IN THIS ISSUE APRIL 2018 - VOL 14 ISSUE 4
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Five Best Sites For Finding Travel Deals by Kim Komando
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John Kerry & Daughter May Face Charges Vaping NOT Safe...
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Murder For Life Insurance - Analysis by Barry Zalma
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California Agent Arrested in $1.6 Million Fraud Scheme
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NAIC Releases 2017 Market Share Data on Life & P&C Lines
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Tennessee Agent Slammed With $187,000 In Penalties & License Revocation
Tick Tock Goes The Clock! The New European Privacy Law is Coming...
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California Insurance Agents Busted For $1.9 Million Scam
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The Advisor Tackles An Intersteller Question Along With the Facebook Data Breach
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Is Hillary Losing It? On The Road Disparaging America, Still Confused on Her Loss
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Liberal Activist Upset Lloyd’s of London Not Bullied on Climate Change & Gun Control
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How & Why To Write a Press Release - Free Exposure For Your Company
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SFMA Announces A New 2018 Member Benefit: The SFMA Safety Committee
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Barry Zalma Releases Insurance Education Books on Amazon.com
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Breakthrough: Aspirin Reduces Risk of Colorectal Cancer by 63%?
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APRIL 2018
TECHNOLOGY
FIVE BEST SITES FOR FINDING TRAVEL DEALS Really Cool Tech Info - by Kim Komando
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’ve been an avid traveler stay? How will you find the best and cons, but these are the since I was a kid when I deal? For that matter, where do brands that I most fervently would hop on planes with you even start, with so many recommend. They are my father, who worked comprehensive, easy to for the airlines. Dad was use, and cater to a variety particularly skilled at finding of needs and interests. And bargains, but for the 21stwhile most customers will century traveler, it has never be searching for flights, been easier to book a ticket hotels, and rental cars, online. Gone are the days of remember that many of dusty travel agencies and these services can book dog-eared brochures. cruises and activities as well. Tip in a Tip: There are a ton of theories out there about Here are my the best day to buy airline personal top five: tickets. Some people say Tuesday at 3 p.m.; others 5. Travelocity say 1 a.m. Wednesday or the weekend. So, which is Travelocity is one of the it? I’ve done the research to largest travel sites in the help you get the best deal world, and although it has on your next flight. Click a lot of similarities to other here for the best time to sites (like Priceline and book a ticket and to fly. Expedia), I am consistently At the same time, doing online companies vying for everything yourself can be your credit card? stressful. What airline should you fly? Where should you Each service has its pros APRIL 2018
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impressed with its travel packages. Instead of just booking a flight and room, you See Kim Komando Pg 38 www/underwritersinsider.com
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CLAIMS & THE LAW
MURDER FOR LIFE INSURANCE Expert Analysis & Commentary by Barry Zalma, Esq., CFE
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ome criminal have no sense of honor or justice. Emma J. Raine was involved in the violent death of one or more of her husbands. Before he was murdered by her soon to be brother-in-law she increased the amount of life insurance on his life, changed the beneficiaries and stole the portion of the policy owed to the dead man’s daughter from a previous marriage. After she was convicted of second degree murder she appealed in State of Louisiana v. Emma J. Raine, NO. 2017-KA-0330, Court of Appeal Fourth Circuit State of Louisiana, (March 7, 2018).
jury was improperly influenced event. As he came home, Ms. by prosecutorial misconduct. Raine heard a popping noise. When she came down the stairs, Mr. Smith told her, “Babe, I’ve been shot,” and then collapsed. Join Barry Zalma’s Blog:
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Mr. Smith’s daughter, Quentine Jefferson testified that at the time of her father’s death, she was unaware that she was the FACTUAL BACKGROUND beneficiary of a life insurance Earnest Smith was murdered in policy on him. Ms. Raine originally New Orleans on April 12, 2006, purchased the policy in 1997 in at his residence on Roger Drive. the amount of $100,000, naming He died of multiple gunshot herself as the sole beneficiary. wounds. The policy was increased several Emma Raine, Mr. Smith’s wife, times between 2000 and 2005. dialed 911. Ms. Raine told Sgt. In November of 2005, Ms. Raine Gant that she had been in increased the policy to $800,000. Raine argued on appeal that her bedroom sleeping all day the evidence was insufficient to after taking medication for a On February 20, 2006, less than support her conviction, that the toothache. According to Ms. two months before the victim’s trial court improperly admitted Raine, Mr. Smith went with a death, Ms. Raine changed hearsay evidence, and that the friend to a motorcycle racing the beneficiary of the policy,
Barry Zalma, Esq., CFE, practiced law in California for more than 43 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He founded Zalma Insurance Consultants in 2001 and serves as its only consultant. 6
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APRIL 2018
removing herself and naming James Raine (who would become her third husband) and the victim as beneficiaries, so that the proceeds of the policy would be divided between Mr. Raine and the victim’s estate, his sole heir being Ms. Jefferson.
off the previous day, recording to the prosecution, it cannot be Ms. Raine as the last person in the said that the jury’s conclusion house. that the State proved Ms. Raine guilty of second degree murder SUFFICIENCY OF THE EVIDENCE was clearly erroneous. There exists ample evidence such that The legal standard for reviewing a rational trier of fact could have an argument of insufficient concluded beyond a reasonable evidence is set forth in Jackson v. doubt that every reasonable Virginia, 443 U.S. 307, 319 (1979) Ms. Jefferson testified that she hypothesis of innocence had which provides that “the relevant discovered the existence of the been excluded. insurance policy in the summer of 2010 when uncontested Ms. Raine’s appeal reveals the The she “googled” her own evidence showed that kind of unmitigated gall that name. Ms. Jefferson Ms. Raine had a life believed that she should be expected by a person insurance policy on should have received Mr. Smith, which she who had her husband killed for the life $400,000 upon her originally purchased father’s death. Ms. in 1997. From 2000 insurance money, had the evil nature Jefferson stated that to 2005, Ms. Raine to steal the benefits due to her dead she later learned that increased the amount husband’s daughter, and then claimed Ms. Raine’s daughter, of that insurance Keisha Judge, forged she was done wrong by the prosecutor policy from its original her signature on an value of $100,000 and all the witnesses who made the insurance document to the $800,000 the to allow her mother, policy paid upon the conviction obvious.” Ms. Raine, to collect victim’s death. the proceeds. On February 20, 2006, two months question is whether, after viewing The State also introduced before the shooting of Mr. Smith, the evidence in the light most evidence of the death of Ms. Ms. Raine executed a beneficiary favorable to the prosecution, any Raine’s third husband, James change form, removing herself as rational trier of fact could have Raine. Mr. Raine and Ms. Raine a beneficiary and naming instead found the essential elements of married in 2008 and moved Mr. Raine (who would become the crime beyond a reasonable to Poplarville, Mississippi. On her third husband) and Mr. Smith doubt.” If rational triers of October 21, 2011, Mr. Raine’s (so that the proceeds would fact could disagree as to the body was found lying on a bed go to his estate). The evidence interpretation of the evidence, in the home they shared, with showed that Mr. Raine signed the rational decision to convict multiple gunshot wounds to the the “Assignment, Declaration and should be upheld. head. Although there were signs Disclaimer” for the policy and of forced entry, the home’s video In the instant case, viewing all the surveillance system was turned evidence in a light most favorable See Zalma Page 36 APRIL 2018
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7
NEWS
NAIC RELEASES 2017 MARKET SHARE DATA Life/Fraternal, Property/Casualty Reports Now Available
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share data for: life insurance; annuity considerations; and aggregate total of life insurance, annuity considerations, deposittype contract funds, other considerations and accident/ health insurance.
ASHINGTON (March 1, 2018) — The National Association of Insurance Commissioners (NAIC) released two sets of data today on life/fraternal and property/ casualty insurers. The reports provide market share information indicating the degree of market concentration in lines of business and identify leading insurance The reports will be refreshed daily writers. through March 7 and then each The 2017 market share data Monday throughout March. The include countrywide direct written complete 2017 Market Share premium for the top 25 groups Reports for Life/Fraternal and and companies as reported on the 2017 Market Share Reports for state page of the annual financial Property/Casualty will be available statement for insurers that report this summer and contain more indepth information. to the NAIC. The property/casualty report contains cumulative market share data for the following lines of business:personalauto,commercial auto, workers’ compensation, medical professional liability, homeowners and other liability (excluding auto liability) insurance. The life/fraternal market share report contains cumulative market
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information. The NAIC offers a wide range of publications in the following categories: Accounting & Reporting; Capital Markets & Investment Analysis; Consumer Information; Financial Regulation; Legal; Market Regulation; NAIC Activities; Special Studies; Statistical Reports; Supplementary Products; and White Papers. For more information, visit NAIC Products & Services.
About the NAIC
The National Association of Insurance Commissioners (NAIC) is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer review, For questions about the reports or and coordinate their regulatory data, contact the NAIC Research & oversight. NAIC staff supports Actuarial Department. these efforts and represents the collective views of state regulators The NAIC is the authoritative source domestically and internationally. for insurance industry information. NAIC members, together with the Our expert solutions support the central resources of the NAIC, form efforts of regulators, insurers and the national system of state-based researchers by providing detailed insurance regulation in the U.S. and comprehensive insurance Table of Contents
APRIL 2018
NEWS
APRIL 2018
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9
NEWS
CALIFORNIA INSURANCE AGENTS BUSTED FOR $1.9 MILLION SCAM Quartet allegedly scammed insurers with fraudulent life insurance applications
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OS ANGELES, Calif. — Former life insurance agents Mohammed Kakooza, 44, Margret Birabwa, 35, Michael Chibueze Monday, 43, and Denis Osikol, 36, all from the Southland area were arrested yesterday on multiple felony counts for their role in an alleged $1.9 million scam where the suspects submitted fraudulent life insurance applications to score advance commissions from insurance companies.
dishonest agents who scam consumers and insurers,” said Insurance Commissioner Dave Jones. “Arresting the individuals behind this complex fraud conspiracy is another win for the department and our law enforcement partners. It should serve as a warning to any agent or broker breaking the law—we will investigate and prosecute you for your crimes.”
of the commissions issued by the insurance carriers from the fraudulent applications, the investigation revealed Monday and Osikol received money directly from Kakooza and Birabwa.
“The District Attorney’s Office works closely with the California Department of Insurance to ensure that consumers are protected from individuals who use their insurance license to commit serious A joint investigation crimes such as grand by the California theft, insurance fraud, Department of money laundering Insurance and and tax evasion,” U.S. Immigration Los Angeles County and Customs District Attorney Jackie E n fo rc e m e n t ’s Lacey said. “The public Homeland Security should rest assured L-R Michael Monday, 43, Dennis Osikol, 35, Mohammed Kakooza, 44 Investigations that my office will revealed that between May 2013 The investigation revealed over vigorously prosecute those who and July 2017, Denis Osikol and $1.2 million was deposited commit these crimes.” Michael Monday submitted more into a bank account owned by than 600 fraudulent life insurance Margret Birabwa, nearly $700,000 To obtain personal identifying applications to multiple insurance deposited into bank accounts information for the fraudulent companies and collecting nearly owned by Mohammed Kakooza, applications, investigators allege $2 million in commissions they and over $12,000 deposited into Kakooza set up a referral program should have never received. a bank account owned by Denis Osikol. Although Birabwa and “I have zero tolerance for Kakooza received the majority See $1.9 Million Scam Page 14 10
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APRIL 2018
NEWS
SFMA ANNOUNCES A NEW 2018 MEMBER BENEFIT: THE SFMA SAFETY COMMITTEE and better assist members in Insider readers will recall Marty generating a strong Safety Culture Perrone for his authorship of he SFMA proudly within their manufacturing a risk factor piece entitled announces the formation of facilities.” Commercial Agents & their newest membership Underwriters: Beware The Arc benefit for 2018. Our newly Any SFMA member or vendor Flash Exposure in the February formed Safety Committee lead member interested in learning 2017 issue - a “must read” for by Chairperson, Martin Perrone, more about or being a part of our all insurance underwriters conducted their first meeting newly formed safety committee, concerned about dangerous of 2018 on Friday February s, reach out to Co-chairperson Sarah and expensive exposures. 2018 which was hosted by our Chavez at SChavez@trividiahealth. Arc Flash story here. member, Trividia Health, Inc., a com or call Sarah at (954) 332-2127. manufacturing facility located in Fort Lauderdale. About the author: Martin “Marty” Perrone, moved to Palm Beach County in 1979 from “Our new safety Miami. Marty is a Sandler Sales Institute committee currently graduate, a veteran sales trainer of “PSS,” contains a handful of Professional Selling Skills by Xerox, a graduate safety conscious SFMA of Wilson Learning “Managing Interpersonal member individuals Relationships” and accomplished a 4.0 grade who are involved in average for 4 years of “Industrial Inside and committed to a Wiring” technical training. Marty was trained variety of Environmental as a “Certified TEGG Representative” for Health & Safety and Carpenter Electric in West Palm Beach, FL in 2012 and as such he conducts Risk Management positions in the Arc Flash Safety Training Programs for industrial and commercial property respective companies,” managers, healthcare facility maintenance staff, variety of Organizations said chairperson Marty and associations like; AHCA, OSHA, BOMA, FHEA, FLSHCA, IAEI as well as Fire Marshals, Fire Inspectors and Fire Rescue Personnel. TEGG is an ABM Perrone. owned Franchise respected around the world for training electricians In addition, Marty said, and representatives who provide their unique and proven method “our goal is to provide of Guaranteed Predictive/Proactive Electrical Inspections, Preventive meaningful and effective Maintenance Solutions, the finest NFPA 70E Arc Flash Safety Training EH&S guidance, real Risk programs and comprehensive Arc Flash Risk Assessments. Contact Marty Management solutions at (561) 294-4886 or e mail him at martyp@carpenter-electric.com By Marty Perrone, CTR
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APRIL 2018
NEWS
BARRY ZALMA RELEASES INSURANCE EDUCATION BOOKS ON AMAZON.COM Publications by 50+ Years Insurance Expert Inform Industry Professionals on Insurance Fraud
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ulver City, CA - After practicing insurance law for over five decades, Barry Zalma, Esq., CFE, an internationally recognized and award-winning insurance expert and author, is releasing multiple education books on Amazon.com. Designed to inform claims people, special investigation unit investigators, and insurance defense and coverage lawyers on insurance claims and insurance fraud, the publications leverage key insights and learnings from his 50+ years of practical experience as a claims person and insurance coverage attorney. Shared Zalma, “To be an insurance professional requires continuous learning. That’s the motivation behind my writing; I have felt a need to share my experiences to help claims personnel, SIU investigators and claims counsel learn how to properly and thoroughly investigate insurance claims and avoid accusations that they committed the tort of bad faith.”
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o view all publications that can be purchased through Amazon as Paperback and Kindle e-books, visit Zalma’s author page or zalma.com/zalma-books/. A selection of the insurance resources available include:
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• • • • • •
Insurance Fraud & Weapons to Defeat Insurance Fraud, Volume 1 & Volume 2, including full text insurance fraud decisions from the courts of appeal The Compact Book on Adjusting Liability Claims, a handbook for the liability claims adjuster The Compact Book on Adjusting Property Claims, a basic manual for the first party property claims adjuster Ethics for the Insurance Professional, the necessity of ethical behavior in the insurance business Rescission of Insurance, what is needed to rescind an insurance policy, including full text appellate decisions regarding rescission The Insurance Examination Under Oath, covering who, when, where, why and how to take an examination under oath “Random Thoughts on Insurance Volume V: Digests from Barry Zalma’s Blog: ‘Zalma on Insurance'”
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ooks by Zalma are also available from the American Bar Association and the National Underwriter Company. In addition to his library of education books, Zalma has also released a series of novels and true crime stories on Amazon, including Heads I Win, Tails You Lose, a collection of more than 80 fictionalized stories based on fraudulent claims he investigated as counsel to multiple insurers.
blogs, white papers, webinars and education courses on a myriad of topics impacting insurance practitioners. Examples of this work include A huge proponent of insurance his blogs, Zalma on Insurance education, Zalma has also and Zalma’s Insurance 101 published numerous articles, and webinars on Illumeo.com. APRIL 2018
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The first features published digests of interesting appellate decisions relating to insurance coverage, insurance claims and insurance fraud, while the latter is a video blog featuring 1,024 See Zalma Releases Books Page 21 www/underwritersinsider.com
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NEWS Continued From Page 10
CALIFORNIA AGENTS BUSTED IN $1.9 MILLION SCAM
Security Investigations. “HSI is committed to working with its law enforcement partners to pursue such cases aggressively— ensuring those who brazenly enrich themselves through fraud and identify theft are held accountable for their crimes.” The investigation also revealed in some cases premium payments were not paid by the applicants, but instead paid from accounts owned by Kakooza, Birabwa, or Osikol, or from accounts opened by other individuals who assisted them in carrying out commission scheme.
and paid applicants between $25 to $50 for referring family members or friends to him for life insurance. Some applicants were told they were applying for life insurance policies and Kakooza would contact them with premium payment information. Some applicants never received Life insurance policy applications follow-up phone calls and were unaware the life insurance policies they applied for were ever in force. In some cases, it appears multiple applications were submitted without the consumers’ knowledge and allegedly contained forged signatures. The applications submitted to the insurance carriers also contained misrepresentations and fabricated information, including occupations, income, net worth, or beneficiary information. “Fraud schemes like the one uncovered in this case result in billions of dollars in losses every year in this country and cause heartache and financial harm to law-abiding consumers,” said Joseph Macias, Special Agent in Charge for Homeland 14
The Underwriter’s Insider
were also submitted with Birabwa, Osikol, and other formerly licensed life insurance agents who were also involved in similar advance commission schemes. Investigators allege the majority of the life insurance policies that were successfully processed and placed eventually lapsed due to non-payment of premiums. Kakooza, Birabwa, Monday, and Osikol were booked into Los Angeles County Central Jail. The Los Angeles County District Attorney’s office is prosecuting the case under the California Department of Insurance’s Life and Annuity Consumer Protection Program.
Mr. Zalma recently published on Amazon.com with links at the Zalma Books site with the following volumes: Table of Contents
APRIL 2018
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(800) 229-2009 ext 3 Mention code UWI sales@accuagency.com Request more info at http:/ /accu.agency/UWI www/underwritersinsider.com Table of Contents
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THE INSIDE TRACK - BREAKING NEWS Facility Opens For Social Services Coverages
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arketScout, the national electronic insurance exchange and MGA incubator, announced today the launch of Social Support, a new facility for Social Services providers. Underwriting on behalf of Lloyd’s of London, Social Support will provide professional liability, general liability, property, cyber, and limited auto coverage for social services companies ranging from day schools to drug rehabilitation and group homes. Laura McCormick, M a r k e t S co u t ’s professional lines practice leader explained the basis for the program, “We’ve had tremendous success incubating MGAs, so providing a program for the growing social services sector makes a lot of sense. We believe we’ve provided a well16
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rounded policy making it people at the highest risk, easy for these businesses to (up to 63%) for those that get essential coverages in took a daily aspirin. While one policy form.” 18% of Americans that took a daily dose of the century-old drug did so for its anti-cancer Aspirin Can Reduce properties, the rest where Risk of Colorectal hoping for a cardiovascular Cancer By 63%? benefit, long established due to aspirin’s anti-inflammatory ecent studies surprised properties. The researchers researchers when results continue to study aspirin’s showed a dramatic decrease possible effect on other in colorectal cancer, especially cancer types. (Read More)
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APRIL 2018
THE INSIDE TRACK - BREAKING NEWS John Kerry & Daughter May Face Charges
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Image Credit: Creative Commons
arren Buckingham, a former Peace Corps official has agreed to testify against John Kerry and daughter Vanessa Kerry in a money laundering scheme involving the State Department, the Peace Corp
and a charity run by Vanessa called Seed. It is alleged that $9 million was directed through the Peace Corp who then passed the funds to Seed. From The Daily Caller: “Also as part of the agreement, Buckingham admitted to the charge that he lobbied his former Peace Corps colleagues to help his employer, Seed Global Health, secure a $6.4 million State Departmentfunded contract extension APRIL 2018
around September 2015. Buckingham also helped Seed – a nonprofit founded and run by Kerry’s daughter Vanessa Kerry – secure it’s original nearly $3 million contract, which was also funded with State Department money, in September 2012. Buckingham soon left the Peace Corps while under investigation for improperly hiring an employee and subsequently sending the official lewd emails. Officials from both agencies met with Vanessa and arranged the scheme that would funnel State Department money to Seed through the Peace Corps, previous Daily Caller News Foundation investigations show in detail.”
Vaping Safe? Not.
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new study has resulted in some disturbing findings, finding that E-cigs may contain 10 times more cancer-causing ingredients than standard cigarettes. From sources outside the U.S. (The FDA has yet to Table of Contents
evaluate E-cigs for safety) the Japanese Ministry of Health found formaldehyde and acetaldehyde carcinogens in the liquid produced by many E-cig products. (Read More)
CareFirst Victim Of Phishing Attack
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areFirst BlueCross BlueShield (CareFirst) today announced that the company has been the victim of a “phishing” email attack potentially affecting 6,800 CareFirst members. CareFirst determined that an employee was the victim of a phishing email which compromised the employee’s email account. The compromised email account was used to send spam messages to an email list of individuals not associated with CareFirst. However, because the email account was compromised, the attackers gained access to the employee’s email and could have potentially accessed personal information of 6,800 CareFirst members. No medical or financial information was compromised.
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NEWS
CALIFORNIA AGENT ARRESTED IN $1.6 MILLION FRAUD SCHEME TARGETING ELDERLY VICTIMS Orange County agent arrested in $1.6 million fraud scheme targeting elderly annuity holders
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RANGE, Calif. — Department of Insurance detectives today arrested Mark Malatesta, 55,of San Clemente, on 16 felony counts related to a $1.6 million fraud scheme targeting elderly southern California residents.
“Increasingly we are uncovering financial scams that target seniors,”said Insurance Commissioner Dave Jones. “These crimes are reprehensible and we will continue to work with our district attorney partners to aggressively investigate and prosecute anyone who targets seniors.”
An investigation r e v e a l e d Malatesta convinced his senior victims to terminate their investments, causing them to lose a total Malatesta, of $45,000 a licensed in surrender i n s u r a n c e penalties. In a agent at the classic churning time, allegedly s c h e m e , exploited at Malatesta then least six elderly Mark Malatesta, 55, Appearing decidely unhappy... sold them new consumers annuities for by falsifying information on annuity which they did not qualify due applications and netted to their advanced age. The more than $135,000 in illegal fraudulent investments were commissions. Malatesta faces a canceled by the insurers once they discovered Malatesta range of other charges. provided false information. 18
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When insurers canceled the new investments, they refunded the $1,616,897in deposits when they refunded the victims. The department suspended Malatesta’s insurance license and will pursue revocation if he is convicted of the charges. This case is being prosecuted Orange County District Attorney’s Office.
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APRIL 2018
TENNESSEE AGENT SLAMMED WITH $187,000 IN PENALTIES AND REVOCATION OF LICENSE
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Brentwood, Tennessee insurance producer, John Oscar Wilson III, already serving 52 months in prison followed by three years of supervised release, was ordered in March to pay $187,000 in civil penalties and suffer the revocation of his producers license, previously suspended. His prior conviction stemmed from a 2016 case where Wilson pleaded guilty in federal court to 2 counts of wire fraud related to fraudulant investment schemes. Wilson had convinced 5 clients to cash in APRIL 2018
existing investment products to purchase products from his agency, Preserve Financial Group (PFG), failing to disclose tax or financial penalties for doing so. Wilson would deposit the funds in his agency and use them for his own purposes. In other instances he convinced clients they were investing in his company stock while no such stock actually existed. Wilson hosted a radio show called “The Retirement Solutions Show” where he attracted retirees to his swindle. From the information Table of Contents
available, there is no evidence Wilson had any kind of an exit strategy for his fraudulant activity. “At first blush, these additional civil penalties and the license revocation might seem unnecessary given Wilson’s guilty plea and his imprisonment, but, in fact, they are necessary steps to protect consumers and fully impose justice on behalf of Wilson’s victims, while sending a message that TDCI will not stand for such actions in our marketplace,” said TDCI Assistant Commissioner Michael Humphreys. www/underwritersinsider.com
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SPECIAL REPORT
FLORIDA CALLS FOR IMMEDIATE ACTION ON MASSIVE SMOKE DETECTOR RECALL
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ALLAHASSEE, Fla. – Chief Financial Officer (CFO) and State Fire Marshal Jimmy Patronis calls on fire departments, local state fire marshals, fire prevention advocates and Florida realtors to take immediate action to raise awareness of a national recall on approximately 450,000 smoke detectors that may not
March 23, 2018 Open Letter on Kidde Smoke Alarm Recall
To: Department of Click on Image Above To Go to Kidde Website Financial Services To Determine If Your Smoke Detector is Subject to Recall Division of State Fire Marshal Staff Florida Fire Marshals and Fire This poses an immediate and dangerous risk for Floridians Departments Florida Fire Marshals and as properly functioning smoke alarms are a life-saving tool Inspectors Association All Florida Fire Prevention from the dangers of fire-related incidents and smoke inhalation. Advocates and Organizations In 2016, more than 14,000 All Florida Realtors accidental structure fires were Florida Apartment Association A nationwide recall on roughly reported to the Florida Fire 450,000 Kidde smoke detectors Incident Reporting System which was announced by the US resulted in 201 civilian fatalities. Consumer Product Safety I advise all fire prevention Commission (CPSC). According advocates across our state to to the CPSC, models PI2010 and immediately spread awareness of PI9010 of Kidde dual sensor this recall. Florida CFO Jimmy Patronis (photoelectric and ionization) smoke alarms have a yellow My Division of State Fire Marshal detect smoke. cap that can cover one of the two Bureau of Fire Prevention oversees smoke sensors and compromise the inspection of all State Please see below an open letter the smoke alarm’s ability to buildings. As such, I have directed from CFO and State Fire Marshal detect smoke. Jimmy Patronis. See Smoke Detector Recall Pg 40 20
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Continued From Page 13
ZALMA RELEASES INSURANCE EDUCATION BOOKS ON AMAZON.COM short videos providing a complete insurance claims education in three to four minute increments. As a recognition to his achievements, Zalma received Claims Magazine/ACE Legend Award in 2016, honoring a lifetime of insurance education. About Barry Zalma Barry Zalma. Esq., CFE, Consultant, assists his clients to resolve any insurance problem faced by lawyers representing insurers, lawyers representing policyholders, insurance claims management, insurance claims personnel, and those they seek to serve. The experience and skill of Mr. Zalma as a consultant and expert witness can make the difference before a jury, other trier of fact, or mediator. Mr. Zalma has served the insurance industry for more than 50 years as a claims person and insurance coverage attorney. He has represented insurers, advised insurers on claims handling, interpreted coverages, written insurance policy wordings, and testified as an insurance coverage, insurance bad faith, insurance claims handling and insurance fraud expert on behalf of insurers and policy holders. He now limits his practice to consultation and acting as an expert witness. Visit www.zalma.com to learn more.
APRIL 2018
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WATCH A ROBOT SOLVE A RUBIK’S CUBE IN .38 SECONDS! Hi-Speed Robotic Manipulators Do The Twisting
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othing illustrates the changes in our national culture better than vintage ads from the Mad Men era or earlier - many of which would be considered over-the-top sexist, politically incorrect or just plain unbelievable today.
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doctor endorsing cigarette smoking may seem like an absurdity today, but in the 1950’s tobacco companies were still pretending that smoking was somehow healthy - for your taste and for your throat.
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SPECIAL REPORT - GDPR
TICK TOCK GOES THE CLOCK! THE NEW EUROPEAN PRIVACY LAW IS COMING! By Keith B. Daniels, J.D.
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ello, I know as a business owner in the USA, you may have been distracted by all the events in Washington, DC this past year. A new Administration brings in new regulation changes, a new tax law, the possibility of tariffs and so on and so forth. All of that combined with the pressures you feel trying to keep your business in line and growing, is enough. Now, that you see Spring coming, you realize that there are some new European Union regulations which go into effect on May 25, 2018. Do they apply to my company? Good question. Do not feel like
Protection Regulations (“GDPR”) are being installed regardless of what some may wish or anyone’s readiness. The regulations mandate that companies protect the personal information (more broadly defined than is generally defined in the USA as Personally Identifiable Information or PII) of Those who realize that they will EU citizens. Organizations that are be subject to the regulations not compliant with this regulation have been working day and night could face heavy fines and criminal for months to get ready. Still, penalties can be imposed. however, many USA companies (not only just publicly traded The regulations have been known companies but including privately to be coming for a long time and held companies and nonprofit have been in the works for years. organizations) have not yet Thus, if a company is going to be under the GDPR, it should be able started trying to comply. to demonstrate that is has made Burying your head in the sand every effort to be compliant by will not do. The General Data the deadline. you are the only one asking that question. In the EU, it has been reported that only 45% of companies expect to meet the deadline for compliance and that is where the regulations have been in the local news for many months.
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bout the author: Keith B. Daniels, Jr., J.D. is a graduate of the University of Wisconsin Law School and a US Army veteran and resides in the Greater Minneapolis-Saint Paul area. He has been involved with cyberliability and internet security issues for about 20 years working with Lloyd’s of London and several domestic insurance companies and their insureds. Keith is available for speaking engagements. He can be reached at keith@ mycybercounsel.com or 715-379-6511. 24
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How the regulators will enforce the GDPR after May 25 remains a mystery. Some regulators have spoken about taking a hard line, others have proposed a less stringent posture. Each EU state’s regulator is not bound by any other state’s disciplinary strategy. Clearly, it will not be a good thing to be the first USA company to be named as not complying with the GDPR! According to a Gartner report, 58% of USA companies believe that they will be subject to penalties under the new regulations. Another survey by Veritas Technologies, found that 86% of companies worldwide APRIL 2018
fear that not complying with new EU regulations will have a major negative impact on their business and one in five believe that noncompliance could put them out of business.
made up of ten or ten thousand workers. The DPO role will be there to make sure personal data processes, systems and storage not only adhere to the laws but evidence is also available.
What we do know is that on May 25, if a company is subject to the new regulations, it will be mandatory to appoint a Data Protection Officer (DPO). GDPR does not measure the protection based on size of business, rather on the amount of data that is being processed. There will be substantial amounts of data being produced whether companies are
Also mandatory are Privacy Impact Assessments (PIAs) which are necessary when the risk of a privacy breach is high. Data controllers are required to carry out a PIA to outline the effect this could have. The DPO of the company will need to ensure PIAs are carried out throughout various projects.
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“The Final Authority on Everything!” WARNING!
The Advisor has been known to be politically incorrect and may send certain Millennials scurrying to their safe space. Also not recommended for Progressives who are easily offended. Please read at your own risk.
Starry Starry Night
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e and another underwriter were having an argument during our break about how many stars exist in the solar system. I guessed a million at least but Max, the other underwriter, said it’s not that many. Since the Advisor is the “Final Authority on Everything,” we thought we’d throw it out for the next issue... Thanks and love the Insider! J.B. San Diego, CA
ADVISOR
diameter of about 432,000 miles and is about 4.5 billion years old - about half-way through it’s life cycle. Perhaps you and Max were really arguing about how many stars in the Milky Way, the common name for our home galaxy. If that’s the case, your estimate of 1 million stars falls far short, and although the exact count is still going on, the best estimate is north of 300 billion stars. But that’s just our one little spiral galaxy. So how many galaxies? Up until recently, scientists had estimated 200 billion galaxies in the observable universe,
but now, thanks to the Hubble telescope’s Deep Field and Ultra Deep Field imaging campaigns combined with advanced mathematical models able to infer the existence of galaxies within the immediately observable universe, researchers have calculated there may be as many as 2 trillion galaxies. We are talking some big numbers here folks. How many stars in the observable universe if we use the Milky Way as an average of 300 billion stars and the latest guesstimate of 2 trillion galaxies? Do the math: Here’s the number of stars
You’re pulling my leg, right? How many stars in our solar system? One, J.B., the Sun. Old Sol. It has the equivalent mass of 332,830 Earths and we orbit the it at an average distance of 93 million miles. An average sized star, the Sun has a 26
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in the observable universe: was hacked. The company 6,000,000,000,000,000,000,000 admitted as much. Why is or 6 raised to the 21st power or this important? What’s the 6 trillion billion. Does this make big secret in your you feel small J.B.? It should... Facebook data anyway? It’s not your Facebook Profile Scrape name and where you went to high school ow much of my that marketers are It’s email address, Facebook data, if any, after. was hacked in the recent your political preferences, data breach? I also have an product interests, circle of agency Facebook page... friends, sociability, medical interests, sports and teams, Thanks! S.S. Atlanta, GA food preferences, religious Facebook announced in early views, relationship status, and April that 87 million profiles groups you belong to that may have had their data is all gleaned by your likes, compromised in a “harvest” comments and clicks through by Cambridge Analytica. the social media universe of First, assume your FB data Facebook. The data, once
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harvested, can be mined and analyzed by AI to target you for marketing, advertising, and political campaigns. Are you a swing voter? An independent? Now either side can bombard you with political news and opinion - much of it fake. The data associated with you from the FB data harvest can be bought and sold and combined with other data available to draw a frighteningly accurate profile of who you are and what you think. I would be less concerned about your agency page... www/underwritersinsider.com
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Experienced Commercial 220 CSR Cape Coral/Fort Myers FL Established commercial lines agency seeking: self motivated, detail oriented professional. The successful candidate should have a minimum of 3 years experience in commercial lines, excellent computer skills, dependable, ability to follow up and follow through and have an unwavering commitment to the service your clients. Professional designations such as CIC, CPCU, CRM or ARM a plus. In return, you will have the opportunity to join a committed group of individuals in a growing, privately owned multi lines agency.Industry leading benefits and compensation package working with a group of experienced professionals low turnover environment. All Information and replies will be kept strictly confidential fairway34@hotmail.com 18-1
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440 or 220 in Boca Raton, Part Time or Full Time Experienced or Trainee; Agent and Customer Service Rep in family owned agency in Boca Raton. Full or Part time. (Flexible Hours) Personal Lines CSR; salary plus bonus. Commercial Agent; 50% commissions and residual. Most important Florida markets and several national markets available. We can compete with the “Big Boys” with our national affiliations. Email your resume to agencyops@gmail.com. or FAX to: 561-416-7221. EOE 17-2
SUBMIT YOUR FREE CLASSIFIED AD HERE Agent/CSR wanted, Ft. Lauderdale Area
Independent P&C agency is seeking to employ a licensed agent and/or csr, with experience in nonstandard and standard auto, homeowners, commercial auto and property insurance. Fulltime position M-F 9am - 6pm and every other Saturday 9am - 3pm. Must have a GREAT attitude and know how to be a team player. Email resume to Marlinsii@aol.com. 17-11
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Inside P&C Insurance Saleperson-NJ 1-3 years experience needed for a P&C Licensed saleperson. Leads, incentives and $40,000 base salary & benefits all provided in a convenient Parsippany modern location. jimb@mgainc.net 17-11
440 or 220 Needed in Tampa
Needed Agent or Customer service rep, must have knowledge of personal lines and have a great personality for established Family owned agency. Send resume. idcccorp@msn.com 17-10
Licensed P&C Sales & Service agent: Tampa, FL
We are seeking the right sales and service person to be a part of our team which is focused on continuing to grow a 24 year insurance Agency. If you are an experienced licensed professional who is proficient in sales of home, auto, flood, umbrella and other personal lines of insurance and who is also diligent in following up after the sale with quality customer service, we could be your professional home. info@danceferrentino.com 17-11 APRIL 2018
Looking to Buy Small To Medium Sized P&C Agency in Palm Beach County. Contact: morogers@aol.com
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Fresh out of School Insurance Sales Person Needed
We are doing a cooperative hiring with one of our carriers. Must be energetic, sales and commission motivated. It is a 2 yr salary with a transition to 100% commission, there is unlimited growth potential based on how good you are. Must be able to travel for 3 weeks of training to Philadelphia. Interview process is lengthy, but once we find the right person we are ready to go! larrytalbert@talbertservices.com 17-11
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Experience Commercial CSR Wanted Duluth GA We are a mid sized agency, looking to add to our family environment insurance agency. We are not related but have a great time together. Voted Best in Gwinnett for 7 yrs in a row. Best in Duluth 2 yrs. Must be able to handle a large volume of direct bill accounts. Multicarrier experience and Hawksoft Agency use is a plus. Bilingual is also good but not a requirement.
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Looking to buy a P&C agency in PB county. Please call 561-584-0732
BROWARD COUNTY ENTRY LEVEL ACCOUNT MANAGER Growing MGA is looking for a highly motivated & responsible individual. Duties include managing accounts from our distribution channel --- quoting, binding and servicing multiple lines of business. Incredible opportunity for someone looking to learn and grow in a company. Send resumes to info@ everiskpro.com 17-4
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Wholesale Broker Professional Liability Sarasota FL Our client is a national MGA with a wholesale brokerage division and is seeking to hire an experienced Professional Liability (all lines considered) Broker to join their team. Relocation to Sarasota, FL. is required. Excellent commission options for an experience Wholesale Broker. Call: Lloyd Kushner 800-797-1412 yoursearchfirm.com lloyd@yoursearchfirm.com
220-440 Agent for Port St. Lucie Agency (PT-FT ?) Please fax your information to: (772)879-1002 or e-mail to: amerinsur@aol.com Thank You... amerinsur@aol.com 17-11
18-4 APRIL 2018
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SPECIAL REPORT - GDPR Continued From Page 25
It is important if an American is to understand the GDRP, to view personal data as does a European. Doing so will flip the American idea that data belongs to a company which gathers it and instead it belongs to the individual person who is identifiable by the data. This means when European customers share their data with US companies it is not ours, but If your company does come rather theirs, as the under the GDPR and you have European Union not started to figure out what to do, a lot sees it.
NEW EUROPEAN PRIVACY LAW COMING
American view privacy differently from Europeans
overriding law. For the most part, being explicit in a privacy statement about how consumer data is used, shared, and kept secure, and then living up to those promises while not acting in a way that would surprise or be unfair to a consumer, forms the basis of American privacy law.
But, you may say, I am not regulated by of work will need to be completed by May When European the European Union, 25, 2018! Time is running short and you customers share am I? Maybe. Since data with you may not be will need to quickly assess and document their US companies it familiar with the new is not ours, but where all the personal data on EU citizens regulations, it may rather theirs, as the help to understand is contained on your systems, wherever European Union the difference those systems may be. “ sees it. between Americans and Europeans on the issue of privacy. Americans Europeans generally view privacy Hey, so what? My company is not generally view the concept of as a specific personal right that located in the EU! privacy much differently than they possess. It cannot be easily Europeans and the laws and given up. Personal data, as used That seems to make some sense. regulations in place in their in the GDPR, applies to anything However, it is not completely that can be used to identify a accurate. The new privacy respective nations reflect that. person, including things that regulations apply to all companies Consumer privacy law in the USA would not be PII in the USA, processing and holding the has been based on notice and such as an email address or even personal data of data subjects consent, enforced by principles of an IP address associated with a residing in the European Union, fairness and non-deception. This mobile device (or the IP address regardless of the company’s is set forth in the Federal Trade associated with any other location. Commission Act, laws pertaining internet connected device within to healthcare and financial the Internet of Things, like an If you are collecting personal and or behavioral services, etc. and state consumer internet connected coffee maker, data thermostat, garage door opener, information from someone in an protection and data breach EU country, you are subject to laws. There is no central uniform etc.). the requirements of the GDPR. 30
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The law only applies if the data subjects, as the GDPR refers to consumers, are in the EU when the data is collected. For EU citizens outside the EU when the data is collected, the GDPR will not apply. But, be careful if you start collecting data on an EU citizen when they are out of the EU but continue to do so after they are within the EU! This later data may well be subject to the GDPR. The new privacy regulations apply to any personal information gathered regardless of a financial transaction.
for example, and shows an office and contacts in Germany and France, such activity will be considered target marketing and the regulations will apply. Marketing targeted to EU citizens will bring a US company within the GDPR. US companies need to review their processes, marketing and data collection practices to see if this applies. Companies in the hospitality, e-commerce and others need to pay special attention to it.
vendor contracts and if you are subject to GDRP, likely so are your vendors. As, I suggest your DPO have an understanding about this with your regulator(s). • Right to Access: The consumer or data subject has the right to know if their personal data is being processed or used and for what purpose. A free copy of the data must be shared upon request to the consumer or data subject within 30 days of the request. Expect a flood of requests beginning on May 25.
OK, so my company may be It is important to understand the subject to the GDPR, what • Right to be Forgotten new privacy regulations apply does that mean? or to make corrections: to any personal information Allow the consumer or data gathered regardless of a The new regulations are largely subject to have their data financial transaction. For not focused on security, but erased and includes all third example, if the someone living privacy. Unlike most US laws, parties associated with it. In in the EU completes a survey which focus on obligations addition, the consumer can with personal data or (PII) as part which a company may have request corrections if there of survey or application, then when PII is lost or stolen in a are any errors in the data. the data is covered by GDPR. breach, the GDPR provides, Many requests for erasing This could be to subscribe to part, for: data are expected on May a newsletter, to download a 25. Not responding timely whitepaper, and so on. could raise issues with the • Breach Notification: A regulators or in courts. company must notify Generic marketing by US consumers or data subject company’s website does not of the breach within 72 • Data Portability: The right apply unless it is targeted to of consumer to get their hours of becoming aware of EU citizens in an EU language data in a standard format to it. Does the 72 hours begin and listing company references move to another company. if it is your vendor that in an EU state. Thus, if your knows about it and doesn’t company has a version of the notify you promptly? This website in German or French, should be addressed in your See New EU Privacy Law Page 47 APRIL 2018
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NOTABLE QUOTABLES IN THE NEWS
SAY WHAT?
A Blow To The 2nd Amendment?
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ou are the bureaucrats that Thomas Jefferson warned us about.”
Out-OF-Touch Clinton Explains Her Loss - Again
ImageAttribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)
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e do not do well with white men and we don’t do well with married, white women. And part of that is an identification with the Republican Party, and a sort of ongoing pressure to vote the way that your husband, your boss, your son, whoever, believes you should. You know, you didn’t like black people getting rights, you don’t like women, you know, getting jobs. You don’t want, you know, to see that Indian American succeeding more than you are.” Failed presidential candidate Hillary Clinton at a conference in Mumbai, India (where she nearly fell down stairs twice) after being asked why about 52 percent of white women voted for Trump. This time, Clinton demeaned millions of women, opining they only voted for Trump as a result of pressure by their husbands and doubling down on the foolish “identity politics” that many feel cost her the election in the first place while continuing to blame everything and everyone but herself for her failed campaign. 32
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Deerfield, IL resident Dan Cox after the village voted unanimously to ban semi-automatic rifles, pistols and shotguns ‘with certain features’ as well as high capacity magazine. Other residents kicked back as well. “There were a lot of emotional arguments and not a lot based on fact,” said Daniel Easterday, according to CBS Chicago. “Deerfield is a very crime free community, and I don’t see how this is going to make it any more crime free.” The anti-gun hysteria has been growing nationwide since the Parkland, FL massacre that killed 17 students.
“Islam Is Not Part Of Germany”
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slam is not part of Germany. Christianity has shaped Germany including Sunday as a day of rest, church holidays, and rituals such as Easter, Pentecost and Christmas. The Muslims who live among us are naturally part of Germany. But that of course does not mean that we, out of a false sense of deference, should sacrifice our traditions and customs.” Germany’s new interior minister, Horst Seehofer, refreshingly taking a hardline view of Muslim immigration
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Islam: Always Demanding, Never Assimilating APRIL 2018
and the cultural changes that have resulted therefrom. After admitting about 1 million Muslim asylum seekers in 2015 from Afghanistan and Syria, Chancellor Angela Merkel took a massive political hit when those refugees failed to assimilate and the young Muslim men began sexually assaulting German women. Seehofer was essentially telling the arrogant immigrants: “This is Germany. If you want to live here, live like the Germans. We are not going to accommodate you, you must An unnamed witness to the YouTube shooting accommodate us.” of 4/3/2018 where three people were injured by gunfire before the shooter ended her own life Politics Infect Underwriting with a bullet. So often, the best solution to a bad guy with a gun, is a good guy with a gun. he Lloyd’s market continues to This shooting took place in a “gun-free zone” by insure coal projects, even when a liberal, vegan, PETA activist. She was not an other insurers are withdrawing cover NRA member, and she did not have an assault for an industry that is fuelling dangerous weapon. Had she been polled a week before the climate change. This is the same market that shooting (which most probably resulted from her provides liability cover for gun owners – in anger against YouTube for filtering her videos) both cases the market is putting profits ahead she would almost certainly been seeking a of people whose health and well-being the “common-sense conversation on gun control.” insurance industry is supposed to protect.”
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Unfriend Coal campaign coordinator, Peter Lloyd’s of London: Bosshard, frustrated that insurance giant 1st Loss Year in Six Years Lloyd’s of London is not caving to political pressure from the far-left. If these political he market experienced an bullies could pressure insurers to avoid covering exceptionally difficult year in certain industries, in this case the coal industry 2017, driven by challenging market and the gun industry, it would be game over for conditions and a significant impact from the other side. Bravo to Lloyd’s. natural catastrophes. These factors mean that for the first time in six years Lloyd’s is Wish I Had A Gun reporting a loss. The market experienced an exceptionally difficult year in 2017, driven ave to be smart. You gotta be by challenging market conditions and a fast, you gotta think fast—be significant impact from natural catastrophes. smart. I didn’t have a gun on me, but I wish I did.” From a March 2018 Lloyd’s Press Release...
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BACK ISSUES
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CLAIMS & THE LAW Continued From Page 7
ZALMA Ms. Judge, Ms. Raine’s daughter, forged a signature for Quentine Jefferson. As such, Ms. Raine (through her daughter and third husband) collected the $800,000 from the policy. Enoch, the brother of Mr. Raine and step-brother of Mr. Everette, testified that Mr. Everette confessed that “James and Emma got me to kill Ernest.” Similarly, Mr. Fowler testified to this same conversation, stating that Mr. Everette confessed that “Emma and James had hired him to murder Mr. Smith.” Henry, who was also present for this confession, likewise testified that Mr. Everette said that “James and Emma gave him money to shoot this man down there.”
The circumstantial evidence, when viewed in a light most favorable to the prosecution, demonstrates that a rational trier of fact could have found Ms. Raine guilty beyond a reasonable doubt, reasonably rejecting the hypotheses of innocence she advanced. The hypothesis that Mr. Raine acted without her knowledge could be rejected because at the time of the killing, Mr. Raine was positioned to receive $400,000 from Mr. Smith’s life insurance policy. Thus, he would have had no need to involve Ms. Raine in persuading Mr. Everette that he would actually receive the $10,000 promised. Additionally, a rational factfinder could reject the hypothesis that Ms. Raine purchased the life insurance policy because Mr. Smith purchased a motorcycle and was not a beneficiary at his death. Given the gradual increase in the value of the policy, the change of beneficiaries just two months before the victim’s death, the subsequent insurance fraud, and that Ms. Raine eventually did receive the full amount of the victim’s life insurance policy, a rational trier of fact could reject this hypothesis.
Mr. Glover also testified that Mr. Everette admitted killing Mr. Smith and that Mr. Everette was to be paid for the murder by his half-brother, Mr. Raine and Ms. Raine. Lastly, the testimony revealed that Ms. Raine became physically involved with Mr. Raine while Mr. Smith was still alive. However, Mr. Raine was later found dead in HEARSAY the bed he shared with Ms. Raine with multiple gunshot wounds to This Court has admitted a statement against penal interest the head. where the declarant implicated 36
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both herself and the defendant in the crime. In State v. Moore, 57 So. 3d 1033, 1037-38 (La. App. 4 Cir. 10/31/10) this Court admitted a declarant’s statements to police that she took a bag from the defendant, which contained items stolen from the victim, that the defendant gave her money, and that she fled with the defendant despite knowledge of a robbery. Although these statements implicated both the defendant and the declarant, this Court found that they qualified as a declaration under penal interest.
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CLAIMS & THE LAW Mr. Everette’s statement that he shot Mr. Smith for Mr. Raine and Ms. Raine should likewise be admissible as a statement against interest. Mr. Everette’s statements were nontestimonial, as they were made to family members and a cellmate, thus giving the statements further indicia of reliability. Mr. Everette had no reason to lie to Mr. Glover in jail, nor to his family in the car. The statements were not made to shift the blame or curry favor with law enforcement. Rather, Mr. Everette was relaying his involvement in a murder for hire in circumstances indicating the trustworthiness of the statements.
However any misstatement was cured by the judge’s instructions to the jury. The trial court gave a lengthy jury instruction as to the burden and the meaning of beyond a reasonable doubt. As such, any misleading statement concerning the burden of proof * * * If you believe she’s probably by the prosecutor was not so guilty, you don’t just wake up dominant that it was not cured by in the morning and come here the trial court judge’s instruction, and believe she’s probably guilty. which properly stated the burden You have reviewed the evidence, of proof. they’re asking you to say she’s probably guilty, but then I’m going The court of appeal concluded to let her walk out of the front that sufficient evidence was door.” presented to sustain Ms. Raine’s conviction for second degree Defense counsel objected, murder. Additionally, the hearsay claiming that the prosecutor had statements were properly made a “misstatement of the law” admitted as nontestimonial ALLEGED against interest. PROSECUTORIAL MISCONDUCT because “[p]robably guilty does statements not equal beyond a reasonable Further, the alleged prosecutorial Ms. Raine asserts that the jury doubt.” The trial court noted the misconduct during closing was improperly influenced objection and stated it would arguments was cured by the trial by prosecutorial misconduct charge the jury with the definition court’s jury instructions. when the prosecutor stated in of reasonable doubt during its closing arguments that if the jury instructions. ZALMA OPINION “believe[s] that she’s probably Ms. Raine’s appeal reveals the kind guilty, then the State has proved A prosecutor’s misstatements of of unmitigated gall that should with sufficient evidence the case the law in his closing remarks, be expected by a person who that is presented before you. does not require reversal of a had her husband killed for the defendant’s conviction if the court life insurance money, had the evil During closing argument, defense properly charges the jury at the nature to steal the benefits due counsel stated “You can even say close of the case. Here where the to her dead husband’s daughter, she’s probably guilty, but that’s prosecutor misstated the burden and then claimed she was done not enough. You have to be able of proof in closing argument, wrong by the prosecutor and to say I am certain, and there the prosecutor misstated that if all the witnesses who made the is no reasonable doubt, there’s the jury believed Ms. Raine was conviction obvious. ZIFL hopes guilt.” In rebuttal, the prosecutor “probably guilty, then the State has she spends a great deal of time in responded: proved with sufficient evidence prison and no man is ever stupid the case that is presented before enough to marry her again unless “The Defense said that you may you.” he has a death wish. APRIL 2018
believe at the end of this case that she’s probably guilty. She’s probably guilty. If you believe that she’s probably guilty, then the State has proved with sufficient evidence the case that is presented before you.
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TECHNOLOGY Continued From Page 5
KIM KOMANDO can combine airfare, hotels, rental cars and more. I’m often surprised by how many people book these elements separately, or just wait until they arrive at their destination to figure out the details. If you’re not using rewards points to fly, Travelocity is one of the best services for saving money on the overall cost of your trip. According to the company, people who combine even just their flight and hotel save $525 on average. That’s a lot of cocktail money. Like a lot of great travel sites, Travelocity has a free app for the Apple and Android user. Its primary service is called Farewatcher, which monitors deals on desired locations. Once you inform the app that you want to travel to Cancun, for example, you will receive notifications as prices drop. Click here to learn the insider secrets about how to use Travelocity. 4. Airfarewatchdog Some travelers are more spontaneous than others. For people who like to hop on planes 38
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on a whim, Airfarewatchdog will quickly become your best friend. This service sets itself apart by monitoring airline sites for sales and discounts.
3. Travelzoo
About 27 million members can’t be wrong: Travelzoo has become a popular venue for great savings, as the site has partnered with over 2,000 The best part? Airfarewatchdog companies. employs flesh-and-blood people who spend their Travelzoo’s search capabilities days seeking out the best are breathtaking, and you fares. It’s kind of like having can even use multiple search a personal travel shopper. engines to track down the Airfarewatchdog does the best offers. CEO Chris Loughlin research for you, and all you has boasted in have to do is sit Many of us interviews that back and wait for the site never the deals to rush have made publishes a deal in. wouldn’t this mistake, booking he book himself. The company a flight for a song, specializes in only to end up with a Travelzoo has last-minute fares, won a lot of particularly the cramped seat, hidden accolades for “blooper” and quality, baggage fees, and its “mea culpa” fares especially when that result when no meal. Even if you it comes to an airline messes like to rough it, there international up. Unlike many is nothing wise or flights. Want companies, these to backpack folks incorporate convenient about a 3 through Europe, smaller airlines but you’re not as well, such as AM departure from picky about Southwest and Guatemala City.” where you start? Allegiant, which You can even are known for search deals by continent. great prices but are often skipped over. If you’re not tied Click here to learn more about to a particular brand, this is a Travelzoo. great way to save money. 2. Kayak Click here for tips on using For years, Kayak was the Airfarewatchdog. reigning champion of travel Table of Contents
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TECHNOLOGY sites, aggregating the data from hundreds of services, including booking companies, airlines and travel agencies. Kayak is particularly suited for people with open-ended travel plans, enabling you to find recommendations within a certain budget. The site’s “Explore” tool shows you a world map that highlights each destination and a conspicuously cheap fare. For example, you might scroll over Asia and find a flight to Tokyo for $650. The dates might not be ideal, but the information will help you figure out the best times to book. While many services will track airfares and notify you when they rise or drop, Kayak boasts a “Price Predictor,” which anticipates the fluctuation in price before booking. Remember, nothing on the internet can perfectly prognosticate the future, but Kayak’s metrics are a helpful gauge. Click here to learn all about Kayak.
so many different airlines and agencies, but the real reason Google excels is this: The search engine can tell the difference between a cheap flight and a good flight.
are some amazing features built in that make planning that vacation so much easier. Click here for five secrets to using Google Flights for the best deals.
Many of us have made this mistake, booking a flight for a song, only to end up with a cramped seat, hidden baggage fees, and no meal. Even if you like to rough it, there is nothing wise or convenient about a 3 AM departure from Guatemala City. Click here to learn more about how to avoid this situation.
Also, make sure you have everything you need for your next trip, grab your travel accessories in my shop today!
What are other ways you can take advantage of online savings? Be sure to listen or download my podcasts, or click here to find it on your local radio station. You can listen to the Kim Komando Show on Google Flights allows you to your phone, tablet or computer. set certain parameters when From buying advice to digital you search. Although many life issues, click here for my free services let you modify your podcasts. search options, let’s just say that Google Flights is particularly good at it.
Copyright 2018, WestStar For fly-by-night tourists, Multimedia Entertainment. Google’s most impressive All rights reserved. feature is searching within a date range. Suppose you want to travel somewhere in Africa in October. You can select the dates you’re available, and Google will figure out the best days and destinations for you.
1. Google Flights Few will be surprised that Google Flights ranks number one on my list, but for me, it’s not just because Google has so much data at its fingertips. It’s nice to be able to compare APRIL 2018
As most serious travelers know, the best journeys are full of pleasant surprises. However, if that’s all you use it to do, you’re missing out. There Table of Contents
Learn about all the latest technology on the Kim Komando Show, the nation’s largest weekend radio talk show. Kim takes calls and dispenses advice on today’s digital lifestyle, from smartphones and tablets to online privacy and data hacks. For her daily tips, free newsletters and more, visit her website at Komando. com www/underwritersinsider.com
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NEWS Continued From Page 20
FLORIDA CALLS FOR IMMEDIATE ACTION ON MASSIVE KIDDE SMOKE DETECTOR RECALL my Division to ensure that the appropriate agency heads are notified of the recall so a change can be made immediately if needed. To our local and county fire marshals, and fire prevention advocates, I urge supervisors and command staff to engage in aggressive public outreach efforts to notify Florida residents and businesses of this recall as soon as possible if they haven’t already.
• Remove any smoke alarms from the wall/ceiling and visually inspect it through the opening on the side of the alarm for the presence of a yellow cap. • Floridians should not attempt to take apart the alarm, open the casing, or remove the yellow cap. • If a yellow cap is present, Floridians should immediately contact Kidde. They can replace it with a properly functioning smoke alarm. For additional details surrounding the Kidde smoke alarm recall, please visit www.CPSC.gov and Kidde today and take immediate action to help protect your family, friends and neighbors. Your efforts just may make the difference between life or death for members of our communities.
Thank you for your time and Realtors have a tremendous service in this important matter. network in their communities, so I ask that the Florida realtor REMINDER: Smoke alarms should community reach out to their be tested monthly and batteries clients to make sure homeowners should be changed at least once have the needed information on a year. this recall. Sincerely, We strongly encourage everyone in our state to spread awareness Jimmy Patronis on this recall and advise members Florida Chief Financial Officer of our communities to do the and State Fire Marshal following: 40
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Rent This Space! Want Your 1/3 Page Message To Hit Over 120,000 Industry E-Mails Per Month For As Little As $129.00? View Rate Card Here! Request More Info Here!
APRIL 2018
BECOME A CERTIFIED EXPERT IN CORPORATE PROPERTY INSURANCE AND A CERTIFIED EXPERT IN CORPORATE LIABILITY INSURANCE Now available from Illumeo and Barry Zalma!
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veryone involved in insurance – either as an insurer or as an insured – requires excellence in claims handling. Businesses need to deal with insurers who have an excellence in claimshandling mandate. Insurers who wish to profit need an excellence in property and/or liability claims-handling program. Everyone in business needs an insurer who has an excellence in property or liability claims-handling program in effect. Two comprehensive programs enabling insurance professionals to become Certified Expert in Corporate Property Insurance and/ or Certified Experts in Corporate Liability Insurance are available from Illumeo.com and https://www.illumeo.com/curriculum/certifiedexpert-corporate-property-insurance and https://www.illumeo.com/ curriculum/certified-expert-corporate-liability-insurance. The programs are complete courses of study providing education and training to allow insurance professionals, after completing the individual classes, to become a Certified Expert. The programs cover everything an employee, an officer, or a director of a corporation needs to know about the need to acquire proper insurance and to resolve any claim presented by the corporation to the insurer. Major topics of study include, but are not limited to: the importance of insurance; how to acquire insurance and understand an insurance policy; the methods used by insurers to investigate claims; the various types of insurance that corporations need; the duties and obligations of a public adjuster; and how The full curriculum of the courses and other courses from Barry Zalma are available at http:// www.ilumeo.com by entering in the search bar the word “zalma.”
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SPECIAL REPORT
HOW (AND WHY) TO WRITE A PRESS RELEASE By Ron Manera, Senior Editor
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he most overlooked source of free promotion for small to medium-sized companies? Press Releases. Those little info blurbs that strengthen your brand and inform your market can be powerful tools if employed effectively. With a press release, your company can inform the world of a new hire, promotions, a key person retiring, a new product, a merger or acquisition, a new office or a thousand other events positive and timely. But even more important: Getting your company name out in front of tens of thousands of your prospects and customers, (even competitors) often, and at little or no cost. As an editor of a couple of insurance industry specific journals, I am on the receiving end of dozens of press releases daily - all wishing a free ride in one of my next issues. I welcome press releases because they often provide valuable content to my readers. Because of space and relevancy limitations, I can’t run them all. As a matter of fact, only a small percentage of the PRs I review
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make it into the magazines. How do I decide what to run? I look first for relevancy. Is the information in the press release something likely to be interesting or valuable to my subscribers? I can discard 80% of the PRs I review simply because the content is not focused on my audience. Next, I look for length, style and format. Will the original PR take up two pages requiring radical editing for size? Can I easily move the content into my publication without extensive reformatting? Are there bulleted paragraphs or multiple hyperlinks to contend with? I look for a news-style press release. When I receive a PR that is 80% promotional and 20% news, I’m likely to pass it up. I don’t charge for news - I do charge for advertising.
Up The Odds Your Press Release Will Be Printed And Effective
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suspect most editors rely on criteria much like mine when reviewing incoming press releases for publication. Table of Contents
Here are eight tips to increase your odds of actually making it to the show: 1. Give me a compelling headline! Hint: Write your headline last after you review your entire PR. A good headline will not only get my attention, but that of my readers. 2. Don’t open with “ABC Company announced today...” because the PR may not appear for another 30 days. Include the actual date. 3. Keep your copy succinct! 375-450 words max. That’s an entire page, so you have plenty of room to cover your subject. I’m not going to give you more space - so if you run long, you are asking me to trim your copy and you may not like what I remove. 4. Learn to write like a journalist: Who, What, When, Why & Where. (in no particular order)List those 5 categories out on a worksheet and work from it as you script your PR. To the ultimate reader, it should not read as if it were written by your marketing department but as if we sent a reporter APRIL 2018
Image Credit: Creative Commons
While larger operations use paid services like Businesswire, PRweb, PRNewsire and others to distribute their press releases, smaller companies can maintain a list of media outlets that make more sense for their target market. I review PRs from the big distribution houses all the time - but I am more likely to notice one emailed directly to me.
out to cover your news story. or a mention or quote 5. Important! Don’t from a company officer. I make your PR into an often include company advertisement. First, it will logos when they are made lesson the chance I include available. your piece, (remember, I 8. About (Your Company) charge for advertising) but It’s good to include a short just as important, it will lack “About ABC Company” at the credibility to the readers if it end of your PR. Keep it short just looks like a puff piece. and within the word limit for It’s okay to sound enthused the entire piece. Include about the topic and your contact info for “further company, but the ideal PR information.” will look as if your company 9. Make certain to place a copy made the news because of of each PR on your company some newsworthy event. website under your NEWS 6. Give me at least one quote, tab. The practice will make e.g. “Frank’s extensive your site more relevant to experience in restaurant search engines and more risks will bring a new depth valuable to visitors. to our commercial insurance department,” said John ow that you’ve created Smith, CEO... the perfect press 7. If appropriate, include release, where should an image, especially if you send it? the PR involves personnel
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In the insurance business, include every trade journal that covers your region. If you are introducing a new restaurant program, for example, you may wish to include some of the trade journals in that industry. If you are a local retail agent, by all means include local print media, especially neighborhood newsletters or city-wide newspapers. Build your list in a spreadsheet database so you can one-click mail-merge a personalized copy to each media outlet. Make it a habit! Find the best copywriter in your office and assign them the task of churning out one press release each month. You’ll be building your brand and status within your industry. Where to send at TUI? Send directly to me, Ron Manera at ron@insurmedia.com.
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Georgia Agents has more online benefits than any other insurance agents’ organization. Any one of the benefits shown on this page is worth more than the $99.00 per year membership! Join today at http://www.georgia-agents.com and everyone in your agency starts to enjoy the benefits immediately. You can pay online at www.Georgia-Agents.com or feel free to mail your business card with a check payable to: Georgia Agents c/o Eddie K. Emmett 200 Russell Court, Canton, GA 30115 Happy sales to you,
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APRIL 2018
Do GA CSRs have to be licensed? The answer is "Yes" if:
The CSR is a person who sells, solicits, or negotiates insurance.
The CSR receives commission on insurance sales.
The CSR handles endorsements and reinstatements.
The CSR gives quotes for insurance.
The CSR completes insurance applications.
The CSR handles renewals.
The CSR answers coverage questions.
So just what can an unlicensed CSR do? Mostly managerial and clerical tasks only indirectly related to the above tasks. I'm not so sure they can even take payments since that is a vital part of insurance sales.
The Georgia Department of Insurance encourages the insuring public to report any complaints about insurers, agencies and agents. The first thing checked is whether or not the person in the complaint is properly licensed for that transaction. Here's the scenario if the CSR is found to be in violation of O.C.G.A. § 33-23-4: Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors. Code Section 17-10-3: By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both.
Check out O.C.G.A. § 33-23-4 in the "Laws & Regs" link at the bottom right corner of www.GAlnsurance.org for a more murky explanation.
So what should an unlicensed CSR do? If they are handling only Personal Lines P&C, a Limited Subagent license should do the trick. The sponsor is responsible for their actions, a state exam is not required and they can take the required 20 hour pre-licensing course from the comfort of their desks for FREE if agency is a member of Georgia Agents.
It gets even better than that! CSRs may study the 20 hour Limited Subagent course, take an exam and download a Certificate of Achievement for free. It serves as great refresher training on Personal Lines such as auto, home and renter's insurance. But if the CSR handles lines other than Personal Lines, a full blown agent's license is required.
That applies to the CSR, the agency owner, and the Insurance companies that paid commissions to unlicensed entities. I wonder if they assign adjoining jail cells. GEORGIA AGENTS Members can earn 24 hours Online CE and 20 hours Limited Subagent Prelicensing and 20 hours Personal Lines Agent Prelicensing for all employees for only $99.00 per year! And that’s just a few of the many benefits. Join today at www.Georgia-Agents.com
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APRIL 2018
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SPECIAL REPORT - GDPR Continued From Page 31
NEW EUROPEAN PRIVACY LAW COMING • Privacy by Design: the concept of designing and implementing solutions to keep personal data private and secure.
a way that will not surprise them or make them uncomfortable and is consistent with our privacy promises.
However, the EU authorities have given the world notice that compliance is going to be necessary. If you are under the regulations, having your DPO It also means we have a good develop a relationship with the reason to use the data we collect regulators will be useful. from people, one we have established before we gather it Also, expect a rush of people in for processing and that we have the EU demanding a copy of their explained to the customers when data or that their data be erased they hand their data to us. on May 25 and companies subject to the GDPR will have to be ready If your company does come to respond within 30 days or face under the GDPR and you have problems. not started to figure out what to do, a lot of work will need to If you have any questions or be completed by May 25, 2018! need to get started with trying Time is running short and you to comply, please seek help will need to quickly assess and from a privacy professional who document where all the personal is familiar with the new privacy data on EU citizens is contained requirements. on your systems, wherever those systems may be!
The customer is effectively providing his or her license to use their personal data. The license is ongoing because it is not known when you gather it when the relationship with the customer will end, or when we will otherwise no longer have a legitimate reason to keep the data. The license is not infinite. Many companies are searching multiple systems in multiple The new regulations expect countries looking to find all the companies to stop processing personal data they possess! the data and no longer retain it when they have fulfilled the In conclusion, if your company person’s needs and the company is subject to GDPR, then a good has no other legal obligation or faith effort to be compliant with other legitimate basis to keep it. the regulatory scheme may be The permission to use customers’ data is conditioned upon using it lawfully. The regulations refer to it as “legitimately.” This means that you are using the data to fulfill the consumer’s request for goods or services in a way that they would expect us to use it, in APRIL 2018
Keith B. Daniels, Jr., J.D. is a graduate of the University of Wisconsin Law School and has worked as coverage counsel handling management, professional liability, employment practices and cyber liability claims, as an underwriter and as developer of a savior for your company if cyber and technology insurance the regulatory authorities start products for Lloyds of London looking for examples after May and US carriers. He provides 25. advise on insurance coverage, cyber security preparation and Time will tell if the regulatory privacy. He can be reached at authorities will expect 100% 1+715-379-6511 or at keith@ compliance by the start date. mycybercounsel.com. Table of Contents
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