wisconsin INDEPENDENT AGENT
OPEN SEMCI Granting you choices in Commercial SEMCI!
wisconsin INDEPENDENT AGENT CONTENTS 3............Industry Update Wisconsin Supreme Court Affirms E&O Win, Strengthens Future Defenses 9,10.......Insurance Bartender Single EntryMulti-Carrier Interface (SEMCI): An Essential Instrument for Agents 11,12.....Members in the News 14, 15....Errors & Omissions What You Do and Don’t Do When a COVID-19 E&O Suit Arrives 16,17.....Workers’ Compensation COVID-19 and Workers’ Compensation in Wisconsin 19-21.....Virtual University Is the Insurance Policy Affected if the Business Opens Against a Governor’s Orders 24..........Government Affairs Wisconsin Re-Opens as Supreme Court Invalidates State’s Safer-at-Home Order 27..........Commentary from Counsel Round 3: Supreme Court Agrees to Hear Effort to Overturn Affordable Care Act 28..........Agency Operations Will you be Welcoming a New Employee? 31..........Food for Thought
Independent Insurance Agents of Wisconsin 725 John Nolen Drive Madison, Wisconsin 53713 Phone: (608) 256-4429 Fax: (608) 256-0170 www.iiaw.com
2019-2020 EXECUTIVE COMMITTEE President: Chris Costakis Midwest Insurance Group LLC, Delafield President-Elect: Darrel Zaleski Spectrum Insurance Group, Eau Claire Secretary-Treasurer: Marc Petersen American Advantage - Petersen Group New Berlin
Chairman of the Board: Jason Bott Robertson-Ryan & Associates, Milwaukee State National Director: Steve Leitch Leitch Insurance, River Falls
2019-2020 BOARD OF DIRECTORS
Mike Ansay Ansay & Associates, Port Washington Nick Arnoldy Marshfield Insurance Agency, Inc., Marshfield Mike Harrison R&R Insurance Services, Inc., Waukesha Ryan Leitch Leitch Insurance, River Falls Aaron Marsh Marsh Insurance Services, Inc., Rice Lake Joanne Lukas Szymaszek Johnson Insurance Services, LLC, Racine Chad Tisonik HNI Risk Services, LLC, New Berlin Andrea Nelson Unisource Insurance Associates, LLC, Wauwatosa
ADVERTISERS & INFORMATION 29.................AAA 4,5,6,7,8.......Acuity 10.................Badger Mutual 13.................Berkshire Hathaway GUARD 6,22..............DAIS 30.................IIAW Agency Solutions 18.................IIAW CE Education Calendar 32.................IMT 26.................Penn National Mutual 15.................Robertson Ryan & Associates 23.................West Bend Mutual 25.................Western National
Wisconsin Independent Agent is the official magazine of the Independent Insurance Agents of Wisconsin (IIAW) and is published monthly by IIAW 725 John Nolen Drive, Madison WI 53713. Phone: 608.256-4429. IIAW does not necessarily endorse any of the companies advertising in publication or the views of the writers. IIAW reserves the right, in its sole discretion, to reject advertising that does not meet IIAW qualifications or which may detract from its business, professional or ethical standards. © 2020 For information on advertising, contact Kaylyn Zielinski, 608.210.2977 or kaylyn@iiaw.com.
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IIAW STAFF
Matt Banaszynski Chief Executive Officer 608.256.4429 | matt@iiaw.com Mallory Cornell Vice President and Director of Risk Management 608.210.2975 | mallory@iiaw.com Kim Kramp Association and Agency Accounting Manager 608.210.2976 | kim@iiaw.com Trisha Ours Director of Insurance Services 608.210.2973 | trisha@iiaw.com Kaylyn Zielinski | Marketing Specialist 608.210.2977 | kaylyn@iiaw.com Evan Leitch Technology and Risk Advisor 608.210.2971 | evan@iiaw.com Jennifer Petersen Membership Engagement and Events Coordinator 608.210.2972 | jennifer@iiaw.com Diana Banaszynski Education Coordinator 608.256.4429 | diana@iiaw.com
On The Cover... IRMI defines Single-Entry Multiple Company Interface (SEMCI) as a generic terms used to describe a system that allows the user to enter and store data and communicate that data to multiple other companies. This concept has presented challenges for technology companies for years, but new insurtech startups are showing promising advancements for independent agents to embrace.
INDUSTRY UPDATE
WISCONSIN SUPREME COURT AFFIRMS AGENT E&O WIN, STRENGTHENS FUTURE DEFENSES On May 21st, in Emer’s Camper Corral v. Alderman, the Wisconsin Supreme Court issued a 6-1 majority opinion confirming a rigorous causation standard for negligent procurement E&O claims. The policy at issue? A garage policy from Western Heritage Insurance. Camper Corral claimed its agent promised a $1,000 per-unit and $5,000 maximum annual deductible for hail claims—a peril that Camper Corral had encountered in both 2011 and 2012, leading to six-figure claims and its previous policy being non-renewed. In fact, the new policy had $5,000 per-unit hail deductible with no aggregate limit, which Camper Corral allegedly learned only when a 2014 hail storm damaged 25 vehicles and it incurred $125,000 in deductibles on the loss. In the ensuing E&O litigation, Camper Corral tried to prove its case against the agent based on the fact that a policy with a lower hail deductible was “commercially available” in the insurance market—but Camper Corral did not (and likely could not, based on its claims history) prove that it would have been eligible for such coverage. The trial court found, and Supreme Court agreed, that this was a failure of proof of causation of damages, i.e., Camper Corral could not show the agent’s alleged “negligence was a ‘substantial factor’ in causing its loss under the commercial availability theory without evidence that a policy with the requested terms” was actually available to Camper Corral. According to the Supreme Court, Camper Corral needed to prove that an insurer would actually have sold it the lower deductible policy it claimed it was promised by the agent—and Camper Corral’s owner’s
testimony that she was shown a quote was not enough. Camper Corral’s other principal theory was that the agent should have been held responsible under a “detrimental reliance” theory because it relied upon the alleged representation from the agent that he had secured a policy with a lower deductible. According to Camper Corral, if it had it known that its policy actually had the higher deductibles, it would have taken additional steps to protect its inventory. The Supreme Court dispensed with this claim because Camper Corral had introduced no evidence to support it at trial. The key holding and real win for agents and E&O carriers is the court’s causation holding:
In a cause of action for negligent procurement of an insurance policy, the insured cannot establish the insurance agent’s negligence was a “substantial factor” in causing its loss under the commercial availability theory without evidence that a policy with the requested terms was available to the insured.
Emer’s Camper Corral v. Alderman, et al. 2020 WI 46, ¶45. This clear statement of the burden of proof will bolster the defense of future claims in similar cases. Keep an eye on the Independent Agent for a future column breaking down the Camper Corral decision and its impact.
>J osh Johanningmeier IIAW General Counsel wisconsin INDEPENDENT AGENT
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Bringing efficiency to your agency. We love our independent agents and this partnership will enable them to quote and place small business faster and more efficiently. - BEN SALZMANN CEO, ACUITY
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Become a digital agency, and start writing business while you sleep Learn more and get started today:
www.internetofinsurance.org
The Internet of Insurance is now proudly partnering with Acuity Insurance 6
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NOW FEATURING
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INSURANCE BARTENDER
SINGLE ENTRY MULTI-CARRIER INTERFACE (SEMCI): AN ESSENTIAL INSTRUMENT FOR AGENTS
For decades independent agents have heard the term, “SEMCI”, which promised to connect them and their clients to their insurance companies faster and more efficient through a single system. Agents were told they would be able to obtain multiple quotes from one application/entry allowing them to easily compare carriers to their customers. The idea of single-entry multi-carrier interface seemed so simple yet proved to be an enormous challenge for the technology juggernauts that power the insurance industry for decades. But WHY?
Granted gains were certainly made in the personal lines arena where commoditization demanded it. Over the last several years, new insurtech startups such as the Internet of Insurance, Tarmika, SEMSEE, Bold Penguin and more have burst onto the scene challenging the status quo and pushing the industry to new heights.
As insurance carriers and independent insurance agents alike have upgraded their technology stacks over the years, these advancements were built on antiquated equipment and tech. It became more and more challenging over the years to leverage technology that burst onto the scene with the advancement of the internet and upload and download. Yet, the industry never truly reached SEMCI-status across all lines of business. Rising technology costs for insurers, the inability to upgrade existing technology, low adoption and demand by agents, etc. were all blamed for the startling, lethargic rise (*cough) of SEMCI over the decades.
June Bug Ingredients
Matt’s Mixology
• 1 oz. Midori • 3/4 oz. Malibu coconut rum • 3/4 oz. banana liquer • 1 oz. sour mix • 1 oz. pineapple juice
Directions
1. Fill a cocktail shaker with ice. Pour in all the ingredients and shake until chilled. 2. Strain into a collins glass over ice. 3. Enjoy and welcome to summer! wisconsin INDEPENDENT AGENT
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Insurance carriers such as ACUITY, EMC, CNA, Liberty Mutual, West Bend Mutual and more are aligning with technology companies to develop or enhance their Application Programming Interfaces (APIs) to deliver SEMCI to their independent agency force, while some are finding it more challenging. “The promise of SEMCI is fantastic: single-entry, multi-carrier. It has the potential to be a huge time saver for agents and an easier way for carriers to grow, but it turns out that it’s really, really hard to do it right - in practice”, stated Jason Kolb Founder and CEO of the Internet of Insurance. Jason continued, “Most often what happens is “single-entry, some carriers” because most carriers just aren’t equipped to quote programmatically via Application Programming Interface (API). And even then, some of the carriers that do have API’s may be constrained by the lines and classes they can support, which leads to a frustrating experience for agents, lower growth than expected for carriers, and an underwhelming experience for policyholders.”
Technology companies offering SEMCI are racing to provide the independent-agency-system with powerful, modern tools that are built on an industrial-strength cloud-native platform that makes data easy for agents and carriers to collect and act on. Agents must leverage SEMCI to succeed in this new digital age. As ACUITY likes to say,
“Open SEMCI!”
> Matt Banaszynski CEO of IIAW
In May of 2019 at the IIAW’s 120th annual convention, Ansay and Associates using DAIS’ Internet of Insurance (IOI) submitted a commercial business package virtually (without APIs) to EMC and Western National underwriters live on a stage in front of 500+ attendees. Using the IOI and its Single Entry Multi-Carrier Interface, business was submitted, underwritten, quoted and bound. It was a revolutionary moment for an industry that had been promised full SEMCI for decades but never truly got to experience it. The Internet of Insurance uniquely offers 5 (soon-to-be 6) distinct ways for carriers to connect, as opposed to just the typical rating API connection. “This all represents some extremely heavy technical lifting, but we decided to do it to support all carriers and all lines, regardless of the carrier’s technical sophistication,” stated Kolb. “Single-entry, all carriers. Then we paired that with a suite of powerful tools to help agencies grow and be more efficient: an agency storefront for policyholders, a cloud environment for handling mid-market submissions and underwriter referrals, real-time collaboration and notifications, and so much more, concluded Kolb.” The Internet of Insurance is a unique product of the Internet age, providing full SEMCI to the insurance ecosystem regardless of how advanced or behind an agency’s or carrier’s technology stack is.
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to Commercial Insurance that understands the Bar & Tavern Industry At Badger Mutual, we take commercial insurance personally. Visit our website today to learn more about a customized package of protection for your customers.
badgermutual.com
News Members in the
ASSOCIATED BANC-CORP AGREES TO SELL ASSOCIATED BENEFITS & RISK CONSULTING TO USI INSURANCE SERVICES
Subject to customary closing conditions, including regulatory approvals, the transaction is expected to close late in the second quarter or early in the third quarter of 2020. Under the terms of the Agreement, the purchase price is $265.755 million in cash subject to adjustment for, among other things, transaction expenses, and working capital changes. ABRC’s last twelve months pro forma revenues were approximately $89 million. Goldman Sachs & Co. LLC served as financial advisor and Husch Blackwell LLP served as legal advisor to Associated in this transaction.
WEST BEND MUTUAL INSURANCE DONATES TO 11 MILWAUKEE AREA ORGANIZATIONS THROUGH GIVING PROGRAM WITH INDEPENDENT AGENTS
Green Bay, WI and Valhalla, NY (5/4/20) — ABRC is a multiline insurance agency and Midwest-based consulting firm with 400 employees. It is the 36th largest broker of U.S. business providing employee benefits, retirement plans, compliance, business insurance, risk management and individual insurance solutions. USI is one of the largest insurance brokerage and consulting firms in the world, delivering property and casualty, employee benefits, personal risk, program and retirement solutions to large risk management clients, middle market companies, smaller firms and individuals. Headquartered in Valhalla, New York, USI connects over 7,500 industry-leading professionals from approximately 200 offices to serve clients’ local, national and international needs. “This transaction allows us to monetize our investment in ABRC and further our strategic goals of enhancing shareholder value and being a source of strength for our customers, colleagues and communities,” said Philip B. Flynn, president and CEO of Associated. “The meaningful valuation difference between regional banks and insurance brokers is not reflected in Associated’s share price, and that difference will also make it difficult for ABRC to grow through acquisitions. In addition, the capital provided from this transaction will support loan growth, create an added buffer during these trying economic times, and support our dividend policy.” Michael J. Sicard, USI’s chairman and chief executive officer, added: “We look forward to welcoming the entire team of professionals from ABRC to the USI family. Their collective passion for delivering superior solutions and service to clients complements USI’s strong focus on building long-term client relationships and a differentiated experience through the USI ONE Advantage®, an interactive knowledge platform that integrates proprietary analytics, networked resources and enterprise planning to deliver truly customized solutions with material financial impact to clients.”
Milwaukee, WI (5/5/20) — West Bend Mutual Insurance Company (West Bend) has partnered with its independent insurance agencies to support local organizations that are helping those impacted by the COVID-19 pandemic. A total of 78 independent agents in 14 states committed to donating $500 each; West Bend then pledged an additional $2,000 to each organization. West Bend’s donations come from grants made through its Independent Agents’ Fund and are part of the company’s Spirit of the Silver Lining Awards. These awards and grants are presented annually to nonprofit organizations supported by the company’s independent insurance agents. “What’s more meaningful about this effort is our agencies are making contributions, as well,” said Kelly Tighe, senior vice president of Sales at West Bend. “This is a true partnership.” West Bend made the decision to support nonprofits that provide timely, essential services to people directly impacted by the COVID-19 pandemic. These include food pantries, blood centers, and free clinics, among many others.
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These organizations in the Milwaukee area will each receive a $2,500 donation. View a complete list here. RECIPIENT ORGANIZATION
INDEPENDENT INSURANCE AGENCY BWO Insurance Group, LLC Johannesen Farrar, Inc. KVS Insurance Vizance, Inc. Couri Insurance Group HNI Risk Services, LLC David Insurance Agency, Inc. R & R Insurance Services, Inc. American Advantage - Lindow Insurance Inc. Starr Insurance Group Ansay & Associates
South Milwaukee Human Concerns The Tree House Child and Family Center Mukwonago Food Pantry Inspiration Ministries MACC Fund New Berlin Food Pantry Careers Industries, Inc. LindenGrove Foundation Waukesha Food Pantry Christian Hope Ministry Ronald McDonald House Charities Eastern WI
West Bend Taking Action Amidst COVID-19 Policyholders: West Bend recently distributed one-time $50 checks to over 68,000 Wisconsin residents. In addition, the company is extending premium due dates for all policyholders impacted by the crisis and automatically providing coverage on personal vehicles used by employees of restaurants that now offer delivery services. Associates: West Bend’s associates number more than 1,300, all of whom are committed to providing exceptional service to policyholders and agents. As a small gesture of support, West Bend gifted each associate with a $150 bonus to use as a donation to a favorite nonprofit organization or toward restaurant carry-out or patronage of local businesses, both as a reward for their hard work in these trying times and as a way they can show support for businesses and organizations affected by the statewide Safer-At-Home orders. Community: The West Bend Mutual Insurance Charitable Trust awarded grants to more than 20 nonprofit organizations, many of which provide direct support or relief for the COVID-19 crisis in the community. The two largest donations were awarded to Feeding America and the Red Cross of Southeast Wisconsin, which each received $50,000 to aid their noble pursuits to provide food, shelter, and blood to those in need during this very uncertain time. Additional Information Organizations such as the Office of the Commissioner of Insurance, the Department of Insurance, and the Department of Commerce in each state have compiled resources that businesses and individuals in those states can refer to for information and/or help. Information is linked on our website COVID-19 Resources.
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West Bend strives to be a helpful resource to both agents and its policyholders and has compiled any updates regarding relief options on this page, West Bend Response.
ROBERTSON RYAN & ASSOCIATES GROWS
Milwaukee, WI (5/27/20) — Robertson Ryan & Associates is excited to announce Joel Weis joined Robertson Ryan in April as an Agent Owner & Vice President. Joel was most recently the co-owner of May’s Insurance Agency in Burlington, WI. He started with May’s Insurance in 1992. Before his insurance career started Joel went through two tax seasons as an accounting intern in college realizing that he wanted to deal more with people and less with ledgers and tax forms. Now in the insurance industry for over 25 years, Joel enjoys the challenge of making sense of Commercial Insurance for business owners in Wisconsin and Northern Illinois. Weis shared, being part of Robertson Ryan will give my team and me access to over 50 commercial insurance carriers and will provide us the tools to do more for clients in terms of Loss Control and Risk Management. This all adds up to stronger insurance programs and more services for our clients.” The entire Weis team includes: Nicole Baumeister (Business Insurance), Sarah Boylen (Employee Benefits), Ashley Foat (Personal Insurance) and Jim Peterson (Agent). Their office is located at 204 East Chestnut Street, Burlington, WI.
We’re so pleased Joel Weis and his team selected RRA for their next chapter. Joel and his team share our customer-centric values and they will be a great addition to our agency, shared Allan Degner VP of Marketing at Robertson Ryan & Associates.
News Members in the
AmGUARD • EastGUARD • NorGUARD • WestGUARD
Proud of our Independent Agents In times of crisis, it’s reassuring to know that our company has a network of industry experts representing us on the front lines. Thank you for your help in relaying COVID-19 relief measures we have implemented to ease some of the financial burden on our policyholders.
APPLY TO BE AN AGENT: WWW.GUARD.COM/APPLY/
ERRORS & OMISSIONS
WHAT YOU DO AND DON’T DO WHEN A COVID-19 E&O SUIT ARRIVES COVID-19 has changed the agent’s errors and omissions (E&O) landscape for the next several months. While we can’t predict the number of agents who may have E&O claims at this point, the odds are high that if you don’t get sued, an agent you know will. Proper actions and reactions when threatened or served with an E&O suit arising out of this pandemic are of utmost importance. Once a threat is made or a suit filed, the allegedly improper act or omission has already occurred - don’t worsen the situation by making bad decisions. Remember these “dos” and “don’ts” if you find yourself in an E&O situation. Let’s start with the first MAJOR don’t: Do not overreact to the claim. Understand that there is no shame in being accused of an error or omission, especially given the weird aspects of this COVID-19 situation. Even the best practices and procedures may not protect the agency right now. Anger, either toward yourself or others, is counterproductive and serves only to increase the weight of the situation.
Do Not Do These Things Do not, under any circumstances, alter the client’s file. What’s done is done. Making changes creates the appearance that there is something to hide. Accept what is there and prepare for what comes next. Do not discuss the claim with anyone other than the claims representative, defense attorney or any other member of the office directly involved in the claim. The only individuals who need to be involved in any discussion related to any E&O claim are those personnel directly related to the care of the plaintiff’s account and those defending the agency. Do not make any admission of liability or wrongdoing; and do not offer or make payment.
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Do not provide any written or recorded statement to the plaintiff without your E&O carrier’s claim representative present. Do not allow inspection, copying or removal of client files and records without consulting with your E&O claim representative. Do not try to manage the claim on your own. The E&O carrier has more experience and is better able to manage the process. Allow those with more experience and resources to manage the suit.
What To DO What should your immediate and ongoing “do’s” be following an E&O claim? Notify the E&O carrier of a “claim” or potential claim immediately. Provisions in the E&O policy require the insured to notify the insurance carrier as soon as practicable following the receipt of a “claim” or any indication of a potential claim. Listen for “trigger” words or questions. Some words, phrases or questions just don’t seem normal, in fact, they sound like something a lawyer would say. If your client uses terms like “duty,” “breach” or “breach of duty,” assume they have been talking with a lawyer. Also pay attention to the questions that are asked, does it seem like they are trying to trap you into admitting something? Notify the carrier of a potential claim if words or phrases seem to indicate a lawyer is already involved. Assume every conversation is being recorded. Regardless of the legalities of recording a conversation, assume your answers are being recorded. Pick responses carefully.
Gather and organize all pertinent records related to the insured and the situation. But when doing this, remember the second “don’t” - don’t alter them. The claim representative needs all the information to conduct an investigation and prepare and provide a proper defense. Write down all the information known about the incident surrounding the claim. Each member of the team directly related to the client and the incident giving rise to the E&O claim should record all they can remember about the incident or incidents on which the claim is based. This should be a factual narrative statement in chronological order. Leave out opinion and emotion. This is the time to act like you are talking with Joe Friday from Dragnet – just the facts. Who, what, when, where and why is all that should be contained in these accounts.
Hiding or hedging certain aspects of the facts surrounding the situation on which the claim is based creates distrust between you and your insurer; it also makes the agency look guilty. The insurer is on your side. Make sure you comply with all policy conditions and requirements. If the agency fails to comply with all E&O policy conditions, coverage may be jeopardized. Hopefully, You Will be Spared Hopefully, you and your agency will not need this information. If not, that’s great. But given the uncertainty of this current situation, it’s better to be prepared.
Assign one person as the claim leader. One person should be assigned the duty to report, track and manage all COVID-19 E&O claims within the agency. Cooperate with the E&O carrier. This includes providing information and facts that look bad for the agency.
> Big I Risk Management
JOIN US, a WI Based Top 100 Agency
The IIAW Welcomes Kaylyn Zielinski, Marketing Specialist
Are you or your agency ready for a positive change? Robertson Ryan has been offering innovation through our unique Agent Owner structure since inception in 1960. Time and time again after an agent or agency joins us they say, “We wish we did this years ago.” Our team recognizes the strength and power behind the agent and insured relationships so we’ve built, and continue to fine-tune, a support network rewarding those affiliated with RRA. Find more at, www.RobertsonRyan.com/AgentOwner ...and let’s connect. Call or email me 414.221.0363 or cillman@robertsonryan.com. I look forward to answering your questions!
Chris Illman, CEO
www.RobertsonRyan.com
wisconsin INDEPENDENT AGENT
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WORKERS’ COMPENSATION
COVID-19 AND WORKERS’ COMPENSATION IN WISCONSIN By this time many of us have attended national webinars, read national periodicals containing articles regarding Covid-19 and the exposure it may bring to the workers’ compensation industry.
Your Bureau’s transition was seamless. There was no change in service availability and work was processed on time despite the many Covid-19 related phone calls that added to our workload.
Logic 101 teaches us a basic flaw in logic is the hasty generalization. The problem with consuming national information and applying it to one state is obvious. In addition, early to market national predictions based on inadequate data often wastes time and miss the mark… by a lot.
As president of the organization, I am proud of the entire staff, the flexibility and extra hours worked to ensure availability, and timely decision-making for members, employers, agents and all other stakeholders. Our Rating Committee, Governing Board and all employees really did step up and I acknowledge all of them and their communal effort.
In some cases, particularly in specific states where laws are changed or enacted quickly , generalizations regarding the specific state are reasonable and necessary. Otherwise, unless each state is looked at with a critical eye and a gathering of state specific data, reports with a wide span are less useful if not misleading when applied to one state. Here’s Wisconsin specific information you can rely on.
Wisconsin Specific Workers Compensation Impact of Covid-19 Wisconsin Compensation Rating Bureaus transition from office to home.
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Claims Received The WCRB does not collect real time data regarding claims. Still, we believe it is important to understand, at least anecdotally, what volume and types of Covid-19 claims are being presented by first responders, healthcare workers and other workers deemed essential. A hasty generalization made by using countrywide statistics could have led us in the wrong direction. With national reports predicting up to a 50% decrease in overall claims activity (because of the unemployment plunge) through April 2020, Wisconsin has seen a decrease of approximately 25% in new claims opened.
WCRB is also tracking claims received in the first responder worker categories defined by the statutory changes in Wisconsin Workers Compensation Act that allow presumptive but rebuttable claims be honored by a defined list of first responders and healthcare workers. This will help support estimates for rating purposes at a later date.
(It is important to understand that Paid Furloughed Workers code 0012 can only be used when absolutely no work is being performed for the employer.
At a high level and at this period of time, these Covid-19 exposures are not of such a great volume that an overall impact on rate impact will be great. Of those reported the vast majority, approximately 95%, had treatment consisting of diagnosis then staying home and waiting for the illness to pass.
What if Code 0012 is used fraudulently by an employer to falsely lower WC premiums?
‘Furloughed but Paid” Workers With reports of employers paying workers out of goodwill while those workers were furloughed, something needed to be done to remove the payroll for ‘Furloughed but Paid’ workers from eventually being used in rating the risk. Wisconsin became the first state in the country to construct a filing with rules that granted employers relief knowing that they would not be charged a rate for their goodwill. The Bureau developed unit statistical code 0012 which was approved by Wisconsin’s OCI in less than a week (that sounds easier than it was.) NCCI and other rating bureaus subsequently changed their filings to include 0012 or another code that enabled employers to place payroll for workers who are not working and not apply a rate toward that payroll.
Covid-19 and Worker’s Compensation in Wisconsin Updates and FAQ’s For a full list of FAQ’s regarding Covid-19 in Wisconsin, visit www.WCRB.org and look for the ‘Click Here’ link for Covid-19 Updates and FAQ’s. Here are some of the MOST frequently asked questions: Who is considered a paid furloughed employee for WI worker’s compensation insurance purposes? By definition, a paid furloughed employee is one who is still being paid where they have been given a temporary layoff, an involuntary leave or another modification of normal working hours for a specified duration. This is for payments made by the employer during the paid furloughed time under the Governmental Emergency Order regardless of when it was earned.
In addition, it imperative that the employer keep clear and irrefutable records when reporting employees as paid while on furlough.)
Code 0012 can ONLY be used if an emergency order is issued by a governmental official. Code 0012 is defined as: Paid Furloughed Workers During A Governmental Emergency Order Impacting Employment. If a governmental emergency order is not in effect, code 0012 cannot be used. During a declared government emergency order, improper use of this code or the use of false or misleading documentation in support of reallocation of payroll to this code is a violation of the law and may subject the employer/owners to fines, penalties and/or imprisonment for fraud. If a paid furloughed employee continues to be paid by their employer, is their payroll excluded from the employer’s worker’s compensation insurance premium? If an employer continues to pay furloughed employees their normal wages and the employer keeps separate, accurate and verifiable records, the payroll will not be included for the basis of premium. How is the payroll to be split when an employee works part of a day and is furloughed part of the day? If the employee is performing work duties for any portion of the day, no division of payroll is acceptable. Will COVID-19 claims be included in my future experience rating modifications? Wisconsin procedures will be consistent with those previously applied to other Extraordinary Loss Event catastrophe codes. Valid claims coded with catastrophe code 12 and reported to Wisconsin will be excluded from experience rating calculations for any employer(s) incurring one or more such claims.
> Bernard Rosauer, President Wisconsin Compensation Rating Bureau
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CONTINUING
EDUCATION IIAW ONLINE EDUCATION & CE CLASSES 2020 DATE
TIME
COURSE
JUNE 04 08 10 11 15 16 17 22 23 24 25
12PM-3PM 8AM-11AM 12PM-3PM 8AM-11AM 8AM-11AM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM
Commercial Property Coverages - Exploring Key Concepts Insuring Toys and Collectibles Contractors Property Exposures Income After Retirement - Where Does the Money Come From? The Insured, Additional Insured vs. Named Insured Debate E&O: Roadmap to Personal Auto and Umbrella Insurance Ethics and Agent Liability Businessowners Policy (BOP)...Planning for the Unexpected Farm Liability Coverages E&O: Commercial Property Coverage Gaps and How to Fill Them Taking Charge of Emerging Homeowner’s Insurance Trends
JULY 13 14 15 16 20 21 22 23 27 28 29 30
12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM 12PM-3PM
Insuring Technology Exposures - Products, Property & Professional Liability
Life Insurance... Benefits for the Living Insuring Hobby and Small Farms E&O: Roadmap to Homeowners Insurance Take Charge of Emerging Personal Automobile Trends Cyber Liability E&O: Commercial Liability Coverage Gaps & How To Fill Them Ethics - Walking a Straight Line Business Auto Coverages Commercial General Liability Coverages
Personal Lines Checkup - What’s New and What’s Changed... What It All Means
10 Things Every Commercial Lines Agent Ought To Know
For more information and to register for these classes, visit https://bit.ly/IIAWContinuingEducation. QUESTIONS? CONTACT IIAW AT 608-256-4429 OR AT DIANA@IIAW.COM 18
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wisconsin INDEPENDENT AGENT
VIRTUAL UNIVERSITY
IS THE INSURANCE POLICY AFFECTED IF THE BUSINESS OPENS AGAINST A GOVERNOR’S ORDERS: THE FACTS ABOUT SUPPOSED “ILLEGAL ACTS” EXCLUSIONS States have gone to war against some municipalities over COVID-19. Executive orders currently in place in many states still bar certain businesses considered “non-essential” from opening; but some municipalities have told their respective governors they are opening the community regardless. Governors finding themselves in these situations have undertaken various tactics to prevent these municipalities from carrying through with their reopening plans. North Carolina’s governor told a county that all state funding would be cut if they opened, the county capitulated. Other governors, seemingly out of options, have undertaken a unique and indirect tactic – misrepresenting insurance coverage. Although this sounds like an odd tactic, the goal is to scare the business owners into remaining closed. If the governors can successfully dissuade the business owners, it doesn’t matter what the city or county does, businesses won’t open solely out of fear. Governors and their representatives are publicly stating that if a business opens in violation of the executive order, doing so places its insurance coverage in jeopardy because of the “illegal,” “criminal” and/or “dishonest” acts exclusions. The problem is, there is enough untruth in these statements to make them lies. Let’s review the truth or half-truths of these claims on a coverage-by-coverage basis. Note, the following analysis is of unendorsed policy language, endorsements can alter application of this policy language analysis. Commercial General Liability (ISO’s CG 00 01 04 13)
Coverage A – Bodily Injury and Property Damage Liability. Simply, there is NO illegal or criminal acts exclusion applicable to Coverage Part A. One state knowingly took indecent liberties with the “Expected or Intended Injury” exclusion in its attempt to assert that coverage would be denied. The expected or intended injury exclusion does not act to deny claims resulting from opening against a governor’s orders. This exclusion applies to the actions of an insured that one would EXPECT or INTEND to cause injury such as punching someone in the nose or setting a trap. A reasonable person intends and would expect that someone would be injured by such acts. There does not appear to be an applicable exclusion in Coverage Part A. So, a slip-and-fall incident is covered, a products liability claim is covered, basically anything covered under Coverage A in “normal” times is covered if/when the business opens – even against a governor’s orders. Coverage B – Personal and Advertising Injury Liability. There is a “Criminal Acts” exclusion appliable to personal and advertising injury coverage. Within Coverage B the specific exclusion reads: 2. Exclusions: This insurance does not apply to: d. Criminal Acts “Personal and advertising injury” arising out of a criminal act committed by or at the direction of the insured. “Personal and advertising injury” is a
defined term. Basically, this exclusion applies to activities and actions such as libel, slander, defamation of character, violating a right of privacy, wrongful eviction, false arrest and other such actions. If any of the acts listed in the definition is done in violation of a law, there is no coverage. If the store owner calls the governor a nasty name, that would be excluded; but only if doing so is considered a criminal act. Thus, this exclusion is a non-issue. Coverage C - Medical Payments. In short, there are no exclusions for “illegal,” “criminal” or “dishonest” acts in Coverage C. Where the insured had coverage before the orders, they still have coverage. Commercial Property Within ISO’s CP 00 10 10 12 - Building & Personal Property Coverage Form there is one reference to “illegal.” The policy excludes coverage for “contraband, or property in the course of illegal transportation or trade.” Although this is intended to exclude coverage for products that are illegal to import, export or sell, the wording may present problems if the insured opens against government orders. Two key questions arise: • Is operating in defiance of an executive order a criminal act (making it illegal); and • If it is a criminal act, does ignoring an executive order mean the operation is “in the course of” illegal…trade? Illegal or Criminal Act An illegal act is one that is forbidden by law. In the absence of this pandemic, wisconsin wisconsin INDEPENDENT AGENT INDEPENDENT AGENT
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the reasonable assumption is that the insured is a legal operation and was operating legally. Whether an executive order disallowing the operation of a business is given the effect of or is equivalent to a law is a question for the courts. If operating in defiance of an executive order is forbidden by law (making it a criminal act), will the “law” be upheld in court? Reports are that at least one state court has determined that stay-at-home orders are not legal. Whether other courts will follow this lead is unknown. For sake of this analysis, let’s make the worst-case assumption that operating in defiance of an executive order is considered a criminal or illegal act. If operating against a lock down order is a criminal act, this is strike one towards the lack of property coverage. However, given the anecdotal evidence, these orders do not appear to hold status as a law. Governors can make emergency declarations that can be enforced to a certain degree; but if they were, in fact, laws and the actions were illegal, the governors would not need to use scare tactics and/or threats such as the revocation of the business’ operating license, they would simply have the owner arrested. Additionally, laws cannot generally be created by edict. A law (statute) generally requires approval of both houses. Yes, as stated, an executive does have broad powers during a declared emergency, but that does not include the ability to create a law or statute. Lastly, in general the US is designed as a “bottom-up” regulatory model. The only reason the NC county succumbed to the governor’s orders was because the state threatened to take away state funds. Evidently, opening is not illegal, it’s just against the governor’s wishes contained in the emergency declaration. (It’s unlikely that any level of government would want the executive to have the ability to create law by edict.) If the actions are NOT criminal, coverage for the property is NOT excluded. Is Operating in Defiance of the Order “In the Course of” Illegal Trade “In the course of” can be defined to mean “during a specified period.” Other definitions include “in the process of,” and “during.” Black’s Law redirects the definition of “course of trade” to “trade usage.” “Trade usage” redirects to “usage.” 20 20
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Under “usage” is found the meaning of “trade usage.” A long way around to the information needed. Trade or trade usage in Blacks Law essentially means the common methods of operation. Other sources define trade to mean a business or occupation entered into for profit. Given the above, it appears any business operating is “in the course of trade.” If operating in defiance of a governor’s order is illegal (a criminal act), the business is “in the course of illegal trade.” Operating in the course of illegal trade negates property coverage during the time of illegal operations. The commercial property form does not limit the application of this wording to real or personal property – the wording applies to all property. Unfortunately, there is not a “fix” for this possible exclusion of coverage. The lynchpin or key factor to whether the property is covered or excluded from coverage is whether the operation is illegal. If opening is not illegal, there is coverage; if opening is a crime, there is no property coverage. ISO’s CP 10 30 09 17 - Causes of Loss Special Form contains an exclusion for dishonest or criminal acts; however, the wording applies to actions undertaken by the insured to damage or destroy covered property. This exclusionary wording does not apply to the operation of the business within or outside the allowances of an executive order. Is coverage excluded for property losses when the business is operating in defiance of an executive order? This may ultimately be a question for the courts; but it appears: If a governor’s decree does NOT carry the weight of a law, it’s unlikely this wording would apply – meaning there would be coverage regardless the governor’s wishes; If a governor’s decree IS given the weight of a law, making the act of opening illegal, the insured may lose property coverage; or If a governor’s declaration is granted the weight of a law, but such decree is struck down by the courts, coverage may be reinstated. From a property coverage perspective, the question of coverage is murky. Carriers may or may not attempt to spit hairs to deny or provide coverage. Workers’ Compensation and Employers’ Liability Does NCCI’s workers’ compensation policy respond to cover an injury to
an employee arising out of and in the course and scope of employment if the business is operating against that orders of the state? Workers’ compensation is a unique coverage, the policy responds in accordance to the guidelines of the state’s workers’ compensation statutes. To answer the question, the statute must be reviewed. If statute does not exclude protection to employees working in violation of the law, the work comp policy responds and pays for injury – regardless of the executive order. Because workers’ compensation is for the benefit of the injured worker, it is unlikely any state law would disallow coverage for any work-related injury, even if the business is operating against an executive order. This violates the spirit and intent of the coverage. In fact, some work comp statutes specify that it applies to workers whether lawfully or unlawfully employed. The respective state law must be reviewed, but such limitation or exclusion is unlikely to be found. Furthermore, there is no wording in the policy itself that would allow the insurance carrier to seek repayment from the insured. Thus, opening in defiance of an executive order does not appear to jeopardize workers’ compensation coverage. Part Two – Employers’ Liability does contain exclusionary wording regarding employment in violation of the law. The policy reads: C. Exclusions This insurance does not cover: 3. bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers. Is the employment in violation of the law or is the operation in violation of the law? The apparent intent is to exclude employers’ liability protection for those employed in violation of federal guidelines regarding status as a legal worker in the US. Given the intent, this exclusion does not appear to apply. But remember, this is regarding the employers’ liability protection only, this wording does NOT apply to workers’ compensation. Business Auto (CA 00 01 10 13-Business Auto Coverage Form) There is no illegal, criminal or dishonest act exclusion in Section II – Covered Autos Liability Coverage of the business auto policy (BAP).
Like the CGL, there is theAFFAIRS Expected or GOVERNMENT Intended Injury exclusion; but, as in the CGL review, this is irrelevant in regard to this conversation. Operating in disregard to the executive order does not appear to negatively affect the liability coverage provided by the business auto policy. If the BAP did exclude illegal acts, there would be no coverage for injury caused when speeding, when making an illegal turn or many other actions that are illegal. Neither is there an applicable exclusion under the physical damage coverage. No specific exclusionary wording appears to affect uninsured/ underinsured motorist coverage either. Apparently, the business auto policy responds regardless of any orders in place. Professional Liability and Errors & Omissions Policies There is no “standard” professional liability or errors and omissions (E&O) contract, thus each will require separate review. However, most of these forms do contain exclusions related to criminal conduct. But does such wording exclude coverage simply because the business is open regardless of the governor’s declarations? Given the intent of coverage, professional liability and E&O policies cover the professional activities of the insured and the harm caused by the improper practice of those activities. Opening against the wishes of the governor doesn’t seem to entail the professional activities, it is a business decision. For example, assume insurance agencies were not considered essential businesses and were forced to close. If an agency owner decided to reopen in spite of the order, any act or failure to act for or on behalf of a client may result in an E&O suit.
A. alleging, arising out of, based upon or attributable to:
Opening against the wishes of the governor does not appear to affect coverage. However, some governors have threatened to revoke and some already have revoked certain professional licenses. If holding a professional license is a condition of the professional liability or E&O coverage, then these coverages appear to be in jeopardy. Most occupations that require professional liability or E&O coverage also require a license to provide the service (not the same as a business license). If the government, through its police powers, revokes a professional license, the coverage may cease to exist for any future events. Revoking a professional license is not the same as revoking a business license. For agents, this is revoking the agent’s P&C license, not the agency’s license to exist. Whether such revocation is allowed by law is not a topic for discussion in this article.
Exclusions: We will not pay for any “loss” resulting from any “claim”: A. Based upon, attributable to, or arising in fact out of any dishonest, malicious, fraudulent or deliberately criminal act or any willful violation of any statute or regulation; Notice the key words common to both exclusionary examples, “based upon,” “attributable to” and “arising out of.” Neither exclusion applies to any management liability suit unrelated to opening against the will of the governor. The only suits that might be excluded are management liability suits directly related to the violation of the decree; otherwise, the policy is unaffected. Findings Overall, opening in defiance of a governor’s decree appears to have little effect on insurance coverage. Questions arise in two policy types:
Executive or Management Liability Directors and Officers (D&O), Employment Practices Liability (EPL) and Fiduciary Liability are the three most commonly discussed executive or management liability coverages. Like professional liability and E&O, there are no “standard” forms. Likewise, these forms generally do contain exclusions related to illegal, criminal, and/or dishonest acts.
IF opening is a criminal act (it’s not clear if such act is criminal), does that activate the criminal acts exclusion?
Following are examples from two separate management liability forms:
Opening in defiance of any order has no correlation to the erroneous act of the agent. They are separate and distinct incidents. One has no relationship to the other.
The Insurer shall not be liable to make any payment for Loss in connection with any Claim made against any Insured:
This same logic appears to apply to all other activities covered by either a professional liability or an E&O policy.
(2) the deliberately fraudulent or criminal acts of an Insured; provided, however, this exclusion shall only apply when it is finally adjudicated that such conduct occurred;
Commercial property; and Professional liability / E&O policies. If, and this seems to be a big “if,” the act of opening is a criminal act, the insured’s commercial property coverage may be compromised. And if the state revokes the business owner’s professional license (not business license), the professional liability or E&O policy may exclude coverage. The fear tactics being used by some states surrounding insurance coverage are largely unsupported. Not being lawyers, no agent should advise on what constitutes a criminal act, but agents can and are within their licensure to explain insurance language.
Exclusions:
> Chris Boggs Big “I” Virtual University Executive Director wisconsin wisconsin INDEPENDENT INDEPENDENTAGENT AGENT
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Government Affairs
WISCONSIN RE-OPENS AS SUPREME COURT INVALIDATES STATE’S SAFER-AT-HOME ORDER On May 13, 2020, the Wisconsin Supreme Court declared the state’s Safer-at-Home order unlawful, invalid, and unenforceable. When the ruling was first announced, businesses faced some uncertainty as to how to operate. However, it now appears there are no statewide requirements governing their operations.
County, Kenosha County) instituted their own local orders. However, some of those have since been lifted out of concern for a lawsuit or have expired, including those effecting most of the Milwaukee suburbs. Notably, Dane County and the Cities of Milwaukee and Madison continue to have versions of a Safer-At-Home order still in place.
By a 4-3 decision the court limited Evers’s ability to make statewide rules during emergencies such as a global pandemic, instead requiring him to work with the state legislature on how the state should handle the outbreak. The justices wrote that the court was not challenging the Governor’s power to declare emergencies, “but in the case of a pandemic, which lasts month after month, the Governor cannot rely on emergency powers indefinitely.” Notably, the court allowed Emergency Order #28 to remain valid as to school closings for the 2019-2020 school year, which means that while businesses may open, schools remain closed. Neither the Governor nor the legislature have yet to offer replacement guidance on COVID-19 suppression measures. A scope statement for emergency rulemaking was recently withdrawn by the Department of Health Services (DHS) for lack of legislative support. Many businesses have voluntarily adopted standards which require physical distancing, capacity limits or call for face coverings. However, there are no statewide requirement to do so. Each business is left to determine for themselves what measures, if any, they wish to put in place. Immediately following the ruling, a few Wisconsin counties and municipalities (i.e. Milwaukee, Madison, Dane County, Brown 24 24
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As businesses around the state gradually begin to open up, there is concern about exposure to lawsuits that may be brought by employees or customers that contract the virus. A group of businesses trade organizations with the Wisconsin Civil Justice Council (WCJC) have been working on a legislative proposal that would provide civil immunity for businesses that reopen during the COVID-19 pandemic. Such a proposal requires legislative approval and signature from the Governor and the timeline is uncertain if and when such a measure would pass. >M isha Lee IIAW Lobbyist
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COMMENTARY FROM COUNSEL
ROUND 3: SUPREME COURT AGREES TO HEAR EFFORT TO OVERTURN AFFORDABLE CARE ACT Not since the Thrilla in Manila has a third bout been as eagerly anticipated as the upcoming United States Supreme Court hearing of the latest challenge to Obamacare. Well, perhaps comparing the case to the 1975 finale of the Ali - Frazier rivalry is unfair (to Ali and Frazier), but the case does merit attention. Earlier this month, the Supreme Court agreed to again hear a case concerning the validity of the Affordable Care Act (“ACA”), President Obama’s signature healthcare legislation. If the Court takes this opportunity to overturn the law, the provision of health insurance in this country could fundamentally change. This change would be especially impactful for your business clients.
Case Background In 2017, congressional Republicans began their efforts to repeal and replace the ACA. When those efforts failed, Republicans changed tactics and instead, chipped away at one of the act’s most well-known, and unpopular, provisions: the individual mandate. To be clear, Congress did not eliminate the individual mandate itself, but, rather, eliminated the tax penalty for failing to acquire health insurance. President Trump quickly signed this change into law. Seeing an opportunity, a group of 20 states brought suit in the United States District Court for the Northern District of Texas, arguing that the entire ACA is invalid because of the changes to the law. In a previous challenge, the Supreme Court upheld the individual mandate as an exercise of Congress’ taxing power. The states challenging the ACA asserted that, with no tax penalty for violations, the individual mandate can no longer fall under Congress’ taxation powers and must be considered unconstitutional as a violation of individual liberty. Going further, the states argued that the individual mandate is a fundamental component of the ACA, and, as a result, the entire law must be overturned. In a December 2018 decision, District Judge Reed O’Connor agreed and ruled the ACA unconstitutional. Shortly thereafter, several groups, including Democratic state attorneys general and the House of Representatives, under Democratic control at that point, appealed the decision to the Fifth Circuit Court of Appeals. Given a choice between finding the individual mandate constitutional and overturning the entire law, the Fifth Circuit chose a middle way. The court agreed with Judge O’Connor that the individual mandate is unconstitutional, but sent the case back to the lower court to reconsider if such a holding renders the entire act invalid. The House and the states led by Democratic attorneys general appealed that the decision to the United States Supreme Court, which agreed to hear the case. Based on standard timeframes, the Court will likely issue a decision in spring or summer of 2021.
Now What? Importantly, it is not clear how the Supreme Court will rule on this case. The ACA has come before the Court on two previous occasions, and it has upheld the law both times. While the makeup of the Court has changed significantly in recent years, all five Justices making up the majority in both decisions remain on the Court. However, the law has now changed, and in ways relevant to the Court’s previous opinions. The takeaway: while it is entirely possible the law will be upheld, you and your agencies should be prepared for it to be overturned. If the entire law is invalidated, a key impact will be the elimination of the “employer mandate.” As you are likely aware, currently, employers with 50 or more full-time employees, or full-time equivalents, must provide health insurance to 95% of those full-time employees and their children that is both affordable and ensures minimum value. Coverage is considered “affordable” if employee contributions do not exceed a specified percentage of that employee’s household income (9.78% in 2020). A plan provides “minimum value” if it pays for at least 60% of covered services (including deductibles, copays and coinsurance). If employers violate their mandate, they face a monetary penalty. If the ACA is overturned, however, there will be of course no employer mandate. This will likely result in many of your business clients evaluating changes to their employee health plans. It is critical that you and your agencies work with legal counsel so that you can make informed decisions when it comes time to design plans responsive to your clients’ needs.
Conclusion While it is unclear if the Supreme Court will take this opportunity to overturn the ACA, it is crucial to be prepared in the event that it does. Keep an eye on this column and other IIAW publications for developments on this case, and make sure to work with legal counsel to ensure that you and your agencies are able to successfully navigate what could be a complex path forward.
>J osh Johanningmeier IIAW General Counsel
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AGENCY OPERATIONS
WILL YOU BE WELCOMING A NEW EMPLOYEE? While new hire season 2020 may look very different than 2019, new employees are still joining agencies every day. We have connected with many hiring managers and new hires to learn what’s different about the onboarding process. A lot is different especially when agencies’ employees are working from home or a smaller staff rotates in-office times. Below are tips if you are hiring over the next 60 days: 1. Number One Priority: Have A Plan! This was always a proven strategy but now more than ever. Map out the first three weeks day by day. The first impression sets the stage for future expectations. A schedule with a mission, timing and outcomes for each day will communicate how employees and teams are expected to perfect at your agency. • Arrange HR related requirements on their first day. • Schedule guest one-on-one speakers from the agency to talk about their role and the culture. • Set online learning assignments for completing a certain number of courses each day. • Organize all operations and procedural training that takes place remotely via Zoom or webinar to be recorded. These can be terrific reference tools for the new hire. Finding the information they need when they need it, will build confidence. • Integrate report backs or quizzes. Accountability starts with the new hire sharing what they learned to encourage them to ask questions and learn more.
Here are some ways to make a great impression that first day: • Make them feel they are part of the team – introductions are a must – and virtual conference calls are perfect for this. • Send the new employee a welcome basket or a swag bag with your company marketing materials. • Schedule virtual lunches – not every day but sprinkle them in throughout. • Can you assign a different buddy for the first three weeks? (That’s only one per week.) • Rotate buddy assignments for the first three weeks. • Include them in staff meetings (and then ask them post-meeting to share questions with you). 3. Engage with the New Employee Daily. As a leader, be sure to check-in daily – this can be a longer meeting on Monday morning to reset the plan for the week and then at lunch or end of day to discuss questions. Employees value leadership and guidance. The first 90 days on a new job can be tense for the new employee – now more than ever. Every connection and discussion will ease this tension and create a supportive onboarding process. Need help with a training plan? Please visit https://www.myagencycampus.com/ for more information.
2. “Before” Day One - Impression Matters! Make your new hire feel welcome; create a plan. Nothing is worse then a new employee showing up for work and feeling lost. 28
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> Nancy Langton
MyAgencyCampus
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Learn more, contact me. Leo Plese (630) 328-7076 lmplese@autoclubgroup.aaa.com Insurance • Membership • Travel • Banking AAA Independent Agents are not employees of AAA The Auto Club Group; but, rather are independent contractors. Insurance underwritten by one of the following companies: Auto Club Insurance Association, MemberSelect Insurance Company, Auto Club Group Insurance Company, Auto Club Property-Casualty Insurance Company, Auto Club South Insurance Company, Auto Club Insurance Company of Florida, or non-affiliated insurance companies. ©2019 The Auto Club Group. All rights reserved. 19-IN-0147
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