Features 5 Advertising 9 Kim Komando 18 Inside Track 23 Insider Advisor 24 Classifieds 26 Say What? 28 Back Issues
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News 7
It’s Not About The Nail? Hilarious Satire On Relationships!
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World Gone Mad! 10’s of Thousands Taxpayer $ To Move Obama Dog
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Has The Mystery Of Amelia Earhart’s Fate Been Solved?
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5 Simple Steps To A Faster Computer - By Kim Komando
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Government Is Not Insurance - Expert Analysis by Barry Zalma
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Obamacare: Politics, Politics & More Politics - OP/ED By Spencer Lehmann
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North Carolina Insurance Agent Charged With Embezzlement
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Florida Annouces 1st Conviction Of Staged Motor Vehicle Accident
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Fitch Report Upgrades Florida’s Outlook
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Web TV Series Promotes Hurricane Sandy Classic Vehicle Restoration
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Florida Agent Chris Gardner Appointed As New Citizen’s Chairman
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Premium Finance Brokerage
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What Makes A Real Guy? Humor And Commentary By The Advisor
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Modern Insurance Consultants
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Let The Facts Be Damned: Al Sharpton’s Big Lie
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New Martin Jet Pack Almost Ready For Commercial Sales
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Parsley Performance Solutions Identifies “Ideal Producer”
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Allstate Indentifies The Safest Driving Cities In America
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Nat’l Insurance Underwriters
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St. James Insurance Company
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H.O.P.E.
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Aggressive Insurance
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NASA - Eclipse Agency Mgt.
E-Waste Hell: The Ugly Truth On Digital Recycling
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Accu-Auto
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Texas Agent Pleads No Contest To Felony Theft Of Insurance Payments
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SLB Group
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First Details On 155MPH Carbon-Fiber BMW 18: Fast & Furious
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Encore HR Personnel Solutions
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QQ Solutions Celebrates Twenty-Five Years of Innovation
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Orrin R. Beilly, Esq.
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LAAIA 2013 Trade Fair Booth Images Still Online
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Barry Zalma, Esq.
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The Towing & Rental Group
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FYI Georgia View & News
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Orrin R. Beilly - Florida Lawyer
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QQ Solutions
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IT’S NOT ABOUT THE NAIL?
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f you’re a guy, married or relationship, your woman probably laid this line on at least once during the course discussion:
in a has you of a
“Stop trying to fix it! I just need you to listen! Your always trying to fix everything when all I need is to vent!” This sentiment was reinforced by the classic relationship book, “Men Are From Mars, Women Are From Venus” by John Gray - and it’s become a mantra of sorts for millions of women unhappy with their men who, quite naturally, respond to a stated problem by trying to find a solution. Sometimes it IS about the nail!
The producer of the hilarious video below demonstrates well the frustration felt by guys worldwide when faced with the conflict that arises between women empowered by John Gray - and guys just trying to be guys.
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The #1 life product sold in banks is now available to independent insurance agents! Exclusive Perhaps women should reserve their opportunity, easy venting for their girlfriends - and look sale, 10 minute unfor solutions from their men. I’m just derwriting. Call John sayin’... Comments? [HERE] or Matt at 800-3595102 or email Info@ LifeAgents.com
WORLD GONE MAD? Just days after President Obama warned the military they are in danger of losing medical and retirement benefits due to “budget cuts,” he orders the family dog Bo airlifted to Martha’s Vineyard on a Navy Osprey MV-22 to join the family on yet another multi-million dollar vacation. The Osprey, typically used in military operations, costs about $11,000 per hour to fly. Shared Sacrifice? Keep smiling taxpayers!
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Sept. 2013 A Publication of AdMax Media Corp Corporate Offices
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HAS THE MYSTERY OF AMELIA EARHART’S FATE FINALLY BEEN SOLVED?
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round midnight on July 2, 1937 Amelia Earhart and her navigator Fred Noonan took off from Lae, New Guinea in a heavily loaded twin engine Lockheed Electra enroute to Howland Island, and their fate, 2,556 miles away into the black Pacific. The famous aviatrix was never seen again. The USCGC Itasca was on station at Howland Island and was able to receive voice transmissions
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from Earhart - but the pilot was unable to receive a response. Around 8:00 AM, Earhart radioed: “We must be on you, but cannot see you—but gas is running low. Have been unable to reach you by radio. We are flying at 1,000 feet.” Earhart never arrived and no sign of her, Noonan or the Electra has ever been found - until, possibly, now: [MORE]
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5 SIMPLE STEPS TO A FASTER COMPUTER
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Really Cool Stuff by Kim Komando
ne of the best things about a new computer is the speed. It boots fast, opens programs like a dream and generally doesn’t leave you checking your watch.
Of course, the longer you use a computer, the slower it gets. It’s tempting to buy a new computer or call a professional, but I wouldn’t just yet. You can get back most of the speed with a few free tricks. They’re simple enough for anyone to do, and your wallet will thank you. Before going on, I’m going to bring up one caveat. If you’re using a Windows XP computer, plan to get a new one soon. XP’s end of life is coming up on April 8, 2014. It’s already lacking newer security features. It will only g e t
less secure once Microsoft stops releasing security updates. Click here to learn more about the future of XP.
1. Speed up your startup The most annoying computer slowdown for most people is startup. Even new computers can take a few minutes to start. After years of use, it can seem like hours. Your computer spends much of that time starting third-party programs. Security software, printer software and driver updaters are just a few examples. The frustrating part is that many of these don’t need to run at startup. Autoruns is a freebie that can help reduce the load. It finds and disables u n n e e d e d programs so they don’t slow you down. But it won’t stop impor tant startup
processes, like security software. Startup Delayer is a good program if you want more control. You can tell what programs to start when. That way, they’re not fighting for system resources. If you have a Windows 7 or 8 computer, you might invest in a solid-state hard drive. These are much faster than conventional hard drives. It can bring your startup times to well under a minute. SSDs are still small and expensive - a 128 gigabyte SSD costs $110 to $150 - but that’s less than a new computer. Before you put down any money, however, read on.
2. Clean the clutter Another thing that slows down your computer is a cluttered hard drive. In the past, you had to worry about a full hard drive. Thanks to modern large-capacity drives, filling the space isn’t easy. Still, even coming close can slow down your system. So, if you have less than five gigabytes of free space, it’s time to clean. Use a free disk-visualizing program such as WinDirStat to see what applications and files are taking up the most space. Move spacehogging files you need to an external drive and delete the ones you don’t. Grab Revo Uninstaller to thoroughly remove any programs
See Kim Komando Pg 33 www.underwritersinsider.com
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GOVERNMENT IS NOT INSURANCE Expert Analysis & Commentary by Barry Zalma, Esq. Insurance Is Not a Government Function
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he Commonwealth Court of Pennsylvania, in Hospital & Healthsystem Association of Pennsylvania v. Ins. Commissioner, 939 C.D. 2011 (Pa.Commw. 08/09/2013) was called upon to decide whether a governmental entity – acting like an excess insurer – overcharged health care providers and appropriated funds belonging Barry Zalma, Esq., CFE is a California attorney to the providers. The health care specializing in insurance coverage, insurance providers and trade associations claims handling and fraud who serves as a consultant and expert for insurers and petitioned for review of an policyholders. He founded Zalma Insurance adjudication of the Insurance Consultants in 2001 and serves as its senior Commissioner that denied their consultant. He recently published an e-book, challenge to the assessments “Getting The Whole Truth,” which is available imposed upon them by the at his Web site, www.zalma.com. Go to Zalma Medical Care Availability and Books at http://www.zalma.com/zalmabooks. htm. Reduction of Error (MCARE) Fund for the years 2009, 2010 and 2011. These assessments BACKGROUND provide the monies used by the MCARE Fund to pay medical malpractice claims in excess of what Since 1975, the Commonwealth the health care provider’s primary of Pennsylvania has been directly insurer pays. Petitioners assert that involved in providing medical their assessments were excessive malpractice insurance to health care because they resulted in a collection providers. The General Assembly of more monies than were needed by addressed the medical malpractice the MCARE Fund to pay claims for one crisis by establishing a mandatory medical malpractice insurance year and provide a 10% reserve. system. A health care provider’s refusal to purchase malpractice insurance Join Barry Zalma’s new Blog: coverage in 1975 was, and continues http://www.zalma.com/blog to be, sanctioned by the provider’s loss of his professional license.
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In 2002, the General Assembly enacted the Medical Care Availability and Reduction of Error (MCARE) Act. The MCARE Act addressed a newly perceived crisis, i.e., the cost of medical malpractice insurance. There was concern that the cost of medical malpractice insurance in Pennsylvania had increased to the point that physicians educated and trained in Pennsylvania were leaving to set up practice in other states where the costs of this insurance were lower. Relevant to this case, the MCARE Act established the MCARE Fund. The MCARE Fund was set up to provide insurance coverage in excess of the mandatory levels of primary medical malpractice coverage. The MCARE Fund is scheduled for termination. To that end, the MCARE Act has established a schedule for continued increases in the amount of primary coverage that must be purchased by health care providers and continued decreases in the amount of excess coverage that will be available from the MCARE Fund. The MCARE Fund is a “pay-as-yougo” program of what the general assembly called “insurance.” Unlike a private insurance company, it does not establish reserves to cover injuries that occur in the assessment year but See Zalma Pg 31 The Underwriter’s Insider
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OBAMACARE: POLITICS, POLITICS AND MORE POLITICS OP/ED By Guest Columnist Spencer A. Lehmann, RHU
This past week President Barack Obama spoke at the NAACP, and announced that he is working hard to prevent those who would, from making Law where Voters must prove by showing their photo identification, like their Driver’s License, that they are entitled to vote. Forget that they must show their photo ID to enter the Democratic Party Convention Hall, forget that Voters must present their photo ID to enter an airplane, forget that Voters must present their Photo ID to enter a myriad of places designed to make certain that the person accessing that facility or receiving the “privilege” given them as a means of assuring those in charge that the individual is entitled to access or to receive that privilege, some believe that no one should have to prove that they are entitled to vote. Or is it that some know that those not entitled to vote will vote anyway, and they don’t want anyone or anything to stand in the way of a vote, legal, or Illegal? Addressing those present at the NAACP meeting, President Obama said, in effect, “I am 12
doing all I can to prevent those who promote Voter ID from succeeding. Now I need you to help me sell ObamaCare!” It’s called, “Tit for tat.”
It is what is known as “I scratch your back, now you must scratch mine.” This isn’t unlike any Chicago style “strong-arm tactic” such as recently demonstrated by Teamster’s President Jimmy Hoffa, Jr. saying to Mr. Obama, regarding his signature achievement, ObamaCare, “We have a problem. YOU need to fix it!” It’s what we have come to expect from Thugs who run Chicago. It is not what we expect to hear from the President of the United States of America.
Spencer A. Lehmann is a Registered Health Underwriter (RHU), whose company, Lehmann/Wood & Associates, Inc., specializes in Group and Individual Long Term Care insurance and Medicare Supplemental Coverage. Mr. Lehmann retired from his company in 2005 and now spends his time writing on Health Care Insurance and Political Issues, both of which have encompassed over 40+ years of his life. He has been an actively involved member of the National Association of Health Underwriters (NAHU) since 1978, and serves on the Board of Directors of several Charitable Organizations’ helping Special Needs Children, and Inner-City Children to experience and participate in the world of the Arts and Music. In his free time he plays golf with his wife, Fran, who usually wins.
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Adding to this amazing interchange this past week are the comments of Kathleen Sibelius, President Obama’s Secretary of Health and Human Services (HHS), the following: “Why, the same kind of people who oppose ObamaCare now are like those who opposed the Civil Rights Acts in the early 1960s…” Begging Ms. Sibelius’ pardon, but does she realize that those who opposed the Civil Rights Act of 1964 were not Republicans, they were Democrats? Even those who have short memories know that George Wallace, who blocked the schoolhouse doors to Blacks, was a Democratic Party Governor, not a Republican Governor. In fact, Ms. Sebelius, it was the The Underwriter’s Insider
Republicans who freed the slaves, of all that the American Democratic and the Democrats who wanted Representative form of Government to keep slaves, is supposed to enslaved. [Editor’s mean. Adding to this amazing Note: Abraham interchange are the Lincoln was the This party, comments of Kathleen first Republican represented by Sibelius, President president.] an ass, needs Obama’s Secretary of to be reminded Health and Human Bad enough that America Services (HHS): “Why, that Kathleen is not a single the same kind of people Sibelius has such party country who oppose ObamaCare a poor memory of governance. regarding recent It is not an now are like those who history. Far worse, Authoritarian opposed the Civil Rights that in her typical country of Acts in the early 1960s…” Democratic governance. It Begging Ms. Sibelius’ Party arrogance, is a country “Of pardon, but does she she is likening the People, By realize that those who ObamaCare to the People, and opposed the Civil Rights the Civil Rights For the People.” Act of 1964 were not Movement of the That message early 1960’s. can best be Republicans, they were delivered in the Democrats? The arrogance 2014 Mid-term demonstrated by Elections, when the Democratic Party and Barack 19 Democratic Party Senators are Obama in their passing into law up for Reelection. The Republicans a HCR Law not wanted by the only need to take six of those seats, majority of Americans, against the maintain their majority in the House Will of the Public, in an Authoritarian, of Representatives, and finally force Single Party, Democratic Party, an unwilling President Obama to manner, represents the antithesis negotiate, compromise, and come to consensus for the Best Interests of the Country.
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Anything less, is unacceptable. Anything less will deliver a message to the Democratic Party and its minions that America isn’t paying attention, or doesn’t really care that the values that made US great, no longer matter. We must not allow that to happen. The future for our children and grandchildren depends on it.
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NORTH CAROLINA INSURANCE AGENT CHARGED WITH EMBEZZLEMENT
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ALEIGH -Insurance Commissioner Wayne Goodwin today announced the arrest of Gina Peeler Wagner, 46, no known address; she was charged with one count of embezzlement by an insurance agent. Department of Insurance criminal investigators allege that between January and September 2012, while working as a licensed insurance agent, Wagner received insurance premium payments of approximately $10,000 from 30 individuals, but did not apply the funds to their accounts. Investigators accuse Wagner of keeping the money for her own personal use. The N.C. DOI also announced the arrests of Johnny Ball, 49, and Joni Ball, 49, both of 154 Kitty Noecker Road, Pink Hill. Each was charged with one felony count of insurance fraud and one county of obtaining property by false pretense. Department of Insurance criminal investigators accuse Johnny and Joni Ball of submitting a fraudulent claim to Nationwide Agribusiness Insurance Company in the amount of $6,000 for the rental of a camper after a fire at their shared Jones County residence in February 2010. Investigators allege that the couple did not rent a camper and manufactured a fraudulent receipt. 13
FLORIDA ANNOUNCES FIRST CONVICTION OF STAGED MOTOR VEHICLE ACCIDENT IN LEE COUNTY
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ALLAHASSEE – Florida Chief Financial Officer Jeff Atwater today announced the conviction of Alain Guevara, 29, of Lehigh Acres for staging a motor vehicle accident. Guevera pleaded guilty this week at the beginning of a jury trial scheduled in the 20th Judicial Circuit Court, making it Lee County's first conviction involving a staged motor vehicle accident, which carries a two-year minimum mandatory sentence. “I applaud the hard work of our fraud investigators for thoroughly investigating all leads to bring this individual to justice,” said CFO Atwater. “We will not tolerate anyone who cheats the system, because it steals from every honest Floridian.” An investigation by the Department of Financial Services’ Division of
FITCH REPORT UPGRADES FLORIDA’S OUTLOOK
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ALLAHASSEE – Chief Financial Officer Jeff Atwater today released the following statement regarding the Fitch Ratings Agency report reaffirming Florida’s
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Insurance Fraud (DIF) revealed that Guevara and an accomplice staged a vehicle crash in August 2012 and then knowingly presented false, incomplete and misleading information for payment of a PIP claim.
reported accident scenario. A vehicle damage consistency report found that the physical evidence shows that the car was not in motion at the time of impact and that the description provided at the scene of the accident was falsified.
The initial accident report stated that a rented truck, driven by an accomplice, failed to comply with a stop sign and collided with the vehicle driven by Guevara. Upon review of the report and damage, one of the insurance companies that received claims from the staged accident reported suspicions to DIF, and an investigation determined that damage to the vehicles was not consistent with the
The investigation included the subpoena of phone records, which revealed that the two parties involved in the crash were not strangers and that there were repeated calls between the drivers immediately before and after the accident occurred. The insurance companies that received the fraudulent claims were Allstate Insurance Company and REPWEST Insurance Company.
AAA general obligation bond rating and its revision of Florida’s outlook from “negative” to “stable.” The Fitch report attributes this upgrade to the “established trend of economic stabilization and continued positive financial operations, including the passage of a structurally balanced budget for fiscal [year ending in] 2014.”
the economy, decrease debt and ensure government becomes more accountable to taxpayers are making Florida stronger,” said CFO Atwater. “Floridians should be encouraged by today’s news, but I’m confident that our sound financial practices are going to help us see much greater economic heights in our state.”
“Today’s announcement that Florida’s financial future is improving is great news for our state and an affirmation that our efforts to grow
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For more information on the Fitch report, please visit http://www. fitchratings.com/creditdesk/ press_releases/detail.cfm?pr_ id=800275. The Underwriter’s Insider
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‘AMERICAN DETOURS’ WEB TV SERIES
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HERRY HILL, N.J. (August 22, 2013) -- American Detours, a web television show featuring classic cars and epic American roads, will present two special episodes as a tribute to the collector-car hobby and Superstorm Sandy recovery on the East Coast. The series will premiere two Superstorm Sandy episodes to coincide with the one-year anniversary of the storm's landfall in October 2012. Superstorm Sandy was the collector-car hobby's single most devastating event in terms of claims and vehicle damage. American Detours (AmericanDetoursTV.com), produced by American Collectors Insurance, filmed the special episodes in Seaside Heights and Asbury Park along the New Jersey shore. Hosts Jael de Pardo (SyFy Network) and Jeff Glucker (Hooniverse.com) take a once-stormravaged but restored collector vehicle -- a 1969 Chevrolet Corvette -- out of the garage and onto the open road. Along the way, they meet other car hobbyists who have successfully restored their damaged vehicles back to their pre-Sandy glory, plus shore residents and business owners who have worked tirelessly to rebuild their homes and communities. Sandy made landfall just 50 miles from the national headquarters of
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American Collectors Insurance. The resilience and passion of collector car enthusiasts -- with 40 percent of claimants buying back their damaged vehicles for the purpose of repairing and restoring them - motivated the company to produce the special shows, noted Jill Bookman, CEO of American Collectors Insurance. “American Detours was inspired by our policyholders and the personal stories they’ve been sharing with us for nearly 40 years,” said Bookman. “The collector car hobby has deep roots throughout the Jersey Shore, Long Island and elsewhere along the East Coast. We felt it was our duty to create a special feature that highlights the progress our policyholders and residents have
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made in the wake of Sandy. If anything, Sandy has showcased the passion of collector enthusiasts more than ever.” American Collectors, a specialty insurance provider for collector vehicles and collectibles, launched the American Detours web TV show as a tribute to hobbyists, collector cars, and American roads. The show debuted with in April 2013 and will continue with the special episodes in October 2013 followed by Season 2 in 2014. For the latest on American Detours and to view past episodes, visit AmericanDetoursTV.com or the American Collectors Insurance YouTube channel (bit.ly/14u8yEW).
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OHIO DOI: HEALTH INSURANCE PREMIUMS TO INCREASE 41 PERCENT DUE TO OBAMACARE Insurance Companies’ Costs To Insure Increase 83% Premiums for Federal Exchange Show Higher Costs for Ohio Consumers and Small Businesses
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OLUMBUS — The Ohio Department of Insurance announced today that individual consumers buying health insurance on the federal government's health insurance exchange for Ohio will pay an average of 41 percent more than they did in 2013. In addition, ODI confirmed previouslyreleased preliminary calculations that insurance companies’ costs to provide individual health coverage will increase by 83 percent. “Ohio has traditionally had a more competitive health insurance market than other states with a wider range of prices and choices – from simple, high deductible coverage to comprehensive, full service plans,” Lieutenant Governor Mary Taylor said. “That level of diversity is essentially outlawed under Obamacare so Ohio's rates and premiums are going up significantly, and going up more than in other states where prices were already high.”
Premiums Increase 41% The Department utilized a National Association of Insurance Commissioners (NAIC) report of www.underwritersinsider.com
premiums reported by Ohio companies at the end of 2012 to compare premiums. Individual exchange plan premiums are expected to increase on average by 41 percent in 2014 compared to 2013, while exchange plans for Ohio's small businesses will increase on average by 18 percent. For individual health insurance plans, a total of 12 companies offering 200 different plans have been approved by the Department for the exchange. Open enrollment for the exchange will begin on October 1, 2013. For small group health insurance plans, 6 companies offering 184 plans have been approved to sell on the exchange. Based on premiums for the current individual market, plans in Ohio today cost on average $236.29 per month compared to $332.58 in 2014. For the small group market, today’s premiums average is $341.03 per month compared to $401.99 in 2014. An example of the difference between premium and the cost to provide coverage is that premiums do not include cost sharing paid by the consumer, whereas cost includes both the cost to the company to provide the coverage and the cost sharing paid by the consumer.
Insurance Companies’ Costs to Insure Increase 83% Estimates from a Society of Actuaries study released in 2013 showed Ohio’s
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current average cost to provide individual health insurance coverage is $223. Based on the rate filings approved by the Department, the average cost to provide coverage for individuals purchasing health insurance on the exchange in 2014 is $409 representing an increase of 83 percent when compared to the Society of Actuaries study. During the two month review process, the Department requested changes to submissions that in some cases resulted in rate adjustments. Ohio law requires all companies selling products in Ohio, including on the exchange, to justify rate submissions and any rate changes for 2014 by using sound actuarial judgment. The intense review process the Department conducted (as it does with all insurance products sold in Ohio) is to protect consumers from rates that are too high and to protect against company insolvency in which rates are too low and companies are unable to pay a consumer’s claim. Ohio is one of many states to recently release final exchange rate numbers and each state’s experience is different. Ohio’s rates are going up while some other states are seeing rates remain stable or even decrease as the ACA drives rates across the country closer together. For states where prices were already much See ObamaCare Driving Up Rates Pg 30 17
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Breaking Industry News
-Agent Summit Sponsorship Opportunities Announced Providence, RI, 08/13/13 - The E-Agent Summit, a must-attend event for insurance agency executives, managers, producers, and agents, to learn about digital marketing strategies for the modern consumer, announced today that it is accepting sponsorship applications in anticipation of the 5th annual summit, taking place October 27th-29th, 2013 at the Red Rock Resort and Casino in Las Vegas, NV. Firms interested in sponsoring the event can apply for a variety of sponsorship packages including platinum, gold or silver, as well as bronze sponsorship opportunities. Participating companies and organizations will receive strong branding presence at the event, as well as external endorsement perks including email campaigns, promotional marketing, and social media. In addition, sponsoring firms will have their logo displayed on the E-Agent Summit website, before, during and after the conference. Sponsorship applications can be found on the event site www. eagentsummit.com.
on management fees was actually diverted for his personal benefit.
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niversal Insurance Holdings, Inc. (Company) (NYSE MKT: UVE) announced that it has repurchased 241,933 shares of the Company’s common stock in a privately negotiated transaction with Norman Meier, the former Secretary and a former director of the Company, at $7.57 per share. The repurchase price represents a discount of 10.4 percent from the 8/13/2013 closing price of the Company’s common stock.
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ccording to a recent story in TheWeek.com “The average iPhone uses more energy than a midsize refrigerator, says a new paper by Mark Mills, CEO of Digital Power Group, a tech investment advisory. A midsize refrigerator that qualifies
for the Environmental Protection Agency’s Energy Star rating uses about 322 kW-h a year, while your iPhone uses about 361 kW-h if you stack up wireless connections, data usage, and battery charging.”
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lorida Insurance Commissioner Kevin McCarty announced today that a life claim settlement agreement has been reached with ING Life Insurance and Annuity Company (ING) and its affiliates. The settlement with ING is the seventh life claim settlement agreement reached for Florida. These seven insurers represent approximately 40% of the market for life and annuity products. Nationally, the focus continues to be the examination of the 33 remaining top national life and annuity insurers. The settlements focus on the insurers’ appropriate use of the U.S. Social Security Death Master File (DMF) to locate beneficiaries and then promptly remit payment to the unclaimed property division of each state for beneficiaries that cannot be located.
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he Federal Government has indicted a Texas lawyer alleging he siphoned over $12 million from insurance plan administrators in a scheme they characterized as Ponzilike. Hugh Lappe Scott Jr., 62, was charged with 22 health-fraud counts and an additional 20 counts of theft from the health care benefit program via his re-insurance business - which purported to provide “stop-loss” coverage to the plan. It is alleged that much more than the 20% Scott represented would be spent 18
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The Underwriter’s Insider
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lorida Insurance Commissioner Kevin McCarty announced today the release of the Report of the Multistate Targeted Market Conduct Examination of MassMutual Financial Group (MassMutual). The examination of MassMutual began in December 2012 and was managed by New Hampshire as part of the ongoing efforts being guided and coordinated by the National Association of Insurance Commissioners (NAIC) Life/Annuities Claim Settlement Practices Task Force, which is chaired by Commissioner McCarty. The Task Force is focused on investigating how life and annuity insurers have utilized the Social Security Death Master File (DMF) to identify deceased life insurance policyholders and annuitants and the efforts these insurers have undertaken to either pay beneficiaries or report and remit unclaimed property to the appropriate agencies.
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he Florida Office of Insurance Regulation (Office) issued an Order today authorizing Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue to reorganize its corporate structure and move subsidiary companies within the group. However, the Order does not authorize Florida Blue to sell stock to investors outside the Florida Blue group.
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n the first six months of 2013, Insurance Commissioner Ralph Hudgens’ office has assisted 4,684 Georgia consumers settle disputes with their insurance companies, returning $4.6 million in insurance claims to policyholders - - money they might not have received without his help. “Investigators in our Consumer Services Division have helped consumers and businesses retrieve $4,653,309, Hudgens said. “Many of the consumers who called my office had claim disputes with insurance companies, and our investigators were able to secure a settlement favorable to the consumer.” www.underwritersinsider.com
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eslie Lacroix, CIP, CRM, chair of Applied Systems Client Network (ASCnet), the user group of Applied Systems technology, announced today that Barbara Flanigan, CPCU, AIT, ARM, ARe, has been named chief executive officer of the association. Flanigan, a 30-year insurance industry veteran, joins ASCnet from Gallagher Bassett Services, where she was vice president-carrier practice. Prior to that, she held a variety of posts at CNA Insurance, where she was the company’s representative on the Agents Council for Technology (ACT), part of the Independent Insurance Agents & Brokers of America (IIABA); and the ACORD-Users Group Information Exchange (AUGIE) -two groups in which ASCnet leaders actively are engaged.
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eigh Ann Pusey, president and CEO of the American Insurance Association (AIA), issued the following statement praising the National Association of Insurance Commissioners (NAIC) for its resolution urging congressional reauthorization of the Terrorism Risk Insurance Act (TRIA). The resolution, adopted today by the NAIC’s Government Relations (EX) Leadership Council at its Summer National Meeting in Indianapolis, recognizes that TRIA has provided for a viable and stable terrorism risk insurance market which is vital to our nation’s economy. TRIA was first authorized in 2002, subsequently reauthorized in 2005 and 2007, and is scheduled to expire on December 31, 2014. Three TRIA reauthorization bills, H.R. 508, H.R. 1945 and H.R. 2146, have been introduced in the U.S. House of Representatives.
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lorida Citizens Property Insurance Corporation’s Board of Governors last month took a major step toward launching the consumer clearinghouse by selecting the company to service policyholders and agents when the
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program kicks off January 1, 2014. By unanimous vote, the board approved a contract with Bolt Solutions Inc., a Farmington, Connecticut based company with offices in Sarasota. The company will provide the software platform linking private insurers with consumers seeking to renew policies or purchase new coverage with Citizens. Established in 2001, Bolt provides online insurance placement to small businesses and consumers in 50 states and similar clearinghouse services to major national carriers. Under the terms of the deal, the 10-year agreement may not exceed $44.9 million and includes an initial five-year contract period and a five-year renewal option.
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pplied Systems today announced that Michael Howe has joined the company’s executive team as senior vice president of product management. Bringing more than 20 years of software experience to the company, Howe is now responsible for the management and direction of Applied Systems’ growing product portfolio and will report to Mark Layden, chief operating officer. Prior to joining Applied Systems, Howe was senior vice president of product management and marketing at Aptean, a leading global provider of enterprise application software. Prior to that, he spent over 10 years in several executive management positions at SAP. Howe began his career as a software engineer at Great-West Life Assurance.
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unshine State Insurance Company is pleased to announce the receipt of a $2 million cash contribution to surplus from its parent company, Sunshine State Insurance Holdings Corporation. The contribution brings Sunshine State’s policyholders’ surplus to in excess of $17 million, the highest level in the Company history. 19
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GEORGIA DOI CLAIMS MORE THAN $4.6 MILLION IN INSURANCE CLAIMS RECOVERED SO FAR IN 2013
tlanta – In the first six months “Investigators in our of 2013, Consumer Services Division Insurance Commissioner have helped consumers Ralph Hudgens’ office and businesses has assisted 4,684 retrieve $4,653,309, Georgia consumers Hudgens said. “Many settle disputes with their of the consumers who insurance companies, called my office had returning $4.6 million in claim disputes with insurance claims to insurance companies, policyholders - and our investigators money they might were able to secure a not have received Georgia Ins Commissioner settlement favorable Ralph Hudgens without his help. to the consumer.”
FLORIDA AGENT CHRIS GARDNER APPOINTED AS NEW CHAIRMAN OF CITIZENS BOARD OF GOVERNORS
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ALLHASSEE - Florida Chief Financial Officer Jeff Atwater today announced the appointment of Chris Gardner as Chairman of the Board of Governors for Citizens Property
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Insurance Corporation. Gardner, a resident of Winter Park, has 20 years of experience in the retail insurance brokerage business with a specific focus in Commercial Property and Casualty Insurance. He has served as a member of the Citizens board since his appointment in July 2011. “In his 20 years in the insurance industry, Chris has proved himself to be a person of high character and sound judgment who shares my high expectations for how a corporation such as Citizens should be managed,” said CFO Atwater. “I am confident he has the business background and leadership qualities it will take to further establish defined and transparent procedures at Citizens. It is important to continue to build the public’s trust in the non-profit corporation and better equip it to protect Floridians during their
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Claims Specialists in the Department’s Consumer Services Division can help with problems in life, health, auto and homeowners insurance. Consumers can call even if they just want their insurance policy explained or reviewed. “My Consumer Services Division takes calls Monday through Friday from 8 a.m. to 6 p.m., to offer the convenience of assisting consumers by phone after traditional working hours, said Hudgens.” greatest times of need.” Chris Gardner is the managing shareholder of Kuykendall Gardner, LLC, a Florida based insurance broker doing business since 1953. He has been a past chairman of the Winter Park Chamber of Commerce and is a past vice chairman of the City of Orlando Municipal Planning Board. “I am very honored to be chosen for this opportunity to lead a corporation that protects Florida’s property owners,” said Gardner. “My first priority will be to establish a very clear process for how Citizens will conduct business, which means serving customers in a more transparent way than ever before that continues to protect them during times of disaster and protects the taxpayer dollars of all Floridians.” The Underwriter’s Insider
QQ SOLUTIONS LAUNCHES API FOR ITS QQ CATALYST™ CLOUD-BASED INSURANCE AGENCY MANAGEMENT SYSTEM
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eerfield Beach, FL QQ Solutions, Inc, a leading provider of insurance agency management systems for independent agencies nationwide, has released the application programming interface, or API, for its revolutionary cloud-based agency management system, QQ Catalyst™. Since its initial release in early 2013, over 270 insurance agencies are now using Catalyst to automate their operations, provide better service to their clients and grow their revenues. Last month, the company released version 2.0 of the fully mobile Catalyst system, adding several major financial and other new features. The QQ Catalyst API allows developers to build apps that integrate with QQ Catalyst and securely access Catalyst data in the cloud via an extensive set of API methods. An API Web portal and developer sandbox are provided along with complete documentation and sample source code for developers to use in building their apps. "According to a recent survey report by Layer 7, in five years, 85 percent of large companies will have API programs," said Michael Stebel, Chief Operating Officer of QQ Solutions. "QQ Solutions is on the forefront of this trend. With Catalyst’s service oriented architecture, combined with its robust www.underwritersinsider.com
and extensive REST API, we believe independent software developers and third-party application providers will flock to our platform to provide
enhanced products to their insurance agency customers. Our intent is to build an ecosystem around Catalyst through our development partners that will greatly expand the range of solutions available to insurance agencies." Developers interested in becoming QQ Catalyst API partners should visit the API portal at: QQSolutions.com/ solutions/agenc ymanagement/ qqcatalyst/api.aspx for more information.
About QQ Solutions, Inc.: Named one of the "25 FastestGrowing Technology Companies" in South Florida by the South
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Florida Business Journal in 2011, QQ Solutions is a software-as-a-service (SaaS) company that provides featurerich, affordable solutions that help independent insurance agencies grow revenues, enhance productivity and operate more efficiently. The company’s mission is to help independent insurance agencies compete in the digital world by leveraging the latest Web technology, social media, digital marketing and real-time services. QQ Solutions strives to delight its customers by exceeding their expectations in product quality, customer service, training & support, and by meeting their evolving needs through a program of continuous product development and improvement incorporating the best available technologies. The company’s headquarters is located in Deerfield Beach, Florida, where the company employs 65 people in software development, product management, product support, professional services, marketing, sales, IT, finance, and administration. To learn more about QQ Solutions products, please call the company at 1.800.940.6600 or visit the QQ Solutions website at: QQSolutions. com
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“The Final Authority on Everything!” What Makes a Real Guy?
M
y wife and I have been arguing lately because she won’t stop bragging about how her ex-husband could “do anything.” Apparently this guy could build an armoire, sing like Bocelli, rebuild a boat engine, cook like a gourmet chef, wire a house and out-talk any politician. Unfortunately, the marriage ended when he ran off with my wife’s married sister, but that doesn’t stop her from going on and on about Tom Terrific. I need to do something to impress her and you’ve always got the answers. What’s your advice? — T.B.E. Chattanooga, TN With some effort, T.B.E., I am going to refrain from discussing your wife’s character. It seems you may have a problem here that cannot be solved simply by adding to your skill sets. However, some say we live in a culture where there exists the “feminization of men” — where gender differences and traditional male roles have been de-emphasized. We’ll let others debate the politics of the trend, but we thought it would be helpful to list those essential skills every man should possess if he is going to be a “real guy.” In no order of importance, here is the definitive list — or the “G” rated ones at least: (You must be able claim at least 20 of these skills if you want to impress women and children with your manliness)
ADVISOR
4. Change spark plugs 5. Get a car unstuck 6. Paint a room 7. Shoot and clean a firearm 8. Hook up a home theater system 9. Paddle a canoe properly 10. Change a tire 11. Configure a wireless network 12. Tie a proper fish knot 13. Navigate using a map & compass 14. Sharpen a knife 15. Perform CPR 16. Drive a manual transmission 17. Debug a bulky computer 18. Cook anything on a grill 19. Drive a car out of a skid 20. Hang a ceiling fan 21. Handle a chain saw 22. Stand down a bully 23. Shoot a bow 24. Hit a baseball out of the infield 25. Pass a football without a wobble
26. Swim a half-mile 27. Capture a snake in the house 28. Fix a running-on toilet 29. Unplug a garbage-disposal 30. Select, trim and smoke a cigar 31. Know the difference between a Pinot Grigio and a Pinot Noir 32. Bench press your body weight 33. Know at least 2 necktie knots 34. Work a table saw 35. Ride a horse with authority 36. Rebuild a carberator 37. Replace a garbage disposal
Extra Credit: (counts for 2) 1. Fly an airplane 2. Scuba dive to 120’ 3. Drive a race car 4. Ride a bull 5. Knock off 75 good push-ups
1. Back up a trailer 2. Build a campfire 3. Install a light switch www.underwritersinsider.com
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2-20 or 20-44 Agent Needed In Pembroke Pines, FL
FREE CLASSIFIED RULES: Submit all ads online at: www.underwritersinsider. com/classifieds. Ads must be less than 501 characters plus a title line. Eligible free classifieds include help wanted, position wanted, personal ads, agency for sale/purchase, or the one-time sale of an item or items. REGULAR CLASSIFIED RULES: Submit all ads online at: www. underwritersinsider.com/classifieds. Only $1.00 per word, including title line and response info. Payment must be received prior to print date. Ads run 3 mo.
Comm.P&C Producer Central Florida Commercial Insurance sales from a retail agency / broker or direct writer with a proven track record. Must have 3 to 10 years experience, 220 license, with an industry focus or mix of targeted niches. Must have aggressive sales skills and credible business relationship development abilities. Central Florida. Michael@einsgroup.com 10-8
CSR and Licensed Producers for Norcross GA office GA based agency going for expansion needs CSR ( two) and licensed producers (two), attractive salary OR commission offered to a right candidate with a minimum of two years experience & honest, hard working candidates are welcome, Please e-mail your resume ASAP. Contact: girish_talati@hotmail.com 10-3
Wholesale Broker/Carrier
Asst. Controller Hartford
License Insurance Agent 220 - Kissimmee Area
Strong Stat/GAAP with corporate tax is required. Will consider negotiating relocation assistance. Contact:
We are looking 220 Insurance Agent License in Kissimmee Florida. A detail-oriented professional with excellent timemanagement, organization and computer skills High school diploma or equivalent (GED) with a valid state driver’s license and reliable insured transportation. Currently posses an active 220 License Call us at 407-847-2539 10-9
Jeanine Drahota Lost Dutchman Search 480-563-7676 jkd@lostdutchmansearch.com 10-7
TAMPA, FL Area Part Time CSR Must like and know computers - near Hwy 301 and MLK. Flexible hours, low key environment. Pay commensurate with experience. Contact: cp.kazor@gmail.com 10-6 24
CSR 440 or 220 Agent N Miami area Looking for a 2-20 agent or CSR Bilingual ( English-Spanish ), Excelent on Customer service Email resume to jamie@ jmendezandassociates.com 10-1
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Great opportunity for the agent looking for the opportunity to be paid by production rather than salary. Our Pembroke Pines office is looking the right people to write commercial and/or personal lines. Email cr2dome1@gmail.com for more information. 10-7
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HERE 2-20 Producers Wanted: Miami Westchester Area
Looking for Personal & Commercial Lines producers. Salary plus commission!!! Rapidly expanding agency. Please contact us via email or call Yudanis @ 305-225-9550 or: yudanis@optioninsurancesolutions. com
9-6
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Experenced Commercial Lines CSR-Tampa Area Established large Independent Agency seeks experienced Commercial Lines CSR. Duties include all aspects of customer service incl. telephone calls from customer and underwriters, issue COI, Auto ID Cards, Evid. of Prop. Market new and renewal policies, prepare proposals, process invoices, binders, policies, endorse., audits, recommend., etc. This position requires a minimum of 4 years of commercial account handling. Knowledge of AMS360 management system will be a plus. Contact: susank@adcock-insurance.com 10-8
P&C Carrier Asst. Controller Upper NY State Stat/GAAP - solid yellow book required.Company will negotiate relocation at offer. Great area to raise a family. Enjoy all outdoor sports - hunting, fishing, hiking, water sports, skiing. Contact: Jeanine Drahota Lost Dutchman Search 480-563-7676 jkd@lostdutchmansearch.com 10-7 “Most people would sooner die than think; in fact, they do so.” - Bertrand Russell (1872-1970)
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Multinational Account Executive
NY/NJ/CT area
International property & casualty insurance skills including professional lines, directors & officers too. Manage, marketing servicing and be a resource for multinational or domestic P&C Programs. Carrier or Broker background preferred. Selfstarter, foreign language skills a plus. NY/NJ/CT area Contact: Michael@einsgroup.com 10-8
FREE CLASSIFIEDS HERE 2-20 Agent Wanted Today Insurance Services is looking for friendly, sharp, and PATIENT agent partners to take advantage of the health care reform opportunities, and the sizzling auto insurance market! I can help you- Can you help yourself? www.todayins.com CALL TODAY! 321-360-8516
IMPORTANT! You may also place FREE position-wanted classified ads in this section. Just click on the link below and fill out the simple form and we’ll get you online.
HERE!
10-7
Experienced CSR Wanted - New Port Richey area Experienced Commercial Lines CSR wanted for Roe Insurance, Inc in New Port Richey, Fl. 34655. Applied Systems experience required, will service approx 250 small C.L. clients, mostly in the nonprofit industry. Contact: greg@roeins.com 10-6
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Gainesville Area 4-40 or 2-20 Needed Insurance Den Inc needs a 2-20 or a 4-40 licensed agent. Email insuranceden@ aol.com or fax 352-628-5619 or phone 352-628-2331 10-5
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SAY WHAT? Notable Quotes You May Have Missed!
“People
Zimmerman Insurance
who have seen what happened to Zimmerman began to consider their own circumstances and asked how would their life be affected if something like that happened to them. There are about half-a-dozen crimes where a person can be charged if they simply display or discharge their weapon. You don’t have to shoot someone to get in trouble. If someone’s carrying a firearm and they have to display or discharge their weapon and it is reported to police, they should anticipate charges being brought. If you make a decision to carry a weapon, you should consider taking out one of these types of policies.” - Attorney Edwin Walker, cofounder of Texas Law Shield who charges a base monthly fee of $11 to gun owners who act in self-defense to advise them during police investigations and represent them at trial.
“‘Need’
The New Paradigm
now means wanting someone else’s money. ‘Greed’ means wanting to keep your own. ‘Compassion’ is when a politician arranges the transfer.” - Joseph Sobran, an American journalist and writer who once wrote for the National Review. Sobran passed away in 2010. Although controversial on many topics, it’s hard to argue with his analysis above of the Obama Administration’s infatuation with wealth transference.
Twist The Law - Advance The Agenda
“One major national firearms retailer, for
example, has been under fire for more than two years from the Obama administration’s Equal Employment Opportunity Commission. It seems the company won’t hire convicted felons, which the commission claims amounts to illegal racial discrimination. The federal government these days argues that policies that have what government lawyers call a “disparate impact” on racial minorities amount to impermissible discrimination - even when the policies themselves were not put in place for discriminatory reasons. Thus, the 26
government argues that a higher percentage of minorities within the felony population than in the population at large means that any policy that discriminates against felons as a class is discriminatory because its impact falls disparately on minorities. Company officials pointed out to commission investigators threatening to charge the company with discrimination that they couldn’t hire felons even if they wanted to, because federal law prohibits federal firearms licensees from hiring felons. The investigator’s response was, according to a company official I talked to: “That’s your problem, not ours.”” - From a special report to The Washington Times by David Keene documenting how federal agencies are twisting the law to advance their agenda - their war against the 2nd Amendment, guns and gun owners. [MORE]
Chicago Gun Control
“People are starting to remember that the history
of gun control laws is one of utter failure. Ask Mayor Rahm Emanuel of Chicago how his superstrict gun laws are working for him: 506 murders last year, and he is still demanding tougher gun laws.” - Political writer Michael S. Brown in a special report to The Washington Times. One must also ask how many of those 506 murders were done with guns already illegally owned or used - and how much difference additional laws would have made in the final result.
Let The Facts Be Damned...
“No where, was there an ounce of evidence that
the man who shot Travon followed him, reported him, or defended himself against him--even for his very life--based on the color of Travon’s skin. Yet ‘civil rights ‘leaders’--who in reality have more moral authority being a clown in a local circus than thoughtful and genuine purveyors of racial understanding--manipulated every element of fact in the case to convince the sleeping media--who refused to do their homework--that the man who shot Travon was racially motivated, racially biased, and hateful of races different than his. Simply put, the Sharpton, Jackson, Holder, and Obama rhetoric--though stating it was dressed in compromise--actually was intended to incite further anger, resentment, and furtherance of the untruths told for months in the case.” - Kevin McCollough, columnist and father of a multi-racial family expressing the frustration of all
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fair-minded Americans as the enormous and obvious lie of George Zimmerman’s “racism” was told time and time again, unchallenged by a mainstream media who was not only silent on the lie, but fully complicit in it. [MORE]
Flood Insurance Rate Increases
“Other commissioners and I have grave concerns
about the effects on consumers. I have a plan I’ll initiate in the next seven to 10 days to stop the rate increases until all the studies are done. And I hope it can be done without any legal action by our department.” - Mike Chaney, Mississippi Insurance Commissioner speaking of the Biggert-Waters Flood Insurance Reform Act, which could raise rates thousands of dollar.
Muslim Brotherhood? Not Our Brothers.
“Here’s a wacky, outside-the-envelope idea that we
just might want to give a shot – let’s try defeating our enemies. It’s bound to work out better than protecting and empowering them. The Egyptian Army is taking tough stand against the Muslim Brotherhood. It is backed up by an Egyptian people who rapidly tired of the Islamofascist freak show a minority of them elected. The Army, while losing many of their own, killed a lot of the insurgent Brothers. For some reason we’re supposed to be upset. At some level, many of these people feel that we Americans – we Westerners in general – deserve to lose. I don’t share those doubts. Our enemy is evil, plain and simple, and it needs to be beaten. The Muslim Brotherhood plus the jihadi sociopaths associated with it are most certainly our enemy. How do we know? Because they tell us so. They seek to rule the world under a theocracy that enshrines their own twisted version of Islam. The destruction of the Muslim Brotherhood in Egypt and everywhere should be the centerpiece of American Mideast strategy, not hassling the Israelis to compromise with terrorists. Indeed, it is hard to imagine how we would act differently if our goal was
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to help the Muslim Brotherhood.” - Kurt Schlichter, columnist and political pundit from an August 2013 article entitled “Why is Crushing the Muslim Brotherhood a Bad Thing?” Indeed, the Obama Administration’s incoherent foreign policy has many policy experts shaking their heads, wondering aloud why we are shy about identifying and acting against our enemy. Remember, when the Muslim Brotherhood was founded in 1928, its credo was “Jihad is our way; and death for the sake of Allah is the highest of our aspirations.” Nothing has changed.
“We
Zurich Insurance Suicide Mystery
are aware that such a letter exists. It is correct that the content relates to the relationship between Pierre Wauthier and Josef Ackermann. It would be inappropriate for me to elaborate on it. Zurich Insurance plans to examine if Wauthier had been under ‘undue pressure.’ The board sees it as its prime responsibility to look Pierre Wauthier into the question as to whether there was undue pressure placed on our CFO.” - Tom de Swann, interim chairman of Zurich Insurance last month discussing the suicide of former CFO Pierre Wauthier - who had reportedly mentioned the company’s former chairman, Josef Ackerman, in his suicide note. Pierre Wauthier, 53, married with two children, was found dead in his home in August. Authorities believe it to be a suicide. Josef Ackerman has since resigned - but there seems to be a cloud of mystery as to the relationship between Ackerman and Wauthier.
Cognitive Computers Coming?
“Modern
computing systems were designed decades ago for sequential processing according to a pre-defined program. In contrast, the brain, which operates comparatively slowly and at low precision, excels at tasks such as recognizing, interpreting, and acting upon patterns. These operations result in actions rather than just stored information, and that’s a whole different world. It really allows for a humanlike assessment of problems.” - Roger Kay, president of Endpoint Technologies Associates, who has written about IBM’s goal to build a chip ecosystem with ten billion neurons and a hundred trillion synapses, while consuming just a kilowatt of power and taking up less room than a 2 liter bottle.
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August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
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November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
April 2012
2005 Issue 2
INSURANCE • POLITICS • TECHNOLOGY • PEOPLE VOLUME 9 • 2012 • ISSUE 4
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May 2012 www.underwritersinsider.com
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Continued From Page 17
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OBAMACARE DRIVING UP COSTS
higher and that had more coverage mandates, rates are not increasing as much. In Ohio, where rates have been among the most competitive in the country, rates are increasing significantly as consumers are faced with fewer options and a higher level of required coverage.
to federal takeovers of both our health insurance regulations and our Medicaid eligibility process. As the problems with this law continue to appear even the federal government has begun to balk, with its recent announcement to delay the employer mandate for a year. Hopefully it's just the beginning of more such news and an eventual total rethinking of this law."
In 2010 the ACA, which includes sweeping changes to America’s health insurance system, became law. It includes the creation of health "These kinds of significant costs care exchanges in which individuals increases are bad for job creation and and small business owners in every why the governor and I continue to state can purchase subsidized call for the repeal and replacement coverage. According to the federal of this flawed law with reforms that government, initial open enrollment improve access by lowering costs.” on the exchange is set to begin Taylor said. “Ohio said 'no' to running October 1, 2013 with coverage the federal government's health becoming effective January 1, 2014. care exchange in our state and 'no'
TIRED OF FIGHTING TRAFFIC ON THE WAY TO WORK? NEW MARTIN JETPACK ALMOST READY FOR COMMERCIAL SALES
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ZALMA do not become adjudicated awards for several years thereafter. Instead, the MCARE Fund is set up to raise only those funds necessary to “cover claims and expenses for the assessment year.” The MCARE Fund projects its annual expected claim payments on the basis of the prior year’s payments. This means that the amount collected from health care providers in a given year may be more, or less, than what is actually needed to pay the MCARE Fund’s claims and expenses for that year. In making its calculation for 2009, the MCARE Fund ignored its 2008 accrued unspent balance of approximately $104 million. Instead, in 2009, $100 million was transferred out of the MCARE Fund into the Commonwealth’s General Fund for the purpose of funding the operations of state government. The Court held that this transfer of funds was illegal. Petitioners appealed their 2009, 2010 and 2011 assessments on the theory that the MCARE Fund’s year-end
balance should have been included in them. The MCARE Act provides no the aggregate assessment calculation guidance on the income generated for 2009 and the following years. by an accumulation of unspent Simply, the aggregate assessment balances, which can be considerable must be “sufficient” to produce a given the present unspent balance balance sheet that of $104 million. replaces what was The MCARE Act’s National Flood Insurance spent in the prior silence on these Program, FAIR Plans, and year and provides a matters makes the Affordable Care Act, reserve of 10%. perfect sense only have nothing to do with if the legislature insurance since they are not The MCARE Fund never intended risk sharing devices but are, has the statute to that such an rather, devices that take tax mean that 110% accumulation of the prior year’s would develop. money from the country or expenditures must state as a whole, to provide be collected each The legislature insurance like benefits to a year from health has addressed the special category of people care providers, possibility of an like those who live near a regardless of the unspent balance river that regularly floods, starting balance. in only one place people who live in high fire This exercise means in the statute. that unspent The MCARE Act risk areas or people who are balances will provides that ill but decided not to buy accumulate even upon termination insurance. as claims decline, of the MCARE consistent with Fund, “[a]ny the MCARE Fund’s balance remaining scheduled termination, or as earnings in the fund” shall be returned to on the 10% reserve increase. the healthcare providers who paid “assessments in the preceding calendar year.” This presumes a small, if ANALYSIS “any,” balance and suggests that there C o n s t r u i n g should not be an unspent balance in statutes, courts any other year. must be mindful of what the legislature did not say as well as what it did say. Most importantly, the MCARE Act says nothing about the accumulation of unspent balances in excess of the 10% reserve. It does not authorize
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The MCARE Act states that the MCARE Fund’s reserve “shall be” 10% of the prior year’s claims and expenses. Instead, after the 2009 assessment, the MCARE Fund had a reserve of 64%. Such a reserve cannot fit any reasonable interpretation of the stated purposes of the MCARE Act or the precise wording of the statute.
See Zalma Pg 35 31
Experts and Consultants for Insurance Disputes 4441 Sepulveda Boulevard Culver City, California 90230 310-390-4455 zalma@zalma.com http://www.zalma.com
Consultation from Zalma Insurance Consultants (ZIC) can save you or your client thousands of dollars in the defense or prosecution of an insurance dispute. ZIC provides expert advice and counsel insurers and plaintiffs’ counsel find indispensable. Consultation from ZIC can save you, your counsel or client hundreds of hours of investigative and legal work. ZALMA INSURANCE CONSULTANTS is a service of Barry Zalma, Inc. a California professional corporation. Barry Zalma is an internationally recognized expert on insurance coverage, insurance claims handling, insurance bad faith, insurance fraud detection, the defeat of false and fraudulent claims, Barry Zalma, Esq. insurance claims handling, and the resolution of insurance disputes. As a consultant, expert witness, lawyer, author, mediator or arbitrator he serves all parties who need consultation or expert testimony on matters relating to insurance coverage, insurance claims handling, insurance fraud and the tort of bad faith. Barry Zalma founded Zalma Insurance Consultants to help resolve any insurance claim problem faced by you or your clients that do not need Mr. Zalma’s services as a lawyer. His experience and skill as a consultant and expert witness can make the difference before a jury or other trier of fact. For more than 44 years as a claims person and insurance coverage attorney, Barry Zalma has represented insurers, advised insurers on claims handling, interpreted coverages and testified as an insurance coverage, insurance bad faith, insurance claims handling and insurance fraud expert on behalf of insurers and policyholders in state and federal courts.
Expert Testimony
Zalma Insurance Consultants serves insurers, policyholders, underwriters, brokers, agents, adjusters, public insurance adjusters, lawyers and any person involved in an insurance dispute. Because he is an attorney licensed to practice law in the state of California M r. Zalma may be prohibited by California case law from acting as a consultant or expert witness and, therefore, refuses to serve in any situation where a past client of his law firm, Barry Zalma, Inc. is adverse to anyone seeking his services.
Y ou can obtain M r. Zalma’s C.V . at http://www.zalma.com and his e-book publications http://www.zalma.com/zalmabooks.htm and blogs daily at Zalma on Insurance, http://zalma.com/blog.
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KIM KOMANDO
you don’t use anymore. Zap unused trial software and other unwanted bloatware with PC Decrapifier. Even if you have plenty of space, clutter can still slow things down. Plenty of programs create temporary files they have to sort through later. Get rid of temporary files with the free program CCleaner.
it’s scheduled to run. Usually it’s set for early morning. If your computer isn’t usually on then, change it to a different time. You can also run it manually. In Windows XP, you’ll have to run the defragmenter manually. Open My Computer and right-click on your main drive. Then choose Properties.
Go to the Tools tab and choose Defragment Now, then click Defragment. It will take a while, so sit back and relax. One exception to defragging is if you have a solid-state hard drive. These work in a different way and don’t have this problem. In fact, running a See Kim Komando Page 39
You might have duplicate music or photo files clogging up your programs. Use a program like CloneSpy or VisiPics to remove them quickly.
3. Pick up the pieces Files on a hard drive aren’t like files in a filing cabinet. On a hard drive, files become fragmented. Bits and pieces of them get scattered around the drive. This increases the time your computer takes to open them. That’s why there are defragmenting programs. These assemble the pieces so they’re easier to find. With Windows Vista, 7 and 8 this isn’t such a big deal anymore. They run the built-in defragmenter automatically on a schedule. To check when it runs, go to Start, or go to the Start Screen in Windows 8. In the search bar, type “defrag” (minus quotes). This will either bring up the defragmenter program or a list where you can select it. Check when it ran last and when www.underwritersinsider.com
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PARSLEY PERFORMANCE SOLUTIONS IDENTIFIES THE “IDEAL” PRODUCER FOR THE BEYOND INSURANCE
T
AMPA, FL, (Sept. 4, 2013). Beyond Insurance Global Network™ agency principals and sales managers now have a proprietary new tool to assist in hiring the “ideal” producer: the Beyond Insurance Success Model. Developed by Parsley Performance Solutions (PPS), this study utilized Profiles International’s Profile Sales Assessment™ program, which analyzes proven top performers and compares the results to normative data from studies of the U.S.workforce population.
Parsley Performance Solutions presented the findings of the Beyond Insurance Success Model study in March 2013 at the Beyond Insurance Global Network conference in Orlando. Twenty top producers from the Network completed the Profiles Sales Assessment in February. The Beyond Insurance Success Model was developed based upon the analysis of shared characteristics of these twenty top performers. Complete results and a Success Model profile are now available to member agencies in the Network to improve their selection, hiring, coaching, and retention of business development specialists. “The right assessment program can have a great impact on an agency’s success,” said David Parsley, President, Parsley Performance Solutions. “It’s exciting that the Beyond Insurance Global Network wants to achieve greater results by hiring candidates which are stronger job matches based 34
upon the assessment results and from more productive interviews that leverage the customized Interview Guide Report. By using the new Success Model, we are confident that their new hires will have a better chance of excelling in their business development roles. This program helps add science to the art of effective hiring and coaching.” “As the identification of top-tier sales talent is a common challenge of our Network partners, we are encouraging our members to follow this process so they can hire professionals who will differentiate themselves as outsourced risk advisors,” said Christin Myers,director of training and coaching for the Beyond Insurance Global Network.
experience by applying innovative systems, strategies, and tools to serve as outsourced risk managers. For more information about the Beyond Insurance Global Network, visit www. beyondinsurance.com/members.
About Parsley Performance Solutions Parsley Performance Solutions’ focus is to help organizations “Achieve Great Results Through Great People.” Of the many building blocks for a successful business, the most critical foundation upon which an organization is built is the people it hires, develops, and retains. As a Strategic Business Partner of Profiles International, Parsley Performance Solutions gives clients throughout the U.S.A. and Canada a competitive advantage by showing them how to select the right people and manage them to their full potential. For more information about Parsley Performance Solutions, visit www.ParsleyPerformance.com
“So far, I’ve heard excellent feedback about the Success Model from our members.” Although the Beyond Insurance Success Model is exclusive to the Network, Parsley Performance Solutions helps companies in any industry improve results and address critical people issues through a full array of talent assessment and leadership development programs.
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ZALMA The aggregate assessment must raise funds “sufficient” to meet the specified purposes in the statute. This means that the MCARE Fund must begin its annual aggregate assessment calculation with its unspent balance and add to it the amounts “sufficient” to cover the prior year’s claims and expenses and to “provide a 10% reserve” not a 64% reserve. The fact that the General Assembly chose to limit distribution of any balance in the MCARE Fund at termination to those that participated in the Fund in the preceding calendar year indicates that the legislature intended a direct correlation between the actual MCARE Fund balance at termination and the population of providers assessed in the prior year. Requiring health care providers to fund a new 10% reserve every assessment year, without regard to the monies already held by the MCARE Fund, defeats the stated goal of the statute to provide affordable excess insurance. Such an approach repeatedly and needlessly charges participating providers an assessment in excess of what is necessary to fund the statutorilyrequired 10% reserve. Because the population of providers changes over time, the providers who enter such a system in the earlier years will end up subsidizing the participating providers in the later years. This is unfairly discriminatory. For all of the foregoing reasons, the court reversed the order of the www.underwritersinsider.com
Insurance Commissioner and remand this matter to the Commissioner to recalculate the MCARE assessments for 2009, 2010 and 2011.
ZALMA OPINION The MCARE law was designed to die over time. It, and its predecessor, is an example why a governmental entity should never get involved in insurance because they do not understand what insurance is or how it works in the real world. Medical Malpractice Insurance is a risk sharing device where many health care providers pay into a fund so that there is sufficient money available to indemnify those who are sued for malpractice. The “crisis” laws like the MCARE law were designed to resolve arose because doctors who erred were sued regularly and successfully until insurers found a need to raise premiums to a level necessary to cover the payments and make a profit. To salve the “crisis” the government decided to provide a form of insurance rather than resolve the problem caused by its tort system. Since governments should not make profits and do not know what to do with a profit if it was made by accident or by a poorly designed system that has no relationship to the long term thinking of an insurer. The law here was made specifically to protect those who paid into the fund and to return excess, unspent, monies to the providers who paid into the fund. It is not a premium but a tax where health care providers are compelled to buy both primary insurance in the market and excess from MCARE. This case is instructive as government
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continues to place itself into the business of insurance where, whatever the government calls insurance, is, in fact, a method of government largess. For example the National Flood Insurance Program, FAIR Plans, and the Affordable Care Act, have nothing to do with insurance since they are not risk sharing devises but are, rather, devises that take tax money from the country or state as a whole, to provide insurance like benefits to a special category of people like those who live near a river that regularly floods, people who live in high fire risk areas or people who are ill but decided not to buy insurance. The Commonwealth of Pennsylvania, until slapped down by this court, took money intended to protect medical providers for its own use without legal authority. © Barry Zalma, Esq. 35
WHERE ARE THE SAFEST DRIVING CITIES IN AMERICA? THE NINTH ANNUAL “ALLSTATE AMERICA’S BEST DRIVERS
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ORTHBROOK, Ill. Allstate Insurance Company today released its ninth annual "Allstate America's Best Drivers Report®." The report, based on Allstate claims data, ranks America's 200 largest citiesi in terms of car collision frequency to identify which cities have the safest drivers. This year's top honor of "America's Safest Driving City" is Fort Collins, Colorado, the third time in report history that this city has held the top spot. Fort Collins has placed in the top ten every year since the report's inception. This year, the results indicate the average driver in Fort Collins will experience an auto collision every 13.9 years, which is 28.2 percent less likely than the national average of 10 years.
Administration, car crash fatalities increased by more than 1,700 from 2011 to 2012, the first year-to-year increase in fatalities since 2005. While
indicates that most claims are the result of low speed (under 35 miles per hour) collisions. "Allstate has found the most frequent collisions happen during minor fender-benders, but it's important to keep in mind that even lowerspeed accidents can have serious outcomes," said Roche.
The Report fatalities have increased over the past year, Allstate research found that 70 percent of vehicles involved in auto claims are considered drivable, which
For the past nine years, Allstate actuaries have conducted an indepth analysis of company claims
E-WASTE HELL: THE UGLY TRUTH ON DIGITAL RECYCLING
"Congratulations to Fort Collins for continuing to demonstrate excellence in safe driving," said Mike Roche, senior vice president of claims, Allstate. "Allstate's Best Drivers Report was created to boost awareness about the importance of being safe and attentive behind the wheel, while providing drivers with tips and resources to improve their driving skills." According to the most recent report by the National Highway Traffic Safety 36
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data to determine the likelihood drivers in America’s 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period (from January 2010 to December 2011) to ensure the findings would not be impacted by external influences such as weather or road construction. A weighted average of the two-year numbers determined the annual percentages. The report defines an auto crash as any collision resulting in a property damage claim. Allstate’s auto policies represent about 10 percent of all U.S. auto policies, making this report a realistic snapshot of what’s happening on America’s roadways. For the third time in the report’s nineyear history, Fort Collins was revealed as the safest driving city.
SAN ANTONIO TEXAS INSURANCE AGENT PLEADS NO CONTEST TO FELONY THEFT OF INSURANCE PAYMENTS
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AN ANTONIO – Jennifer Marez, 35, of San Antonio pled no contest to a seconddegree felony of theft of $100,000 to $200,000 in Bexar County 187th District Court on August 27. As a
condition of her plea agreement, Marez faces up to 10 years in prison and is required to permanently surrender her insurance adjuster license. While employed as a licensed adjuster, Marez allegedly approved 19 payments to herself from the accounts of 18 unknowing claimants. Two of the payments were cancelled prior to issuance, but the remaining 17 payments totaling $157,727 were routed directly into her personal bank account. In order to avoid scrutiny by her employer, Marez issued the payments in the names of her son and husband. Marez’s employer discovered the theft and reported it to law enforcement. The Texas Department of Insurance Fraud Unit conducted the criminal investigation of the case. Sentencing is set for September 23, 2013.
FIRST DETAILS ON THE 155MPH, CARBON FIBER BMW I8 FAST & FURIOUS
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QQ SOLUTIONS CELEBRATES TWENTY-FIVE YEARS OF INNOVATION
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Q Solutions, a leading provider of agency management systems and comparative rating systems to independent insurance agencies nationwide, celebrates its twenty-fifth anniversary. Founder and CEO Mark Malis says the company’s new QQ Catalyst agency management system brings agents into the future by utilizing superior technology.
feedback was so positive that he and his dad decided to sell it to other agencies. “In the beginning, it never occurred to me that I could own my own business,” Mark said. “When I graduated, I just thought I’d work at IBM.” Today, Mark has a very clear vision for his company’s future. Just as twenty-
While it was Mark’s innovation that started the company, he credits his team for bringing QQ Solutions to where it is today. “There are people on our staff who have been with us for 15 years,” he said. “We leverage their knowledge of the industry and our customers – and continue to add new people who bring a fresh perspective.”
pound computers are a thing of the past, so are agencies that run on paper trails and filing cabinets. As a result, QQ Solutions latest product, QQ Catalyst, really brings agents into the future by utilizing superior technology. This Webbased agency management system is designed to help independent insurance agencies save time and money by walking new users through each process one step at a time. It runs on any device with a modern browser – such as an iPad, iPhone, notebook, tablet or Android device – allowing agents to run their business anytime, anywhere.
Currently, QQ Solutions has 65 employees, half of whom are developers and testers. “We focus our company on product development because we never stop innovating, improving, and trying new things,” added Mark Malis. “We’re always looking forward to see what we can accomplish next. We are obsessively customer-focused, offering independent insurance agencies the industry’s best customer service supporting the most innovative, continuously-improving agency management system — QQ Catalyst.”
This August, QQ Solutions celebrates its twenty-fifth anniversary as a Software-as-aService (SaaS) company. Now one of the largest insurance agency management system and rating providers in the nation, with over 22,000 users, the company started out as a senior class project at the University of Florida. In the last year of his undergraduate program at UF, QQ Solutions’ founder and CEO, Mark Malis, recalls being assigned a project to write software for any business of his choosing. He approached his father, Gerry Malis, to ask if he could write a program to help his auto insurance agency speed up everyday tasks that bogged down his agents. Mark developed his first agency management system, AutoFile, in 1983. At the time, the program was written on a “laptop” computer – weighing more than twenty pounds. The source code was stored on 5.25-inch floppy disks. When the product was first deployed by his dad’s agency, Mark said the 38
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KIM KOMANDO defragmenter on an SSD will shorten its life. Windows 7 and 8 will detect an SSD and turn off defragmenting automatically.
4. Boost your browsing Your computer runs fast, but loading websites leaves you twiddling your thumbs. What gives? First, make sure you’re getting the Internet speed you paid for. The free service Speedtest will give you the real scoop on your Internet connection. If you suspect the problem is in your wireless network, you can tweak your router’s settings to eliminate hang-ups and bottlenecks. Click here for instructions. If your wireless signal is weak or your home has dead spots, try putting your router in a central location. Also, move it away from walls and metal objects. Click here for more tricks to boost your Wi-Fi. It might turn out that it isn’t your connection, but your browser. On Vista or 7, the fix for that could be as simple as upgrading Internet Explorer to version 9 or higher. Do this from Start>>Control Panel>>Windows Update. On XP, you won’t have this option. Instead, ditch IE entirely for the newer, more nimble Firefox or Chrome. Both of these are fast and secure.
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Not sure what browser you’re using? Visit What Browser Am I Using? to find out. Getting rid of unneeded browser toolbars, like Babylon, will also speed things up. These often come attached to free software. You can remove these manually in the browser add-on settings, or use a program like Toolbar Cleaner.
5. Remove pesky viruses Speaking of unwanted programs, viruses can seriously slow down your system. They might be busy recording everything you do, or sending out spam. Combat malware with up-to-date security software. AVG and Avast! are two good free options. I also recommend Malwarebytes for manual scanning and removal.
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The worst viruses will block you from installing security software. In that case, grab a rescue CD like AVG Rescue CD. This runs outside your operating system so viruses don’t have a chance.
Copyright 2013, WestStar Multimedia Entertainment. All rights reserved. Kim Komando hosts the nation’s largest talk radio show about consumer electronics, computers and the Internet. To get the podcast, watch the show or find the station nearest you, visit: http://www. komando.com/listen. To subscribe to Kim’s free email newsletters, sign-up at: http://www.komando. com/newsletters.
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“We Win. They Lose” - President Ronald Reagon detailing his foreign policy as regards America’s enemies 39