MARCH/APRIL 2008


Regional Director's Report - January 2008


The IIABNY Board of Directors held a regularly scheduled meeting at the Desmond Hotel and Conference Center in Albany, NY on January 22, 2008. The following is a summary of the matters discussed at the meeting.

Producer Compensation Disclosure. IIABNY has been following developments with potential Insurance Department regulation addressing disclosure of producer compensation. The Association’s thrust on this issue will be towards voluntary, as opposed to mandatory, disclosure, possibly only if asked by a prospect or policyholder.

CSR Education. The new IIABNY Essentials program was rolled out this month and has already generated much interest. The curriculum is comprised of several modules, the initial phase of which is the “Knowledge Check” component that is essential before directing study to the various modules. So far, 161 people have enrolled in the program and taken the “Knowledge Check” evaluation as their first step. Agencies are encouraged to look into this new educational program for their staffs.

Carrier Advocacy. This program has met with much success through the independent agency surveys and their results that have been conducted to measure carrier activity. There were 269 responses to the winter survey compared to 199 for the summer survey. Although carrier composite scores were similar, the top 5 ranking carriers shifted positions between the two. We may reduce the number of surveys each year from quarterly to either twice or three times a year in order to give insurers time to react to the findings. So far, nearly all insurers included have expressed much interest in the findings as a means of assessing their effectiveness with agents and consumers.

Improving the E&O Program.
IAAC continues to explore alternate insurers for this program. This effort will give agents more choices and competition should help keep pricing in line.

Company Field Representatives. One of the regional insurers has asked IIABNY to explore the effectiveness and value of having field representatives for the agency force today. The Association will undoubtedly conduct a survey of member agencies to gauge the pulse on this issue and summarize its findings with carriers.

Public Policy & Legislative. The business group litigation over NY Labor Law Sections 240/241 was dismissed, but the proponents see a chance for an appeal. This is the case brought by a NY business group coalition, which IIABNY has supported, over the constitutionality of the NY Labor Law that holds owners and contractors strictly liable for worker injuries on jobsites after falling from a height, with no possibility of defense. Further funding will be needed for this effort.

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Governor Spitzer has established a Financial Services commission to study the possibility of combining banking, insurance and securities regulation into one agency. The latest word is that if this proposal comes to pass, there may still be separate, dedicated arms for each of the industries involved. Although the producer community is not represented on the commission, IIABNY intends to stay active with this issue, press for representation on the commission (none of whose members has ever been engaged in actual insurance sales) and make its concerns and recommendations known.

The new Assembly Insurance Committee Chairman is Assemblyman Joe Morelli (D) of Rochester and Senator Jim Seward (R) of Oneonta remains as the Senate Insurance Committee Chairman. We believe they will work well together on insurance matters that come to their respective houses.

The difficulty of small and minority owned contractive firms to obtain surety bonds for jobs that require bonds has been eased. Following a meeting of the parties involved, the SBA has developed a program to allow them to back up small and minority-owned contractor bond, which apparently satisfied the concerns of the sureties that had been reluctant to provide them with bonds.

The NYC Office of Emergency Management met with the American Insurance Association, IIABNY and building owners to discuss emergency procedures. Meantime, Superintendent Dinallo is setting up 6 insurance emergency centers to address insurance issues following a catastrophic event. IIABNY will participate as a member of a new emergency council that will meet three times a year to refine procedures.

All IIABNY members are encouraged to make their contributions to the national InsurPac campaign. We need funding to make ourselves heard in Washington. Contact IIABNY for the forms that election laws require. Under current election law, all InsurPac contributions must be via personal checks or personal credit cards.

IIABA Chairman Elect, Brett Nilsson
of Utah attended the meeting and commented on the direction the national association is taking. (Brett also attended our L-Day on Wednesday.)

State National Director, Steve Spiro reported on the recent IIABA Board meeting.

Insurbank, our own bank and financing company seeks an amendment to the NY regulation requiring physical presence in the state in order to deposit premium funds. This will allow agencies to use this facility for that purpose. IIABNY and Insurbank’s president will soon meet with Superintendent Dinallo to address this issue. Insurbank can finance agencies for acquisitions, purchase of buildings, equipment and perpetuation, in addition to regular accounts and CD deposits. Agents contacting the bank for any of these needs will find they understand our business better than commercial banks.


Trusted Choice. Expanding membership in this program is important, so all are encouraged to do so. We will get more company support as Trusted Choice membership grows and several larger insurers will likely join this national branding effort if more of their agents are members. Commercials on several national cable channels are about to start again.

Workers Compensation. The State Fund NY Assessment procedure is being addressed. Also, rumors are circulating that the Absolute liability standard in the Labor Law was waived for WTC claims which seems to violate the law which does not allow for waiving absolute liability.

L-Day on January 23rd was again well attended, but because both the Senate and Assembly called for sessions during the day, we did not get to meet with all of the legislators in their offices, as is usually the case, or get to our luncheon. However, for some, this proved a mixed blessing since a number of us from Long Island were invited to attend the Assembly session where we were introduced by Assemblyman Jim Conte as a group and had a photo session on the Assembly floor with our representatives. We did meet with some legislators and several of legislative aides and discussed the major issues confronting us: NYPIUA permanency, coastal property insurance and late notice of claim declinations by insurers. We believe that our legislators have a better understanding of these issues now.

The state association agenda remains full and between the volunteers and staff, we continue to represent our members and our industry on the issues that face us all.

Respectfully submitted,
Russ Vollmer
Regional Director, IIABNY

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