“Professional Ethics in the Insurance Industry” A Continuing Education Course (3 hours) Subject Richard S. Pitts 8900 Keystone Crossing, Suite 800 Indianapolis, Indiana 46240 (317)-554-8592 (317)-554-8593 (fax) rpitts@arlingtonroe.com Subtopics Introduction / Agenda From To CE Min. 1:30 1:35 5 Personal versus Professional Ethics The curious case of the covenants 1:35 1:45 10 Sources of Professional Ethics Professional Duties 1:45 1:50 5 Contractual Obligations 1:50 Statutory Requirements and 2:00 Licensure Trade and Professional 2:10 Associations 2:00 2:10 10 10 2:20 10 2:20 2:30 0 2:30 2:40 2:50 2:40 2:50 3:00 10 10 10 3:00 3:05 3:05 3:15 5 10 3:15 3:25 0 3:25 3:40 15 3:40 3:50 10 3:50 4:00 0 4:00 5:00 60 BREAK The “Hot Spots” Privacy Conflicts of Interest Compensation Arrangements Regulatory statistics Industry statistics BREAK Curatives and Preventatives Corporate Ethics Statements Individual Professional Ethics Statements BREAK Studies in Professional Ethics Case Studies 180 (3 C.E. Hours) Narrative Description / Learning Objectives This three hour seminar is a fast-paced examination of many facets of professional ethics. The seminar is in five major parts, and is designed to give participants an overview of approaches to professional ethics issues. The first section discusses the difference between personal ethics and professional ethics, using the example of covenants not to compete. Some professions’ ethical standards frown on covenants; other professions embrace them. The main objective here is to demonstrate that professional ethics are not necessarily intuitive. The second major section reviews objective ethical standards that are embraced in four major areas: case authorities describing the obligations owed to a client; contract requirements describing obligations owed to companies; statutory duties owed to the public by virtue of licensure; and trade association standards providing the goals and standards to which members of the profession should aspire. The third section reviews and is designed to educate participants on the ethical “hot spots,” the areas where professionals are, at least statistically, most likely to encounter difficulties. This section focuses on the recent, headline-grabbing issues of compensation and privacy of information, and also reviews enforcement statistics from various states and industry groups. Section four addresses the use of ethics statements, both personally and on an agency-wide basis. Borrowing ethics statements and standards from a variety of industries and professions, this section is designed to instruct participants on a “best practices” approach to developing, fostering and maintaining an ethical environment. The last section is an opportunity for participants to put to use the prior sections. Small discussion groups review actual, case-based situations to determine the best ethical resolution and decide how the controversy could have been avoided. Speaker Biography Richard S. Pitts is a 1983 graduate of Wabash College and a 1986 graduate of Indiana University School of Law – Indianapolis. Pitts clerked for the Honorable Patrick D. Sullivan, a judge of the Indiana Court of Appeals in 1986-87. Rick is admitted to practice before Indiana state and federal courts, the United States Supreme Court and the United States Court of Appeals for the Seventh Circuit and is a member of local, state and national bar associations. Pitts has served as a panelist and lecturer on a variety continuing education subjects, including the Americans with Disabilities Act, “Mold: Issues Under the Microscope” for the Indiana Continuing Legal Education Forum (ICLEF), and “Insurance Issues for Builders” for the Indiana Builders Association. In 2007, Rick provided continuing education seminars to the Professional Independent Insurance Agents of Illinois and has conducted continuing education seminars in other states. Rick has also served as chair of ICLEF’s “Advanced Corporate Practice” seminar and as a faculty member for various construction law seminars for Lorman Education Services. Pitts has co-authored two articles appearing in the Indiana Law Review. Pitts serves as general counsel to the Independent Insurance Agents of Indiana, Inc. As counsel to the “Big I,” Rick speaks annually at the association’s New Laws Seminars and teaches various seminars on insurance and employment related matters. Pitts is also general counsel to Arlington/Roe & Co., Inc., an Indianapolis-based managing general agent.