https://completemarkets.com/Article/article-post/2794/How-Risk-Assessment-Tool-in-Insurance-Broker-CRM-Improves-Quoting-Precision/
How Risk Assessment Tool in Insurance Broker CRM Improves Quoting Precision
Insurance brokers play a vital role between clients and insurance providers. Risk assessment is the lifeline of their professional practice. Brokers who assess risks with precision build strong business relationships that work for everyone involved.
The precision of quote generation has a direct impact on client satisfaction. Customers who receive tailored quotes feel valued by the insurers, which helps in building trust from the start. This original positive connection guides them toward higher conversion rates and better client retention.
A full picture of risk assessment helps brokers protect themselves from potential liability issues. Brokers who document risk factors and match appropriate coverage shield themselves from claims of negligence. Their professional dedication creates a reputation for reliability that spreads through client networks.
A modern CRM for insurance agency operations makes risk assessment more streamlined. Insurance brokers who utilize specialized insurance agent CRM software work faster while keeping their risk evaluations accurate.
Embedded Risk Assessment Tool in Insurance Broker CRM: Improving Quoting Precision
Insurance agent CRM software serves as a central hub that organizes client data and streamlines communication to boost efficiency. The CRM for insurance brokers does much more than simple contact management. It includes specialized risk assessment tools that revolutionize the quoting process.
The native risk assessment module in insurance CRM solutions enables brokers to evaluate risks using diverse factors. Smart algorithms assess client data, industry trends, and historical data to discover potential risks that brokers might disregard during a manual assessment approach. This enables brokers to recommend coverage options that target certain vulnerabilities rather than generic scenarios.
These platforms come with immediate practical benefits:
Risk assessment tools automatically gather and analyze client information, reducing manual data entry errors. This automation ensures consistent evaluation standards across all client assessments.
Cloud-based systems enable team members to access and update risk profiles from any location. Multiple brokers can collaborate on complex cases without version control issues or communication delays.
Customizable risk templates ensure all brokers follow the same evaluation procedures. This standardization improves quality control and reduces assessment inconsistencies between team members.
CRM for life insurance agents really shines when tracking health changes and life events that affect policy needs. Advanced platforms blend with third-party data services. This gives brokers rich information about properties, businesses, and individuals without needing multiple subscriptions or research tools. Such a combined approach saves time and improves accuracy in assessments.
Visual Metrics Offered By Risk Assessment Tool in Insurance Agency CRM
Visual intelligence leads modern CRM for insurance agency solutions. These powerful graphical tools turn complex risk data into useful information that insurance professionals can understand quickly.
1. Client Risk Scorecards
Client risk scorecards offered by the risk assessment tools show detailed visual snapshots of each client's risk profile. Color-coded scorecards help brokers spot high-risk areas and coverage gaps right away. Insurance professionals can detect patterns and unusual trends to make better recommendations. The scorecards work well as communication tools that explain risk factors to clients and make abstract concepts easy to understand.
2. Portfolio Risk Distribu...
Dynamic visualizations in insurance CRM solutions help brokers understand risk distribution throughout their client base. Insurance agent CRM software with portfolio charts enables professionals to spot risk concentrations by industry, geography, or coverage type. This broader viewpoint helps agencies balance their business and prepare for market changes before they affect profits.
3. Exposure Maps and Geospatial Heatmaps
Geospatial tools create visual maps of risk across locations. CRM for life insurance agents uses these maps to show geographic concentrations of health risks or mortality factors. Property insurance professionals use them to identify natural disaster zones, crime hotspots, and location-based risk factors that shape pricing and coverage decisions.
4. Claims Propensity and Claims Velocity Charts
These visualization tools show past claims patterns and predict future activity. Brokers learn about clients or industries with higher claim frequency. This knowledge helps them tackle potential problems before they turn into losses.
Key Ways Risk Assessment Tool Embedded in Insurance CRM Drive Modernization
Risk assessment tools within insurance agent CRM software are driving a technological revolution in the brokerage industry. These integrated systems are reshaping traditional insurance practices through several key innovations.
I. Enhancing Underwriting Precision with Informed Analysis
Modern CRM for insurance agency operations uses sophisticated analytics to refine the underwriting process. The system assesses client histories, discovers patterns, and forecasts future risk scenarios with greater precision. This enables brokers to make decisions based on extensive factors rather than basic information or intuition.
II. Improving Policy Personalization and Product Suitability
Insurance agencies can invest in the development of a tailored CRM for insurance brokers to manage and access extensive client profiles. CRM for life insurance agents makes it easier to recommend appropriate coverage options that align with their customers' needs. This approach replaces the generic marketing approach that dominated the insurance sector in the past.
III. Accelerating Decision-Making and Policy Issuance
The automated workflows in insurance CRM systems accelerate the quote-to-policy process. Tasks that once took days now take hours or even minutes to accomplish, improving policy issuance effectiveness and client satisfaction.
IV. Strengthening Fraud Detection and Prevention Mechanisms
Smart risk assessment algorithms in insurance CRM systems can discover suspicious patterns or inaccuracies that might denote fraudulent activity. These tools flag potential problems before policy distribution, which protects the reputation of insurance firms.
V. Supporting Regulatory Compliance and Risk Governance
The CRM for insurance brokers meets complex regulatory requirements by automating compliance checks and documentation. Agencies can remain compliant while focusing their energy on serving clients instead of managing paperwork.
Final Words
Modern risk assessment tools in insurance broker CRM systems are reshaping how professionals assess client needs and create accurate quotes. These tools help brokers make evidence-based decisions instead of relying on gut feelings or limited data. So, agencies now offer precise coverage recommendations that target specific risks rather than one-size-fits-all solutions.
Risk scorecards, distribution charts, and geospatial mapping give brokers quick insights that once took hours to analyze. Professionals can spot patterns fast, predict problems, and explain complex ideas to clients clearly. This better communication builds trust and strengthens client relationships right from the first meeting. These integrated systems represent more than just better operations. They signal a transformation toward precision, personalization, and proactive risk management.
https://completemarkets.com/Article/article-post/2229/INSURANCE-AGENT-BROKER-LICENSING/
Insurance Agent/Broker Licensing
INSURANCE AGENT/BROKER LICENSING by Marcus Ramsey Growing your agency's business might require you to obtain licenses in other states. Most experienced agents/brokers comprehend and are willing to do what it takes to ensure that the commercial side of the transaction succeeds. However, some seem to forget all this hard work is wasted if project planning fails to allow adequate time to obtain proper licensing in the target state(s). 'Ramsey's Rules' outlined below will direct you toward obtaining and maintaining proper licenses to help your new venture prosper. (I assume that anyone who reads this article already holds insurance licenses in one or more states but needs (at least one) additional license in another state to take advantage of a business opportunity. RAMSEY'S RULE #1: NEVER RELY SOLELY ON THE FREELY GIVEN ADVICE OF OTHERS. I am constantly reminded of the number of intelligent, thoughtful agency executives who for all intents and purposes jeopardize their business by accepting half-baked advice from someone they would not trust with their car and daughter on prom night. Obtaining the licensing information as the first step of your new project/program (not your third, 15th or 23rd step). How do you go about obtaining this information? Contact the agent licensing section of the department of insurance of the target state and request a copy of its agent/broker license instructions and application forms (see the State Insurance Department Directory in back). Most states have their own specific, easy-to-follow instructions on the licensing process. Get this packet and quickly read through it even if you intend to delegate the project of obtaining the license to a member of your staff or retain a consultant or licensing service. In fact, reading over the instructions will give you a good idea of the time and effort involved in obtaining the necessary license and whether you or a staff member will have the time to prepare, file, and follow up on license issuance within the time constraints you are working under. You should consider retaining outside assistance when you plan to seek licenses in several states at the same time. Be sure that whoever is going to do this work can focus the necessary attention on the project to complete it as quickly as possible. RAMSEY'S RULE #2: IF SOMEBODY ELSE IS DOING THE WORK FOR YOU, MAKE SURE YOU KNOW AT LEAST GENERALLY WHAT IS INVOLVED, REQUIRE PERIODIC PROGRESS REPORTS, AND QUESTION ANYTHING THAT SEEMS WRONG TO YOU. Remember, it is YOUR business and you had better look out for its best interests unless you are looking for a career change. RAMSEY'S RULE #3: RELATE THE LICENSING REQUIREMENTS TO YOUR ACTUAL BUSINESS SITUATION. Clearly define how you intend to operate and identify the key points to be covered in licensing. Licensing services and consultants who do licensing work usually ask the client to complete a form which requests most of the information contained on state application forms. This information is then typed onto the appropriate state forms and returned to the client for rechecking, signature, and attachment of the proper fees. The problem with this approach is that planned operations might not match license authorization. That can mean trouble later, unless someone is willing to take a couple of extra minutes to be sure everything is right. The answer to simple questions such as, 'Will you write Life/Disability or Property/Casualty coverages or both?' and 'Do you intend to open an office in the target state or do you plan to operate from your existing office?' will help define the types of licenses needed. Whether you intend to conduct business as an individual, partnership, or corporation can have a direct bearing on whether a license can be obtained for that entity (a few states, such as Alabama, issue nonresident licenses only to individuals, not to partnerships or corporations). If you are seeking a license for a corporation, make sure that an application for individual licenses are also filed. When you receive an approval, make sure you have approval for the corporation and all individual transactors. By carefully outlining how operations will be conducted, you can dictate whether you need to seek licensure as an agent, broker, managing general agency, surplus line broker, etc. Sometimes you find that you do not need to obtain a license in another state. For example, some states, such as California, do not require nonresidents to obtain a license to insure risks with incidental exposures in the state as long as the unlicensed nonresident does not enter the state to solicit, service, or inspect the entities insured; However, other states, such a Texas, do require nonresidents to be licensed under the same circumstances. Keep in mind that 'entering' the state may include obtaining information by mail and telephone as well as physical presence inside the state. Also, many states will not issue a surplus line broker's license to a nonresident except in connection with a risk retention group. If your activities will involve related services by the same or by one or more related entities, such as a third-party administrator or claims adjuster, check to see if those activities require licensing as well and, if they are, be sure that those licenses are obtained as well for the corporations and all individuals involved. 'FC&S Bulletins' published by the National Underwriter Company and the 'State Licensing Requirements Guide' published by Pictorial, Inc. offer helpful summaries of state licensing procedures and provide invaluable overviews of each state's licensing and continuing education requirements. Even if someone else is going to do the licensing work for you, you should at least review the state's overview/summary. RAMSEY'S RULE #4: OBTAIN AND REVIEW EACH STATE'S INSURANCE CODE. If someone else will actually do the licensing work for you, it may be enough for you to review a state overview or summary during the application process. However, the individual handling the licensing work for you MUST obtain and review all applicable sections of the target state's insurance code. Once the license has been obtained, you will need access to a copy of the state insurance code, regulations, and bulletins. How can you obtain another state's insurance code? Some state departments of insurance sell or can refer you to a source for a relatively inexpensive copy of the state insurance code, the department's regulations, and the department's bulletins. Otherwise, contact the National Insurance Law Service (NILS) or another law book publisher. If you are comfortable 'surfing the net,' you will find pricey but instant access to on-line law libraries on the Internet. Another possible source is the law library maintained by a local bar association or a nearby law school. RAMSEY'S RULE #5: IF THE WORK NECESSARY TO OBTAIN THE LICENSE(S) SEEMS TOO EASY OR QUICK, YOU ARE PROBABLY ON THE WRONG TRACK. This sounds cynical, but the people who drafted agent/broker licensing laws and regulations never considered whether the requirements being adopted would make it easier for the agent/broker to make a living. Just filling out the forms won't suffice. Most states require that you provide a copy of your license certified by your home state insurance department. If you are seeking licenses for a corporation, you probably will also need to obtain a copy of the articles of incorporation and/or certificate of good standing certified by your home state's Secretary of State. As a rule of thumb, it takes 30 to 60 days to gather all the information necessary to file the application. Once the application has been filed, don't expect to receive the approval by return mail: approval time frames of 60 to 90 days or even longer are not uncommon in certain states for certain types of licenses. Because the licensing process can be terribly slow (even when the process moves quickly, it is very slow), you need to begin as soon as possible. Since you cannot start writing the program/account until you have the necessary licenses, processing delays may push you beyond your frustration tolerance level. However, all you can do is relax, breathe deeply, and try to make sure that you aren't the reason for the delay. Keep the ball in the department's court by making certain the application and any required supplemental information are complete in every respect. Many states will simply return an incomplete application without action. Once the application and all necessary supplements have been submitted, your application will be 'ripened' according to the season of the year in a big pile of similar forms. Discount any claims by license services or consultants that they can obtain the license you need significantly faster than anyone else on earth. To deliver on such a promise, it would be necessary to overcome the Universal Laws of Orderly Bureaucratic Work Flow and Form Processing. While occasional triumphs over this inertia have been reported, they are rarely confirmed by reliable sources or any documented evidence. Only a complete application will allow unimpeded progress step to step. Again, if you make it your business to know generally what's involved in obtaining the license(s) you need and if you monitor activities through periodic progress reports, you should be able to assess the quality and timeliness of the work being done on your behalf. RAMSEY'S RULE #6: ONCE YOU OBTAIN THE NECESSARY LICENSE, KEEP IT CURRENT TO AVOID REPEATING THE RIGMAROLE. You should apply this rule to all licenses, permits, and/or corporate authorizations held. For example, don't assume that meeting your home state's continuing education requirements will be sufficient to retain the license(s) obtained from other states. If your home state does not have a continuing education requirement, you will probably need to meet the continuing education requirements for each state in which you are licensed. Also, maintaining corporate authority usually requires making one or two filings each year. Make sure that you, your attorney, a consultant you have retained, or someone on your staff is assigned to monitor and ensure that all requirements are met when due, that all necessary filings are made in a timely manner. Demand that your files be clearly documented to show what must be done, what has been done, when it was done, who received copies, the check number, the date, the amount of any fees paid, etc. In summary, obtaining agent/broker licenses in new states can sometimes be a frustrating, humbling, time-consuming exercise which is nonetheless a necessary part of an agent/broker's success. In many ways, producer licensing is a lot like building a campfire: In the warmth of the glow, one can scarcely remember gathering the wood. STATE INSURANCE DEPARTMENT DIRECTORY Alabama, 135 S. Union St., Montgomery, AL 36130, (205) 269-3570 Alaska, P.O. Box 110805, Juneau, AK 99811, (907) 465-2515 Arizona, 2910 N. 44th St., #210 Phoenix, AZ 85018, (602) 912-8466 Arkansas, 1123 University Ave., #400 Little Rock, AR 72204, (501) 686-2900 California, 700 L St., 4th Floor, Sacramento, CA 95814, (916) 322-3555 Colorado, 1560 Broadway, #850, Denver, CO 80202, (303) 894-7499 Connecticut, P.O. Box 816, Hartford, CT 06142, (203) 297-3800 Delaware, 841 Silver Lake Blvd., Dover, DE 19901, (302) 739-4251 Dist of Columbia...) 266-8699 Wyoming, 122 W. 25th St., Cheyenne, WY 82002, (307) 777-7401 This article was written by Marcus Ramsey, CPCU, principal of Ramsey Consulting Services, 14026 Donart Drive, Poway, CA 92064, (619) 748-6315.
https://completemarkets.com/Article/article-post/2729/Tips-To-Forward-Your-Career-As-An-Insurance-Broker/
Tips To Forward Your Career As An Insurance Broker
If you think you’re right for a career in insurance, you’ll have to know the right path to travel to reach the peak of your potential. Networking and internships should help you get started in the industry while you’re still being educated, but there’s much more to come after you’re done with school.
Take some time to start planning for the future, and make the moves you need to succeed. Here is a brief look at a few tips to help you forward your career as an insurance broker.
Determine a clear goal within the insurance sector
There are nine different ways you can go when you’re working your way into an entry-level position in insurance. It’s important to mark out your path early on in your journey, so you can properly prepare for what’s to come.
You can choose to go the route of a broker, underwriter, loss adjuster, risk manager, claims investigator, loss control specialist, actuary, marketing representative, or appraiser. Each position has its own specialties, so figure out what to learn while your journey is young.
Work to obtain a professional designation
The path you choose for entry into the insurance world will require specific certifications and licenses, but you can also work towards the CIP (Chartered Insurance Professional) designation.
A CIP designation shows that you have the foundational qualities to meet basic industry standards. If possible, do what you can to start this designation while you’re still in school.
Research employers and thoroughly prep for interviews
When it’s time to step into your profession, you don’t want to take a position that doesn’t really fit. Research is key. Just as there are several entry points in insurance, there are many different types of insurance companies.
When you’re applying for a job in the field, you need to clearly identify your goals. Your goals are important for identifying your own path, but they also look good on your application.
Remember you’re always selling yourself
If you’re in the business of insurance, you’re selling much more than a coverage policy. Whether you’re on the job or just working towards getting a job, you need to be able to sell yourself as well as the insurance.
Once you’re practicing your specialties, you'll need to know how to market what you are selling as well. If you want to be an overachiever for your agency or yourself, learn how to apply SEO to insurance. Taking your profession to the digital level is always a great way to expand your business potential.
Work on developing your communication skills
Working in insurance means you’re working with people. If you don’t have good people skills, you may not have the desired outcome in the long term. Invest in developing your communication skills on a business and personal level....
https://completemarkets.com/Article/article-post/2564/Its-a-Small-World-Doing-Business-Abroad/
It's a Small World: Doing Business Abroad
The international insurance market offers a variety of benefits to independent agents and brokers. It provides a perfect tool for solidifying your Commercial Lines accounts and insulating them from inroads being made by alphabet house brokers. International insurance operations also offer an entree to new product lines and markets that will expand your facilities abroad. For example, U.S. agents can introduce their expertise in such lines as Auto, Medical, Surety, and Workers' Compensation to third-world countries that are privatizing these coverages. Canadian brokers can expand their expertise in out-of-country private Medical insurance and, potentially, Workers' Compensation.
Doing business abroad can introduce agents and brokers to new international markets, both primary (with such carriers as AGF, Allianz, Generali, and Winterthur), and reinsurance/variable insurance programs (financial reinsurance, stop-loss reinsurance, catastrophe reinsurance, etc.). The international market encompasses the national accounts division of major companies, offering creativity, capacity, and flexibility, enabling the agent or broker to approach accounts on a broad basis. Examples include Aetna, AIG, Chubb, Great American, The Hartford, and Reliance National.
Agents and brokers can access the captive market either by establishing a captive for a corporate client or renting a captive to facilitate international exposures, self-insured retentions, and a potential profit center. The international market has captive facilities in such locations as Bermuda, Barbados, Ireland, Guernsey (the Channel Islands), and Luxembourg.
BUILDING EXPERTISE AND INTERNATIONAL KNOWLEDGE
AIG Chairman Hank Greenberg highlighted the success of operating internationally at the 1992 IMMS convention in Scottsdale, AZ. Greenberg has led his very successful organization to develop business in China, the United Kingdom, Europe, South America, Canada, and the United States. For example, AIG has extended its expertise in financial banking to U.S. corporate clients that do business in Asia but find their U.S. bankers unwilling to take the risk of providing financing abroad. Similarly, many IMMS members are large surety brokers with a wealth of expertise and knowledge of their corporate clients. They can extend this expertise internationally by working with companies such as AIG, which understand foreign markets.
FREE TRADE AND THE WORLD INSURANCE MARKET
The U.S.-Canadian Free Trade Agreement has accelerated the growth of Canadian firms into the United States, while mid-sized U.S. firms have expanded into Canada. There has been some growth in Mexico but not to the extent experienced in Canada and the U.S.
Anticipating passage of the Free Trade Agreement, many companies began to position themselves in the Canadian market during the early 1980s. They saw Canada as an entry-point for export into the United States because Canadian laws are less punitive, particularly in the areas of product liability. Many of these firms are insured by the multinational alphabet-house brokers who provide extensions of coverage from a master program established in Europe or Japan.
A few IMMS members have succeeded in meeting some of the essential insurance requirements in such lines as Products Liability through major insurers in Canada, particularly those with operations in the United States. Agents have been able to access U.S. insurers that frequently include Canadian exposures under their U.S. coverage.
European insurers are following their European manufacturing accounts into North America. Canadian brokers and U.S. agents are involved in placing insurance in Canada or the United States on behalf of the European insurers and their clients. Generally, European insurers believe in long-term arrangements and are eager to work with IMMS member agents and brokers to facilitate this business.
The trend is to ensure an international account with a major insurer that will issue policies in the various countries either through its own subsidiary or with a friendly insurer, participating in the risk taking. The underwriting is done centrally from the parent insurer with a broker appointed in the foreign country based on regulatory requirements and facilities under the direction of a master broker.
THIRD WORLD INVESTMENT AND INSURANCE
The insurance industry has traditionally followed the growth of other industries. Investment from the United States and Canada in such developing regions as Eastern Europe, South America, and Asia offers opportunities to insure the manufactured and exported products. A recent example is Canadian investment in manufacturing portable sawmills in Eastern Europe, which are exported to 20 countries, including the United States and Canada. The Canadian client has requested insurance for the sawmills. In this regard, the coverage can be placed in the Canadian, U.K., or U.S. markets.
ALL BROKERS AND CARRIERS AREN'T CREATED EQUAL
Here are a few recommendations for choosing a CORRESPONDING BROKER:
Look for individual expertise and enthusiasm.
Set an equitable commission split. In most cases, this should be on a 50-50 basis. However, if the corresponding broker does the majority of the work in placing the account, its split should be higher.
Negotiate a non-competition agreement.
Offer the broker one or two accounts to determine the level of interest and service.
Meet with the corresponding broker at least two to three times per year.
Set up separate portfolios for the international business within both brokerages to measure the amount of business and related expense.
To select a CARRIER for your international accounts, I would suggest that you:
Bear in mind that most insurers have problems with international accounts because of policy wording, regulations, accounting, currency, and organizational differences.
Work primarily with the corresponding broker in the placement of the account. Additionally, a number of excellent international insurers and regional insurers can provide local underwriting, engineering, and support of an international account.
Qualify the insurer using these criteria:
Financial stability-a Best's rating of "A" or higher
Corporate culture
Multi-state facilities
Ability to work with a captive
Ability to "front" if required
Technical expertise by specific lines of business: Personal Lines, Commercial Lines, Automobile, General Liability, Life and Health, Workers' Compensation, etc. Do not necessarily seek an all-lines insurer, since the carrier might not have the expertise across the board. What's more, the insurer might not want to write in certain regions, such as Florida, Texas, Massachusetts, British Columbia, or Quebec. Selecting the appropriate international insurer will be depend on the region, expertise, capacity, and flexibility in the strategic classes of business for your client (i.e., Auto, Product, Liability, Workers' Compensation, etc.).
OF LAWS AND REGULATORY REQUIREMENTS
Agents and brokers need to be aware of significant technical, legal, and regulatory differences between the U.S. and Canadian market. The U.S. requires more detailed filings for all products sold. Canada requires filings only for Auto insurance. In addition, U.S. agents are required to provide detailed rating and statistical codes for most product lines when seeking quotations from insurers.
The regulatory issues for agents and brokers are generally similar, with carriers and agents/brokers regulated on the state or provincial level. In Canada, provincial regulation dovetails with self-regulation for brokers in the provinces of Quebec, Ontario, and British Columbia. Canadian insurers may be regulated by the government of the province in which they are domiciled. However, most insurers are federally regulated, which allows them to operate nationwide. U.S. insurers are required to obtain licensing in each state in which they do business.
Some Canadian provinces, notably Ontario and Quebec, impose a sales tax on insurance premiums. This means the broker has to collect this tax and remit it to a provincial regulatory department. There are also rigorous requirements on brokers regarding the placement of insurance with non-licensed insurers, which could affect your international accounts.
Some significant differences are found in such product lines as No-Fault Auto insurance, Environmental coverage, and Workers' Compensation. For example, since there isn't subrogation under Workers' Compensation for most industries in Canada, Comprehensive General Liability in the construction field does not have the same exposures as a similar situation in the United States would.
TWO PEOPLES DIVIDED BY A COMMON LANGUAGE
Agents and brokers should also consider cultural differences between the United States and Canada that can affect the conduct of business across the border. For example, the United States tends to be more forms oriented. Accounts are also larger because of the population (approximately 10 times greater than that of Canada) and the inclusion of substantial Workers' Compensation premiums. This results in a U.S. agent receiving a larger commission and anticipating a similar type of revenue in servicing a subsidiary of a Canadian account. Unfortunately, the premium account size tends to be much smaller for Canadian accounts, which leads to limited interest by some U.S. agents.
The Canadian decision-making process tends to be faster. Insurers on international accounts and generally larger accounts will respond within 30 days. The process in the United States is usually much longer (60 to 90 days) because of the detail required and multi-state involvement.
REVERSE FLOW BUSINESS: ON THE RISE
"Reverse flow" business-involving domestic subsidiaries of foreign parents-is playing an increasingly important role in the international insurance market. These accounts will continue to grow as smaller to medium-sized U.S. accounts expand into Canada. Canadians have high technical skills in aviation, automotive, steel, and automation, competing actively on a global basis. For example, all of the Ford Windstars for the North American market are now made in Oakville, ONT. Such economic activities result in Canadian IMMS member brokers working with IMMS member agents in the United States to insure these accounts.
This business can be expanded in Life & Health insurance, pension consulting, and possibly placement of insurance in emerging third-world countries. Such nations as Argentina, Brazil, Chile, China, the Czech Republic, Malaysia, Mexico, Thailand, and Vietnam are on a fast track for economic development. This growth offers a perfect opportunity to expand the IMMS network, with U.S. and Canadian members leading and coordinating the Commercial accounts for business extended or originating in these countries.
MAKING YOUR MOVE
Here's some advice for any agent or broker who'd like to have a piece of the action in the international insurance market:
Target your existing and prospective clients who either export or provide work for international companies on a joint venture or licensing basis.
Identify their exposures: Auto, Health, Marine, Products Liability, Workers' Compensation, and so forth.
Make an arrangement with IMMS correspondent brokers principally in the following states: California, Illinois, Maryland, New York, Texas, Washington, D.C., Washington State.
Try your first account with the corresponding broker before aligning on a permanent basis.
Create a system to follow in placing your international accounts.
Identify key individuals in the brokerage to handle the international accounts.
Reach an agreement with the corresponding broker on the priority of international accounts.
Visit your corresponding broker in advance and frequently thereafter.
Talk to selected insurers about facilitating international accounts.
...
https://completemarkets.com/Article/article-post/1707/INSURANCE-DISTRIBUTION-TRENDS-AND-THE-EFFECTS-OF-CHANGE/
Insurance Distribution Trends And The Effects Of Change
INSURANCE DISTRIBUTION TRENDS AND THE EFFECTS OF CHANGE It's remarkable that the insurance industry has experienced only evolutionary - not revolutionary - change in its structure, processes, systems, and culture over the past 50 years. This is due partly to the regulatory nature of the industry and partly to exclusive and/or vertical agency agreements between insurance providers and agents. In this regard, the insurance industry is similar to banking and many other investor-owned utilities that are price regulated by the states and obligated to serve society. This situation is about to change because several external and internal factors are putting increasing pressure on the industry at a faster pace. The drivers of change include financial pressures, consolidation, advances in technology, regulation, and rising consumer expectations and empowerment. Interestingly, these are the same forces that are already impacting other industries in profound ways. Financial pressures in the personal computer industry caused by declining margins, rapid product obsolescence, and growth of the consumer market created havoc among franchised distribution companies such as ComputerLand and Entre. This resulted in the formation of a two-tier distribution system (distributors and dealers) as a means of addressing both financial constraints and market demand. Now companies such as Dell and Gateway are trying to shift the distribution system further by selling directly to end users. The rapid growth of the Internet is clearly responsible for the unprecedented market cap of Charles Schwab in contrast to the largest securities brokerage firm, Merrill Lynch. Electronic trading, available 24 hours a day, seven days a week, is restructuring commission fee arrangements and transforming brokers from order takers into financial advisors and knowledge workers. Rapid deregulation of the airline industry in the late 1970s and early 1980s permanently reshaped the relationship between airlines and travel agents. Today travel agents are more focused on the end-user (corporate and consumer), and are becoming fee-based service providers. Furthermore, many are consolidating and becoming super-retailers to counterbalance the power of bigger airlines and global alliances. The exclusive franchise system that has served the automobile industry for generations is giving way to the popularity of auto superstores such as CarMax and AutoNation, a consequence of channel consolidation and rising consumer expectations. This recent transformation is propelling auto makers such as Ford and General Motors to buy out their independent dealers and form separate equity-owned distribution companies, similar to what Coca-Cola did with its independent bottlers through the creation of Coca-Cola Enterprises in the mid-1980s. This research study attempts to uncover the changes that have occurred in other industries confronted by the same drivers of change. We chose travel agencies, personal-computer dealers, securities brokerages, and automobile dealers for the reasons discussed above. We also interviewed independent insurance agents for their opinions and observations of necessary and desired changes that the independent insurance agency system must engage in the coming years to survive and grow the business. It's inevitable that insurance agencies will continue to consolidate to become full-service agencies on a national scale. However, small boutique insurance agencies specializing in niche marketing or unique insurance products will also keep growing. Similarly, independent insurance agents will be disintermediated (eliminated as the middleman) by the Internet, although only for selective product lines, e.g., low-margin commodity products that consumers are willing to purchase without an agent's advice. At the same time, there will be fee-based reintermediation (in which intermediaries are introduced into new relationships or their roles and responsibilities are expanded). And insurance agents will emerge as infomediaries. Finally, both insurance companies and independent agents will learn to cooperate and collaborate with each other to serve end users more effectively and efficiently. At the same time, it's likely that some insurance companies will acquire or invest in their distribution partners in the same way pharmaceutical companies dealt with their distributors (Merck buying Medco and Baxter acquiring Hospital Supply Corp.). Not all the observations, conclusions, and recommendations found in this report will be applicable to all independent insurance agents. Each one will have to analyze their own context and drivers of change and attempt to use lessons learned from other industries and other independent insurance agent companies to determine their own path. MAJOR TRENDS OUTSIDE THE INSURANCE INDUSTRY Embrace of technology. Regardless of the industry, suppliers and distributors alike are embracing the Internet and other advances in technology to propel their businesses to new levels. Those who adopted the Internet early on seem to love the new playing field, while latecomers are scrambling to catch up. Channel shifting. Financial pressures and consumer expectations are driving suppliers to distribute their lower-margin products through the most economical channels, sometimes bypassing intermediaries or reducing their commissions in pursuit of profitability. But this is only one side of the story. New roles in sales and service. A growing number of suppliers is viewing the product sale as the acquisition cost for securing long-term customer relationships. Increasingly, their intention is to find ways to free their distributors from the low-profit transaction and allow them to concentrate on higher-profit, value-added service and support. Consumers paying for service. As the roles of the supplier and distributor change, so do the distributor's compensation models and sources of revenue. Value-conscious consumers are clearly willing to pay for services rendered, but the greatest challenge to distributors in moving to a fee-for-service model is establishing price. Successful sales strategies. Growth opportunities will always exist for boutique-sized businesses as they provide specialized services to compete with the largest-volume players. Whether through volume or specialization, success is reserved for those with vision, courage, and an instinctive orientation toward consumer needs. Integration of supplier-distributor efforts. Suppliers recognize that the distributor ultimately controls the relationship with the customer. To assure that distributors can and will sell their products, suppliers are increasing their efforts to integrate marketing and communications with their distributors to ensure that a consistent message reaches the consumer. New efforts in cross-selling. The Internet as a medium has made cross-selling more advantageous than ever before to suppliers and distributors. The synergy of products and services offered is providing a tremendous convenience for consumers in their quest for one-stop shopping. Changing relationships between suppliers and distributors. In just the last few years, relationships between suppliers and distributors have undergone dramatic changes, forcing a reevaluation of commitment and responsibility to one another. While no single course of action has emerged as the standard, the suppliers and distributors who value their existing partnerships are working more closely together and as a result creating stronger, more unified relationships with their customers. CHANGE WITHIN THE INSURANCE INDUSTRY Here are some important questions for the independent insurance agency system: Are we responding to consumers' changing needs and desires? Is what we're providing today materially better than what we provided five or 10 years ago? Have we embraced the available technology? Do we understand what business we're in (i.e., selling insurance to buyers or helping them manage risk)? Are we prepared for the new competitors on the horizon (if not in our face) who will embrace technology, operate efficiently, and respond to the needs of the consumer? Are we improving the quality and efficiency of our working relationships with our business partners? Are we asking for and expecting more from ourselves and our business partners? Are we actively and aggressively finding ways to eliminate inefficiencies, duplication, and waste? Do we know where we can best strategically position ourselves for the future? Unfortunately, for many within our industry, the honest answer to several of these questions is "no." For them, the future is bleak. Fortunately, many agencies and carriers are aware of the changes, see this as a time of tremendous opportunity, and are actively doing something about it. We hope that this study will educate, stimulate, and motivate our industry to action. For some, it's a wake-up call. For others, it'll provide direction and ideas on what to do. For still others, it'll confirm what they already know and provide some additional perspectives that may allow them to further develop and make positive future efforts. STEPS TO SUCCESS The following steps will help to ensure the future of the independent insurance agency system: Stay attuned to change. Assume an optimistic attitude and perspective. Focus on serving the customer better. Match customers, products and services, and distribution channels. Pursue strategic affiliations and alliances. Develop and implement a technology strategy. Elevate relationships between agencies and carriers. In most of life's endeavors, the attitudes and perspectives of the individuals involved will be the most crucial factors in determining the level of success achieved. This is as true in the world of business as it is in sports. When conventional ways of doing business are challenged and the level of performance must be improved or materially adapted, positive attitude and perspective become imperative. TEN REASONS TO BE OPTIMISTIC ABOUT THE FUTURE In the current economy, the one who controls the customer is king. Insurance agencies have direct contact and good relationships (or their potential) with their customers. Most insurance isn't a commodity product. Buyers of nearly all lines of business require technical and professional assistance to understand and to purchase the most suitable product. This complexity makes insurance difficult to sell on the Internet. Even insurance that could be considered a commodity product can be confusing, considering the volume of options and alternatives available and the significant implications of purchasing the right coverage and limits with a financially stable insurance company. As a result, advice and professional assistance are needed. Technology can empower small independent agents by giving them and their customers access to products, services, and information that historically has been only available to larger organizations. Although compensation for selling insurance may go down, compensation for servicing and providing professional advice is going up. Many insurance companies that historically have distributing their products through captive agency systems are beginning to utilize the independent distribution system. Attractive opportunities exist for agencies to create alliances with other firms and so gain better access to prospects, capital, technology, and other resources. Existing challenges and opportunities are great. The reality is that many agencies won't respond proactively, which presents tremendous opportunity for those that do choose to take action. Many of the factors that are critical to the long-term success of an insurance agency are within the agency's control. There's abundant room for improvement in almost every aspect of our business. ELEVATING RELATIONSHIPS BETWEEN AGENCIES AND CARRIERS The central focus of this study is the distribution system, particularly the relationship between suppliers and distributors. As we've seen in other industries, changes are occurring in the relationships between these parties, including the roles and responsibilities assumed by each, the nature and quality of the end product being delivered to the customer, and the overall success being achieved by each party. The recent threat of disintermediation has haunted distributors in many industries. Many have questioned whether insurance agents will soon find themselves cut out of the insurance delivery system. The research in this study suggests that widespread disintermediation won't occur. For every example of intermediaries being squeezed out of the picture, there are comparable examples of reintermediation. If an intermediary is adding value to the transaction, its position is secure. We see both good and bad in many agency-company relationships. On the positive side, carriers and agents/brokers have provided valuable services and quality products to a large segment of the economy. At the same time, significant opportunities exist to improve the quality of these products and services. Additionally, there's enormous room for improvement in the efficiency and quality of the relationships between insurers and agents/brokers. For insurance carriers, agents, and brokers to enhance their relationships, a number of things will have to occur: Each will need to focus on improving the quality of their own performance and partnering with those who hold themselves to similar standards. Decisions need to be made with the recognition that each is dependent on the other and that helping the other succeed will enhance individual success. The level, depth, and substance of communications need to be improved. Investments need to be made on both sides in proactive and visionary strategic planning. Mutual commitments must be honored. The hallmark of the performance-based relationship is accountability. Concerted efforts need to be made to eliminate existing duplication of effort, inefficiencies, and unacceptable error ratios. Automation and technology need to be mutually embraced by all parties to allow for quantum improvements in productivity and to increase the quality of service provided to customers. Agents need to recognize that they are sales and service providers, and insurers need to provide the necessary tools, resources, and support to enable agents to effectively distribute their products and services. Compensation needs to be performance based. As roles and responsibilities shift, compensation needs to appropriately reflect the additional responsibilities assumed by each party. This study was written for the Independent Insurance Agents of America (IIAA) by Reagan Consultants, an Atlanta-based management consulting firm that serves insurance agents, brokers, and companies, as well as financial institutions. You can contact them at (800) 261-4422. ...
https://completemarkets.com/Article/article-post/2330/CLAIMS-MANAGEMENT-AN-IMPORTANT-PART-OF-A-SUCCESSFUL-INSURANCE-PROGRAM/
Claims Management: An Important Part Of A Successful Insurance Program
CLAIMS MANAGEMENT: AN IMPORTANT PART OF A SUCCESSFUL INSURANCE PROGRAM by Elizabeth Shaw, CPCU This writing is based on one simple premise: The integration of claims management into a commercial insurance product during the early stages will improve the results of the insurance program. Just as a marketing plan defines the distribution process and an underwriting plan defines the risk selection and rating processes, a claims management plan to define the response process is the logical third piece, and is just as important to the success of the insurance program. To begin the discussion, let's interpret the insurance product from the perspective of an insured or affinity group of insureds. The insurance product is: a coverage contract providing protection from the financial results of accidental loss service and advice from an agent/broker and the carrier, at times critical to the insured Next let's analyze what an insured or a group of insureds expects from an insurance program. They expect: the coverage they need as defined by the law and/or the group or organization's risk philosophy, at a price that they believe is fair and in line with the organization's financial goals the service they want for maintaining the coverage they need. This service might include having all their questions answered, getting proactive advice as business conditions or market opportunities change, and getting professional assistance leading to prompt resolution when claims occur Traditionally, all parties involved with providing insurance have recognized the significant impact of claims considerations only after losses have occurred. The importance of proper reserving for the rating process and timely, accurate reports on actual losses for strategic decision-making and loss-control activities is undeniable. More directly, the claims process delivers the promises called for in the insurance contract, and therefore plays an integral part in the program. But what about before the fact? To be most effective, claims management should be discussed before the losses have occurred and even before the coverage has been decided upon and bound. As the continuing soft market for commercial casualty business attests, the days of the insurance market alone determining the availability of coverages and the rates charged for those coverages are gone, probably never to return. A commercial insured today insists on having more control over its own financial destiny. Accidental losses leading to claims are obviously an important part of that financial destiny. The commercial insured today is more sophisticated and has many more options for exercising control than ever before. Some of the control is achieved by implementing loss-control measures. Other options relate to risk financing, each of which may create important claims ramifications. The risk-financing options now available include: new and/or larger retentions through deductibles, self-insurance, and captive reinsurance increased bargaining power through association sponsorship of insurance programs, purchasing groups and risk retention groups, and specialty niche programs customized for particular affinity groups Most critical for this discussion is another important benefit that insureds are also coming to expect in their insurance programs: understanding how their claims will be handled and having some input into the process so as to address their insurance requirements and support their financial and business goals better. Doesn't it then seem logical to integrate a program or account-specific claims management understanding into the overall insurance program at the outset, rather than assuming that the claims will simply take care of themselves as long as there are adjusters handling them? Line claims people, including those in management positions, do operate under a claims management plan. Every insurance carrier with any kind of claims staff has documented general procedures and standards for its claims department that it uses for dealing with common, and even not so common, claims issues. These procedures and standards are applied across the board for all policies and all insureds, and they are needed for fairness, consistent contract compliance, and ease of internal management. Authority levels for loss reserves and settlements, geographical and organizational work distributions and adjuster caseloads, and philosophies for establishing reserves and providing a defense are among the issues usually addressed by these standards. Unfortunately, because of the carriers' size and organizational concerns and the carrier's own financial interests, these standards are generic and often fairly inflexible, especially when specific claims concerns are not considered during the account or program planning process. Individual account or program issues are not particularly weighed when the procedures are established, and often account and program issues are not considered when the procedures are practiced. Claims veterans are even heard to say that 'a claim is a claim is a claim is a claim.' Insureds, as they become more knowledgeable and more assertive in their efforts to control their financial destiny, are not likely to concur with this characterization, especially when the claim in question is theirs. Furthermore, when claims standards and philosophies are not discussed with insureds until losses have occurred, they are likely to come to light as apparent conflicts. Through market opportunities becoming available to them, insureds are able to participate to some degree in planning the coverage to be provided and the rates to be charged, and the way the coverage will be coordinated with the methods and levels they have chosen for retention and risk financing. Why should they not expect to have some initial understanding of who will handle their claims, how and by whom and within what legal and ethical parameters their claims will be defended, or some input into when and for how much their claims are settled? This is not to advocate that insurance carriers should abandon the claims discipline to their insureds, any more than they similarly abandon the underwriting discipline. However, as proper underwriting criteria for risk selection and rating differ under the circumstances of different programs or accounts, different market conditions, and different carrier appetites, the procedures and standards that dictate claims practices can also differ and still be proper legally and actuarially. For instance, good claims practice dictates that subrogation from a viable third party, once identified, should always be pursued because the policy provides the carrier that right. But what if the viable third party happens to be an important client of the insured and an attempt to recoup a claim expenditure could interfere with the insured's continuing relationship with that client in the long run? Especially when the insured participates in the ultimate financial exposure for the loss, whether to subrogate becomes not only a claim decision but also a business decision. As another example, cost-effective claims philosophy dictates that small claims even if somewhat questionable, usually be settled early at a nominal cost (commonly called nuisance value) to prevent the need for incurring further investigative and defense expenses. But what if the insured believes that such a settlement in a particular case will encourage more claims of the same type and feels that a stronger defense posture in that case, though not individually cost effective, could prevent a proliferation of similar claims? There is no definitive answer to these situations. But an early claims management discussion, inviting input from the insured, can provide additional guidance to the claims adjuster and acceptance from the insured before they act as general procedures dictate. But claims practices that are within the legal and actuarial requirements of the carrier AND that best meet the an individual account's expectations are unlikely to occur by chance. Moreover, the time after the loss or period of losses is clearly not the best time to discover general procedures conflicting with the insured's or group's expectations or needs. Unfortunately, that is when the discovery is most likely to take place. The best time is upfront, while the program is being designed and the deal negotiated. That is when the communication lines are uncluttered by losses that have already occurred and by the potential frustration of unmet expectations. In direct contrast to abandonment of the claims discipline, I recommend taking the time to explain and agree to a claims strategy that takes into account the insured's goals and the carrier's responsibilities. The specific advantages of having a program-focused claims management strategy include: Establishing communication lines to discuss routine and non-routine matters and to encourage a meaningful exchange to anticipate and provide for claims concerns Defining a role in the claims process for the insured or group that adds value to the claims-management process Determining useful measurement tools for the insurance program in relation to claims. Communication is the exchange of ideas and information. Effective communication is essential to a successful relationship and is the first step toward meeting the goals of all parties. Establishing and practicing meaningful, consistent communication procedures should occur from the outset of the relationship to prevent confusion or surprises later on. Exchanges regarding claims during the planning stages can encourage meaningful communication later on about claims matters. The successful use of such lines of communication for nonadversarial problem-solving and general reassurances could be as critical to an insured as premium cost. Part of the communication process is providing information, but the other part is receiving and understanding the information provided, including the attitudes and philosophies it reflects. Claims discussions should take into account the level of satisfaction of the insured's organization, with claim methods and results from the past and the reasons behind those opinions. Claims situations intrinsic to the particular type of business and to certain functions within the organizations should be considered. All concerns relating directly to claims handling should be identified and analyzed. But these claims issues cannot be meaningfully considered if they are not even mentioned during the planning process. If they are simply presumed to be addressed by generic claims practices designed to be consistent and meet the carrier's organizational management system, disappointment or conflict is likely to arise. The key is to establish the relationship in the earliest stages of the insurance program as a means for routine communication, not exchanges that take place only when a problem has developed or has escalated to potentially serious proportions. Meaningful communication requires an ongoing relationship between the parties, which is difficult to establish under the duress of frustration on both sides. Communication leads to smoother claims handling and a more satisfied insured. The second advantage of a claims management understanding is that it can specifically provide a means for the insured's input. The role of the insured or the group in the claims management process should be designed around the goal of advancing the appropriate and effective management of the losses under the program. Some of the obvious activities in that role are delineated in the Conditions sections of a standard insurance policy, such as reporting losses promptly to allow the investigation process to begin within the earliest possible time frame. Although especially important in Workers Compensation claims because of statutory time frames imposed on those responsible for paying benefits to injured employees, prompt reporting is important in every line of coverage. Another activity is to cooperate fully with the investigation efforts, including relaying all the facts as they are known, allowing access to knowledgeable personnel, and encouraging an open interchange of information as claim facts develop. An insured attempting to control the scope of the investigation by withholding pertinent information, regardless of the motivation, could limit the ability of the claims person to structure a competent defense. Claims people make their living investigating, evaluating, and resolving losses and complying with statutory requirements and court procedures. The insured person or group is rightfully concerned with the challenges, opportunities, and limitations for furthering the business purpose of their organization and the impact of claims on that business. Claims people welcome input and cooperation within areas of the insured's expertise. This vital contribution, based upon the insured's area of greatest knowledge and experience, adds value to the process and imparts an insight into the organization or business, the products or services, and the political and philosophical workings within the organization or profession. A subtle balance must be maintained between desirable input and inadvertent interference in the claims-management process. An agreement about the insured's involvement in the claims process, balanced with the available professional claims expertise, best promotes the basic purposes behind the insurance program of real savings in loss costs with long-term strategies (not short-term tactics). The third advantage of a focused claims-management strategy is to establish a set of claims ground rules and expectations against which actual results can be measured. As business and market conditions evolve, measurement tools are essential to enable the insured as well as the insurance professionals to evaluate the current insurance program and make necessary modifications over time. Taking the time during the planning stages to establish claims-measurement tools that are consistent with the goals of the insured and the insurer is well worth the effort. In conclusion, the basic premise of this piece was that integration of claims management in the commercial insurance product will contribute to improved results from the program. The insurance broker or agent achieves program success through binding the insurance program and expanding it over time. The insured or group achieves program success by promoting its own favorable financial results and having its insurance program meet its expectations. The insurer achieves program success through profitable underwriting results and retention of a profitable account. Encouraging discussions to anticipate and provide for claims concerns and establishing communication lines for nonadversarial problem-solving, defining a meaningful role for the insured or group in the claims-management process, and determining effective claims measurement tools, enhance the chances for success in all these areas....
https://completemarkets.com/Article/article-post/623/E-O-Failure-To-Read-A-Policy-Is-No-Defense/
E&O: Failure To Read A Policy Is No Defense
Although the case cited in this article centers on a New Jersey ruling, it highlights the potential for exposure in all states. Our subsequent conversation revealed a simple method of avoiding this E&O issue. See our 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 weren’t satisfied with the amount of coverage provided, the failure to read this policy would be 'greater negligence' than the negligence of the broker. The Appellate Division ruled that this was an issue for jury consideration based on existing decisional law.
The Supreme Court indicated that inasmuch as the broker stands in a fiduciary relationship to the insured, brokers 'may not diminish their liability under the comparative negligence act when the alleged negligence of the client relates to the past for which the professional was hired. That rule is premised on the heightened responsibility of professionals in this state.'
The court based this decision on the principles of two previous cases: Rider v. Lynch, 42 N.J. 465 (1964), and Weinisch v. Sawyer, 123 N.J. 333 (1991). These cases held that a broker engaged to obtain insurance must exercise reasonable skill and is expected to possess reasonable knowledge of the types of policies, the different terms, and coverage available to the insured. The law had held that if the policy produced by the broker was more than materially deficient or didn’t provide the coverage that the producer undertook to supply because of the producer’s failure to exercise skill or diligence, the producer became liable for the loss sustained. The court ruled in this case that this ruling 'does not prevent brokers from contending during the trail that an insured’s failure to read the policy severed the casual connection between the broker’s fault and the insured’s harm.'
The court ruled that had Aden read his policy, he would’ve been entitled to assume that the $1,000 he had in dwelling coverage was sufficient. The producer’s professional obligation was to ensure that the condominium association policy, combined with the policy he procured for Aden, provided adequate coverage. The court indicated that there was no way the insured would understand that he only had $1,000 of coverage — even if he’d read the policy. The producer failed to explain this to him.
The court did set forth some specific exceptions to this ruling — noting that in some actions against an insurance company, but not involving a broker, an insured may be charged with the responsibility to read the policy.
The court held that when two parties enter into a contract, they may have an obligation to read the contract because if they assent without doing so, they can’t assert later that their agreement was different from that expressed in writing. Even in the contract/reformation context, there are exceptions to the rule, as when an insured 'in all likelihood, will not read (the policy) over again and may not fairly be expected to do so.'
When an insured employs a professional insurance intermediary they have the right to rely on the broker’s presumed competence in executing the instructions given. An insured who hires a broker does so to reduce, if not eliminate, the risk that an inadequate policy would create.
The court’s expressed it this way: 'Insurance consumers who instruct their brokers to provide coverage are entitled to have those instructions followed without regard for the insured’s failure to protect the broker’s negligent conduct.'
All insurance brokers need to be aware of this decision and should make sure that their clients read and understand their policies and coverages. Failure to read the insurance policy produced by the broker may not be used as a defense of comparative negligence.
I called Dembling after I read this article and discussed a simple solution to this problem. If you discuss coverage with an insured and they agree to an amount that might be insufficient to provide full coverage, you’d be wise to have them sign an agreement stating that they chose the specific amount of insurance. Granted, this course of action won’t relieve the agent’s liability if the insured assumed in any way that the agent would provide sufficient coverage to protect the insured’s property, as was the case in the court action cited....
https://completemarkets.com/Article/article-post/2445/Independent-Contractor-Producers-Do-They-Pose-Higher-Risks-For-Agencies-Today/
Independent Contractor Producers: Do They Pose Higher Risks For Agencies Today?
Across the country there are independent insurance agents and brokers whose producers are either fully employed as employees by the agency/broker, or are affiliated with the firm through an independent contractor producer relationship. Agency and broker owners should review their independent contractor producer relationships currently in place to ascertain if the firm risks having a governmental agency reclassify the independent contractor producer as an employee. The risk of this reclassification occurring falls to the agency and its owners and can cost hundreds, if not thousands, of additional expense and tax dollars.
This article will explore the independent contractor producer role found in insurance agencies and brokers, attempt to analyze the risks and potential problems these independent contractor relationships can develop, and compare the required 'tests' for an independent contractor status employed by various state and federal governmental agencies with the everyday procedures, controls and management needs an agency has and desires over its producer sales force.
WHY BE CONCERNED IF A PRODUCER IS AN INDEPENDENT CONTRACTOR?
If you have an agency and pay other people (producers) to do work for you, or on behalf of your business, you may be faced with the risk of unanticipated tax liabilities if the individual you consider as an independent contractor files a claim for unemployment, disability insurance, or fails to pay his/her own employment taxes. Producers providing services to, or on behalf of, your agency in reality may be your employees (per employment classification and tax purposes), even though you (and they) believe they are independent contractor producers.
Agencies that hire independent contractor producers avoid responsibility for:
Social Security taxes and/or Medicare premiums
Workers' Compensation insurance premiums
Unemployment insurance
Health insurance and retirement benefits
Liability for a worker's actions or results
These items may vary on a state by state basis.
If the independent contractor producer is injured, he or she cannot collect disability or workers' compensation insurance benefits, and independent contractor producers are not eligible for unemployment insurance. Independent contractors can be held liable for their own actions and results, instead of being protected by the insurance agency and its own insurance coverages (automobile, general liability, errors and omission coverages).
A large agency risk pertains to potential tax liabilities. Independent contractors must pay quarterly income tax and Social Security self-employment taxes on their net taxable income. Adding federal income tax and state income taxes, the payout can be quite large. If independent contractor producers spend this money elsewhere rather than remitting it to the proper tax authorities, there can be trouble. Upon investigation and application of 'common law' factors, if the 'independent contractor producer' happens to be reclassified and declared an employee by a governmental agency (for whatever reason), the risks and liabilities for these tax liabilities, payments (and penalties) become the agency's responsibility.
A CLEAR DEFINITION OF AN INDEPENDENT CONTRACTOR
As business owners, agency owners must understand the very basic concepts required by an independent contractor relationship and needed for this designation to be successfully defended and upheld. These concepts apply regardless of the type of business:
One mistake can cause an independent contractor to be reclassified into the employee status. Any action taken by the firm or the firm's employees to control independent contractors can cause this conversion. The key is who has the right to control the worker and dictate how the work is to be accomplished. If the firm only has control over the results of the activity, the worker can be correctly designated as an independent contractor. (Examples of this right to control are explored further in this article.)
Should an agency control or attempt to control an independent contractor's work, such as the enforcement of requirements to abide by procedures, adhere to certain business rules or programs, etc. Most likely, the status of the worker will be reclassified as employee and the agency can be held liable for employment taxes, benefits and other liabilities.
If the agency has the right to terminate a producer if they breach their contract or their work is unacceptable, then most likely the relationship will be deemed an independent contractor. However, if that agency can fire the producer at will, his or her legal status more likely will be declared as an employee. Those agencies who declare producers as independent contractors, yet have no contracts in place, have no contracts which can be breached!
These firms therefore face higher risk than those firms with contracts. Any agency with independent contractor producers working under 'oral agreements' will have a great deal of difficulty defending and explaining investigations into grounds for termination, inquiries regarding work standards (what is acceptable and not acceptable work?), and agreements regarding compensation, expenses responsibilities and liabilities for activities/work performed.
Many agencies are known to have a number of producers employed as employees and other producers designated independent contractors. Just because an independent contractor producer has the same job, title, or performs the same type of work as the employee producer does not mean their status cannot be different. The defining criteria is based on how the agency treats the producer. The test for liability is whether the agency (owners, employees, management) either directly or indirectly has the right or ability to supervise or otherwise control the time, place, and manner in which the producer carries out his or her job.
Unless the agency owners and management clearly do not have the right to supervise and control the producer, either directly or indirectly, an employment relationship probably exists. Here again, any sign or indication of control or supervision can trigger an investigating governmental agency's decision to reclassify an independent contractor producer as an employee producer. From there, liabilities, payments and penalties become the responsibility of the agency.
Government rules (state and federal) determine if a worker is an independent contractor. The IRS, federal and state laws are the entities which judge the relationship. Although the agency or broker might even have formal contracts in place (or oral agreements), these are not proof of an independent contractor relationship.
As court decisions and/or legislation will significantly change the rules governing independent contractor relationships it is key agency owners consult with their legal counsel or experts familiar with such requirements to make sure current rulings and laws are understood and adhered to. When it comes down to the final analysis, workers (producers) are employees unless the agency or broker can prove themselves differently.
THE IRS, GOVERNMENTAL AGENCIES AND YOUR AGENCY
Should the Internal Revenue Service ever audit an agency or broker, and independent contractors producers are in place, the IRS will potentially reference 20 'common law' principals to test for fraud or misclassification. In addition to the IRS, various federal and state governmental agencies are also involved in determining whether workers are independent contractors (or employees). These include employment development departments, workers compensation appeals boards, immigration and naturalization services, departments of labor and various labor commissions, and state tax/revenue services.
Like the IRS, these agencies use the same determining factors to detect if the business firm has no right to control the work of the worker. The IRS audit of independent contractor producers in an agency or broker can conclude the agency failed to satisfy the requirements, and such failure may result in additional audits for the past three years, with the risk that agency owners will be potentially penalized for each misclassified producer, whether it was done deliberately or was an honest mistake. One mistake can cost the firm dollars in liabilities, back taxes, and penalties.
COMPARE YOUR AGENCY TO THE 'COMMON LAW' PRINCIPALS
As stated previously, the IRS and various state and federal governmental agencies use 20 'common law' principals or tests for the employment relationship between employee and independent contractor. While each governmental agency may have developed its own list of factors to reference, for the most part they have much in common with the IRS factors. A number of the more important factors are listed below. After each factor, questions or issues are poised to test the realities of independent insurance agencies' and brokers' operations and to assess how well these practical operational issues match up to the 'common law' tests.
1. No instructions: Independent contractors (producers) are not required to follow instructions to accomplish their tasks. Clearly this factor is contrary to the needs agency owners and managers have to ensure their producers (whether employees or not) follow guidelines which are designed and needed to control how business is produced. The need to have fully completed applications and underwriting/pricing information, the desire for producers to follow work-flow procedures for new business and renewals, and the requirements for placing/marketing business with specifically targeted carriers and markets, are ignored if the agency is unable to compel (control) producers to follow instructions.
The very need to have agency procedures and rules in place and correctly followed by producers may simply be enough to have any independent contractor producer reclassified as an employee by a governmental agency, as these rules and procedures give the agency the right to control the producer and how he or she works. If an agency has producers who are employees and others who are independent contractor producers (and there are agencies that have this), then the solicitation, information development, marketing and service of clients would have to be accomplished in a completely different manner if performed by an employee producer compared to an independent contractor in order to defend and preserve the independent contractor producers' status.
2. No training: Independent contractors rarely receive training to perform a task. Here too, a reality check would show training, retraining and educational upgrading is essential to attaining and maintaining successful agency staff and work force efficiency and productivity levels. To have independent contractor producers not be required to meet standards of education and training would be unacceptable.
3. Service (or portions thereof) can be rendered by others, i.e., independent contractor producers should have the ability to hire others to do their work for them. It is doubtful any agency or broker would welcome the involvement of a third party (unrelated or not connected with the agency) to perform the marketing, placement, sales and service activities for clients. To meet this test, an independent contractor potentially must also be able to have his or her own CSRs, claims people, etc.
In addition, the independent contractor must be able to hire, supervise and pay assistants independent of the agency/broker employer. Last, the independent producer should have control of and determine the sequence of duties and activities necessary to finishing a job. Here too, this requirement flies in the face of an agency's need for adherence to standardized systems and procedures and an agency's willingness or allowance to have non-agency representatives contacting and servicing clients and customers.
4. The independent contractor decides when and where the work is performed.
Again, for an agency or broker, this flexibility 'test' is clearly opposed to the need for work to be performed at the agency's office premises.
5. Independent contractors may work for more than one firm. What agency would feel comfortable allowing an independent contractor producer to solicit, quote, market, and service clients through a number of agency outlets, especially other local competing agencies? By failing this 'common law' factor, the independent contractor producer may be reclassified as an employee.
6. Independent contractors must be able to show they have made investments in their trade allowing them to work independently of the agency's facilities. This requirement is contrary to most producer relationships: agency producers (independent contractors or employee producers) rarely have their own markets, their own information and financial systems, etc. In fact, rarely do independent contractor producers have any investments in their business beyond an automobile, cell phone and a briefcase! While an 'investment' might have been made by the independent contractor producer in developing his or her own book of business, the day-to-day sales and service activities cannot function without markets, carriers, a service staff and information and financial processing capabilities.
Most agencies supply their independent contractor producers with the same facilities as employee producers (office, staff, phones, automation, markets, etc.), and the only differences which may exist between the two types of producers is solely related to compensation differences and 'ownership' in the book. Here too the practical inability for an independent contractor producer to operate without an agency affiliation may cause failure of a 'common law' test.
7. Independent contractors are liable for any expenses and liabilities they might incur in performing their duties. 'Street level' reality shows most independent contractor producers paying their own sales expenses (auto, gas, client entertainment, etc.), but in most cases the independent contractor is covered under the agency's errors and omission policy. Rarely do the producers have their own general liability coverages (outside of automobile insurance) and errors and omission insurance. Having an agency cover any expenses and/or liabilities may trigger another 'common law' test failure.
8. The type of work the independent contractor performs is not the hiring business' primary work. Here a major conflict exists in agencies and brokers relative to successfully defending any independent contractor producer status. Outside of service, what more do agencies and brokers (i.e., through its producers) do besides sell insurance products and coverages and provide customer service to clients?
9. Independent contractors cannot be dismissed at will; otherwise they are automatically declared employees. Whether an agency has an independent contractor relationship spelled out in writing, or not, the independent contractor cannot be fired so long as he or she produces a result stated in their 'contract.' Any poorly written contract and/or a vague 'oral contract' will put the agency at risk and the independent contractor producer status will be potentially disallowed.
Although the above list is not inclusive of all 20 'common law' factors applied to test for independent contractors, agency and brokers must recognize the failure of meeting the test of any one or more of these factors can potentially have an independent contractor producer reclassified and declared as an employee. With this declaration, agencies and brokers are potentially faced with increased liabilities, requirements for payment of back taxes, and an assessment of penalties.
INDEPENDENT CONTRACTOR PRODUCERS: ARE THE RISKS WORK IT?
With clear governmental criteria in place to define and test for true independent contractor relationships versus employee classifications, all agency and broker owners must compare their own operations and judge for themselves if their businesses are at risk.
Owners should meet with their legal counsel and/or experts (governmental agencies representatives, personnel consultants) who work closely with businesses regarding independent contractors and walk through each 'common law' factor to ensured that their agency would not fail any one or more of the tests and subsequently be at risk for and suffer financial penalties. It may be that the era of independent contractor producers in insurance agencies and brokers has come to an end. The need to develop consistent and thorough underwriting information, control the marketing and placement of business, and adhere to standard methods, procedures and automation criteria, plus increased demands for owners to become better and stronger business managers all may far outweigh the benefits of safely declaring producers as independent contractors; rather, they may require producers to become pure employees....
https://completemarkets.com/Article/article-post/1615/FEE-VS-COMMISSION-DOES-IT-MAKE-A-DIFFERENCE/
Fee Vs. Commission-Does It Make A Difference?
FEE VS. COMMISSION-DOES IT MAKE A DIFFERENCE? The following article focuses on the insured's perspective of fee and commission based broker remuneration. Understanding the philosophies of both can better prepare you in developing your own income strategies. How does the risk manager determine whether to pay the broker on a fee or commission basis? Does one method have any advantage over the other? How does a broker determine a fee? Often the answers to these questions reveal little. Some brokers are guarded about their remuneration. Some are reluctant to work on a fee basis. A few are adamant about working on commission and are unwilling to reveal their income to a client. Some brokers say it makes no difference to them whether they are paid by commission or fee-as long as they are adequately compensated. The insured usually should be indifferent to the compensation method, provided the amount is fair in relation to the services provided. However, where insurance coverage is with a nonadmitted carrier, taxes may be paid on net premiums only. Here, a negotiated fee paid separately will save the insured money. MANAGEMENT PHILOSOPHY INFLUENCES DECISION Determining how to pay the broker is often influenced by the insured's management philosophy. Some insureds require a separation of premiums and costs of services. Others want to see only a gross figure. We have talked to risk managers who lump premiums and service costs, saying that separation would only 'confuse' management. There might be an element of insecurity here: fear of criticism of the cost of brokerage services. One might wonder if a broker who does not want to reveal commissions to the client has the same motivation. We see no good reason why an insured shouldn't be on a fee basis with the broker. Obviously, the fee must be commensurate with the services performed. As long as the fee is subject to periodic review and adjustment, we see no significant disadvantages to this approach. Knowing the cost of services in advance allows the risk manager to budget more accurately. He or she will be able to respond to the inevitable question, 'How much does our broker make?' If the fee calculation is properly presented, it will give the risk manager a more complete understanding of services the company is receiving. Some of these services may not be needed or desired, in which case they can be eliminated and the fee reduced accordingly. The ability to make an intelligent explanation of the cost of services is probably the ultimate benefit. HOW BROKERS DETERMINE FEES Let's presume for this discussion that the insured has made the decision to ask the broker to work on a fee basis. Is there any mystery or science to determining a fee? There shouldn't be any mystery. In our observation, there isn't a whole lot of science either, in most instances. Even if a fee formula requires some assumptions, there can still be clear, understandable components. Brokers generally determine fees in the following ways: 1. They back into the fee, based on their expected remuneration on a commission basis. There is not much science in this approach. Brokers look at the historical commissions on their book of business and adjust the given account fee accordingly, based on whether or not the client is likely to require more or less service than the norm. In explaining the fee, the broker may tell the client what his average commission was in a given year. The broker may or may not reveal profit margin. The figure may exclude 'extra' revenue such as contingent or profit-sharing commissions. 2. The fee is a guess (educated or otherwise) based on what the client will bear. With this approach, the broker offers little or no explanation other than 'based on experience, this is what we think we need to handle your account.' The client can work the number back to a rate of commission, but this is still a meaningless figure. A broker told us recently about a seminar attended almost entirely by insurance brokers. One of the speakers was a senior executive of a 'big eight' accounting firm who informed his audience that the 'bottom line' on fees was to extract as large a fee as the broker thought the client would pay short of moving the account. He went on to admonish the listeners that 'if they believed any differently (about fee determination) they were just kidding themselves.' We have seen instances where brokers were receiving large commissions, often undiscovered until the account moved. One instance in particular stands out. The incumbent broker had received close to $1 million per year in commission. The competing broker moved the account when a $250,000 fee for offering the same service was quoted. Subsequent performance showed the quality of service was comparable. 3. The fee is calculated by a formula based on costs plus profit expectation. There is more science here, although subjective elements are in the most sophisticated formulas. Unlike attorneys and consultants, few brokers keep accurate time records on a given account. The broker usually will estimate a percentage of time spent by the office or by various individuals. The percentage is then applied to payroll to reach a starting point. Overhead and profit are added to reach the end result. We have seen complicated formulas breaking the components of overhead into many parts as well as simple calculations where one factor was applied to direct payroll. Both use the same starting point. Assuming the percentage of time spent by brokerage personnel handling the client's account is reasonably accurate, a broker can calculate a fee that makes sense to a client. Further, there is no problem explaining overhead, if the broker is willing to fully disclose it. Some will; most will not. Our observation is that they usually are not asked. CONCLUSION For a risk manager and client to accept the broker's remuneration without question is to invite over-charge. Sometimes a client feels uncomfortable probing too deeply, particularly when there is a long-standing relationship with a broker. Still, there are some questions which may be asked without embarrassing anyone, such as: 1. Do you have some method of determining how much we pay as a client for your services? (The answer will open discussions that could be enlightening.) 2. What do you estimate your payroll is as a percentage of total income? (The same question can be asked casually or directly to competing brokers.) 3. What is your profit as a percentage of total income and how does that percentage compare with your profit objective now? (This is another question for comparative reply.) 4. Is any of our business placed through managing general agents, surplus lines brokers, or other intermediaries? Does that benefit or work to our detriment? (If there is not sufficient justification, the extra commission expended may be an additional cost to the client without benefit.) Delving into the remuneration question is not only possible, but some brokers even encourage the client to review fee formulas with them in detail. One highly respected broker told us, 'Fee calculation is an art, not a science.' We would like to see it less of an art and more of a science even if not an exact one....
https://completemarkets.com/Article/article-post/1532/Legal-Outline-For-California-Agencies-Chapter-3/
Legal Outline For California Agencies - Chapter 3
STATUTORY DUTIES OF INSURANCE PRODUCERS
3.1 Regulation by Insurance Department and other governmental bodies.
Insurance production agencies have a wide range of legal requirements imposed by governmental bodies, principally the Department of Insurance. Some of these are traditional regulations aimed at the proper functioning of the production agency, such as those dealing with trust funds. Others have other political objectives, such as the application of state antitrust laws to insurance by Proposition 103.
Insurance department penalties can be drastic. Trust account problems can lead to a cancellation of a broker-agent's licenses, issuance of temporary licenses, and regular audit and reporting requirements. Serious violations can lead to permanent loss of licenses. Ins. Code 1737-1748.
The purpose of this outline is to highlight some of the principal duties that are peculiar to insurance agent-brokers and which have the potential for creating problems with the Department of Insurance or other governmental bodies. With the advent of an elected Insurance Commissioner sensitive to political considerations, new potential problems have arisen.
3.2 Trust accounts.
Insurance producers have a duty to keep funds belonging to clients or carriers in separate trust accounts. Insurance Code Sections 1733-1736. Failure to do so is a major reason for insurance department accusations against agents, which can result in suspension or even termination of insurance licenses.
An agent or broker may retain the interest on trust accounts if they have the written consent of the owner of the funds (the insured or the carrier) to do so. Since trust account interest is usually a significant source of income for insurance producers, such consent should be obtained. 10 Calif. Code of Regulations 2190.6.
3.3 Record retention.
The records that a production agency must maintain are set forth in Ins. Code 1727-1727.5, and Title 10, California Code of Regulations 2190-2190.8. These records must be retained from 18 months to 5 years, depending on the type of record.
When a person who owns his expirations leaves a production agency through which he has been placing insurance, copies of the records of insurance placed should be retained by both parties, although the non-owner cannot lawfully use the records to solicit business.
3.4 Unfair practices and antitrust violations.
The McCarran-Ferguson Act provides that federal antitrust laws do not apply to the insurance industry, except in cases of 'boycott, coercion or intimidation', so long as the state regulates insurance. 15 U.S.C.A. 1011-1015. The federal law may be enforced by suits by private individuals, and carry treble damages and attorneys fees for the successful plaintiff. 15 U.S.C.A 1.
The application of California's antitrust and unfair practices laws to the insurance industry is still being developed.
California enacted its unfair practices act (Ins. Code. Section 790 ff) to regulate insurance as required by federal law. It outlaws acts of 'boycott, coercion or intimidation' as does the federal law. Ins. Code. 790.03©. For producers, it is aimed primarily against false statements. It can be enforced by the Department of Insurance, but it does not give rise to private enforcement actions.
In addition, Section 790.03(h) forbids a practice of certain unfair claims settlement practices. The Dept. of Insurance has promulgated regulations on claims settlement practices. Calif. Code of Regulations Title 10, Chapter 5, beginning with Section 2695.1. Among other things, these regulations require an agent to transmit a claim immediately to the insurer. Section 2695.5(b).
Proposition 103 applies the state's antitrust laws and similar statutes to the property and casualty insurance business. Insurance Code 1861.03. The Cartwright Act recently was held by one court to be applicable to the life insurance business, and to be enforceable by private individuals. Manufacturers Life Insurance Company (Weil Insurance Agency, Inc.) v. Superior Court (1994) ___ Cal.App.4th ___, ___ Cal.Rptr. ___. The Court of Appeals is now reconsidering its opinion. An earlier Calif. Supreme Court case seems to state otherwise. Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal.3d, 305, 322, 70 Cal.Rptr. 849. Weil also held, however, that the other California unfair practices acts can not be enforced by private actions, but only by the State.
Business & Professions Code 16720 has been held to be similar in scope to the federal Sherman Act. It forbids combinations of two or more persons to create or carry out restrictions in trade or commerce. This includes such offenses as price fixing, tying the sale of one product or service to the sale of another, or allocating clients between them. Because insurance has historically involved rate filings, and involves cooperation to prepare statistical data or standard forms, this aspect of Proposition 103 has caused concern in the insurance industry.
Business & Professions Code 17000-17045 is somewhat similar to the federal Robinson Patman act. It specifically applies to services. It outlaws locality discrimination, sales under cost with intent to destroy competition, loss leaders, and secret rebates that do not extend to all similarly situated.
Discrimination because of marital status, sex, race, religion, national origin, are expressly forbidden. Ins. Code 679.71.
It is difficult to give general advice in this area. If an agent uses good sense and common morals, he can normally avoid antitrust type violations. If the agent is a victim of forbidden acts, on the other hand, he may be able to bring a private suit, and at a minimum may complain to the Department of Insurance.
3.5 Placing insurance.
California licenses insurance producers, and a person can 'transact' insurance only if licensed. Ins. Code 1621-1624, 1627. The term 'transact' is defined as including 'solicitation, negotiations preliminary to execution, execution of a contract of insurance, or transaction of matters subsequent to execution of the contract and arising out of it.' Ins. Code 35. This broad definition has posed problems in use of non-licensed people such as bank employees to assist in placing insurance. Some non-commissioned positions are expressly exempted from licensing requirements. Ins. Code 1634.
An 'agent' is defined as a person who a person who transacts insurance on behalf of an insurer Ins. Code 31-32, 1625-1626. A 'broker' transacts on behalf of the insured, Ins. Code 33, except for transmitting premiums or policies for the insurer Ins Code 1732. A distinction is drawn between life agents, who transact life and disability insurance (Ins. Code 32), and other broker- agents who transact other lines. a 'solicitor' is licensed to assist an agent/broker in lines other than life. Ins. Code 34. There are technically no life brokers, though some life producers represent more than one carrier.
Insurance with a non-admitted carrier can only be placed in California through a surplus line broker or special lines surplus line broker licensed in California. Ins. Code 1760-1761, except for insurance on one's own property and reinsurance.
3.6 Other regulations.
There are numerous other provisions in the Insurance Code applying to insurance production agencies. These include required notices that have to be given when placing or canceling policies. My experience is that producers manage these regulations without undue problems. Historically, the biggest problems producers have faced with the Department of Insurance involved their trust accounts. It remains to be seen whether more consumer oriented elected commissioners will expand the Department's activities into the antitrust and unfair practices area.
CHECKLIST ON ADMINISTRATIVE MATTERS
Are there accounting procedures in place to insure that the trust account balances?
Do you have agreements with your carriers (and clients if necessary) allowing you to retain the interest on your trust account?
Have you checked your records retention requirements to be sure you keep required records for the requisite time?
Is non-admitted coverage only placed through surplus line brokers when required? Do your clients understand they are being placed with non-admitted carriers, and why this is?
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