NOVEMBER 2020
GIVING BACK AND GOING FORWARD How Progressive is helping their Wisconsin agents grow
Heather Day General Manager, Agency Sales & Distribution PROGRESSIVE INSURANCE
20A00664.C (10/20)
CONTENTS wisconsin INDEPENDENT AGENT
COVER STORY: Exclusive Spotlight - Giving Back and Going Forward
This month, we spotlight our Exclusive Partner, Progressive Insurance. Progressive has recently become the #1 personal and commercial auto insurer by written premium in the independent agency channel and continues to support our independent agents in Wisconsin. Through the COVID-19 Relief Fund and their own Apron Relief Program, we are proud to highlight Progressive Insurance.
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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
INSURANCE BARTENDER..........................................................10-11 Zoom Etiquette to Help Combat Zoom Fatigue
RISKY BUSINESS.............................................................................14-15 We Met Online
ASK AN EXPERT.............................................................................17
Chairman of the Board:
Chris Costakis | Midwest Insurance Group, Delafield
State National Director:
Steve Leitch | Leitch Insurance, River Falls
2020-2021 BOARD OF DIRECTORS
Q: Church-Owned: Pastor Insured: Is this Correct?
Mike Ansay | Ansay & Associates, Port Washington
GOVERNMENT AFFAIRS.............................................................18
Aaron Marsh | Marsh Insurance Services, Inc., Rice Lake
Lawsuit Filed to Stop Publication of Businesses with COVID Cases
VIRTUAL UNIVERSITY.................................................................24-25
Bird Flu, Swine Flu, Just the Flu and Pandemics: How Workers’ Compensation Responds
MEMBERS IN THE NEWS..............................................................27-28 COMMENTARY FROM COUNSEL...............................................30 New Unemployment Insurance Notice Requirement for Wisconsin Employers
FOOD FOR THOUGHT....................................................................31
ADVERTISERS INDEX AAA......................................................................31 ACUITY................................................................22 Arlington/Roe...................................................16 Berkshire Hathaway GUARD....................3 Badger Mutual Insurance............................30 DAIS......................................................................8 EMC......................................................................12 IMT........................................................................28 Integrity...............................................................7 JM Wilson..........................................................32 Keystone Insurers Group............................9 Penn National...................................................21 Progressive.........................................................4 Robertson Ryan & Associates...................25 Secura Insurance Companies.....................29 Society Insurance............................................19 West Bend..........................................................23 Western National............................................26 2 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
Mike Harrison | R&R Insurance Services, Inc., Waukesha Dan Lau | Robertson Ryan & Associates, Milwaukee Joanne Lukas Szymaszek | Johnson Insurance Services, LLC, Racine Chad Tisonik | HNI Risk Services, LLC, New Berlin Andrea Nelson | Unisource Insurance Associates, LLC, Wauwatosa Jonathon Zwettler | Baer Insurance Services, Middleton
IIAW Staff Matt Banaszynski | Chief Executive Officer 608.256.4429 • matt@iiaw.com 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 | Technology and Risk Advisor 608.210.2971 • evan@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. © 2020
For information on advertising, contact Kaylyn Zielinski, 608.210.2977 or kaylyn@iiaw.com.
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wisconsin INDEPENDENT AGENT
| NOVEMBER 2020 | 3
A G E NTS OF
AGENTS OF THE
Progressive is now Wisconsin’s No. 1 personal auto carrier From the National Mustard Museum to the Wisconsin Dells and even Devil’s Lake Park, there are so many things to enjoy about the badger state. Our favorite thing is our agents who strive to keep their customers safe and protected. Thanks in large part to our Wisconsin agents, Progressive is now the No. 1* choice for auto insurance in the state. We bring stability, innovation, and brand power to agents everywhere as we strive to be your No. 1 choice for all your customers’ insurance needs. To learn more, search for us online at Agents of Progressive, Progressive Connect, or Progressive Appointment.
*No. 1 by written premium from NAIC’s 2019 P&C Ins. Market Share Report (includes auto, motorcycle and RV). 20A00664.AD (10/20)
EXCLUSIVE SPOTLIGHT
GIVING BACK AND GOING FORWARD Last month our magazine article, “The Power of People” focused on a few of the ways that our Exclusive Company Members are supporting their communities. In addition to supporting their communities, our Exclusive Company Members are also supporting the independent agency channel as we work through the COVID-19 pandemic together. We want to take a moment to recognize how Progressive, one of our Exclusive Company Members, is supporting the independent agency channel throughout the pandemic and moving forward. The IA channel drives more than half of Progressive’s Personal and Commercial Lines revenue. Their vision is to become consumers’ and agents’ #1 choice and destination for auto, home and other insurance. “We’ve made significant investments in the independent agency channel - our recent purchase of ASI to ensure we can offer home and property products, the introduction of the Platinum and Priority partner programs featuring meaningful commission and bonus opportunities, investing in technology, deploying a new quoting system across both our personal and commercial lines of business, unveiling new commercial products like BOP, and more. Bottom line, we’re committed to independent agents,” said Heather Day, General Management of Agency Distribution.
Bottom line, we’re committed to independent agents.
Thanks in large part to their Wisconsin independent agents, Progressive is now the #1 personal and commercial auto insurer by written premium in the independent agency channel. In addition, they’re also #1 in motorcycle and a leader in boat and RV in the IA channel - they insure over 5M motorcycles, boats and RVs.
Supporting the IA Channel and Agents Throughout the Pandemic Throughout the pandemic, Progressive has focused on ways to support the independent agency channel and agents.
First, Progressive donated $2M to the Big “I” Trusted Choice COVID-19 Relief Fund to provide grants directly to agents. Next, they introduced their Apron Relief Program which was established to assist their customers, employees, communities and agents by committing over $1 Billion to them in this time of need. “It was important to me and my team that we take a holistic approach to our response to the pandemic so we introduced the Apron Relief Program to ensure we focused on our four primary constituencies: our employees, agents, customers and communities,” said Progressive CEO, Tricia Griffith.
>Heather Day
General Management of Agency Distribution
continued on page 6
wisconsin INDEPENDENT AGENT
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Progressive also provided their Platinum and Priority Partner Program agents more opportunities to earn in this changing market via their: • Extraordinary Payout Advance option that granted bonus-eligible agents an advance on their projected 2020 bonus to help with near-term cash flow; • Growth Target Easing to help bonus-eligible agents aim for more manageable growth targets to improve their likelihood of bonus earnings; and • Platinum level award extensions to provide more time to hit certain payable performance milestones. In addition, they continued to support their agents with 24/7 servicing for their customers and virtual visits from their sales teams.
Kickstarting Growth Throughout the Second Half of the Year As they moved into the second half of the year, Progressive’s priority has shifted to a “return to growth” strategy to help their agents find, write and keep more customers within an agency. Progressive recently completed their biggest incentive ever, Progressive Agents’ Multi-Million Dollar Summer to reward agents and producers with additional compensation opportunities to help drive growth. Additionally, Progressive has rolled out usage-based insurance options, Snapshot (PL)
and Snapshot ProView and Smart Haul (CL), to help agents’ customers save. Personal Auto customers can earn a discount with Snapshot and now with Snapshot ProView joining their Smart Haul option, nearly every Commercial Auto customer can receive instant savings of at least 5%, and start using business tools like their Fleet Dashboard with near real-time vehicle tracking and geofencing at no extra cost. Progressive has also put a focus on their marketing assistance for agents by offering Progressive Marketing, a one-stop shop for co-branded digital and offline marketing materials and their “Path to Partnership: Discover Your Route to Growth!” Campaign, which consisted of a series of emails and live video chats featuring Progressive marketing and sales experts providing tips and guidance on how to keep, nurture and build more business. Progressive believes that the room to grow with their agents is substantial and they continue to analyze and optimize their sales systems and organizational effectiveness to prepare for that growth. Congratulations, Progressive on your accomplishment and thank you for your continued support of the IA channel throughout the pandemic and as we move forward together.
”
Moving forward, success means continuing to build relationships with small, medium and large agencies throughout the channel as we work to deliver solutions for a wide range of agent and customer needs. We see a very promising future and strong growth ahead with independent agents.
>Heather Day
General Management of Agency Distribution
> IIAW Staff 6 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
BOUTIQUE. INTENTIONAL. RELATIONSHIPS. It’s the meaningful relationships and investment in innovative solutions that make it easy for agents to do business with us.
Come grow with us: Contact Sales Director Cathy Colón at 920.968.9326 or ccolon@imico.com
Wow, it can do that?! Automagic™ With the Automagic release, the Internet of Insurance now automates E&O documentation and provides data you can’t live without. Includes exclusive benefits for Big I members. learn more at: www.internetofinsurance.org
8 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
Independence can’t happen alone Independence means freedom, but it also means responsibility. It is about staying true to the commitments you’ve made - to your clients, your colleagues, and your community. Keystone connects you to a community of like-minded independent agencies. Our mission remains unchanged: to provide access to the expertise, resources, and relationships that sustain independent insurance agencies over the long haul. Keystone. Independence works better together.
©2020 Keystone Insurers Group ®. All rights reserved. This does not constitute an offer to sell a franchise in any state in which the Keystone Insurers Group franchise is not registered.
Contact JoAnn Hartung for more information: 570.473.4340 jhartung@keystoneinsgrp.com keystoneinsgrp.com
INSURANCE BARTENDER
ZOOM ETIQUETTE TO HELP COMBAT ZOOM FATIGUE Zoom fatigue. By now, you’ve not only heard of it – you’ve experienced it. Before the pandemic, those of us who worked from home were accustomed to conducting most of our meetings remotely. Now that remote meetings are the norm, it seems everyone is feeling a little more burnt out than usual. Zoom meetings are causing fatigue because we have to make more emotional effort to appear and stay engaged during hour after hour of online meetings – followed by more Zooming with friends and family after work. In the absence of nonverbal cues, we’re all straining a little harder to pay attention and maintain sustained eye contact all day long, which can be draining. There are a few things all of us can do to combat the fatigue – while still maintaining Zoom etiquette.
squirrel picnic benches.” Following these tips can help combat the fatigue to some extent, because you’ll feel less stressed about how to present and how you look. Beyond this, here are some important ways you can get the most out of Zoom without it getting the most out of you. Limit video calls only to those that are necessary
Turning on your camera should be optional. Reserve your camera for important communications such as one-on-ones with your manager or leadership calls that require you to follow social cueing. Pick a few meetings each day where you can give your camera – and you – a break. Just remember that turning off the camera doesn’t In general, Zoom etiquette is the same as mean it’s time to multitask. We’ve all been on face-to-face meeting etiquette: be prepared, be on meetings when someone says “Sorry, I was time and avoid multitasking or talking over other on mute. Can you repeat that question?” or participants when they are speaking. “I didn’t catch that last part – can you repeat that?” If you’re multitasking, you probably don’t need to spend your time at the meeting – which leads us to the next tip. To really up your game, adjust your camera to be at eye level so that other people aren’t looking up Come prepared your nose or at the side of your face. Make sure you have good lighting so that you look less tired Come to the meeting with an expectation about from all the extra hours you’re putting in now that the workday never really ends. It’s also important to what you will need to be an effective participant. Back when we gathered physically, do you practice your presentation and how to share your remember the people who wandered into the screen before meetings so that you can avoid the meeting but didn’t contribute or track to-dos? No embarrassment of everyone looking at the web paper, no pen, no notebook, no PC. page you still have up on your desktop called “DIY 10 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
Don’t be “that person” on a Zoom call, Anticipate the needs of the meeting and be prepared to share data, documents and to give input that helps the team make quick decisions. Too often now on Zoom calls, unprepared people are more than happy to kick the can to the next meeting, or waste 12 minutes sharing their screen while you get a front row to their filing system as they look for the latest spreadsheet or report. If you have your ducks in a row ahead of time, the meeting should be more efficient, and you may be able to end it early. Track the meeting
The 15 minutes everyone spends “reconnecting” at the beginning of five Zoom meetings per day means that’s happening 20 times a week, and 80 times a month. We’re all craving connection, so consider setting aside regular time that’s specifically reserved for team members to connect and share as needed. Know your speed keys If you could get a minute back for every minute someone had to repeat the conversation that they had with themselves while inadvertently on mute, you’d only need 15 minutes to conduct a 30-minute meeting. Memorize these shortcuts or have a sticky note on the side of your screen that lists the most used quick tasks:
Pull out a physical notepad and track the meeting using handwritten notes. The act of tracking forces the brain to stay in lockstep with the meeting, learn something of value, and provide guidance to others because you are practicing the loop of active listening and recording. Think of how wonderful it will be when the meeting ends 8 minutes early because everyone stayed engaged and came to a quick consensus.
Mute or unmute audio: Alt + A Start or stop video: Alt + V Start recording a meeting: Alt + R Pause or resume screen recording: Alt + P Pause or resume screen sharing: Alt + S Being an effective Zoom participant means being an effective communicator. That means coming prepared, being an active listener, and practicing social awareness. It’s a new world we live in with everyone on cameras and audio, but these few tips can boost your Zoom etiquette and improve how you feel during and after meetings.
Share – but don’t overshare Spending a few minutes during each meeting connecting with everyone is good Zoom etiquette, but there can be such a thing as too much sharing.
Maple Old-Fashioned
Matt’s Mixology
This twist on the classic Wisconsin favorite is the perfect companion to the fall season.
Ingredients • 2 oz. rye whiskey or bourbon • 1 tsp. pure maple syrup • Dash of Angostura bitters • Orange peel (for garnish)
Directions
1. Mix whiskey, maple syrup, bitters and 1 tsp. water in an old-fashioned glass until syrup is dissolved. 2. Add a single large ice cube, then garnish with orange peel. wisconsin INDEPENDENT AGENT |
NOVEMBER 2020 | 11
When it comes to supporting independent insurance agents, we believe that growth starts close to home. That’s why EMC has offices and representatives across the country — giving you personalized service from a trusted partner who knows the local market. And because we tailor our insurance solutions and loss control services to meet the unique needs of your customers, you can always count on bringing the best products to the table.
www.emcins.com ©Copyright Employers Mutual Casualty Company 2020. All rights reserved.
12 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
The Independent Insurance Agents of Wisconsin Presents:
Online Community • LIVE NOW •
Step One: Sign Up Go to iiaw.com/joincommunity. First, fill out the survey on the web-page. Then, you’ll get an invite email from IIAW Online Community - be sure to check your junk or spam folder. Once you click sign up in the invite email, you’ll have access to the Online Community!
Step Two: Join Groups Find and join the Groups (formerly known as “Committees”) that align with your interests. ne w!
ne w! Agency Accounting
Employee Benefits
Agency Operations
Government & Regulatory Affairs
Agency Technology
Industry Relations
Education & Events
ne w!
Internet of Insurance
Emerging Leaders
Marketing & Communications
ne w!
Legal
Step Three: Earn Points Earn points as you connect, collaborate and engage with others in the Online Community!
+10
points
Per post, discussion or question
+5
points
Per reply, answer or comment
+1
point Per each like you receive on content you’ve posted
Step Four: Earn Rewards
Each quarter, reach certain point thresholds to receive the below rewards:
300-599 points: $25 Gift Card to a Local Business Near You
600-899 points: $25 Gift Card & $100 Donation to a Local Charity Near You
900+ points: $25 Gift Card & $100 Donation AND IIAW Surprise Swag Bag
RISKY BUSINESS
WE MET ONLINE Build Past Relationships and Establish New Ones in the IIAW Online Community “Less Risk. More Reward.” That is the title of the course I teach for IIAW E&O policyholders. Those four simple words are at the root of business (and personal) decisions every day – or at least if you are a risk manager they are! “Does the reward outweigh the risk?”. Today, I have a decision for you to make and the risk v. reward conversation is a short one. Join the IIAW Online Community? Well YES, the rewards are endless! Let’s face it, some people get nervous about the idea of sharing information or asking questions while in a group of their peers. We get that and want to create a space where those nerves become a thing of the past. Our goal is to offer a place for agents, carriers and vendors to all help each other be more efficient (ask a question versus spend hours researching it on your own), more social (not many of us are heading to the bar for cocktails after work these days) and develop new relationships (shook hands to introduce yourself to someone lately?). The IIAW Online Community was introduced to IIAW Committee Members – now called Thought Leaders – on October 15th. The questions, discussions and polls that have already been 14 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
posted in just the past few weeks have us laughing, thinking and exploring. To put it simply, it has been awesome. Here are some of the posts you can expect to see when you sign up for the Online Community – which we definitely encourage you to do: Do you use a VoIP phone system? If so, what system do you use and have you encountered any issues?
Show us your SNOW pictures!
Do you use an internal communication system like Slack or Teams to communicate within your agency?
Anyone want to have an in-person or virtual happy hour?
The Online Community is not only a rewarding virtual experience, we’ve extended the benefits to your local community as well. Participants are eligible to earn gift cards to local businesses of their choice, donations to local non-profit organizations of their choice as well as IIAW swag items (YETI beer mug, smart plugs, whiteboard deskmate – the good kind of swag!). While there is a lot going on in the world, this is an exciting place to get back to networking, building relationships and treating yourself to some free gifts. We look forward to connecting in the Online Community and “meeting” some new agency team members who have not been a part of the conversation in the past. Meet you there!
> Mallory Cornell,
IIAW Vice President and Director of Risk Management
wisconsin INDEPENDENT AGENT |
NOVEMBER 2020 | 15
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ASK AN EXPERT
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VIRTUAL UNIVERSITY
Q: Church-Owned, Pastor Insured: Is this Correct? I have an opportunity to possibly write an auto insurance renewal for a situation that I have not seen before and would like an expert opinion. A vehicle is registered to a commercial business entity, a church, which provides the vehicle to the senior pastor and his wife for their personal usage. Currently, the pastor has the vehicle insured on his own personal policy and the church is not listed as an additional insured on the personal auto policy. The pastor and his wife use this vehicle mostly for their personal use, but regularly they do drive to handle the business affairs of the church. My initial thoughts are that this risk is incorrectly insured at this time. I think that the risk should be insured on a commercial auto policy with the registered owner of the vehicle, the church, as the named insured and the senior pastor and his wife listed as additional insureds. Can you please confirm what is the correct way to properly insure this risk?
A: You are correct. You might also write a named non-owner policy on the couple. That would ensure that their limits were correct and would cover them for their potential use of other vehicles. ---------I agree—it’s probably being done wrong, and in a way that could leave somebody without coverage and you with an E & O lawsuit. ---------The Pastor needs a personal Non Owned (or owners) Auto Liability policy, this is can be written with the same carrier as the pastor’s renters policy so he gets a multi policy credit, usually the credit pays for most of the auto policy. The downfall of the Non-Owned Auto Liability policy is many do not provide coverage for comp and collision coverage on rented auto. The downfall of the DOC is doesn’t provide automatic coverage for the pastor’s kids. If the pastor has a car he owns that his wife drives and has a personal auto policy that he will keep he doesn’t need DOC or Non Owned Auto Liability policy. ---------The vehicle owner should insure the car. If the pastor owns no other autos, write a named non-owner policy rather than endorsing the BAP with a Drive Other Cars endorsement. ---------The church does need a BAP on this vehicle since they own it. Although this is written incorrectly, the car does currently qualify as a covered auto in the PAP because the definition of “your covered auto” includes any vehicle listed on the policy; and the church would be an insured by virtue of the extension of insured status as follows:
B. “Insured” as used in this Part means: 3. For “your covered auto”, any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part. But the limits are way too low for the church to depend on at the time of a loss. ---------You are correct, this belongs under a Business Auto Policy for the church. I don’t think the PAP serves the risk as well as a BAP. If the minister does not have any other of his own autos insured, be sure to add the Drive Other Car endorsement to the BAP to give him non-owned auto coverage. Also, address other household members (teen drivers) as well. ---------My thoughts are the vehicle should be insured under the name of the church / legal entity. I would add Drive Other Car Coverage and list any children, regardless of age if they are residents. Finally, I would offer a Named Non-Owner policy presuming the pastor /spouse does not own a personal vehicle in his or his spouses name. ---------I agree that the best approach is a commercial auto policy in the name of the church. Then the pastor and his family are covered as permissive users. I would also get either a Drive Other Car endorsement to the Commercial Auto policy or a Named Non-Owner personal policy for the pastor and his family if they drive an auto not owned by the church.
ASK AN EXPERT wisconsin INDEPENDENT AGENT |
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NOVEMBER 2020 | 17
GOVERNMENT AFFAIRS
LAWSUIT FILED TO STOP PUBLICATION OF BUSINESSES WITH COVID CASES A lawsuit filed this month seeks to prevent Governor Tony Evers and his administration from publishing a list of Wisconsin businesses that have had 2 or more confirmed cases of COVID-19 among their employees since June. The administration cited legal compliance with open record requests from the media as their basis for releasing the information. This summer, it’s relevant to point out that Governor Evers had originally stated that it was his position that the information was not public and keeping it private actually helps public officials better manage outbreaks of COVID-19. Wisconsin Manufacturers and Commerce (WMC), along with several other local area chambers of commerce, immediately brought a lawsuit seeking an injunction by the court when it was learned that Governor Evers’ Department of Health Services (DHS) had reversed course and was preparing to release a list of businesses. Subsequently, a Waukesha County circuit court judge issued a temporary restraining order stopping the release of the information. The judge’s order will remain in place through the month of November while litigants in the case prepare and make their arguments to the court. Read the lawsuit filed here. The legal challenge, in part, argues: • The records that defendants (Evers, DHS, DOA) plan to disclose are protected by patient-confidentiality laws. • Even if the information that the defendants plan to release were not explicitly protected by health-privacy laws, the open-records statute would not authorize disclosure of the information. • Disclosure would cause plaintiffs’ members and businesses across the state irreparable harm. The DHS list, if allowed to be published, would include: 1) Businesses with 25 or more employees; 2) include the business name and the number of known or suspected COVID-19 cases among employees of the business; 3) information from “closed investigations” will be provided. These are defined as businesses that had 2 or more confirmed cases within 28 days of each other, but have not had any subsequent cases within 28 days; and 4) the administration’s plan would also release business 18 | NOVEMBER 2020 |
wisconsin INDEPENDENT AGENT
information even if those businesses had no employees test positive, but had two or more contact tracing investigations. IIAW strongly objects to the publication of this list and has joined the chorus of business groups in urging the administration to reconsider its position. The action taken by the administration does nothing to protect the health of the general public. Further, it undermines the amount of time, effort and expense that Wisconsin’s essential businesses have invested in protecting their employees and their customers during this extremely challenging pandemic. The reputational and financial damage this action could cause thousands of businesses if allowed, particularly those struggling due to the negative impacts from the pandemic, could be crippling. Identifying the names of employers that had employees or customers who tested positive for COVID-19 gives the false impression that the employees or customers got the virus at their place of work or at a particular business location – when that is almost impossible to determine. Even further, the release of business names and information could also expose businesses to greater liability for frivolous lawsuits. IIAW, along with more than 70 state trade organizations, have called on the Wisconsin legislature to pass liability protection legislation for employers during the pandemic. The legislation would create a safe harbor for all property owners and occupants who are good actors against frivolous lawsuits alleging a plaintiff was infected with COVID-19 at a specific premises. The legislature has not acted, but may convene following the November 3rd election. Since filing of the lawsuit and the court’s injunction, the Department of Health Services (DHS) has not be able to provide any additional information regarding the list of businesses due to the pending litigation on the matter.
>M isha Lee IIAW Lobbyist
© 2020 Society Insurance
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.
CONTINUING
EDUCATION IIAW ONLINE EDUCATION & CE CLASSES 2020 DATE
TIME
COURSE
NOVEMBER 03 04 05 05 09 10 10 11 12 16
12PM-3PM 12PM-3PM 8AM-11AM 12PM-3PM 12PM-3PM 8AM-11AM 12PM-3PM 12PM-3PM 8AM-11AM 12PM-3PM
Homeowners Hot Topics... What You Need To Know Additional Insureds and Certificates of Insurance Life Insurance... Benefits for the Living Workers’ Compensation Businessowners Policy (BOP)... Planning for the Unexpected Business Auto Coverages Ethics - Walking a Straight Line Take Charge of Emerging Personal Automobile Trends The Dirty Dozen E&O: Roadmap to Personal Auto and Umbrella Insurance
DECEMBER 07 08 08 09 10 14 15 15 16 16 17 17
12PM-3PM 8AM-11AM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 8AM-11AM 12PM-3PM 8AM-11AM 12PM-3PM 8AM-11AM 12PM-3PM
Contractual Liability... Separating Fact From Fiction Personal Lines Checkup - What’s New and What’s Changed Insurance Valuation Strategies E&O: Commercial Liability Coverage Gaps & How to Fill Them Insuring Trusts - Protecting Your Client’s Wishes Dispelling the Myths of Workers’ Compensation Protecting Your Most Valuable Asset Ethical Dilemmas... Making the Right Choice Personal Auto Hot Topics... What You Need To Know Condominiums Cyber Liability E&O Roadmap to Homeowners Insurance
For more information and to register for these classes, visit iiaw.com/education.
QUESTIONS? CONTACT IIAW AT 608-256-4429 OR AT DIANA@IIAW.COM
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
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An Equal Employment Opportunity/Affirmative Action Employer ©2020 Penn National Insurance
Policies issued for domiciled businesses and individuals in Wisconsin and Iowa are underwritten under our affiliate, Partners Mutual Insurance Company.
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NOVEMBER 2020 | 21
OPEN SEMCI Single-entry, multiple-company interface (SEMCI) is like magic!
Acuity, long recognized as a leader in agency interface technology, is committed to supporting SEMCI in commercial lines. SEMCI drives efficiency in the quote and application process and allows you to choose how you want to do business with Acuity. Acuity currently partners with several of the leading commercial lines insurtechs. We are building, exploring partnerships, or expanding with numerous other independent agency technology solutions. And Acuity is on the forefront of integration technology, continually building the connections necessary to be ready to connect to new insurtechs as they emerge.
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VIRTUAL UNIVERSITY
BIRD FLU, SWINE FLU, JUST THE FLU AND PANDEMICS: HOW WORKERS’ COMPENSATION RESPONDS A pandemic is defined as, an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.” Does a pandemic make an illness an occupational illness” and compensable under workers’ compensation? Two tests must be satisfied before an illness or disease qualifies as occupational and thus compensable under workers’ compensation: 1. The illness or disease must be occupational,” meaning that it arose out of and was in the course and scope of the employment; and 2. The illness or disease must arise out of or be caused by conditions peculiar” to the work. Whether an illness arises out of and in the course and scope of employment is a function of the employee’s activities. The simplest test toward determining whether an injury arises out of and in the course and scope of employment” is to ask: Was the employee benefiting the employer when exposed to the illness or disease? Be warned, this test” is subject to the interpretations and intricacies of various state laws. Qualifying as occupational” is the low hurdle. The higher hurdle is whether the illness or disease is peculiar” to the work. If the illness or disease is not peculiar to the work, it is not occupational and thus not compensable under workers’ compensation. An illness or disease is peculiar” to the work when such a disease is found almost exclusively to workers in a certain field or there is an increased exposure to the illness or disease because of the employee’s working conditions. For example, black lung disease in the coal mining industry is a disease that is peculiar to the work of a miner. Coal miners are subject to prolonged exposure to higher-thannormal concentrations of coal dust leading to black lung disease. This makes the disease peculiar to the coal mining industry.
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Another example of an exposure peculiar” to the work is a healthcare worker contracting an infectious disease such as HIV or hepatitis as a result of contact with infected blood. The worker’s unusual or peculiar” exposure to such diseases results in an illness that is occupational and compensable. Qualifying an illness or disease as occupational and, more importantly, peculiar to the work (and thus compensable) may ultimately require industrial commission or court intervention to sort medical opinion from legal facts. No one test” is available to declare an illness or disease compensable or non-compensable; each case is judged on its own merits and surrounding circumstances. Concluding that an illness is occupational, peculiar to the work and ultimately compensable is not necessarily based on the disease in question but on the facts surrounding the worker’s illness. Factors investigated and considered by medical professionals and the court include: • The timing of the symptoms in relation to work: Do symptoms worsen at work and improve following prolonged absence from work (in the evening and on weekends); • Whether co-workers show or have experienced similar symptoms; • The commonality of such illness to workers in that particular industry; • An employee’s predisposition to the illness (an allergy or other medical issue); and • The worker’s personal habits and medical history. Patients in poor medical condition (overweight, smokers, unrelated heart disease, etc.) and/or with poor family medical histories may be more likely to contract a disease or illness than others in similar circumstances. Bad habits and poor medical history (and heredity) cloud the relationship between the occupation and the illness. For example, smokers may be ill-equipped to fight off the effects of illnesses to which others may have no problem being exposed.
What About (the latest Pandemic or Flu) Judged against the qualifying factors presented, does any disease declared a pandemic create a true workers’ compensation exposures? The short answer is, no, not likely.” Other than the fact that a particular disease garners intense media attention, most pandemic” diseases are no more occupational in nature than the flu. Unless! If it is proven that the employee has an increased risk of contracting any illness, sickness or disease due to the peculiarity of his or her job, then such diseases/viruses might be considered occupational and thus compensable. Remember, compensability as an occupational illness requires something about the job that increases the risk of exposure and illness. As intimated earlier, healthcare workers may be able to prove the necessary peculiarity face-to-face with sick people ALL day to assert a compensable injury. Also, as was seen with COVID, sometimes governments step in to create a rebuttable presumption that an illness is occupational. Which Policy Responds to Qualifying Occupation Illnesses and Diseases?
“gestation” periods. Employees may be exposed to the harmful condition for many years before the illness manifests. It is also possible that the employee doesn’t contract the disease until years after the exposure ends. (None of these is true in the face of a pandemic real or fabricated.) The workers’ compensation policy specifically states that the policy in effect at the employee’s last exposure responds to the illness even if the employee is working for another employer or even retired at the time the disease manifests itself. Pandemics Aren’t Special A particular disease may be a humankind exposure rather than one peculiar to most employments. Contracting a specific ailment at work is not sufficient to trigger an assertion of occupational illness. To be occupational and compensable requires something peculiar about the work that increases the likelihood of getting sick. It is unlikely that both the occupational” and peculiar” thresholds will be satisfied to make most illnesses compensable” for the vast majority of individuals. > Chris Boggs Big “I” Virtual University Executive Director
Occupational illnesses and diseases often have long
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WEST BEND MUTUAL INSURANCE RAISES $1.15 MILLION FOR MACC FUND
News Members in the
BEN SALZMANN HONORED FOR LEADERSHIP DURING COVID-19 CRISIS
Sheboygan, WI (9/15/20) — Acuity’s President and CEO Ben Salzmann has been named by Glassdoor as one of the Highest Rated CEOs During the COVID-19 Crisis. Salzmann is ranked #8 among all U.S. CEOs of large organizations (over 1,000 employees) and is the top-ranked insurance CEO in the nation. Glassdoor analyzed employee reviews to identify CEOs who have earned high praise from their employees in terms of their leadership during the COVID-19 crisis. According to Glassdoor, “It’s during difficult times that a leader really shows his or her true colors. This year in particular, CEOs have had to make a range of difficult decisions given the impact of the COVID-19 crisis. It’s clear that some employees have felt supported and taken care of throughout the past few months as their employers have tried their best to prioritize the health and safety of their workforce, while also doing what’s right for the business they lead.” “It is vital during these trying times that employees know they will be supported and they are valued,” said Bob Willis, Chairman of Acuity’s Board of Directors. “When Ben says ‘We love you’ to our people, it’s not just words—he means it and his actions show it.” “I’m deeply honored and humbled by this recognition, particularly because it comes directly from the comments of people who I am proud to call colleagues,” said Salzmann. “Most important, this is not an individual honor—Acuity’s response to the COVID-19 crisis is a testament to the work our staff has done to be prepared for the unexpected and to the commitment to everyone’s well-being that we all share.” Common trends among the Highest Rated CEOs During COVID-19 include prioritizing work-life balance, taking care of employees’ overall well-being, offering flexible and/or remote working policies, establishing strong health benefits and maintaining frequent, clear communication. On Glassdoor, current and former employees voluntarily and anonymously share insights and opinions about their work environments by sharing a company review, designed to capture a genuine and authentic inside look at what a specific job may be like at a particular company.
West Bend, WI (9/30/20) — WEST BEND, WI (September 30, 2020) – West Bend Mutual Insurance Company, along with independent insurance agents who represent the company, key business partners, friends, and associates, recently raised $1,150,000 for the MACC Fund, Midwest Athletes Against Childhood Cancer. Donations were raised at a September 22 event hosted by the company. This is the eighth time West Bend Mutual Insurance has hosted this biennial event which, to date, has generated more than $3.7 million for the MACC Fund. West Bend Mutual Insurance President and CEO Kevin Steiner has spearheaded the event for the past 12 years. “’WOW’ is the best way to describe what happened on Tuesday, September 22,” Kevin said. “We had a perfect weather day that set the stage for a record-breaking event. Our goal was to raise $1 million for the MACC Fund and the fight against childhood cancer. Because of the incredible generosity of our agents, business partners, associates, and friends, we exceeded our goal and donated $1,150,000 to the MACC Fund. This is an unbelievable accomplishment! Thanks to everyone who made this possible.” “As children throughout the Midwest fight cancer and related blood disorders, it’s generous supporters like West Bend and their equally generous agents, business partners, and associates who help bring hope to these kids and their families,” said MACC Fund President and CEO Becky Pinter. “Since its inception just 44 years ago, the MACC Fund has contributed more than 70 million dollars to cancer research and has helped increase the five-year survival rate for all types of childhood cancer from 20% in 1976 to more than 80% today. We are forever grateful to the entire team at West Bend and to their generous friends for rallying together for kids with cancer and blood disorders.” “The MACC Fund is very special to West Bend,” Steiner continued. “Throughout the past 14 years, our event has grown unbelievably. The money we raise helps doctors, nurses, researchers, and many others find treatments that are more tolerable and safer for children with cancer and blood disorders. And it helps them in their search for a cure. Very little of all money raised for cancer research goes to pediatric cancer research. The MACC Fund is vital because it focuses only on the children. “I’m so proud of this event for many reasons, but mostly because it gives kids with cancer and their families hope.” The MACC Fund is a charitable organization founded in 1976 by Jon McGlocklin, former Milwaukee Buck’s player, and former Buck’s announcer Eddie Doucette to support pediatric cancer and related blood disorder research in Wisconsin. Since its inception, the MACC Fund has contributed more than $70 million to this cause. This MACC Fund-supported research in Wisconsin impacts the treatment and cure for children throughout the state, the nation, and the world. In addition to the MACC Fund, West Bend is proud to sustain its 2020 charitable giving through the West Bend Mutual Insurance wisconsin INDEPENDENT AGENT |
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Charitable Trust and the Independent Agents’ Fund. Grants were made to organizations that include Feeding America, the Red Cross of Southeast Wisconsin, the United Performing Arts Fund, and the American Heart Association.
SECURA INSURANCE DONATES $23,250 TO FEEDING AMERICA
Neenah, WI (10/13/20) — SECURA Insurance donated $23,250 to Feeding America food banks in Arizona, Colorado, Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, North Dakota, and Wisconsin as part of a campaign with their Farm-Ag agents.
Feeding America is a network of 200 food banks across the country that works to provide meals to more than 40 million people each year. About SECURA Insurance SECURA Insurance is headquartered in Neenah, Wis. More than 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 also is a Ward’s Top 50 company for outstanding results in financial performance and consistency over a five-year period, and it is certified Great Place to Work. Visit secura.net to learn more.
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All new Farm-Ag accounts written from July 1, 2020 through Sept. 30, 2020 equaled a donation, which totaled $23,250.
Members in the
“Food banks need our support now more than ever,” said Tim Heyroth, SECURA Vice President and Chief Sales Officer. “Working with our agency partners, we were able to make a donation that will help bring meals to those in need in our communities.”
WE DIDN’T KEY THE CAR. BUT WE’RE THE KEY TO FIXING IT. AUTO INSURANCE THAT’S DESIGNED TO BE WORRY FREE Wheels are the way around life. Protect vehicles with auto insurance from the Worry Free Company — IMT Insurance. Learn how you can represent IMT Insurance at imtins.com/contact and help your policyholders Be Worry Free with IMT.
AUTO | HOME | BUSINESS
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© SECURA Insurance
LEXIE • Born into an insurance agency; worked at two of them • Loves the Green Bay Packers, music, her toddlers… in reverse order • A decade of insurance experience
Has walked in your shoes
Meet Lexie, one of our Commercial experts. Agents call her first because she’s worked at an agency and knows what they want. She’s quick to reply, open-minded, and knows her stuff; just like her colleagues. She may even trash talk football or the latest breakout rock band. High standards you can rely on from real people. Plus, they’re backed by our caring claims group who will get your clients back on their feet. SECURA Commercial. It’s how you get ahead. secura.net/commercial
Commercial | Personal | Farm-Ag | Specialty
COMMENTARY FROM COUNSEL
NEW UNEMPLOYMENT INSURANCE NOTICE REQUIREMENTS FOR WISCONSIN EMPLOYERS Beginning November 2, 2020, all Wisconsin employers must notify employees of the availability of unemployment insurance at the time of separation from employment. Additionally, Wisconsin’s Department of Workforce Development (DWD) has created posters with up-to-date information on the provision of unemployment insurance that must be displayed at every workplace. Now is the time to get up to speed so that you can ensure your agency is compliant when separations from employment occur— particularly in the current environment—and to be able to handle questions from clients. DWD Rules and Requirements On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). Among other provisions, the law provided $1 billion to the states for emergency unemployment insurance funds. However, FFCRA mandated that, in order to receive the funds, states must require employers to notify employees of the existence of unemployment compensation at the time of separation from employment. Shortly thereafter, DWD began the process of adopting an emergency rule to create DWD 120.02. The rule, which becomes effective on November 2, requires each employer in Wisconsin to notify all employees of the availability of unemployment insurance at the time of separation from employment. This notification can come in a variety of forms, i.e., letter, email, text message, flyer, etc. While the exact text of the notification is not specified in the rule, DWD has provided suggested language, which can be found here: https://dwd.wisconsin.gov/dwd/publications/ ui/notice.htm. Importantly, the text of the rule does not define the term “separation.” However, the suggested language provided by DWD references both employment stopping and a reduction in hours. Therefore, employers should provide required notice to any employee that has been terminated, furloughed, laid-off, experienced a reduction in hours, or will otherwise see a significant change in their employment status. Finally, state law already mandates employers display posters in suitable locations that describe available unemployment benefits for employees that experience a separation from employment. DWD has recently updated these posters and has produced them in three different languages: English, Spanish, and Hmong. You can find the updated poster at the link in the above paragraph.
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Conclusion Starting November 2, all Wisconsin employers will be required to provide notice to separated employees of the availability of unemployment insurance. While this notice can come via digital or paper copy, employers should use the suggested language found on DWD’s website. Work with legal counsel to ensure that your agencies are in compliance with this and all other workplace regulations.
>J osh Johanningmeier IIAW General Counsel
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FOOD FOR THOUGHT
For more information on becoming a AAA Independent Agent: Leo Plese (630) 328-7076 lmplese@acg.aaa.com
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PRSRT STD US POSTAGE PAID MADISON WI PERMIT NO. 549
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