The Underwriter's Insider 2012 Issue 1 by The Underwriter's Insider

INSURANCE • POLITICS • TECHNOLOGY • PEOPLE VOLUME 9 • 2012 • ISSUE 1

TABLE OF CONTENTS

Features News 9

Kim Komando

Ending Income Inequality? By Dr. Walter E Williams

Whoâ&#x20AC;&#x2122;s Insured? By Barry Zalma, Esq.

Paul Allen and Burt Ratan To Build New Launch System

Inside Track

Marketplace

N. Carolina Rules on Dwelling Fire Rates

Insider Advisor

Muhammad Hates Diversity By Ben Shapiro

Georgia & Florida Agree on Catastrophe Plan

Florida Claims Recovery $17M + For Consumers

Florida Welcomes New Insurer Best Doctors Ins Ltd.

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Clamor Over Texting and Driving Grows: AIA Statement

Independent Agents Prefer Real Time Over Portals

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Land Of The Freebies Home Of The Enslaved

Ron Paul Derailed By Charges Of Racism?

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Florida Appoints New Head Of Division of Ins. Fraud

Florida Convicts N.C. Man in $2.7 Million WC Scam

Florida Fraudbuster Calls Out Lawyer Referral Networks

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ENDING INCOME INEQUALITY?

by Guest Columnist Dr. Walter E. Williams

enefiting from a hint from an article titled “Is Harry Potter Making You Poorer?”, written by my colleague Dr. John Goodman, president of the Dallas-based National Center for Policy Analysis, I’ve come up with an explanation and a way to end income inequality in America, possibly around the world. Joanne Rowling was a welfare mother in Edinburgh, Scotland. All that has changed. As the writer of the “Harry Potter” novels, having a net worth of $1 billion, she is the world’s wealthiest author. More importantly, she’s one of those dastardly 1-percenters condemned by the Occupy Wall Streeters and other leftists. How did Rowling become so wealthy and unequal to the rest of us? The entire blame for this social injustice lies at the feet of the world’s children and their enabling parents. Rowling’s wealth is a direct result of more than 500 million “Harry Potter” book sales and movie receipts grossing more than $5 billion.

orn in Philadelphia, Pennsylvania, Dr. Walter E. Williams holds a B.A. in economics from California State University, Los Angeles, and M.A. and Ph.D. degrees in economics from UCLA. He also holds a Doctor of Humane Letters from Virginia Union University and Grove City College, Doctor of Laws from Washington and Jefferson College and Doctor Honoris Causa en Ciencias Sociales from Universidad Francisco Marroquin, in Guatemala, where he is also Professor Honorario. Dr. Williams has served on the faculty of George Mason University in Fairfax, Virginia, as John M. Olin Distinguished Professor of Economics, since 1980; from 1995 to 2001, he served as department chairman. He has also served on the faculties of Los Angeles City College, California State University Los Angeles, and Temple University in Philadelphia, and Grove City College, Grove City, Pa. Dr. Williams is the author of over 150 publications which have appeared in scholarly journals such as Economic Inquiry, American Economic Review, Georgia Law Review, Journal of Labor Economics, Social Science Quarterly, and Cornell Journal of Law and Public Policy and popular publications such as Newsweek, Ideas on Liberty, National Review, Reader’s Digest, Cato Journal, and Policy Review. He has authored six books: America: A Minority Viewpoint, The State Against Blacks, which was later made into the PBS documentary “Good Intentions,” All It Takes Is Guts, South Africa’s War Against Capitalism, which was later revised for South African publication, Do the Right Thing: The People’s Economist Speaks, and More Liberty Means Less Government.

concentration that economist and Nobel laureate Paul Krugman says “is incompatible with real democracy.” In other words, Rowling is not responsible for income inequality; it’s the people who purchase her works.

In other words, the millions of We just can’t blame the children for “99-percenters” who individually the unfairness of income inequality. plunk down $8 or $9 to attend a Look at “Harry Potter” how WalDr. Williams explains movie, $15 to Mart Stores income disparity so that buy a “Harry generated Potter” novel even a Wall Street Occupier wealth for or $30 to buy can understand... the Walton a “Harry Potter” family of Blu-ray Disc are Christy ($25 billion), Jim ($21 billion), directly responsible for contributing Alice ($21 billion) and Robson ($21 to income inequality and wealth www.underwritersinsider.com

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billion). The Walton family’s wealth is not a result of ill-gotten gains, but the result of Wal-Mart’s revenue, $422 billion in 2010. The blame for this unjust concentration of wealth rests with those hundreds of millions of shoppers worldwide who voluntarily enter Wal-Mart premises and leave dollars, pounds and pesos. Basketball great LeBron James plays forward for the Miami Heat and earns $43 million for doing so. That puts him with those 1-percenters denounced by Wall Street occupiers. But who made LeBron a 1-percenter? See Income Inequality? Page 13 7

CONTENTS 2012 • Issue 1

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UNDERSTANDING THE NEW ULTRABOOK COMPUTER

by Kim Komando

s if buying a laptop wasn’t confusing enough, new product categories seem to pop up regularly. The latest wrinkle in the laptop lineup is the Ultrabook. So what is so ultra about this type of laptop?

When size matters, the Ultrabook is the answer. Intel launched the Ultrabook platform in May with some specific guidelines for manufacturers. Ultrabooks require an Intel Sandy Bridge processor, a thickness of 20mm or less and a starting cost of $1,000 or less. The point is to create a line of fast, thin, reasonably p r i c e d laptops.

Why does that sound familiar? If you said it sounds like the MacBook Air, give yourself a treat. Ultrabooks are the PC world’s answer to Apple’s popular, svelte laptop. At this moment, there are only three Ultrabook lines on the market. These are the ASUS Zenbook, the Acer S3 and the Samsung Series 9. LG has its X-Note series, although the Ultrabook model isn’t available in the U.S. yet. It will be soon, and a very large crop of Ultrabook unveilings is expected at the Consumer Electronics Show in Las Vegas Jan. 10 to 13. Of

course, the Series 9 and X-Note don’t quite fit the Intel definitions of Ultrabook, since neither has a model under $1,000. However, they are the correct size and close enough to warrant a

comparison. Each of these lines has multiple combinations of processor, RAM and storage space. The prices range from $900 to $1,600, depending on the configuration. Acer says prices will drop to $800 next year and to $500 by 2013. That sounds nice, but it doesn’t do you much good if you’re buying now. Be aware that Ultrabooks won’t be quite as fast as the price tags suggest. Much of your money goes toward the reduced thickness and other aesthetics. The actual computer hardware is mid-range, although Ultrabooks do have some nice tricks, such as instant resume. If cost is important, you’ll be ahead by spending less money on a bulkier laptop that runs just as fast. It will cost much less. The less expensive laptop will also have options like an optical drive, which Ultrabooks don’t have. Do you have a need for speed? If so, spend your $1,000 on a highend laptop that will give you all the speed you want. Learn more about buying a PC laptop at http://www. k omando.com/buyguide/index. aspx?id=5842. If size is your top consideration and you want an Ultrabook before the prices come down, the ASUS Zenbook is my recommendation. It has the highest-resolution screen and fastest hardware options. Unlike the Acer, for example, it uses an SSD hard drive, which

See Kim Komando Pg 35 www.underwritersinsider.com

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INSURED AND INSURER MAY SELECT WHO ARE INSURED Who Is The Insured?

FACTS

nsurance is a contract between an insurer and the person who sought to be insured. It is a contract of personal indemnity. “An insurance company is entitled to determine for itself what risks it will accept … It has the unquestioned right to select those whom it will insure and to rely upon him who would be insured for such information as it desires as a basis for its determination to the end that a wise discrimination may be exercised in selecting its risks [citations].” [Imperial Casualty & Indemnity Company v. Levon Sogomonian, 198 Cal. App. 3d 169 (1988)].

On October 5, 2008, Jennifer Helgeson renewed her personal automobile insurance coverage through Viking for the period of

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When a person insured acquires insurance he or she enters into an agreement with the insurer and makes certain choices including who is to be insured by the policy. In Jennifer Helgeson and Andrew Helgeson v. Viking Insurance Company of Wisconsin A Foreign Corporation, D/B/A, No. 41371-0-II (Wash.App.Div.2 10/11/2011) the Washington Court of Appeal decided whether an insurer and insured have the right to limit who the policy will insure under an uninsured and underinsured motorist (UM/UIM) policy. 10

Barry Zalma, Esq., CFE is a California attorney specializing in insurance coverage, insurance claims handling and fraud who serves as a consultant and expert for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published an e-book, “Insurance Fraud,” which is available at his Web site, www.zalma.com. Go to Zalma Books at http://www.zalma.com/zalmabooks.htm.

October 5, 2008, to April 5, 2009. Jennifer’s policy provided definitions for terms used throughout the policy. CP at 36. It stated: “You” and “your” mean the person shown as the named insured on the Declarations Page and that person’s spouse if residing in the same household. You and your also

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means any relative of that person if they reside in the same household, providing they or their spouse do not own a car. “Relative” was defined as “a person living in your household related to you by blood, marriage, or adoption, including a ward or foster child.” The broad form “named” driver endorsement in Jennifer’s automobile policy replaced the policy’s general definition of “you” and “your,” stating, “‘You’ and ‘your’ mean the person shown as the named insured on the Declarations Page.” Jennifer was the only named insured on the declarations page. The endorsement also amended the policy’s liability coverage to state: We will pay damages for which you are legally liable because of bodily injury and/or property damage caused by a car accident arising out of your use of your insured car. We will settle any claims or defend any lawsuit which is payable under the policy, as we deem appropriate. The endorsement further stated that the policy provided the named insured medical payment coverage while “occupying your insured car,” “as a pedestrian when struck by a motor vehicle or utility trailer,” or “any other person while occupying your insured car while the car is being used by See Zalma Pg 33 The Underwriter’s Insider

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MICROSOFT CO-FOUNDER PAUL ALLEN TEAMS WITH BURT RATAN TO BUILD REVOLUTIONARY NEW LAUNCH SYSTEM

aul Allen, Microsoft CoFounder announced in December that he was teaming up with renowned aerospace engineer Burt Rutan (SpaceShipOne) to develope a space launch system that can be used for manned or unmanned payloads. The new company, called Stratolaunch Systems, will utilize a yet-to-be-built carrier aircraft to hoist the launch vehicle to an altitude of 30,000 feet before it is released to fire its rockets and race to orbit. The system is planned to be operational by the end of the decade. The carrier aircraft planned will

be the largest aircraft ever flown powered by six 747 engines with a wingspan of 380 feet - 80 feet greater than a football field - and weighing in at over 1.2 million pounds. (Click on the graphic above to watch a YouTube video animation of the proposed launch system.) Clearly enthused with the new project, Allen said, “I have long dreamed about taking the next big step in private space flight after the success of SpaceShipOne - to offer a flexible, orbital space delivery system. We are at the dawn of radical change in the space launch industry. Stratolaunch Systems is pioneering an innovative solution that will revolutionize space travel.”

is only a fraction of what is required to launch the same vehicle from a dead stop at sea level. The difference will amount to an enormous savings in launch costs. Second, rocket nozzles that can take a space ship from sea level pressures to low-pressure upper atmospheres must be build with compromises in order to function. Nozzles that do not need to contend with with sea-level high-pressures can be made much more efficient

Using a mothership to pre-launch a space vehicle offers significant advantages.

The mobile launcher also offers the flexibility to launch in mulitple locations - having a range of 1,300 miles from its take-off point. While the giant aircraft will have to be based somewhere such as Cape Canaveral, it can move the actual launch point a great distance if necessary to avoid inclement weather.

First, the fuel and rocket power necessary to launch a vehicle already traveling at 500mph at 30,000 feet

The mothership will also be available for heavy lift cargo operations with ranges as great as 9,200 miles.

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Continued From Page 7

INCOME INEQUALITY It’s those children again, enabled by their fathers or some other significant male. Instead of children doing their homework and their fathers helping their wives with housework, they get into their cars, drive to a downtown arena and voluntarily plunk down $100 for tickets. The millions of people who watch LeBron play are the direct cause of LeBron’s earning $43 million and are thereby responsible for “undermining the foundations of our democracy.” Krugman laments in his Nov. 3 New York Times column “Oligarchy, American Style,” “We have a society in which money is increasingly concentrated in the hands of a few people, and in which that concentration of income and wealth threatens to make us a democracy in name only.” I’d ask Krugman this question: Who’s putting all the money in the hands of the few, and what do you think ought to be done to stop millions, perhaps billions, of people from using their money in ways that lead to high income and wealth concentration? In other words, I’d like Krugman to tell us what should be done to stop the millions of children who make Joanne Rowling rich, the millions who fork over their money to the benefit of LeBron James, and the hundreds of millions of people who shop at Wal-Mart.

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I’d like to end this discussion with a bit of a personal note. The readers of this column know that I never make charges of racism. Rowling is an author, and so am I. In my opinion, my recently published book “Race and Economics: How Much Can Be Blamed on Discrimination?” is far more important to society than any “Harry Potter” novel. I’d like to know what it is about me that explains why millions upon millions have not purchased my book and made me a billionaire author. Maybe Krugman and the Wall Street occupiers have the answer. Dr. Williams is a nationally syndicated columnist, former chairman of the economics department at George Mason University, and author of More Liberty Means Less Government

NORTH CAROLINA RULES ON DWELLING PROPERTY INSURANCE RATES Goodwin decreases fire rates, rejects increase in extended coverage rates.

ALEIGH -Insurance Commissioner Wayne Goodwin has issued an

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DO YOU KNOW A KEY PERSON IN THE CIGAR MFG. BUSINESS? National brokerage seeks individual with connections in cigar manufacturing and distribution. Exclusive business opportunity! Call John or Matt 1-800-359-5102 order pertaining to dwelling fire and extended coverage insurance rates. Goodwin has ordered an overall rate decrease of 7.3 percent for dwelling property fire rates and denied a request from the North Carolina Rate Bureau to raise dwelling extended coverage rates by 36.1 percent. The North Carolina Rate Bureau -- an independent organization that represents all North Carolina property insurance companies -- filed for the rate changes in January 2011. The order comes after a hearing that began July 25 and ended Oct. 25, 2011. Goodwin served as the hearing officer and considered testimony and

See NC Fire Rates Page 35 13

MUHAMMAD HATES DIVERSITY

his week, in Oakland, Calif., America saw yet another stellar example of the glories of diversity. At a taping of a rap music video in that fair city, eight people, including a one-year-old child, were shot. When a classical music video goes wrong, somebody busts a string. When a rap music video goes wrong, somebody busts a cap. Such observations, however, are now taboo. We’re not supposed to suggest that the rap culture is any different from the classical music culture or that one is better than another. As white guy John Kerry put it, “I think there’s a lot of poetry in it. There’s a lot of anger, a lot of social energy in it. And I think you’d better listen to it pretty carefully, ‘cause it’s important ... it’s a reflection of the street and it’s a reflection of life.” You see, we recognize the value of diversity. And what’s more, we think everyone else does, too. Hence the left’s certainty that the election of President Barack Obama would win over the Muslim world -- his very ascendance would show the rest of the world that we find their cultures charming, praiseworthy and delightfully fascinating. “It’s November 2008,” wrote formerlysane Andrew Sullivan of The Atlantic. “A young Pakistani Muslim is watching television and sees this man -- Barack Hussein Obama -- is the new face of America. In one simple image, America’s soft power has been ratcheted up not a notch, but a logarithm.”

By Guest Columnist Ben Shapiro There’s only one civilization into problem: The cultural variety Muslim world isn’t hour, Islam hung up on skin tries to turn color the way we Muslim lands are. Which isn’t into a cultural to say they’re not monolith. The racist -- they’re same West busily snatching that justifies up black children the rap culture for use as slaves thinks that or murdering every Muslim them in Sudan, terrorist even as the BBC bombing is blithely claims, an expression in the name of of economic Benjamin Shapiro was born in 1984. diversity, that angst or social He entered UCLA at the age of 16 and “While Islamic law alienation. graduated summa cum laude and Phi Beta Kappa in June 2004 with a BA in does allow slavery M u s l i m s Political Science. He graduated Harvard under certain recognize Law School cum laude in June 2007. He conditions, that terrorist was hired by Creators Syndicate at age it’s almost bombings are 17 to become the youngest nationally syndicated columnist in the U.S. His inconceivable expressions of columns are printed in major newspapers that those a completely and websites including Townhall.com, conditions could different ABCNews.com, WorldNetDaily.com, Human Events, FrontPageMag.com, ever occur in worldview. FamilySecurityMatters.com, the Riverside today’s world, Press-Enterprise and the Conservative and so slavery is In other words, Chronicle. His columns have also effectively illegal Muslims aren’t appeared in the Christian Science Monitor, Chicago Sun-Times, Orlando in modern Islam.” stupid. They Sentinel, Honolulu Star-Advertiser, In point of fact, won’t be RealClearPolitics.com, Arizona Republic, Muslim countries wooed by a and others. in Africa and the West headed Middle East lead by a man rich the world in human trafficking. in melanin any more than a West headed by a Caucasian dude who The Muslim world just doesn’t believe enjoys the artistic stylings of Bjork that skin color is all that important. would. When President Obama offers Obama may be half-black, but he’s Iran an open hand, they slap it away, still all-Western, according to them. even though his hand is a different It doesn’t matter whether you’re color than President Bush’s was. black, white or green -- if you’re not a devotee of Muhammad, you don’t matter. While the West tries to turn its See Muhammad Hate Diversity Pg 27

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GEORGIA AND FLORIDA AGREE ON CATASTROPHE COOPERATION PLAN

tlanta – Georgia Insurance Commissioner Ralph Hudgens and Florida Insurance Commissioner Kevin McCarty have jointly announced they renewed a partnership agreement between their respective states. The agreement will ensure continuity of operations of mission-critical functions in the event of a catastrophe that causes significant disruption to either state’s operations. Under the agreement, members of an affected state will use temporary workspace designated by the other’s www.underwritersinsider.com

state, in Atlanta and Tallahassee respectively, until the infrastructure of the affected state has been restored. The memorandum of understanding specifies the terms and conditions of the host state's support requirements as well as the responsibilities of the affected state. "I appreciate the opportunity to work with Commissioner Hudgens to craft an agreement that is mutually beneficial to both of our states," said Commissioner McCarty. "It is essential that we are proactive in our planning to allow each office to provide critical services and information to emergency response teams and the public directly

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following a major catastrophe. This agreement increases our capacity to perform these important functions." "The Georgia Department of Insurance appreciates this opportunity to work together with our Florida colleagues to improve both states' ability to provide essential regulatory services and protections to our citizens in the event of a man-made or natural disaster," said Commissioner Hudgens. "We hope and pray, of course, hat such a disaster never occurs. If it does, however, this agreement increases the level of

See FL/GA Cooperation Page 35 15

FLORIDA RECOVERS MORE THAN $17 MILLION FOR CONSUMERS

• A Miami-Dade County homeowner filed a property claim with his insurance carrier. Despite providing all of the documentation requested by the insurer, months passed and his claim remained unpaid. After contacting the Division of Consumer Services for help on his claim, division staff helped the homeowner promptly receive his payment of more than $289,000.

ALLAHASSEE—Florida Chief Financial Officer Jeff Atwater announced today that the Department of Financial Services has taken part in the recovery of more than $17 million so far in 2011. Recoveries include claim payments, premium refunds and restitution for Florida consumers.

• A senior couple from The Villages purchased an annuity from an insurance agent who allegedly misrepresented himself and the terms and conditions of the annuity. After being charged a series of fees when the couple attempted to make a withdrawal, they contacted the Division of Agent and Agency Services. The division

investigated and subsequently took action against the agent and his license. In addition, the insurance company refunded the couple’s initial investment, plus interest, which totaled $167,000. • A Clay County resident experienced substantial damage to his motor home, which was his primary residence. His claim with his insurance company was delayed, leaving him temporarily homeless. He contacted the Division of Consumer Services, and they requested the company immediately review the policyholder’s claim discrepancy. Following the review, the claim was quickly resolved and the homeowner promptly received his payment of more than $124,000.

The Department of Financial Services’ Division of Consumer Services is available to answer questions and assist consumers in all lines of insurance—including homeowners, health, auto, life and warranties—and received nearly 100,000 calls during the period of July through September and recovered $4.7 million for consumers. The Division of Agent and Agency Services licenses insurance professionals and investigates alleged violations of the Florida Insurance Code— handling an average of 600 cases per month. “In these challenging economic times, it is more important than ever that we help Floridians keep and protect their hardearned dollars,” said CFO Atwater. “Our helpline specialists offer detailed answers to consumers' questions, provide valuable information regarding important financial decisions and assist in recovering money and property for Florida consumers.” The following are examples of how consumers were helped by department staff: 16

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MCCARTY WELCOMES NEW INSURER AND NEW JOBS TO FLORIDA

ALLAHASSEE, Fla. Florida Insurance Commissioner Kevin McCarty today announced the approval of the first international insurance company to take advantage of recently signed legislation. The approval of Best Doctors Insurance Limited to operate as an offshore insurer will add highpaying jobs to Florida.

jobs to South Florida over the next few years. I am pleased to welcome Best Doctors to Florida and encourage other companies to take advantage of the opportunities created by the passage of this recent legislation." HB 1087 allows international insurers to insure foreign nationals while operating in Florida. Since these insurers will not be insuring Florida residents, they will remain under the regulatory authority of their country of domicile, and not have to file a certificate of authority

application with the Office. Founded in 1989 by Harvard Medical School professors, Best Doctors, Inc. created the subsidiary, Best Doctors Insurance Limited, which is a Bermudadomiciled insurance company. The global company, headquartered in Boston, serves more than 30 million members in every major region of the world. Best Doctors Insurance Limited plans to operate in Miami, Florida and offer insurance to residents from countries in Central and South America.

"Our whole team is grateful to Insurance Commissioner McCarty, Governor Scott, FLOIR staff and Florida lawmakers for making it possible to grow our business in Florida," noted Evan Falchuk, President of Best Doctors. "We're already off to a fast start with our Miami office, have hired a big handful of Floridians to staff it, and expect it to be a major driver in our ability to reach the Latin American insurance market." "This announcement sends a signal to international insurance carriers that Florida is open for business," said McCarty. "The passage of HB 1087 will help create an even more attractive business climate in Florida, thereby encouraging job creation and economic growth in our state that could add hundreds of www.underwritersinsider.com

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4/7 Wall St. has listed nine of the more interesting insurance policies taken out by or on behalf of celebrities. Some of the more notable entries as reported by Daily Finance: •Singer Mariah Carey's $1 billion insurance policy covering her famous legs; •International soccer star David Beckham's $195 million policy covering his entire body; •Football great Troy Polamalu's $1 million policy on his trademark hair; •Musician Bruce Springsteen's $5.5 million policy covering his vocal chords; and •Baseball slugger Mark McGwire's $120 million policy on his fragile left ankle.[2] Some honorable (but not entirely confirmed) mentions: •Dutch winemaker Ilja Gort's $7.8 million policy on his nose; •Actress and singer Jennifer Lopez's $1 million policy on her famed rear-end; and •Artist Andy Warhol's $1 million policy on his eyes.

he last F-22 Raptor fighter aircraft rolled off the Lockheed assembly line in mid-December. By far the most technologically advanced fighter ever designed or built, the F-22 fell victim to its $153 million price-tag and Obama administration budget cuts. 187 of the incredible war birds have been built and will be in service by January of 2012. Unlike the F-35 (at about 2/3rds the price) the F-22 will not be offered for export to foreign countries - even our allies - for fear of losing the cutting-edge technology contained therein to an enemy nation. There is currently no aircraft fielded by any nation that is considered a match for the F-22 in combat - and it is expected to remain America’s premier front-line fighter for decades. Production of the aircraft in Lockheed’s suburban Atlanta assembly plant has supported more than 900 jobs.

ccording to a recent AIA press release, AIA believes that government rate and form regulation – which are unique to property-casualty insurance among competitive U.S. industries – undermine effectiveness of the state-based regulation. In some instances cited by AIA, heavy-handed government price controls, coupled with policies that steer consumers to government-run insurers, actually discourage private markets and undercut financial solvency, leaving consumers with fewer options and more exposure. AIA recommends that the FIO study the effects of the U.S. rate and policy form regulation of property-casualty insurers and the extent to which such regulation undermines competition in private markets, decreases consumer choice and detracts from the goals of financial solvency oversight. AIA also asserts that, because the U.S. system is state-based, it is naturally inefficient and prone to disparate, inconsistent regulation from state to state. These inefficiencies add costs and reduce options for consumers. AIA recommends that

wenty-five Muslim drivers, fired by Hertz over the issue of work stopage for prayer breaks, have sued the company alleging religious bias and retaliation. The worker’s had been required to sign a statement agreeing to clock-out during prayer breaks. Those that refused to sign were terminated - yet were offered re-instatement if they would simply agree to clock-out - but they again refused, apparently feeling that Hertz should be funding their prayer time. You just gotta love this multiculturalism.

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he FIO undertake a nonregulatory role to coordinate state supervision, establish more uniform regulatory standards, help assure uniform and rigorous cost/ benefit analysis consistent with international norms, and foster consistent application standards.

itch Ratings: The P&C insurers’ capital position remains strong and that most P&C insurers have capital sufficient to manage through future difficult times rating the industry “Stable.”

nsurance Journal reported global risk management insurance brokerage firm Locton has completed an audit of all of “K. Kringle Manufacturing Inc’s” (That’s Santa Claus, folks...) exposures. The bad news for Santa: He’ll need about $1.2 million to pay for $1.175 billion in coverage to cover his exposure as a global toy manufacturing firm with aviation, ocean marine, animal, employee and theft risks to manage.

he United States Supreme Court has set time on it’s calendar to hear oral arguments on the health care reform law. (Obamacare). In this end-of-March session, the court will consider the individual mandate section of the bill as to its constitutionality - and further - if the law can stand at all should the individual mandate be struck down. It is expected that a ruling will be handed down by the end of the court’s term in June 2012.

lice LaDuke, an 83-year-old resident of Lansing, MI, has been picketing the offices of Auto Owners Insurance over the renewal premium on her homeowners insurance. The premium went www.underwritersinsider.com

from $585 to $4082 after the elderly woman suffered two losses in the last policy period. Although the losses were small (a $585 basement drain issue and a $2,864 kitchen smoke loss), the company sent her a letter explaining their reasoning: “Both of these losses were not fortuitous, and were a result of your actions. Unfortunately your past losses are predictive of the likelihood of future similartype losses. Consequently, our underwriter priced your policy with an appropriate surcharge.”

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orth Carolina Ins Commissioner Wayne Goodwin today announced the arrest of Peirson Freeman Lane, 44. He is charged with four counts each of embezzlement by an insurance agent, embezzlement, and obtaining property by false pretense. Department of Insurance criminal investigators allege that between May 2008 and October 2011, Lane deposited approximately $35,000 of company money into his personal account while employed as an agent with John Hackney Insurance Agency in Swansboro. 19

Marketplace Recently Announced P&C Markets

Aviation

viation Products & Liability Insurance from Arlington/Roe & Company - MGA - representing mulitple markets. Contact: 800.878.9891 X 2401. Cfrench@ arlingtonroe.com [11-6]

Campground Programs

&K Insurance announces coverage for private and franchised campgrounds including ancillary activities such as water slides, amusement devices and motorized boating. Day camp coverage also available. Contact K&K Insurance at 877-355-0315. [11-7]

Chemical Mfg & Distribution Risks

uel additives, Industrial gases, paints, varnishes, lacquers, enamels, solvents, adhesives, sealants and a multitude of other chemical manufacturing and distribution risks. Min Prem $20,000 and other underwriting criteria. See Sloan Mason: Contact Grant Kanamori @ 619-814-2488 or grant@sloanmason.com. [11-7]

Condo Assoc Program

rident is offering tailored coverage designed for condominium town home and single-family community associations claiming competitive rates and terms. Coverages available include property, including flood, earthquake and coastal windstorm, general liability, D&O, umbrella, worker’s comp, auto, crime and property mgrs E&O. Trident Community Association Program - 5100 N. O’Connor Blvd, #200, Irving, Texas 75039 or email

to csmktgprograms@argogroupus. com 877-590-0775 [11-6]

Contractors

eavy construction risks including steel erection contractors, concrete contractors, roofing contractors, bridge, street & road contractors, etc. Norman Spencer - Contact Brian Harrold p: 937.432.1469 brianharrold@ norman-spencer.com [11-7]

Convenience Store

rgo Insurance announces expanded program and competitive rates for convenience store accounts. Company is looking for stores open until 11PM, fuel sales up to 90%, alcohol sales up to 30% with no fuel hauling exposure. Not available in Florida at this time. Email csmktgprograms@ argogroupus.com 877-590-0775 [11-6]

Design & Construction Industry

rchitects, engineers & surveyors, construction managers, contractors, environmental consultants, landscape architects, specialty construction consultants. Contact Jeff Grigsby - 877.453.2071 JeffG@schinnerer.com [11-6]

Energy & Utility Risks

il & Gas Companies, pipeline operations, utilities, HVAC contractors and water & sewer contractors. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby 877-453-2071 or jeffg@schinnerer. com [12-1]

ropane Dealers - PowerWrap is an endorsed insurance program offering specialized, full spectrum coverage. Contact Alteris: 877-590-0775 [12-1]

Entertainment & Sports

&K Insurance claims “over 75 programs available on admitted paper with no prior approval or appointment needed to submit applications for quotation. “ The MGA can be reached at 800-637-4757 or www. kandkinsurance.com. [11-6]

adler Sports & Recreation Insurance specializes in ultrafast time to quote, bind and issue. www.sadlersports.com. Sadler & Company, Inc. P.O. Box 5866 Columbia, SC 29250-5866 - Phone: (800)622-7370 [11-6]

Hair & Beauty Insurance Program

ASS - Salon & Spa Specialty Insurance administered by Brownyard Group - open to agents seeking access to program. 888-823-9380 or Email: sassi@ brownyard.com [11-7]

Kidnap & Ransom

cademic institutions, energy companies, engineering firms, hospitals and healthcare, houses of worship, manufacturing firms, etc. Contact Victor O. Schinner & Co., Inc. Jeff Grigsby - 877-453-2071 or jeffg@schinnerer.com [12-1]

Landscaper Risks

rogram Brokerage Corporation (PBC) is a full-service brokerage The Underwriter’s Insider

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that specializes in programs for the green industry including lawn care operators, commercial and residential construction, tree trimming /pruning and other landscape exposures. Jonah Aaron Lipin | Phone: 212-338-2983 jlipin@ programbrokerage.com [11-7]

Marine Risks Worker’s Comp & Longshore & Harbor Workers’ Comp

eaBright Insurance Company offers high quality workers’ compensation coverage for your clients who are small maritime employers and other marinerelated businesses. SeaBright provides seamless cov All Risks, LTD 410-828-5810 rlang@allrisks. com or Appalachian Underwriters, Inc. – Oak Ridge, TN 865-425-1051 warren.palmer@appund.com or Peachtree Special Risk Brokers – Metairie, LA 504-830-7347 jlasseigne@psrllc.co [11-7]

Martial Arts

&K Insurance announces expanded coverage & lower minimum premiums on martial arts coverage. General Aggregate Limit increased to $5M - Participants Med Pay to $150K. The MGA can be reached at 800-637-4757 or www. kandkinsurance.com. [11-6]

Ocean & Inland Marine

prdwode Facilties, Inc. Contractors doing: piers, docks, wharfs, bridges, breakwaters, cranes, dredging, etc. 6455 East Johns Crossing, Suite 115 Johns Creek, GA 30097 (678) 736-6720 • Facsimile: (678) 7366726 - Carter, Kimberly - 678 7366720, Ext. 1000 - kcarter@wwfi. com [11-7]

Professional Liability

echnology & Cyber, Architects & Engineers, RE Agents, Insurance Agents E&O, Misc. Pro Liability - and more: Contact

Have a P&C Product Announcement? Send your press release or one-paragraph announcement to ron@insurmedia.com Atlantic Specialty Lines lorie@ atlanticspecial.com 877-545-9100 [12-1]

Real Estate E&O

overage for open houses, mold, network risks and privacy claims are now part of Victor O. Schinnerer & Company’s Real Estate E&O policy. Schinnerer includes the three new coverages at no additional premium. Call to ck on your state: Starr Crusenberry Starr.N.Crusenberry@Schinnerer. com - 301-951-6904 [11-6]

Restaurant

rgo Insurance announces lower rates filed on restaurant coverage including food spoilage coverage. Full commission and no agency appointment necessary. Company is looking for family style, family grills, casual style, fine dining and limited cooking restaurants such as pizza and sub shops. Email csmktgprograms@ argogroupus.com 877-590-0775 [11-6]

orman Spencer’s Real Estate Program - “one of the most comprehensive policies in the market with highly competitive pricing” Coverage is available to risks whose services include Residential and Commercial Sales, Leasing, Property Management, Real Estate Consulting, Auctioneering, Mortgage Brokering, BPO’s and Appraisal, and Escrow Services - Michael Ryder michaelryder@normanspencer.com800.477.9192 x204 [11-7]

Social Services

rwin Siegel Agency claims to be a partner who can provide Insurance Solutions for the Social Services field. Contact: 800-6228272 siegel@siegelagency.com. [11-6]

Security Guard and Investigative

echanic Group announces coverage for security guards, private investigators, alarm contractors, electronic security and private security consultants. The Mechanic Group - One Blue Hill Plaza, Suite 530, Pearl River, NY 10965 - (800)2140207 - or www.mechanicgroup. com [11-7]

Welding Supply & Industrial Gas Distributors

he WDPG Program is dedicated to this class of business and has been a leading choice of agents and welding supply distributors since 1987. Quick Turn around Quotes: Jeannie Coda: kentidwell@ wdpginsurance.com [11-6]

Privacy/Data Breach Coverage

irst party expense and third party liability coverage available for many E-Threats and E-Exposures. Contact RPS, Inc. at 800-336-5659 or techcyber@ rpsins.com. 11-7]

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AIA STATEMENT ON NTSB’S RECOMMENDATION TO BAN USE OF PERSONAL ELECTRONIC DEVICES WHILE DRIVING

ASHINGTON, D.C., – Leigh Ann Pusey, president and CEO of the American Insurance Association (AIA) issued a statement today in response to the National Transportation Safety Board’s (NTSB) recommendation for a nationwide ban on the nonemergency use of personal electronic devices (PEDs), including cell phones and text messaging devices, while driving. The NTSB’s safety recommendation calls for all 50 states and the District of Columbia to pass legislation which will effectively ban the non-emergency use of PEDs by motorists while driving. Ms. Pusey’s statement follows: “The American Insurance Association (AIA) supports the NTSB’s recommendation to ban non-emergency use of personal electronic devices while driving. When you consider that driving is the most dangerous daily activity for the typical American, few issues are more important than our actions behind the wheel. “Distracted driving, which is blamed for more than 3,000 deaths last year alone, and specifically texting while driving, has become a major epidemic in our country. Recent studies have equated driving while texting to driving while severely impaired by alcohol, or worse.

“While we have made great strides in highway safety, more must be done. This crisis is the newest challenge to the safety of everyone sharing our roads and highways. The insurance industry has a longstanding commitment to auto and driver safety and AIA looks forward to supporting this initiative.” **** Editor’s Note: On December 13, 2011, a 19-year-old pickup driver operating in Grey Summit, MO caused a horrific accident killing two, including himself, and injuring 37. In the few minutes just prior to the accident, the pick-up driver had sent six texts and received five. It was more than clear that his distraction related to the texting contributed to the accident. In the wake of this accident, the predictable, loud, emotional call to “do something” could be heard ringing from the rooftops. “We must pass a new law - or dozens of them - and we must make them stronger with more severe penalties! Within days of the accident, the National Traffic Safety Board reacted strongly, with chairman Deborah Hersman calling it a “big red flag for all drivers,” while

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calling a meeting to determine the cause of the accident and make safety recommendations. The Board made a blanket recommendation that all states immediately ban the use of all “electronic devices” while driving. This would include cell phones, GPS navigation devices, even radios on the face of it. While strongly pushing this kneejerk response to the tragedy, which ultimately would cost taxpayer’s millions in new legislation and burden law enforcement with new mandates, they neglected to mention that Missouri already had a law banning texting and driving. They also neglected to mention that both the school buses involved in the accident - and one that had been sent to the scene to pick up the students after the accident all had serious brake issues. No call was made to pass new laws regarding school bus brakes. While everyone wishes to increase driver safety, we must balance our natural tendency to over-react after a tragedy with our desire to maintain personal freedoms, liberties and responsibilities. The terrible accident could just as easily have been caused by a mother tending to a crying baby, a spilled cup of coffee, a fatigued driver sleeping at the wheel or a hornet flying into the vehicle. Shall we attempt to legislate against all these eventualities? Additional laws, especially those that are almost impossible to enforce, offer little more than false assurance while contributing little to highway safety. The Underwriter’s Insider

FLORIDA ANNOUNCES CONVICTION OF N.C. MAN IN $2.7 MILLION COMP SCAM

ALLAHASSEE—Florida Chief Financial Officer Jeff Atwater announced today the conviction of a North Carolina man in a $2.7 million workers’ compensation insurance scam. Carl Delmas Fuller, 53, of Wake Forest, N.C., pleaded guilty to one count of mail fraud, received four years in prison, and was ordered to pay restitution of more than $3.1 million for scamming a Highlands County employment services company with a fake workers’ compensation insurance policy. “Fraud scams like this destroy the stability of our economy and inhibit the growth of Florida businesses,” said CFO Atwater. “We will not sit by and let scam artists and thieves rob Florida businesses and taxpayers out of their hard-earned

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dollars. This conviction is another win in our ongoing battle against insurance fraud in Florida.”

policy had no agent by the name of David Walters, no affiliation with an entity by the name of Southeast Services, Inc., and had never received any type of An investigation by the Department of premium payments from or on behalf Financial Services’ Division of Insurance of NES. Bank records revealed that the Fraud discovered that National business address used by Southeast Employment Services (NES) believed that Services was a private mail box owned they had purchased the required workers’ exclusively by Carl Delmas Fuller. compensation coverage through North Carolina insurance agent David Walters Employees of the mail box business of Southeast Services Incorporated. and a North Carolina bank positively NES provided proof that they had paid identified Fuller as the sole owner of Southeast Services over $2.7 million in the Southeast Services mail box and workers’ compensation premiums for bank account. Analysis of this checking which Walters issued multiple certificates account determined that no premium of insurance. payments were made or forwarded to any insurance company and that Further investigation revealed that the hundreds of thousands of dollars were company named as the carrier of the paid directly to Fuller.

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INDEPENDENT AGENCIES PREFER REAL TIME OVER CARRIER PORTALS Recent Survey of Over 3,100 Independent Agents Confirms a Strategic Vision

he Real Time/Download Campaign was founded to champion the adoption of Real Time1 and Download for independent insurance agencies and companies. Real Time provides agencies with a consistent workflow through agency management systems or comparative raters when doing business with multiple carriers, rather than having to learn the workflow of each carrier portal and enter data multiple times into these portals.

Some 7,500 independent agents answered a survey on carrier communications in 2006, leading to the campaign's launch that fall. They said their primary challenge was dealing with "different proprietary company interfaces." That challenge was followed closely by "duplicate entry," "multiple IDs and passwords," and "training agency staff" on different carrier workflows. Real Time workflows were designed to ameliorate the challenges created by carrier portals. Today, carrier portals continue to play a role in enhancing some Real Time transactions and in providing additional information to agencies that is not otherwise available. But portals should not

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be seen by carriers as a substitute for implementing Real Time transactions for the many agencies which prefer to work through their agency management systems and comparative raters.

Vision Confirmed Over the past five years, the adoption of Real Time has continued to expand and deliver outstanding benefits to agencies. This confirms our vision that Real Time offers these firms a more efficient and responsive workflow than navigating through various carrier portals. Consider what 3,110 agencies and brokerages told us in See Agents Prefer Real Time Page 39 The Underwriterâ&#x20AC;&#x2122;s Insider

The INSIDER’S

“The Final Authority on Everything!”

Hair Apparent

work in a fairly large MGA in Georgia as a commercial property underwriter. One of the owners is a man of about 65 years old who wears a very bad hairpiece. He’s really a great guy, but he looks ridiculous. First, the fake hair looks like it belongs to a 20 year old — from the 50’s. It’s a dark, dark brown without a trace of gray complete with a big Elvis wave in the front. Half the time it’s sliding to one side or another. The entire staff laughs about it behind his back. We all wonder why his wife doesn’t do anything about it. Anyway, I’m writing for the whole office - how can we tell him gently to lose the rug? And thanks for The Insider. It’s about the only insurance magazine we read. — B.C. Chattanooga, TN

ADVISOR

style that would be found on a 65 year old fortunate enough to have retained his hair. Too many men, in their fifties, sixties or seventies are looking for the same head of hair they sported when they were 20. Keep it short and include some natural grey. The best example of a decent hairpiece we’ve seen is on actor Burt Reynolds. His hairpieces are always age and color appropriate and I remember being shocked when I first learned, years ago, that he was bald. Like breast enhancements, hairpieces have no value unless at least the possibility exists that they are real. When you can spot ‘em two blocks away, well... As to your question, first, we bet his wife has been arguing against the hairpiece since he purchased it — and has just given up. Second, there is no gentle way to tell

Have a question for The Advisor?

Click HERE! him he looks the fool — unless you want to leave this copy of The Insider opened on his desk.

Brand or Be Gone

e are a growing company offering a highly competitive software product to the insurance industry. We are concerned about “getting the word out,” to our marketplace, which currently includes the SE USE, Texas and Arizona. We want to be able to hold our ad dollars accountable and See The Insider’s Advisor Page 38

To many men, the second worst thing on their bodies they could lose would be the hair on their head. Since before the time of Samson, a full head of hair meant strength, vitality, virility and youth. Add to this image problem a cosmetic realty: nothing makes a man look younger than a thick head of hair and nothing will age his look faster than a balding head. Confronted with this dilemma, many men fall victim to the lure and promise of hairpieces only to end up as the butt of endless jokes and ridicule. But there are ways to limit the obvious nature of most hairpieces. First, if a man is 65 years old, he should go for a color and www.underwritersinsider.com

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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.

All Lines Agent Wanted Dawsonville GA

Personal lines agent needed for growing Independent Agency on Hwy 400. We are looking for a friendly, personable individual to offer home, auto, small business. Life & Health also available. Over 30 markets. Looking for long term Agent with equity share potential for the right person. Very generous new and renewal commissions paid. Full time or part time. You earn what you sell. 50k potential 1st year. Hours and work location flexible. email resume to greatagent4u@gmail.com 8-5

Coral Springs, FL Experienced 2-20 Agents Experienced P & C Agents required for a Coral Springs office. Good commission and renewal offered. Contact: tamiller91@yahoo.com 9-1

CSR Wanted Memphis, TN area P&C CSR to produce quotes for progressive agency. Need commercial P&C experience.

Contact: jake1934@msn.com

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220 and Life Agents Wanted - Coral Springs Area Licensed 220 and life Agents wanted for P & C Agency Leads available. Daily commission paid to Life Agents. Email: tamiller91@yahoo.com 8-7 "Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. Its only inherent virtue is the equal sharing of misery." - Winston Churchill

- Independent Agency for Sale or Merger Location is in North Florida area. $150,000 Firm. Email For More Info:

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Boca Raton Base MGA seeking experience Commercial lines UW /rater should have company experience, must be able to multi task and deal with Ins Agents and companies as part of your daily duties must have good computer skills and be a team player. Send resume to: ccalver@niuw.com 8-5

portmgr@comcast.net

CSR/Agent Medley/Doral Area

P & C PRODUCER WANTED - SARASOTA 2-20 Licensed Outside producer for Sarasota Agency. Have multiple markets. Send resume to northwick@mindspring.com

Doral/Medley Ins Agency seeks sales producer/CSR. Must have previous ins exp & knowledge of Auto & Home ins. Commercial exp a plus. A min of a 4-40 ins lic. Applicant must possess excellent communication skills in Eng & Span. Respond to this at:

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LAND OF THE RON PAUL FREEBIES DERAILED BY HOME CHARGES OF OF THE RACISM? ENSLAVED direct-mail solicitation for Where The “Politics of Gimmee” Have Brought Us...

Ron Paul’s political and investment newsletters two decades ago warned of a “coming race war in our big cities” ... [More] Continued From Page 14

Click on the screen above to view this video by www.GovernmentGoneWild.Org

FLORIDA FRAUDBUSTER URGES BAN ON LAWYER CRASH REFERRAL NETWORKS By: David Armstrong Bloomberg The chief financial officer for the state of Florida is calling for an end to heavily-advertised accident referral services blamed for driving up the cost of treating auto accident victims.... [More]

MUHAMMAD HATES DIVERSITY And the left is stumped. Obama’s entire foreign policy was predicated on the notion that by existing, he would bridge all gaps and bury all hatchets. Instead, the Muslim world burns his picture even as he tells them he respects their radicalism. It turns out that diversity is a oneway street for the devotees of global Islam.

To which the Muslim world says, “No. We really don’t.” But, like an obsessive, abused exgirlfriend, we keep coming back for more. We beg for the beating. We plead for it. We are Keira Knightley’s character in “A Dangerous Method” -- the beating excites us. For with every beating, we feel the open hand we seek. “At least they’re reaching out to us ... with bombs! If we could only understand this unique form of communication, we’d finally be able to come to some sort of agreement!” The Muslim world understands that it has us by the ideological throat. They will continue to preach the value of diversity from their outposts in the West, while wiping away any semblance of it across their own lands. And we will buy into it. This is how the West dies: not by being defeated in all-out civilizational battle, but by walking into the hail of bullets, arms outstretched.

What of the West? We have been enervated by our confident feeling that if we could all just respect each other’s cultures -- no matter how perverse -- we could beat missiles into plowshares. And if we could show the rest of the world just how much we respect other cultures by electing an emissary of foreign cultures, they would have to love us. We’ve turned into the world’s Sally Field: “You like us! You really like us!”

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“

We feel stung. We feel this has been a giant Ponzi scheme. The state has shirked its responsibility from the start. We got audited statements from the beginning that said we were solvent. I don’t understand how after eight years of oversight all of a sudden there’s this huge, billion-dollar deficit and the Workers’ Comp Board bears no culpability. It doesn’t make sense to me.” - Sally Bartolotta, wife of a business owner stung by the failure of a New York worker’s comp co-op where the state is now seeking $355,000 from the business to cover worker’s comp losses or threatening a stopwork order.

“

I wish during the years I was in public office I had this firsthand experience about the difficulties businesspeople face. ... We are choking off business opportunity.” - Former Democratic US Presidential candidate Sen. George McGovern, who upon leaving office attempted to open and operate a bed & breakfast lodge and was confronted and confounded by the very excesses of regulation he had helped create. If only a few more far-left politicians would have the same epiphany...

“

We didn’t know what the hell was going on’ when we passed Obama stimulus...” - According to The Daily Caller, California Democratic Congressman Mike Honda, a member of the Budget and Appropriations Committees, speaking to The Daily Caller. Don’t you remember what Nancy Pelosi told us Mike? “We had to pass it to find out what’s in it...”

“

I said, ‘You are a communist, Sean Penn.’ He said, ‘You are a pig!’ So I said, ‘And you are a communist [bleep]hole! Is it great to live the way you do as a communist? I went back to my mother, and he started yelling at us. I yelled back, ‘Communist [bleep] hole!’ Nearly 60 people were watching, shocked. My mother wanted to clap, but she 28

couldn’t because she was in a wheelchair and she had a small dog in her lap.” - Maria Conchita Alonso, raised in Venezuela and a former co-star of Penn, relating an angry exchange at LAX airport recently after she confronted Hugo Chavez-sympathizer Sean Penn about his clear Communist leanings, thereby providing an extraordinary feel-good moment for so many of us disgusted by Penn’s anti-American rants.

“

If the husband wants to use beatings to treat his wife, he must never ever do it in front of the children. It must remain between him and her. It must be done according to the following conditions: He must not cause bleeding or bruise her body. He should avoid her face and other sensitive parts of her body. As we’ve said, the limitations on beating are: They must not cause bleeding, they should not break any bones, they should not be on the face, and they should not bruise her. If the husband violates these rules, he violates the rules of Allah...” - Bahraini cleric Sheik Aal Mahmoud during a lecture aired on June 20, 2005 explaining the proper, Islamic, way to beat your wife. You just gotta love that multi-culturalism; the diversity...

“

They did steal an election. This is just the tip of the iceberg. This case in Troy [NY] shows that the political insiders had this scheme down pat. Two years ago the public didn’t believe me, but they know it now.” - Bob Mirch, the feisty former Republican Majority Leader of the Rensselaer County, New York legislature, who first discovered a massive Democratic voter fraud that resulted in the arrest of four Democratic officials and political operatives - who have now plead guilty to felony charges. According to Mirch, for his efforts in exposing the fraud he was voted out of office after serving 16 years and was replaced by a Democrat. The case involved many absentee ballots where the signatures were forged and submitted in the 2009 Working Families Party primary - a political group associated with that other bastion of Democratic voter integrity: ACORN.

“

I’ve talked to a lot of people who worked for Obama at the grass roots level. One of them said to me, ‘Never again. I will never be fooled again by a politician.’ You know, a one-term president with some balls who actually got stuff done would have been, in the long run of the country, much better...” - Former Obama super-supporter and Hollywood liberal wackdoodle Matt Damon shocked and surprised that a former community organizer who had never held a job or run a business wasn’t the best choice to govern the most powerful economic engine on Earth: America. Glad you finally figured it out Matt.

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Continued from Page 10

ZALMA you.” The endorsement’s UIM portion included coverage for: (A) You. (B) Any other occupying your insured car with your permission. (C) Any person for damages that person is entitled to recover because of bodily injury to you or another occupant of your car.

person

complaint against Viking, Viking filed a complaint for declaratory judgment, asking the trial court to rule that Viking did “not have a duty to pay any benefits under the UIM coverage of [Jennifer’s][p]olicy.” The two cases were consolidated. Both parties filed summary judgment

CASE IN POINT http://www.zalma.com/zalmabooks.htm

On February 3, 2009, a motor vehicle struck Andrew while he was skateboarding in Kingston, Washington. Andrew was transferred by ambulance to a hospital and he was treated for fractures of his right leg. Andrew and the driver’s insurer settled all claims Andrew had against the driver for $50,000, the driver’s policy’s claim limit. When Jennifer applied for UIM coverage under her insurance policy for the remainder of Andrew’s damages, Viking “disclaim[ed] and deni[ed] any and all liability or obligation” to provide UIM coverage to Andrew. Viking stated that “the policy of insurance covers only ‘you’ [Jennifer], as the named insured. Andrew . . . does not meet the definition of ‘you’ under your policy and, therefore, there is no coverage under the [UIM] Coverage.” Andrew and Jennifer sued Viking, asserting that Viking breached its contract and violated the Insurance Fair Conduct Act. On the same day that Andrew and Jennifer filed their www.underwritersinsider.com

motions. The trial court granted Viking’s summary judgment motion, declared that Andrew was not entitled to UIM benefits under Jennifer’s policy with Viking, and dismissed with prejudice the Helgesons’ claims. The Helgesons appealed.

ANALYSIS The criteria for interpreting insurance contracts in Washington are well settled. Courts must construe insurance policies as contracts and consider the policy as a whole. Courts must also give the policy a fair, reasonable, and sensible construction as would be given to the contract by the average person purchasing insurance. Most importantly, if the policy language is clear and unambiguous, the court must enforce it as written; the court may not modify it or create ambiguity where none exists. The Helgesons argued that the UM statute in Washington has a definition

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of “insured” different from that in the policy and should have been incorporated into the underinsured motor vehicle and requires Andrew, as Jennifer’s seventeen year old son, to be included as an insured person under Jennifer’s insurance policy even if he is not a “named” insured. They argued that Viking must pay Andrew’s underinsured motorist claim under Jennifer’s policy. The Court of Appeal, rather than dealing with a contract emotionally, disagreed with the Hegelsons, and concluded that parties to an insurance policy are free to determine who is insured by the policy. The issue raised by the Helgesons has long been resolved by Washington’s Supreme Court that held the UM/UIM statute does not mandate any particular scope for the definition of who is an insured in a particular automobile insurance policy. Because Andrew was not insured under Jennifer’s policy for his injuries sustained when an underinsured motor vehicle injured him while he was skateboarding, the Court of Appeal held that the trial court did not err in finding that the Helgesons were not entitled to underinsured motorist benefits under Jennifer’s policy with Viking.

LESSON Jenifer Hegelson attempted to save money by limiting the scope of her UM/UIM policy of insurance by limiting the coverage on her policy to only her since a 17-year-old driver would have probably caused a serious See Zalma Pg 35 33

DRAFTING WILLS FOR CLIENTS WHO MOVE TO FLORIDA: HOW LONG IS FLORIDA’S LONG-ARM STATUTE FOR LEGAL MALPRACTICE? By Guest Columnist Michael L. Forte

any northerners retire to southern states, with Florida being one of the most popular destinations. When a northern law firm prepares a will for a retiree, and the retiree then moves to Florida, could the law firm be sued in Florida for malpractice in drafting the will? The answer to this question is “maybe.” Generally, the more extensive the contact between Florida and the firm, the more likely a Florida court will find it has jurisdiction over the firm. Unfortunately, there is no checklist of specific contacts sufficient to support jurisdiction. Instead, Florida courts decide this issue on a case by case basis. But this article provides examples of Florida courts performing this analysis, so that the reader can get a feel for when jurisdiction might exist.

plaintiff sued a New York lawyer for malpractice in preparing a martial settlement agreement. The lawyer filed a motion to dismiss for lack of jurisdiction. The plaintiff claimed jurisdiction existed, because the malpractice for all practical purposes

The necessary legal work was performed in New York by Hirsch, a New York lawyer, and the settlement agreement and final judgment of divorce were entered by a New York court. *** There is no evidence that the acts required to be performed by the retainer agreement between Weitz and Hirsch were to be performed in Florida. The mere fact that Weitz moved to Florida while his New York divorce was pending and Hirsch continued to work as his lawyer does not bring

Florida’s Long Arm Statute Florida has a “long arm” statute found at Florida Statutes Section 48.193. This statute specifies when Florida courts can use the long arm of the law to force nonresidents to defend suits in Florida. It states jurisdiction exists when either (1) the alleged malpractice occurred in Florida or (2) the alleged malpractice occurred outside of Florida, but the nonresident law firm engaged in other “substantial and not isolated” activity in Florida. 34

occurred in Florida. The plaintiff argued (1) he moved to Florida before entering into the agreement; (2) the agreement listed Florida addresses for both the plaintiff and his former wife; (3) all notices and other necessary documents were to be sent to the plaintiff in Florida; (4) the New York lawyer telephoned and wrote to the plaintiff while the plaintiff was in Florida; (5) the plaintiff paid the lawyer from Florida; and (6) the allegedly negligent legal advice was provided while the plaintiff was in Florida. The trial court denied the motion to dismiss, but the appellate court reversed and concluded jurisdiction was lacking. The appellate court determined that despite the contacts the lawyer had with Florida, the alleged malpractice “occurred primarily” in New York. It went on to note:

See Legal Malpractice Page 37

In Hirsch v. Weitz, a Florida

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ZALMA increase in premium. After her son was injured she attempted to argue that her choice was not proper and that the state should force her insurer to insure a risk it did not agree to take. The Washington Court of Appeal in an opinion that is not officially published, refused to buy her arguments and enforced the contract as written. **** © 2011 – Barry Zalma Barry Zalma, Esq., CFE, is a California attorney, insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud. Mr. Zalma serves as a consultant and expert, almost equally, for insurers and policyholders. He founded Zalma Insurance Consultants in 2001 and serves as its senior consultant. He recently published the e-books, “Zalma on Insurance,” “Heads I Win, Tails You Lose — 2011,” “Zalma on Rescission in California,” “Zalma on Diminution in Value Damages,” “Arson for Profit,”“Insurance Fraud,” and others that are available at www.zalma.com/ zalmabooks.htm. Mr. Zalma has published two new E-Books: “Murder and Insurance Fraud Don’t Mix” a short novel and “Zalma on California Claims Regulations – 2011 is now available for $5 and $25 respectively. Mr. Zalma can be contacted at http:// www.zalma.com, zalma@zalma.com and you can access his free “Zalma on Insurance Fraud” newsletter at http:// www.zalma.com/ZIFL-CURRENT.htm. www.underwritersinsider.com

Continued From Page 15

Continued From Page 9

KIM KOMANDO improves performance battery life.

and

But how do the MacBook Air (starts at $1,000) and the $1,000 Zenbook stack up in a technical head-to-head comparison? They each have a similar processor (Core i5 1.6GHz), comparable screen size (11.6 inch) and battery life (5 hours). Air has less RAM (2GB vs. 4GB) and storage (64GB vs. 128GB) for the price. But it does have the Thunderbolt port; Ultrabooks don’t have anything comparable (yet). If you want the best thin laptop overall, the MacBook Air is still my recommendation. It’s fast, stylish and has been around long enough to get the kinks worked out. **** Copyright 2012, WestStar TalkRadio Network. 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: h t t p : / / w w w. ko m a n d o. c o m / listen. To subscribe to Kim’s free email newsletters, sign-up at: h t t p : / / w w w. ko m a n d o. c o m / newsletters.

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FL/GA COOPERATION preparedness of both departments." The primary elements agreement are as follows:

the

• The mobilizing state will promptly notify the host state’s contacts when a disaster occurs, and operations must be moved to the host state. • The host state will provide logistical support to include a limited number of laptop and desktop computers, internet capabilities and fax machines. • The host state will also provide space for 20 employees for a period of 45 days The cooperative agreement revises and replaces a previous agreement between the two states from July 2009. Continued From Page 13

NC FIRE RATE REQUEST evidence from both the Rate Bureau and the Department of Insurance in making his decision. “After listening to all of the testimony, I found that the requested increase in extended coverage rates for dwelling properties is not warranted. I disapproved that request because it would have lead to excessive and unfairly discriminatory rates,” Goodwin said. “Additionally, dwelling policyholders will have the benefit of decreased fire rates.” 35

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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LEGAL MALPRACTICE Hirsch within the provision of the longarm statute. The court noted that had it agreed with the plaintiff’s analysis, then “virtually any lawyer who communicated with a Florida resident regarding legal advice could be sued for legal malpractice in Florida.” So at a minimum, the Hirsch case tells us that a law firm’s client moving to Florida does not by itself subject the firm to Florida jurisdiction. On the other hand, a nonresident law firm could be hailed into a Florida court even if the alleged malpractice had nothing to do with Florida. In Windles v. Solitron Devices, Inc., a New York law firm defended a corporation in a New York lawsuit. The corporation sued the firm in Florida for malpractice that allegedly occurred in the handling of the New York case. The law firm filed a motion to dismiss because none of the events leading to the alleged malpractice had anything to do with Florida. But the trial court denied that motion, and found jurisdiction existed.

negotiated a loan in Florida. The court summed-up its holding by stating “[t]he defendants may not escape Florida jurisdiction merely because the particular act or omission causing the injury relates to a portion of the representation being conducted elsewhere.”

Due Process Satisfying the requirements of the

long arm statute is not enough. The maintenance of the Florida lawsuit also must satisfy the due process requirements of the U.S. Constitution. The test is “whether the defendant’s conduct in connection with the forum state is ‘such that he should reasonably anticipate being haled into court there.’” In other words, the court asks

See Legal Malpractice Page 38

The appellate court agreed. The appellate court acknowledged the alleged malpractice pertained only to the New York suit. But it found the firm submitted itself to Florida’s jurisdiction by way of its contacts with Florida on other matters involving this same client. For example, the firm (1) represented the corporation in a tax case in Miami; (2) performed work within Florida on various other occasions; (3) contacted the corporation in Florida by telephone and mail; (4) took minutes of the corporation’s meetings in Florida; (5) reviewed books and records for the corporation in Florida; (6) dealt with Florida press releases; and (7) www.underwritersinsider.com

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LEGAL MALPRACTICE whether it would be fair to require the nonresident to defend itself in Florida. In answering this question, the court looks at whether the nonresident has sufficient “minimum contacts with the forum such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.” For this standard to be met, the defendant must have “purposefully availed itself of the privilege of conducting some type of activity within Florida, thus invoking its benefits and protections.” In Foster, Pepper & Riviera v. Hansard, Florida plaintiffs sued a Seattle law firm for malpractice in preparing a “private placement memorandum.” A third party had used the memorandum to sell the plaintiffs partnership units in an evergreen farm, and the plaintiffs alleged damages from their reliance on that memo. To support personal jurisdiction over the law firm, the plaintiffs alleged (1) the plaintiffs were offered and sold the units in Florida; (2) the plaintiffs signed the purchase documents in Florida; and (3) the law firm personally participated in making the sale. The trial court denied the law firm’s motion to dismiss for lack of personal jurisdiction, but the appellate court reversed. The court concluded that although the firm’s memo allegedly caused damages in Florida, the firm did not knowingly and intentionally involve itself in the Florida market or purposefully avail itself of Florida business, and could not have reasonably anticipated being haled into court in Florida under these circumstances. An example of a contrary result is Robinson v. Giarmarco & Bill, P.C. In that 38

case, a Michigan attorney prepared a will for a client already living in Florida. When the client sued the attorney for malpractice in a Florida court, the Michigan attorney filed a motion to dismiss for lack of jurisdiction. But the district court denied the motion, and the appellate court affirmed. In explaining why the due process requirement was met here, the appellate court noted the following: (1) the attorney rendered estate planning services to the client knowing that the client already was living in Florida; (2) the attorney knew that the will would be probated in Florida; (3) the attorney knew the associated trust would be administered in Florida; (4) the attorney mailed correspondence to the client in Florida; (5) the attorney drafted the will intending Florida law to govern it; and (6) the alleged damage was enacted upon an estate and trust in Florida. The court viewed these contacts as being sufficient to put the Michigan attorney on notice that if he had committed malpractice, Florida may in fact be the venue of the malpractice suit.

Conclusion If a forum other than Florida is more conducive to defending a malpractice case, you very well may be interested in filing a motion to dismiss the Florida proceeding at an early stage. Because the issue of jurisdiction often is highly-fact specific, finding cases factually analogous to your case would be crucial to this effort.

****

Michael L. Forte is a partner at the law firm of Rumberger, Kirk & Caldwell, P.A. He defends law firms in legal malpractice cases throughout Florida.

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THE INSIDER’S ADVISOR make certain we are receiving an adequate ROI on that investment. What are your recommendations? — H.R. Atlanta, GA There are two type of advertising. Well, there are probably more, but there are two types I want you to consider here. First, there is “call to action” advertising. You are asking the marketplace to do something now and specific and so it is fairly simple to gauge response. An example of “call to action” advertising would be a coupon for a one-day-sale. All you have to do is count the coupons to measure your effectiveness. Although easy to assess, this type of advertising does not lend itself as well to the insurance industry as it does to a retailer, for example. The second type of advertising, called “branding” is more difficult to measure, at least in the short term, but it can be a powerful facilitator of long-term results. With branding, you are not necessarily asking your marketplace to “do something” right now. What you are doing is building your brand awareness in the marketplace so that when your prospects are in a position to make a buying decision on your product, you have a warm, fuzzy and familiar image in their mind. Think of it as building a franchise in the mind of the buyer. The Underwriter’s Insider

Continued from Page 24 If you walk into a Best Buy this afternoon intent on purchasing a new HD TV, you are going to be making your purchase decision, in large part, on the brand image of a particular manufacturer. Would you buy a TV with the same feature set as, say, a Sony, but for $200 less from a company you’ve never heard of? Probably not. That’s because Sony has spent millions building their brand. The insurance industry is the perfect environment for branding-type advertising. If a marketing rep for a premium finance company, for example, walks into an agent’s office looking for business, a whole lot of buyer resistance disappears if the PFC is one that has advertised for years and has exhibited at trade fairs. They’ve been branding and are now a familiar quantity. Another rep walks in for Zamo-Wamo Premium Finance, a company that the agent has never heard of, and he doesn’t have a Pekinese’s chance against a Pit Bull. Who want’s to deal with an unknown? As I said, it is more difficult to make a quick assessment on branding advertising. You may exhibit at a trade fair and advertise for 3 months and not get a call. But it is working and will yield far more long-term benefit than a couple of quick responses. If your company is here for the long term - than strategize your advertising for the long term. - Advisor

AGENTS PREFER REAL TIME the campaign's latest agency survey, conducted a couple of months ago: Fully 63 percent of agency management system users employ real-time rating on comparative raters and management systems to access multiple carriers at once. This represents an increase of six percentage points over a similar 2010 survey. The use of real-time rating tools for personal lines saves agencies an estimated 68 minutes per employee per day. About three fifths (62 percent) of those using real-time rating also use real-time inquiry and service transactions through management systems, most often for billing, policy and claims inquiries, but also for endorsement processing (55 percent for personal lines, 29 percent for commercial). Real-time inquiry and servicing are saving 50 minutes daily for those employees using the functionality, because the real-time tool can enter IDs and passwords automatically. And it can either return the information directly to the management system or navigate precisely to the information on the carrier website.

Independent agency owners are busy people, to be sure. But as we enter a new year, the campaign calls on even more agency leaders to take a step back and examinedesktop to desktop-how employees write and service business. Real Time provides strategic benefits that enhance agency productivity. But there's more: If principals insist on Real Time as the required workflow for all employees, it promotes consistent workflows across the firm, which simplifies staff training, allows managers to monitor employees' performance more effectively, increases the security of processing, and creates better transaction records for E&O protection.

Carrier & Vendor Role More carriers need to offer Real Time and carriers and vendors should continue to enhance the functionality they provide. Agents clearly told us in our latest survey what further improvements in Real Time they want to see:

Moving Forward Our

www.underwritersinsider.com

opportunity in 2012 to increase implementation and enhance the benefits being delivered by Real Time to our distribution channel. To encourage more agencies to implement Real Time, the campaign is planning a National Real Time Day on Feb. 29, 2012, during which the campaign, individual vendors, user groups and carriers will hold events to help agency owners and employees fully understand what real-time functionality can do for them. Details for the day will be announced soon.

industry

has

excellent

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AGENTS PREFER REAL TIME Have additional carriers introduce Real Time. Have those carriers offering Real Time provide the full array of realtime functions across the major lines of business, so that agency employees can count on Real Time as a consistent workflow across carriers. See vendors and carriers continue to improve the real-time functions they do provide so that the response times are faster. To give carriers and vendors a road map for implementing "best practice" real-time workflowswhether they are just starting to build out the functionality or seeking to improve and expand the transactions being providedthe campaign has just completed Agency Real-Time "Best Practice" Workflows & Implementation Strategies. In addition, in 2012 ACORD will be developing specifications and implementation guidance to assist the industry in implementing ACORD standards and forms. The campaign also will encourage greater use of real-time transactions and download within the E&S market and for mid-commercial submissions.

[1] Real Time is the ability to click on a button from a client file in your agency management system or comparative rater for immediate access to carrier information on that client. The transaction may be a quote, billing inquiry, claim inquiry/loss runs, policy view, endorsements or a request for information. This approach provides a single workflow for servicing or quoting with multiple carriers. [2] ACORD User Groups Information Exchange (AUGIE) Agency Technology Survey Executive Summary, 2006, p. 14. [3] Fall, 2011 Survey of 3110 agencies by the Real Time/Download Campaign

Anderson, a 25-year veteran of the Drug Enforcement Administration with extensive experience in global criminal investigations and law enforcement coalition building, will be on the job next month. “We are pleased to have a professional of Dan’s caliber join our team, and I know he will be a tremendous asset in our continuing fight to crackdown on fraudsters in Florida,” said CFO Atwater. “With auto insurance and workers’ compensation fraud schemes increasing the cost of living for our fellow Floridians, there is no more capable person to confront these challenges head-on, dismantle these schemes and put the criminals behind bars.”

[4] Ibid.

FLORIDA’S ATWATER APPOINTS LAW ENFORCEMENT VETERAN TO LEAD THE DIVISION OF INSURANCE FRAUD

ALLAHASSEE—Chief Financial Officer Jeff Atwater today announced the appointment of law enforcement veteran and crime fighter Daniel S. Anderson as the new Director of the Division of Insurance Fraud (DIF).

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Anderson began his law enforcement career in 1982 as a police officer in Broward County. He joined the Drug Enforcement Administration in 1986 as a Special Agent, where he served until his appointment as Director of DIF. During Anderson’s 25 years with the DEA, he has served in many highlevel positions, including Instructor at the DEA Academy educating thousands of law enforcement personnel; Group Supervisor at DEA’s Norfolk, Va., Office; Unit Chief of Operations Management at DEA Headquarters; and, most recently, as the Associate Special Agent in Charge of the DEA’s New York Field Division overseeing more than 800 employees. Anderson will lead the Division of Insurance Fraud, which made nearly 1,000 insurance fraud-related arrests last fiscal year. He will be responsible for supervising 155 sworn law enforcement officers, managers and administrators, and 48 non-sworn civilian support staff members. The Underwriter’s Insider