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... remarks at the end of this article about how to protect yourself In a malpractice suit against an insurance broker by its customer, the New Jersey Supreme Court decided that insurance brokers may not rely on a customer's failure to read his insurance policy as the basis of a defense of comparative negligence. Aden v. Fortish, 169 N.J. 64 (2001) Before this decision, there have been numerous decisional pronouncements that an insured had an obligation to read the policy provided to them. Indeed, the Appellate Division had upheld the right of an insurance producer to raise the issue of comparative negligence, and had held that the issue was one for the jury to decide in the context of comparing the negligence of two parties and determining proximate cause. In Aden v. Fortish, a fire damaged a condominium owned by the plaintiff and the condominium association's policy failed to cover the damage to the interior of the premises. Because the plaintiff's policy only provided $1 ,000 of coverage, plaintiffs were required to pay about $20,000 in repair costs. Plaintiffs sued the broker for allegedly neglecting to procure adequate coverage for the risk of loss. The broker filed an Answer contending that the plaintiffs failed to read their policy to determine if what they received is what they ordered, and that this failure made the plaintiff's comparative fault greater than that of the broker. The essence of the claim was that the broker didn't produce a policy with adequate coverage. The broker's defense was that, even if he did provide inadequate coverage, the plaintiffs had an obligation to read their policy. If they ...

... remarks at the end of this article about how to protect yourself In a malpractice suit against an insurance broker by its customer, the New Jersey Supreme Court decided that insurance brokers may not rely on a customer's failure to read his insurance policy as the basis of a defense of comparative negligence. Aden v. Fortish, 169 N.J. 64 (2001) Before this decision, there have been numerous decisional pronouncements that an insured had an obligation to read the policy provided to them. Indeed, the Appellate Division had upheld the right of an insurance producer to raise the issue of comparative negligence, and had held that the issue was one for the jury to decide in the context of comparing the negligence of two parties and determining proximate cause. In Aden v. Fortish, a fire damaged a condominium owned by the plaintiff and the condominium association's policy failed to cover the damage to the interior of the premises. Because the plaintiff's policy only provided $1 ,000 of coverage, plaintiffs were required to pay about $20,000 in repair costs. Plaintiffs sued the broker for allegedly neglecting to procure adequate coverage for the risk of loss. The broker filed an Answer contending that the plaintiffs failed to read their policy to determine if what they received is what they ordered, and that this failure made the plaintiff's comparative fault greater than that of the broker. The essence of the claim was that the broker didn't produce a policy with adequate coverage. The broker's defense was that, even if he did provide inadequate coverage, the plaintiffs had an obligation to read their policy. If they ...

... purchasing decision Selling, on the other hand, is the process of direct, persuasive communication with potential buyers to get a decision and a commitment to buy, ' says Wesley. Selling activities include the following: Screening identified prospects to ensure that they are willing to listen, need the benefits offered, and have the authority (and ability) to make a buying decision Presenting the benefits of the product/service by eliciting and answering questions Questioning to pinpoint the prospect's special needs and barriers to buying Problem-solving and persuading to remove the barriers to a decision Closing the process by actively leading to a firm commitment with the prospect OK, let's put this definition of marketing into more practical terms. Say, for instance, you've heard that a local zoning committee has approved a block of apartment buildings for condominium development. You realize, after doing some checking, that your agency offers various types of Condominium insurance in addition to the regular Homeowners. Among other policies, it offers added protection for losses to the condominium's common areas (not all of which would be covered by the unit-owner's Homeowners insurance); and it offers protection for individual condo board members who are personally liable for claims made against condo officers and directors. You know your product has a definite benefit to offer; and you know the market you are targeting. Now all you have to do is educate the prospects about their need for that benefit to complete the marketing effort. Find out the names of the unit owners and the condo board members. Mail them information about the coverage your agency offers, or give them a telephone ...

... . I'd suggest something like, I know you're concerned about the cost of your Homeowners coverage, especially with the price going up this year. But can I ask you a question? If your home were totally destroyed by fire, would the cost of your insurance be your primary concern? ' Of course not. Then discuss what would happen in the unlikely event of a total loss, perhaps using specific examples from high-profile situations. This is indeed a disturbing situation, and not an isolated example. Unfortunately, the hard market (combined with insurer concerns over mold and other issues) has a tendency to bring out the dark side' in some agents. FACULTY RESPONSE The Oakland-Berkeley Hills, CA firestorm of 1991 resulted in 3,236 total and 2,892 partial Homeowner, Renter, Condominium, Dwelling and Apartment unit losses. Several agents were undervaluing building replacement cost estimates and relying on the guaranteed replacement cost provisions to cover the difference. The practice became evident quickly as the losses were being adjusted. The increased cost to 34 insurance companies who upgraded and reformed policies following the loss was $274,017,306. This was the sum paid in addition to benefits within their previous policy limits. This practice might also violate the agent's contract with their company. A number of insurers reformed their agent agreements following the Oakland-Berkeley Hills fire. I suggest that the concerned agent document these practices and take the information to the national (not the local) office of the insurance company. I've done this several times and found that reporting a pattern of abusive practices can stop it on ...

... agent pontificate about the advantages of "Plan A" versus "Plan B." This dynamic might be changing. Insurers have cleared a huge hurdle for online sales — the need for a customer signature — either by using credit cards to bind coverage until the policy can be issued or by legalizing electronic signatures. Despite this advance, a very low percentage of insurance transactions are being handled online. ATTENTION, ONLINE INSURANCE SHOPPERS! Even though insurance buying has barely gained a foothold in cyberspace, insurance shopping certainly has. A number of "aggregators" have emerged as technological hand-holders in the consumer's quest for online insurance quotes. The most prominent is InsWeb, a service that searches for competitive rates on Health, Life, Auto, Motorcycle, Watercraft, Homeowners, Motor Home, Renters, and Condominium coverages from such major carriers as State Farm and Nationwide. Insweb also provides live customer service, interactive tools, and independent research. Participating insurers pay InsWeb a fee in exchange for steering business their way. Online powerhouse Intuit has gotten in on the action with QuickenInsurance, which offers quotes on bread-and-butter Personal Lines and Term Life products. LOWER, FASTER, AND EASIER The driving force behind online insurance sales operations is the potential to slash sales overhead, speed up delivery, and offer buyers "shop at home" convenience. Just as online banks are reducing operating costs by eliminating brick-and-mortar locations, Internet insurance aggregators have streamlined sales operations and cut delivery costs, passing the savings along to consumers. At a time when consumers are expressing a greater comfort level with online credit card usage, online ...

... , and two children arrived safely in the United States and prepared to begin anew. Under the Shah's regime, he had been a colonel serving as the equivalent of a mayor for a large city. She was an educated housewife. After the Shah's overthrow, they became literally penniless. He began driving a taxi, since he couldn't find executive-level employment. She took computer training for database entry. Today, he owns a dry cleaner in an upscale suburb of Los Angeles and she works as a middle-level manager for a major credit card-processing company. One daughter is married and has moved out of state, and the other lives at home and works in the loan department of a bank. From an insurance perspective, this family now owns the dry cleaning establishment, a new suburban home, the condominium in which they used to live (now rented with a positive cash flow), three nearly-new vehicles, and two dogs. It's not hard to imagine the insurance they need to purchase every year. Today we're finding examples like this throughout North America. Budding minority entrepreneurs are opening small businesses, while education is opening corporate doors for many second- and third-generation minorities. In other cases, many foreign nationals sent here on corporate assignments for multinational firms are choosing to stay, and many wealthy citizens from Asia are migrating here and purchasing homes and businesses with hard cash. Despite all this, most agents' tunnel vision ignores minorities, often precluding any marketing efforts to gain their business. One Business Tackles The Market A friend of mine is the second-generation owner of a Chevrolet dealership. He ...