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https://completemarkets.com/Article/article-post/1508/BASIC-FACTS-ABOUT-REGISTERING-A-TRADEMARK-PART-1/
Basic Facts About Registering A Trademark, Part 1
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 1 of 5   What is a Trademark? A trademark is either a word, phrase, symbol, or design, or combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet the terms 'trademark' and 'mark' are used to refer to both trademarks and service marks, whether they're word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, call the Library of Congress at (202) 707-3000. Establishing Trademark Rights Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress. (See below, under 'Types of Applications,' for a discussion of what is meant by the terms 'commerce' and 'use in commerce.') Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark; only a private attorney can. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark or identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principle ways: An applicant who has already commenced using a mark in commerce may file based on that (a use application). An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an intent-to-use application). For the purpose of obtaining federal registration, commerce means all commerce that may lawfully be regulated by the U.S. Congress-for example, interstate commerce or commerce between the United States and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve a right in a mark. Use of a mark in promotion or advertising before the product or service is actually provided under the mark on a normal commercial scale does not qualify as use in commerce. Use of a mark in purely local commerce within a state also fails to qualify as use in commerce. If an applicant files based on a bona fide intention to use in commerce, the applicant will have to use the mark in commerce and submit an allegation of use to the PTO before the PTO will register the mark (see Part 3). Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country. For information regarding applications based on international agreements, please call the information number provided in Part 2. A U.S. registration provides protection only in the United States and its territories. If the owner of a mark wishes to protect a mark in other countries, the owner must seek protection in each country separately under the relevant laws. The PTO cannot provide information or advice concerning protection in other countries. Interested parties may inquire directly in the relevant country, in its U.S. offices, or through an attorney. Who May File an Application? The application must be filed in the name of the owner of the mark-usually an individual, corporation, or partnership. The owner of a mark controls the nature and quality of the goods or services identified by the mark. See below in the line-by-line instructions for information about who must sign the application and other papers. The owner may submit and prosecute its own application for registration, or may be represented by an attorney. The PTO cannot help select an attorney. Foreign Applicants Applicants not living in the United States must designate in writing the name and address of a domestic representative-a person residing in the United States 'upon whom notices of process may be served for proceedings affecting the mark.' The applicant may do so by submitting a statement that the named person at the address indicated is appointed as the applicant's domestic representative under 1 (e) of the Trademark Act. The applicant must sign this statement. This person will receive all communications from the PTO unless the applicant is represented by an attorney in the United States. Searches for Conflicting Marks An applicant is not required to conduct a search for conflicting marks prior to applying with the PTO. However, some people find it useful. In evaluating an application, an examining attorney conducts a search and notifies the applicant if a conflicting mark is found. The application fee, which covers processing and search costs, will not be refunded even if a conflict is found and the mark can't be registered. To determine whether the two marks conflict, the PTO determines whether there would be likelihood of confusion-that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The PTO does not conduct searches for the public to determine if a conflicting mark is registered, or is the subject of a pending application, except as just noted, when acting on an application. However, you can get this same type of information in a variety of ways: Perform a search in the PTO public search library, located on the second floor of the South Tower Building, 2900 Crystal Dr., Arlington, VA 22202. Visit a patent and trademark depository library (at locations listed in Part 4). Go to either a private trademark search company or an attorney who deals with trademark law. The libraries in the first two entries have CD-ROMs containing the trademark database of registered and pending marks. The PTO cannot provide advice about possible conflicts between marks. Laws & Rules Governing Federal Registration The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, 15 U.S. C. 1051 et seq.; the Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of Examining Procedure (2d. Ed. 1993). Other Types of Applications In addition to trademarks and service marks, the Trademark Act provides for federal registration of other types of marks, such as certification marks, collective trademarks and service marks, and collective membership marks. These are relatively rare. For forms and information regarding registration of these marks, please call the appropriate trademark information number, indicated below. Where to Send Application and Correspondence The application and all other correspondence should be addressed to The Assistant Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 The initial application should be directed to 'Box NEW APP/FEE.' An AMENDMENT TO ALLEGE USE should be directed to 'Attn. AAU.' A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE should be directed to 'Box ITU/ Fee.' The applicant should indicate his or her company's telephone number on the application form. Once a serial number is assigned to the application, the applicant should refer to the serial number in all written and telephone communications concerning the application. It's advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing-that is, the written application, the drawing, the fee, and the specimens (if appropriate). The PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt. This will help the applicant if any item is later lost or if the applicant wishes to inquire about the application. The PTO will send a separate official notification of the filing date and serial number for every application about two months after receipt....

https://completemarkets.com/Article/article-post/2083/TRADITIONAL-VS-E-COMMERCE-INSURANCE/
Traditional Vs. E-Commerce Insurance
TRADITIONAL VS. E-COMMERCE INSURANCE   by Dave O'Neill   Managing e-business calls for a comprehensive risk management approach and a thorough understanding of the multifaceted nature of the exposures. It's imperative to incorporate an ingrained awareness of e-business exposures in a business' employees and to provide them with the necessary tools to analyze, quantify, and manage those exposures. This document by Dave O'Neill takes a look at why traditional insurance products aren't up to the task.     The Industrial Revolution, especially the period of the early 1800s, contributed to modern business methods with inventions of the telegraph, transatlantic cable, telephone, and wireless communication services. But, development of the first microprocessor in the late 1960s, followed by the creation of the Internet, marked the beginning of what can now be called the E-Business Revolution.   Electronic Business, or Electronic Commerce, began with the Internet. The ability to work, learn, teach, research, bank, invest, purchase, sell, and communicate can be performed from almost any location with access to a telephone line.   The advent of the Internet has transformed the way firms conduct business with extraordinary cost effectiveness and innovative business opportunities. Although companies that don't partake in the latest technological advances risk losing customers, those firms that have joined the e-business revolution have risks of their own. Typical business risks such as loss of revenue, business interruption, fraud, and loss of reputation are magnified for those businesses engaged in e-commerce. Additionally, the paperless environment of the electronic age serves to further increase the risk of theft of confidential data, which can be accessed online.   For the most part, companies have relied on their insurance agents or business consultants for recommendations regarding traditional business insurance purchases. Unfortunately, those traditional insurance products might not meet all of the needs of today's electronic businesses. The very same products that have provided insurance coverage for physical assets against physical threats were developed at a time when the term ‘cyberspace' was considered science fiction. The electronic business exposures must be analyzed against traditional insurance coverages in order to identify the coverage gaps and ultimately find a solution to close those gaps. PROPERTY INSURANCE Property insurance is based on physical protection for losses resulting from covered causes of loss, which cause physical damage or destruction. The following are typical characteristics of traditional Property insurance: It does not cover damages caused by viruses, nor does it recognize the inherent value of assets in electronic form, such as intellectual property or proprietary software. It excludes dishonest and fraudulent acts committed by the Insured or employees of the Insured. It excludes losses arising out of human programming errors. The coverage territory is limited to a specified region, such as the U.S., Canada and Puerto Rico — the Internet knows no boundaries. BUSINESS INCOME/EXTRA EXPENSE Business Income coverage pays for actual loss of business income due to suspension of operations during the period of restoration. The traditional coverage characteristics include:   The suspension must be caused by direct physical damage or loss to property (or personal property within 100 feet) at the premises described in the policy declarations. The loss or damage must be caused by, or result from, a covered cause of loss. It defines ‘period of restoration' as the period of time that typically begins 24 to 48 hours after the time of direct physical loss or damage for Business Income coverage and ends when the damaged property should be repaired with reasonable speed or business is resumed at a new permanent location. In the world of electronic commerce, a 48-hour waiting period might be more damaging to business than the loss itself. GENERAL LIABILITY General Liability insurance is also directly connected to physical exposures, designed to cover tangible bodily injury and property damage. Often, insureds misinterpret coverage for incidental exposures to be broader than intended. Limited coverage for advertising liability, only applies to offenses committed in the course of advertising your goods, products or services. Many home pages have information not specific to an insured's own products. It excludes an offense committed by an insured whose business is advertising, broadcasting, publishing, or telecasting. The coverage territory is limited to a specified region, such as the U.S., Canada and Puerto Rico — the Internet knows no boundaries. DATA PROCESSING MEDIA An insured might choose to purchase Data Processing Media coverage, or coverage might be included within a package of other Property or Inland Marine coverages. This type of coverage typically features:  It covers the actual cost of reproducing the data and the cost of the media. It only applies to Data Processing Media at a Covered Location described on the policy declarations page. Again, the coverage territory is limited to a specified region, such as the U.S., Canada, and Puerto Rico. It excludes dishonest or criminal acts by the insured or the insured's employees. CRIME COVERAGES A Computer Crime Policy (CCP) is designed to cover loss resulting from various forms of crime. However, where does the protection against loss resulting in an electronic environment generally begin and end? A key element of the CCP is protection against the loss of money and securities resulting from transferring, paying, delivering, debiting, or crediting an account following the modification or destruction of electronic data, media, or programs perpetrated by unknown third parties. Coverage is lso provided for damage or destruction to programs, data, and media (hackers, virus', time bombs, and the like) in which case the afforded protection only pays the costs to replicate the lost materials.  Under the CCP no coverage is given for: Loss of inherent value of intellectual property or proprietary software resulting from misappropriation. Loss of income. Expenses incurred in order to establish the amount of loss. Programming errors and omissions or malfunctions. Expense of hiring a public relations firm to mitigate a reputation loss. DIRECTORS AND OFFICERS D&O coverage is triggered by a claim resulting from a wrongful act of a director and/or officer. Conceptually, it does not protect the corporate entity and therefore doesn't avail itself to the types of day-to-day electronic exposures inherent in the provision of professional services by a financial institution. D&O coverage also normally excludes: Loss of income. Errors and omissions by anyone other than the directors and officers, except for the management oversight function. Libel, slander, or defamation. PRE-SCREENING Financial institutions in particular want to ensure their e-business activities aren't vulnerable to potential losses resulting from security breaches, such as network hacking, viruses, and electronic thefts. Now that we've addressed all of the traditional insurance a financial institution typically has in place, certain criteria must be met before they can consider e-business insurance in order to determine the scope of their e-commerce exposures. Is there a current, documented security policy? Are documented procedures in place for user and password management? Are remote users authenticated before being allowed to connect to internal networks and systems? Although this isn't a comprehensive listing, a negative response to these questions represents a critical internal control weakness that would need to be corrected before e-commerce insurance can be considered.   LOSS CONTROL MEASURES Financial institutions must implement loss control measures to lessen their e-business exposures before additional insurance can be put in to place. Such measures might include: A documented, published corporate security policy. Such a statement is key to the successful implementation of an IT Security Program. It should spell out the institution's approach and commitment to an active Security Program, allocate management responsibilities, and advise employees of the need for their active involvement. Access controls to ensure that only authorized users access your systems and networks and can provide you with an audit trail to aide in investigations that might be needed. Passwords, the most common method for verifying the authenticity of system users, are the most likely to be compromised. Ensure that they are changed often. FILLING THE GAPS E-business insurance provides a broad range of electronic business activity protection that helps to cover gaps in traditional existing insurance coverage, even if your electronic systems are under the control of a third party service provider. This might include: Business Income coverage that can replace not only the business income and additional expenses incurred as a result of interrupted services, but can also pay for the cost of investigating the reason for the loss of service. Loss Event Liability that covers liabilities to third parties for e-business losses, including reasonable expenses incurred in the defense or appeal of claims. Intellectual Property coverage to protect against the loss of proprietary information or software through deliberate or inadvertent misappropriation. Public Relations coverage for the expenses incurred to help rebuild a company's reputation from negative publicity resulting from an e-business exposure. Electronic Publishing Liability to cover liabilities incurred from publishing information electronically including defamation of character, libel, and slander, as well as copyright infringements, plagiarism, or misappropriation of ideas. Rewards coverage that pays for information that leads to the arrest and conviction of any indi...g or trying to commit any illegal act against the insureds e-business activities. Managing e-business calls for a comprehensive risk management approach and a thorough understanding of the multifaceted nature of the exposures. It's imperative to incorporate an ingrained awareness of e-business exposures in a financial institution's employees and to provide them with the necessary tools to analyze, quantify, and manage those exposures.   We recommend grasping the golden opportunity presented by e-business, but it's always of importance to ensure that there's an adequate return to compensate for the risk assumed. E-business insurance helps make this decision easier.   David T. O'Neill is Vice President of e-Business Solutions for Zurich North America Financial Enterprises. He is responsible for directing the global marketing initiatives of Zurich North America Financial Enterprises' e-commerce insurance product, E-Risk.

https://completemarkets.com/Article/article-post/19/Sample-Electronic-Communication-Policy/
Sample Electronic Communication Policy
Every firm with a computer network, Internet access, or e-mail should have a policy for using them. Without one, you risk wasted time and inappropriate use by employees that can be unprofessional at best. Steve Anderson addresses the need with this document, a sample electronic usage policy template you can use as is, or customize to your firm. ABC Insurance Agency Policy Purpose To maximize the benefits of electronic communications to ABC Insurance Agency (The Company) and its employees, while protecting the Company and its employees from liability and/or performance challenges due to improper or unauthorized use of the systems made available to facilitate the business of the Company. Company Property As a productivity enhancement tool, the Company (including all subsidiaries) provides and encourages the business use of electronic communications (notably the Internet, voice mail, electronic mail, and fax). Electronic communications systems owned by the Company and all messages generated on or handled by these electronic communications systems, including back-up copies, are considered the property of the Company. Any attempt to violate, circumvent, and/or ignore these policies could result in corrective action, up to and including termination. Authorized Usage The Company’s electronic communications systems must be used solely to facilitate the business of the Company. Users are forbidden from using the Company’s electronic communications systems for private business activities, personal, or amusement/entertainment purposes. Employees are reminded that the use of corporate resources, including electronic communications, should never create either the appearance or the reality of inappropriate use. Inappropriate use might result in loss of access privileges and disciplinary action, up to and including termination. Proper Usage Employees are strictly prohibited from using Company computers, e-mail systems, and Internet access accounts for personal reasons or for any improper purpose. Some specific examples of prohibited uses include, but are not limited to: Transmitting, retrieving, downloading, or storing messages or images that are offensive, derogatory, off-color, sexual in content, or otherwise inappropriate in a business environment. Making threatening or harassing statements to another employee, or to a vendor, customer, or other outside party. Transmitting, retrieving, downloading, or storing messages or images relating to race, religion, color, sex, national origin, citizenship status, age, handicap, disability, sexual orientation, or any other status protected under federal, state, or local laws. Communicating confidential Company information to individuals inside or outside the Company or to other organizations, without specific authorization from management. Sending or receiving confidential or copyrighted materials without prior authorization. Soliciting personal business opportunities or personal advertising. Gambling, monitoring sports scores, or playing electronic games. User Identification Where electronic communications systems provide the ability to identify the activities of different users, these facilities must be implemented. For example, electronic mail systems must employ personal user-IDs and associated passwords to isolate the communications of different users. Fax machines that do not have separate mailboxes for different recipients need not support user separation. User Accountability Regardless of the circumstances, individual passwords must never be shared or revealed to anyone besides the authorized user. To do so exposes the authorized user to responsibility for actions the other party takes with the password. Violation could result in discipline of both the authorized user and the person receiving the password, up to and including termination. If users need to share computer resident data, they should use message-forwarding facilities, public directories on local area network servers, and other authorized information-sharing mechanisms. To prevent unauthorized parties from obtaining access to electronic communications, users must choose passwords that are difficult to guess (for example, not a dictionary word, a personal detail, nor a reflection of work activities). No Expectation of Privacy Employees should expect that the Company might access all information created, transmitted, downloaded, received, or stored in Company computers at any time, without prior notice. Employees should not assume that they have an expectation of privacy or confidentiality in such messages or information (whether or not this content is password-protected), or that deleted messages are necessarily removed from the system. No Default Protection Employees are reminded that Company electronic communications systems are not encrypted by default. If sensitive information must be sent by electronic communications systems, encryption or similar technologies to protect the data must be employed. Users should have no expectations of privacy using Company equipment. Unlike written communications, e-mail does not usually have an 'envelope.' Unless the e-mail message is encrypted, you’re sending a postcard, not a letter. Regular Message Monitoring Contents of electronic communications might be monitored and the usage of electronic communications systems will be monitored to support operational, maintenance, auditing, security, and investigative activities. The Company reserves the right to disclose any electronic messages to law enforcement officials without prior notice to any employees who might have sent or received such messages. Users should structure their electronic communications recognizing the fact that the Company will, from time to time, examine the content of electronic communications. Because all messages are company records the Company reserves the right to access and disclose any message sent over its electronic messaging systems. The Information Technology Department and Department Supervisors have the right to review the electronic communications of the employees they supervise to determine whether there have been any breaches of security, violations of company policy, or unauthorized actions on the part of the employee. Statistical Data Consistent with generally accepted business practice, the Company collects statistical data about electronic communications. For example, call detail reporting information collected by telephone switching systems indicates the numbers dialed, the duration of calls, the time of day when calls are placed, etc. Using such information, Information Technology personnel monitor the use of electronic communications to ensure the ongoing availability and reliability of these systems. If during the collection and review of such information they find questionable, inappropriate or illegal use of electronic communications, they must report their findings to management. Contents of Messages Workers must not use profanity, obscenities, or derogatory remarks in electronic messages discussing employees, customers, competitors, or others. Such remarks — even when made in jest — might create such legal problems as trade libel, defamation of character, or harassment/discrimination claims. Special caution is warranted because backup and archival copies of electronic mail might actually be more permanent and readily accessed than traditional paper communications. Therefore, transmission of obscene or harassing messages to any individual is strictly prohibited. Message Forwarding Recognizing that some information is intended for specific individuals and might not be appropriate for general distribution, electronic communications users should exercise caution when forwarding messages. Sensitive Company information must not be forwarded to any party outside the Company without the prior approval of management. Blanket forwarding of messages to parties outside the Company is prohibited unless such permission has been obtained. Handling Information About Security Users must promptly report all information security alerts, warnings, suspected vulnerabilities, and the like to an appropriate manager. Users are prohibited from utilizing Company systems to forward such information to other users, whether these users are internal or external to the Company. Public Representations No media advertisement, Internet home page, electronic bulletin board posting, e-mail message, voice mail message, or any other public representation about the Company can be issued without prior approval by management. Archival Storage All official Company e-mail messages, including those containing a formal management approval, authorization, delegation, or handing over of responsibility, or similar transaction, must be archived/copied to individual user archive files within the Company e-mail facility. Purging Electronic Messages Messages no longer needed for business purposes must be periodically purged by users from their electronic message storage areas (including outboxes, in-boxes, and file folders). It’s recommended that individual users delete electronic messages stored on the Company’s e-mail systems after 90 days. After seven days e-mail which has been sent to 'Trash' will automatically be purged in order to increase scarce storage space and simplify records management and related activities. Voice mail messages are saved for 30 days, then purged. Undeliverable messages are automatically deleted. Harassing or Offensive Materials The Company computer and communications systems are not intended and must not be used to exercise employees’ right to free speech. Sexually explicit words and images, ethnic slurs, racial epithets, religious or political statements, or anything else that might be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, religious beliefs, or political beliefs may not be displayed or transmitted. Unwanted telephone calls, e-mail, and internal mail messages are strictly prohibited, with violators subject to disciplinary action including termination. Users are encouraged to respond directly to the originator of such messages. If the originator does not promptly stop sending offensive messages, users must report the communications to their manager and the Human Resources department. The Company retains the right to remove from its information systems any material it views as offensive or potentially illegal. Establishing Electronic Business Systems Although the Company seeks to aggressively implement Electronic Data Interchange (EDI) and other electronic business systems with third parties, all contracts must be executed by paper documents prior to purchasing or selling via electronic systems. EDI, e-mail, and similar binding business messages must be released against blanket orders, such as a blanket purchase order. All electronic commerce systems must be approved prior to usage. Paper Confirmation for Contracts All contracts entered into through electronic offer and acceptance messages (fax, EDI, electronic mail, etc.) must be formalized and confirmed by paper documents within two weeks of acceptance. Employees must not employ scanned versions of hand-rendered signatures to give the impression that the sender signed an electronic mail message or other electronic communications....

https://completemarkets.com/Article/article-post/1714/HOW-GOOD-IS-YOUR-COMPETITION/
How Good Is Your Competition?
HOW GOOD IS YOUR COMPETITION? A Competitive Position Analysis Agencies can benefit from comparing themselves to their closest competitors: other independent agents, direct writers, even banks. The existence of competing organizations and their level of competence will affect the share of the marketplace available to you and the security of your current book of business. It may take some time to put this information together in a meaningful way, but a thorough competitive position analysis is worth the effort. The more information you gather, the better prepared you will be to compete for market share. You'll want to record the following information about your own agency and about targeted competitors,: How many years has the organization been in business? Is the organization growing, declining, or holding its own? What is the organization's financial condition? Does the organization have markets for all its accounts? Does the organization offer a full line of financial products and services? What is the organization's reputation regarding account retention? What percentage of the organization's business comes from referrals? Does the organization have a formal sales-management program? What is the organization's reputation regarding its staff's professionalism? What is the quality of the organization's policy service? What is the quality of the organization's claims service? Are the organization's internal operations fully automated? What percentage of the organization's book is downloaded? Is the organization uploading? With how many companies? Does the organization have written procedures for its internal operations? What is the condition of the organization's physical plant? To what extent is the organization and/or its staff involved in community affairs? In industry affairs? Doing an objective analysis of your own agency can give you a fresh look at your operation. It may show you strengths, capabilities, and potential weaknesses you have overlooked in the past. Evaluating your competitors' operations is harder. To gather the information, you will need to use a variety of approaches, among them: observation conversations at meetings of local business associations, such as producer associations, Chambers of Commerce, Jaycees, and Rotary Clubs examination of competitors' advertising to find out what they consider their strengths conversations with people doing business with your competitors Areas in which you are as good as or better than the competition are your strengths. Build on these strengths when you plan. Areas in which the competition is better than you are opportunities for your agency to grow and improve. Make these your target areas when you set new operational objectives with your staff. © Copyright ACORD, 1990. Reprinted with permission. ...

https://completemarkets.com/Article/article-post/681/Check-Fraud-And-Counterfeiting/
Check Fraud And Counterfeiting
As computer and duplicating technologies have advanced and become cheaper and more widely available, check fraud and counterfeiting have grown. The U.S. Department of Justice estimates that $10 billion worth of bad checks is passed every year. Because there's no single standard and because they can be printed in many different ways, checks are much easier to copy than credit cards. Even though many large companies try to deter fraud by printing their own checks, payroll check fraud is still rampant. In fact, one Los Angeles gang recently roamed the nation, easily cashing counterfeit payroll checks to the tune of nearly $25 million. It's intriguing how a criminal mind can slowly and methodically use stealth, guile and technology to overcome individual awareness and thwart procedures and devices that are supposed to stop the intended crime. Checking should be different, but it isn't. With modern technology, criminals can produce documents that compare favorably with those produced by bankers and check printers. Key factors in check fraud and counterfeiting are the people who accept them: retail clerks, bank tellers, and the unsuspecting public. Bank tellers and retail clerks might be expected to best know how to identify a counterfeit check. Sadly, most haven't been adequately trained to do so. The majority of counterfeit checks pass through clerks or tellers. Attempts to alleviate the problem can be frustrating. In one case, all of the chambers of commerce in the Phoenix metropolitan area were offered a free seminar. Attendees would be taught to spot counterfeit checks, traveler's checks, and credit cards. Surprisingly, none of the chambers sent anyone to the seminar; however, several did call with membership offers. To understand checks and counterfeiting, you need to know what a check is, including its normal life cycle. A check is a written order, normally using a preprinted form, showing an amount due from the remitter to the payee and directing the remitter's bank to pay the payee. It's a simple document, and it's a simple concept. There are several basic parts of a check: The remitter is the entity issuing the check. The payee is the entity in whose name the check is issued. The amount is the dollar amount the check was issued for, written both numerically and alphabetically. The signature is the unique authorized signature of the remitter. The institution is the bank that's directed to pay the payee for the remitter. The unusual block printing at the bottom of a check that contains information about the institution, check number, and account of the remitter is the MICR printing. Everything is printed on core stock, also known as blank check stock. There are different kinds of checks: Business and personal checks are written by private parties for use in business or general commerce. Certified checks are business or personal checks certified with 'good funds' by the institution the check is drawn against. These certified funds are reserved in that business or personal checking account. Certified checks aren't as commonly used as they once were. Money orders and cashier's checks are by and between the issuing bank and the payee. The remitter has paid the bank to issue the check to the payee on behalf of the remitter. Money orders are for less than $400 (in most cases) and don't require the remitter or the payee to be filled in at the time of purchase from the bank. A cashier's check can be for any amount (usually more than $400), and both the remitter and the payee must be filled in at the time of purchase. When an account is opened, the bank orders checks from a check printer. The account owner then uses those checks in transactions. Most checks are deposited in the payee's bank. This bank sends the check through the Federal Reserve Bank Check Settlement process. The depositor's bank is credited with the funds. The check is then sent to the remitter's bank, and the account is debited for the amount of the check. The time difference between crediting the payee's account and debiting the remitter's account is the 'float.' Check settlement and processing go on 24 hours a day all across the country. Hundreds of millions of checks are processed every day. The checks are physically transported all across the country. Given all of this, it's amazing that the system works as well as it does. One thing this process can't do is detect counterfeit checks. Such detection is usually done by the payee before the check gets into the system or by the (alleged) remitter after the check has already been through the system. Before we had mechanical readers and computers, all checks were produced by hand and had the bank number, check number, and account number printed on them; checks contained no mechanically readable features. As mechanical readers came into common use (for speed and efficiency), so did one of the first modern check scams. As the new system was phased in, the forms had both the MICR characters at the bottom of the deposit slip and a location to write in the account number by hand. Criminals discovered that they could leave deposit slips printed with their own MICR numbers in bank lobbies in place of blank deposit slips. Other customers would unknowingly use them, fill in their account numbers by hand, and present their deposits to the teller. The teller would run the slip through the mechanical reader, and the sums would be deposited into the criminals' accounts. The MICR reader would read the MICR numbers, not the handwritten numbers on the deposit slip. At the end of the day, the criminals would withdraw as much money as they could from their accounts, which were swollen with misdirected deposits. Today the typical check criminal has to work a little harder, but not much. There are four basic types of check fraud. The Bad Check. This is a check written by the account owner against an insufficient balance. This is the most common form of fraud. Almost every checking account holder has had at least one - intentionally or not. For the vendor of products or services, this is the most common form of loss. In a low volume/high dollar transaction, such as a car purchase, funds can be verified with the bank during normal business hours or through an automated telephone balance inquiry system after the bank is closed. In a low dollar/high volume operation, such as a grocery store, the vendor can purchase insurance through a check verification or guarantee company, although it's always more cost effective to train clerks than to transfer risk through the purchase of insurance. The low volume/high dollar business should never find itself stuck with a bad check. With automated account information available by telephone 24 hours a day, obtaining proper identification of the remitter and physically inspecting the check will catch 99.99% of bad checks. But this doesn't take human nature into account. People are social creatures - we like to do business with people we like. So the more the clerks like customers and feel comfortable with them, the more vigilant they should be about verifying their checks. Criminals are masterful students of human nature. They know how to gain a clerk's confidence enough to erode barriers so that they can move in for a financial score. The second problem is insurance. What was intended as a safeguard has had unintended consequences: Tellers whose employers have insurance against bad checks accept more suspect checks than those who don't. Insurance seems to have the same effect in the checking world that it does in other sectors of risk management. The Stolen Check. Checks on current accounts are stolen from purses or mailboxes. Discarded checks are retrieved from the garbage. Checks stolen from a person through wallet or mail theft are used in a rapid fashion. These checks are usually written for items that can be easily sold for high value, such as VCRs, TVs, jewelry, and automobiles. It's also not unusual for identification to be stolen along with checks. A driver's license, credit card, or other item can help the criminal pass stolen checks. Checks lifted from the garbage are usually on inactive accounts. These 'garbage' checks are usually used slowly and just outside of the remitter's immediate area. Items purchased with these checks are usually chosen for easy resale that rarely cost more than $250. Most 'garbage' checks are business checks with only the business name and address. In this case, it's easy for the criminal to purchase business cards in the same name and begin circulating the checks without needing false identification. A recent scam involved a ring of criminals working in hospitals as security guards and maintenance workers - positions that have broad access authority to even the most secure areas. When cleaning or checking on doctors' offices in the hospital, the thieves would peel open the corners of envelopes containing checking account information (either outgoing bill payments or on incoming checking statements). They viewed the mail through the open corners with an arthroscope and recorded the account information. Counterfeit checks were then created and passed at the alarming rate of 10 or more per day. Methods for avoiding a check theft are similar to those for avoiding bad checks. Review the remitter's identification. Be suspicious if the identification is from out of state but the check isn't. Another dead giveaway is the remitter's not recording information in the check register; after all, criminals don't care how much is in the account because it isn't their account. Passers of stolen checks are often impatient and will try to distract the person accepting the check. They will often make a fuss about ID and other formalities. The more indignant they become, the more suspicious the clerk should be. The Wiped Check. Used checks that have already been through the banking system are taken, usually from a mailbox or garbage can. Wiped checks have been common for years, but they're gaining new popularity. The criminal sets up a lab to erase the check information with acids and organic solvents. Once the check has been wiped clear of the payee, the amount, and sometimes even the signature, the criminal dries and reissues the check. Wiped checks have certain characteristics: The paper of a wiped check is never as flat and smooth as the original. The paper fibers absorb water and solvent during the wiping process and subtly shift positions, changing the feel of the check paper. In addition, wiped checks are usually passed as single checks; they are not in a book like normal checks. If they've been bound into a book, the binding material is usually gum, the same material used to bind cheap note pads. Sometimes, all of the pen ink isn't removed or the paper has indentations from the original writing on the check. In this case, ghost images of the original check are visible. Many new checks are printed on stock treated to react with wiping chemicals, leaving distinctive marks on altered checks. The Counterfeit Check. Counterfeit checks have usually been copied or printed on a laser printer. They contain all of the account information in the MICR and may or may not resemble the true account holder's check stock. Checks used to be fairly safe, but as with cash, counterfeiters can now duplicate checks with amazing accuracy. The Justice Department estimates that 20% of all bad checks passed are counterfeit. Financial fraud is growing, forcing banks and individuals to find new ways to protect themselves. Sophisticated desktop publishing software, scanners, laser printers, and color copiers have contributed to the problem. All a criminal needs to begin is a good check from a business, person, or bank. The key item is the MICR printing on the bottom of the check. Once the criminal has a good account number, the remaining work is done at the desktop. They create a check with desktop publishing software and a laser printer. Then they change the printer or the printer cartridge and duplicate the MICR printing on the newly created counterfeit check stock. What began as a way for businesses to safeguard their accounts by printing their own checks has been co-opted by criminals and turned against the businesses. There are several steps in identifying bad checks. One characteristic feature of counterfeit checks printed with color copiers or color laser printers is the toner. The checks are usually slightly shiny and have a raised feel. A laser printer will lay down toner only where it's required, so the check will have ridges and bumps where the toner is applied and valleys where it isn't. Color-copied checks will have a complete layer of toner over the entire surface and will often have a yellowish appearance where they should be white. Counterfeit checks are usually printed one at a time on 81/2'x11'sheets of paper and must be cut to size, so examine checks to see whether they're trimmed correctly and cut square and clean. Color-copied and laser-printed checks won't have fine line detail, delicate borders, security screens, or microprint. The Federal Reserve has also instituted a set of standards for printing checks based on Federal Reserve Regulation CC. The resulting features ease processing and identification of counterfeit checks. On many newer checks, a padlock icon and the letters 'MP' are printed somewhere on the front of the check. The padlock icon instructs the reader of the check to look at the back. On the back of the check, next to the padlock icon, is an explanation of the security features built into and printed on the check. The 'MP' is next to the feature that contains microprint. However, fraud and counterfeiting still occur, despite advances in check printing and technological devices designed to make them more difficult. These features aren't working because the people who accept checks are either ignorant, willfully negligent, or both. A restaurateur and a very intelligent businessman, recently sold his old vehicle. The buyer looked at the car on a Friday morning and told the restaurateur he'd return with a cashier's check for the full amount. The buyer returned at approximately 5:30 P.M. the same day, cashier's check in hand, and left with the vehicle and title. The title was transferred the next day (Saturday), and the cashier's check was deposited the following Monday. The seller got a call from his bank several days later advising him that the cashier's check was counterfeit and the bank wouldn't honor it. It turns out that he was just one of 42 people who'd lost their vehicles in the same fashion that Friday. The 42 cars are now probably in parts or in another country. The seller knew the deal was too good to be true - the buyer hadn't even argued with him about the price of the car. An examination of the counterfeit check revealed that it had been produced by a laser printer, and it wasn't a very professional effort at that. Anyone with 30 minutes of training would've spotted the check from across the room. A major bit of irony in all of this was that the counterfeit cashier's check had been drawn on the same bank it was deposited into, and it still took more than three days for the bank to discover it. There are no appearance standards for checks. They can be printed in many different ways, making them easier to copy than credit cards. Many large companies print their own checks. Payroll check fraud is rampant, with executives just as vulnerable as corporations to such scams. One Boston gang got executives' names and birth dates from 'Who's Who' and applied for credit and loans in those names. A new account can drain a bank as criminals deposit a counterfeit check and then draw on it before the fraud is discovered. To stop this, banks increasingly require at least two pieces of personal identification on each new account. Some also delay ordering checkbooks and issuing of ATM cards until the account holder's references have been verified. Individuals should benefit from check guidelines issued by the Financial Stationers Association (FSA), a trade group based in Washington for check printers. The FSA's recommendations include using microprinted data and a lightly printed security screen that can't be picked up by a color copier or laser scanner. Checks bearing these marks will have the padlock symbol on the front. Some institutions now require customers to order checks from the bank's vendor. Preventing access to basic information and check stock is the first step in reducing fraud. The second is to educate tellers and cashiers on the characteristics of good and bad checks. Protect account information and limit the amount of personal information that appears in any one place. Don't have phone numbers or driver's license numbers printed on checks. Credit card numbers shouldn't be written on a check even if a sales clerk asks for it. Having all of this information in one place leaves the account holder open to fraud. Protect checks as if they were cash, and report lost or stolen checks. Review bank statements as soon as they arrive; there's no excuse for being lax about that. Criminals will usually tap into a number of accounts, taking a portion of each, but not bleeding any one account dry. Store cancelled checks in a safe place, and voided checks should be torn into small pieces or shredded before being discarded. Handle the deposit slips and checks you receive with care. A cashier's check is the easiest to counterfeit; it's not always a good safeguard. Don't accept a cashier's check from a stranger unless they're willing to walk into a bank and get cash prior to taking possession of an item. If this isn't possible, hold the title to the item until the check has been cashed. Take special care when using an ATM. Never leave a receipt near the machine, and use care when entering PIN numbers. If you don't, a criminal can steal the account number. When a thief steals a credit card, the account holder is liable for no more than $50. Consumers are similarly protected from check fraud. Account holders are protected if their checking account numbers are compromised or if someone has assumed their identities or stolen their checks. The bank takes the hit. But it's a lot like being rear-ended in a car accident: It might be the other guy's fault, but fixing the problem can be bothersome. Despite efforts by the American Bankers Association and the FSA to make counterfeiting more difficult, it won't stop. A mechanical reader/verification step in processing is the best alternative to better-trained clerks. With rapid advances in technology and its costs coming down, there will be more casual counterfeiters, such as students at an Ivy League college who found it easier to make money with a color copier than at a job. Checks of the future might have such anti-counterfeiting measures as watermarks, fibers, embossing, foils, additional MICR algorithm features, specialty inks (including hard to reproduce colors), colorshifting inks, and ultraviolet inks. And they'll have multiple features to thwart counterfeiting, not just one. The consumer will bear most of the burden because these checks will cost more to print. And even these advanced features won't stop counterfeiting by themselves; trained people and check-reading technology will still be needed to detect bad checks. Increased use of direct deposits for employees and regular vendors and customers will cut down on the availability of checks to copy and counterfeit. There will be a rise in the use of credit and debit cards, but these aren't secure either. Banks will most likely go to an image-based check-clearing method to clear checks electronically before physically transporting them. This won't necessarily reduce fraud; it'll just catch it quicker. The technological barriers to checks clearing with image processing are daunting. Everything will have to work without error. A common protocol for data transmission and compression technology will need to be established, along with a secure method of transferring this information. Such technology is 10 or more years away from widespread use, though banks may use more of it for internal check reconciliation. CONCLUSION The payee most often stops a bad check, before it gets into the system and defrauds the person on whose account it's drawn. Check insurance costs money and only applies after a retailer has suffered a loss and if they've followed the proper protocol. The awareness of everyone who deals with checks is the best way to stop the fraud. It's not difficult to detect; in fact, it's easy. The key to prevention is as simple as a little training and education....

https://completemarkets.com/Article/article-post/1627/LIABILITY-RISK-RETENTION-ACT-OF-1986/
Liability Risk Retention Act Of 1986
LIABILITY RISK RETENTION ACT OF 1986 The following is the text of the Products Liability Risk Retention Act of 1981 as amended by the Risk Retention Amendments of 1986, creating the Liability Risk Retention Act of 1986. The amendments were passed by the Senate and The House of Representatives on October 6 and October 9, respectively. The legislation was signed into law by President Reagan on October 27, 1986. Short Title: SEC. 1. This Act may be cited as the 'Liability Risk Retention Act of 1986.' Definitions: SEC 2. (a) As used in this Act - (1) 'Insurance means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk, which is determine to be insurance under applicable State or Federal law; (2) 'liability' - (A) means legal liability for damages (including costs of defense, legal costs and fees and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of - (i) any business (whether profit or non-profit), trade, product, services (including professional services), premises, or operations; or (ii) any activity of any State or local government, or any agency or political subdivision thereof; and (B) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U.S.C. 51 et seq.); (3) 'personal risk liability' means liability for damages because of injury to any person, damage to property, or other loss damage to property, or other loss or damage resulting from any personal, familiar, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B); (4) 'Risk retention group' mean any corporation or other limited liability association (A) whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members; (B) which is organized for the primary purpose of conducting the activity described under subparagraph (A); (C) which - (i) is chartered and licensed as a liability insurance company under the laws of a State and authorized to engage in the business of insurance under the laws of such State; or (ii) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one State that it satisfied the capitalization requirements of such State, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability (as such terms were defined in this section before the date of the enactment of the Risk Retention Amendments of 1986). (D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person; (E) which - (i) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or (ii) has as its sole owner an organization which has as - (I) its members only persons who comprise the membership of the risk retention group; and (II) its owners only persons who comprise the membership the risk retention group and who are provided insurance by such group (F) whose members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises or operations; (G) whose activities do not include the provision of insurance other than - (i) liability insurance for assuming and spreading all or any portion of the similar or related liability exposure of its group members and; (ii) reinsurance with respect to the similar or related liability exposure of any other risk retention group (or any member of such other group) which is engaged in businesses or activities so that such group (or members) meets the requirement described in subparagraph (F) for membership in the risk retention group which provides such reinsurance; and (H) the name of which includes the phrase 'Risk Retention Group.' (5) 'purchasing group' means any group which - (A) has as one of its purposes the purchase of liability insurance on a group basis; (B) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (C); (C) is composed of members whose business or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and (D) is domiciled in any State. (6) 'State means any State of the United States or the District of Columbia and (7) 'hazardous financial condition' means that, based on its present or reasonably anticipated financial condition, a risk retention group is unlikely to be able - (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (C) The definition of liability, personal risk liability and insurance in paragraph (4) of subsection (a) of this section shall not be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State.   Risk Retention Groups: SEC. 3. (a) Except as provided in this section, a risk retention group is exempt from any State law, rule, regulation, or order to the extent that such law, rule, regulation or order would - (1) make unlawful, or regulate, directly or indirectly, the operation of a risk retention group except that the jurisdiction in which it is chartered may regulate the formation and operation of such a group and any State may require such a group to - (A) comply with the unfair claim settlement practices law of the State; (B) pay, on a nondiscriminatory basis, applicable premium and other taxes which are levied on admitted insurers and surplus lines insurers, brokers or policyholders under the laws of the State; (C) participate, on a nondiscriminatory basis, in any mechanism established or authorized under the law of the State for the equitable apportionment among insurers of liability insurance losses and expenses incurred on policies written through such mechanism; (D) register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (E) submit to an examination by the State insurance commissioner in any State in which the group is doing business to determine the group's financial condition if - (i) the commissioner of the jurisdiction in which the group is chartered has not begun or has refused to initiate an examination of the group; and (ii) Any such examination shall be coordinated to avoid unjustified duplication and unjustified repetition. (F) comply with a lawful order issued - (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (E); or (ii) in a voluntary dissolution proceeding. (G) comply with any State law regarding deceptive, false or fraudulent acts or practices, except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the group is in hazardous financial condition or is financially impaired; and (I) provide the following notice, in 10-point type, in any insurance policy issued by such group: NOTICE This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of our State. State insurance insolvency guaranty funds are not available for your risk retention group. (2) require or permit a risk retention group to participate in any insurance insolvency guaranty association to which an insurer licensed in the State is required to belong; (3) require any insurance policy issued to a risk retention group or any member of the group to be countersigned by an insurance agent or broker residing in that state; or (4) otherwise discriminate against a risk retention group or any of its member, except that nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (b) The exemptions specified in subsection (a) apply to laws governing the insurance business pertaining to - (1) liability insurance coverage provided by a risk retention group for - (A) such group; or (B) any person who is a member of such group; (2) the sale of liability insurance coverage for a risk retention group; and (3) the provision of - (A) insurance related services; (B) management, operations, and investment activities; or (C) loss control and claims admin... hazardous financial condition. Such order shall be binding on such group, its officers, agents and employees, and on any other person acting in active concert with any such officer, agent, or employee, if such other person has actual notice of such order. Oversight of Implementations: Report to Congress (a) IN GENERAL. - (1) Not later than Sept. 1, 1987, and not later than Sept. 1, 1989, the Secretary of Commerce shall submit reports to the Congress concerning the implementation of this Act. (2) Such report shall be based on - (A) the Secretary's consultation with State insurance commissioners, risk retention groups, purchasing groups, and other interested parties; and (B) the Secretary's analysis of other information available to the Secretary.

https://completemarkets.com/Article/article-post/1363/EMPLOYEE-COMPENSATION/
Employee Compensation
EMPLOYEE COMPENSATION At first glance, there seems to be no great secret to employee compensation. We all work to be paid. Pay your people well, and they'll work hard for the agency and stay with you as you grow. But you've managed people, and you know it's not that easy. The compensation must be fair and adequate, must be directly related to the task you want performed, and must allow the agency to profit while tying key employees in to agency growth. Because every agency is different, we're providing different options. You'll find two sections-'CSR Compensation' and 'Producer Compensation.' The former should answer your questions regarding base salary and financial and non-financial incentives you may offer your CSRs to generate X-dates and cross-sales. The latter presents formulas that will help you determine how to motivate your producers while still generating enough agency profit, and outlines your options regarding equity ownership and producer contracts. We know that properly compensating your staff is not as easy as it sounds. This will help you sort out your choices and design a plan that works for you. CSR COMPENSATION You've hired a new Customer Service Representative (CSR) . He or she may not have technical insurance knowledge-it really doesn't matter. Either way, your new CSR is a person you feel can contribute to the overall success of your agency. The key to all your Customer Service Representatives' success, and your profitability, is to motivate them to provide your products and services to the consumers in your community. DEFINING CSRS' ROLES AND METHODS OF COMPENSATION CSR's Duties An agency's Customer Service staff handles a variety of tasks. Here we'll try to clarify a few positions and accompanying duties. Then we'll discuss some of the financial benefits you may wish to offer your CSRs for performing certain types of duties. Customer Service Representatives-also known as Account Executives, Account Representatives, and Customer Service Agents-are the communications link between your insurance company personnel and your Personal and Commercial Lines clients. This contact may be through the mail, over the telephone, and in face-to-face visits either in the agency or at the insured location. CSRs become involved in client and company 'demand contacts' when the producers are not available-one would hope that is at least 80% of the working day- Demand contacts are the questions you receive regarding billings, endorsements, claims, and anything else you handle after the client purchases your products. To perform these duties properly requires proper training, education, evaluation, and compensation. With these, your CSRs can become your most productive partners in account development. And the employee who is fairly and adequately compensated will remain a loyal and productive member of your agency team for a long time. TYPES OF REWARDS There are four types of rewards you can use to compensate and motivate your CSRs: Financial rewards: These are the dollars and cents you pay directly for a job well done. Professional rewards: An investment in your agency's future, these types of rewards allow your employees to take advantage of an immediate benefit that gratifies their present ambitions. The agency's return comes through the stability of a well-balanced support team. Emotional rewards: These contribute to the positive mental attitudes that will keep the agency staff working together productively toward a common goal of comfort and enjoyment. Security rewards: These allow you to maintain a stable work group, which ultimately increases profit as you minimize recruitment, training, and development costs. FINANCIAL REWARDS-BASE SALARY Customer Support Representatives should be oriented to think, plan, and develop on an annual basis- The base salary structure that is most helpful in accomplishing this is based on a 40-hour work week, 52 weeks each year. So often it's found that when people discuss their pay in hourly or weekly figures, that's about as far ahead as they will plan- Annualizing your salary amounts helps your CSRs to begin thinking in terms of what they can do next year, in two years, in five years, and so on. In other sections of this disc, you'll find some suggested salary ranges for Personal and Commercial Lines CSRs and CSR Managers. But, keeping in mind the regional variances in salaries and the differences between each agency, you may also want to contact the following for guidance: Any local company office's personnel division Your Chamber of Commerce Association offices Local competitors with whom you're acquainted Additional information and analysis of each profit center (Personal Lines, Regular Commercial Lines, Exceptional Commercial Lines, Life and Health, and so on) helps tie productivity to profitability. Following is an example of such an analysis. Sample Profit Center Salary Schedule Agency Expenses ... x $420 = $113.66 5. Monthly, quarterly, or annual bonus based on profitability: Payment of a flat-dollar value any time the profit center meets production and performance goals. EXAMPLE #4 Let's say your management goal for the coming year is to earn 20% profit in each profit center. Supposing a sample Personal Lines division that represents about 40% of the total agency expenses of $200,000, or $80,000, you'd need to produce $96,000 of income or roughly $650,000 in written premiums (at an average of 15%) to reach your goal. Presently, you've got close to $500,000 of Personal Auto, Homeowners, and 'miscellaneous' business on the books. To increase the volume to $650,000, an additional $3,000 in NET premium must be produced each week. (To establish goals for your staff, use numbers they'll understand. In this case, only $1,500 in written premium for each of two CSRs in that division will fulfill this goal.) To compensate your CSRs, you should share the additional profits they helped to create - You have $ 1,500 in additional profit . There are two full-time employees and one part-time employee in your Personal Lines division- You could split the bonus evenly among the three or, as in our earlier example, calculate their individual share, as reflected by their proportionate salaries. For example: Employee A $ 8,600 Employee B $13,000 Employee C $20,000 Total $41,600 $ ...

https://completemarkets.com/Article/article-post/1490/EMPLOYEE-COMPENSATION-1/
Employee Compensation 1
  EMPLOYEE COMPENSATION At first glance, there seems to be no great secret to employee compensation. We all work to be paid. Pay your people well, and they'll work hard for the agency and stay with you as you grow. But you've managed people, and you know it's not that easy. The compensation must be fair and adequate, must be directly related to the task you want performed, and must allow the agency to profit while tying key employees in to agency growth. Because every agency is different, we're providing different options. You'll find two sections-'CSR Compensation' and 'Producer Compensation.' The former should answer your questions regarding base salary and financial and non-financial incentives you may offer your CSRs to generate X-dates and cross-sales. The latter presents formulas that will help you determine how to motivate your producers while still generating enough agency profit, and outlines your options regarding equity ownership and producer contracts. We know that properly compensating your staff is not as easy as it sounds. This will help you sort out your choices and design a plan that works for you. CSR COMPENSATION You've hired a new Customer Service Representative (CSR) . He or she may not have technical insurance knowledge-it really doesn't matter. Either way, your new CSR is a person you feel can contribute to the overall success of your agency. The key to all your Customer Service Representatives' success, and your profitability, is to motivate them to provide your products and services to the consumers in your community. DEFINING CSRS' ROLES AND METHODS OF COMPENSATION CSR's Duties An agency's Customer Service staff handles a variety of tasks. Here we'll try to clarify a few positions and accompanying duties. Then we'll discuss some of the financial benefits you may wish to offer your CSRs for performing certain types of duties. Customer Service Representatives-also known as Account Executives, Account Representatives, and Customer Service Agents-are the communications link between your insurance company personnel and your Personal and Commercial Lines clients. This contact may be through the mail, over the telephone, and in face-to-face visits either in the agency or at the insured location. CSRs become involved in client and company 'demand contacts' when the producers are not available-one would hope that is at least 80% of the working day- Demand contacts are the questions you receive regarding billings, endorsements, claims, and anything else you handle after the client purchases your products. To perform these duties properly requires proper training, education, evaluation, and compensation. With these, your CSRs can become your most productive partners in account development. And the employee who is fairly and adequately compensated will remain a loyal and productive member of your agency team for a long time. TYPES OF REWARDS There are four types of rewards you can use to compensate and motivate your CSRs: Financial rewards: These are the dollars and cents you pay directly for a job well done. Professional rewards: An investment in your agency's future, these types of rewards allow your employees to take advantage of an immediate benefit that gratifies their present ambitions. The agency's return comes through the stability of a well-balanced support team. Emotional rewards: These contribute to the positive mental attitudes that will keep the agency staff working together productively toward a common goal of comfort and enjoyment. Security rewards: These allow you to maintain a stable work group, which ultimately increases profit as you minimize recruitment, training, and development costs. FINANCIAL REWARDS-BASE SALARY Customer Support Representatives should be oriented to think, plan, and develop on an annual basis- The base salary structure that is most helpful in accomplishing this is based on a 40-hour work week, 52 weeks each year. So often it's found that when people discuss their pay in hourly or weekly figures, that's about as far ahead as they will plan- Annualizing your salary amounts helps your CSRs to begin thinking in terms of what they can do next year, in two years, in five years, and so on. In other sections of this disc, you'll find some suggested salary ranges for Personal and Commercial Lines CSRs and CSR Managers. But, keeping in mind the regional variances in salaries and the differences between each agency, you may also want to contact the following for guidance: Any local company office's personnel division Your Chamber of Commerce Association offices Local competitors with whom you're acquainted Additional information and analysis of each profit center (Personal Lines, Regular Commercial Lines, Exceptional Commercial Lines, Life and Health, and so on) helps tie productivity to profitability. Following is an example of such an analysis. Sample Profit Center Salary Schedule ...x $420 = $113.66 5. Monthly, quarterly, or annual bonus based on profitability: Payment of a flat-dollar value any time the profit center meets production and performance goals. EXAMPLE #4 Let's say your management goal for the coming year is to earn 20% profit in each profit center. Supposing a sample Personal Lines division that represents about 40% of the total agency expenses of $200,000, or $80,000, you'd need to produce $96,000 of income or roughly $650,000 in written premiums (at an average of 15%) to reach your goal. Presently, you've got close to $500,000 of Personal Auto, Homeowners, and 'miscellaneous' business on the books. To increase the volume to $650,000, an additional $3,000 in NET premium must be produced each week. (To establish goals for your staff, use numbers they'll understand. In this case, only $1,500 in written premium for each of two CSRs in that division will fulfill this goal.) e='Verdan

https://completemarkets.com/Article/article-post/2563/SALES-CENTER-PART-2/
SALES CENTER - PART 2
TELEMARKETER'S SKILLS You might look toward four basic types of people when you're searching for prospective telemarketers: Your own administrative or service employees Professional salespeople Experienced telemarketers New employees who express an interest in telemarketing, but have little or no sales background Surprisingly, most experts will tell you to choose the fourth type of person for a new telemarketing position. Here's why: Your own administrative people, Sales Center Assistants, or Customer Service Representatives are used to dealing with your insureds, but in a reactive, not proactive, manner. They respond to queries from clients and prospects and address their concerns, but it's very hard for a person who is in a stable, reactive position to become an assertive, proactive salesperson. As mentioned previously, the CSR position may provide an excellent opportunity to X-date and cross-sell; if so, by all means, use it. But to require your CSRs to function as telemarketers may clash with the sense of loyalty they often feel to their clients, especially if they feel that "selling" is no longer "servicing." And of course, the salary structure and hours for the average telemarketing position will differ greatly from those of the average CSR or administrative assistant. Professional salespeople generally don't make good telemarketers. Often they're stimulated by the personal freedom of an outside sales job, where they are "their own boss." An inside telemarketing job where they're simply calling for X-dates usually won't provide the freedom, challenge, or wages that a good salesperson would require. In some cases, telemarketing can be an effective first step for a young person who aspires to an eventual outside sales position. But experts warn that promising budding telemarketers a promotion to outside sales if they are good on the phone is a bad tactic- you're telling your people that if they do their job right, they'll be leaving it. Professional telemarketers are not recommended by most telemarketing experts, simply because people are not as easily trainable when they've become used to a certain way of doing things. You may find some of your best prospective employees do have experience in this field; if so, be sure to get references, ascertain the reasons they left their former positions, and determine that they are the type of people who take directions well and learn quickly. The inexperienced person, while highly recommended by most consultants, must be carefully evaluated for certain qualities. Telemarketers must have a flair for phone conversation and enjoy the work they do. People in certain types of situations will find the part-time, flexible hours and the on-the-phone selling situation to be ideal. These include students, parents of young children, writers, actors, and others who need jobs with flexible or "off" hours while they have other responsibilities. Another good resource: The low mobility of this type of job is often ideal for a physically handicapped person. In short, your best bet is to look for personality traits and qualities- not an impressive sales history. Find candidates who are good communicators, sound good over the phone, and can appreciate the benefits that the position offers. Conducting the Interview Each of us has different personalities for face-to-face and telephone interaction. It's very important to conduct the first interview with applicants over the phone. The telephone personality is one-third of what you're looking for; the other two-thirds are communication skills and motivation. Before you begin interviewing, you need a comprehensive job description of the position, so you can adequately communicate to prospective telemarketers their duties. The "Telemarketing Candidate Evaluation Form" found below will help you conduct that initial telephone interview and determine whether the candidate is someone in whom you want to invest more interviewing time. If so, you should then schedule a face-to-face interview and obtain the necessary information to check job history, consult with references, and so on. Likely Candidates: The Face-to-Face Interview When it comes time to meet your telemarketing candidates in person, you should be certain of their skills. You've heard them on the phone, and evaluated their selling skills (as they tried to "sell you" themselves). Now you need to obtain all the background information you would obtain on any job candidate and evaluate your candidates' personal appearance. Find information about past employment, references, and so on-and follow up. And take a look at whom you're hiring; even though these people will be working on the phone all day, they should still present a professional appearance. Salary vs. Commission vs. Bonus: Which Is Best? Generally, insurance agency telemarketers are paid an hourly salary (often minimum wage) and are paid a set fee, such as $1 to $3 for each X-date they obtain or appointment they make. (Most outside service bureaus will either charge one general fee per call or per hour.) But because a telemarketer's job can be intense and narrow in scope, it's important to offer recognition for a job well done. One good method is to hold contests and give a bonus to the telemarketer who meets or exceeds production standards. The bonus should be monetary-but don't overlook the value of simple recognition of a job well done, and broadcast your congratulations throughout the agency. TELEMARKETING CANDIDATE EVALUATION FORM NAME ________________________________________________________________________ TELEPHONE NUMBER _________________________________________________________ PHONE INTERVIEWER _________________________________ DATE __________________ 1. Do you have any experience with telephone sales or customer service? [ ] Yes [ ] No 2. Are you currently employed? [ ] Yes [ ] No In what position? ___________________________ What is your current salary? __________________ Why are you leaving? ________________________ 3. Why are you interested in this job? 4. What are the most important attributes or personality characteristics a successful telemarketer possesses? 5. What do you see as the drawbacks of working as a telemarketer? 6. Please detail for me your telephone sales or marketing skills and experience: INTERVIEW IMPACT On a scale of one to ten, how does this candidate impress you? ... R/D - Re_entered/Deleted S - Source: A - Account Development D - Deed List R - Referral C - Company Lead C - Coverage Code: H - Homeowners A - Auto L - Life M - Misc. EXPANDING YOUR MARKETING EFFORTS Most insurance agencies initially contact their clients for cross-selling purposes. However, now or in the future, you might find that you'd like your Sales Center staff or telemarketers to contact a larger portion of your market. If so, how do you go about getting prospects? You might use the phone book or a directory from the phone company that lists people in your community by street addresses. Or you might look toward a prepared prospect list for a more sophisticated marketing effort. In this section, we'll discuss prospect list selection and evaluation. CRITERIA FOR LIST SELECTION The goal when selecting a prospect list is to find a list that reflects your theoretical "ideal market " as closely as possible. If you have identified your market correctly, this will mean fewer calls per successful contact. The fewer calls per contact, the more cost-effective your program will be and the better your chances for great success. A good deal of work goes into developing your ideal market. You need to ascertain which demographic traits identify prospects to whom you wish to sell, and for whom you can market attractive products. Once you've determined which products you want to sell and who your ideal buyers are, you can look into obtaining prospect lists. List compilation and updating is an ongoing process. Lists are compiled in a number of ways: Company records, such as past customer files or telephone inquiries. The best prospects are clients who are already insured with you, which is the reason most agencies begin their telemarketing with their client lists. Respondents to any promotion, invitation, survey, direct mailing, or catalog offer, as well as seminar attendees Phone directories Business directories Magazine subscribers Members of various organizations Government and Commercial records, surveys, research, and statistics You can compile the first two types of lists yourself, from your own files or promotional pieces, or you can fax a list broker to obtain a list from an outside source. Later in this section you'll read more about "List Sources." Most lists are not qualified beyond several demographic facts, so you need to decide which traits are most important for you to determine, and limit your criteria to these traits. The more specialized the traits, the harder it is to find a prospect list that will meet your specifications (and the more expensive the list). RENTING VS. OWNING A LIST There are five options for obtaining a prospect list: Compile it yourself Pay a vendor to compile it for you Buy a list that someone else owns Barter or trade for a list that someone else owns Rent a list that someone else owns If you choose to own a list, you can use it as often as you wish for any purpose, including renting it to others. But if you rent a list, you are usually subject to certain limitations that you should be fully aware of before you rent. If you're using the list for direct mail, you "own" a name on the list when a prospect indicates interest by responding to you. (Otherwise, if you mail to the prospect again, you may be charged a second rental fee.) But for telemarketing purposes, once the telephone contact is made, the list broker usually acknowledges that you "own" the name and may continue to contact that individual as you wish. Renting a list may provide you with a wider selection of names and sources, and it can be less expensive than having a list compiled for y you. But be sure to inquire about usage rights before you decide to own or rent a prospect list. List Format and Delivery While many prospect lists are designed for direct-mail solicitation, and don't come with phone numbers, some list brokers will look up numbers for an additional fee or recommend a "look up " service for this task. Keep in mind when figuring costs that it takes about one hour for one person to look up between 40 and 50 numbers. Prospect lists generally come in one of the following formats: pressure-sensitive mailing labels, address plates for mailing machines, index cards, computer printouts, computer tape or disk, or on-line computer database. While mailing labels and plates are good for mailings, obviously if you've got the right hardware, you'll prefer computerized lists. Some list suppliers will allow you to call their computer via a modem for direct access to their lists. List Accuracy and Effectiveness It 's important to determine the age of any list before you rent or buy. Also ask about guarantees concerning phone numbers you can't find or businesses you can't reach if the list isn't up to date. A good guide: A list that hasn't been updated in over a year is almost certainly obsolete. Even with an "updated" list, you can plan on as many as 30% of prospects not having correct phone numbers. Many list vendors will reimburse you for this. Some lists are compilations of several market segments-especially lists of Commercial prospects. Make sure to have the list separated by market segment. Ask who the current and previous owners of the list are, to make sure you're not competing with the agency down the street for these prospects' attention. Another good rule: The more a list is used, the less effective it is likely to be. Try to get lists that have been relatively unexploited in the last six months. Also, confirm how the list was compiled and what sources were used to try and determine the prospects' interest in your products and services. Test Sampling Before you rent or buy a large prospect list, see if the owner will allow you to test a sample. The sample should be random, and a separate fee will probably be charged for this procedure. If you want the full list after sampling, you'll pay the regular price. Prices/Rates Most lists are priced or rented for a set fee per 1,000 names. Sometimes, lists are priced or rented for a flat fee, depending on the source. You can sometimes rent portions of a larger list or just specific subsections, such as all names within a certain geographic area, or all names under a certain SIC code. LIST SOURCES As mentioned previously, there are several basic sources of prospect lists. Here we'll outline the advantages and drawbacks backs of each. YOUR OWN COMPANY RECORDS: The best source of future clients is past clients, either those who used to be insured with your agency or those to whom you can sell more than you currently have sold. The advantages of using your company records is that they are highly effective and inexpensive, contain a lot of information on each prospect, are usually accurate and up to date, and there is no question about list source, previous usage, or ownership. Of course, there is one major disadvantage: These lists don't include markets you may wish to enter or new clients you may wish to contact. PHONE DIRECTORIES AND YELLOW PAGES: Through these sources, you can qualify prospects by location, and almost everyone in a chosen location is listed, with phone numbers. Also, these directories are easy to obtain and inexpensive. But you'll have little luck marketing to a specific category of people, and the names are poorly qualified, so you'll have a high call-per-sale ratio. BUSINESS AND CITY DIRECTORIES: There are several publishers that compile consumer and business lists into books called directories. Generally, you'll find that these directories are inexpensive per name, provide fairly detailed information, and sometimes identify phone numbers not found in a telephone book. However, you might have to search to find one that's been recently updated, and you can't target very specific markets through such a directory, which means you'll have a high call-per-sale ratio. LIST BROKERS, MANAGERS, AND COMPILERS: You can usually find such brokers in your local Yellow Pages under "Mailing Lists." Most list managers handle several lists at once and can accommodate many different needs. They usually receive a 20% commission on a rented list. You may find a list manager who will provide demographic summaries of various areas or markets, breaking down family incomes, education, occupations, or so on. These can help you pinpoint the best list for your marketing efforts. By using a list broker, you'll usually have a wide selection of lists from which to choose, and assistance in targeting markets, planning, and preparing lists. Also, you can often obtain highly specialized lists. However, most lists can only be rented, not purchased, and some lists will not contain phone numbers. Also, you might find that names are duplicated between a number of lists, that list accuracy and quality is somewhat uncertain, or that the list has been rented by several companies and "overused." MAGAZINES AND OTHER PERIODICALS: Some publications will rent you a list of their subscribers directly or through a broker. Periodical lists can represent either very broad markets (such as Newsweek or the Los Angeles Times) or much more specialized ones (such as the Southern Missouri Journal of Publishers or The Journal of Pediatric Rheumatology). Many smaller publications provide you with a specialized and unexploited list of people in a certain profession or with certain interests-all the more valuable if you locate a list that you can prospect for Commercial and Personal Lines sales. The advantages to obtaining a list from a publisher are: Such lists are available for a wide variety of professions and industries, allow you to target market with ease, and are usually little known and unexploited. Also, these lists tend to be accurate; people tend to keep their subscriptions up to date. And the history of the list's use and compilation is well known. However, keep in mind that these lists must be rented, not purchased, and some publishers are reluctant to rent lists for telemarketing purposes. Also, these lists frequently do not include phone numbers. ASSOCIATIONS AND CLUBS: Another good source, these organizations offer unexploited lists that are usually very accurate. In most areas, there are a number of organizations serving every kind of profession, interest, and hobby, and their lists can help you to contact a very specific market. However, it may be time-consuming to use these lists, as prospects are not well qualified and your results may be unpredictable. NON-COMPETITORS IN A RELATED INDUSTRY: Some of the best lists, if you can get them, are records of companies related to yours, such as realtors. The drawback is that most companies are reluctant to provide this information, fearing it will get into the hands of competitors. Nevertheless, it has been done-with a lot of negotiation, you might be able to arrange some kind of barter system. MISCELLANEOUS SOURCES: These include local Chambers of Commerce, schools, registered driver lists of licensed professionals, and credit card and utility company lists. The secret is to keep your eyes open and keep looking mindful of the drawbacks of spending too much time on a list that has no phone numbers or few qualifying characteristics. List Contracts Whether you decide to rent or purchase a list, make certain the following is addressed in any list contract you sign: List title, quantity, and description Information to be furnished for each entry Total price, or rate per number of names Future availability of list List history (date the list last updated, previous owners, users, and so on) Guarantees for unreachable listings Sorting, segmentation, and delivery specifications Test sample size, price, and selection method As with any other contract, you need to be certain of exactly what arrangement you're getting into. Analyzing these factors will help ensure that you get a list that will give you results. BUILDING A DATABASE Once you've selected and secured a list, you need to make it easy for your sales staff to use. Here are some of the things you might want to do: ADD INFORMATION: Of course, phone numbers are a must if they're not already included. If you can, also include data about past buying patterns (what policies you already write, what kind of house/car the prospect has, and so on). RE-SORT NAMES: You may want to group names into different market segments, so that each can be approach scheduled by different people at different times. (Conversely, some agencies call Personal Lines prospects in the same area at the same times, hoping to "create a buzz" about the agency in the neighborhood.) COMPARE AND COMPILE: It's very important that your clients/prospects don't receive duplicate calls from your agency. Eliminate this possibility by compiling all the names on a master list before you give them out. RE-FORMAT LISTS: You may need to take lists from a computer screen or printout and put them on 3 x 5 cards or vice versa, depending upon your automation capabilities and the computer skills of your telemarketers. DISTRIBUTE LISTS: There are several ways you can divide lists into manageable portions: If different marketing segments lend themselves to different sales presentations, it's wise to limit one segment to a telemarketer or Sales Center Assistant (and thus, one style of presentation). You'll want to allow new staff members to handle a different kind of call than experienced ones. Also, in some cases, you'll have people working different shifts; consider which prospects your night shift is more likely to reach than your daytime staff. ASSIGN LISTS: This can be done one of two ways. If you're planning a one-time contact merely to generate interest in the agency or a product, keep the list with a certain phone. This way, lists are not moving around, getting lost, generating duplicate calls, and so on. And a salesperson on a second shift can pick up where the first one left off. But your Sales Center staff or telemarketers are generating account development, then you plan to make scheduled or repeated contact with your prospects. In this case, you should assign each individual a certain list of accounts. Repeated contact with the same person guarantees a certain feeling of rapport, and increases your chances of turning prospects into clients. DATABASE DEVELOPMENT Successful telemarketing depends on the gathering of information-and there's no better place to store the wealth of information you've gathered than in a computer database. Most independent agencies now have hardware and software capable of storing and maintaining such a prospect database. If you don't have these capabilities yet, your database could exist as folders of prospect information stored in a filing cabinet. You'll want to use telemarketing to build your database in a number of ways. For example, try to collect, verify, and keep track of the following information on each Commercial prospect: Company name, address, and phone number Key decision-maker's name, title, and function SIC classification, company's market segment classification Annual revenue, number of employees Purchasing and payment history Marketing exposure Date and purpose of the last contact and the next expected contact Your database doesn't have to be elaborate to start out. In fact, it's wise not to add a name into your prospect database until that person has been verified as a prospect; he or she should have been contacted at least once or have shown some interest in your products and services. Your potential for telemarketing success is determined largely by your database; your list is your market. Define the criteria you feel is needed in the list, then seek to obtain the appropriate information nation and keep your list constantly updated. Email this article to a Friend