivation brought on by chronic high levels of stress at work, which cost companies hidden or vampire losses that aren’t easily quantified. Burnout is contagious, can consume leaders, team players, and solid performers. During the pandemic, even fewer people are taking vacation, and it’s not necessarily because they haven’t been able to travel or visit relatives.

It’s because it might look bad to others to take systemic impacts, all of which are negative, time off from a work-from-home job to stay become the norm. home. Again, fear is the consistent motivator, and it has lasting negative effects. And if you’re an employer, encourage your employees to take time off. Some companies are Avoid the fear trap even requiring periodic “wellness days” once per quarter where they give employees a paid What can you do about it? Work performance day off. Happy, well rested employees are better coaches recommend a three-step process: employees. They report higher satisfaction at work, generate higher performance, and have Recognize that as an individual it is tough to lower overall stress. assess your performance in real time, especially under rising or perceived pressures. Make the So the next time you’re tempted to work instead assumption that spending time to recharge is a of take a vacation, remember that time off is valuable investment into your overall health and every bit as important as time “on.” Even a day performance. off here or there can make a big difference to your sense of well-being, your health, and your Accept the fact that “it’s never a great time to company’s bottom line. take a vacation.” Plan your vacation in advance, and truly disconnect. Fear can be a good short-term motivator, but left in place for any length of time, long-term

wisconsin INDEPENDENT AGENT

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IIAW CONTINUING EDUCATION

2021 ONLINE EDUCATION & CE CLASSES

AUGUST & SEPTEMBER 2021 SCHEDULE DATE

TIME

COURSE

8/02

9AM-11AM

Coverage Disputes Between Thompson & Boggs, You Be the Judge

8/03

8AM-10AM

Builders Risk and Contractors Equipment

8/05

12PM-2PM

Those Kids and Their Cars

8/05

9AM-12PM

E&O - Commercial Property Gaps & How to Fill Them

8/06

9AM-12PM

E&O - Roadmap to Homeowners Insurance

AUGUST

8/10 9AM-11AM Embracing Directors & Officers Liability Insurance 8/13 9AM-12PM Commercial Lines Claims That Cause Problems 8/16

9AM-12PM

E&O - Roadmap to Homeowners Insurance

8/18

8AM-11AM

Ethics in the Insurance Industry

8/18

9AM-11AM

Contracts Agents Should Read

8/20

9AM-12PM

E&O - Commercial Property Gaps & How to Fill Them

8/24 1PM-4PM

Understanding (and Managing) the Largest Government Benefits: Social Security

SEPTEMBER 9/01 12PM-2PM

Personal Lines Issues That Keep You Up at Night

9/02

12PM-2PM

Those Kids and Their Cars

9/03

9AM-12PM

E&O - Roadmap to Homeowners Insurance

9/07

8AM-10AM

Builders Risk and Contractors Equipment

9/10 9AM-12PM Commercial Lines Claims That Cause Problems 9/14 9AM-11AM Embracing Directors & Officers Liability Insurance 9/15

10AM-12PM

Business Auto Claims That Cause Problems

SEE OUR FULL CE SCHEDULE & REGISTER FOR THESE CLASSES AT IIAW.COM/EDUCATION 24 | AUGUST 2021 |

wisconsin INDEPENDENT AGENT

Signed. Sealed. Delivered. Retain and gain more clients with tailored insurance packages from EMC. Coverage needs for wholesalers and distributors can vary in size and scale as much as the operation itself. Offering comprehensive bundled packages with customized offerings to your clients can really help seal the deal and deliver a significant boost to your bottom line. emcins.com/wholesalers

wisconsin INDEPENDENT AGENT

| AUGUST 2021 | 25

HOMEOWNERS’

UNINTENDED CONSEQUENCES: WHAT THE SURFSIDE CONDO COLLAPSE MEANS TO AGENTS AND UNDERWRITERS, PLUS SOME LESSONS LEARNED The agent for an HoA received a request/demand from a condo unit owner’s lender for information on the association’s insurance program. The lender wanted detailed information on policy coverages such as the property deductible amount, Ordinance Or Law coverage, how the replacement cost limit was calculated, separation of insureds/severability of interest clause, proof and details of liability coverage, etc. The unit owner’s lender also wanted to be added to the policy as an additional insured and information regarding the loan number, unit owner, etc. added to the master policy. In particular, the lender wanted a copy of the replacement cost calculation on the building(s). The questions are, can or should the agent or underwriter provide this information? Is it legal to ask for it? Is it legal to provide it? To the best of my knowledge, the only law specifically addressing any of these issues in the state in question is a law prohibiting the lender from requiring an insurance amount in excess of the replacement cost of the property. Many states have such laws and the Big “I” Virtual University includes a chart of these states (access to the chart may be restricted). In addition, Florida just recently enacted a law that governs providing replacement cost calculations to lenders: 626.9551 Favored agent or insurer; coercion of debtors. (1) No person may: (e) Require an insurance agent or agency to directly or indirectly provide the replacement cost estimator or other underwriting information of an insurer underwriting an insurance policy covering real property, as a condition precedent or condition subsequent to the lending of money or extension of credit to be secured by real property, when such information is the proprietary business 26 | AUGUST 2021 |

wisconsin INDEPENDENT AGENT

information of an insurer, as defined in s. 624.4212(1), nor many an agent or agency provide this information. There may be other states with laws like this or laws addressing other aspects of lender requests. However, in this case, most of the information requested is not governed by any laws or regulations. The question is, with the insured’s permission of course, how much information is the agency or insurer willing and able to provide to a lender interested in gauging the risk in issuing a loan and in protecting that loan? I know agents who write thousands of condo policies, some writing tens of thousands of condo units. Imagine if every lender of every unit owner wanted detailed information about the coverages, limits, values, etc. on an HoA’s entire insurance package. What agency is staffed to provide this level of service to a third party? In addition, consider the fact that lenders often sell huge blocks of loans to other lenders…will this process be repeated every time a unit owner’s loan is sold? Most underwriters will not want to add a unit owner’s lender to any policy as an additional insured, if only due to the questionable issue of insurable interest. For property insurance, ISO has Additional Interest endorsements that may provide notice of cancellation, but even without extending insured status, are carriers willing to incur this additional processing expense, not to mention the potential complications at claim time? So, whether an agency or insurer elects to provide this information or not is, for the most part, a business decision. It’s likely that most agency E&O insurers would advise against this practice. If an agency chooses to provide, again with the association’s permission, detailed policy information to unit owner lenders, they would be well advised to up their E&O limits tenfold at least. If you are experiencing an uptick in such requests from condo unit owner lenders, feel free to share your

experiences in the Comments section below. Other issues…. D&O Coverage. Assuming the condo association has Directors & Officers insurance, according to D&O expert Dick Clarke, CPCU, CIC, RPLU, “Most HoA D&O policies contain a blatant Bi/PD exclusion, along with several other eliminations of coverage for construction defects, violation of any construction-related inspection/ maintenance situations, etc. Most of these policies are REALLY restrictive and, with the passage of time (several renewals), more and more exclusions are added.” Lawsuits have reportedly already been filed against the officers and directors of the Surfside HoA. So, IF there is an exclusion for BI and PD that’s applicable to this claim, these individuals may find themselves with no indemnification or defense. Some homeowners and personal umbrella policies may provide coverage, but given the likely amounts of the lawsuits, the greatest value of such coverage could be in funding a legal defense. E&O Coverage. There may be many insurance agents involved in the Surfside collapse. Do they have an Errors & Omissions exposure? Almost certainly they have an exposure that may require legal defense, but the issue is whether they have liability that requires indemnification of the insured for uncovered losses. The first question is, what exactly were the agents’ errors or omissions? How were they allegedly negligent? Did they hold themselves out to be condo experts? Did they make promises (e.g., “full coverage”) that they allegedly didn’t fulfill? What is an agent’s legal duty to advise with regard to coverage and limits in Florida? In most states, the agent’s duty is largely limited to complying with requests, not advising beyond that, but there are exceptions based on “special relationships” or assertions of particular expertise. If a duty exists, did they fail to recommend coverages or higher limits available to them in what is one of the most restrictive marketplaces in the country? Did they fail to explore the E&S marketplace for DIC coverage for collapse, if such markets even existed? If the markets did exist, would the available DIC forms have covered this particular collapse based on cause(s) yet to be determined? Association Property Policy Exclusions. In my earlier article, I discussed the possibility that an “ISO-like” property form might not provide collapse coverage if the cause of the collapse was not a specified peril for collapse coverage. In an online discussion, someone raised the question of whether there might also be grounds for denial based on the failure of the association to act promptly to repair allegedly known structural problems.

Absent demonstrable fraud, concealment or misrepresentation, negligence in addressing corrective maintenance or construction issues is unlikely to be a basis for denial, though an “acts or decisions” exclusion similar to that in the ISO CP 10 30 could be material. Another issue is the adequacy of coverage for costs that are limited in policies. Most property forms provide some measure of coverage for debris removal and Ordinance Or Law expenses. It’s quite possible that the cost of debris removal in the Surfside collapse will be vastly more than the likely limited additional amount provided by the property policy. (Needless to say, without examining the policy in question, this and other coverage issues involve conjecture not facts.) Likewise, the cost to tear down the ‘undamaged’ portion of the building and rebuild in compliance with codes and ordinances would likely exceed any built-in coverage for this expense. A further complication is how such coverage reads in the policy if codes or ordinances are updated and more restrictive in the time between loss and reconstruction (if there is reconstruction). For years, insurance experts such as Jim Mahurin, CPCU, ARM have strongly asserted, based on their consulting and expert witness experience, that debris removal and Ordinance Or Law policy limits are often grossly inadequate. Perhaps the Surfside collapse will result in a lesson learned in this area. HO-6 Condo Unit Owner Policies. Most condo homeowners forms contain the same limitations as commercial property forms with regard to collapse coverage. In addition, while it’s not a primary focus of the Surfside tragedy, condo unit owners are well advised to make sure they maximize their coverage for association loss assessments. This is particularly important where a unit owner’s potential liability for such assessments is joint and several. Most HO-6 condo policies include separate loss assessment Additional Coverages for both property and liability assessments. However, these amounts are usually very low, in the range of perhaps $1,500. Condo unit owners should consider purchasing the maximum possible loss assessment coverage. Most insurers can provide $50,000 or more and the coverage is usually relatively inexpensive. Condo unit owners that serve as directors and officers should question the coverage and limits of association D&O policies. They should also do the same with regard to coverage under their own homeowners and, especially, umbrella policies.

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General Observations and Suggestions. My son bought a condo in a high rise building several years ago. From a market value standpoint, it has proved to be a very lucrative purchase given the development of the area surrounding the building. However, my first recommendation to him was…don’t buy a condo. It’s a personal preference dating back to a bad experience when my first home was a condo, but it’s also based on decades of observations of insurance issues with condos. I believe any time you enter into collective ownership of property with dozens or hundreds of individuals you don’t know, you can expect problems and conflicts. Association “leadership” is usually populated by individuals who know little or nothing about risk management and insurance. My son elected to buy the condo anyway, though he has followed my advice to not serve in any capacity as a director or officer, but to attend meetings and ask questions dealing with insurance and other issues. If you are considering buying a condo, I strongly recommend that you place the insurance through an experienced and highly qualified insurance agent with expertise in condo insurance. When my son bought his insurance, such an agent was kind enough to review both the condo association bylaws and the master policy

and make recommendations for his insurance program based on those documents. That kind of advice is priceless. In addition, I would also consider consulting with an attorney with regard to means to limit your liability, especially where unit owners have joint and several liability. That might mean forming an LLC for the purchase in an attempt to expose only the LLC’s limited assets to claims. The “corporate veil” likely won’t insulate you from direct liability for your personal negligence, but it might for other liabilities like loss assessments and other debts or financial obligations. I’m not an attorney or legal expert, so I offer this suggestion only as a legal layman. Many residential properties today are purchased under trust or LLC arrangements. Again, if you do this, be sure the agent you select is knowledgeable about insuring trusts or LLCs and what are the proper forms to use. Copyright 2016-2021 by InsuranceCommentary.com. Reprinted with permission > Bill Wilson, CPCU, ARM, AIM, AAM Property & Casualty Insurance Commentary

To become an Independent Agent with AAA George Maglares (847) 867-6099 GSMaglares@acg.aaa.com

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wisconsin INDEPENDENT AGENT

It shouldn’t take four days with no power, water, or communication to find out who your friends are.

BUT SOMETIMES IT DOES.

And that’s the Silver Lining®.

wisconsin INDEPENDENT AGENT

| AUGUST 2021 | 29

GOVERNMENT AFFAIRS

INDUSTRY SEEKS TO UPDATE WISCONSIN MUNICIPAL RAZE ORDER LAW Changes to Wisconsin’s municipal raze order law for single family insured dwellings is on the docket for the fall legislative session in order to update current state statutes to address urban and rural areas of the state where there are increasing discrepancies between equalized assessed value and replacement cost value. Senate Bill 434 (SB 434) has been introduced by Senator Rob Stafsholt (R-New Richmond), Senator Lena Taylor (D-Milwaukee) and Representative Gae Magnifici (R-Dresser). The bill has received bipartisan support with 19 cosponsors on the bill from a variety of lawmakers who recognize the need to update our state raze order law in order to maintain an affordable and available homeowners insurance market in Wisconsin. Fires, storms, floods, and sudden perils can leave homes significantly damaged or destroyed. Sometimes these events result in a total loss and in other instances a dwelling may suffer significant physical damage, but can be reasonably repaired. When possible, repairing a home damaged by a sudden peril may be the most cost effective means of making insureds whole following a loss. Under current law in Wisconsin, local municipalities may issue raze orders, ordering a property to be levelled and returned to a dust free state if the cost of repairs exceeds 50% of the equalized assessed value of the home. A raze order issued for a home that can be repaired results in an inefficient allocation of resources, resulting in increased premiums 30 30 || AUGUST AUGUST 2021 2021 ||

wisconsin wisconsin INDEPENDENT INDEPENDENT AGENT AGENT

for homeowners and undermines the principle of indemnity underlying insurance policies. The negative effects on premiums and insurance coverage this practice creates is most felt in low assessed value areas of the state where the market is showing signs of dislocation where homeowners may not be able to obtain coverage. Combine this with the skyrocketing costs of building materials, labor costs and creeping inflation makes for the perfect storm that doesn’t bode well for property owners. Under the proposed language contained in Senate Bill 434, a municipality may not issue a raze order for an insured dwelling that has incurred damage that is covered under the insurance policy unless the municipality does all of the following: 1. Provides notice of intent to issue a raze order to the owner of record of the dwelling, the holder of any encumbrance on the dwelling, and the insurer of the dwelling. 2. Accepts and considers certain materials submitted to it that assist in establishing the extent of damage or the reasonable cost of repairs to the dwelling. 3. Conducts an on-site inspection of the dwelling to assess the extent of covered damage. 4. Determines the estimated cost of repairs for the dwelling. 5. Determines that repair of the dwelling is not reasonable. The bill also specifies that for an insured dwelling if the municipality determines

that the estimated cost of repairs of the dwelling does not exceed 70 percent of the insurance policy limits of the dwelling, the repairs are presumed reasonable.

of total loss payments under Wisconsin’s Value Policy Law. Public adjusters are financially incentivized to total out a damaged property regardless of whether there is merit in doing so. The bill has widespread support from the insurance industry, including the IIAW and Wisconsin Insurance Alliance, as well as from the Cooperative Network (WAMIC), Wisconsin Realtors Association, the Wisconsin Commercial Real Estate Development Association, and the PIA of Wisconsin.

Many municipalities do not even physically inspect a damaged property currently so an order to raze a dwelling at the 50 percent assessed value threshold could be premature or unwarranted. Also, updating state statutes to tie any municipal raze order to the insured value rather than assessed value just makes common sense since the insured value reflects actual replacement costs of a dwelling versus assessed A public hearing on the bill has been scheduled value which does not. The Wisconsin League of by the Senate Insurance, Licensing and Forestry Municipalities and the City of Milwaukee have Committee for July 21st. registered in opposition to the bill because many local units of government do not want to have to change their longstanding practices on when and how they may issue raze orders. The American Adjusters Association, a national trade group of public insurance adjusters out of Denver, >M isha Lee Colorado, is also strongly opposed to the bill IIAW Lobbyist because if enacted into law, there would be less raze orders issued and a reduction in the number

Company Name: Arlington/Roe Website: arlingtonroe.com Date Company Was Founded: August 1964 Current Officers: • James A. Roe, President and Chief Executive Officer • Janet Phillips, Executive Vice President, Personal Lines • Andy Roe, Executive Vice President • Jim Eades, Executive Vice President • J. Patrick Roe, Senior Vice President, Marketing & Sales • John Immordino, Senior Vice President, Professional Liability • Rick Pitts, Vice President and General Counsel •Mark Garner, Senior Vice President of Operations WI Team: Molly Anderson, Aimi Kunesh, Molly Knox, Bev Lautenbach and Kelly Cannistra Products Company Specializes In: Arlington/Roe is a family-owned independent managing general agency and wholesale insurance broker headquartered in

Company Name: Auto-Owners Insurance Website: www.auto-owners.com Location of Headquarters: Lansing, Michigan Date Company Was Founded: July 1, 1916 Current Officers: • Jeff Tagsold, Chairman & CEO • Mike Pike, President •Jamie Whisnant, Executive Vice President

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Indianapolis, Indiana operating in the core states of Illinois, Indiana, Kentucky, Michigan, Minnesota, Missouri, Ohio, Tennessee and Wisconsin. The company specializes in Aviation, Bonds, Cannabis, Commercial Agribusiness, Farm & Ranch, Healthcare & Human Services, Personal Lines, Professional Liability, Property & Casualty, Transportation and Workers’ Compensation. In addition to several other areas of expertise, the company specializes in finding the right solution for complex risk challenges through cross-department teamwork and access to a broad range of over 200 carriers. Outlook for the Company’s Future: Arlington/ Roe’s growth includes significant increases in human resources, sales, state offices, and markets available to assist our independent agents. Premium volume is expected to grow to $300 million from the current $230 million in the next five years. For Wisconsin, the most significant development has been the hiring of a new State Marketing Manager, Molly Anderson, and growing our agency relationship base with our Milwaukee based production team. President and CEO Jim Roe said, “Our corporate values shine through our people, and we thank our Wisconsin agency partners for the trust you place in us.” Senior Vice President of Marketing & Sales, J. Patrick Roe added, “in both a world and industry of constant change, we will continue to stay fiercely independent and find the best talent, tools and efficiencies to be the number one wholesale broker of choice for the IIAW member agents in the Badger state.”

Products Company Specializes In: We provide a wide range of personal, commercial and farm products. Auto-Owners specializes in garage risks (auto, boat and ATV sales and repair operations), contractors, light manufacturing, and commercial auto including trucking, as well as Main Street BOP business. We also offer loss control services within the state of Wisconsin. We offer a full range of life, health and annuity products. Outlook for the Company’s Future: With our Simple Human Sense® approach to insurance, we will continue to be committed to the independent agency system in marketing our products. We’ve grown to become the 16th largest property & casualty company in the nation. We expect to maintain AM Best’s highest rating (A++ Superior), which we have earned every year since 1972. That makes us an especially attractive place for agents to place their customers’ business.

OUR BLUEPRINT FOR SUCCESS Central’s go to market strategy is designed to deliver optimal value propositions of technology, relationships and hospitality-focused service, while enhancing and expanding our product offerings. SEGMENTS WHERE WE ADD THE MOST VALUE: • MANUFACTURING • CONSTRUCTION • SMALL BUSINESS LET US HELP YOU STAND OUT! Contact me to learn more about the value of partnering with Central. Rob Gudates Wisconsin Marketing Manager rgudates@central-insurance.com Ph: 262.282.2153

CENTRAL-INSURANCE.COM

The Central Insurance Companies are comprised of Central Mutual Insurance Company and All America Insurance Company.

Local Leadership: Kristina Talkowski, Branch Manager, CNA Wisconsin

Company Name: CNA Website: www.cna.com Location of Headquarters: CNA Wisconsin 10000 Innovation Drive, Suite 320 Wauwatosa, WI 53226 Date Company Was Founded: 1897 Current Officers: • Dino E. Robusto, Chairman and Chief Executive Officer • Douglas M. Worman, Executive Vice President

Products Company Specializes In: In addition to our broad appetite for business risks, CNA focuses on construction, manufacturing, technology , healthcare, professional services, financial institutions, real estate and small business. Outlook for the Company’s Future: We know your time is valuable. You expect to work with insurance specialists who have the expertise and understanding of their clients’ business needs, and can deliver full and meaningful solutions. CNA Wisconsin’s experienced branch staff is ready to respond to the needs of you and your clients. With a powerful legacy, an international reach built on a strong local presence, well-known business insurance expertise, and a deep commitment to our agents, brokers and customers, we offer more than just a policy – we deliver distinctive insurance solutions and promise a superior customer experience. It is these core attributes and our relationships with you that provide a strong foundation for continued mutual growth.

COVERAGE TO PROTECT WHAT YOUR CLIENTS CARE ABOUT MOST Encova Insurance can provide your clients with custom-tailored insurance to meet their unique needs. Our auto, home, life and business insurance, including workers’ compensation, ensure they are protected when they need it most.

AUTO • HOME • LIFE • BUSINESS

encova.com

Company Name: Madison Mutual Insurance Company

Products Company Specializes In: Madison Mutual is proud to specialize in auto, home, farm and personal umbrella insurance for residents in Illinois, Missouri, Indiana and Wisconsin.

Outlook for the Company’s Future: Madison Mutual Insurance Company has always believed Website: www.madisonmutual.com that to ensure that our policy holders are taken care of, we must provide quality products and Location of Headquarters: Edwardsville, IL assistance. At Madison Mutual, our agents and policy holders are not just clients, they are family. Date Company Was Founded: January 1920 The future of the company is strong. Madison Mutual intends to do the same thing we have Current Officers: done for over 100 years in the business, which is • Michael H. Wenos - CPCU, President to build and maintain a superior relationship with • Ann Frank - Vice President and Treasurer our policy holders, independent agents and the • Nick Lannutti - Vice President of Operations and local community through our competitive pricing Chief Actuary and care of their well-being. •Brian Gifford - CPCU, CHFC, CLU, Director of Claims • Paul Beckley - Director of IT

We continue to focus on the changing needs of our policyholders and that has led to more coverage options, endorsements and socialized programs. Our personal lines products include auto, home, umbrella and farm.

Company Name: Wisconsin Mutual Insurance Website: www.wiins.com Location of Headquarters: Madison, WI Date Company Was Founded: 1903 Current Officers: • Dan Keyes, President/CEO •Holly Casavant, Corporate Secretary/HR Director Products Company Specializes In: WMI has written personal lines insurance in Wisconsin, and recently Minnesota, through independent agents for over 100 years. Throughout this time, we have focused on customer service and the “human touch” that allows our policyholders to have confidence in the insurance process and our partnership. Calls are answered by a person who directs them to the WMI specialist that can best service their needs, not an endless automated system. However, we also appreciate the convenience that technology offers and are constantly working to offer new online tools.

In addition, Wisconsin Mutual is proud to support the small to medium size farms that are so critical to Wisconsin and Minnesota. We grow in this market segment every year, and pride ourselves on the local expertise we can offer farmers in the communities we serve. Our commercial book of business in tailored for small to medium size residential accounts and small artisan contractors. Outlook for the Company’s Future: Wisconsin Mutual’s strong performance is a product of the contributions of our dedicated employees and agents providing exceptional customer service to our policyholders through both person-to-person interaction and the effective use of technology. Finding a balance between maintaining our industry-leading expense ratio and continuing to invest in and cultivate the use of technology, is a strong focus in our immediate future. Comments: Independent agents interested in learning more about WMI should contact our Marketing Representative, Caleb Fredrickson at 608-828-1403 or Vice President, Kellye Golden at 608-828-1431.

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Learn more wpsmedicaresolutions.com 1-800-748-0582 Neither Wisconsin Physicians Service Insurance Corporation, nor its agents, nor products are connected with the federal Medicare program. For agent use only. Not intended to be distributed to the public or used as a consumer solicitation. 1WPS customer support survey, 2020. 2Internal persistency report, 2020. ©2021 Wisconsin Physicians Service Insurance Corporation. All rights reserved. JO21004 36408-100-2107

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A.M. BEST AFFIRMS A-EXCELLENT RATING FOR SOCIETY INSURANCE

Fond du Lac, WI (June 14, 2021) - Society Insurance recently had its overall financial strength affirmed as A(Excellent) with Stable Outlook by international rating agency A.M. Best Rating Services. Society has maintained this rating and outlook since 2007. “Given the multiple business challenges that our company, policyholders and agents have faced over the past year, it’s gratifying to see our A- (Excellent) rating and Stable Outlook affirmed by A.M. Best,” said Rick Parks, Society Insurance president & CEO. “We are particularly pleased that Best has once again rated Society’s risk-adjusted balance sheet strength as “very strong,” as measured by Best’s Capital Adequacy Ratio (BCAR).” A.M. Best provides ratings that assess the creditworthiness of more than 16,000 insurance companies across the world. An A.M. Best rating is an informed summary opinion of a company’s ability to pay claims, debts and other obligations as they arise. Society’s A.M. Best rating is effective June 10, 2021. For the latest rating, access www.ambest.com. ABOUT SOCIETY INSURANCE: Headquartered in Fond du Lac, Wis., Society Insurance has been a leading niche insurance carrier since 1915. Society focuses on the small details that make a big difference to its policyholders while offering top-notch insurance coverage, service and competitive pricing to businesses in Colorado, Georgia, Illinois, Indiana, Iowa, Minnesota, Tennessee and Wisconsin.

ACUITY’S KERI HERLONG RECEIVES TOP INTERNATIONAL INSURANCE PROFESSIONAL AWARD. 36 | AUGUST 2021 |

wisconsin INDEPENDENT AGENT

Sheboygan, WI (July 7, 2021) - Acuity Senior Commercial Field Underwriter Keri Herlong has been honored by the International Association of Insurance Professionals (IAIP) as the Risk Management Professional of the Year. Keri was selected from nominees across the IAIP’s seven regions. “It was the honor of the International Association of Insurance Professionals to present Keri Herlong with the International Risk Management Professional of the Year for the 2020-2021 term. Keri embodies the definition of a true risk management professional. She applies the principles of forecasting, analysis, and mitigation not only in her service to her clients, but Keri also extends those attributes to her teamwork, leadership, and perseverance within the association. Keri is an excellent ambassador to the industry we serve, as well as a respected trailblazer, mentor, facilitator, and educator to the members of IAIP,” said Lauri Oakden-Binder, IAIP’s 2020/2021 International President. The Risk Management Professional of the Year is an award to recognize a risk management professional who has demonstrated superior knowledge of the risk management field, experienced professional advancement through educational pursuits, demonstrated leadership in the field, and is an active participant in IAIP activities. Criteria include IAIP involvement, continuing education, industry involvement, community involvement, and an essay on an industry topic. Keri has over 25 years of experience in the insurance industry and has a passion for continuing education, earning multiple designations from The National Alliance (CIC, CRM, CISR), The Institutes (CPCU, AIM, ACSR), and IAIP (CIIP, CLP, DAE), as well as the CRIS designation from IRMI. In 2020, after competing against five other contestants, she won the International Award in the Confidence While Communicating speak-off.

COO BATON HANDOFF After 20 remarkable years of outstanding service and dedication to Robertson Ryan, along with 37 years in the business, Gary Burton Chief Operating Officer is passing on the baton of leadership. We are pleased to announce Dan Lau, our current VP of Operations, will be assuming the COO role effective as of July 1, 2021. Gary will remain on the Sr. Management Team as an Executive Vice President and as part of the RRA Family for an extended period of time. He will continue to work on complex claims, be involved with challenging risks and serve as a valuable resource on strategic projects for the agency.

Prior to joining Robertson Ryan, Gary spent 17 years with Aon Risk Services, 4 years as a Risk Manager and 3 years in public accounting. He is a graduate of the University of Wisconsin – Whitewater with a BBA in Accounting and is a Certified Public Accountant. Gary has helped champion tremendous growth for Robertson Ryan and we are beyond grateful for his vast contributions to our agency. When Gary started with RRA in 2001, we had approximately 30 agents and 1 office in Wisconsin. Today, we have over 120 agents and 27 locations across the US. Gary grew and developed many insurance carrier relationships that have helped RRA better serve our agent owners and ultimately our insureds. He has served a crucial role in paving the path to our Top 100 US Insurance Agency placement. Dan graduated from the University of Wisconsin Whitewater with a Bachelor’s degree in Administration, Finance. He began his insurance career in 2005 as a Commercial Lines Underwriter at West Bend Mutual Insurance Company. To further strengthen his industry experience in 2006 he completed his Associate in Underwriting (AU) and Associate in Insurance Services (AIS) designations. In 2011 Dan joined Liberty Mutual Insurance where he was the Territory Manager for Wisconsin before starting with Robertson Ryan in 2014 managing commercial insurance placement. Dan serves on the Board of Directors and is Past Chair of the Emerging Leaders Committee with the Independent Insurance Agents of Wisconsin. Dan embodies the qualities we look for in Robertson Ryan leaders. He will continue to bring a wealth of insurance knowledge to guide our team and play a crucial role leading our management team and agency to new levels. We would like to acknowledge and express our gratitude to Gary for so many positive contributions to Robertson Ryan over the last two decades and offer our congratulations to Dan on his promotion. RRA is well positioned for continued success and growth for many years to come.

SECURA INSURANCE AWARDED WELL CERTIFICATION

Neenah, WI (July 8, 2021) - SECURA Insurance has been awarded WELL Certification at the Gold level for its

home office by the International WELL Building Institute (IWBI). The prestigious distinction was awarded through IWBI’s WELL v2, the latest version of the WELL Building Standard. WELL is the premier building standard to focus on enhancing people’s health and well-being through the buildings where we live, work, and play. The WELL Building Standard is a performance-based certification system that marries best practices in design and construction with evidence-based scientific research. The SECURA home office, designed by Eppstein Uhen Architects (EUA) and constructed by C.D. Smith, earned the distinction based on ten categories of building performance – Air, Water, Nourishment, Light, Movement, Thermal Comfort, Materials, Sound, Mind, and Community – and achieved a Gold level rating. SECURA started the process to pursue a WELL Certification when it began the design for its home office building, which opened in October 2019. Building elements like lighting, air quality, and flexible work spaces, along with company policies and resources for continuing education and mental health support were all designed to make sure associates are supported and have a safe and healthy environment to work in. “From the onset of planning our new home office, Clint Dusenbery, SECURA Manager – Facilities, and the executive team had a vision of creating an associate building that would be focused on wellbeing,” said Garth Wicinsky, Senior Vice President and Chief Administrative Officer. “From the natural lighting, the quality of the air, and the many other associate-centered features, we purposely designed the building with associate health in mind.” To be awarded WELL Certification by IWBI, SECURA underwent rigorous testing and a final evaluation carried out by Green Business Certification Inc. (GBCI), which is the third-party certification body for WELL, to ensure it met all WELL Certified Gold performance requirements. SECURA is the first insurance company in Wisconsin to earn the WELL Certification and one of only two buildings in the state that are certified. ABOUT SECURA INSURANCE SECURA Insurance is headquartered in Neenah, Wis. Approximately 550 independent insurance agencies in 12 states represent the company, which provides a broad range of competitive commercial, personal, farm, nonprofit, and special events products. It is known for providing exceptional service to its agents and policyholders since 1900, and is rated A (Excellent) by A.M. Best for its excellent ability to meet policyholder obligations. The carrier is a Ward’s Top 50 company for outstanding results in financial performance and consistency over a five-year period, and it is a certified Great Place to Work. Visit www. secura.net to learn more. wisconsin INDEPENDENT AGENT

| AUGUST 2021 | 37

COMMENTARY FROM COUNSEL

WISCONSIN’S NEW INSURANCE DATA SECURITY LAW On July 15, 2021, Governor Evers signed into law Act 73, the Wisconsin Insurance Data Security Law (the “Act”). The Act establishes data security requirements for the protection of nonpublic information of consumer and information systems for entities regulated by the Wisconsin Office of the Commissioner of Insurance (the “OCI”), including insurance companies, insurance agencies, and public adjusters (“licensees”). Godfrey & Kahn is working with the IIAW to provide a comprehensive guide to the Act that will help your agency navigate the new requirements. In the meantime, here are some of the highlights. The Act defines a host of cybersecurity concepts and outlines licensees’ obligations around them, including robust protection for consumers’ nonpublic information. These concepts will be broken down in detail in the upcoming IIAW guide. At a high level, the Act requires licensees to take preventative measures to combat cybersecurity events, including (1) performance of a risk assessment, (2) implementation of an information security program (an “ISP”), (3) development of an incident response plan,(4) submission of an annual certification of compliance to the OCI, (5) investigations of cybersecurity events and (6) notifications to the OCI and others regarding the unauthorized acquisition of personal information. The Act is modeled after the National Association of Insurance Commissioner’s Insurance Data Security Model Law 668, but includes several modifications unique to Wisconsin. The Act takes effect on November 1, 2021, but requires those licensees required to implement an ISP to do so by July of 2022. Important to independent insurance agents and agencies throughout Wisconsin, the

Act provides exemptions from certain requirements, including the implementation of an ISP, for which many independent agents and agencies my qualify. First, individual independent agents are exempted from the Act to the extent they are covered by the ISP of their licensed agency. The Wisconsin Act also adopted a set of broader exemptions than the NAIC Model Act from the ISP requirements for “smaller” licensees. These exemptions are not unlimited, however, and the details of each will be included in the upcoming guide. It is also worth noting that, even with the benefit of an exemption, in the current cyber-risk environment, voluntarily taking on some of the Act’s requirements may be in your agency’s best interests. And, in addition to the aforementioned exemptions, the Act also provides exemptions for licensees subject to HIPAA who maintain nonpublic information the same manner as protected health information under HIPAA, licensees affiliated with a depository institution that maintain an information security program in compliance the interagency guidelines required by the Gramm-Leach-Bliley Act and implementing regulations, and licensees affiliated with an entity established under the Federal Farm Credit Act of 1971. Stay tuned for the IIAW guide on the new law and, of course, feel free to reach out with any questions.

>J osh Johanningmeier IIAW General Counsel

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| AUGUST 2021 | 39

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