aianc's street wise - march 2013

More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.AutoInsuranceAgentsNC.com

AIANC’s STREET WISE March, 2013

STREET WISE Alliance of Insurance Agents of NC

THE HIRING PROCESS – WHY MISTAKES ARE MADE

In this edition

THE HIRING PROCESS – ........... 1

WHY MISTAKES ARE MADE ...... 1

AGENCY HELD HOSTAGE ................ 6

THE REAL REASON INSURANCE

AGENTS FAIL TO SELL .................. 12

WAYNE HOOPER REPORTS: THINGS I LEARNED ABOUT COMMERCIAL

LINES .......................................... 16

GET A COMPLIMENTARY WEBSITE &

MARKETING ASSESSMENT ............ 22

5 TIPS FOR RECRUITING GREAT

PEOPLE ....................................... 24

GRASSROOTS & AGENT POWER ... 25

ARE YOUR INDEPENDENT

CONTRACTORS REALLY

EMPLOYEES? Q&A ...................... 26

Info at www.AccuAgents.com

By Al Diamond of Agency Consulting Group

We lose a producer or key service employee or are convinced that we need a new person to move our business forward. We put the word out to our employees, to our carriers and to headhunters that we are looking and impatiently await results. We’ve heard that business is still soft and many people are out of work, but our phones and e-mail certainly don’t ring off the hook with candidates. We even try advertisements and on-line postings. Finally, we get a trickle of candidates. Most are neither qualified nor have the personalities to meet the needs of the job.

We get frustrated and somewhat desperate when the work starts affecting our other employees and when the lack of production begins to affect our revenue or profit lines.

We will address how to find producers and other employees in another venue. The key to locating quality employees for any positions is to identify the right personalities and is not a factor of experience.

This article addresses a more insidious problem, poor selection habits. Many of us will lower our standards when stress and pressure builds because of the need of a person in a role in the agency.

I’ve heard many an agent tell me that they hired the first person that appeared to be an acceptable candidate – the ‘Warm Body Syndrome’. The thought process is that ‘maybe’ the person will work out. At least we have someone manning the desk or willing to be a producer for the agency.

We have had the opportunity as consultants to see the results of these habits. They are not pretty. The candidates who are given the “opportunity” based on a single interview because it’s better to have someone than have no one at all usually prove to be mediocre employees at best. Some of us are lucky enough to hire people who are virtually intolerable.

I know this sounds strange- but if you make an obvious mistake and the employee either doesn’t understand the job after convincing you that (s)he has had experience in a similar role, it is not difficult to face up to the problem and terminate the employee.

Making a terrible mistake in employee selection is better than hiring the mediocre employee who spend his/her 37.5 hours every week to get a paycheck, doing as little as possible and spending more time socializing with the other employees (wasting their time) or playing on the computer.

Continued on page 2

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The Hiring Process

Continued from page 1

A terrible mistake will be noticed and the situation resolved. The mediocre employee will drag down your business, potentially for years, until the situation becomes so impossible that you will take action.

But this type of employee can be avoided by becoming better selectors and improving your hiring abilities. Remember, you are an insurance professional. Most agents have never been taught how to hire people and our staffing mistakes have proven that over and over again.

Step One: Never hire on the first interview.

Everyone looks good, dresses well and makes themselves presentable in a first impression situation. If you are a small agent and are the only decision-maker, I suggest to bring the candidate back at least two more times. If you have trusted managers, partners or employees, use them for subsequent interviews.

Step Two: PREPARE. Have a list of interview

questions (call or e-mail us (800 779 2430; [email protected] and we’ll send you our Interview Guide – a list of questions that will tell you a great deal about a candidate). You don’t have to ask every question on the first interview.

Do not ask question that require a YES/NO answer. Every question should be ‘open-ended’. You are asking the questions to find out about the candidate.

Never interview in a bull-pen or someplace where others can overhear. Pick a quiet, private setting for the interview.

Explain to each candidate what the hiring process will be for your agency (explain that you use the Hiring Process Document and how you intend to send the document to complete for this purpose if you desire). This document should explain the steps you will use and will put the candidate at ease. It will explain the multiple interview process and the steps you will take if the candidate proves valuable enough to pursue.

Step Three: Use an Assessment. There are a

variety of assessment tools available to you that are focused on the industry. None are bad. Some are better than others. We use a well-known assessment tool see the A C G Hiring System in our website, www.agencyconsulting.com. Whichever assessment you use is a tool it is not the determining factor for the hire. You make a serious mistake if you simply opt in or out of a hire because of a test result.

Continued on page 4

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The Hiring Process


However, the assessment you use should be testing the candidate’s personality against the traits needed for the job for which you are hiring. If you apply a wonderful service-oriented person to a producer’s assessment it will reflect poorly. Similarly, if you assess a great sales personality for a service job, that, too, should give terrible results. Call us if you want more information on assessment programs.

Use the assessment only for candidates that pass your first interview screening. It is the device that will surface more questions if done properly that you will use in subsequent interviews.

Step Four: Have someone else interview, but

make sure that you give the interviewer both questions to ask and their objectives – things you want them to find out about the candidate in their interview.

Step Five: Assuming that the candidate passes

your initial interview, scores well on whichever assessment you choose, is acceptable to the other interviewers you use and/or still impresses you in your own subsequent interviews, you are ready for the OFFER.

During your own interview process you should have determined the candidate’s compensation expectations or needs, if any. During this meeting, you should lay out how you pay your employees in the category for which you are interviewing. Presumably, if the candidate is far ahead of your compensation expectations (they expect $75,000 when you are prepared for a $45,000 employee) you will never reach this stage. You would have determined that the candidate’s needs and yours don’t mesh.

You should have a Job Description that you can go over with the candidate describing the duties and expectations of the position. If the job is a sales job, you will cover the validation schedule within the expectations of the job. Call us if you would like to discuss our Producer Compensation Program that provides validations schedules for a variety of compensation programs for producers. Only finalize the offer to the candidate if they are amenable to the roles, goals and compensation that you are willing to offer. Negotiations are certainly possible, but you should NOT put yourself in the position of buying an employee at any cost. There is a limit to what you can expend and any employee must be able to give you value for the cost you project.

Hiring people is a process. Few of us savor adding or replacing staff members because of the risk involved. We have ways of perfecting the risk for either producer or non-producer employees and would be happy to discuss your particular situation. All you have to do is contact us. But the key to your successful hiring of long term employees is the care you take in the hiring process. Every one of us is tempted to hire based on liking a candidate when they appear before us. It is much easier and a load off our minds if we interview the person, feel that they could work, and hire them expecting the best. But the cost of a bad hire can sometimes extend to two to three years of compensation for the mediocre employee, lower productivity and potential loss of existing employees and, sometimes, serious side effects to our clients and underwriters.

Be careful. Follow the steps. You will be much more likely to hire ‘keepers’ than ‘warm bodies’.

Agency Consulting Group, Inc.

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Agency Held Hostage

Most agency owners think they own their business, but owning and controlling are two different things. You may technically be the proprietor by investing all of the money and signing for all of the liabilities and debts but you don’t really own the business if you are being held hostage by a key employee. It happens more often than you think.

The “Hostage Taker” may be your office manager of long standing. He / She may be a hot salesperson who threatens to leave and take policyholders if you don’t cough up the big bucks or acquiesce to their whims.

Many agency owners were at one time the agency’s “Hotshot Salesperson” mainly because they were the only employee! As business grew the agency owner became more involved with other tasks and less involved in the day-to-day routine. More often than not, agency owners become hostages simply because they fail to recognize what’s happening in the agency or fail to act on the problems they do recognize.

To protect the innocent, I’m changing the names and combining details from five different real scenarios to make this fictionalized case in point:

Ricky, one of the insurance industry’s “Movers & Shakers” was recently telling me that his sales are booming but the debts are piling up. He will soon have to move more of his retirement nest egg into the agency’s bank account. I asked several questions and came up with the following scenario:

Lucy, his longtime employee, took over as agency manager two and a half years ago and allowed my friend to spend more time on other interests. Now Lucy controls every aspect of the operation – from hiring and training employees to choosing the carriers sold through the agency. She is also the person most visible to the customers who usually insist upon her personal service on their accounts.

Lucy doesn’t concern herself with having a profitable business, however. My friend told me that he tried in vain to get Lucy to focus on the financial problems.

Continued on page 8

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Agency Held Hostage


Lucy had reluctantly agreed to allow my friend to bring in an agency consultant. It didn’t take long for the consultant to find that the agency was grossly overstaffed and that Lucy’ favorite carrier paid such little commission that the agency lost money on every sale. Lucy instructed the staff to “try to place” the business with higher commission carriers but went back to the low-commission carrier after a couple of months. She refused to reduce payroll because “Everyone is overworked as it is!” She insisted on running the agency her way, but her way was putting my friend deeper in debt.

My friend asked me what I thought. I said that before giving my opinion I’d like to visit the office.

Ricky was at the office when I arrived and introduced me to Lucy and the rest of the staff. Quick glances around the office told me what I needed to know. The office was a disaster. Applications, checks and unopened envelopes were on every desk.

The Profit & Loss Statements provided by Lucy did not provide any useful information.

Obviously, the office wasn’t being run in a business fashion. How can anyone make sound business decisions if they don’t have good records?

If you don’t have good records, it’s because you don’t know how to keep them or you don’t want them. In any case, I knew my friend shouldn’t be entrusting his money to someone who couldn’t account for what she was doing with it.

On the other hand, I could also see that the office was potentially a moneymaking proposition. The phones were ringing, folks were coming into the office in steady streams and most were buying insurance on the spot. In fact, if Lucy had cut back the payroll as the consultant had suggested, my friend could have paid all of his bills and still had a modest profit.

Undoubtedly, the money was being wasted in other ways as well. Tighter controls, cutting out the waste and plugging the cash drain would turn this office around in a hurry!

I explained all of that to Ricky and told him he had two options. One, he could sell the business at a fire sale price since his records were so inadequate. Or two, he could fire Lucy and start running his office once again. Letting the situation continue was not a viable option. Any money invested from his retirement account would be lost.

Not investing more money would soon result in bounced agency checks; loss of markets and eventually the office would close.

Continued on page 10

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Agency Held Hostage


Ricky was stunned by my advice. He wasn’t ready to sell but he wasn’t ready to fire Lucy. How could the office even survive without his longtime employee, the favorite of most of his customers? Would the rest of the staff, her personal friends, quit in protest? Couldn’t he try to get Lucy to change instead?

I knew the office would survive without Lucy as well as I knew she would not be willing to change. Ricky had to be convinced.

I suggested Ricky ponder the situation for a couple of weeks but try a little experiment in the meantime. First, drop in the office one day unannounced an hour or so after it opened. I told him that he would find one or more employees not at the office even though he’s paying for a whole day’s work. I told him that the other employees would make excuses for the missing employee. I also told him that if he goes back a couple of days later unannounced, he’d find someone else wouldn’t be there.

I told him to take over a simple task such as opening the mail for one week. He replied that Lucy would call him the highest-paid clerk in the business and suggest he spend his time on more important tasks.

My ulterior motives were twofold. In the first instance, I wanted Ricky to see how his money was being squandered. In the second, I wanted him to see that Lucy would resist his efforts to ferret out the mysterious money drain.

Sad to say, I was right on both counts. Employees covered for each other and came and went as they pleased. Ricky found the employees abused his kindness, abused his phones and Internet, misfiled, couldn’t quote, and never completed assignments. But Ricky still wasn’t convinced to fire them. He was scared to say anything for fear they would quit and he wouldn’t be able to replace them. The folks he had interviewed wanted more salary and benefits that he felt he could not afford.

My advice was firm. Fire them as soon as possible. What kind of life is it when the folks around you make you miserable? You hate going to work. You’re living in fear. He deserved better and would feel better as soon as he made the decision to let them go. Replacing them would be a lot easier than he could imagine. If he couldn’t offer more money or benefits, possibly he could offer an alternative such as a flexible work schedule. But the straw that broke the camel’s back came sooner than he could imagine.

Ricky’s presence in the agency uncovered where the money was going. He was opening envelopes as suggested and decided to reconcile the bank statement.

Further investigation revealed that the staff was uploading cash payments to carriers and pocketing the money without recording it in the daily agency management system. Lucy herself was paying some of her household bills out of the agency and coding them to office expenses on the P&L statement. Ricky fired them all on the spot.

Yes, he had to put in a lot of overtime for a while but soon he hired (& personally trained) a new staff. He spot-checks all activity in the agency on an unannounced regularity. Profit has returned and Ricky is once again truly an owner at last. His only regret is that he hadn’t acted sooner, which is almost always the case. There is never a good business reason to let an employee hold an agency hostage.

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The REAL Reason Insurance Agents Fail to Sell

by John Chapin

You can give an agent all the sales skills training in the world. You can lay everything out and tell them exactly what to say and do in each and every situation and yet, if they have either of the two afflictions I’ll talk about here, no amount of sales or product training will help them. When an insurance agent fails over the long haul, it is always a failure in activity, a failure to do the things necessary for success. Below are the two reasons agents ultimately fail to do the necessary work and, in the end, fail to sell, along with some ideas on what you can do about it.

Reason #1: They’re scared.

At the request of an agency owner, I sat down with an agent to listen to her make some prospecting calls. He was concerned because she hadn’t sold a single policy in five months. When she picked up the phone, she began to shake with fear. She then put down the phone and said, “I can’t, I just can’t do it! Not with you sitting here!” I offered to stand outside the door. When that didn’t work, I told her she could record the calls and I’d listen to them afterwards. She then got up, marched into the agency owner’s office and said, “This isn’t going to work! I quit!”

Whatever the fear, be it fear of rejection or the fear of being yelled at or hung up on, all fears lead to extraordinary effort to avoid doing the things necessary to be successful. They all leave the agent frozen and unable to consistently do what needs to be done.

Reason #2: They’re comfortable.

An agency owner recently said to me, “When the clock hits five, Jim runs out of the office like a scalded cat!” After a couple of questions it became apparent as to why. Jim was fresh out of college with no student loans, he lived at home, his parents had bought him a new car and they were also paying all his bills. Jim’s base pay was $650 per week plus benefits. That was more money than Jim had seen in his life, probably more than his buddies were making, and ultimately it was more than enough beer money.

The bottom line: Jim was comfortable and he had absolutely no motivation to take on the world and chase down business. That’s why he was running out at five and had only sold one policy in six months to… you guessed it… a family member.

How to move agents out of their fear and comfort zones:

First, it’s extremely important to have a good working environment that is conducive to doing business and supports the agent. This includes proper incentive and recognition plans, good training, good support people, and an office where other producers are producing and everyone is professional, generally happy, gets along, and everyone is treated with respect.

Second, it’s imperative that you have strict standards and measurements of success for each agent and that they are measured against those every 90 days. Each agent needs to have reasonable but challenging goals and objectives. It’s also important that you create these goals and objectives with the agent and you both agree they are attainable. Agents should be pushed out of their comfort zone but they have to believe they can do what you’re asking of them.

Each agent needs to be held accountable. You must hold their feet to the fire. If an agent does not hit their 90-day goals and objectives, you need to find out why, make the necessary changes and adjustments, and then review these with the agent in another 30 days to see where they’re at.

If they are not hitting their goals, look at their daily activity and determine the problem. If they are simply not doing the necessary activities, you have to introduce the “fear” of losing their job if they don’t get to work. This will move most of your fearful and comfortable agents either to action or out the door. If they don’t move, and they continue to miss their numbers and skirt the necessary work, then you have to put your foot down and move them out the door yourself. Keeping these people around will kill morale, cause you major headaches, and at the end of the day, you’re not doing yourself or them any favors. It’s time for them to go find themselves… somewhere other than at your company.



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The REAL Reason Insurance Agents Fail to Sell


Remember that each individual is motivated differently. Most are motivated by money, other incentives and gifts, but people also like recognition and appreciation. Let them know through your words and actions that you care about them, support them, and you want them to be successful.

If you are the failing agent, here’s what to do:

Take 100% responsibility for your life and truly commit to your job. Let your boss know you’re on board and you’re going to do whatever it takes to be successful and ask for his or her help.

Get disciplined, face your fears, and get comfortable being uncomfortable. You simply must get yourself to do the necessary activities whether or not you feel like it, whether or not you’re scared, and whether or not you’re comfortable.

Find your motivation. Why must you be successful? What are the benefits if you succeed and the disadvantages or pain if you fail? If you have powerful enough reasons WHY you have to succeed, you will.

You control your own success or failure. It has nothing to do with the economy, your parents, or that bad break in high school, at the end of the day it comes down to you.

For access to John Chapin’s free monthly newsletter, visit John's website at http://www.completeselling.com

John is an award-winning sales speaker, trainer and coach, number one sales rep in three industries, and author of the gold-medal winning "Sales Encyclopedia".

For permission to reprint, or if you have sales questions, e-mail: [email protected].

John Chapin Complete Selling, Inc. Helping you find and get all the business you want Cell: 508-243-7359 [email protected] www.completeselling.com LINKEDIN: once logged in find me under: johnchapin1 FACEBOOK: http://www.facebook.com/johnjchapin TWITTER: http://twitter.com/johnjchapin # 1 Sales Rep in 3 industries, Author of the gold-medal winning SALES ENCYCLOPEDIA - The most comprehensive "how-to" guide on selling.

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Wayne Hooper Reports: Things I Learned about Commercial Lines

By Wayne Hooper

I retired in October as a company marketing rep after a long career focused on personal lines. In my various career jobs, I enjoyed being a commercial lines producer during the boom years in Georgia. Since I have an underlying retirement income, I thought I would go back into the Commercial lines market to write business on a part time basis. To me, personal lines vs. commercial lines are like the difference between hunting squirrels or big game. You can eat regularly with Squirrels, but the big game insurance hunter gets an ego boost when he lands a big account.

I found the market place has greatly changed from the good ole days. You can starve to death starting out as a Commercial lines agent without other product lines to sell unless you land the mega account immediately. (I did that once!)

I also found you can't do commercial lines part time, it's a time hog if you do it correctly.

The following are old lessons, I had to learn again. Most of you know these, but a few may not which is why i mention them to the FYI Express readers.

1. You can't land a large account without competitive carriers, so I affiliated with an agency with good "A" rated carriers. I had to get licensed, take webinar training and learn the carrier’s quirks which took several months in the holiday period. (No money earned)

2. You need good agency management software to quickly quote and service commercial lines. The software should provide you with ACCORD forms and allow you to quickly issue Certificates of Insurance. Our agency has a full time employee dedicated to issuing endorsements and Certificates of Insurance, it's that important. This is also the hidden cost in servicing some lines of commercial business such as a plumber or electrician who might require hundreds of certificates of insurance.

The paper app has gone away, so your computer and printer are critical. You must have a good one. The printer is not where you want to cut corners. It is also important to have a backup printer and extra supplies on hand when using a network setup. Printer problems are production problems.

3. Standard Carriers have great Business Owners policies (BOP) and excellent rates, but they reserve and protect these programs with underwriting restrictions requiring the customer to be in business for three years, documenting with loss runs showing three years of continuous coverage.

When I started in the insurance business the old timers had a saying which is almost meaningless in our plastic society, but it went. “Oh yes, he’ll write the business on a Fire policy covering pig iron under water". To translate this without the history, this means the company won't reject a risk, but they will only allow coverage when it is impossible to have a loss. Some of the underwriting on the BOP and commercial programs seems to reflect this very old concept.

4. The Excess and Surplus (E&S) lines underwriters in Managing General Agencies are an excellent source for writing the unusual or startup businesses. They can be very flexible in custom designing a program for a customer. The downside is they usually take longer to do a quote because in most cases the process is not as automated as personal lines.

The E&S pricing is usually higher than a standard carrier filed program as it includes cost for the agent's commission, MGA commission, Taxes and fees plus the actual premium. Having said the MGA's are usually higher, I have found they can be very competitive on large specialized risk if it is a target market such the trucking industry or construction firms where there is a lot of premium involved.

It is important to develop a personal relationship with at least one E&S underwriter with several MGA’s because they may have access to different carriers, one of which might love the particular risk you need quoted. E&S underwriters move around so keep track as to where they go if they leave your favorite MGA. You can't have too many friends in E&S market but you may find it hard to send business to all of them.

5. The best customers rarely call shopping for a quote at renewal. You must find them through advertising, websites, phone calls and cold calls. Establishing a follow up list on expirations is critical to keeping your production pipeline full. In my short time in the market, I'm starting to get referrals from my contacts, which is also part of my marketing plan.





Things I Learned about Commercial Lines


It may be politically incorrect to say this, but I have found that customers from cultures where the price is haggled in an open market place see insurance as a commodity they can haggle over. They appear to believe the agent has greater control over the pricing than we do. This idea is sometimes reinforced by agents who reduce the coverage to hit a target price without advising the customer of the changes.

My philosophy is being honest and truthful in dealing with the customer. If I cannot improve on his coverage, the pricing or the carrier, I'll advise him to stay where he is insured, but call me if anything changes. I recently did that on an alternator/generator repair shop that had an excellent program that I could not touch without reducing his coverage. His shop did various other products and programs to stay afloat, such as modifying golf carts, which put him into a class my standard carriers, would not write. I didn't get the business but I made such an impression on him that before I left his business, we brainstormed on how he could develop a customized golf cart that would qualify as a licensed vehicle in Georgia, and then reviewed the problems of range and the ability to tackle steep grades. (Electric golf carts don't have transmissions.) You can meet some really interesting people writing commercial lines!

6. If you don't ask the question, you don't get the answer. The customer assumes what you don't know won't cost him, which is not always true. Commercial lines require you to ask questions that some producers might be uncomfortable asking, but it is, what it is. You can go straight off the application; use a check list or the open conversation method to gather the necessary information. I prefer having a check list as backup, but engage in an open ended conversation about the customer's history, the business and his expectations for the insurance quote. In that conversation, I’m getting his sales history, his Federal Tax ID, Loss history, how he feels about his current agent, his employee count and payroll, plus the normal application questions. I am also paying attention to his body language, eye movements, and tone of voice, office decorations and pictures. This allows me to decide on how accurate the information I'm gathering may be. These clues lead me into follow up questions on a subject I feel needs to be explored.

I recently quoted a small appliance trucking and installation company where it was obvious the owner was lying about previous losses. He needed to get insurance for a contract with MACY's to install appliances. I made a call to his previous agent and found out he was being terminated for having 14 claims in three years, with losses well over $100,000. I got the proper quotes for the prospect, but at a much higher premium than his previous carrier. (MACY's required very high limits which was cost prohibitive for this small business with a poor loss history)

The trucking company could not afford the insurance needed for a contract with MACY's so it merged into another company to be under their insurance. The difference on this situation was i knew getting this quote what was the true situation rather than being blindsided when the loss history was discovered and it blew up.

I recently added an APPLE IPAD to my sales call tools due to its excellent camera system. (You can also use your smart phone.) It really helps when you have a risk with multiple vehicles and drivers. I photograph the old policy information, the VIN’s and all the employee driver licenses. It makes the call go quickly when the information is on hand, plus it allows you to review the coverage later to make sure you have not missed a vital detail. You can also document the premises so you can go back and look it see if the building had sprinklers or a fire hazard you might have missed. The IPAD camera takes a 2 Mega pixel picture so it is possible to blow up an image to see very small details or read print at a distance. It appears to have a self-focusing ability on documents and print as little as foot away.

(Apple can send the check for this advertisement to the FYI Express)

7. Workman's Comp. on a startup business will almost always go to the assigned risk (NCCI). I found the NCCI class codes are so out of date. I.e. it is easier to find a "blacksmith" code than a cell tower equipment installer. The cell equipment installer performs multiple functions so it gets multiple codes. Simple, right! I called about a Cell tower equipment installer to get a code where they make a small concrete pad in order to set the power box on it. The NCCI does not have a job code for cell tower so they split the code based on the percentage of different types of work performed. The making of the equipment pad for the phone involved digging a hole, one code, pouring the concrete into the hole, another code, setting the equipment on the pad, yet another code. Climbing the tower was the big ticket code! This detail breakdown actually saved the customer money but it was a painful process and highly subjective. The devil was in the details of the job, but you have to ask the questions to get the answers.

The NCCI Workman’s comp. code book cost serious money to purchase, yet the codes are posted on the internet by various sources for free! Those codes not posted can be determined by phoning the NCCI and asking for the code.

It is important to get setup with the NCCI by registering on their website before getting too deep into quoting workman's comp on a start businesses because they will not speak with you unless you can identify yourself as a registered agent.



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Things I Learned about Commercial Lines


8. It is better to specialize for initial training in target markets, due to the complexity of some of the more unusual jobs we find in modern society. Most standard carriers have target customer programs which are easy to use and quote. The down side is there maybe 10 other agents quoting the same carrier in the target market, that's where being “first-est with the most-est" counts.

9. Standard carriers have retreated into the square peg in the square hole mentality. Tradition risks such as a barbershop, might find great rates and coverage under a Business Owners policy (BOP) with a highly automated quoting function. The assumption appears to be that agent just bangs away on his keyboard capturing information on the phone without qualifying the risk.

Several carriers pre-screen the quoting function with initial underwriting questions such as; has the customer been in business three years? Has he maintained coverage for three years? Any losses? The wrong answer stops the quote process, which I admit is good thing, but it fuels the specialty markets with the rejects.

The Specialty Markets are highly flexible on difficult risks assuming the customer can handle the premium. This goes back to the original assumption in insurance that all risks are insurable subject to correct premium being charged and collected. i.e. “An arsonist set to burn up his house is insurable if the premium is set at the cost of the loss plus handling fees and profit, plus you get the premium before the loss." In the real world that never happens but it is the basic concept behind insurance, then comes the sharing of risks to lower the premium cost. The real trick is determining the correct premium.

In summary, I am on a quest to learn all I can about the current Commercial lines market for fun, profit and the FYI EXPRESS. I hope to share some of my war stories of the more colorful characters and situations I meet along the way. Eddie and I will have a Commercial Lines Roundtable at the July EXPO where I hope to gather some experts from the E&S markets to discuss what is available and to answer product questions.

Make plans to come and be with us!

Wayne Hooper - Editor for the FYI EXPRESS

(Editor’s note: Do you have any “War Stories” to share? Send them to [email protected], anonymously if you wish. We have yet to ever betray a confidence.)

Pedro Castaneda, Area Sales Representative - East Coast Region for Superior Access Insurance Services, Inc. provided me with some great information on BOPs:

We have found that many of the Personal Lines Agents we work with want to branch out to Commercial Lines. We've learned that many times an agent that specializes in Personal Lines has little to no experience with Commercial Lines. The lack of Commercial experience makes them hesitant to take that step over into the unfamiliar world of Commercial Lines. With that in mind, here's a basic introductory to the most common Small Commercial product, a Business Owner's Policy or BOP.

BOP - What Is It?

A Business Owner's Policy (BOP) provides broad coverage for your client's small business. A Business Owner's Policy (BOP) is recommended for most small businesses, as it is often the most affordable way to obtain broad coverage. Combining both property and liability insurance, a BOP will cover a small business in the event of such things as property damage, suspended operations, or lawsuits resulting from bodily injury or property damage to others.

A BOP policy is very similar to a Homeowner policy, combining two of the most critical coverages for a small business - Business Liability and Property.

Business Liability coverage typically protects a business from claims for damages caused by employees, products and services. It also helps cover the cost of defense. It’s important to keep in mind that the type and amount of liability coverage needed may vary based on the type of business.

While every business is unique, many businesses own or lease property that is vital to their day-to-day operations. In the event of a loss, property insurance not only provides coverage for damage to the insured buildings and furniture, but also for inventory, computers, tools and other property needed to keep the business running.

Not every small business qualifies for a BOP. Factors like the type of business, the size of the premises, the number of employees, and annual revenue can also determine eligibility. Always refer to the carrier underwriting guidelines when determining if your client's small business is eligible for a BOP policy.




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BOP - What Is It?


The Hartford publishes a Business Owner's Playbook you may find helpful when working with your insureds to determine their insurance needs. The Playbook is too large for us to include in this email, but you can click here for a few pages with helpful conversation starters for you and your client during the various phases of their business' life cycle.

I am happy to share the entire Playbook with you, just let me know if you would like to receive the entire 44 page brochure via separate email. You can click here to request a copy, or give me a call at the number below.

I hope you find this information helpful to your agency. I would love the opportunity to talk with you about your agency and understand how Superior Access can help you grow.

[email protected]

www.SuperiorAccess.com

Wayne Hooper reports: WC Minimum Increase

To: Gregory Quinn

Subject: NCCI is increasing the minimum premium on the Worker's Comp to $1500 effective March 1, 2013 in Georgia

Gregory, while speaking with an NCCI underwriter, he mentioned the new minimum premium will be $1500 in March. The FYI is an insurance newsletter for independent agents in the Southeast. Do you have an announcement of this change that I could publish or reprint in the FYI Express for our readers, which includes independent agents and companies who might write Workman's Comp. policies through the NCCI. .

Does this increase apply to North or South Carolina, Virginia, Louisiana, Mississippi, Alabama, Florida or Texas?

Thanks you for consideration.

Wayne Hooper- Editor for Industry Relations FYI Express

[email protected]

Cell phone 678-296-6345

Hi Wayne

Spoke with one of our state relations folks on your question.

The maximum minimum premium applies only to the assigned risk plan.

This amount is documented in the loss cost/assigned risk rate filing circular (attached). I suspect that you will not want to print the entire circular, but you can scan for the information you need.

Listed below are the other states you asked about.

Maximum minimum premiums for the assigned risk plans

GA-$1500

AL-$1500

SC-$1000

NC-$1250

MS-$1500

FL-N/A-NCCI is not the plan administrator in Florida TX-N/A-NCCI is not the plan administrator in Texas

Greg Quinn

607-723-7878

Editor’s note: the loss cost/assigned risk rate filing circular is a 43 page PDF. If you would like a copy, please send an e-mail request to [email protected].

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5 Tips for Recruiting Great People

Steve Anderson

Insurance organizations will have to replace over 50% of their current staff over the next 10 years – at least according to several presentations I have listened to over the last few months.

Finding, recruiting, hiring, training, and then keeping new staff is perhaps one of the biggest strategic issues facing the insurance industry. Younger workers don’t seem to have a career in insurance at the top of their list of “fun” jobs.

When the news broke recently that some companies were demanding Facebook login information from job applicants, people everywhere were horrified. Those who were employed, those who weren’t employed – even employers themselves – were antsy at the thought of corporate America demanding passwords to personal accounts.

This example simply highlights how expectations of job applicants as well as employers have changed. Competition will become fierce for talented employees, making it more important than ever that you not scare away a great future employee by allowing preconceived notions to cloud your hiring judgment.

Following are five tips to help you find and attract the very best and brightest to your organization:

Don’t make unreasonable demands. Most of

today’s job seekers will find your demanding personal account passwords unreasonable. Just as you wouldn’t want existing employees to provide passwords to work accounts to those outside the workplace, you shouldn’t demand that your employees hand over passwords to personal accounts either. In fact, it's illegal in six states. I'm certain more will follow.

Don’t make snap judgments. For several

years employers have been searching social platforms for information on potential new employees. Job seekers were warned not to post wild party pictures or other inappropriate personal data publicly. Why? Because employers were making snap judgments about employees who might otherwise be dedicated, hard-working, career-minded individuals. But one bachelor party or a few old college pictures ruined it. Think about the hiring decisions you make and ensure they are based on all information and not some assumption you’ve made based on past experience.

Give them a chance. Over the past few years,

many great employees have become unemployed. Don’t assume they are not good candidate material. In any job market, good employees are subject to layoffs, sudden termination, and even voluntary termination. Don’t assume if a candidate is not currently employed they are not a good fit for the organization.

Don’t judge a book by its cover. So your last

job ad received 100 resumes and you’re limited on time. It’s easy to immediately delete any resume that doesn’t have the font you like or comes via snail mail instead of email. At least glance over those resumes, and make sure you aren’t missing out on a great potential hire who simply hasn’t quite mastered the art of job hunting. Not everyone is great at searching for employment. Besides, young, eager people can bring fresh energy to your agency.

Do background checks. While it’s important

to avoid generalizations, every employee should be subjected to a thorough background check. This includes checking references and doing criminal background checks. Be sure to require proof of education. Anyone can say they have a bachelor’s or master’s degree. Make this a part of your pre-employment process to avoid unpleasant surprises down the line.

You likely know how crucial good employees are to an agency’s success. If you’re seeking qualified candidates, keep in mind that you need good employees as much as they need a great career opportunity. By approaching the employment process with a positive attitude and open mind, you’ll find the best employee for your organization.

What tips do you have for recruiting new employees? Have you hired someone new who you wouldn't have hired in the past? Let me know in the comments.



AIANC’s Grassroots Power Page 1 March, 2013

STREET WISE Alliance of Insurance Agents of NC

Grassroots and Agent Power

In this edition

GRASSROOTS AND AGENT POWER.. 1

NC DOI COMMISSIONER GOODWIN . 3

GMAC LETTER TO LEGISLATORS ... 4

IIANC AUTO INSURANCE

MODERNIZATION TALKING POINTS

AND GMAC INSURANCE RESPONSES

..................................................... 6

SAMPLE E-MAIL FROM AGENCY TO

LEGISLATORS ................................ 8

PIA OF NC POSITION LETTER ......... 9

2011 SB 490 VS. 2013 SB 154 ... 10

2013 SB 154 SUMMARY .............. 11

FACT VS. FICTION ......................... 12

GOOD POINTS ABOUT NC AUTO

INSURANCE MARKET .................... 14

SB 154 PROVISIONS .................... 15

CURRENTLY INSURED PLAN RATE

COMPARISON ............................... 16

NOT CURRENTLY INSURED PLAN

RATE COMPARISON ...................... 17

INSURANCE OVERHAUL EFFORT

REVIVED ARTICLE ........................ 18

GRASSROOTS - AIANC members are the most valuable political asset in the association. No single act contributes more to shaping the outcome of issues than personal contacts with your elected lawmakers.

Let AIANC know if you have contacts and are willing to use them to support AIANC legislative priorities or stop legislation that could harm your business. Become a part of AIANC’s grassroots network. Contact information will be kept strictly confidential.

To participate, simply send an e-mail to Jeff Butler, AIANC Governmental Affairs Chair, and include your name, agency name & phone number. AIANC will call you to explain the program and discuss your involvement.

Jeff’s e-mail address is [email protected].

Not sure how to influence your lawmakers? To help AIANC members be effective in this role, AIANC has prepared the following DOs and DON’Ts: 20 DO’s and 10 DON’Ts for Effective Legislative Contacts Professional insurance agents and agency employees are valued by lawmakers as small business owners, employers, and people who work closely with large numbers of consumers.

DO . . . 1. Be brief. Remember that

time is precious. All letters, phone calls, office visits, etc. to your lawmaker should be "short and sweet." Get to the point soon and focus on your issue.

2. Give bill numbers. Include the correct bill number(s) in all communications about specific legislation.

3. Explain the impact. Explain in simple, straightforward terms the logic supporting your position. The most effective logic often involves jobs, costs, and how many people the legislation will affect. Be sure to explain any impact on consumers.

Continued on page 2



More “News, Satire & Opinions for Independent Agents from Independent Agents” at www.fyigeorgiaviews.com


Are Your Independent Contractors Really Employees? Q&A

By Robin Thomas, Managing Editor

Follow PPS on Twitter for daily updates -- @ppshrpolicies

February 26, 2013, Volume 15, No. 9 Click here for an online copy

Misclassified workers mean big money for the IRS and DOL and big headaches for employers. Find out the five steps you can take to make sure you have classified independent contractors correctly so you won’t face big fines.

Q: We would like to use independent contractors instead of employees to work on several special projects beginning next month. However, we are not sure how long the projects will last, and it is likely the contractors will only be working for us. Is it safe for us to classify them as independent contractors?

A: As often is the case with HR questions, the answer is “it depends.” And, what it depends on is how much control your organization exercises over the workers. If you exert too much control over these workers, such as telling them when, where, and how to do the work, providing the tools needed for the work, and reserving the right to fire them at any time, they may not be properly classified. (Download free Pay Procedures model policy including HR best practices and legal background.) There is no question that independent contractors are attractive to hire instead of employees. If you have a special project that requires a level of expertise none of your employees have, hiring a consultant to do the work can jump-start the project and ensure it is completed correctly. In addition, using independent contractors gives you more flexibility to “staff up” or cut back, without incurring the costs of hiring or layoffs. Further, because independent contractors are not considered your employees, your organization does not have to pay taxes on their behalf or allow them to participate in any benefit plans. Also, they typically are not covered under state workers’ compensation or unemployment compensation statutes; they are not entitled to overtime under wage and hour laws; they cannot sue under discrimination statutes; and they cannot take leave under the Family and Medical Leave Act. But, these workers can actually end up costing you more in headaches, back taxes, overtime costs, and penalties if they do not actually meet the criteria for independent contractors. Earlier this month, a company was ordered to pay $1.3 million in minimum wage compensation to over 14,500 employees who were misclassified as independent contractors.

The Department of Labor (DOL) sued the company because home workers paid to answer texts on a piece rate basis were actually employees subject to minimum wage and overtime requirements and not independent contractors. Because of the misclassification, the employer also violated Fair Labor Standards Act (FLSA) recordkeeping requirements. In addition, the Internal Revenue Service (IRS) has stepped up its enforcement activities to target employers with misclassified workers that are not paying appropriate payroll taxes such as Social Security and Medicare.

So, how do you make sure that your independent contractors are properly classified? Answering that question is particularly tricky since three different standards commonly are used by the courts and agencies to determine independent contractor status: (1) the IRS 20-factor analysis, for coverage under federal withholding requirements; (2) the “economic reality” test, used to determine compliance with requirements of the Fair Labor Standards Act (FLSA); and (3) the common law “right to control” test, used by many courts to administer discrimination and benefits statutes. These three tests share several common factors, the most important of which is the amount of control the employer exercises over the work relationship. The IRS considers the existence of an employer-employee relationship to depend on whether the worker is subject to the will and control of the employer, based on 20 factors, including: (1) how much instruction is provided (employees typically must follow instructions as to when, where, and how to perform the job); (2) training (requiring training supports employee status); (3) integration of the worker’s services into the business operations suggests that the hirer directs and controls the worker; (4) whether services are rendered personally by a specific worker, suggesting the hirer controls the methods used to complete the work; (5) whether there is an ongoing relationship, which suggests that an employer-employee relationship exists; (6) whether the establishment sets hours of work, implying control over the worker; (7) whether full-time work is required, which suggests control over the worker; (8) whether the hirer provides tools and materials, which suggests an employer-employee relationship; (9) whether the worker serves more than one firm, which generally supports an independent contractor relationship; and (10) whether the hirer may discharge the worker at any time, indicating an employer-employee relationship. (If you are a subscriber to the PPMS and HR Policy Answers on CD, you can find the full 20-factor IRS test in Pay Procedures, Chapter 305, note 7.)


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© 2013 PROTECTING LOW AUTOMOBILE RATESPRIVACY POLICY | CONTACT US | MOBILE

What They're Saying

Take a look at what they're saying if North Carolina“modernizes” its current auto rate system.

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Newspaper Editorials

Statewide newspaper editorials opposing thedismantling of North Carolina’s system of competitive,low-cost auto insurance.

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News

Drivers of this bill? Not N.C. driversPosted: Mar. 05, 2013 by The Charlotte Observer There’s a lot to like about the unique way car insurance rates are set in North Carolina. The statehas the lowest rates in the South, and the seventh-lowest in the nation. That could change quicklyunder a proposal the legislature is considering.Here’s how it works now: Car insurance companieshave to agree to an industry-wide rate increase (or decrease) each year with the N.C. Rate Bureau.The publicly elected insurance commissioner reviews that request, decides whether it’s justified andcan approve it or seek a lower hike. That approach has...

Apodaca has a better idea on auto insurancePosted: Mar. 10, 2013 by The Ashville Citizen Times Finally, someone has proposed changes to North Carolina’s auto insurance system that mightactually benefit drivers and not just insurers. North Carolina has a model system for two reasons.First, proposed rate changes must be industrywide and can be challenged by the Department ofInsurance. Insurers can charge less than the rate set by law but not more. Second, a reinsurancepool assures that all licensed drivers have access to insurance...

White: Take a peek inside insurance billPublished: Mar. 10, 2013 by The Fayetteville Observer 'Laws are like sausages," Otto von Bismarck said. "It's better not to see them being made." Toomany of us take the great German statesman's advice. I suspect he gave it to keep the public's eyesout of his own political machinations. It doesn't serve anyone but the politicians who are making thesausage. As ugly as the view can be, we need to be political junkies to some degree, because weneed to know what our elected representatives are up to. Too often, they're up to no good...

Goodwin the best insurance for NC driversPublished: Mar. 8, 2013 by The News & Observer When Wayne Goodwin warns that legislators and some in the insurance industry may be up tosomething, it’s fairly safe to assume that...they may be up to something. So let’s hope all these pro-business Republicans in the General Assembly understand that if theyshould act in a way that has North Carolina consumers paying more for auto insurance, and facing

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Are Your Independent Contractors Really Employees? Q&A


The DOL uses the “economic realities test” to determine coverage under, and compliance with, the minimum wage and overtime requirements of the FLSA. The following are among the factors considered by the DOL: (1) the degree of control exercised by the hiring party over the manner in which the work is performed; (2) the relative investments by the hiring party and the worker in materials and equipment; (3) the degree to which the worker’s opportunity for profit and loss is determined by the hiring party or the worker’s own managerial skill; (4) the skill and initiative required in performing the job; (5) the permanency of the relationship; and (6) whether the service is an integral part of the hiring party’s business. The common law “right to control” test is used by courts to determine employee status in various types of cases, including employment discrimination and benefit cases, tax cases, and tort (wrongful act) liability cases. The common law test, as applied by the courts, includes the following ten factors: (1) the extent of control which, by agreement, the hiring party may exercise over the hired party; (2) whether the hired party is engaged in a distinct occupation or business that is usually done by a specialist without supervision; (3) how the worker’s helpers are hired and whether they are paid by the hiring party or the worker; (4) the skill required in the particular occupation; (5) who supplies the means, tools, and place of work; (6) the length of time for which the person is hired; (7) the method of payment, whether by time or the job; (8) whether the work is part of the regular business of the hiring party; (9) whether the parties believe they are creating an employment relationship; and (10) whether the hired party is an actual business entity. (Download free Pay Procedures model policy including HR best practices and legal background.) Fortunately, there are five steps you can take to protect your organization against misclassifying employees:

1. Make sure you understand the various tests and apply them to each independent contractor relationship. It is not enough to meet the standards of one of the tests. You could face a challenge from one agency that results in an investigation by another, so you should try to comply with all of the factors. Further, states may have their own standards that you may need to meet.

2. Enter into a contractual agreement with the worker that explains the independent contractor relationship. The contract will help show what both the hiring party and the worker understood and intended the relationship to be. However, the contract by itself is not determinative; the worker still must meet all independent contractor criteria.

3. Use independent contractors that are set up as separate business entities.

4. If you are using an independent contractor to perform a job that is also performed by current employees, consider carefully whether the independent contractor really meets the criteria. Courts and administrative agencies are less likely to accept the classification if the independent contractor is doing the same job as employees.

Be particularly careful if you have an employee who works two jobs for you, and you classify the second position as an independent contractor. This action may raise a red flag.

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Content for your HR Matters E-Tips newsletter is developed from our flagship publication, the HR Matters Tools and Resource Center, featuring the Personnel Policy Manual System (PPMS). See how it works. Subscribers to the PPMS and HR Policy Answers on CD can find more information on independent contractor status in Pay Procedures, Chapter 305, note 7.

If you don't have access to the PPMS, but would like to have a free, no-obligation 14-day review, go to: www.ppspublishers.com/ppm-ez.htm Or just give us a call at 1-800-437-3735.

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YOU CAN TRUST PPS Information provided in HR Matters E-Tips is researched and reviewed by the HR experts at Personnel Policy Service as well as employment law attorneys. However, it is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.

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Interested in using an article from HR Matters E-Tips on your Web site or in a newsletter? Please contact Robin Thomas, Managing Editor of Personnel Policy Service, Inc., to request permission. You can contact her by email at

[email protected].

Please note that the information in every issue of HR Matters E-Tips is the original, copyrighted work of Personnel Policy Service, Inc., and is protected under U.S. copyright laws. As such, you may not reprint or publish in any format any article or portion of article from HR Matters E-Tips without the express permission of Personnel Policy Service, Inc. Remember, too, we encourage you to pass along any issue of the E-Tips by forwarding it to friends and colleagues.

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Some of you are too young to remember these signs. When I grew up I always counted the length of the drive by the number of Burma Shave signs along the way, Seems like an eternity ago!

Remember you are only as old as you feel.

For those who never saw any of the Burma Shave signs, here is a quick lesson in our history of the 1930's and '40's. Before there were interstates, when everyone drove the old 2 lane roads, Burma Shave signs would be posted all over the countryside in farmers' fields. They were small red signs with white letters. Five signs, about 100 feet apart, each containing 1 line of a 4 line couplet.......and the obligatory 5th sign advertising Burma Shave, a popular shaving cream.

Here are more of the actual signs:

DON'T STICK YOUR ELBOW

OUT SO FAR

IT MAY GO HOME

IN ANOTHER CAR.

BURMA SHAVE

TRAINS DON'T WANDER

ALL OVER THE MAP

'CAUSE NOBODY SITS

IN THE ENGINEER'S LAP

Burma Shave

SHE KISSED THE HAIRBRUSH

BY MISTAKE

SHE THOUGHT IT WAS

HER HUSBAND JAKE

Burma Shave

DON'T LOSE YOUR HEAD

TO GAIN A MINUTE

YOU NEED YOUR HEAD

YOUR BRAINS ARE IN IT

Burma Shave

DROVE TOO LONG

DRIVER SNOOZING

WHAT HAPPENED NEXT

IS NOT AMUSING

Burma Shave

BROTHER SPEEDER

LET'S REHEARSE

ALL TOGETHER

GOOD MORNING, NURSE

Burma Shave

CAUTIOUS RIDER

TO HER RECKLESS DEAR

LET'S HAVE LESS BULL

AND A LITTLE MORE STEER

Burma Shave

SPEED WAS HIGH

WEATHER WAS NOT

TIRES WERE THIN

X MARKS THE SPOT

Burma Shave

THE MIDNIGHT RIDE

OF PAUL FOR BEER

LED TO A WARMER

HEMISPHERE

Burma Shave

AROUND THE CURVE

LICKETY-SPLIT

BEAUTIFUL CAR

WASN'T IT?

Burma Shave

NO MATTER THE PRICE

NO MATTER HOW NEW

THE BEST SAFETY DEVICE

IN THE CAR IS YOU

Burma Shave

A GUY WHO DRIVES

A CAR WIDE OPEN

IS NOT THINKIN'

HE'S JUST HOPIN'

Burma Shave

AT INTERSECTIONS

LOOK EACH WAY

A HARP SOUNDS NICE

BUT IT'S HARD TO PLAY

Burma Shave

BOTH HANDS ON THE WHEEL

EYES ON THE ROAD

THAT'S THE SKILLFUL

DRIVER'S CODE

Burma Shave

THE ONE WHO DRIVES

WHEN HE'S BEEN DRINKING

DEPENDS ON YOU

TO DO HIS THINKING

Burma Shave

CAR IN DITCH

DRIVER IN TREE

THE MOON WAS FULL

AND SO WAS HE.

Burma Shave


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March 18, 2013

IMPORTANT: Auto “Modernization” Bills Filed in the NC Legislature: SB154 & HB265 Dear Valued Agency Partners:

The 2013 legislative session is off to a very, fast start and it is going to be very controversial year as two major auto insurer groups disagree about what is in the best interest of North Carolina consumers. We think it is critical for you to know that although auto insurance is different here than in most every other state, it is not broken. Our system today offers many unique advantages to North Carolina drivers that are not available in any other state. We believe it is very important that you learn more about these bills and how we believe they will impact your future, that of independent agents, employees, customers and millions of NC drivers.

We oppose SB 154 & HB 265. Professional Insurance Agents of NC (PIA of NC) and Alliance of Insurance Agents of NC (AIANC) also oppose them. Independent Insurance Agents of NC (IIANC) supports them. For more than 30 years, we have agreed with IIANC’s position on virtually all legislation, if not all. However, this time we do not. We believe the impact of SB 154 & HB 265 on the NC auto insurance market will be surprising, far more radical and the changes will happen much more quickly than IIANC or even the sponsors of this legislation think. GMAC Insurance is a Charter Presidential Partner of IIANC and we value our relationship with IIANC and their agent members. Good friends disagree from time to time and unfortunately this is one time we do.

GMAC Insurance is the largest writer of auto insurance in NC through independent agents by far. In fact, in 2011, if you add up the auto insurance premiums for the Top 5 Auto Writers in NC through independent agents, GMAC Insurance wrote 43% of it. Agents are very important to us and we are very important to independent agents and their customers.

A few weeks ago, IIANC issued Talking Points supporting these changes and we have responded to each of them.

Click here: IIANC Vs GMAC Insurance Talking Points SB 154 is VERY similar to SB 490. SB 490 was commonly referred to as the “State Farm bill” in the NC Legislature when it was filed in 2011. IIANC opposed SB 490, but now supports SB 154. Some provisions in SB 154 are different than those in SB 490 as you can see from the comparison below. However, we believe the flex rating and file your own rates, rules policy forms provisions that were in SB 490 and are now in SB 154 will have the same radical impact on the auto insurance market as SB 490. Click here: Comparison of SB 490 Vs SB 154 Our current system produces the 7th lowest auto insurance rates in the country. In fact, auto insurance rates in North Carolina today are lower than they were in 2006. The North Carolina Rate Bureau, which these out-of-state companies criticize, has not asked for a rate increase on auto insurance since 2009. The auto insurance market in North Carolina is highly competitive, very stable and consistently provides among the lowest auto insurance rates in the country to North Carolina drivers.

http://www.gmacinsurance.com/images/agencyemail/IIANCVSGMACITalkingPoints.pdf

http://www.gmacinsurance.com/images/agencyemail/2011SB490Vs2013SB154AutoModernization.pdf

Click here: Good Points about NC Auto Market Today

Most importantly, don’t be fooled by these out-of state insurance companies. Insurance companies are allowed to charge as low a rate in North Carolina as they want today. Lowering rates is easy now. Raising them is hard. These out-of-state companies want to make it as easy to raise auto insurance rates in North Carolina as it is in other states. It is very important to remember that NO North Carolina domestic insurance companies support the so-called “modernization” that is proposed in SB 154 & HB 265.

Help us keep rates low in North Carolina. We believe SB 154 and its corresponding bill in the House HB 265, backed by State Farm, Allstate, Geico, Progressive and several other out-of-state insurers, will result in significantly higher auto insurance rates in January, 2015 as there is NO CAP on those rates. From then on, insurance companies will be able to raise their overall rates up to +12% per year with very little the elected Commissioner, who is stripped of his power in this legislation, can do to stop them. Rates for some drivers could increase less than +12% a year, but rates for many others could increase much more than +12% per year. In particular, we believe young drivers, older drivers and over 1,000,000 North Carolina drivers with no accidents or tickets could see their auto insurance rates skyrocket. We oppose SB 154 & HB 265 and we believe the more you learn about them, the more likely you are to join us in opposing them.

Click here: SB 154 Provisions Charlotte Observer Editorial – Drivers of this bill? Not N.C drivers http://www.charlotteobserver.com/2013/03/05/3895766/drivers-of-this-bill-not-nc-drivers.html# Fayetteville Observer Editorial – Driven – Does Meredith bill help consumers or insurance companies? http://fayobserver.com/articles/2013/03/03/1240658 Southern Pines The Pilot – Insurance Proposal Hardly a “Reform” http://www.thepilot.com/news/2013/mar/08/insurance-proposal-hardly-a-reform/ We did extensive liability only rate comparisons of what State Farm, Progressive, Allstate and Geico quote on the Internet in Richmond, VA, Columbia, SC and Atlanta, GA versus the NC maximum rates for the same risk in Charlotte, Winston-Salem, Raleigh, Jacksonville, and Fayetteville. The attached document shows the average rates State Farm, Progressive, Allstate and Geico charge NOW for these risks in GA, SC, and VA versus the average of the MAXIMUM rates that can be charged in NC.

Click here: How Could SB 154 Affect Auto Insurance Rates in NC (No current insurance) Current Insurance Pay Plan Rate Comparison

http://www.gmacinsurance.com/images/agencyemail/GoodPointsAboutNCAutoMarketToday.pdf

http://www.gmacinsurance.com/images/agencyemail/SB154Provisions.pdf

http://www.charlotteobserver.com/2013/03/05/3895766/drivers-of-this-bill-not-nc-drivers.html

http://www.charlotteobserver.com/2013/03/05/3895766/drivers-of-this-bill-not-nc-drivers.html

http://fayobserver.com/articles/2013/03/03/1240658

http://www.thepilot.com/news/2013/mar/08/insurance-proposal-hardly-a-reform/

http://www.gmacinsurance.com/images/agencyemail/HowCouldSB154AffectAutoInsuranceRatesinNC.pdf

http://www.gmacinsurance.com/images/agencyemail/CurrentInsurancePayPlanRateComparison.pdf

Help us make sure North Carolina drivers get the coverage they deserve. Today, all auto insurance companies use the same auto policy. If this legislation passes, auto insurance companies can use their own policy forms to bring enhancements that the proponents support. However, we believe this will also bring the “cut-rate” insurance policies that Allstate complains about in its national advertising to North Carolina. When that happens, a lot of North Carolina drivers will find out after a claim that it is not covered, like it is now. This will create a lot of problems for agents and NC consumers, as customers will be attracted to companies with low rates, but with far less coverage provided. Agents will need to be experts in what the policy and endorsements cover and do not cover for each and every company they represent. The growing coalition that opposes SB 154 & HB 265 currently includes:

*AAA Insurance AAA Carolinas Alliance of Insurance Agents of North Carolina AmTrust Financial Services AARP *Discovery Insurance Company *GMAC Insurance Greenville Casualty Nationwide Insurance *North Carolina Farm Bureau Insurance Professional Insurance Agents of North Carolina Southern General Insurance *NC Domestic Insurance Companies

-------------------------------------------------------------------------------------------------------------------------

WHAT CAN YOU DO TO HELP OUR COALITION OPPOSE SB 154 & HB 265?

TAKE ACTION NOW:

Agency owners should write and/or call their NC legislators and ask them to vote “NO” on SB 154/HB 265. If you know any of your NC legislators personally, definitely call and write them. Agency employees can go to www.LowRatesNC.com to learn more about SB 154 & HB 265. They can also enter in their name and address to find their NC legislators. The “Take Action” section makes it very easy for them to email their legislators to tell them to oppose SB 154 & HB 265.

PLEASE let your TSM know any feedback you receive from your efforts.

------------------------------------------------------------------------------------------------------------------------Should you have any questions, please do not hesitate to contact your Territory Sales Manager or one of us. We know Independent Agents have a choice and we work hard everyday to make that choice GMAC Insurance.

Sincerely yours,

Rick Pierce, CPCU, AAI Mark Devereaux Art Lyon, CPCU Bryon Nelson Sr. Vice-President Vice-President Executive Consultant Sr. Product Mgr Mid-Atlantic Mid-Atlantic

http://www.lowratesnc.com/

8 Ways to Avoid Traffic Accidents and Tickets LegalShield lawyers provide great representation to members who receive traffic tickets. However, it is still much safer and easier

on you if you do not get a ticket in the first place. These tips are designed to help you stay safe on the road and keep you out of the courthouse. If you have been involved in an accident or received a traffic ticket, call your LegalShield provider law firm today.

1. Slow down. Driving too fast is one sure way to end up in an accident or with a ticket. In recent years, many states and

provinces have tightened their laws on reckless driving particularly. If you are caught exceeding a threshold speed, you may be charged criminally, rather than with a simple traffic citation. The penalties for reckless driving may include substantial fines, license suspension and even jail time for repeat offenders.

2. Don’t text or email while driving. Texting or using a smart phone

while driving is now illegal in several states and many localities and may not only earn you a traffic ticket, but also injure or kill you. Numerous studies have shown that texting or using your smart phone while driving substantially increases your chance of injury or death. The number of injuries and deaths caused by distracted drivers has skyrocketed in recent years. Avoid serious injury and death (and tickets) by always safely pulling to the side of the road and stopping before texting or using your smart phone.

3. Never drink and drive. Driving under the influence of drugs or

alcohol puts your life and the lives of others in grave danger. Even blood alcohol levels below your state’s legal limit can impair your driving and increase your chance of injury or death in an accident. First offenses of DUI or DWI may land you in jail and leave you with a criminal record. The best way to avoid DUI or DWI accidents and criminal charges is to avoid drinking and driving all together.

4. Think twice before running a light. Running a red light may save you a few seconds, but it puts you, your passengers and

other drivers around you at risk of serious injury or death. Drivers running red lights cause nearly 1,000 deaths and 90,000 injuries each year in the United States. Red light traffic cameras are now used throughout the U.S. and Canada, so even if you escape injury, you may not escape a ticket.

5. Follow at a safe distance. In ideal road conditions you should leave at least 3 seconds between you and the car in front of

you. If you are hauling a heavy load or driving in wet or icy conditions, leave at least 7 or 8 seconds between you and the car ahead of you. Rear-enders cause nearly as many deaths and injuries per year as intersection collisions.

6. Have your vehicle checked regularly. Defective equipment is no excuse for an accident. Make sure your lights, wipers, brakes, and other safety features are in proper working order. Also, frequently check your tire pressure and wear, especially when the

outside temperatures fluctuate between seasons. Improper pressure and wear could lead to a dangerous blowout.

7. Be prepared for difficult weather. If you are driving in wet or icy weather, allow yourself extra time and drive with caution. If

you are particularly uncomfortable driving in bad weather, stay off the road until conditions improve.

8. Make sure you have the right car seat for your child. It is extremely important to protect your children by ensuring they are

in the appropriate car seat for their age and size. Most states and provinces have strict laws regarding child safety seats. The National Highway Traffic Safety Administration offers a great resource to help parents ensure their children are protected. Click here to visit their website.

For more information on this valuable service or to learn how to become independently wealthy, contact Rick Pegram at www.rickrpegram.legalshield.com

http://www.safercar.gov/parents/carseats.htm

http://www.safercar.gov/parents/carseats.htm

http://www.rickrpegram.legalshield.com/

What Debt Collectors Can and Cannot Do In the United States collection agents are limited in the methods they can use to collect

personal debts by the Fair Debt Collection Practices Act (FDCPA). Personal debts include credit card debt, auto loans, mortgage payments, medical bills and other family and household expenses not used for a business. Canadian debt collection regulations differ by province; however, there are some practices that are generally off limits to all debt collectors. If you are dealing with a debt collector or have any questions call your LegalShield provider law firm today.

Collection agents MUST:

Contact you in writing, or attempt to do so, before taking any further action to collect a debt, including legal actions to secure payment of the debt;

Identify themselves when contacting you about a collection matter;

Provide information on the original creditor and amount owed. The original creditor is the company or institution to which the debt was owed before it was transferred to the collection agency.

Collection agents are NOT permitted to:

Harass you or your family with threats of harm or violence, use of obscene language or by making calls at unreasonable times of day;

Deceive you by providing inaccurate or misleading information;

Send you false legal documents or threaten to take legal action they are not authorized or willing to take;

Charge interest or other fees that are not authorized by law;

Demand payment on an account that you have disputed without providing proof that the debt is legitimate;

Contact your employer, relatives, friends and neighbors for anything other than your direct contact information. In some instances debt collectors may be permitted to contact employers to verify employment, job title and mailing address.

When you need assistance dealing with a debt collector, call your LegalShield provider law firm and speak with an attorney.



9 Legal Tips Every Renter Should Know These tips were developed to help you understand your rights and obligations as a renter

generally. Your rights and obligations are most often determined by the terms of your lease and laws that vary greatly among the states and provinces. Call your LegalShield provider law firm and speak with an experienced attorney who will review the lease document BEFORE you sign it and explain your rights and obligations.

1. Understand the terms of your lease before you sign. One common mistake renters

make is signing a lease without fully understanding their rights and responsibilities. As a LegalShield member you can have an attorney review your lease and discuss it with you before you sign.

2. Purchase renters insurance. In the event of a disaster, your landlord’s insurance may only cover the property the landlord

owns. Renters insurance is generally affordable and offers protection not only for your personal belongings, but also against many personal injury claims that occur on or near your rental property.

3. Your landlord may be responsible for making repairs in a timely fashion and for keeping the premises safe and in compliance with health and other codes. However, the landlord’s responsibility varies depending on the terms of the lease and state

or provincial laws. Always consult with your provider attorney and ask he or she to review the lease with you.

4. In most cases a landlord must give you notice before entering your home. However, this may be subject to change

depending upon the language of your lease or the local laws that apply to it.

5. Never stop paying rent to settle a dispute with your landlord. If you believe that you have a claim against your landlord,

you may not be entitled to withhold your rent. Always talk to your LegalShield provider law firm immediately if you have a dispute with your landlord. Even if you have a legitimate claim against your landlord, the landlord may still be entitled to evict you if you do not pay your rent.

6. Under most circumstances, your landlord cannot take your property, change your locks or turn off your utilities merely because you failed to pay rent. However, the landlord may be able to file eviction proceedings against you in court. Call your

LegalShield provider law firm if you have any dispute with your landlord.

7. Do not break a lease without understanding your rights and responsibilities. In some rare instances tenants can break a

lease without notice, but laws vary and it is important to understand the proper procedure for breaking your lease. If you need to get out of your lease before it expires, call your provider law firm first.

8. Generally, the landlord’s cost for repairing normal wear and tear cannot be deducted from your security deposit. Before moving into and out of a rental property, take detailed pictures of each room. Before and after pictures may be helpful if

the landlord claims damages you did not cause.

9. Your landlord must return your deposit in a reasonable amount of time. Specific time frames may vary. If you need

assistance with the return of a security deposit, your LegalShield provider law firm can help.


The content of this newsletter is intended for general information purposes only, and is not legal advice. Readers should be aware that while certain principles outlined on this site may be similar to principles followed in their own state or province, laws can vary

considerably. © Copyright 2012 Pre-Paid Legal Services, Inc. d/b/a LegalShield℠ One Pre-Paid Way, Ada, Oklahoma

74820 www.mylegalshield.com


http://www.mylegalshield.com/

Mark Your Calendars!

AccuAuto’s South Carolina / Georgia Insurance Convention 2013

May 16 – 18, 2013

Sonesta Resort Hilton Head Island

AccuAuto invites South Carolina and Georgia Insurance Agents, CSRs, Insurance Companies and Insurance Vendors to enjoy the most fun, most educational and most affordable Insurance Family Getaway anywhere in the Southeast.

More information at www.AgentsFirst.org

FYI Express’ Insurance Expo 2013

July 11-13, 2013

Marriott Gwinnett Place, Duluth GA

3 days of Edu-Tainment for Georgia Insurance Industry plus the largest Insurance Industry Trade Fair in the Southeast.

More information at www.FYIGeorgiaViews.com

http://www.AgentsFirst.org

http://www.FYIGeorgiaViews.com

aianc's street wise - march 2013

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