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https://completemarkets.com/Article/article-post/545/Professional-Services-Marketing-A-Strategy-For-Providing-Client-Satisfaction/
Professional Services Marketing; A Strategy For Providing Client Satisfaction
An Overview Most professional services are highly personal in the nature of the service provided, be it legal, accounting, medical, etc. The consumer of professional services typically will refer to the provider of the service as 'my lawyer,' 'my accountant,' or 'my doctor,' reflecting the highly personal nature of the work. Indeed, the very need for complete confidentiality and confidence denotes the extreme personal nature of most professional services. To complicate matters, much of the process in professional services is shrouded in mystery for the typical consumer. There are very foreign terms. 'Legalese' is derided in popular press and media as a sort of arcane foreign language meant to keep the commoner from understanding basic concepts of law. The average consumer gets frustrated by the complication of rather simple matters that undergo legal processes. Arcane accounting processes are difficult and misunderstood by the general public. How many times have you had to wait in a doctor's office seemingly forever, only to have the actual examination last only five minutes? The purpose of this article is to explore services marketing concepts in current terms and apply them in a novel approach to the rendition of professional services. While much of this article makes use of the legal industry as an example, the application of the concepts flows equally with little modification to other professions. Marketing in the Professional Service Industry Professionals are simply not taught how to market in the schooling. There is no training in the area of services marketing, and worse yet, no course work offered that even remotely prepares the professional for the most basic aspect of marketing, client interaction. Ask any recent law school graduate whether marketing has anything to do with lawyering, and you'll likely be met with a blank stare. Indeed, I sought continuing education credits from the State Bar of California for course work completed in marketing towards an MBA and was denied recognition of the work for Continuing Education credit, even on appeal. The reason: These lawyers simply didn't see any relationship of marketing to the practice of law, for the client or the attorney! This is simply an example that the role of marketing in the legal services industry remains a mystery to even the most seasoned of professionals. Yet who could deny the client dissatisfaction that builds from simple failure to return telephone calls in a timely manner (or at all). If we are to go back to the classic literature in the field of services marketing, we see a common theme: The role of marketing in the services industries is to create customer value. For example, how does one create value to a customer in the legal services field? Most of the work of an attorney seems to be spent either destroying someone or their property, or preventing an abuse of some intangible right or asset. Evert Gummeson suggests that the search begins with market research. 'Value is simply quality, however the customer defines it, offered at the right price.' The goal is to find out how the consumer defines quality and what price the consumer is willing to pay for it. A key issue is whether the customer notices differences in quality between competing suppliers. If the consumer does not notice any difference, then the consumer either does not care about the level of quality or is not educated as to the available options. I would suggest that without constant client education and attention to client issues (i.e., listening to the client), there will be a lack of communication to a detrimental effect-disharmonious relations between the professional and the client, and probably a soured disposition toward the entire profession. Indeed, communication is such a large part of professional services that, at least in the legal field, it can be said that communication is the lowest common denominator of the profession; it is, in the most basic sense, what the lawyer is hired to do. Failure to communicate is a failure to execute the most basic function of the job, which is in itself a failure in quality. Quality Goal: Zero Defections Studies reflect that it's four times more expensive to obtain new business than to retain existing relationships. Furthermore, the loss of existing business destroys the compounding effect of existing client relations, i.e., personal referrals. Because professional services are by nature personal, this failure can destroy a professional business (and notice the use of the word 'business'-'profession' is the practice of a specialized skill involving a fiduciary relationship, while 'business' denotes a profit-oriented enterprise). While the service provider typically focuses on providing a level of service that it deems to be high-quality, this focus is misdirected. The issue is not whether the provider is giving superior service, but whether the consumer perceives him- or herself to be receiving it. Some literature suggests that the focus really should be on obtaining and retaining high-quality clients. The purpose behind the search for these clients is that a high-quality client will perceive and appreciate superior service. Clients that are not superior simply won't. To retain high-quality clients, particular attention should be paid to the individual needs of the client. But how does the professional actually go about discovering and assessing the client's needs? An examination of current marketing technologies and some of the newer techniques (which most professionals have a particular advantage in using over other industries) will provide insight in this area. Communications Gap Four potential shortfalls may lead to a gap between what clients expect or perceive and what they actually receive: not knowing what clients expect in the first place specifying service-quality standards that do not reflect what management believes to be the clients' expectations service performance that does not match specifications not living up to the levels of service performance promoted by marketing communications In each of these situations, the overall theme of the failures is a lack of accurate communication. Not knowing what the client expects is the most basic of communication failure-the expectation might not be as great as the lawyer perceives, or the expectation may be unrealistically high. A service standard that does not reflect the client's expectations may actually be over-servicing a client. The actual service required by the client may be at a level lower than that being provided, and the client's reasons might not be well known to the professional (for example, lower cost, less paperwork, etc.). Just as dangerous is to promise the client a certain level of service that cannot be delivered-for instance, providing periodic status reports when a crushing case load does not permit the time to do so. Finally, advertising or communicating a level of service that you cannot meet is a terrible blow to the professional's credibility, and the exponential effect on negative referral can destroy a practice. The service point failures may be caused by a client who is unable to express him- or herself accurately for a variety of reasons, but the professional also has a responsibility to develop the communications system with the client more fully. Understanding Fail Points 'Organizations that are known for excellent service are good at listening to both their customers and their customer-contact employees.' One of the biggest dangers in client contact in professional services is the personal offense taken by the professional or staff at a time when the frustrated client is simply trying to communicate the need for clearer dialogue and understanding. The technical and complex nature of most professional work causes the professional to focus on situational results rather than the client needs for particular service levels. Staff members, typically the first point of client contact, are particularly vulnerable to attacks of frustration. Several time-tested marketing techniques may be utilized to gain a more full understanding of the client and the client's expectations. Traditional forms of gathering marketing data include complaint analysis, post-transaction surveys, ongoing surveys, employee surveys, focus group interviews, 'mystery shopping,' and competitive market surveys. Most of these techniques are not well suited to professional services. But complaints are universal and have particular application to personal services. For the purpose of this article, the focus will be on complaints: why complaints are an important marketing tool, techniques in using complaints to further client relations and to turn a hostile situation into one of positive return. Complaints Complaints provide an opportunity not only to study the fail points but to move the customer higher in the satisfaction scale. If the service provider can get beyond the emotional issue of an unhappy client, the learning process can begin. With respect to products, the frequency range of complaints runs from 20% to 50% of the time, with the average being one-third. There's no indication that the service industry has a complaint ratio any different from that of manufacturers. This represents an alarmingly high ratio of dissatisfied clients. Consequently, attention needs to be paid to developing and maintaining an active process of soliciting client responses and dealing proactively with complaints: 'Learn what the customer expects in quality and performance, and monitor customer response continually.' A key element of complainers is that 'More than half share their experiences with friends and relatives, and evidence indicates that negative word of mouth can have a major influence on the buying behavior of others.' Studies reflect that 55% to 60% of complaints are resolved to the consumer's satisfaction. Beyond personal and cultural factors that determine or contribute to the complaint behavior of the consumer are the additional factors of (1) the significance of the event, (2) the knowledge and experience of the consumer, (3) the difficulty of seeking redress, and (4) the perceived probability that complaining will lead to retribution or some other, positive outcome. The rendition of legal service, for example, is particularly susceptible to each of these factors. Legal events have particular significance to the consumer regardless of the routine nature of the event to the provider. Typically the knowledge and experience of the consumer is limited. Clients will typically have difficulty seeking redress-how many law firms have a consumer service department for receiving and remedying complaints? And quite often, complaints often lead to some price reduction in the service or some other form of comparable remediation. Of course, there's always the threat of a malpractice suit or State Bar complaint. But complaints can be useful as market research data, and research suggests that a well-managed complaint-handling process can actually lead to increased sales. Analysis (and resolution) of complaints takes on two time dimensions, with some independent consequences. Real-Time Complaints Real time complaints are those that are displayed at the time that the client or consumer is engaged in the actual service delivery process. In the legal industry, this typically occurs over a duration of time: during the pendancy of a single case, or over the course of numerous matters of representation. Real-time complaints present two significant advantages over complaints received 'after the fact': a greater ability to recover the customer, and a greater ability to actually learn what the fail point was. The ability to recover the customer at the point-of-service failure is a significant advantage. The real-time complaint process has an inherent ability to bring a hostile situation to a favorable outcome. 'There is significant, convincing evidence to support the principle that making a sincere effort to rectify problems will noticeably increase consumer assurance that the firm really cares. Not surprisingly, satisfaction and intent to repurchase are strengthened in the process.' Bottom line: It shows the client that you truly care. The ability to learn about the fail point is greater with real-time complaints because memory is fresher and there's less opportunity for other factors to influence the consumer's behavior. After-The-Fact Complaints After-the-fact complaints are more limited in their market research potential. The passage of time may allow the interference of intervening factors, which might not be communicated or recognized. There is also a more limited ability to recover the client in after-the-fact complaint situations because the consumer has an opportunity to brood over the complaints and ferment greater dissatisfaction. After-the-fact complaints also have a unique quality rooted in human behavior: Seemingly minor irritants may take on much greater importance and significance as the duration of the complaint process lengthens. Still, after-the-fact complaints have market research value. They are just harder to obtain or use toward a positive outcome with the particular complaining client. Complaints as a Profit Center The Technical Assistance Research Program Institute (TARP) report argues that complaint handling should be seen as a profit center, not a cost center, and created a formula to help companies relate the value of retaining a profitable customer to the overall cost of funding an effective complaint-handling unit. The study showed positive returns on investment in the complaint-handling and remediation process. Flow Charts Christopher Lovelock suggests charting the service process to identify potential fail points, including both the 'front-stage' and 'back-stage' processes. 'Front-stage' processes are those that the client or customer can readily see and come in contact with-receptionist activities, receipt of correspondence and documents, face-to-face contact with the professional and staff, etc. 'Back-stage' processes are those that the client doesn't see but nevertheless affect the quality of service that the client will receive: telephone conversations with others related to the client's cause, preparation of documents, court appearances (in law) where the client is not present, and so forth. Lovelock touts the preparation of flowcharts to examine the service process. Flowcharts help identify links in the chain of service and identify where weaknesses may exist, or points where failure may occur. A flow chart would be created for each type of service operation. For instance, one would be created for the receipt and forwarding of a client telephone call to the attorney. Or a separate chart may examine the process of setting appointments, or the preparation of a patient for examination. (Flow-charting in this manner also has an unintended benefit: helping the service provider examine and eliminate inefficient processes.) A specific kind of flow chart, 'control charts,' display performance over time against specific quality criteria. A 'control chart' is typically a fishbone chart or diagram that shows the cause and effect of factors that might be related to a specific problem. This type of charting helps the service provider narrow the possibilities of service point failure causation to expedite remediation strategies. Client Involvement Flow-charting helps the service provider see where the client or customer is involved in the service-provision process. These are not only 'front-stage' points of possible failure but also points at which client participation needs to be optimized to facilitate client satisfaction and productive results. When customers (or clients) are deeply involved in the service production process, managers should be examining how customers' inputs can be made more productive. There are three strategies to increasing the productivity of customer inputs to the service production process: changing the timing of customer demand (that is, shifting demand away from peak times), involving customers more in the production process, and asking customers to use third parties (specialist intermediaries). The timing of customer demand can be easily related via the peaks-and-valleys nature of legal work. Phone calls are a prime example. To the lawyer it seems as if everyone has problems all at the same time, and of course, everyone needs to have an answer yesterday. Voice mail has the ability of smoothing out the peaks and valleys by permitting the service provider to gather telephone messages and then return calls at the time of day the service provider directs. There's no reason why the client or customer cannot be advised in the voice mail greeting that his or her call will be returned during a certain period of time, so that they can be prepared for it. Alternatively, the client may advise of a different time when the lawyer could call if it's not possible to receive a call at the appointed time. This system permits the lawyer to control the timing of demand, and makes the lawyer look responsive to the client's service needs. Voice mail permits the flexibility necessary to change the return call time on a daily basis so that the service provider may enjoy a flexible schedule. Involving the consumer more in the service production simply entails having the client do more for him or herself to accomplish the goals for which the professional was hired in the first place. For example, the preparation of a civil complaint need not be entirely done by the lawyer-much of a civil complaint contains stock language that for one reason or another has become traditional or 'necessary' and if left out could have disastrous results. There's no valid reason why a document with the necessary form language cannot be provided to the client so that the client can put the nature of the dispute in his or her own words. Of course, the lawyer will need to intercede with proper formatting. But the point is that if the client is involved in the process, he or she will obtain a much greater appreciation for the lawyer's work that goes into the preparing the document. Involving the consumer may consequently also cut the labor and cost of the service provider, though just as easily increase the cost. But generally, client involvement at this level gives the consumer a better understanding of the process and greater satisfaction in the outcome. Asking the client to use the services of specialist intermediaries also increases the productivity of customer inputs to the service production process. This involves delegating one or more of the support functions to third parties. In the legal services industry, many lawyers feel threatened by paralegal services, which are able to provide many of the same services that a lawyer provides at a much lower expense. I advocate the use of paralegal services (and not a firm paralegal/employee) for delegation of non-lawyer duties such as preparing answers to interrogatories, preparing form documents, and general assistance. The consumer will appreciate his or her economic interests being first (rather than the lawyer's), and this will free up the lawyer from performing low-margin work. The Current State Of Technology Traditional marketing research usually consists of written surveys, telephone surveys, focus groups, and variations of these themes. These market research techniques have various shortcomings that are difficult or impossible to overcome: lack of candor, inability to monitor, inability to ask follow-up questions, low return, the potential for irritating people and thus alienating them, an inability to ask follow-up questions, and stale memories. Such research may end up being nothing more than a tracking study. Yet the professional is in a unique position relative to other industries because of the fiduciary and confidential relationship established when hired. The idea is to take advantage of these unique relationship qualities to implement the newer marketing technology of storytelling (which Jungian psychologists have been using for years). The purpose of story telling is to get inside of the nonverbal communication. 'Just think, for example, of the last time you made eye contact with an attractive stranger. A whole range of feelings washed over you, and at that moment it would be hard to argue with the hoary notion that at least 80% of all human communication is nonverbal.' The methodology of story telling in a marketing context involves drawing metaphors out of people to elicit their true feelings. Gerald Zaltman, Harvard Business School professor, has set up a working laboratory of metaphors. He asks consumers to spend a few weeks thinking about how they would visually represent their experiences with a company and then asks them to cut pictures from magazines that convey their feelings. Later, some subjects come to the lab and tell stories about the images and the connections between them. A case study worth repeating: Du Pont Corp. turned to Zaltman because they thought that the standard line they were getting in their market research from women, that they wore pantyhose because they felt they had to and that they hated it, was inaccurate. Zaltman conducted storytelling market research, and the results were surprising: ''As we kept probing into the emotions behind the choice of these photos, the women finally began admitting that hose made them feel sensual, sexy, and more attractive to men,' says [Glenda] Green [a marketing research manager at Du Pont]. 'There's no way anyone would admit that in a focus group.'' Quicken and QuickBooks financial management software was originally the product of market research on non-customers. Intuit Corp. targeted non-customers to examine how they worked-leading to the invention of Quicken and QuickBooks. Intuit later instituted a 'Follow Me Home' program: Marketers and engineers peer over customer shoulders to see how they fare in their attempts to get the software installed and use the software. This program was eventually expanded where microcassette recorders were left at the homes of customers so that anytime customers got irritated they could simply press RECORD and file their complaints. The benefits of storytelling from a marketing standpoint are a more accurate recording of the consumer's true feelings and a less expensive marketing research program. 'Gerald Zaltman claims that he stops hearing much that's new after 15 or 20 people have passed through this metaphor lab.' The implications in professional services are enormous. The professional is in a daily position to elicit stories from the client, and in fact that is what the professional does a great deal of the time. The stories that the professional garners, though, are usually about the reason for consultation rather than the state of the professional services the client is receiving. The professional can use the service process, with client involvement, to solicit on a regular basis client feelings toward the service process. Some stories may be general in nature and some may be focused more on the anger inherent in the clients' problems, but all of them relate a story to how clients perceive the process as either helping or hurting them, and these stories have direct consequence to the perception they have toward the services being rendered. For example, during the preparation of a complaint, the client may be asked how he or she felt writing the story down in a legal context. Was it demeaning? Was there anger? Did it help displace some negative feelings? This sort of investigation has broad application across the service provision process. Conclusion The retention of business needs to be a priority of the professional services provider. Retention of clients not only is cheaper than finding new ones, but has an exponential effect on subsequent referrals. At the same time, the practitioner needs to recognize that...

https://completemarkets.com/Article/article-post/2287/Producer-Success-Lesson-12-Professional-Image/
Producer Success Lesson 12: Professional Image
Nothing happens until somebody sells something. To make sales happen, IMMS.com Key Sales Consultant Randy Schwantz has created a comprehensive series of 43 Producer Success Lessons. Used singly or in combination, these powerful tools can help your producers build their skills - and grow their sales. A huge man saw a sign in the window of a bar reading 'Bouncer Needed.' He walked in and asked, 'You hirin' bouncers? I'm the best - as professional as they come.' The bartender said, 'What makes you so professional?' The man replied, 'I can spot trouble from a mile away - watch this.' He walked over to a loud, obnoxious drunk at the end of the bar, lifted him, and threw him out the back door. He came back to the bar with a satisfied smile on his face. 'So, you can see,' he said, 'I know how to do this stuff. What else do I need to do?' 'Talk to the owner,' the bartender answered. 'Great, where can I find the owner?' 'He's coming in the back door right about now.' Have you ever been so caught up in presenting what you thought was the correct image that you made a silly mistake like this? Many people who regard themselves as professionals have a view of professional behavior that doesn't fit their style - so they either behave in a way that to them is unprofessional but comfortable, or they meet their own standard of professional behavior but they're uncomfortable. Neither scenario contributes to top performance. What is a Professional? One description of a professional is someone with extensive specialized knowledge and high standards of client confidentiality, such as a lawyer, doctor, or banker. They often surround themselves with layers of 'professional image' intended to impress others. What do you really want from such professionals? Not their fancy office or their degrees from Harvard - you want their specialized knowledge to be used to solve your problems. So what a professional is really someone with the extensive specialized knowledge and communication skills to help solve clients' problems. People Buy from People They Trust Notice that this definition doesn't mention expensive offices and Harvard degrees on the wall. I also didn't include trappings such as three-piece suits, Rolex watches, and snooty attitudes. These bits of veneer are fine, and you may want to use them to your advantage. But people put on the veneer to impress clients, and what clients care about is expert knowledge. Did you ever go to a doctor with whom you immediately felt comfortable? It was probably because the doctor was friendly, asked you questions, and listened. Now think about a doctor you didn't like. Was it because they were stuffy and 'professional?' Instead of imitating someone you've seen and heard about, try being yourself. Are you unprofessional in some way? Go back to the definition. Would being sincere and open build trust? Of course it would. In fact, taking someone else as a role model will almost certainly inhibit you, causing a breakdown in your ability to communicate and actually reducing trust in the relationship you're trying to build. The true professional is not someone with a pinstriped suit and highfalutin talk. True professionals are those who know their business, know their clients, and deliver what they promise when they promise. True professionals can be trusted because they are trustworthy, not because they act 'professional.' The Criteria for Professionalism We've established that trust is the key ingredient in a professional relationship. What can you do regularly to ensure that that bond of trust will remain in place? Here are some ways: Know the insurance business Know your clients (MVPs, Commercial producers, Risk Managers, executives) Solve problems Deliver results Knowing your business means knowing all aspects of it. You should be able to discuss almost any product or program. You should know all your markets, how to fill out forms, and what coverages are available. Stay on top of what your competitors are doing. Read constantly. According to one efficiency expert, reading about your area of interest for one hour every day will give you these results: In one year, you'll be recognized in your company as an expert. In two years, you'll be well-known throughout your industry as an expert. In three years, you'll be a nationally recognized expert in your field. If you really love the insurance business, reading about it is entertainment, not a chore! You're in a much better position to help your clients when you're the expert. Knowing your client means really understanding what makes them tick. Ask questions, and really listen to the answers. Spend time getting to know their insurance needs so you can make the best recommendations possible. The more time you spend listening to their problems, the better able to offer solutions you'll be. That's really all we have to build value in the insurance business - effective use of time. One of the most effective uses of your time is getting to know your clients' real needs and desires as they relate to your business. Solving problems is different from selling products. Some sales training courses euphemistically refer to hard-core selling as problem solving, but that just ain't so. When you're manipulating and pressuring clients, you're not solving their problems - you're creating more for them. Don't be fooled into believing your clients and prospects don't know what they need. They know. Getting them to tell you is the challenge. The only way to uncover that real problem and then offer the ideal solution is to question, question, question. Only when you really understand the client's pain can you offer the right medicine. Speaking of medicine, there's no reason your solution has to be an extremely technical, hard-to-understand prescription. Stay away from jargon and technospeak when presenting your solution. Clients don't care about that - they care about results. Delivering results means being on time, on budget, and on top of it. You must do what you say you'll do every time. Failure in this area even once can ruin a relationship. This goes for little things, such as returning phone calls, as well as bigger things, such as presenting proposals on time. Everything you do either moves the client closer to their goal or hinders their progress. Do you insist on results - every time? Take This Personally The true professional is able to move from a business relationship to a more personal relationship without a hitch. That's because there isn't supposed to be a wall between the two types of relationships. Business is personal. So feel free to be yourself, and devote the energy you were putting into your 'professional image' to listening to your clients and getting the results they want. Exercises List courses that will increase your insurance knowledge. Plan to attend them in the next few months. Mentally play back your last five interviews. For each one, focus on three areas: rapport building, questioning, and listening. Rate yourself from 1 (low) to 4 (high) in each area. During the interviews, did you ever feel so intimidated that you relied on your technical knowledge rather than your communication skills? Commit to improving in each area. ...

https://completemarkets.com/Article/article-post/2427/Join-Forces-With-A-Life-Professional/
Join Forces With A Life Professional
Harlan Warthen provides a simple, field proven, cost-effective program that you can use to produce a consistent flow of highly qualified Life and financial services leads, as well as a significant number of cross-line sales. The concept of a P/C agency working with a Life professional isn’t new. However, up to this point, these relationships have seldom produced a steady and consistent flow of leads because no one ever decided who would do what and when. With all of the best intentions, the partnership becomes hit-and-miss at best, and never produces a consistent flow of leads. THE INSURANCE INDUSTRY: THINGS CHANGE The insurance industry has undergone a dramatic change. Clients today are completely different from those we dealt with just a few years ago; they’re well informed and can access an unprecedented level of insurance resources through the Internet. The ways in which insurance products are solicited and purchased have also seen dramatic change. Phone solicitation is almost non-existent, thanks to “No Call Lists.” Each year the number of insurance products purchased over the Internet increases. Although buyers of insurance products and services are still there, the sales strategies that we once used are no longer effective. Industry studies indicate that 15% of all households will purchase some form of Life and financial service within the next 12 months. If you use the Rule of 72, 100% of all insurance purchasing households will purchase Life or a financial service product in the next seven years from someone. It’s no longer a question of “if” — but “when”! Another study by the IIABA found that 70% of households polled were not aware of all of the products and services that their primary P/C agent offered. The study also pointed out that if the client knew what was offered they would have considered purchasing them from the agent. You have to ask yourself what’s gone wrong — and the answer is plenty! It doesn’t make any difference whether you’re a P/C agent or a Life agent or; it’s harder to do business for a lot of reasons. Clients are buying insurance and financial services from somebody. P/C agencies have these clients, but lack a process to solicit them effectively — while Life professionals need qualified clients. In this situation, joining forces makes sense for everybody concerned. THE ROLE OF A PROFESSIONAL ADVISOR Our industry continues to become more complex and requires a level of knowledge that might be impossible to attain. If your client asks for advice on Life insurance or financial services, you face a dilemma. Can you realistically assume the role of an advisor? Personally, I don’t think you can. The level of additional knowledge, training, and licensing required to make a recommendation in an area outside of your expertise can be staggering. To fulfill the role of an advisor, you must be able to recommend a professional advisor, either within your agency or from an outside source. When polled, clients say they would prefer to do business with a single insurance professional for advice and answers. Clients don’t necessarily need their primary agent to be able to provide the service or product, but they want to be referred to someone who can. Unfortunately, insurance has become so specialized that neither P/C agent nor the Life agent can provide accurate advice for the other discipline. We can no longer be all things to all people; and even if we could, the level of knowledge and licensing requirements make it virtually impossible. The P/C agents and the Life/financial services professional need each other. To provide clients with access to a full array of insurance products and services, you need to create a strategic alliance with a Life professional based on trust and professionalism. TYPES OF ALLIANCES These alliances come in two forms: An External Alliance between your agency and a Life General Agency or an Independent Life Agency. An Internal Alliance between your agency and a Life Specialist. Each of these types will work, as long as there’s agreement between the parties up front. In essence, the agreement determines who has responsibility for individual tasks and when those tasks will be performed. The choice is which type of alliance would be the most beneficial to you and the interests of your clients. Here’s an example of each type: EXTERNAL ALLIANCE A Life General Agency or an Independent Life Agency alliance with a P/C agency is essentially the same; both would be considered external alliances. The major difference is the size of the organization. The Life General Agency has a tendency to be the larger of the two. In most cases, they would have access to significantly more resources, several layers of management supervision, and many more agents. Independent Life Agencies operate the same as Life General Agencies, but usually on a smaller scale; they don’t necessarily have one primary Life insurance company, but broker policies to a number of companies. INTERNAL ALLIANCE An internal alliance involves your agency hiring an experienced in-house Life specialist who has access to Life and financial service products through your agency’s existing Life company appointments. This specialist should have an above average level of Life and financial services experience and hold at least their Series 6 and 63 licenses, as well as an advanced designation (CLU, ChFC, etc.) A MATTER OF TRUST Building a strong alliance between your agency and a Life specialist must be based on trust. You need to trust the specialist not to jeopardize your existing clients by “hard sell” tactics; the specialist must trust you to provide qualified leads. This mutual trust requires both parties to understand the benefits that each will enjoy. MAKING THE ALLIANCE WORK As was mentioned earlier, there’s nothing new about Life specialist arrangements with a P/C agency. Everything starts out great, with each party sending business to the other. If forming such partnerships makes so much sense, why have most of them failed? First, no one puts together a plan or process for developing referred leads on a regular and consistent basis. Second, no one determines who’s accountable for what and when. Finally, and most important, the P/C agency doesn’t perceive that the Life specialist brings any added value to the relationship. Make no mistake: Making your alliance with a Life specialist work will require time and patience. Although the relationship might be difficult at times, both parties will enjoy a dramatic long-term payback. HOW THE ALLIANCE WORKS This strategy is built around a “Client Coverage Survey” that will identify what products and services the client is interested in. Your agency doesn’t have to implement a new marketing plan because the survey is completed at the end of every client service request. The Client Coverage Survey will produce leads in a volume that you’ll have a hard time believing: Although results will vary, this sales strategy can produce three or more applications per week. BUILDING A WORKABLE AGREEMENT To build a successful, mutually beneficial alliance, you’ll need to Do your homework to select the right partner Analyze the client base Create a written Alliance Agreement that will deal with: Compensation The accountabilities and responsibilities of each participant Housing the Life specialist Covering additional operating expenses Other factors to consider include your agency’s: (1) premium volume; (2) Number of policyholders/ households; (3) percentage of Personal Lines and Commercial Lines business; (4) renewal ratios; and (5) resources. MAKING A COMMITMENT Last, but far from least, all participants must commit to making the alliance work. As so often in life, your commitment will determine whether you’ll succeed or fail. I guarantee that you’ll succeed if you commit to implementing the process as it was designed. If you want to change it down the road, be my guest — but keep in mind that my system works the way it was written. Consider doing it my way first before you decide to reinvent the wheel. EXPECTATIONS Make no mistake: an alliance with an in-house Life specialist will work to everyone’s advantage. The potential results from a well-structured alliance are enormous A Life specialist can expect to produce consistently 75 to 150 new Life applications per year. In addition to new Life revenue, your agency can expect 10% to 30% in additional cross-line sales, as well as improved retention — all with a minimum amount of effort. Establishing a strategic alliance between your agency and a Life specialist is a WIN/WIN situation for all concerned. ...

https://completemarkets.com/Article/article-post/201/Professional-Designations-For-CSRs/
Professional Designations For CSR's
Education is often termed a 'ticket to success'-and with good reason! More and more career-conscious agents and their office-support personnel are attending professional development programs. Since 1987, nearly 18,000 people have enrolled in these three major industry education programs: Certified Insurance Service Representative (CISR) Certified Professional Service Representative (CPSR) Accredited Customer Service Representative (ACSR) People who participate in such programs gain practical knowledge that gives them an edge on the job and improves their professional image. The programs are offered through a series of one-day courses in major cities across the country. The training varies in format, testing, and prerequisites, but all require continued education once the designation is earned. The specifics of each program are outlined below, along with a phone number to call for more information. CISR This program consists of five one-day courses covering personal residential property, Personal Auto exposures, Commercial Property coverage, Commercial Casualty insurance, and agency operations. Participants must pass all five exams to earn the designation. The program has been offered by the Society of Certified Insurance Service Representatives since 1987. Call (512) 346-7358. CPSR Coordinated by National Association of Professional Insurance Agents (PIA), the program features nine one-day modules in three areas: Personal Lines, Commercial Lines, and agency-operation skills. Participants select from three learning tracks, tailoring the training to their job responsibilities. To be awarded the CPSR designation, individuals must have at least two years' agency/industry experience and pass the exams in at least six of the modules. The program is offered through PIA state and regional associations. Call: (703) 836-9340. ACSR This program includes nine day-long modules, with the option of Personal Lines certification (five courses), Commercial Lines certification (six courses), or certification in both areas (all courses). Developed by Independent Insurance Agents of America (IIAA), the program covers technical, account-selling, and professional skills. Candidates are tested by the state association upon completion of the courses for the desired certification. Call: (703) 683-4422. If you haven't pursued any of these professional development opportunities, consider what they can do for you and your professional image. Talk to your superiors about the possibility of attending. CSR FORUM's can contribute to your knowledge base, too! In fact, participants in THE CSR program may soon have the opportunity to earn continuing education credits. Stay tuned for more details....

https://completemarkets.com/Article/article-post/940/PREMIUM-AUDITORS-PROFESSIONALISM-IN-PRACTICE/
Premium Auditors: Professionalism In Practice
PREMIUM AUDITORS: PROFESSIONALISM IN PRACTICE by Rhonda Hamel As a provider of educational services to insurance agents, I've learned many things about how other insurance professionals perceive premium auditors: as rude, abrupt, uneducated, and pushy. Unfortunately, it's rare for agents to say how professional, knowledgeable, people oriented, and helpful the insurance auditors they encountered have been. How can premium auditors change this perception? Lets' start with appearance. Auditors should dress appropriately for the market we serve. That might mean 'dressy business' to work downtown and much more casual to work in small towns or suburbs. We don't want to intimidate the policyholder. Beyond appearance, our manners must be above reproach. This goes beyond 'please' and 'thank you.' On initial contact, it includes good telephone etiquette and accommodating the insured in scheduling (not waiting until the audit is due to make the initial contact). On site, it means being sensitive to the insured, making the best use of the shortest period of time possible, not interrupting normal workflow to ask questions, and being friendly and polite. Organization is essential to send the right message about our professionalism. Do we have a business card? Is our briefcase so overflowing with papers that the insured's audit request is difficult to find? Do we have a manual in which to look up a classification? Procedure is also important. It's very helpful for the auditor to explain what information was gathered, from where, and who is included in the various classifications with an officer or someone in charge-but not to discuss particular issues that might cause disagreements, such as classification differences. Under no circumstances should we say someone was 'wrong' in classifying the risk. We have to choose what we say well, but how we say it even better. Education is imperative to improve our credentials. Professional positions have designations. Auditors must strive to get their APA, CPCU, and any other designation possible. We must belong and contribute to our local, regional, and national auditor's associations to take advantage of educational programs, networking, information about our industry. Thumbs up to the National Society of Insurance Premium Auditors for the recognition they give to those completing the CIPA program! We should include involvement in other insurance-related associations as well. We must subscribe and belong to all of the educational material providers we can afford. Due to the nature of our profession-we usually cost a policyholder money-it's extremely difficult to be recognized as the professionals that we are. However, with diligent efforts in each of these areas, together with others too numerous to mention, we can each take an active role in improving the insurance industry's perception of the premium auditor. Rhonda Hamel, is a premium auditor and president of Hamel & Associates, 12460 Crabapple Rd., Ste. 202-373, Alpharetta, GA 30004. She can be reached at (678) 393-1538, fax (678) 393-8843, or E-mail rhame[email protected]. ...

https://completemarkets.com/Article/article-post/1737/THE-AGENCY-MISSION-STATEMENT/
The Agency Mission Statement
  THE AGENCY MISSION STATEMENT An agency mission statement is a simple outline of the agency's overall goal. It should be phrased in terms of meeting the needs of current and potential clients, and should indicate your business emphasis. The mission statement can address the type of service you want to offer and the clients you wish to attract, and/or it can outline your agency goals in a general manner. If you address the client and prospective client, since you can then also use your mission statement in advertising and brochures. Here's an example of a client-driven mission statement: 'It is the mission of XXX Agency to provide professional services and programs to our clients in keeping with our published service standards. Our service standards are given to all clients and represent our written commitment to those high standards. The written commitment is backed up by our staff of professionals, who are being exposed to training and developmental programs on an ongoing basis.' There are many different versions of mission statements. Whatever is used should highlight positive agency features and make some form of commitment. Here are samples of mission statements from a few successful firms: STAEBLER MISSION STATEMENT To achieve security and prosperity for our clients and ourselves through ongoing, rewarding and supportive relationships, by providing insurance and financial services. COMPANY POLICY We will achieve the Mission Statement: With highly qualified, sincere, caring and motivated staff and By continually assessing and improving our service and products   ANCHOR PACIFIC GROUP MISSION To be the vanguard of innovation by combining an array of Life, Health, voluntary employee benefits, Property/Casualty, and Workers' Compensation plans into creative, dynamic and cost-effective programs-designed, marketed, underwritten, and serviced by a single source.   TRISSEL GRAHAM & TOOLE, INC. DAVENPORT, IOWA MISSION STATEMENT Our mission is to continue to be the most successful independent insurance agency in the Quad Cities. Our objective is to NEVER lose an account as a result of poor service. We recognize the inevitability of occasionally losing an account to price, for we cannot control the pricing of our competitors. We can and will control the service we provide to our clients. If we attempt to place ourselves in our client's position and try to treat the client as we would like to be treated, we will succeed.   ULRICH VOORHEES WARNER ASSOCIATES OUR MISSION To provide superior insurance, risk management, and related services for a selective clientele. We will be recognized by our clients and suppliers as a highly respected, innovative, and professional sales organization that maintains excellence in all areas of interaction. We will foster a corporate culture that stimulates, recognizes, and rewards employees for achieving and exceeding individual and corporate goals.   THE LIEBERT GROUP STATEMENT OF MISSION Our mission is to be the best insurance agency in the New York metropolitan area. As a sales organization, we are committed to growth and longevity. This will be achieved by obtaining the highest level of profits, by providing our customers with the best insurance protection for their individual needs. We will maintain the highest level of honesty and professionalism in dealing with our customers on an individual basis. We will reserve a high sensitivity to their needs. We will actively solicit new clients that fall under our underwriting standards and sales objectives. We will service our existing clients as if each is our most important account. We will maintain the highest level of honesty and professionalism in dealing with our companies through our marketing, underwriting, claims handling, and accounting. We will strive toward open communication with our underwriters and their managers. We will treat all employees as our most important asset by providing equal employment opportunities, creating a learning and challenging environment and encouraging ongoing education to allow all employees the opportunity to grow within our company. We are committed to full automation within our agency and complete interfacing with our companies. We will strive to maintain leadership in our community by supporting our... local organizations.   GHA We are an employee-owned sales and service organization providing cost-effective Property & Casualty insurance, risk management, and financial services. OUR MISSION: To fulfill the changing needs of current and prospective clients, while striving for the highest level of professional excellence in our products and services. To provide an atmosphere of teamwork and employee participation with opportunity for professional growth, personal satisfaction and financial security. To build and maintain long-lasting, consistent and profitable partnerships with insurance markets. To enhance shareholder value by increasing our client base, dedicating ourselves to increased productivity and profitability consistent with long-term earnings-per-share growth. We will accomplish our mission with leadership that will ensure perpetuation of our corporate culture. We will adhere to rigid moral and ethical standards in all our dealings, as we meet the challenges of the future. We are confident in our ability to create and maintain a GHA Team that is the very best at what we do.   SPARKS INSURANCE, INC. Welcome to Sparks Insurance, Inc. We are a company that works together as a TEAM. We will: 1) Strive to develop individual and office professionalism. 2) Set and achieve sales and growth goals. 3) Create, establish, and perform efficient work habits and methods. 4) Strive for a unified and pleasant working environment. And last but not least: 5) After accomplishing all of the above, the Sparks Insurance team should become more profitable, and we will endeavor to pass a portion of these profits on to the team members.   MISSION STATEMENT: Sparks Insurance, Inc. is a full-service insurance agency committed to providing the best in coverage and service for its customers at a competitive price. We will secure all types of insurance coverage using risk management techniques for both Personal and Commercial lines customers. We will provide a pleasant work environment with opportunities for education, personal enrichment, and career advancement. We expect our employees to be professional, ethical, motivated, and concerned for the client and the agency. We will be a profitable, growth-oriented agency. We will have an annual goal of at least 15% growth in revenues without sacrificing service to our existing clients or profitability to our companies. We will offer our services in those geographic areas where we can achieve the previous mentioned commitments.   ROSS & YERGER'S GOAL To be the ultimate firm in the insurance profession, regarded as second to none in serving the interest of our clients MISSION STATEMENT Ross & Yerger is committed to... providing our clientele the highest-quality insurance and services that address risk management, bonding, employee benefits, and financial planning needs. serving the needs of individuals and businesses that are financially stable and seek long-term relationships. attracting and retaining employees with absolute integrity who are intelligent, dedicated, motivated, and committed to the highest standards of professionalism. providing the necessary training, support and motivation so each employee develops his or her maximum potential, including attaining the appropriate professional designation. serving others by encouraging involvement in civic, charitable, educational, and political affairs. maintaining profitability to ensure the continuity and perpetuation of the firm. Saginaw Underwriters, Saginaw Financial Planners, Inc. & SURCO   MISSION STATEMENT The mission of Saginaw Underwriters, Saginaw Financial Planners, Inc. and SURCO is to provide professional insurance, financial, and real estate services to the Greater Saginaw area; To help each of our employees develop to their maximum potential so they may feel completely fulfilled personally as well as a part of the Saginaw Underwriters team; Furthermore, for Saginaw Underwriters to operate in the most efficient method possible, to earn a reasonable profit for the company and retain enough earnings so that the company can grow and prosper in the future; Each employee is encouraged to spend a reasonable amount of their time in community service to help our community be a better place in which to live.   HORTON INSURANCE AGENCY, INC. MISSION STATEMENT FOR THE 90s To become a strong, regional, full-service agency by maintaining an aggressive sales posture; adhering to the highest standards of excellence; and providing a broad range of products to fiscally sound industries regarding their business and personal insurance needs. Our desire is to communicate a passion for service to our community, our companies, our customers, and our staff. We want our firm to be the epitome of professionalism, teamwork, integrity, and conservative business practices. We believe that our people are the key to the success of our organization. We feel a great sense of responsibility to continue a sound growth pattern that will enable each of our employees to achieve at their maximum level. We are committed to rewarding our employees by providing educational opportunities, benefits that protect them both now and in the future, and an environment that encourages growth as people, as well as employees. In summary, we believe that we have a sacred trust to protect our customers, encourage the growth of our employees, and achieve a reasonable profit. Our success will be measured against these principles.   PERSONAL LINES OTTAWA MISSION STATEMENT Our clientele is our life line. We are here to serve them professionally with integrity. We must continually improve on product knowledge to remain competitive. Our goal is to write new business; however, a bigger goal and one that really proves our competence is retaining business. With this in mind, a good attitude must be developed to serve our clients and convey their requirements to the insurers. STRATEGY 1) Prospecting will be increased from [YEAR] on single-line accounts. Also, Murray has and is calling all good cancelled files to see if we can re-quote. This will generate leads in [NEXT YEAR]. 2) We will use brochure drop-offs where appropriate. 3) Chris is working with one property management company to prospect tenants' policies. Results will be monitored. 4) We will continue to encourage Commercial producers to write Personal Lines. Murray will continue to attend Commercial Lines meetings. 5) [NEXT YEAR] risk counts will be followed closely to determine growth. We anticipate these to be accurate this year. 6) Compu Quote is to be installed February [NEXT YEAR]. This will assist prospecting and free up Personal Lines producers to write more business. 7) Advertising in the Ottawa Carleton teachers bulletin has commenced. Results will be reviewed for analysis. Same for advertising done in Century 21 bulletin.   COMMERCIAL LINES OTTAWA MISSION STATEMENT We want to be a department that provides professional and innovative attention to our customers. We want our clients to consider us an important part of their business. We want to create and nurture an environment that is harmonious, supportive, and friendly. We want to work to ensure the ongoing prosperity and growth of our company, as well as that of our insurers, so that we too may prosper. STRATEGY 1) Continue use of sales centre to develop leads. 2) Continue IMMS tapes to help generate sales ideas. 3) Establish an exclusive jeweler block program with Gore (first quarter). 4) Establish a farm equipment program in January [NEXT YEAR] through Gullivers. 5) Analyze company results and review companies we wish to support. 6) Continue to encourage Personal producers to write Commercial Lines. 7) Continue IIS as a source of income.   RHODES & WILLIAMS LIMITED (Toronto)  MISSION STATEMENT Rhodes & Williams Limited's mission is to be the very best at helping people and companies protect all their assets. To be a well-recognized insurance brokerage in the province of Ontario for offering professional advice and management of insurance services. To be a well-recognized and profitable insurance brokerage. STRATEGY 1) Continue to account sell. 2) Use more Yellow Pages advertising. 3) Improve service to our existing book to maintain clientele. 4) Continue to offer Life or Group to all Commercial accounts. 5) Review availability of purchasing a small producer if one became available. 6) Continue to watch expenses closely for savings needed to be profitable. BHJ, Inc. We Believe:'BHJ, Inc. is a group of professional people specializing in the sale of insurance and real estate with a common goal of profitability earned through sound and ethical business practice, while benefiting the community, our employees, and their families.'   POTTS, DAVIS & CO. POTTS, DAVIS & CO is the leading independent insurance agency in the mid-Willamette Valley. We are committed to the professional sale of quality insurance services, focusing our efforts in Salem, Portland, and the surrounding areas. We are dedicated to growth and profitability for the continued security of our clients and employees. Policy Statements WE WILL conduct ourselves with honesty and integrity. WE WILL recommend and provide coverages that meet the protection needs of our clients. WE WILL represent quality markets on behalf of our clients. WE WILL provide opportunities for the professional growth of our employees. WE WILL treat people with courtesy and respect. WE WILL place coverages that provide insurers an opportunity for profit. WE WILL total-account sell. WE WILL provide complete, accurate submissions to our carriers. WE WILL support the growth and development of our community by encouraging employee involvement. WE WILL seek and represent clients whose business provides us an opportunity for profit. WE WILL follow and enforce our agency credit policy. WE WILL maintain an environment that encourages the highest and best use of each employee's individual strengths and skills for the overall corporate good.

https://completemarkets.com/company/ase-insurance-services/Articles/content-package/Member-Content/TabCategory/article-post/2620/From-Mom-and-Pop-to-Professional-Shop-Breaking-Through/
... No Thanks Loading.. x No Thanks Loading.. x No Thanks Loading.. ASE Insurance Services 1 2 3 4 5 Rating history (0 Reviews - 0 of 5.0) Shows who have rated the content, and the rating score. Write your review here. (Required) Please consider the following: 1. Would you recommend this company? 2. What about this company do you like/dislike? 3. Why did you choose this rating? Submit This Anonymously Submit Cancel Contact Us contact_phone Click to call Unfollow First name: Last name: Email: Are you sure you want to deactivate your CompleteMarkets Company Profile Deactivate Cancel Loading.. About Us Services Jobs PR Newsletters Employees Articles Blog Photos Group Connections Reviews Member Content Member Content - Content Package Categories Popular Recent All Back From Mom-and-Pop' to Professional Shop: Breaking Through 8/24/2018 12:00:00 AM by CompleteMarkets Editor , Al Diamond This content has not been rated yet. It used to be the $1 million ceiling. That was the level of revenue at which an individual performing agent with a few helpers had to become a business with different people handling different clients and responsibilities. Everyone still worked for the agent, but the agent no longer made every decision. However, running an agency as a business doesn't automatically result in growth and a high quality of professional service. By the time the agency reaches $2 million, it runs into another "invisible ceiling." The $2 million revenue mark around which many agents hover for several years is one in which a change in management must occur ...

https://completemarkets.com/Article/article-post/2162/DIVORCE-AND-AGENCY-VALUE-SEPARATING-GOODWILL/
Divorce And Agency Value: Separating Goodwill
DIVORCE AND AGENCY VALUE: SEPARATING GOODWILL by Roy Phillips In my agency valuation work with agents and their spouses in divorce cases over the past 15 years, the issue of professional goodwill has often arisen. When a couple divorces, they seek to divide their community interest between them. All assets and liabilities must be assessed to enable the court to make an equitable division of property. If one of the spouses is an insurance agent, his or her book of business thus becomes subject to valuation, and such intangible property often depends a great deal on professional goodwill. In my opinion, there are two types of goodwill in every insurance agency. The first is intrinsic goodwill. Simply stated, this is the continuation of the client base even after the owner has departed because of death, disability, or retirement. It takes into account the ability of the agency to retain clients through very little effort of the owner. Elements of this goodwill include the service of tenured staff, insurance companies (including their products and prices), location, history of the agency in the community, and other factors. These elements are not based factors that are separate from the clients' dependence on the agents' expertise, reputation, contacts, and special relationships. A doctor's clinic serves as a good analogy. If a sole-practitioner physician dies, becomes disabled, or retires, intrinsic and professional goodwill both come to an end. If another physician acquires the practice, the clinic might retain some patients from the previous doctor. These patients retain the new doctor because of past good experiences, friendly nurse and staff, location, and the clinic's long history in the community. This is intrinsic goodwill. The new doctor, if experienced, may bring professional goodwill of his or her own. That is, the new doctor may keep some patients and attract new ones with skill and personal qualities. In divorce cases involving a professional person, Texas courts have tended not to grant the spouse an interest in professional goodwill. In one case, the court held that the goodwill of a professional person may be as much an asset to be sold as that of a merchant. The professional person is seen to have individual goodwill that can't be detached from his or her person, and thus can't become a part of the community property. Take the landmark case Rathmell v. Rathmell, for instance. In 1975, agent John Rathmell, and his non-agent spouse divorced. After a settlement, which divided the agency's value between the parties, the spouse appealed, alleging that disclosure of the agency's value had been improper. Attorneys filed a Bill of Review asking the Court of Appeals to correct the inequity. Although a number of issues were involved, the Court of Appeals made an important decision concerning the division of professional goodwill. It determined that the sale and service of insurance accounts, which primarily exist in an intangible form, was based on the professional goodwill of the individual agent. What's more, the agent had the opportunity to compete for the business without the prohibitive contractual considerations that might exist in an employment contract. The court essentially decided that the trial court had erred in not assessing this type of goodwill and attributing such value to the agent. The Court found that the appellant, the insurance agent John Rathmell, had developed professional goodwill even though he was not a lawyer or a doctor. It went on to state that the value of the Rathmell companies should have excluded the value attributable to the time, toil, and talent Rathmell expended after the divorce and/or his willingness not to compete with the agency. (It's important to note that Rathmell served without an employment contract, and was not obligated to refrain from competing for the corporation's business. In addition, there was no buy-sell agreement that established the valuation method to be employed in transfer of the firm.) In this case and others, the court established a doctrine of non-divisibility of professional goodwill. It's obvious that this issue has many facets. For instance, sometimes both spouses work in the agency, and have achieved a loyal following through their individual and collective goodwill. Another landmark case in Texas arose from the divorce proceedings of a physician (Nail v. Nail). The court held that the 'accrued goodwill of his medical practice did not constitute property subject of the division upon divorce as part of the estate of the husband and wife.' The opinion continued, 'Professional goodwill has the following attributes: It attaches to the person of the professional man or woman as a result of confidence in his or her skill or ability. It does not possess value as an asset separate and apart from the professional's person or from his individual ability to practice his profession. It would extinguish in the event of the professional's death, retirement, or disability.' Frequently, I'm the only consultant making the appraisal. This is common, as it is in mediation action directed by the court. This can save significant amounts of time, money, and (maybe most important) grief. It's also important to add that both parties often disagree on their own vested interest in this issue of professional goodwill. As a result, there has been a movement to change the law. A spouse contended to the Court of Appeals that the Nail v. Nail case law was wrongfully decided. The Court of Appeals basically responded, 'Appeal it to the Texas Supreme Court, and let them grant a writ of error and change the law.' The Supremes refused to do so. In December 1993, the Texas Supreme Court denied a writ of error in Guzman v. Guzman, and let the issue of non-divisibility stand. They concluded, 'Two Texas Courts of Appeals have recognized that a professional person practicing with others under a corporate structure or as a partnership may have accrued personal professional goodwill, and that there might exist at the same time goodwill attributable to the business or partnership-but goodwill that exists separate and apart from a professional's personal skills, abilities, and reputation is divisible under divorce.' Where does this leave a consultant attempting to determine an agency's value? The court has made it clear that if the aforementioned conditions exist, the personal professional goodwill must be allocated a value. If not, the findings of value are offensive to Texas law. Let's use an example. An agency is a corporate entity, and the agent is the firm's sole shareholder. The contending spouse has been active in the firm to a minor extent in primarily clerical work, but not to the extent of having created personal professional relationships with insureds or markets. The agent and spouse begin the divorce process, which requires evaluation of the business to determine the community interest to be divided. The value components to be considered in determining the agent's professional goodwill might include: the number of major accounts produced by the professional the revenue of such accounts in relation to the agency's gross commission revenues the tenure of such accounts in the agency the accounts' tenure with the carrier insuring them the loss history of such accounts the accounts' payment history the personal relationships that the agent enjoys with the decision-makers in the insured firms Questions affecting professional goodwill might include: Did the agent originate the agency? How much personal supervision does the agent provide on major accounts? Does the agent have significant relationships with the major carriers providing products and services to the agency? Does the agent have important contacts with community members (participation in clubs, networks, and social or civic organizations), which provide exposure that leads to business relationships for the agency? Does the agent have a covenant not to compete in the event that he or she leaves the firm? These are not the only considerations to be investigated by the evaluation consultant, but in my opinion, they're the benchmarks from which to determine that elusive value: personal professional goodwill. Roy L. Phillips, CIC, CPIA, can be reached at Dan R. King & Associates, 4888 Loop Central Drive, #100A, Houston, TX 77081, (713) 667-03...

https://completemarkets.com/Article/article-post/2149/DOING-YOUR-DUTY-PROFESSIONAL-CONDUCT-E-O-AND-YOU/
Doing Your Duty: Professional Conduct, E&O, And You
DOING YOUR DUTY: PROFESSIONAL CONDUCT, E&O, AND YOU by Roy Phillips and Rick Oldenettel Every agent, and every agency, has specific legal duties to its insureds and insurers. The U.S. judicial system has always shown the flexibility of a contortionist. In the 1960s and 1970s, it appeared to tolerate litigation. However, since the 1980s, the system has made a turn to the right. Because some state legislatures are frustrated by federal court interpretations contradicting the wishes of their constituents, they have been working to reverse the direction of the judicial system. Meanwhile, Congress sits on the sidelines struggling to implement its own agenda for tort reform. But regardless of the obstacles individual jurisdictions have set to bar the recovery of damages, your agency has a duty to meet certain professional standards of care. With this fact in mind, here are some observations about what constitutes such conduct, how failure to meet the standards can lead to errors and omissions (E&O) claims, and what you can do to prevent such claims. As you read this article, keep in mind that each jurisdiction has its own ideas about what is correct or incorrect agency conduct. Your first duty is to understand the nuances of the applicable court decisions in your state. If you think that sounds like a disclaimer, you’re right. Duties to Insureds In most jurisdictions, to establish a cause of action for negligence against an insurance agent, a plaintiff must show that: A duty was owed to the plaintiff-insured. The defendant-agent breached that duty. The breach was the proximate cause of damages. What duties do agents owe their customers? One court defined them this way: “An agent owes his clients the greatest possible duty. He is the one the insured looks to and relies upon. . . . The insured looks to the agent he deals with to get the coverage he seeks, with a sound company that can and will promptly pay claims when they are due. It is his duty to keep his clients fully informed so that they can remain . . . insured at all times.” This definition calls on agents to probe for and identify their insureds’ needs and concerns. After examining many E&O actions, we’ve found that many agents have fallen on their own swords simply by superimposing their ideas, needs, and concerns upon the voiceless insured. In fulfilling their responsibility, be sure to document the results of needs-analysis conversations. A good axiom: If something is important to the insured, it deserves to be explored and documented in detail. An agent also has a duty to use reasonable diligence in placing the requested insurance and to inform the client promptly if unable to do so. In addition, an agent has a duty to notify insureds of the expiration of their policies (except for direct-billed renewals) and to pass on any information pertaining to expiration dates that’s intended for their customers. Practically speaking, an agent has a duty to renew a customer’s policy, replace the policy with one from another company, or notify the customer of a non-renewal so the customer can obtain insurance elsewhere. It’s important to remember that each jurisdiction has time frames for giving notice of non-renewal. Many of these requirements are stated in mandatory endorsements to various policy forms used in each state. Agents also have a duty to investigate the solvency of an insurance company with which they place a client. One legal decision held that, in the event of an insurer’s insolvency, an agent is not liable for an insured’s unpaid claim as long as the insurer was solvent when the policy was procured. However, the agent could still be held liable if, at a later time, when the insured could still be protected, the agent learned — or by exercising of reasonable diligence should have learned — of facts that would put a reasonable agent on notice that the insurer presented an unreasonable risk. Many jurisdictions have statutes that impose a higher degree of care on the placement of an insured’s coverage with non-admitted carriers. Some statutes also place a duty upon the agent to seek admitted carriers for the placement first and, if unsuccessful, to advise the insured of placement with a non-admitted insurer. Agents also have duties arising from state licensing requirements. The statutes explicitly state what they require of agency personnel involved in insurance acquisition. The license definition of an agent clearly states that anyone involved in acquiring insurance must be tested and then licensed. After being licensing, and in tandem with the license code, all licensed personnel must meet the state’s requirements for continuing education. Some states have “grandfathered” agents who received their licenses before a certain date. However, in our opinion, exempting anyone from regular continuing education poses a danger to an agency. Someone in your agency, preferably a principal, should oversee the continuing education of each employee. The moment you sign an application to become a licensed insurance agent, you assume a duty to perform services to any and all future insureds. Among other things, this means that you have an implied duty to: Become professionally aware of your products and make every effort to communicate that knowledge to every individual in your organization; Apply that knowledge to each client’s requirements, which you’ve gathered by researching the client’s business and personal activities; Seek the appropriate product(s) to fill those needs; Communicate the availability and other pertinent issues for each product presented, using written and oral communications that would be ordinarily understandable to the client; Insist on acknowledgment whenever the client rejects your opinions concerning exposures that you think require treatment; Properly apply for, receive, review, and transmit selected policies to the client, ensuring continuity through all four actions; Document the actions in steps one through six, and be prepared to ensure that changes are made in a timely manner on behalf of the client.; and Be prepared to show that you have established internal agency procedures that indicate a “reasonable intent” to control actions taken under steps one through seven. We believe that these abbreviated steps are among the important elements that make up an agent’s “duty to perform.” We’ve arrived at this opinion after reviewing dozens of cases every year. Duties to Insurers Agents also have duties to their insurers. One authority defined this duty in these terms: “An agent owes the insurance company he represents a fiduciary duty that includes loyalty and good faith, integrity of the strictest kind, fair, honest dealing, and the duty to not conceal matters which might influence his action to prejudice the company.” In addition, the agent owes the insurance company the duty to comply with its guidelines, policies, and procedures for issuing policies. Many courts have held that any person who solicits an application for insurance shall be regarded, in any controversy between an insured and the company, as the agent of the company, not as an agent of the insured. Despite being an agent of an insurer, an agent does not have the power to waive, change or alter any of the terms or conditions of an insurer’s application or policy. Causes of E&O Claims Let’s consider a few examples of how breaching these duties can lead to E&O allegations. Our clients in these cases are usually the agents (defendants), although we have represented insureds and carriers in dozens of cases over the last 10 years. Our job is to wade through the volumes of pleadings, depositions, exhibits, interrogatories, and causes of action that such cases generate to find answers to four questions: Did the agent fail to satisfy a legally imposed duty to perform on behalf of the insured (or insurer)? Did the agent represent the goods and services he or she provided to have characteristics, uses, or benefits they did not have? Did the agent fail to disclose information about a policy to induce an insured to purchase it? Had such information been disclosed, would the insured have rejected the policy? Did the agent engage in any unconscionable conduct? Here are a few cases from our files that demonstrate common breaches of agents’ duties. One of the most prevalent is failure to obtain proper coverage, as these two cases show. Case 1: The insured had asked the agent to find appropriate coverage for his fur-cleaning firm. Unfortunately, the agent did not obtain insurance covering the bailee exposure that comes with cleaning and storing valuable fur items. Result: Finding for the plaintiff (the insured). Case 2: The insured, a swimming pool subcontractor, required General Liability and other coverages to maintain his business relationships with his clients (general contractors). A Certificate of Insurance was issued to a general contractor indicating that the insured had all the coverages required by the general contractor’s contract. The general contractor reported a loss arising from the insured’s work. The loss resulted in discontinuation of underground utility service to a major manufacturing plant. The insured did not have appropriate coverage for the underground property damages. The general contractor’s insurance carrier responded to the loss, and then subrogated against the insured. The insured then sued the agent. Result: Finding for the plaintiff (the insured). Failure to obtain proper coverage accounts for more than 50% of all losses reported to E&O carriers. A similar, but slightly different, error is the failure to obtain requested coverage, which accounts for 20% of such claims. Here are a couple of examples: Case 3: The insured instructed his agent to review his insurance and determine whether he was adequately covered for the consequences of having to move his premises after a property-insurance loss. (Doesn’t this sound a bit like Time-Element coverage?) A loss occurred, but Time-Element coverage had not been purchased, so extra-expense monies were not in place to hire the mover, lease the new location, put in the phones, bring in new inventory, and notify the insured’s customers of the change. Getting back in action rapidly was crucial for the insured’s business of selling upscale formal gowns to high-school seniors who were graduating within the next few weeks. Result: Finding for the plaintiff (the insured). Case 4: The insured asked the agent to obtain coverage that would pay first-dollar claims to his clients in the event that their property was damaged through theft or vandalism. He was willing to pay for the additional coverage since he was in the business of servicing Mercedes-Benzes, Rolls Royces, Jaguars, BMWs, and other expensive cars. Vandalism occurred one weekend, and the insured was forced to spend thousands of dollars repairing 11 vehicles left in his care. Primary Garagekeepers Liability insurance was not in place to respond to the claim, but you can guess what was: the agent’s E&O policy, of course! Result: Finding for the plaintiff (the insured). These four cases demonstrate the need for continuing education. All of these E&O losses could have been prevented if agency personnel had been trained to recognize the sources of clients’ potential claims and know the products available to cover them. The final two causes of E&O claims addressed in this report are failure to bind coverage and failure to obtain renewal coverage. While these represent only 10% of claims reported, they demonstrate the need for establishing standard operating procedures within an agency. A System Is the Solution When errors or omissions occur in an agency, it’s often because employees don’t perform tasks the same way each time. To achieve uniformity, your agency must have a “system.” Your agency management system coordinates several interrelated system components. Specifically, the system provides these service components: Locates potential clients (marketing component) Gathers data and analyzes needs (risk-management component) Coordinates risks with products (coverage component) Approaches the marketplace (placement component) Presents findings to the client (proposal component) Implements selected products (application component) Arranges for payment selection (accounting component) Maintains interim service (service component) Reviews changes in client profiles (renewal component) Maintains quality of staff training (training component) Because these system components are interrelated, it’s vital to use procedures that preserve their integrity. First, it’s important to define “automation.” If the computer database includes only accounting information, the agency isn’t really automated. Remember that accounting is only one system component. The truly automated agency is driven by a single database that includes all client information required to perform the tasks associated with the 10 system components. Once the agency management system is in place, everyone in the agency must observe certain rules. If Moses had been an insurance agent, there would have been three additional commandments: Thou shalt consistently perform all procedures the same way every time they’re carried out. Thou shalt document all customer transactions, identifying date, time, recommendation or action, resultant action, and follow-up; and Thou shalt not allow anyone to circumvent or destroy the system. The three groups of offenders most likely to violate these commandments are the agency’s principals, producers, and long-time employees who have an “anti-system” attitude. What can be done about them? Based on the theory that agency principals think they actually operate their agencies, we can assume that the enlightened ones will either seek training to become system-literate or depend on someone who has this training for all transactions. Outside producers gather data out of necessity, but the integrity of this data isn’t always reliable. The solution: Equip producers with appropriate forms that reflect the requirements of the system – and let them know that using other “forms,” such as cocktail napkins, is as breach of the system. As for system-loathing employees who have been with the agency since the original tablets came down from the mountain, give them a clear message: Adapt or leave! To find out if your system is working, audit the flow of transactions through the 10 agency service components. Have this audit done by an objective observer. In other words, don’t let folks audit their own trails, so that they can learn the strengths and weaknesses of their subordinates and identify training needs. The audit format should reflect your agency’s procedures and objectives. For example, if your policy is to offer umbrellas to each Commercial account, the audit should determine whether this policy is being implemented. Essentially, the audit checklist should mirror the task list constituting each system component. Your agency’s system can be as simple as a notebook containing standard operating procedures or as extensive as your needs dictate. The key is to have a system. Innovation, spontaneity, and creativity have their place in agency management, but not in the arena of daily insurance transactions. With so much at stake, variation is no virtue — which is why parachutes are packed the same way each time! Roy L. Phillips, CIC, CPIA, can be reached at Dan R. King & Associates in Houston, (713) 667-0333, ext. 227, e-mail [email protected], or ...visit www.kingphillips.com. Rick L. Oldenettel is a partner at Oldenettel & McCabe, Attorneys at Law, in Houston. Adapted, with permission, from American Agent & Broker magazine.

https://completemarkets.com/Article/article-post/472/Online-Education-For-Risk-And-Insurance-Professionals/
Online Education For Risk And Insurance Professionals
According to a Wall Street Journal article, there’s been a dramatic increase in the number of executives returning to classrooms to 'brush up on traditional management skills and to learn new ones.' In the risk management and insurance industries, this is nothing new. Whether it’s a required continuing-education course, or a CPCU class, risk and insurance professionals have always pursued higher education. For years, classroom courses that prepare students for national exams have been available throughout the nation. Some students, though, don’t have the time or the patience to sit through a weekly three-hour course for 18 weeks. That’s why the Institutes, Risk and Insurance Management Society (RIMS), and other organizations have created online exam-preparation courses that offer risk and insurance professionals more educational options than ever before. RIMS’ ONLINE ASSOCIATE IN RISK MANAGEMENT (ARM) COURSES I was intrigued when I heard that RIMS was offering online exam-preparation courses for the ARM series. My classroom experience with the ARM 54 course was less than engaging, as I spent the requisite instructional time confined in a small classroom listening to an instructor ramble on about many topics unrelated to risk management. I passed the national exam for ARM 54, but wanted to self-study for ARM 55 and ARM 56. Knowing my tendency to procrastinate, I looked for a course with structure to help me avoid cramming the night before exams. RIMS’ new online course for ARM 55 was just the ticket. I enrolled online, paid the fee, and within 24 hours had a user name and password to enter the Web site. RIMS’ easily navigated Web site contains all the needed study information. Online courses are divided into four sections: Schedule: assignment and exam schedules Media Center: course materials and exams Discussions: students’ bulletin board forum for posting thoughts and answering instructors’ questions Profiles: instructor and student profiles RIMS’ online learning environment is somewhere between the two extremes of traditional classroom learning and self-study. Instead of dominating the learning environment with a lecture, the instructor serves as a facilitator, laying out the coursework weekly and leaving it up to the students to download the material, study, and take the quizzes. Students must be highly motivated. The success of RIMS’ online learning environment relies on active student participation. When class began, the discussion area was very active. The instructor posed questions and most students followed up with their thoughts. It was interesting to finish an assignment, jump online, and instantly read other students’ solutions. But after a few weeks, the number of postings dropped and the instructor had to send weekly e-mails to solicit participation. I sometimes waited days before receiving a response from the instructor or other students to my postings in the discussion area. My interest in the course began to wane and I visited the Web site less and less. When it was time for the national exam the online classroom allowed me to go back and review discussions and assignments. I studied the course materials and sent e-mails to the instructor asking for help in certain areas. With his help, and a review of materials on the Web site, I passed the national exam. Overall, RIMS’ online learning experience served its purpose. Students who take online courses must remember that it’s up to them to stay current with the assignments and discussions. Aside from the ARM series, RIMS offers other courses, including Fellow in Risk Management test-preparation courses, general risk courses such as Managing Business Risk and Small Business Risk Management, and skill-enhancement courses which focus on improving basic business skills. CPCU ONLINE SERIES The American Institute for CPCU recently teamed up with Blackboard.com, an online learning provider, to create an e-learning environment that’s very similar to RIMS’ online educational program. They divide the 'classroom' into three main sections that lead students through their daily activities: announcements, calendar, and tasks. Claire Reiss, director of the Grants and Research Program at the Public Entity Research Institute, recently completed the online course for CPCU 8-Accounting and Finance, possibly one of the most difficult CPCU courses. As a working mother of two, Reiss appreciated that the course helped prepare her for the exam in a way that fit her schedule. Instead of sacrificing one night per week for a classroom course, Reiss studied online whenever and as often as she liked from her home. The best part of the course for Reiss was having someone to turn to with questions: 'The teacher was very helpful and responsive. She provided thoughtful responses to our answers to assigned questions, quizzes, and the practice final. She also provided lecture notes that highlighted the main points of each assignment and gave us some advice about how to focus our efforts.' Overall, Reiss enjoyed the course and says it adequately prepared her for the national exam, which she passed. THE FUTURE OF ONLINE EDUCATION Claire Reiss and I had similar experiences and outcomes in our online learning adventures. Both RIMS and CPCU provided ways to study on our own time and at our own pace; yet we both noticed that the interactivity of the programs was virtually nonexistent. The format has potential for discussion among students, but lacks the urgency and leadership of a traditional classroom environment that promotes expression of ideas. Creating the feel of a traditional learning environment online is nearly impossible because it requires more bandwidth (very rapid connections) than most people currently have to deliver the audio, video, and animation required for an interactive educational experience. Nevertheless, one online education company appears to be ahead of the curve. Corpedia, a Phoenix-based e-learning company specializing in Web based business management and compliance education, uses streaming audio and creative animation to teach courses. I recently completed a one-hour course titled 'Recognizing and Preventing Employment Discrimination,' a look at the laws, history, causes, and other issues surrounding employment discrimination. I was thoroughly impressed with the course’s in-depth content and streamlined visual presentation. Corpedia presents the material with audio and visual cues that make it interesting and easy to follow. Exams test your knowledge throughout the course. The learning experience is somewhere between watching a training video and sitting through a live presentation. Students can rewind, fast-forward, or pause the lesson at any time. In addition, users can completely stop the course and return later. The course remembers where you left off. The programs also have some nice features for managers who require employees to take the courses. The employer can monitor each employee’s performance and progress, and keep online records of who took which courses. Although Corpedia’s class catalog focuses mostly on general business management training, many of the topics apply to risk management professionals, particularly such sections as safety, health, legal compliance, and workplace issues. CONCLUSION Online learning is in its infancy and far from replicating the interactive experience of traditional classrooms. Nevertheless, students taking online courses benefit from the ability to study anywhere at anytime. As with traditional classroom environments, students must be highly motivated to learn the material, stay abreast of the latest assignments, and join in discussion groups to reap the full benefits of learning online....