Best in Class
A few weeks ago, Council of Insurance Agents & Brokers executive chairman Ken Crerar sat down with Council president and CEO Joel Wood and chief operating officer Catherine Richardson at The Council offices in Washington, D.C.
The trio discussed 30-plus years of insurance industry and leadership history, sharing memories of challenges, lessons learned, and a dogged focus on building a best-in-class association to support commercial insurance brokers.
Navigating Disruption
Wood: I do recall that there was that tension between the global brokers and the regional players. But as I look back in 30-plus years in the organization, I only recall two times when we had members that just flat-out disagreed with one another. One of them was over the issue of whether or not wholesalers would be allowed to join the organization. I think that was like a 15 to 14 vote, and we came very close to not even allowing wholesalers, which would have been, when you look at the vibrant wholesale engagement that we have today, would have been awful.
The other time, though, where there was a considerable amount of tension and it was extremely difficult to navigate, was when we had the Eliot Spitzer inquisition into broker compensation in 2004 and 2005 and that spilled out into class-action lawsuits that even we had to defend ourselves on. And you had the global brokers in Marsh, Aon, and then Willis, that all struck their settlements with ,then-New York state Attorney General, Eliot Spitzer. And part of the settlements included a highly difficult transparency regime where they had to essentially report to the offices of the state attorney general and understandably, Marsh, Aon, and Willis thought, well, if we’re having to do this, the smaller brokers should have to do the same. How did you manage to stay above that without losing any membership?
Regulating the Regulators
Wood: Then, in the aftermath of the financial collapse, Dodd-Frank was passed, and, due to your friendship with Chris Dodd, who was chairman of the Senate Banking Committee, we were probably the only industry association in the financial services world that actually got positive provisions for ourselves as opposed to stiffer regulations, which was to make sure to rationalize the state laws that governed access to the surplus lines marketplace. And… surplus lines placements have more than doubled in the last decade as a result of that. I’m convinced that would not have happened had we not won those provisions in Congress.
And the other thing that you led the way on, again, your willingness to break glass, to antagonize regulators if there’s a bigger cause at stake, is on the very frustrating issue, decades-long, of non-resident licensure. However, the passage of that first NARAB provision, which incentivized the states to move to a reciprocity regime, has made life a lot better. We wouldn’t have the National Producers Registry.
Wood: To me, the ever-evolving fiduciary responsibilities that we are seeing in health and benefits, we’ve seen that on the retirement side for many decades. All kinds of litigation there. We’re now starting to see the proliferation of litigation on employers for fiduciary responsibilities and therefore potentially bringing in brokers. You see all kinds of pressures from the Labor Department on that. And this is not too far removed from the state AG investigations of [Richard] Blumenthal in Connecticut and Spitzer in New York from decades ago. And I think that the reality is there are multiple income sources and contingent commissions that are still out there and the overzealous regulators who would prefer to commoditize the role of the broker. I think those are the greatest threats. You agree?
Crerar: No, I don’t agree. Accept the fiduciary responsibility and be compensated any way you get compensation, but don’t hide it.
Wood: Well, a fiduciary standard says that policy, if you could have found a cheaper price on it and sent them to a substandard insurer as opposed to a first-class one, you’re subjecting yourself to a massive amount [of litigation]. We are for suitability. We are for acting in the best interest of the client. We do not need to set up a whole new class of lawsuits aimed at insurance brokers.
Crerar: At the end of the day, it’s the customer. If the customer says, I need such and such, or I want… If I say to you, we could save 10% on a policy if we go with this company, but let me tell you about this company…. Wood: I’m all for unfettered free market capitalism with brokers, carriers.
Crerar: As long as it doesn’t lead to litigation, well, I love this.
The Insurance Leadership Forum
Entrepreneur
Wood: We’ve talked about willingness to break glass and try things that may not work out. And while you’ve had a couple of areas of entrepreneurship that didn't work out, you’ve had far more entrepreneurial successes.
We always hear that the No. 1 problem in insurance is talent. You created the Insurance Professional School and a lot of the best-in-class programs, but I think we still have unfinished business in terms of providing scale in those programs.
Crerar: If we are an association of professionals and we’re serving customers, it takes people and it always takes people.
We spent $19,000 to create the substance behind an insurance school at Wharton. And I remember it was a lot of money for us, but at the time, there was nobody. We went through a transition period where the CEOs of most of the firms that we had were salespeople.… The natural sort of evolution has occurred where now we have managers. I remember at the time, it was [Council past chair] Jake Wallace who said to me, ‘Ken, we’ve got a problem, because the guys that are running these things aren’t managers. We need to create a management program.’ And that’s why we went to Wharton, because at the time, Wharton was the best of the best.
But Elizabeth McDaid ran Chubb’s very acclaimed producer school and she put us out of business.
Leading On Leadership
Wood: I think Ken has always been historically correct in that I am perhaps overly sensitive to making sure that everybody’s happy. And that willingness to break a little glass to try to see ahead of the curve, I think that’s the lasting testament of Ken’s influence over me.
Crerar: Well, I’m proud of you. I’m proud of Catherine. I’m proud of this office. The people, that’s what I’m proudest of. You have done an amazing job. And I urge you to keep looking around the corner. Because I think the corner is where you have to focus. And don’t be afraid. One of the things that I’ve learned a lot about, and I’ve learned this with being a parent as well as being a CEO, is you really can’t make mistakes if you’re just learning, and you can’t learn if you don’t make mistakes. And so you’ve got to focus on that. I made a lot of mistakes.
The business will become the business you want to focus on. It’s sort of like what I learned from the shoe industry. Who cares where the damn stuff is manufactured? It’s a shoe, so just represent the shoe industry. Represent the brokerage industry. Period.