IFA MD-DC, September 2008
Transcription
IFA MD-DC, September 2008
Tenth Anniversary 1998-2008 Maryland PRSRT STD U.S. Postage PAID Baltimore, MD Permit No. 7841 District of Columbia Insurance & Financial Advisor Monthly 10600 York Rd. Suite 203, Hunt Valley, MD 21030 DATED MATERIAL Please deliver by Sept. 5, 2008 Required reading for successful insurance and financial service professionals Change Service Requested Volume 11, Issue 7 | // New Law Maryland mold law to take hold A new law phases in new requirements regarding mold remediation, one of the property/casualty industry’s greatest concerns. Page 6 // Industry Appointee Agents get new voice on state board The coastal property insurance market in Maryland and the mid-Atlantic is “not very good,” according to an expert, who said it will not improve until building codes and construction techniques are changed to lessen the likelihood of damage. “It’s not going to get any better anytime soon,” said Rita Hollada, a Selbyville, Gov. Martin O’Malley appointed Randall Worthington Sr. of York Insurance Services in Harford County to the Maryland Health Care Commission. Page 8 Congress moving toward federalization of insurance regulation, PCI says. See story on page 17. PSA looking for expansion // Legal Eye Right footwear and noncompetes Columnist Patricia McHugh Lambert explains how putting on the right shoes is the key to handling issues surrounding noncompete clauses. Page 8 // FINRA Plan Annuity regulation changes considered FINRA is exploring whether to streamline its regulations regarding variable annuities. Page 27 Del.-based agent who specializes in coastal insurance issues. She spoke recently to a Professional Insurance Agents conference in Atlantic City, N.J. “We need to approach construction and building in different ways to improve the insurance market,” Hollada said. The lasting effects of Hurricane Katrina and Rita, as well as See “Coastal” on p27 Group predicts federal coup // Company Growth PSA Insurance & Financial Services is looking at Washington, D.C., and Southern Pennsylvania for growth after buying the Baltimore office of Alliance Benefit Group Mid-Atlantic. Page 12 Growth of Web sales no threat to agents...yet Winds blowing against improved coastal market By Bob Graham Former CEO Jews takes MIA to court for all $18 million By Todd Karpovich Former CareFirst CEO William L. Jews has filed a federal lawsuit to recoup his $18 million severance package, nearly a month after the Maryland insurance commissioner ruled that he was only entitled to half of the amount he negotiated with the insurer. Commissioner Ralph S. Tyler originally ruled that the original proposal violated the 2003 Maryland law that limits executive comSee “Severance” on p19 September 2008 Baltimore Life CEO pushes OFC Low volume of agents in mid-Atlantic could make area ripe for online sales By Todd Karpovich The number of consumers who go online to buy auto insurance directly from carriers continues to creep up, and even though those numbers are expected to rise even more, agents should not feel overly threatened…just yet, according to insurance experts. A report by JD Power found that while 55% of all new auto insurance sales are handled by local agents, the percentage of buyers shopping and closing through Web sites or call centers has increased. In 2008, 44% of buyers who bought auto insurance from a new insurer directly from the carrier, See “Online” on p22 Perception Varies A telephone poll of 1,010 adults asked how specific industries served their customers. Health insurers and managed care/HMOs garnered slightly better reputations than in the past, but still barely beat tobacco companies (-43) and oil companies (-32) in the public’s eye. Pearson says plan has ‘strong support’ of big, small life insurers John Pearson, CEO of Baltimore Life Insurance Co., testified before the U.S. Senate John Pearson Banking Committee that the life insurance industry shows “strong support” for an optional federal charter. The ACLI represents large and small life insurers, writing See “OFC” on p21 Source: Harris Interactive Departments CALENDAR 26 DEALS 10 PEOPLE CAPITOL HILL 20 LEGAL BRIEFS 14 NEW PRODUCTS COMPANIES 13 LIFE/FINANCIAL 27 RECORD/FINES 16 9 30 Your only source for the latest local industry news, as well as new products, sales advice, ratings, and national insurance and financial service news updated daily. Your clients will like IWIF’s newrates. Youcan quoteusonit. Have you taken a look at IWIF lately? You may know us as the only insurance company whose sole purpose is insuring Marylanders against workplace injury and illness. But do you know IWIF offers great protection at an even better price? You heard it here first. To get the full story, call 800.264.IWIF or visit iwif.com. 2 | Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 HDHPs finally in play in Md, D.C., economist says Mid-Atlantic region has lagged behind nation in interest in health plan option By Bob Graham High-deductible health plans and health savings accounts are likely to see increased sales in the next few years in the region, a Baltimore economist predicts. “As the economy worsens, the consumer will become more sensitive to price,” said Anirban Basu of the Sage Policy Group, speaking at the recent Maryland Expo, sponsored by the Maryland Assocation of Anirban Basu Health Underwriters and the Maryland chapter of the National Association of Insurance and Financial Advisors. Going in the right direction “The high-deductible health plan and health savings accounts get us in the right direction,” Basu said. In the four years since the launch of what was expected to the next great solution to rising health care costs, response has been tepid. About 5% of all 114 million American workers have enrolled. In 2003, Congress created HSAs, requiring them to be coupled with high-deductible health plans carrying at least a $1,050 deductible for an individual or $2,100 for a family. The policyholder can save pre-tax and tax-deferred revenue for future health expenses, much like a 401(k). Slow to accept HDHPs The mid-Atlantic region has been slow to accept high-deductible health plans, HSAs and other methods of shifting health costs because the competitive health insurance market has kept costs relatively low. But a sagging economy, Basu said, will force people to seek lower prices for health care. Basu said it is difficult for people to appreciate the increasing cost of health care because they are not made aware of it. High-deductible health plans and HSAs provide the information they need. “There’s no need to change behavior when you don’t know the cost of your decisions,” Basu said. “You have to make the consumer more liable for his costs.” IFA Maryland / Washington D.C. It couldn’t be any easier. Working with IMC is the easiest way for brokers to make more money selling individual and group insurance plans. IMC is the premier One-Stop Broker Resource Our Value-Added Services Rate #1 Insurance Marketing Center has everything you need to sell to your clients! IMC makes selling insurance easier and more profitable. We provide you with ALL of the same rates, plans, products, and compensation you would receive by working directly with the carriers... with NONE of the headaches and delays associated with shopping multiple carriers on your own. • One-Stop Broker Resource” with over 30 insurance carriers • Online group proposal system available 24/7 to our brokers • Staff with in-depth knowledge of products and plan design • Marketing professionals available for presentations and employee meetings • In-depth underwriting knowledge and case installation assistance • #1 Wholesaler in the area marketing Consumer Driven Health Plans • Worldwide International insurance – Individual and Group • Competitive products, innovative sales concepts, sales training, workshops and free CE seminars Our brokers are our priority and most important asset. We work exclusively with agents and brokers. We do not sell direct. Brokers earn 100% of commissions, bonuses, and special incentives – Always! IMC INSURANCE MARKETING CENTER Your One-Stop Broker Resource for Group and Individual Medical Plans Call or email IMC for your next group quote using our online quoting service (301) 468-8888 • (800) IMC-9098 www.imctr.com • info@imctr.com Over Thirty Carriers, Including: Insurance & Financial Advisor | IFAwebnews.com September 2008 | 3 IFAInsights We want your insights at insights@ifawebnews.com. // Editor’sNote Maryland • Washington, D.C. Edition Lights! Camera! Insurance hearings go live online Tony Ondrusek Publisher tony@IFAmedia.com Two states, Pennsylvania and New York, recently brought greater hits the second day, 1,993 the third and 950 the transparency to their insurance regulation by providing live, In- last day. That’s more than 10,000 hits in all. In both cases, many people who could not ternet access to important public hearings through the departhave afforded mental Web site. Other states the time or inshould join in. States’ efforts to shed more light on convenience to Bob In New York, three days of hearGraham their activities could delay or forestall a attend the hearings on contingent commissions ings in person could watch them and broker compensation were federal takeover of insurance. online, perhaps while doing somestreamed live. The hearings feathing else. tured a who’s who of CEOs from With the Bush administration and Congress threatening state inthe big property-casualty shops that agreed to stop offering contingent commissions, as well as others debating the issue. Nearly 500 surance regulation, efforts to provide more access to insurance regulatory hearings online in all states would help educate the public people clicked on the live link. In Pennsylvania, Insurance Commissioner Joel Ario took testi- about what state regulators do and why. And it might delay or foremony in the ongoing review of the controversial Independence stall more federal involvement in insurance regulation. Blue Cross and Highmark Inc. merger proposal. The hearings gave That’s my take, insight into the process, the thinking of participants, the new insurance commissioner and the state of health insurance in Pennsylvania and nationally. The Pennsylvania Insurance Department said its Blues hearing page received 4,733 hits on the first day, 2,348 Bob Graham Executive Editor bgraham@IFAmedia.com Todd Karpovich Senior Editor tkarpovich@IFAmedia.com Sharon Schafer Advertising Sales Director sschafer@IFAmedia.com Keisha Beckles Advertising Sales Associate kbeckles@IFAmedia.com Terri Reuter Assistant Editor treuter@IFAmedia.com Molly Greeley Reporter mgreeley@IFAmedia.com Jonathan Herndon // OnlineDigest blog.IFAwebnews.com Carol Ondrusek // BLOG COMMENTS Exclusive content Our most-read online stories | 1 NAIC market conduct proposal draws growing industry opposition Circulation Manager subscribe@IFAmedia.com “All I can do is inform the masses, not judge or criticize those who take a different direction. Life is about choices. A choice one way or another has consequences. I only ask that they choose wisely.” A comment on the blog entry: Health insurance gamblers deserve what they get when they lose “I wonder what effect foreign acquisitions will have on companies’ A.M. Best/Moody’s etc… ratings” | A comment on the blog entry: | Just exactly who says independent insurance agents are not | Insurance Agents & Brokers of America, that’s who! 2 Without contingent commission agreement change, Willis could not acquire HRH, Willis CEO says 3 Obama takes Hillary Clinton's health insurance plan as his own 4 Life insurers forging closer marketing ties with banks Graphics Manager jherndon@IFAmedia.com Mission Statement To provide an objective and relevant report of news and • issues • • that affect the business and success of local insurance & financial service professionals. • • • Insurance & Financial Advisor 10600 York Rd., Suite 203 Hunt Valley, MD 21030 phone: 410.6670864 fax: 410-667-7977 Bet on more big acquisitions of property-casualty insurers getting their fair share? A representative of the Independent - From a post by Tony | 5 CEOs of Independence Blue Cross, Highmark testify that merger won't hurt competition on Blog.IFAwebnews.com Insurance & Financial Advisor MARYLAND & WASHINGTON, D.C. EDITION is published by New Horizon Group Inc. The paper is free for retail insurance and financial service professionals in Maryland and D.C. The publisher also owns Insurance & Financial Advisor – VIRGINIA EDITION and Insurance & Financial Advisor – SOUTHEAST PA-NJ-DE EDITION. Insurance & Financial Advisor and its content is protected by U.S. copyright law. Content may not be reproduced or copied in any form without permission. News, photos and articles are published free. Submissions may be edited or altered, and become the publisher’s property. The publisher assumes no liability for errors or omissions. 4 | Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 BROKERS: A large, profitable market is waiting for you! Reach It! with EBCA Employee Benefits Corporation of America is seeking new Broker partners With health insurance costs rising, business owners are looking for new solutions to lower their costs while WYV]PKPUN [OL ILULÄ[Z [OH[ YL[HPU NVVK LTWSV`LLZ (UK [OH[ TLHUZ [OL`»YL YLHK` [V ZOVW HYV\UK As an EBCA IYVRLY `V\ JHU JHWP[HSPaL VU [OPZ VWWVY[\UP[` I` JVUJLU[YH[PUN VU ^OH[ `V\ KV ILZ[ ZLSSPUN ;OH[»Z ILJH\ZL `V\ OH]L EBCA’s 4-Point Broker Advantage ^VYRPUN MVY `V\! 6\Y [YHPULK Z[HMM WYLWHYLZ `V\Y WYVWVZHSZ HUK ÄUHUJPHS ZWYLHKZOLL[Z [V THRL `V\Y QVI LHZPLY >L KLSP]LY `V\Y WYVWVZHSZ [V `V\ ^P[OPU OV\YZ EBCA WH`Z JHYYPLY JVTTPZZPVU HUK IVU\ZLZ twice a TVU[O HM[LY `V\»]L JSVZLK [OL ZHSL 73<: `V\»YL LSPNPISL MVY EBCA’s new business bonuses, too Call ourr broker broker servic service e hotline at 1-888-367-3222 1-88 88-367-3222 MVY H IY IYVJO\YL VJO\YL [OH [OH[ H[ ZWLSSZ V\[ V\Y IY IYVRLY VRL LY WHY[ULY ILULÄ[Z PU M\ M\SS \SS KL[HPS +PZJV]LYY OV^ `V\ JHU PUJY LHZL L `V\Y ZHSLZ ^OPSL `V\ PUJYLHZL [P L_WLUZL HUK K HKTPUPZ[YH[P]L HKTPUPZ[Y K P P [YH[P]L [P WHWLY^VYR R ZH]L [PTL L_WLUZL Employe Employee ee Benefits Corporation of America The e Broker’ Broker’s ’s Professional Broker £{£ä -«À} ,>` -ÕÌi Îä£ U Vi>] Vi>] 6 6 ÓÓ£äÓ £Óxnä 7iÃÌ Àii i *>ÀÜ>Þ U ,V `] ,V `] 6 6 ÓÎÓÈ£ EBCA’s 13 major insurance carriers offer you excellent group health plan choices you will want to sell, with rates to fit most any client needs. Maryland / Washington D.C. Insurance & Financial Advisor www.ebca.com ww w.ebca.co .ebca.com om | IFAwebnews.com September 2008 | 5 New Maryland law on mold to take hold Oct. 1 Phasing in of new statewide requirements expected to appease concerns of property-casualty industry in state Beginning Oct. 1, Maryland will phase in new requirements for mold remediation services, including contractor insurance for mold remediation, licensing of companies through the Home Improvement Commission and certification of workers and supervisors to qualify for licensing. Concern about mold contamination has become one of the property/casualty insurance industry’s top subjects. From the insurance perspective, damage from mold, like rust, rot and mildew is specifically excluded in standard homeowners and commercial property policies. Mold contamination is covered under these policies only if it is the result of a covered peril. For example, the costs of cleaning up mold caused by water from a burst pipe are covered under the policy because water damage from a burst pipe is a covered peril. Former Maryland Insurance Commissioner Steven Larsen issued an order in 2003 that allowed insurers to limit their mold liability, but not to exclude it. Larsen’s order also pro- Steven Larsen hibited insurers from using an additional deductible for mold loss and from unreasonably restricting the time period for Ongoing fears about mold contamination in buildings is one of industry’s top concerns. reporting a mold claim. Insurers weren’t allowed to use policy language that required a mold-related loss to be reported during the policy period in which the original covered loss occurred. However, when Alfred W. Redmer Jr. took over for Larsen, he immediately re- Meeting Your /FFET and Exceeding Your &YQFDUBUJPOT BenefitMall is one of the largest General Agencies in the country, serving Brokers’ needs for over 20 years. We’re proud to announce our 7th annual sales incentive program, Discover a Desert Oasis, in Scottsdale, Arizona. Here’s how you can qualify: MEET THE GOAL: Sell $700,000 of new, annualized premiums with a minimum of five new cases with effective dates of July 1 through December 31, 2008. ENJOY THE TRIP: You and a companion will join us for four days and three nights at The Phoenician in Scottsdale, April 30 through May 3, 2009. DOUBLE YOUR REWARD: Sell $1,500,000 or more of new, annualized premiums with a minimum of five new cases during the same time period and you’ll receive an additional prize package for two. Key Risk publishes client wellness newsletter Rockville Towson www.benefitmall.com For complete rules and conditions for this sales incentive program, please visit www.benefitmall.com. ©2008 BenefitMall®. All rights reserved. BenefitMall, the circle “B” logo and the corporate logo are registered trademarks of Centerstone Insurance and Financial Services, Inc. California License #063979. Insurance & Financial Advisor surers have to pay more for mold coverage, then those costs are going to trickle down to consumers. As a result, no one benefits from enforcing mold coverage. Redmer said his order will allow insurers to better price their products. He said policyholders can then decide what policies are best suited for their needs, according to his report. Other states have also dealt with serious mold issues. In 2005, a state appeals court in Texas reduced a jury award of $32 million in a closely watched mold-damage lawsuit against Farmers Insurance Company to $4 million plus interest and legal fees. Melinda Ballard filed a lawsuit in an attempt to force the insurer to cover water and mold damage in her 22-room house in Dripping Springs, Texas. The Third District Court of Appeals upheld a $4 million award for actual damages but dismissed the $17 million awarded for mental anguish and punitive damages. The appeals court agreed that an affiliate of the insurance company violated the state’s Deceptive Trade Practices Act but decided that the company had not committed fraud and had treated the policyholder fairly. The appeals court also ordered the $8.9 million award for legal fees to be recalculated. IFA // CLIENT OUTREACH Join us in Arizona, and let us start exceeding your expectations. To begin setting your sights on Scottsdale, go to www.benefitmall.com or contact your local BenefitMall Sales Representative today! 6 | Maryland / Washington D.C. scinded the part of the order that didn’t allow insurers to exclude mold from their policies. At the time, Redmer said if in- | IFAwebnews.com A workers’ compensation insurance provider with a regional office in Baltimore has begun publishing a client newsletter promoting better outcomes through employee safety and well-being. Key Risk, which provides workers’ compensation for employers throughout the Eastern United States, has begun publishing KeyCares because a healthy workforce can directly contribute to a company’s overall performance, the company said. Key Risk released its first edition of KeyCares to clients recently. IFA September 2008 Wee put y W you ou on o solid sol id ground. groun nd. That’s That’ ’s how hoow we deliver distinc distinction. ction. IA&B iss leading the way in ttackling ackling issues like Maryland’s Mar r yland’ ylannd’’s rrecent ecent Condo Law La aw decision. When dec decisions cisions are made that make e issues unclear, unclear, IA&B is on n top of bringing b riinging tthem hem into into focus focus for for our our m members. emberss. O Our ur llegal egal aanalysis, nalysis, llobbying, obbying, coalition efforts, e educational tools, and a constant updates, kee keep p IA&B members and a their clients from gett getting ting burned by this hot issue. ue. If you’re on o shaky ground understan understanding nding the complexities of the Maryland follow Mary yland Condo Law decision, follo ow IA&B back to solid footing. ting. Visit www. www.iabgroup.com/MD .iiabgroup.com/MD or calll the IA&B Member Serv Service vicce Center at 1.800.99 1.800.998.9644 98.9644 and get the help you y need today today.. www.iabgroup.com/MD • 1.800.998.9644 Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com D Driving members to distinction. September 2008 | 7 Industry finally gets new voice on Maryland Health Care Commission LegalEye Randall Worthington Sr. named to board 17 months after Salamon voluntarily resigned Handling business noncompete issues requires the right shoes Agents and brokers will again be represented on the Maryland Health Care Commission as Randall Worthington Sr., who owns York Insurance Services in Forest Hill, was recently appointed to its board. Gov. Martin O’Malley appointed Worthington, who is also a member of the Maryland Agricultural Commission and the Advisory Committee to the Rural Legacy Board. Worthington will be the first person from the industry to be a part of the commission since Stephen J. Salamon served three years as a commissioner. Salamon, who was appointed by former Gov. Robert L. Ehrlich Jr., voluntarily stepped down in February 2007, shortly after O’Malley, a Democrat, took over in Annapolis. Worthington has a long history in the insurance industry. In 1987, he formed Randall P. Worthington Sr. Inc., a propertycasualty agency in Bel Air. Five years later, Worthington formed a second agency, Pest Control Insurance Services Inc., later changed to York Insurance Services Inc., geared toward insurance for the pest control industry. On March 1, 1999, Randall P. Worthington Sr. Inc. and York Insurance Services Inc. merged and also acquired the Wilkinson Insurance Agency in Bel Air. The combined agencies now operate under the name ofYork Insurance Services Inc. IFA // MERGER Cecil, Harford financial service firms merge Port Deposit,Md.-based Financial Concepts recently joined the Kelly Financial Group LLC in Bel Air, Md. The Kelly Financial Group was founded 11 years ago by Bryan E. Kelly and William S. Kelly, who have been certified financial planners since 1998. Financial Concepts’ James E. Backert Jr. has more than 20 years of experience in the industry. IFA Like many women, I have always been uncomfortable shopping at Saks Fifth Avenue. As far as I can tell, it is the rows and rows of $500 shoes, which make me uncomfortable about the store. And perhaps it was this discomfort about designer shoes in the Saks store window, which made me read the case James, LTD. v. Saks Fifth Avenue Inc. In that case, a major retailer was hit with a $1.6 million judgment after it allegedly hired a competitor’s sales employees—even though they had noncompete agreements. From my calculations, that judgment represented about 3,200 pairs of designer shoes. And then I contrast the result in that case with the recent Maryland case of When to put on running shoes 8 | Maryland / Washington D.C. employee—then consider putting on your combat boots and fighting to hire the prospective employee. Of course, it would be best to get advice from legal counsel before going into battle. The right time for new shoes When to wear tap shoes and do some fancy dancing. In order to avoid claims that a hiring decision was made in order to gain access to a competitor’s secret sales information, an employer The right footwear can help determine how best to deal with noncompete issues. Ecology Services Inc. v. Clym Environmental Services LLC. In that case, the company found that a noncompete was essentially worthless because the skills of the employees were not unique and the enforcement of the noncompete would cause a hardship. Interestingly, the relationship between employer and employee in that case seemed as ordinary as a pair of well worn shoes. Welcome back Kathy Gabor! Kathy, Marc, Jeana, Andrea and Suzanne are here to help you with your Advanced Life Sales, Long-Term Care and Annuities. By Patricia McHugh Lambert So what is an employer to do when faced with the delectable prospect of hiring a competitor’s star employee? As Carrie Bradshaw of Sex and the City might say, “It all depends on the shoes.” When to wear running shoes and quickly flee. If the only reason you are even considering hiring an employee is to capture a competitor’s customers—and the prospective employee has a noncompete or nonsolicitation clause—put on your running shoes and run from the deal. This is particularly true where the employee offers to bring confidential customer lists or information to the new job. When to wear combat boots and fight. If the prospective employee did not have knowledge, ability or specialized skills which would make it difficult for the prior employer to find a substitute Insurance & Financial Advisor | IFAwebnews.com should adopt policies which indicate that the misuse of another’s trade secrets will not be condoned. Where appropriate, employers should ensure that this policy is set forth in an employee handbook and mentioned in offer letters to new employees. When to wear new shoes. If an employer hires a new employee whose activities are limited by a nonsolicitation clause, the employer should consider maintaining a data trail relating to the new employee’s sales efforts. In this way, the employer can show that the new employee’s sales success is related to hard work and ability rather than theft of the prior employer’s trade secrets. Bottom line, an employer needs to check for restrictive agreements, must consider how such agreements restrict new hires, and determine whether the potential new employee is worth the hiring risk. Without such consideration an employer may just be waiting for the another shoe to drop. about the author: Patricia McHugh Lambert is a principal and chair of the Insurance and Financial Litigation Practice Group of the Maryland law firm of Hodes, Pessin & Katz. The firm has offices throughout the state. Contact Lambert at 410-938-8800, by email at plambert@hpklegal.com, or the firm’s Web site, www.hpklegal.com September 2008 NEWPRODUCTS Insurance & Financial Advisor | IFAwebnews.com Small businesses can get pollution liability product AIG Small Business, a unit of AIG Commercial Insurance, announced the availability of Contractors Pollution Liability Insurance designed specifically for the needs of contractors with revenues under $10 million. Property/ Casualty The product provides legal liability coverage for bodily injury, property damage and environmental damage resulting from covered operations at a job site, whether performed by the contractor or a subcontractor. CPL has a minimum deductible of $2,500 and limits from $300,000. Company eyes new hearing health plans Health Insurance Ameritas Group, known for dental and eye care coverage, announced its entry into a new benefits area with SoundCare hearing health plans. Bowie man sentenced for comp fraud Cable installer received 17 years of living expenses in workers’ comp. fraud case A Bowie man was sentenced to six months in prison and ordered to pay $32,311 in restitution after pleading guilty to workers’ compensation fraud. The prison term will be followed by four months of home confinement and three years of supervised release for Joseph Mustafa, 41, a temporary cable installer for the U.S. Senate, hired in February 1989. He suffered a left leg injury about one month later. His monthly benefits check then paid his living expenses for almost 17 full years, records show. From April 1989 until February 2006, Mustafa reportedly received $220,608 in disability compensation benefits from the Department of Labor’s Office of Workers’ Compensation Programs. However, by 1995, investigators discovered that Mustafa was apparently well enough to begin racing cars at racetracks across the mid-Atlantic region to supplement his unemployment compensation benefits. Beginning in January 2004, Mustafa reportedly worked for Code 3 Security, which paid him more than $40,000 before terminating him in June 2005. Thereafter, Mustafa created a company called APS Security, which paid him $29,087 in 2005 and $85,573 in 2006. Mustafa did not report these earnings to the workers’ compensation program. IFA Benefits cover hearing exams, hearing aids and hearing aid maintenance. Qualifying employer groups may select stand-alone SountCare or tie the coverage to dental or medical benefits, the company said. “The same technology explosion that delivered useful and fun devices like MP3 players, cell phone earpieces and gaming headsets is having an unwelcome side effect: hearing damages at ages younger than anyone ever imagined,” said Ameritas Group president Ken VanCleave, who added that the company created SoundCare to answer this growing and largely unmet need. Tools to build Hispanic business introduced Progressive announced that it is rolling out a suite of informational and cobranded Hispanic advertising materials exclusively for its agents. The package of materials is intended to be “culturally relevant and meaningful” for the Hispanic demographic, according to Jonathan Klein, Hispanic marketing manager for the company. Property/ Casualty The package includes a Spanish-language welcome kit for agents to hand out to new customers; bilingual educational materials including an auto insurance basics brochure; and agency marketing materials, including a Spanish-language referral card. New software helps clients document property Collectify LLC released its new Collectify Home Inventory Edition software, a tool intended to increase customer satisfaction and prevent claims problems by helping clients document their home and possessions, according to the company. Property/ Casualty The product allows agents to accept clients’ inventory data in PDF or spreadsheet form, making it easily accessible at the time of a claim, the company said. Collectify is offering the product to independent agents at a special volume price. New insurance-to-value product introduced The Hartford Steam Boiler Inspection and Insurance Co. introduced a new insurance-to-value service to help insurers address inadequate valuations for business personal property and building that cost insurers millions and put policyholders at risk. Property/ Casualty HSB InSight allows insurers to determine appropriate value ranges for either an entire book of business or for individual buildings. It identifies where business personal property and real property valuations are below or more than an established range of acceptability and permits a company to track the ITV performance over time, according to the company. HSB InSight also helps carriers and agents protect policyholders and ensure their insurance limits will be sufficient when major loss occurs. For the latest New Products go to IFAwebnews.com. Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 9 Agents gain access to group products DONEDEALS Harleysville agents in Maryland now have access to Kelly’s administrative services Harleysville Life Insurance Co. formed a new strategic partnership with Kelly & Associates Insurance Group that will enable Harleysville’s agencies in Maryland to access the insurance company’s group insurance plans in conjunction with the professional administrative services provided by the Hunt Valley, Md.-based insurance brokerage. Through this partnership, agencies can help their clients tap into a wide range of group products, Harleysville officials said. Harleysville Life, established in 1960, offers group term life, and short- and long-term disability plans through con- tracted independent agencies. KELLY, founded in 1976, is one of the largest group insurance third-party administrators in the Mid-Atlantic region. Together, Harleysville Life, based in Harleysville, Pa., and KELLY, led by its president and CEO Francis X. Kelly III, offer Maryland agencies the ability to combine Harleysville Life plans with other lines of group benefits Francis X. Kelly III through one bill and a single enrollment process. IFA Insurance & Financial Advisor | IFAwebnews.com Fiserv sells majority interest in insurance business Fiserv Inc., a provider of information technology services to the insurance and financial industries, has sold a 51% share in its insurance business to Trident IV, a private equity fund managed by Stone Point Capital LLC. Life Insurance Trident will invest $205 million in equity and $335 million in debt to acquire the majority interest in Fiserv’s insurance business, Fiserv said. Fiserv expects to receive $510 million in net after-tax proceeds and to retain a 49% equity interest in Fiserv Insurance Solutions. The transaction includes nearly all aspects of the company’s insurance segment. The current management team and employee base will continue with the company, which will be known as Fiserv Insurance Solutions Inc., according to Fiserv. OneBeacon acquires EBI Insurance Services // REGULATION Deadline looms for agents who want to sell LTCI in Maryland Maryland requires that producers who sell long-term care insurance in Maryland must fulfill a new training requirement by Sept. 10. This requirement is effective immediately for newly licensed producers who want to sell long-term care insurance and those adding the line of authority. The new training requirement, which OneBeacon Insurance Group signed an agreement to acquire Entertainment Brokers International Insurance Services, a national managing agency specializing in the entertainment, sports and leisure industries. Property/ Casualty is separate from the continuing education requirement already in place, requires producers to complete a one-time, eight-hour course. The Maryland Insurance Administration adopted the regulation on Sept. 10. The Insurance Agents & Brokers of Maryland will offer four two-hour, Webbased training programs on LTCi. IFA EBI provides commercial insurance products from its locations in Los Angeles, Calif., and New York City, N.Y. The company also provides excess workers’ compensation coverages as a wholesaler from its Westlake Village, Calif., office. EBI will continue to operate as a managing agency with a network of 500 independent agents and brokers, according to OneBeacon. OneBeacon’s agency partners will have access to EBI’s products, and most business produced by EBI will convert to OneBeacon upon renewal, the company said. CIGNA teams with Marsh on packages The Strength To Weather Any Storm. The Power To Provide Brighter Solutions. CIGNA and Marsh ConsumerConnexions joined forces to provide employers with a package intended to ease the financial and administrative burden of providing retiree benefits. Retiree Benefits Retirees can be difficult to reach as they may not use the Internet and may have relocated after retirement, the companies said. Marsh starts managing the communication as an employee retires, providing toll-free telephone access as well as web capabilities for enrollment, billing and payment, changes to personal information and general questions, the companies said. UHC patients get Beijing Olympic spirit UnitedHealth International teamed up with International SOS, a worldwide provider of medical and security assistance services and international healthcare. The joint venture is designed to provide assistance to UnitedHealthcare customers needing access to health care while attending the Olympic games in Beijing. Health Insurance Individuals with UnitedHealthcare health insurance will have access to emergency and routine medical care; medical monitoring and outpatient case management; assistance with documentation for insurance claim forms; and medical and dental referrals. These assistance services are available at no charge to UnitedHealthcare policyholders and are available through Sept. 15. Alan Jay Kaufman Chairman, President & CEO Carriers align to help ‘Home Edition’ family BB&T Insurance Services and The Hanover Insurance Group will work together to offer insurance advice and one-year of homeowners insurance coverage to the King family of Charlotte, which recently was granted a home makeover by "Extreme Makeover: Home Edition." Property/ Casualty At Burns & Wilcox, we believe strong leadership ensures a bright future. With Alan Kaufman’s vision, we’ve grown into North America’s largest and most capable specialty insurance wholesaler. If you want a company with the foresight to stay ahead of the storm, turn to the professionals with the speed, intelligence and agility to get the job done — the specialists at Burns & Wilcox. Baltimore, Maryland The Charlotte, N.C., episode will air this fall on ABC and promote both companies. 410.567.8120 fax 410.540.9140 baltimore.burnsandwilcox.com 10 | Maryland / Washington D.C. Insurance & Financial Advisor For the latest Done Deals, go to IFAwebnews.com. | IFAwebnews.com September 2008 WE’RE REVOLUTIONIZING HEALTH CARE AGAIN OUR NEW EXPANDED PRODUCT PORTFOLIO WILL CHANGE EVERYTHING YOU THINK ABOUT KAISER PERMANENTE. It’s time to look at Kaiser Permanente again and discover our medical records 24/7. A new, integrated Health Risk Assessment new levels of convenience and flexibility. Our HMO now features tool will notify members and their physicians of possible new provider networks, a PPO network option, a POS plan health issues. Call Patrick Durbin at (301) 816-6509 or Rob design, and high-deductible and health savings account Tidgewell at (703) 208-6295. products. In addition, only Kaiser Permanente enhances the doctor-patient relationship with the combination of an electronic medical record and an online personal health record. Members can e-mail their doctor’s office or pharmacist, check lab results, manage appointments, and view portions of their kpnewchoices.org Maryland / Washington D.C. Take a quick healthy business survey and we’ll send you a complimentary electronic jump rope! Go to kpnewchoices.org to begin. Priority code: thrive4 Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. 2101 East Jefferson Street, Rockville, MD 20852 Insurance & Financial Advisor | IFAwebnews.com 08075 5/08 - 12/08 September 2008 | 11 // HEALTH INSURANCE EBCA has general agency deal with UnitedHealthcare Employee Benefits Corp. of America or EBCA has been signed as a general agency of UnitedHealthcare. Mark Khatib, president of the McLean, Va.-based brokerage, said the new deal allows EBCA to provide products and services for groups of 2-50 eligible employees through Mark Khatib UnitedHealthcare. EBCA, which serves Northern Virginia and the Washington, D.C. metropolitan area, has general agency deals with nu- merous health insurers and has worked to add UnitedHealthcare to the list for some time, Khatib said. Through the partnership, EBCA can now offer its clients new plans and product designs. The deal is one of many general agency arrangements with UnitedHealthcare, made possible by its decision in fall 2006 to abandon its direct sales model in the region. Mid Atlantic Medical Services Inc. or MAMSI, a Rockville, Md.-based health insurer that merged with UnitedHealthcare for $2.4 billion in February 2004, had used its own brokers to sell its products. IFA PSA looks for north, south expansion after acquisition Maryland-based firm buys Baltimore office of employee retirement company By Todd Karpovich Hunt Valley, Md.-based PSA Insurance & Financial Services, which offers property-casualty insurance, employee benefits, and retirement services, continued its expansion with a deal to buy PSA now has set its sights on Washington and Southern Pennsylvania for further growth. // RECOGNITION CareFirst claims ‘Best of Blue’ awards for customer service CareFirst BlueCross BlueShield was recently recognized as a “Best of Blue” insurer by the Blue Cross and Blue Shield Association, which is headquartered in Chicago with offices in Washington, D.C. The company’s National Capital Area plan was rated 10th out of 59 Federal Employee Program Blues plans nationwide and its Maryland affiliate was rated fifth, the company said. This is the 11th consecutive year that CareFirst’s National Capital Area plan received the “Best of Blue” award, which is given for providing excellent customer service. CareFirst was recognized in both arears for overall plan excellence; claims processing; customer service; maintaining low operational and administrative costs; and increasing FEP membership. IFA PSA has not set a limit on how much it wishes to expand. “We have not targeted a certain number of employees that we are working toward or number of offices we plan to open,” Hoffman said. “Rather, we are an opportunistic firm that constantly surveys the market. We believe we are perfectly positioned for further growth, with the Baltimore office of Alliance Benefit Group Mid-Atlantic, which specializes in employee retirement programs. PSA has set its sights on Washington, D.C., and Southern Pennsylvania as possible areas for further growth, company officials said. The deal with ABG fits into the PSA’s three strategic initiatives: retention of existing customers, developing new customers, and mergers and acquisitions, company officials said. “Our business will extend to other markets via a ‘hub and spoke’ structure, where the hub will be our Hunt Valley headquarters,” said Justin Hoffman, marketing manager for PSA Financial. The company recently moved from Lutherville to the new headquarters. Adding 20 employees With the most recent deal PSA will add ABG’s 20 Baltimore employees, bringing its overall staff to 180. The deal also allows PSA to add ABG’s book of business, which includes large companies with up to $50 million in retirement plan assets and serve companies with traditional pension funds. Financial terms were not disclosed. expert knowledge, critical mass, and systems infrastructure in every area where we operate,” Kushlis said. ‘Absolutely interested’ in growth “We are always interested in talking to firms and individuals that are looking to join a market leader like PSA. If a deal makes sense for our company, employees and clients we’re absolutely interested in further growth,” he said. Ed Kushlis, PSA senior vice president of new business development, said prior to the ABG deal, PSA’s retirement planning services focused on the small-tomedium business market. Last year, PSA acquired RSM McGladrey Insurance Services, an employee benefits firm, and formed Construction Risk Management, which boosted its presence in the construction industry. ABG has been selling off some of its assets. Benefit Plans Administrative Services Inc., a subsidiary of Community Bank System, Inc., bought the Philadelphia division of ABG MidAtlantic from BenefitStreet earlier this month. IFA // CRIMINAL CASE Owings Mills man pleads guilty to arson for insurance funds An Owings Mills man pleaded guilty to having someone start a fire at his home to collect insurance money and now faces seven years in prison, according to federal authorities. Keith T. McMahon, 41, admitted to investigators that in mid-January, he offered someone $10,000 to burn down his home on Caves Road in Reisterstown, Md. On Jan. 29, McMahon met the same person, not named by prosecutors, at his 12 | Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com house and asked him to “burn the house to the ground,” court records show. The other person set fire to the house. McMahon then filed an insurance claim for the damage to his house and property, and received money and benefits from the unnamed insurance company. McMahon was reportedly having financial difficulties and was behind on the mortgage payments for his home, where he also had an office. IFA September 2008 Lower premiums. Healthier bottom line. COMPANYNEWS Starmark Healthy Incentives Self-funded health plans for Maryland groups with three to 50 employees Lower premiums than traditional health insurance Limited liability through stop-loss insurance Strong network access, including Aetna Signature AdministratorsSM (ASA) PPO Network Insurance & Financial Advisor | IFAwebnews.com BISYS Specialty Programs changes name BISYS Specialty Programs, a division of BISYS Commercial Insurance Services, changed its name to Five Star Specialty Programs, a division of Crump Insurance Services Inc. The change is part of the consolidation with Crump Insurance Services that was announced in August 2007. Name Change The Five Star name was chosen because of the company’s commitment to providing “five star service” to clients, according to the company. The name was also a nod to the organization’s legacy, as Five Star Managers was the original name of its professional liability programs. The re-branding campaign includes advertising and a new Web site, the company said. UnitedHealthcare’s structure changed Want to learn more? View the online Healthy Incentives video and contact Tim Cremin today! Video: www.starmarkinc.com/starmark/media/healthy_incentives_video.html * i\ÊÇä{°xx{°{{£ÊUÊ>\ÊÌ°VÀiJÌÀÕÃÌ>ÀðV MBS is a Trustmark company that specializes in the sale of Starmark small group health plans. Plans administered by Starmark are fully insured by Trustmark Life Insurance Company, Lake Forest, IL. Plan availability and/or coverage may vary by state. S66908-HI02 UnitedHealth Group announced changes at UnitedHealthcare designed to create a unified full-service brand for all of the company’s commercial benefits businesses and simplify how it communicates and interacts with customers, physicians and other care providers. The changes are part of the company’s overall strategy to improve the operating performance of its key businesses, according to UnitedHealth Group. Health Insurance Something to think about. UnitedHealthcare will become the brand and organization serving all commercial benefits markets, including national accounts previously under the Uniprise brand; it will also serve the health benefit needs of large governmental employers and their employees, as well as student communities, according to the company. Progressive offers new insurance program in N.J. Progressive recently announced an optional car insurance program for New Jersey drivers offering lower rates on vehicles that are driven in less risky ways. MyRate gives drivers a customized rate based on how, how much and when their car is driven. Auto Insurance The IROQUOIS Group ® Drivers who choose to sign up for the program receive a small wireless device that plugs into a port in their car, allowing Progressive to see the way, when and how often the car is being driven. For commercial and personal insurance, Iroquois Mid-Atlantic, may provide the solution to your needs. Why consider joining Iroquois? The company said it started the program because “how you drive should affect what you pay.” Here’s what you will get: Direct access to additional carriers* Lower volume commitments Competitive commission rates Profit sharing opportunities Discounts on agency-related products and services Access to large commerical products and specialty markets Nationwide receives award from IMCA Nationwide Financial Services Inc. won “Best in Show” for its Sevolution campaign at the 2008 Insurance Marketing Communications Association Showcase competition and awards gala. The campaign won the award in the Producer/Agent Marketing Sales Promotion category. Financial Services The Sevolution campaign was designed to promote enhancements to the Nationwide Lifetime Income Rider, a variable annuity living benefit. As an Iroquois Member Agent you won’t get: Initiation fees Interference with current direct contracts Restrictions on using outside markets A loss of equity in your agency More than 325 entries from 60 companies were submitted to the IMCA competition. Humana enhancing services to Spanish-speaking Humana Inc. enhanced service to its Spanish-speaking members by launching its Interactive Voice Response Systems, an automated telephone technology that allows a computer to interact with members through pre-recorded voice responses, to gather and provide information and to route calls to further resources including live customer service representatives. More than 1,500 independent agents in 35 states have discovered the benefits of Iroquois membership. For more information, contact Matt Ward at 804-320-6984 or email him at mward@iroquoisgroup.com. You may also visit our website at www.iroqma.com. Health Insurance *subject to individual company approval The Spanish-speaking interactive voice response systems were enhanced to facilitate communication with Spanish-speaking Humana health plan members, who will now be able to more efficiently request new identification cards, get a proof of insurance fax or make a health savings account withdrawal, according to Humana. IROQUOIS Mid-Atlantic Creating Productive Agency-Carrier Relationships for over 25 Years. For the latest Company News, go to IFAwebnews.com. Maryland / Washington D.C. Insurance & Financial Advisor ® | IFAwebnews.com September 2008 | 13 MIA nabs agent on same error twice Fine of $1,000 levied against Fulton man after prior fine of $500 for same violation A Maryland insurance producer was recently fined $1,000 for committing an offense again that he had been fined for eight months before, the Maryland Insurance Administration recently reported. Kenneth W. Lee,of Fulton, Md., was ordered to pay $500 on Sept. 28, 2007, after an MIA investigation into a consumer’s complaint revealed that he incorrectly reflected the signing location on a life insurance policy application as Washington, D.C. The form was actually signed in Maryland. The MIA also reported that the Allianz Life Insurance Co. of North America application in this matter was not approved for use in Maryland. On Nov. 2, 2007, the mother of the consumer in the original case against Lee alleged three Allianz policies reflected errors. The MIA said the three applications incorrectly reflected the signing location as Washington, D.C., not Maryland. In addition, the three applications were not approved for sale in Maryland, according to the MIA. Based on the results of the investigation, the MIA concluded that Lee knew, or should have known, that the incorrect signing location was recorded on applications that were not approved for use in Maryland, records show. LEGALBRIEFS Insurance & Financial Advisor | IFAwebnews.com Medical organizations forced to arbitrate, not sue A number of Kansas City, Mo., medical organizations that wanted to sue United Healthcare Services and BlueCross BlueShield of Kansas City for alleged price fixing were thwarted recently after a Missouri appeals court reversed a decision to allow them to bypass arbitration, according to written reports. Health Insurance The organizations each had contracts with either BCBSKC or United Healthcare Services, an affiliate of UnitedHealthcare, which operates in the mid-Atlantic region. The contracts set reimbursement rates that the insurers would pay for the medical organizations’ services, and also contained arbitration agreements, reports said. In a lawsuit filed in a Missouri circuit court, the organizations alleged that the insurers had taken part in a monopoly, which violated the state’s antitrust laws, and fixed prices to keep reimbursement rates low, according to reports. The insurers requested that the Circuit Court judge order arbitration, but were denied. The decision was reversed after appeal. The appeals court cited the arbitration agreements in the companies’ contracts in their decision, according to reports. Big BUSINESS • AUTO • HOME • SURETY Amerigroup to settle discrimination case Virginia-based Amerigroup Corp. recently agreed in principle to settle a lawsuit for $234 million, according to reports. The suit was brought against the insurance company for alleged discrimination against high-risk patients, including pregnant women, by its Illinois health plan, reports said. Property/ Casualty Breakthroughs Under the terms of the proposed settlement, the company will pay $225 million to the United States and the state of Illinois, plus approximately $9 million in legal fees, and will not admit any wrongdoing. A jury found that the company passed over pregnant women and other high-risk patients at the same time that it was receiving Medicaid money from the Illinois Department of Public Aid meant to ensure that these same patients received services, according to written reports. We firmly believe that the easier we make it to do business with us, the more our agents will be likely to write business with us. Real-time quoting and user-friendly systems for easier agency workflow. 24/7 online claims reporting for policyholders. Local people-presence and in-agency support. These are just some of the ways we break through the maze of automation to support our agents and their customers. HCC Insurance settles stock options complaint HCC Insurance Holdings Inc. recently reported that it reached a settlement with the U.S. Securities and Exchange Commission over its stock option granting practices. Securities Case HCC said it consented to a permanent injunction against future violations of the reporting, books and records and internal controls provisions of the federal securities laws. The settlement resolves an SEC investigation into the company’s historical stock option granting practices. The company said it neither admitted not denied the allegations contained in the SEC’s complaint. What do you expect from your insurance carrier? Court upholds $16M bad-faith suit against Allstate The Missouri Court of Appeals recently upheld a bad-faith jury verdict against Allstate that consists of more than $16 million in damages, according to reports. The suit was filed following a car accident that resulted from drunken driver that crossed a center line and collided head-on with another vehicle. The drunken driver, Wayne Davis Jr., and a husband and wife, Edward and Virginia Johnson, in the other vehicle survived but suffered life-threatening injuries. Each was hospitalized for more than one month and their combined hospital bills were $320,000, reports said. Property/ Casualty Although the couple offered to settle for the drunk driver’s insurance policy limits of $50,000, Davis’ carrier, Allstate Insurance Co., reportedly did not respond until six months later, a violation of Missouri's statutory 60-day limit, attorneys said. The Johnsons’ eventually reached a settlement with Davis, who admitted that he was drunk and consented to $2.5 million in damages and $1.5 million in punitive damages, and more than $1 million in prejudgment interest. The Johnsons agreed not to try to recover the judgment from Davis. Instead, they sued Allstate jointly with Davis to recover 90% of what they won in the trial against Allstate, which happened in 2005. Become a Penn National Insurance agent. Go to www.PennNationalInsurance.com to find out if your agency is our ideal candidate. 14 | Maryland / Washington D.C. Insurance & Financial Advisor For the latest Legal News, go to IFAwebnews.com. | IFAwebnews.com September 2008 State-run health program’s growth causes no pain to agents Maryland Health Insurance Plan appears to appeal to people who have been declined by at least one private carrier By Todd Karpovich The increase in people who are gaining coverage through the Maryland Health Insurance Plan has not cost agents business, a board member of MHIP who represents agents and brokers on the health plan’s board said. Enrollment in the plan, which is a state administered health insurance program for Maryland residents who do not have access to health insurance, rose to almost 15,000 after having just more than 6,000 two years ago, according to reports. The state reportedly has boosted funding for the program to meet the increase in membership, increasing its commitment to $107 million this year, compared to $81 million in 2007. pact on the agent community with the increased members in the state-run program. Oldfield said the increase in the The increase in MHIP enrollment and finding more coverage of the uninsured falls in line with Gov. Martin People enrolled in MHIP rose from 6,000 two years ago to 15,000 this year. No negative impact Bethany Oldfield, who works with Insurance Solutions in Annapolis and represents agents and producers on the MHIP board, has not seen a negative im- // The four facets of MHIP When Maryland residents enroll in the Maryland Health Insurance Program, they have a choice of one of four plan benefit options: program is indicative of more consumers seeking individual coverage. “Most of the people I have worked with that have gone to MHIP have been declined with an individual policy,” Oldfield said. “So you’re working with them twice. You have to go to the commercial market first, be declined, and then go through the MHIP program. You have to explain to them how it all works.” • An HMO plan from CareFirst BluesChoice Increased demand • A PPO plan from CareFirst Blue Preferred with $500 medical deductible MHIP’s main phone number was not taking phone calls because all lines were busy for several weeks. Oldfield said one of the challenges is balancing the program’s budget with the increased demand and determining the best course of action with plan design. • A PPO plan from CareFirst Blue Preferred with $1,000 medical deductible • A high-deductible health plan with $2,600 combined medical and pharmacy deductible Source: Maryland Health Insurance Plan O’Malley’s pledge to find ways for the state to provide more access to health care. New legislation already took effect in Maryland that expands medical coverage to more than 100,000 uninsured has helped the state move up 23 spots among all states that help provide access to care, O’Malley said. Prior to that legislation, Maryland had almost 800,000 residents who were uninsured, and was ranked 44th in providing healthcare for parents through Medicaid. As a result of the new legislation, Maryland has moved up to the 21st position, which O’Malley said helps the state become one of the least restrictive states in providing health care to adults and children. IFA Guiding you in the right direction for group ancillary benefits insurance. Eastern Life & Health takes a fresh outlook on dental, short- and long-term disability, and term life insurance, leading to better outcomes for our clients and their employees. If you're looking for group ancillary benefits insurance, set your course on Eastern. For more information visit www.elhins.com or call 1.888.654.7100 to speak with an Eastern Life & Health group sales representative today. Eastern Life & Health Insurance Co. Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 15 PeopleNews Insurance & Financial Advisor Seeking balance next quarter? The National Alliance for Insurance Education & Research gave Kim Martin the Outstanding CSR of the Year Award for Maryland. Martin has been associated with the Avery Hall Insurance Group in Salisbury, Md., since 1999. Richard Dannenberg and Tim Hogan joined the Baltimore office of Boyden, an executive search firm that recently expanded into the insurance sector. Dannenberg specializes in actuarial, finance and risk management, and was named as a managing director. Hogan brings insurance sector and human resources functional experience and joined as a principal and senior member of the firm’s insurance practice. If your end of year advertising balance includes unspent funds, odds are, next year’s scale won’t tip your way. Use it or lose it. The 4th Quarter is approaching and there is no better way to invest your remaining marketing dollars than targeting local agents and brokers. IFA penetrates the local agent community deeper than any other branding campaign. Period. Find Balance. Call Sharon Schafer for special incentives & packages, 410-667-0864 Gary Waldych Meagan Krause Kohut Atlantic/Smith, Cropper & Deeley Insurance Brokers, based in Willards, Md., announced Gary Waldych as the top producer for June. Waldych specializes in commercial lines insurance. Also, Meagan Krause Kohut also received special recognition for her June production. Kohut is an account executive and joined A/SCD in 2007. Roger Diehl was elected president of the National Association of Insurance and Financial AdvisorsMaryland. Diehl has been a member of NAIFA for almost 30 years. Roger Diehl Gail Bartlebaugh and Karen Moore joined American Insurance in Fallston, Md. Bartlebaugh and Moore previously worked for McCool Insurance in Elkton, Md. Jill A. Hudock was hired by BottomLine Growth Strategies as CFO Advisor. Hudock previously worked as chief financial officer and executive vice president of a multi-services health care company. UnitedHealthcare, a division of UnitedHealth Group, appointed Jeff Lucht as senior vice president. Lucht previously worked for Aetna for more than 20 years, where he served most recently as president of national accounts for the company’s Mid-Atlantic region. Send Your News • The easiest way to submit events is online: Brett S. Lininger joined the law firm of Semmes, Bowen & Semmes in Baltimore, Md. Lininger is a lobbyist for the Independent Insurance Agents of Maryland. Phone: 410.667.0864 Fax: 410.667.7977 Email: edit2@IFAwebnews.com // NEW PRODUCT Brett S. Lininger Karen Moore and Gail Bartlebaugh were hired as agents by American Insurance in Baltimore, Md. Prior to joining American Insurance, both worked for McCool Insurance Agency. Jeffrey Embow has joined Towson, Md.based Riggs, Counselman, Michaels & Downes as a sales account executive with the insurance brokerage’s financial sales department. Embow will work with clients in both Maryland and Pennsylvania. 16 | Maryland / Washington D.C. Alok Gupta was selected by CareFirst BlueCross BlueShield as senior vice president and chief information officer. Previously, Gupta was vice president and global head for Siemens Healthcare’s computer-aided diagnosis & knowledge solutions business. Insurance & Financial Advisor | IFAwebnews.com IWIF forms program for builders in Southern Md. IWIF Workers’ Compensation Insurance has created a program for members of the Maryland-National Capital Building Industry Association. The program offers members a 5% discount on IWIF standard premium rates and promotes workplace safety. The organization serves builders and developers in Calvert, Charles, Montgomery, Prince George’s and St. Mary’s counties and Washington, D.C. IFA September 2008 PIA sounds the alarm on possible federal overthrow ‘Innocuous-sounding’ bill in Washington could open door to federal regulation of insurance, trade group suggests By Todd Karpovich A group of insurance agents is accusing lawmakers of trying to use an “innocuous-sounding” proposal to develop an insurance information office to actually take over the regulation of the insurance industry. Despite protests, there is growing momentum on Capitol Hill for an optional federal charter. However, legislators could not complete the task before the annual August recess. The Insurance Information Act of 2008 (H.R. 5840) was introduced earlier this year and seeks to create an agency for insurance information for members of Congress and the White House. However, as the drafting process for the bill proceeded, the Treasury Secretary’s powers were expanded, giving him authority to preempt state insurance laws, regulations and practices, not only when he says they conflict with international agreements, but also when he says they conflict with “national insurance policy” as set by the Treasury Department, according to officials with the National Association of Professional Insurance Agents. Markets Subcommittee approved H.R. 5840, the group said the bill had been transformed into legislation that would enable a federal takeover of most insurance regulation. “This is no longer a bill that is only about creating an insurance information office,” said PIA National President-elect Kenneth R. Auerbach. “The current version of this bill would effectively lay open to review and approval by the Secretary of the Treasury the laws and practices of all 55 United States jurisdictions in most matters relating to insurance.” IFA // What’s at stake with reform • Under a House of Representative’s proposal (H.R. 5840) the treasury secretary is granted new powers to regulate insurance nationally and locally. • The secretary becomes the principal federal authority for domestic and international insurance issues of national interest. • As part of that imprimatur, the secretary is given the power to determine which state laws, regulations and industry practices will be preempted. • The law would effectively gut the McCarran-Ferguson Act of 1945 and the GrammLeach-Bliley Act of 1999, which establish and affirm that the states are the regulators of the business of insurance. ‘Misleading bill’ “This bill has been misleading from the outset,” said Robert Page, the PIA’s national president. “The title of the bill is a misnomer and the rhetoric of its supporters is designed to conceal what is really going on here. This piece of legislation is part of a coordinated push by advocates of federal insurance regulation to sweep away opposition and advance their agenda in a disingenuous manner.” As the PIA officially protested the evolution of the bill, a group of industry leaders testified on Capitol Hill about the need for a federally regulated insurance system. They say the current structure is not conducive for overseas companies to develop business in the United States. It also hurts consumers because foreign companies are at a disadvantage when trying to market products. Congress already acting The PIA said steps have already been taken to give the federal government more power over insurance. By the time that the House Capital Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 17 HSAFocus By Kirk Hoewisch Agents can plan now for retirees’ medical costs The potential drain that future medical costs could have on your clients’ retirement funds is a rapidly growing concern. Are agents equipped with the necessary financial products to plan for the medical costs their clients will have throughout their retirement? A health savings account, or HSA, can eliminate that drain for their clients, while opening a revenue stream for the agent who sells it. HSAs were created by the Medicare Act of 2003 as a way for consumers to take control of their health care expenses. The HSA concept consists of two clients to invest their HSA funds. The benefit to agents for offering the HSA product is additional assets to the portfolios they manage and a deeper relationship with their clients. Agents may earn commissions on the annual investment their clients make through their HSAs. The annual investment can be as HSAs offer one way to eliminate the drain for clients while opening an agent revenue stream. parts: the HSA-compatible health plan and the tax-favored HSA. The tax savings occur: 1) when contributions are made, 2) as the funds earn interest, and 3) when funds are used for qualified medical expenses. After the account holder turns 65, HSA funds can also be withdrawn for non-qualified expenses at their ordinary tax rate, without penalty. Fully portable In addition to the tax-favored treatment, HSAs are owned by the individual and therefore 100% portable. Any unused funds accumulate in the account from year to year. These unique advantages have made the HSA the star of the consumerdirected health care movement. HSA administrators have experienced substantial growth in HSA balances. In a March 2008 report from Inside ConsumerDirected Care, the estimated assets held in HSAs totaled $3.2 billion. HSA balances are projected to accelerate in the coming years, topping $200 billion by 2012, according to a report released by Celent. As more people continue to accumulate funds in their HSAs, many are looking to invest their funds, much as they would with an IRA or 401(k). An agent’s expertise in this area can provide additional benefits to their clients with an HSA as the agent guides their 18 | Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com much as the contribution limit determined by the IRS. The contribution limit for 2008 is $2,900 for single coverage and $5,800 for family coverage. In 2009, those limits will increase to $3,000 and $5,950, respectively. Additional “catch-up” contributions can be made in the amount of $900 in 2008 or $1,000 in 2009, by individuals that are 55 years-old or older. Double-digit increases predicted Agents will be assisting your clients to plan for their future out-of-pocket medical costs and helping them accumulate the necessary assets to pay for them. These costs are currently growing by doubledigit percentages each year; in fact, the Center for Retirement Research determined that a person retiring in 2030 at the age of 65 will need nearly $190,000 for future out-of-pocket health care expenses. A couple will need more than $375,000. By adding HSAs to an agent’s product offering, he or she will help clients plan for these future medical costs and help them protect their retirement assets, which will assist them in maintaining a higher standard of living throughout their retirement. about the author: Kirk Hoewisch has led HSA Bank’s initiative to offer Medical Savings Accounts (the predecessor to Health Savings Accounts) on a national scale since 1997. He can be reached at 866-357-5232 or businessrelations@hsabank.com. September 2008 No health plan, no retirement plan associationnews A recent study found a wide gap between the savings employees need to maintain their standard of living in retirement and the amount of money employers are providing. The study also found that employersubsidized retiree health care coverage has a dramatic impact on an employee’s ability to achieve adequate retirement savings levels. “For many employees, access to employer-sponsored retiree health care is a key factor in determining whether they can afford to retire,” said Alison Borland, defined contribution consulting practice leader at Hewitt Associates, which sponsored the study. “Medical inflation and declining employer subsidies for retiree health benefits can quickly erode the retirement income level generated by 401(k) and pension plans.” When factoring in inflation and increases in medical costs, Hewitt, a human resources consulting and outsourcing company, predicted that employees will need to replace, on average, 126% of their final pay at retirement. The company projected that employees will, on average, replace just 85% of their income in retirement—41% less than Hewitt predicted they will need. The study of nearly 2 million employees at 72 U.S. companies, found that fewer than one in five employees will be able to meet 100% of their estimated needs in retirement. IFA Tegeler wins Coates Memorial Award Harvey Tegeler, co-owner of Interstate Financial Services, Inc. in Westminster was recently awarded the John Hancock Financial Dan Coates Memorial Award for the fourth consecutive year. Pictured (from left) are Tegeler with John Hancock Regional Vice President Chip Saltz as he presents the award at the NAIFA-Carroll/Howard educational seminar on variable annuity suitability. Tegeler serves as professional development chair for the association. Send photos of your company events and happenings: edit@IFAwebnews.com Severance: Former CEO files $18M suit From page 1 pensation at CareFirst to that which is “fair and reasonable . . . for work actually performed for the benefit of” CareFirst. However, attorneys for Jews argued in the latest filing that since Jews’ contract was negotiated in 1998, it does not fall under Maryland statutes adopted in 2003 that outlined the William L. Jews definition of “fair and reasonable.” Owings Mills, Md.-based CareFirst is not part of the latest lawsuit. “CareFirst has not appealed the MIA's decision and we do not comment on pending litigation,” CareFirst spokesman Kevin Kane said in a statement. Officials with the Maryland Insurance Administration are confident Tyler’s ruling will stand. “The MIA does not believe this suit has merit, and we expect the commissioner’s decision to be upheld,” MIA spokeswoman Karen Barrow said. Over a series of hearings before Tyler, a pair of executive compensation consultants, two former insurance commisMaryland / Washington D.C. sioners and a member of CareFirst’s executive compensation committee each testified that Jews’ severance package was fair. Kenneth R. Stanton, an insurance expert at the University of Baltimore, said in an interview with Insurance & Financial Advisor after the order was issued that it was “highly unusual for a regulator to step in and alter the terms of an agreement ex post.” “However, it also appears that the essence of the thing is in the interpretation of ‘fair and reasonable,’ which again, seems to me to be something belonging in the court system, not in the hands of a regulator. I am not aware of any precedent for this kind of activity,” he added. Jews left CareFirst in November 2006 after 13 years of leading the state’s largest health insurer. He was heavily criticized for trying to convert CareFirst into a private company so it could be sold for $1.3 billion. Jews reportedly would have made $39 million if the sale were completed. Tyler released a 65-page statement explaining why CareFirst’s proposed payment of nearly $18 million was unlawful and why a payment half that amount was appropriate. IFA Insurance & Financial Advisor | IFAwebnews.com September 2008 | 19 // NEW PRODUCT On the Hill New District coverage extends to services in the home Fireman’s Fund Insurance Co. is offering homeowners in Washington, D.C. new coverage that protects against the breakdown of mechanical equipment used to provide services in the home. Equipment includes central air conditioning systems, heating equipment and heat pumps, ventilating systems, boilers and hot water heaters. In addition, equipment extends to emergency generators, well pumps, filtration systems for air and water, central vacuum systems, swimming pool filtration, pumps, and heating equipment, and chair lifts and elevators. “With the trend toward larger homes, smart homes and more sophisticated equipment, homeowners face greater financial losses from breakdowns than ever before,” said Don Soss, chief underwriting officer, Fireman’s Fund Personal Insurance. “Families depend on this equipment for comfort, safety and convenience. It represents a significant part of a home’s value. The breakdown coverage helps protect that investment so a homeowner isn’t surprised by a large repair bill,” Soss said. Besides the District, the new coverage, became available July 1 in several states, including Delaware, New Jersey, Pennsylvania, and Virginia. It became available for New York residents in August. IFA Envision life and your life insurance and retirement planning practice better through partnering with an innovative new distribution group for PPGAs that will help you take your business and profitability to the next level. News From The Nation’s Capitol PCI seeks NFIP bill without windstorm coverage The Property Casualty Insurers Association of America recently said the continued calls for federal windstorm insurance offered through the National Flood Insurance Program are misguided and would needlessly displace the private market, disrupt existing state funds and create a significant burden for U.S. taxpayers. The windstorm proposal, part of the NFIP renewal bill that passed the House last year, had an amendment to add wind coverage in the Senate version of the bill, which was defeated. If the House and Senate do not pass identical bills for a presidential signature by Sept. 30, 2008, the flood program will expire, placing homeowners in floodprone areas in danger, according to PCI. “While this wind-coverage proposal is wellintentioned, we believe it is both unnecessary and fraught with unintended negative consequences,” said David A. Sampson, PCI’s president and CEO. “Right now, we can best serve homeowners by reauthorizing the National Flood Insurance Program. . . A continued push to add windstorm coverage to the NFIP could jeopardize the millions of Americans the program protects.” It’s a gimme… Envision life... better SM Health coverage for ill college students moves forward The House Energy and Commerce Committee recently approved legislation by a 40-0 vote that would allow very ill college students, even those unable to remain fulltime students, to keep their coverage under their parents’ health insurance plans, according to reports. Students who take a leave of absence from school could keep their coverage for up to 12 months. The legislation was developed based on a 2006 law from New Hampshire. However, while the New Hampshire legislation only pertained to fully insured policies, the federal bill would pertain to self-insured plans as well as insured, reports said. Contact Marvin Hudson Praeger pens letter to Congress on ins. legislation Regional Vice President 814.941.2358 240.285.5267 www.nVision.us mhudson@nvision.us NVFelbadv0108 20 | Maryland / Washington D.C. SM SM The president of the National Association of Insurance Commissioners, Sandy Praeger, recently sent letters to two members of Congress regarding several insurance bills that have been marked up by the House Financial Services Subcommittee on Capital Insurance & Financial Advisor | IFAwebnews.com Markets, Insurance and Government. One of the bills discussed in the letter was the Insurance Information Act of 2008, which could lead to the establishment of an Optional Federal Charter. Praeger, who is also Kansas insurance commissioner, told Reps. Paul Kanjorski (D-Pa.) and Deborah Pryce (R-Ohio), that “an OFC would decimate consumer protections via arbitrage, would damage the world’s most competitive insurance market and would result in a massive expansion of the federal government.” She said the NAIC “unequivocally opposes” attempts to use the bill to create “such a misguided policy.” Praeger also mentioned a bill that would streamline the process for nonresident licensing of insurance producers. She said the NAIC supports the legislation, but added that this is a “unique case and should not be misinterpreted to support any further preemption of state laws.” NCOIL pursues physicianpayer networking plan The National Conference of Insurance Legislators’ Health, Long-Term Care and Health Retirement Issues Committee recently committed to pursuing model legislation regarding physician-payer networking issues. The main area of contention among physician and industry representatives relates to “downstream” rentals—the number of times the information contained in the contract agreement can be sold, leased, assigned or conveyed to other parties. Drug plan group supports health data gathering measure The Pharmaceutical Care Management Association, which represents those who manage American prescription drug plans, is supporting a Senate plan to lower health care costs while improving health care outcomes. The Comparative Effectiveness Research Act of 2008 seeks to create the Health Care Comparative Effectiveness Research Institute to gather and produce data on what works best when it comes to how diseases, disorders and other health conditions are treated, said Sen. Kent Conrad (D-N.D.), the bill’s sponsor. Conrad, chairman of the Senate Budget Committee, was joined by Sen. Max Baucus (D-Mont.), chair of the Senate Finance Committee in writing the bill. Conrad is also a senior member of the Finance Committee, which oversees Medicare. September 2008 OFC: Pearson touts proposal’s benefits From page 1 more than 90% of the nation’s life insurance policies, on an issue that has divided the insurance industry. At issue is whether a federal system should be created to allow the option of one license for all states for agents and one approval for all states for insurers’ products. The industry has been split on the measure since it first came up last year. Congress is weighing several proposed insurance regulatory reforms. Pearson’s testimony suggests that an OFC “would create a more innovative, efficient and competitive life insurance industry that functions under a strong, nationwide consumer protection standard.” He explained that the life insurance consumers and insurers would benefit from one regulatory voice, instead of the “patchwork of regulation” that leaves companies having to “navigate a multiplicity of different regulatory gauntlets in parallel, each subject to its own timetable, in order to operate nationally, regionally, or even in just a handful of jurisdictions.” His testimony indicated that the organization believes that an OFC would put an end to regulator gaps resulting when consumers move from one state to another. “In the two years since this committee last held a hearing on insurance regulation, the case for regulatory reform has become even stronger as domestic operational concerns have been joined by pressing international regulatory and competitive issues,” Pearson said. IFA // HEALTH INSURANCE AHIP launches national pitch for universal health plans In yet another call for universal health care, America’s Health Insurance Plans recently launched a grassroots and education initiative to build support for what it calls “workable health care reform.” AHIP, a national trade organization representing nearly 1,300 health benefits companies who provide health benefits to more than 200 million Americans, is calling for universal health care that would meet “core principles shared by the American people: coverage, affordability, quality, value, choice and portability.”IFA Maryland / Washington D.C. Walter Reed consultant bilks TRICARE, gets prison term Two year sentence, $10,000 fine imposed after licensed social worker improperly charged for counseling services never delivered A former consultant for Walter Reed Army Medical Center was sentenced to two years in prison, followed by two years of supervised release, and ordered to pay a $10,000 fine for filing invoices for health care that was never delivered, according to the U.S. Attorney’s Office in Maryland. Melvin Shandler, 61, a licensed clinical social worker with a private counseling practice in Chevy Chase, already paid $247,000 in restitution as part of a plea agreement. Shandler also signed a civil settlement agreement which obligates him to pay the federal government $444,600, less the deduction for the amount paid in criminal restitution. Shandler was formerly employed as a consultant at Walter Reed, and from June 2003 to May 2007, Shandler submitted claims to TRICARE, a U.S. Department of Defense health care benefit program, for counseling services he provided to TRICARE members. During a review of claims, TRICARE auditors detected an unusually high amount of claims submitted by Shandler. Charged 250% more than others In one instance, Shandler billed 250% more services than the second highest billing provider, investigators said. At their peak, Shandler’s billings averaged up to 24 counseling sessions per day, and he billed for services on Labor Day, Independence Day and Christmas Day. Prosecutors also discovered that Shandler’s claims were disproportionately high, either because he requested compensation for services that were never performed, or inflated the amount of time he spent with patients. For example, in the case of one family, he submitted claims for 202 services during a one-year period from 2006 to 2007 that he never performed. As a result of his over-billing, Shandler received $247,000 to which he was not entitled, according to court records. IFA It’s no secret what GBS stands for. As the only employee benefit plans administrator with both fully-insured and self-funded products, we provide you with strategic advantages to attract and retain clients. Partner with us for innovative product and plan designs, advanced technology and superior service. To find out more about us – and to gain your competitive advantage – give us a call. GBS stands for you. 6 North Park Drive, Suite 310, Hunt Valley, Maryland 21030 2400 Research Blvd., Suite 420, Rockville, Maryland 20850 email: sales@gbsio.net www.gbsio.net Insurance & Financial Advisor | IFAwebnews.com 800.638.6085 800.359.9065 September 2008 | 21 companynews Avery Hall merges into new company Salisbury, Md.-based Avery Hall Employee Benefit Services and Avery Hall Life Insurance Agency merged into Avery Hall Benefit Solutions. The new identity is designed to better promote its ability to provide options for coverage as healthcare costs continue to increase, company officials said. The companies started in the early 1980s and together are one of the largest benefit brokers on the Eastern Shore. Pictured are the new company’s executive board members: (from left, back row) Mary Mengason, Richard Prettyman, Jill Long; and (from left, front row) Cindy Whaley and Tom Wisniewski. Send photos of your company events and happenings: edit@IFAwebnews.com Revised, refreshed. Retrieve. Find It Fast. Even more news – updated daily – is only a click away. The new and improved IFAwebnews.com delivers even more of the local, regional and national insurance news and industry information that you have come to expect from us. But that’s just part of the story. IFAwebnews.com also boasts a wide range of information and resources that beyond the printed page. Quick Access Our top navigation enables you to go where you want at any time, whether it’s local news, national news or the many other features of the Website. Timely Analysis Two Tools of the Trade blog gives our publisher and executive editor a chance to dig deeper than the headlines with commentary ranging from the serious to the sublime. Regional News Get a quick read on regional news or click on any area to get all of its latest news. 22 | Maryland / Washington D.C. Career Advancement IFAwebnews.com has partnered with nationally known firms to offer job postings, as well as courses for obtaining continuing education credits and designations. Insurance & Financial Advisor | IFAwebnews.com Online: Web sales are no threat...yet From page 1 rather than through an agent – an increase of 3% from last year. Among buyers who changed their shopping channel, more buyers changed to direct purchasing methods (22%) compared with those who switched to using an agent (15%). While auto sales most heavily rely on the Internet for transactions, other lines could possibly follow. Trevor Bowler, a senior director at JD Power and an author of the report, said in an interview with Insurance & Financial Advisor that while some carriers have targeted an online presence with their products, results have been mixed as far as traffic and “friction they are getting from their agent forces.” Nonetheless, the number of choices offered to consumers online is blossoming and the trend is expected to continue, especially in areas of the county that don’t have a high volume of agencies like in the mid-Atlantic, he said. “The agency business model had a good 80 to 90 years to embed itself throughout the nation,” said Bowler. “Even in places like South Dakota, you can still find agencies, you just might not be able to find four or five Progressive agencies, or four or five State Farm agencies.” Bower said the agency model is not becoming less viable in the short-term, especially when shopping for other areas of insurance such as housing coverage. It is also still a hassle shopping online when consumers are looking for multiple types of coverage, he said. “The direct sales model really lends itself to simple buys,” Bowler said. However, agents should be worried about the next generation of consumers who will need insurance and are more comfortable with technology. Robert Passmore, director of personal lines for the Property Casualty Insurers Association of America, does not think increased buying through the Internet will make agents less viable. Instead, it is a matter of preference and many people still like the personal interaction with an agent, while others are more comfortable dealing with their insurance issues online. “An agent is far from someone who is going to be outdated,” Passmore said. “There is still a whole lot they have to offer.” IFA September 2008 // HEALTH INSURANCE GrowthFocus Quarter of uninsured suffer from mental health, substance abuse By Rick Dennen To stay independent, develop a growth strategy Independence never comes easy. Ask our forefathers who fought the Revolutionary War more than 200 years ago. If you expect to survive as an independent insurance agency amid fierce competition in the coming years, you’ll need to grow, either organically or by acquisition. To grow organically, first assess your agency’s assets and available cash, which may be in short supply, especially in today’s credit crunch. Then determine the capital needed to achieve your goals, something might be up—and you need to investigate. Review average commission per account and determine the mean, the median and other pertinent statistics. Ensure that an ironclad non-compete contract is in place and will be followed by Dependable? If you expect to survive as an independent agency amid competition, you need to grow. which could range from $25,000 for new furniture or technology to $10 million for a major acquisition. To grow through acquisition, be sure to do the right kind of due diligence: Buyer’s due diligence 1. Determine why agency is selling Few agencies will volunteer everything about their business, especially the negative aspects. If the acquisition is a stock transition, which carries more risk than an asset transaction, you need to investigate more. Contact carriers that have been used in the past, read local insurance publications and the state insurance department website, contact the local Better Business Bureau, and conduct Internet searches—all of which could reveal evidence of illegal activity. 2. Analyze seller’s book Look beyond total commissions to see what percentage of the accounts have been on the books for two years, for five years, and even for 10 years. If the acquisition has an earn-out provision, ensure that what the seller is representing on the commission book is truly in force. Review the agency’s loss ratios, carrier persistency, carrier contracts, and types of accounts and anticipate their likelihood of continuing. 3. Try to spot trends in commissions For example, if total commissions have doubled in the past three months, or if the agency just landed a huge new commercial contract that now represents a disproportionate share of commissions, Maryland / Washington D.C. from a variety of sources, including the federal government. Because many of the adults suffering from these conditions are above the federal poverty level, they are ineligible for care from public sources. Just 37% of people with these disorders are under 100% of poverty level and qualify for Medicaid, research shows. The report suggests expansion of coverage to uninsured people with incomes above 200% of the federal poverty level. The percentages are similar for adults between 100 and 200 percent of the FPL who have mental illness and/ or substance use disorders. About one in three adults in this category lack insurance, public or private, the report indicated. IFA Nearly one in four adults who lacking health insurance suffered from a mental illness or substance abuse disorder, a new study finds. Of the estimated 47 million people without health coverage, 27% have a mental illness, according to a joint study by the National Alliance on Mental Illness (NAMI) and the National Council for Community Behavioral Healthcare. The study was funded by the Robert Wood Johnson Foundation. Mental illness is defined as “serious psychological distress,” a substance use disorder is defined by the survey as “substance dependence” or “substance abuse,” or both. The report used 2005 and 2006 data the seller and the producers. 4. Identify trends in carrier activity Determine which carriers the agency is placing most of its business with and if they plan to lower commission rates, give less favorable terms with contingent contracts, change product offerings—or are considering moving out of your state. Find out if the carriers’ direct writers are encroaching on the agency’s business. Raise capital Is this how other carriers deal with an emergency? Unfortunately, the vast majority of banks don’t typically lend enough money for insurance agencies to achieve their goals. As a result, many agency principals are often forced to tap personal assets and extend credit limits to finance growth, which can be way too risky. Banks don’t understand your most valuable and hidden asset—renewal commissions. But today, new lending sources are now available that recognize the value of anticipated revenue through future commissions. To grow is to thrive, and these approaches can help you succeed as an independent agency for years to come. about the author: Rick Dennen has 20 years’ experience in accounting, finance, business development, business evaluation and deal structuring. He is founder, president and CEO of Indianapolis-based Oak Street Funding, a commercial finance company that offers commission-based capital through lending or purchasing commissions to insurance agents. He can be reached at 866-625-3863 or osf@oakstreetfunding.com. Insurance & Financial Advisor At Denex Dental, dependability is more than just a claim. It has been proven since 1965. account management team that keeps the issues off your desk. Wa nt dependable? Choose Denex Dental. From unrivaled plan flexibility down to 3 life groups, to a straightforward enrollment process, to a dedicated See how 43 years of experience makes us the dental carrier you can depend on at www.denexdental.com Please call Sales Support at 866-433-6398 or visit our www.denexdental.com | IFAwebnews.com September 2008 | 23 // HEALTH INSURANCE Quarter of uninsured suffer from mental health, substance abuse Nearly one in four adults who lacked health insurance suffered from a mental illness or substance abuse disorder, a new study finds. Of the estimated 47 million people without health coverage, 27% have a mental illness, according to a joint study by the National Alliance on Mental Illness (NAMI) and the National Council for Community Behavioral Healthcare. The study was funded by the Robert Wood Johnson Foundation. Mental illness is defined as “serious psychological distress,” a substance use disorder is defined by the survey as “substance dependence” or “substance abuse”), or both. The report used 2005 and 2006 data from a variety of sources, including the federal government. Because many of the adults suffering from these conditions are above the federal poverty level, they are ineligible for care from public sources. Just 37% of people with these disorders are under 100% of poverty level and qualify for Medicaid, research shows. The report suggests expansion of coverage to uninsured people with incomes above 200% of the federal poverty level. The percentages are similar for adults between 100 and 200 percent of the FPL who have mental illness and/or substance use disorders. IFA 2008 Ward’s 50 Top Performers Insurers are ranked on financial performance, including the firm's financial safety and consistency, over a five-year period. (Listings are alphabetical) Life-Health Companies Property-Casualty Companies AEGON USA Group Aetna Life Insurance Company AFLAC AIG SunAmerica Life Insurance Company Alfa Life Insurance Corporation American Family Life Insurance Company American National Insurance Company Amica Life Insurance Company Anthem Blue Cross Life & Health Insurance Co. Auto-Owners Life Insurance Company AXA Equitable Life Insurance Company Centurion Life Insurance Company CIGNA Group Cincinnati Life Insurance Company Combined Insurance Company of America Farm Bureau Life Insurance Company Farm Bureau Life Insurance Company of MI Federated Life Insurance Company Fidelity Investments Life Insurance Company Genworth Life Insurance Company Gerber Life Insurance Company The Hartford Life Insurance Company Liberty National Life Insurance Company Metropolitan Life Insurance Company Midland National Life Insurance Company National Life Insurance Company Nationwide Life Insurance Company Northwestern Mutual Life Insurance Company Pekin Life Insurance Company Primerica Life Insurance Company Principal Life Insurance Company Prudential Insurance Company of America Reliance Standard Life Insurance Company RiverSource Life Insurance Company Sentry Life Insurance Company Shelter Life Insurance Company Southern Farm Bureau Life Insurance Co. Standard Insurance Company State Farm Life Insurance Company Symetra Life Insurance Company Tennessee Farmers Life Insurance Company Thrivent Financial for Lutherans TIAA-CREF Union Security Insurance Company United Healthcare Insurance Company United Insurance Company of America United Life Insurance Company USAA Life Insurance Company USAble Life Insurance Company Western & Southern Life Insurance Company Acuity Allstate Insurance Company American Modern Insurance Group Amerisure Companies ANPAC Assurant Group Auto-Owners Insurance Group* Central Insurance Companies Chubb Group Church Mutual Insurance Company Cincinnati Insurance Group* Columbia Insurance Group The Commerce Group, Inc. Donegal Insurance Group EMC Insurance Companies Erie Insurance Group Federated Mutual Group Fireman's Fund Insurance Group FM Global GEICO* GMAC Insurance Group Great American Insurance Companies The Hartford Fire Group HCC Insurance Holdings Group IDS Property Casualty Insurance Company Island Insurance Companies Group Kentucky Farm Bureau Mutual Insurance Co. Louisiana Workers' Compensation Corporation Markel Corporation Group Mercury Casualty Group Metropolitan Property and Casualty Insur. Co. North Star Mutual Insurance Company Old Republic Insurance Group Pekin Insurance Group Philadelphia Insurance Companies ProAssurance Progressive Casualty Insurance Company Protective Insurance Group RLI Insurance Group* Safety Insurance Group SECURA Insurance Companies Selective Insurance Company of America Shelter Insurance Group Tennessee Farmers Mutual Insurance Co. Travelers Insurance Group United Fire & Casualty Group USAA Group* Utica National Insurance Group West Bend Mutual W.R. Berkley Corporation Group *18-year recipient (1991-2008). Source Ward Group Regional Firms Listed 24 | Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 Sell a Policy... Retain Limited Death Benefit Count on Us to Lead the Way Introducing Graduated Life Settlement Benefits™ Get the best of both worlds for your clients — A lump sum cash settlement and retain a portion of the policy benefit on a graduated, phased-out basis. 866.509.5534 www.lifesettlementproviders.com w ww.lif .lifesettlemen esettlementproviders.com Form#: LSP080506. Each graduated policy benefit is determined on a case-by-case basis. Material intended for licensed life producers only, and not for use with the general public. Services not available in all states. Call for state approval and availability. ©2008 Life Settlement Providers, LLC. Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 25 “We are dedicated to the creation, retention, and growth of Independent Insurance Agencies.” Calendar of Events ■ 3 – CISR-Insuring Commercial Casualty Exposures Course – IABMd. 7:30 a.m.-5 p.m. Fountains Wedding & Conference Center, Salisbury, Md. Contact: 800-998-9644, or email, iab@iabgroup.com. -Jon Pappas President, Potomac Insurance Network 9 - CE & Breakfast Meeting – NAIFACarroll/Howard. 8:30-11:30 a.m. Westminster Best Western. Contact: Steve Aquino, 410-857-3331. 3 – ACSR-Commercial Automobile – IIAM. 9 a.m.-4 p.m. IIAM Headquarters, Glen Burnie, Md. Contact: 410-766-0600, or email, iiambecka@aol.com. Our Appointed Members Receive: 10 – Charitable Golf Outing – SFSPBaltimore. 9 a.m. Sparrows Point Golf Club, Baltimore, Md. 4 – Dynamics of Service Seminar – IAB-Md. 7:30 a.m.-5 p.m. Hilton Garden Inn BWI Airport, Linthicum, Md. Contact: 800-998-9644, or email, iab@iabgroup.com. • Complete Independence • Profit Sharing & Excess Compensation • Access to over 20 Personal & Commercial line markets 14-15 – P/C Cram Course – IIAM. 8:30 a.m.-4:30 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. 16 – October Program – NAIFABaltimore. 8-11 a.m. Sheppard Pratt Conference Center, Towson, Md. Contact: 410-752-3318. 4 – Long Term Care – IIAM. 9 a.m.-1 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. Providing: • Stability • Markets • Opportunities 8-12 – P/C Pre-Licensing – IIAM. 8:30 a.m.-4:30 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. 16 – CE Seminar – FPA-Md. 11:30 a.m.-1:30 p.m. Padonia Park Club Lakeside Ballroom, Cockeysville, Md. 10 – CIC-Life & Health Institute – IAB-Md. 7:30 a.m-5 p.m. Hilton Garden Inn BWI Airport, Linthicum, Md. Contact: 800998-9644, or email, iab@iabgroup.com. Call Jon Pappas, President Potomac Insurance Network 2360 Boston Street Baltimore, MD 21224 8 – ACSR-Miscellaneous Commercial Lines – IIAM. 9 a.m.-4 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. September (443) 692-4000 21 – How I Got a Job in the Prison Laundry-“Certificates of Insurance” – IIAM. 9 a.m.-12 p.m. Contact: 410-7660600, or email, iiambecka@aol.com. 10 – American College’s “Foundations of Financial Planning: An Overview” – NAIFA Carroll/Howard. Interstate Financial Services, Westminster, Md. Contact: Harvey Tegeler, 410-876-0500. jpappas@pinsiaa.com www.pinsiaa.com Visit our website: 23 – Valuation-Part 1: A Slippery Slope – PIA-N.J. Lunch ‘n’ Learn. Contact: 800-424-4244. 27 – 12th Annual GWAHU Charity Golf Tournament. 11:30 a.m.-8 p.m. Norbeck Country Club, Rockville, Md. Contact: Joel Pitt, 240-238-3270, or email, jpitt@gbsio.net. 11 – CE & Breakfast Meeting – NAIFA-Carroll/Howard. 8:30-11:30 a.m. Westminster Best Western. Contact: Steve Aquino, 410-857-3331. www.pinsiaa.com 29 – CRIS Workers Compensation for Contractors – IIAM. 8 a.m.-5 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. 12 – Breakfast and CE: Life Insurance, Annutities & Income Tax – NAIFA-Carroll/Howard. 10 a.m.-12 p.m. Howard County Public Library, Miller Branch, Ellicott City, Md. Contact: 410-8760500. 30 – 2008 Conferment Dinner – CPCU-Md. 5:30-8:30 p.m. Rolling Road Country Club, Catonsville, Md. Contact: mdchaptercpcu@yahoo.com. 16-19 – September Program – NAIFA Baltimore. 8-11 a.m. Sheppard Pratt Conference Center, Towson, Md. Contact: 410-752-3318. 18 – PIA Lunch ‘n’ Learn Teleconference: Collision Damage Waiver vs. Auto Insurance. 12 p.m. Contact: Nicole Shilliday, 800-424-4244. 24 – CRIS Commercial Auto, Surety, CIPS & Misc. Lines – IIAM. 8 a.m.-5 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. 24 – DI Day Training Webinar: DI and Critical Illness - The Plus Group. 22:30 p.m. Contact: 800-995-6532, or email, greg@fsgbrokerage.com. Helping clients to anticipate and deal effectively with change, to find solutions, and to achieve positive results. ■ Patricia McHugh Lambert, Esq. 410.339.6759 | plambert@hpklegal.com | hpklegal.com Insurance Contracts • Coverage Issues • Regulatory Administrative Law • Agent & Brokers • Errors & Omissions Defense • Disability • Business • Environmental Construction • Class Actions Towson Columbia 26 | Maryland / Washington D.C. Bel Air Bethesda Cambridge Insurance & Financial Advisor October 2 – CISR-Insuring Commercial Casualty Exposures Course – IABMd. 7:30 a.m.-5 p.m. Hilton Garden Inn BWI Airport, Linthicum, Md. Contact: 800-9989644, or email, iab@iabgroup.com. 2 – Luncheon Program – FPANCA. 12-2 p.m. That’s Amore Restaurant, Rockville, Md. 2-3 – FINRA: Advertising Regulation Conference. Washington, D.C. Contact: Jerry McKinney, 212-858-4119, or email, jerome.mckinney@finra.org. 6 – James K. Ruble Graduate Seminar – IAB-Md. 7 a.m.-5:15 p.m. Clarion Resort Fontainebleau. Ocean City, Md. Contact: 800-998-9644, or email, iab@iabgroup.com. | IFAwebnews.com 31 – Valuation-Part 2: So Many Choices – PIA-N.J. Lunch ‘n’ Learn. Contact: 800-424-4244. ■ November 3-7 – P/C Pre-Licensing – IIAM. 8:30 a.m.-4:30 p.m. Contact: 410-766-0600, or email, iiambecka@aol.com. 4 – Current Trends in Workers Compensation: What does the future hold? – PIA-N.J. Lunch ‘n’ Learn. Contact: 800-424-4244. 5 – Commercial Liability CGL, Auto and Umbrella Seminar – IAB-Md. 7:30 a.m.-5 p.m. Fountains Wedding & Conference Center, Salisbury, Md. Contact: 800-998-9644, or email, iab@iabgroup.com. 5 – CIC-Commercial Casualty Institute – IAB-Md. 7:30 a.m.-5:15 p.m. Hilton Garden Inn BWI Airport, Linthicum, Md. Contact: 800-998-9644, or email, iab@iabgroup.com. Send Your Events! • The easiest way to submit events is online: Phone: 410.667.0864 Fax: 410.667.7977 Email: edit2@IFAwebnews.com September 2008 Life Insurance Financial Services FINRA considers changes in annuity regulations Variable annuities subject of streamlining proposal The Financial Industry Regulatory Authority is looking for comments from industry professionals on its proposed new rules regarding variable annuities insurance products. FINRA is hoping to streamline existing rules regarding the products and create new rules for how member firms should handle variable products. Changes would address areas that have seen significant changes since the guidelines were first issued, particularly with respect to the use of riders and hypothetical illustrations, FINRA officials said. The proposal would prohibit member firms from exaggerating the relative benefits of a guarantee, or an insurance company’s financial strength or credit rating. Any discussion of a guarantee would have to disclose all material applicable limitations or qualifications. In addition, communications regarding guarantees would have to disclose that the investment return and principal value of an investment option are not guaranteed and will fluctuate. Other parts of the proposal include ways to: • shorten and simplify existing provisions regarding product identification, liquidity and guarantee claims; • consolidate previous FINRA staff guidance concerning variable insurance product communications; • address changes in variable insurance products and the manner in which they are advertised, particularly with regard to riders, hypothetical illustrations and investment analysis tools; and • codify FINRA staff guidance concerning comparative illustrations of The mathematical principle of tax-deferred versus taxable compounding. IFA Coastal: Market unlikely to improve soon From page 1 the potential for more hurricanes damaging expensive properties all along the Atlantic coast, require better construction techniques. She suggested the use of wind-proof glass, which will not shatter as easily and can withstand winds greater than 130 miles per hour and hurricane strapping on roofs. Most coastal insurance coverage is through non-standard insurers, often with exclusions, limitations and restrictions that agents must make sure their clients understand, Hollada said. The potential losses – after record losses in 2005 with Hurricane Katrina – discourage standard carriers, even in a If you haven’t considered how BENEFITS and PAYROLL work together to help your clients, then we need to talk. LTC group plans national education effort as part of awareness efforts KELLY now provides PAYROLL, too. Toll-free phone lines to provide consumers access to agents for questions in November Kiplinger’s Personal Finance magazine and the American Association for LongTerm Care Insurance have teamed-up to conduct a national consumer educational program Nov. 13 and 21 in conjunction with Long-Term Care Awareness Month. As part of the program, the magazine will provide readers with the opportunity to connect by phone with longterm care insurance professionals able to answer questions. Some 100 members of the LTC association have volunteered to donate their time to answer the consumer calls. “There will be no selling or promotion as part of this program,” said Jesse Slome, executive director of the Los Angeles-based American Association for Long-Term Care Insurance. Maryland / Washington D.C. “This is an opportunity to educate consumers and to demonstrate the commitment of hundreds of leading long-term care insurance professionals to helping Americans and their families understand the issues as well as the importance and simplicity of planning.” Kiplinger’s Personal Finance magazine will promote the program through the magazine, which has 2.4 million subscribers, and on its Web site. The publication will pay for toll-free access connecting readers with association members located nationwide, the organizers said. Insurance and financial professionals interested in volunteering to be part of the program may contact the American Association for Long-Term Care Insurance. IFA Insurance & Financial Advisor soft market, from assuming the risk of coastal properties. As a result, rates are much higher for coastal property owners. Hollada said some residents on the New Jersey, Delaware and Maryland coasts are paying more than double what they paid prior to 2005 and their coverage is less. “Until we change the way we are doing things, you are not going to see a lot of standard carriers in these places,” Hollada said. New Jersey, New York, Maryland, Delaware and Virginia officials are each working to require new construction to meet stricter hurricane and wind requirements. When they succeed, she predicts that the standard market might once again cover coastal properties. IFA Shouldn’t payroll and benefits be on the same page? At KELLY, the most trusted name in benefits, we’ve created a payroll solution that utilizes our innovative technology for greater accuracy and speed. KTBSPayroll features management tools, reports and services that relieve your clients of the details while giving them better control. Payroll and benefits working together. That’s KELLY. Call us today. Kelly & Associates Insurance Group KTBSPayroll 301 International Circle Hunt Valley, MD 21030-1342 Contact: Kitty Bollinger 410-891-3034 www.KAIG.com www.KTBSPAYROLL.com KTBSPayroll is a division of Kelly & Associates Financial Services, Inc., an affiliate of Kelly & Associates Insurance Group, Inc. | IFAwebnews.com September 2008 | 27 INSURANCE MARKETPLACE The Simple Alternative to Online Rating Powered by tlantic Specialty Lines 800-368-2095 Vision plans for employer groups • Independent & Retail Providers • New Progressive & Photochromic Lens Coverage • Voluntary & Employer Paid Marcus Partlow Vice President Business Development mpartlow@advanticaeyecare.com 410-303-3285 Excess and Surplus Lines Specialists Quick Quotes Online or On the Phone Credit Card Payments or In-House Financing Let us work for you. www.commund.com ONLINE QUOTES 'RQ·WZDVWH\RXUWLPHZLWKFRPSOLFDWHG RXWGDWHG2QOLQH5DWLQJSURJUDPV 6LPSOH5DWHVFDQSURYLGH\RX\RXUFOLHQWVZLWK PXOWLSOHSURGXFWVIRU3HUVRQDO/LQHV &RPPHUFLDO/LQHV Log-on Today: www.atlanticspecial.com HR ADMINISTRATION.THE PAPERLESS WAY Earn Commissions… Use Benefit Providers as your hidden secret, to provide your client(s) with Individual or Comprehensive Service packages, that include: • Internet based Human Resource Information System – HRe-file • Section 125/132 Administration • COBRA Administration • Payroll Processing • FSA/HRA/HSA Debit Card Issuance and Administration Program www.hrefile.com Contact: Joel H. Bernstein office: 877-370-2226 cell: 703-906-8625 205 South Whiting Street, Suite 311, Alexandria, VA 22304 Maryland based worksite benefits enrollment firm and TPA looking for Life and Health licensed, experienced and highly professional representatives to work as benefit counselors for group enrollments. This involves educating and enrolling employees in various insurance products. A majority of work is based in the MD, DC and VA area with occasional travel possible. This position provides competitive compensation both on a per diem and commission basis as well as flexible hours. Please email your resume for consideration to: MStringer@selectbenefitsgroup.com or fax to 443-279-0102. SelectBenefitsGroup.com Questions: Contact Barry Scott bscott@commund.com 800-396-6226 ext. 108 fax: 888-359-6994 An ounce of prevention equals a pound of cure. Did you know… • Negligent hiring lawsuits can average more than $500,000? • Illegal drug users drive up health insurance, workers compensation & accident costs? • It costs 1.5 times a position’s salary to recruit, train & keep one person? We can help manage these risks for your clients. We are different. Ask me how. Jim Randisi Randisi & Associates, Inc. 410.494.0232 www.preemploymentscreen.com INSURANCE MARKETPLACE Also offering payroll outsourcing!! Staffing: This advertising section is specifically designed for maximum exposure on a minimum budget. (410) 308-9050 (866) 308-9050 FAX (410) 308-9055 Jobs@allproplacement.com www.allproplacement.com For information MBE & WBE Certified Claims Adjusters Family-owned & Operated -Casualty -General Liability -Property -Workers Compensation Licensed CSR’s Claims Assistants Administrative (all levels) 28 | Maryland / Washington D.C. call 410-667-0864 or advertise@IFAwebnews.com Insurance & Financial Advisor | IFAwebnews.com September 2008 Letters TO THE EDITOR Another view on Sister Kay, soft P/C market Editor: Great Publisher’s Note (“Dusting off the crystal ball to predict soft market end,” August 2008) about Sister Kay although it is kind of sad that we as an industry have no real idea as to how the future will play out. This takes a particular toll when trying to plan for the future. I have heard the 2010 prediction for the end of the soft market by several “industry experts.” So far I see that as an example of the theory, if we say it often enough it may come true. I judge market texture by workers’ compensation loss cost multipliers. To date there has been some movement downward, however not nearly as much as the late 1990s. Companies that in the 1990s were at 0.85 are still in the 1.20 areas, which tells me there is plenty of room left to move. The loss cost factors bottoming out were the last attempt by the carriers to bottom out pricing without affecting their financial statements. Markets flip-flop for many reasons; however, most can be tracked to either an adverse court ruling or a disaster, natural or otherwise. Barring either of those, I see the market remaining soft for years past the magical 2010 predictions. I hope I am wrong. Scott Burns C. A. Weber Agency Inc. Hanover, Pa. Uncertainty steals away voluntary benefit sellers’ confidence Outlook falls victim to concerns for economy, health care industry, study says Overall concerns about the economy and uncertainty in the health care industry is affecting how agents and brokers view the outlook for voluntary benefits sales, according to Eastbridge Consulting Group’s Voluntary Industry Confidence Index. Based on the survey results, the index at mid-year 2008 decreased to 96.2 from 97.3 at year-end 2007. The lower confidence index number is largely driven by the results of the sales growth question, according to the report. “We see an interesting dichotomy among our respondents,” said Bonnie Brazzell, vice president of Eastbridge. The percentage of responders who think that sales will “increase a lot” went up to 24% (from 20% at year-end 2007) and a total of 82% believe sales will increase at least a little, she said. At the other extreme, she noted, about 12% say sales will decrease. “We’ve never seen more than five percent saying they expect a decrease,” Brazzell said. The index is calculated using three key expectation measures about the voluntary industry: sales growth, profitability and employee enthusiasm about voluntary products. Six percent said that sales will “stay the same,” the same percent as at the end of the year last year. Response to the question about carrier profitability was down slightly in the most recent study primarily in the percent expecting the profitability to be “much more” profitable. The results of the employee enthusiasm question were actually up over year-end results with 67% believing employees will be more enthusiastic about voluntary benefits (up from 63%). The Voluntary Industry Confidence Index study is conducted semi-annually and includes responses from carriers, brokers, and vendors. Like other confidence indices, the index is a single number that compares the current results to a baseline measure. IFA Is your client frustrated with rising healthcare costs? Self-funding may be the solution. With healthcare costs at an all-time high, self-funding with Brokerage Concepts is a solution that is worth exploring. Self-funding provides a way for many employers to lower their costs through more active plan management. At BCI, we’ve assembled one of the most knowledgeable and What constitutes a fair settlement? broad-based groups of employee benefit experts, all dedicated to helping your client in ways Editor: Will this never end? How is a $9 million retirement and severance payment for William Jews, much less $17.6 million, considered a “fair and reasonable” settlement by Maryland’s insurance commissioner (“Ruling on former CareFirst CEO pay ‘highly unusual,’” August 2008). Jews and the CareFirst board tried to pull a fast one by attempting to sell CareFirst to a for-profit buyer so that he could pocket a cool $39 million, while at the same time ramping up rates to the buying public to make the sale more attractive. Jews should have been thrown out on his ear without a penny! that deliver products, technology and technical expertise to win self-funded business for you, the broker. Our strategy is to deliver… Benefit Solutions for Everyone. To learn more about the advantages of self-funding, call BCI today: 610-491-5040 Offices located in Pennsylvania, New Jersey, Delaware, and Massachusetts NATIONAL HEADQUARTERS John J. Darlington 1021 West 8th Avenue • King of Prussia, PA 19406 Independent Agent Timonium, Md. www.bcitpa.com Maryland / Washington D.C. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 29 For the Record Maryland agent & carrier fines ■ The following summaries are based on information obtained from the Maryland Insurance Administration (MIA). ■ Safeco Insurance Co. Illinois Seattle, Wash. Action: Appeal was denied and dismissed. Synopsis: Complainant asserted that Safeco improperly denied his claim for damage done to his teeth as the result of a motor vehicle accident in which a driver insured by Safeco was allegedly at fault, though he initially said that he was not injured in the accident until a dental appointment two months later revealed that he needed tooth implants at a total cost of $3,700. Case MIA-2008-02-013 ■ Coventry Health Care of Delaware Inc. Wilmington, Del. Action: Ordered to provide coverage for the DexCom CGM device requested by the complainant. Synopsis: Coventry denied a request to authorize coverage for the CGM prescribed for the complainant by his doctor to assist in measuring glucose on a 24hour basis to treat his Type 1, insulin-dependent diabetes. Coventry denied the request alleging that the CGM is considered investigational/experimental, though the DexCom CGM is an FDA-approved device that meets technology assessment criteria. Case MIA-2008-03-001 ■ Case MIA-2008-05-044 ■ United Healthcare Insurance Co. Hartford, Conn. Action: Ordered to pay $1,500; and reprocess all claims paid under the noncompliant fee schedule in accordance with the fee schedule in effect Aug. 14, 2007, for the complainant. Synopsis: United failed to provide an audiologist with a fee schedule for his specialty. Case MIA-2008-05-021 ■ Aetna Life Insurance Co. Hartford, Conn. Action: Ordered to pay $1,000. Synopsis: Aetna failed in a grievance decision letter to provide the proper statutory time frame within which a member may file a complaint with the commissioner: Aetna provided that the member had a time frame of only 30 days, rather than 30 working days after the receipt of the carriers grievance decision. Case MIA-2008-05-046 30 | Maryland / Washington D.C. Actions involving Carriers The following actions were reported by the Maryland Insurance Administration. ■ Case MIA-2006-10-008 Database Changes The Maryland Insurance Administration reported the following carrier redomestications: Acadia Insurance Co., redomesticated from Maine to New Hampshire; redomestication was effective Dec. 1, 2007. American Insurance Co., redomesticated from Nebraska to Ohio; redomestication was effective Dec. 17, 2007. General Casualty Insurance Co. of Illinois, redomesticated from Illinois to Wisconsin; redomestication was effective Dec. 31, 2007. United American Insurance Co., redometicated from Delaware to Nebraska; redomestication was effective Dec. 12, 2007. Universal Surety of America, redomesticated from Texas to South Dakota; redomestication was effective Jan. 1, 2008. Allan Austin Smith Newport Beach, Calif. Action: Ordered to pay $300. Synopsis: Reported two administrative actions taken by the state of Wisconsin to the DISB more than 30 days after the actions were taken and had an administrative action taken against him by the state of New York. Case IB-CO-02-08 ■ Nathaniel A. Reid Washington, D.C. Action: Suspension of resident producer’s license; ordered to make restitution to all consumers enrolled by him during the period of December 2006 to June 2007; ordered to submit to DISB the names of the individuals residing in Washington, D.C., who he enrolled for/under Medicare C in Advantra Freedom, WellCare Duet and Bravo Classic plans; ordered to be available to provide the department all information regarding his relationship with Coventry Health Care, all Coventry training materials regarding enrollment presentations of the Advantra Freedom program and all Advantra training guidance documents and lists of attendees at all Advantra sessions; and ordered to pay $8,500. Synopsis: Made statements at a sales presentation that misrepresented the benefits, advantages, conditions and terms of a policy; intentionally misrepresented the terms of a proposed insurance contract; and used dishonest practices or demonstrated incompetence or untrustworthiness in the conduct of business in the District of Columbia. GEICO Insurance Co. Washington, D.C. Action: Appeal was denied and dismissed. Synopsis: Complaint alleged that GEICO improperly denied an automobile insurance claim. Case IB-SC-17-07 ■ USAA Casualty Insurance Co. San Antonio, Texas Action: Complaint was denied and dismissed. Synopsis: Complainant alleged that USAA erred in the handling of a claim regarding an accident that occurred on June 1, 2007. Case MIA-2007-09-027 Mark W. Wardlow Washington, D.C. Action: Ordered to reimburse Travelers Casualty and Surety Co. of America the full amount of the bond that it paid to Four Corners Insurance Services Inc., including interest and fees incurred; ordered to make restitution to Four Corners in the amount of the commissions that were not covered by the Travelers bond; and suspension of producer’s license for three months. Synopsis: Intentionally withheld, misappropriated or converted monies or properties received in the course of doing insurance business; and demonstrated incompetence, untrustworthiness or financial irresponsibility in the conduct of business in the District. Genworth Life Insurance Co. Richmond, Va. Action: Ordered to pay $7,500 and correct violations. Synopsis: The administration conducted a comprehensive examination of the company’s insurance business in Maryland for the survey period of Jan. 1, 2005, through Dec. 31, 2006, and discovered several violations of the insurance article and state laws. Case IB-Co-01-07 The following are based on information provided by the District of Columbia Department of Insurance, Securities and Banking. ■ Mark Giamalva Chicago, Ill. Action: Issued a non-resident insurance producer license by the department after paying a fine of $600. Synopsis: Continued to practice the business of insurance in the District of Columbia after his license had expired; and changed his address without notifying the commissioner. ■ Case MIA-2008-05-023 ■ ■ D.C fines/actions Shenandoah Life Insurance Co. Roanoke, Va. Action: Ordered to correct its violations of Maryland law within 90 days; ordered to pay $5,000. Synopsis: The administration conducted a comprehensive examination of the company’s insurance business in Maryland for the survey period of Jan. 1, 2005, through Dec. 31, 2006, and discovered several violations of the insurance article and state laws. Fairmont Specialty Insurance Co. Houston, Texas Action: Ordered to pay $50,000; correct violations. Synopsis: Did not make freely available to the commissioner or an examiner the accounts, records, documents, files, information, assets and matters that are in the company’s possession or control and related to the subject of an administration examination; refused or delayed payments of amounts due claimants without just cause; failed to maintain a proper register; and paid a commission, fee, reward, rebate or other consideration for selling, soliciting or negotiating insurance to a person other than a licensed insurance producer. Case MIA-2008-04-009 The Maryland Insurance Administration reported the following recent mergers: Transcontinental Insurance Co. merged with and into National Fire Insurance Co. of Hartford; merger effective Dec. 31, 2007. Westport Insurance Corp. merged with and into Employers Reinsurance Corp.; merger effective Jan. 1, 2008. The Maryland Insurance Administration reported the following recent carrier name changes: Case IB-SC-19-07 Insurance & Financial Advisor Employers Reinsurance Corp., changed to Westport Reinsurance Corp.; change effective Jan. 1, 2008. Fidelity Life Association—A Mutual Legal Reserve Co., changed to Fidelity Life Association—A Legal Reserve Life Insurance Co.; change effective Feb. 19, 2008. General Casualty Insurance Co. of Illinois, changed to General Casualty Insurance Co.; change | IFAwebnews.com effective Dec. 31, 2007. Manulife Insurance Co., changed to John Hancock Life & health Insurance Co.; change effective April 4, 2008. Phoenix Indemnity Insurance Co., changed to Hallmark Insurance Co.; change effective Feb. 11, 2008. The Maryland Insurance Administration reported the following recent carrier deletions: Fidelity Mutual Life Insurance Co., voluntarily withdrew from doing business in Maryland; deletion was effective April 24, 2008. The Maryland Insurance Administration reported the following recent carrier address changes: Alamance Insurance Co., 100 Pearl St., Hartford, CT 06103. American Health and Life Insurance Co., 3001 Meacham Blvd., Suite 100, Fort Worth, TX 76137 Artisan and Truckers Casualty Co., 8040 Excelsior Drive, Suite 200, Madison, WI 53717 Burlington Insurance Co., 100 Pearl St., Hartford, CT 06103 Central Benefits National Life Insurance Co., 4079 Executive Parkway, Westerville, OH 43081 Centre Insurance Co., One Liberty Plaza, 165 Broadway, 33rd Floor, New York, NY 10006 Clarendon America Insurance Co., 601 Ewing St., Suite C-8, Princeton, NJ 08540 First Investors Life Insurance Co., Raritan Plaza I, P.O. Box 7836, Edison, NJ 08818 First Financial Insurance Co., 100 Pearl St., Hartford, CT 06103 Global Reinsurance Corp., Times Square Tower, 7 Times Square, 37th Floor, New York, NY, 10036 Global Reinsurance Corp. of America, Times Square Tower, 7 Times Square, 37th Floor, New York, NY 10036 Guilford Insurance Co., 100 Pearl St., Hartford, CT 06103 Hartford Underwriters Insurance Co., One Hartford Plaza, Hartford, CT 06155 Trumbull Insurance Co., One Hartford Plaza, Hartford, CT 06155 Legal Mutual Liability Insurance Society of Maryland, c/o Semmes, Bowen & Semmes, 25 South Charles St., Suite 1400, Baltimore, MD 21201 LifeSecure Insurance Co., 10559 Citation Drive, Brighton, MI 48116 Midwest Family Mutual Insurance Co., 3033 Campus Drive, Suite E195, Plymouth, MN 55441 Philanthropic Mutual Fire Insurance Co., 1862 Charter Lane, Suite 106, Lancaster, PA 17601 Progressive Classic Insurance Co., 8040 Excelsior Drive, Suite 200, Madison, WI 53717 Progressive Northern Insurance Co., 8040 Excelsior Drive, Suite 200, Madison, WI 53717 Providence Washington Insurance Co., 1275 Wampanoag Trail, Riverside, RI 02915 Rampart Insurance Co., 5 Hanover Square, 10th Floor, New York, NY 10004 Sears Life Insurance Co., 3001 Meacham Blvd., Suite 100, Fort Worth, TX 76137 Triton Insurance Co., 3001 Meacham Blvd., Suite 100, Fort Worth, TX 76137 U.S. Financial Life Insurance Co., 1290 Avenue of the Americas, New York, NY 10104 York Insurance Co., 1275 Wampanoag Trail, Riverside, RI 02915 September 2008 To grow my Medicare business, I need a wide variety of products. Including low premium plans. Aetna Medicare gives you what you need…and easy registration, too. We’ve talked to a lot of brokers — some sell Medicare, some don’t. But all agree: If they’re going to sell Medicare products, they want a wide variety of products to offer their clients, including plans with low premiums. And they want the registration process to be easy. You probably feel the same. So call Aetna Medicare. Contact the Aetna Broker Services Unit: 1-800-AETNA-83 www.RecruitMeAetna.com Call 1-800-AETNA-83 www.RecruitMeAetna.com Aetna is the brand name used for products and services provided by one or more of the Aetna group of subsidiary companies. Plans are offered by Aetna Health Inc., Aetna Health of California Inc., Aetna Health of Illinois Inc. and/or Aetna Life Insurance Company (Aetna). Plan availability varies by county. Plan contains exclusions and limitations. 7A_80343 Maryland / Washington D.C. ©2008 Aetna Inc. Insurance & Financial Advisor | IFAwebnews.com September 2008 | 31