Agent Informer News stories of interest to Allstate Agency Owners published by the National Association of Professional Allstate Agents, Inc. This complimentary issue of Agent Informer is meant to acquaint you with our email publications. NAPAA membership includes weekly newsletters as well as other membership benefits. July 29, 2008 National Association of Professional Allstate Agents, Inc. To: Allstate Agency Owners From: The National Association of Professional Allstate Agents, Inc. Subject: Windows Mobile for NRG After reviewing the latest offering from Sprint/Microsoft, NAPAA is impressed with its features, accessories and overall value. This special offer is outlined below. We believe it is a good deal for Allstate agents and think you’ll agree. Allstate, in preparation for the roll out and implementation of its NRG initiative, has been working with various vendors to bring agencies new technologies to make it easier for them to do business. The Sprint/Microsoft deal, recently announced by Allstate, lets agents access company email on mobile devices, allowing them to send and retrieve emails from allstate.com from nearly any location. So, even when you’re away from the office, you can create and send new messages or respond to emails in real time. We believe this technology will be a huge benefit for busy agency owners. With this tool, agency owners could almost manage their agencies from home! In addition to special pricing, Allstate agents will also receive the following as part of the package: - Free Mobile Phones from Sprint (Brand New Windows Mobile 6 devices - see below) - Free Training from Microsoft - Free Bluetooth Accessory Pack (Retail Value $109.99) - Custom ordering and Support (AllstateAgent.CallSprint.com) There are two ways to order your Free Phone: *To order online click here www.AllstateAgent.CallSprint.com *To order by phone call (888) 804-8591 Both the Website and the toll free number are specific to this offer. You can also ask questions and choose the right device and plan for your business. Once you receive your free phone, it will be necessary to set up your email account with Allstate. To set up your account, please visit the Agency Gateway and search for “PDA.” This is a revolutionary change in the way agents can conduct business at Allstate. NAPAA felt it was important to bring this message to you. You should also know that NAPAA is not being compensated for sending this email to you. I hope you found this information useful. Best regards, Jim Fish Jim Fish Executive Director National Association of Professional Allstate Agents, Inc. NAPAA President conducts Agent Communication Meetings July 28, 2008, NAPAA Headquarters NAPAA will be hosting a series of Agent Communication Meetings across the country in the upcoming months. We begin this road show in Florida, where a series of meetings will be held this week to answer questions and concerns facing Florida Agents. NAPAA President, Bob Isacsen, NAPAA Attorney Dirk Beamer, and NAPAA Lobbyist Keri Rayborn will conduct the FL meetings which are open to all Allstate agents and staff. Wed - July 30 1:30pm – Hilton Miami Airport – 5101 Blue Lagoon Drive, Miami 305-262-1000 6:00pm – Marriot Coral Springs – 11775 Heron Bay Blvd, Coral Springs, 954-753-5598 Thurs - July 31 9:30am – Embassy Suites Palm Beach Gardens, 4350 PGA Blvd. (at I95) 561-622-1000 6:00pm – Hilton Garden Inn Ft Myers, 12600 University Dr, 239-790-3500 Friday - August 1 10:00am – Hampton Inn Sarasota I-75 Bee Ridge, 5995 Cattleridge Rd. 941-371-1900 3:30pm – Embassy Suites Tampa Airport/Westshore, 555 North Westshore Blvd. 813-875-1555 Admission is free; for more information, please call : 877.627.2248 The National Association of Professional Allstate Agents, Inc. is a nonprofit professional trade association for Allstate agents. NAPAA provides its members with reliable communications on issues that affect agency owners and their customers every week. NAPAA further serves its members by acting on their behalf and speaking with a distinct and unfettered voice on a wide range of issues. Our operations, including our publications, Website and office expenses are funded by member agents who pay membership dues. NAPAA is dedicated to advancing the interests of Allstate agency owners and their customers by promoting professionalism and ethical practices. By becoming a member of NAPAA, you are joining a special group of Allstate agents. As a rule, NAPAA members are the first to find out about breaking news about the company and the industry. As an example, NAPAA broke the news about what happened to agents in Canada last year – no one else was covering the story. We continue to follow this story and our members hear the latest updates first. The Canadian Experiment story is just one of several that the company would prefer you didn’t know about. Staying informed so that you are better able to make educated decisions about your business and your career is just one of the many benefits of NAPAA. Unity and strength are essential for a strong agent association. By joining NAPAA today you can help us grow even stronger. Please support NAPAA with your membership today. Click here to join online: Join NAPAA or Make a 2 minute call now – 877-627-2248 – We’ll complete your membership application for you! NAPAA is a professional trade association, membership dues are $350 per year, or $29 per month by EFT, and are tax deductible as an ordinary business expense. Analysts lower full-year estimates on Allstate Analysts lower Allstate estimates, concerned by life insurance segment, investment portfolio July 24, 2008, Associated Press NEW YORK (Associated Press) - Following a 98 percent drop in Allstate Corp.'s second-quarter profit, analysts expressed concern over the future of the insurer's life insurance segment and the inherent risk in its investment portfolio. Late Tuesday, the Northbrook, Ill.-based company reported net income below Wall Street's estimates, due to a record level of second-quarter catastrophe losses. The company also said its net investment income declined 14 percent, due to exposure to certain real estate and financial services-related assets, while operating income from its life insurance segment, Allstate Financial, also declined. Lehman Brothers analyst Jay Gelb subsequently lowered his full-year profit estimate to $5.40 per share from $5.45 per share. Analysts polled by Thomson Financial, on average, forecast earnings of $5.50 per share for the year. Gelb cut his estimate due to management's outlook for Allstate Financial. The company expects this business to generate quarterly operating income in the range of 65 percent to 75 percent of recent periods, which Gelb estimates as being in the $100 million range going forward. Management could seek strategic alternatives for this segment, said Gelb, who has an "Equal Weight" rating and a $49 target price on the stock. On the other hand, Wachovia Securities analyst Susan Spivak Bernstein, is concerned by the company's investment portfolio. "While Allstate is proactively seeking to mitigate its investment risk, we can't foresee a situation where there will not be additional writedowns," she wrote in a note to clients. Bernstein's "Market Perform" rating on the stock reflects uncertainty surrounding the investment portfolio, as well as the company's high catastrophe exposure. Lower forecasted investment yields also led Friedman, Billings, Ramsey & Co. analyst Bijan Moazami to lower 2008 estimates on the company, to $5.55 per share from $5.70 per share. Shares dipped 83 cents, or 1.8 percent, to $45.34 Thursday. Shares have traded between $42.51 and $59.23 in the past 12 months. Employer Has Burden Of Proof In Age Cases, Says High Court June 19, 2008, By Arthur D. Postal, NU Online News Service [Excerpt] The Supreme Court ruled today that it is an employer’s responsibility to prove that an employee was laid off for reasons other than age. Interpreting the Age Discrimination in Employment Act of 1967, the court held that an employer bears “both the burden of production and the burden of persuasion” for the “reasonable factors other than age.” The decision was handed down in Meacham vs. Knolls Atomic Power Laboratory, 06-1505. The case dealt with whether the burden of proof will rest with employees who file suit claiming age bias, or with the employer letting them go. Paul Mickey, a partner and employment practices specialist at Steptoe & Johnson here in Washington, said he is advising that, as a result of this decision, “it is vital for an employer taking steps that may disproportionately affect older workers--such as implementing a reduction-in-force--to be prepared to support its actions with solid analysis and documentation, so as to meet its burden of persuading the judge or jury that it was motivated by good business justifications and not by age bias." The case that was decided involved Knolls Atomic Power Laboratory, a government-owned naval research facility. The justices, by 7-1, said employers defending themselves in certain age discrimination cases must provide convincing evidence that factors other than age were the basis for their decisions involving a worker. At the Knolls research facility there were involuntary layoffs in 1996 that were based on number of years on the job, performance and skills. Justice David H. Souter said the “text and structure of the reasonable factors other than age” affirmative defense under the ADEA showed that Congress meant to create an “affirmative defense for which the burden of persuasion falls on the employer.” He said earlier court precedents made clear that a disparate-impact claim under the ADEA must isolate and identify “the specific employment practices that are allegedly responsible for any observed statistical disparities.” Justice Souter said, “This is not a trivial burden, and it ought to allay some of the concern that recognizing an employer’s burden of persuasion on an RFOA [reasonable factor other than age] defense will encourage strike suits or nudge plaintiffs with marginal cases into court; but in the end, such concerns have to be directed at Congress, which set the balance by both creating the RFOA exemption and writing it in the orthodox format of an affirmative defense.” Customer moving out of state? Do your customer a favor. Call 877-627-2248 or go to www.napaausa.org and click on Agent to Agent Referral. We'll give you the name of a NAPAA member who can help your client in their new area. Join NAPAA now to get your name on the referral map. Allstate Settles Bad-faith Lawsuit July 10, 2008, By Dan Margolies, The Kansas City Star A bad-faith case against Allstate Insurance that drew national attention and prompted the judge to levy fines against the insurer topping $7 million has been settled on undisclosed terms. A court hearing on whether to approve the settlement has been scheduled for July 21, the day the case was scheduled to go to trial before Jackson County Circuit Judge Michael Manners. Attorneys for both sides declined to disclose the terms of the settlement. Mike Siemienas, a spokesman for Allstate, the nation’s second-biggest home and auto insurer, said the company was pleased the case had been resolved but declined to elaborate. The case stemmed from a collision on Interstate 70 near the U.S. 65 exit. On Sept. 15, 2000, Warrensburg resident Dale Deer stopped in a construction zone. Some time later, a car driven by Paul Aldridge of Hawaii and traveling an estimated 70 miles an hour slammed into the rear of Deer’s pickup truck. Deer staggered out of the truck. He was taken to a hospital and released later that day. In 2003, he was diagnosed with severe damage to his back and neck, which doctors attributed to the accident. Deer sued Allstate and Aldridge for his medical expenses, which ran into the hundreds of thousands of dollars. Allstate eventually agreed to pay him $750,000 plus interest. That would have ended the matter, but Allstate did not pay him. Deer sued the insurer again. This time Allstate settled for about $1.2 million. In the meantime, Aldridge also sued Allstate, claiming that it had mishandled his case and acted in bad faith. Attorneys for both Aldridge and Deer sought Allstate documents to show how the company set up a claims payment system in the 1990s that low-balled clients and allowed the company to reap huge profits. Allstate refused to produce the documents, which it said contained trade secrets used to create policies and claims procedures. Releasing them, it said, would give the plaintiffs’ lawyers information on trial strategy. The documents included slides prepared in the early 1990s by McKinsey & Co., a consulting firm that allegedly advised Allstate to settle claims quickly for pennies on the dollar and fight claimants who resisted — for years, if necessary. One slide was titled “Good Hands or Boxing Gloves,” an allusion to the insurer’s “You’re in good hands with Allstate” slogan. After Allstate refused to turn over the documents, Manners last September held the insurer in contempt and fined it $25,000 per day. The fine eventually grew to more than $7 million. In November, the Missouri Supreme Court ordered Allstate to disclose the documents. Allstate turned over more than 120,000 pages. The documents have figured prominently in other litigation and regulatory proceedings. In January, Florida’s insurance commissioner, Kevin McCarty, suspended Allstate’s authority to sell insurance in that state after it resisted subpoenas to produce the documents. A Florida appeals court later upheld McCarty’s ruling. The suspension was lifted after Allstate furnished a sworn affidavit stating that it had turned over the documents and would comply with additional document requests. In April, Allstate posted on the Internet 150,000 pages of documents related to its claims-handling practices. In an accompanying statement, Allstate said, “Public criticisms by people with a vested interest in creating an inaccurate picture of the company’s claim practices have been based unfairly on only snippets from the documents taken out of context. Because of the need to address misunderstandings resulting from the growing misplaced focus by our critics on very small pieces of the whole, we have decided to make the documents public.” Study Reveals Worst Insurers July 9, 2008, By Anita Lee, the Sun Herald Allstate is the nation's worst insurance company for consumers, an association of lawyers who sue big business concludes in a report released Wednesday. "The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits," the American Association for Justice concludes. Researchers spent six months compiling information from court documents, SEC and FBI records, state insurance department investigations and complaints, nationwide news accounts, and testimony of former insurance agents and adjusters. "We're not surprised we're being targeted by the trial and personal injury lawyers because Allstate has been at the forefront of the fight against insurance fraud and the effort to resist unreasonable demands made by lawyers," Allstate spokesman Michael Siemienas said Wednesday. "If trial lawyers and personal injury lawyers don't like Allstate, the facts show that consumers do." The AAJ says the U.S. insurance industry collects more than $1 trillion in premiums annually, and has $3.8 trillion in assets, surpassing the Gross Domestic Products of all countries but the United States and Japan. Robert Hartwig of the industry-sponsored Insurance Information Institute said consumers should consider the source: litigious attorneys who help drive up insurance costs. He also said the industry has paid out nearly $300 billion to tens of millions of policyholders across the country over the past 20 years. The top 5 offenders on the list: 1. ALLSTATE - CEO, Thomas Wilson; 2007 compensation, $10.7 million; 2007 profits, $4.6 billion; assets: $156.4 billion. "According to investigations and documents Allstate was forced to make public, the company systematically placed profits over its own policyholders... The amount Allstate paid in claims dropped from 79 percent of its premium income in 1996 to just 58 percent 10 years later. In auto claims, payouts dropped from 63 percent to just 47 percent. 2. UNUM - CEO, Thomas Watjen; 2007 compensation, $7.3 million; 2007 profits, $679 million; assets, $52.4 billion. "Unum, one of the nation's leading disability insurers, has long had a reputation for unfairly denying and delaying claims.." 3. AIG - CEO, Robert Willumstad; 2007 compensation for former CEO, 14.3 million; 2007 profits: $6.2 billion; assets, $1.06 trillion; "AIG executives have also come under fire for opportunistically seeking price increases during catastrophes. Now the company has been labeled 'the new Enron' because of charges of multibilliondollar corporate fraud." 4. STATE FARM - CEO: Edward B. Rust Jr.; 2007 compensation, $11.7 million; 2007 profits: $5.5 billion; assets, $181.4 billion. "In many cases, the company has gone to extreme lengths to avoid paying claims, including forging signatures on earthquake waivers after the deadly Northridge earthquake, and altering engineering reports regarding damage after Hurricane Katrina." 5. CONSECO - CEO, C. James Prieur; 2007 compensation: $2.6 million; 2007 profits: $179.9 million; assets: $33.5 billion. "Conseco sells long-term-care policies, typically to the elderly. Unfortunately, Conseco uses the deteriorating health of its policyholders to its advantage because the company knows if it waits long enough to pay out claims, its customers will die." Email letter to Allstate President Tom Wilson July 10, 2008 Hi Tom, I’m sure you’ve seen the news article [above]. This is the kind of press that makes it difficult for agents to sell the Allstate brand to new clients. This story, along with others from Florida, Missouri and Canada, only serve to tarnish the Allstate brand. NAPAA believes it is paramount for the success of the company and its agents to preserve the dignity and integrity of the Allstate brand. We could be invaluable in helping the company better understand what is happening at the field level. NAPAA representatives stand ready to meet personally with you in order to help resolve this and other critical issues. To arrange a mutually convenient meeting, please contact me at your convenience. Respectfully, Jim Fish Jim Fish Executive Director National Association of Professional Allstate Agents, Inc. 877-269-3474 Have a great 2008 with first-rate Internet Leads… Here’s an example of what Allstate agents are saying about Hometown Quotes: "We will continue to be long-term HometownQuotes customers because the service has been outstanding!" Wisconsin Agent Go to NAPAAUSA.ORG – Agency Resources – Lead Sources Romero vs Allstate Update July 28, 2008, NAPAA Headquarters The Romero plaintiffs and EEOC each filed briefs on June 2, 2008 in connection with the appeals taken from Judge Fullam's decision of June 20, 2007, which granted summary judgment in favor of Allstate. Allstate was to have filed its opposition within 30 days. NAPAA has learned that Allstate has requested and been granted additional time to respond. We will continue to monitor the case, and update agents as we learn more. See details and history at the Allstate Agents Litigation Website. Advertisement Call E-chx for Great Rates on Payroll Processing Payroll Processing – Direct Deposit – Employee Homepages – NAPAA Membership included ($350 value) – Over 5,000 Satisfied Customers. For more information, contact Tom Mistretta at 866.312.8863 or via email at tmistretta@e-chx.com Increase your revenue while your customers save money Here’s an example of what Allstate agents are saying about International Card Establishment: "I earned an extra $250 this month, simply by asking the small businesses in my neighborhood if they would like to save money on their credit card processing fees. It was that simple, because Kinzie did the rest!" – Allstate Agent I.C.E will enhance your cash flow, without violating your contract. Call Kinzie Visser at I.C.E for details 866-423-2491 ext 571 Go to NAPAAUSA.ORG – Agency Resources – Consumer Center What’s Next in Florida? July 23, 2008, NAPAA Headquarters, Gulfport, MS Many Florida Allstate agents believe that the events regarding the suspension of Allstate’s Certificates of Authority in Florida are over. Not true. If you recall, on May 14th the First District Court of Appeal's Final Opinion denied Allstate’s motions for rehearing, lifting the stay on the suspension. The suspension lasted only two days before the Florida Office of Insurance Regulation stayed the suspension following receipt of an affidavit from Allstate certifying that it had complied with Florida law by freely providing all documents requested by the Office of Insurance Regulation. Allstate continued its appeal to the Supreme Court of Florida, where on June 18th, The Court denied Allstate's petition for review, declining to accept jurisdiction. Case 08-782 Documents In the interim, the Florida Division of Administrative Hearings was drawn into the fray. Initially, the hearing had been set for June 16th. On May 20th, Allstate and the OIR filed a joint Motion for Continuance with the DOA, requesting the June 16th hearing be rescheduled to a later date. On May 29th, The State of FL Division of Administrative Hearings granted the Motion for Continuance and moved the June 16th hearing to September 15th. DOA Order. This proceeding involves three allegations: 1. Allstate’s alleged failure to comply with the document request 2. Falsely asserting trade secrets and 3. False certification of its September rate filing. So, Allstate still has to clear at least one more hurdle before this matter can be put to rest. The company could be in for an uphill battle, however. The mood of the regulators and the insuring public are not industry friendly at the moment. Agents in Florida will now watch closely as the OIR begins the process of reviewing the State Farm request for 47.1% rate increase filed this week. The State Farm request will be the subject of a hearing scheduled for August 12th, in Tallahassee. This also figures to be a contentious hearing. NAPAA continues to closely monitor the events in Florida. NAPAA President Bob Isacsen, attorney Dirk Beamer, and lobbyist Keri Rayborn will be conducting agent communication meetings in several Florida cities from July 30th through August 1st. UPS Versus FedEx in Ohio Tax Showdown June 24, 2008, By John Hughes, Bloomberg [Excerpt] A secret report from a lobbyist who represents United Parcel Service Inc. prompted an Ohio state investigation into employment practices of FedEx Corp., leading to a finding that FedEx owed back taxes and interest. Kenneth Kies, a Washington tax lawyer and lobbyist whose firm has been paid US$540,000 by UPS since 2002, sent Ohio officials a 562-page report in December 2006 alleging that FedEx misclassified truck drivers as contractors. A copy of the report, including a cover letter in which Mr. Kies asked for confidentiality, was released to Bloomberg News by Ohio officials. "We took it and opened our own investigation," said Judi Cicatiello, Ohio's unemployment compensation deputy director. She said it was "very" unusual to get such detailed allegations. Her agency determined in May 2007 that the drivers were employees and FedEx owed US$654,000 in taxes and interest. The company is appealing. The report is the first disclosure indicating that UPS may have played a role in prompting an investigation of FedEx's employment of 15,000 drivers as independent contractors. The strategy gives FedEx a cost advantage over UPS, whose 91,800 drivers are covered by a contract with the Teamsters Union. The benefit for companies such as Memphis, Tennessee-based FedEx may be as much as 30% compared with treating the workers as employees and providing retirement and health benefits, said Marick Masters, a professor at the University of Pittsburgh's Katz School of Business who studies labor issues. Since 2002, FedEx has gained 9 percentage points in market share on Atlanta-based UPS. Neither company discloses wage and benefit expenses by employee type. The dispute may affect other industries. Companies that use some of the 10.3 million people working as independent contractors in the U.S. include Home Depot Inc., Allstate Corp. and Avon Products Inc., FedEx Chief Executive Officer Fred Smith said Jan. 10 on a call with analysts. Newspaper publishing companies also have faced scrutiny over whether their carriers are employees or independent contractors. FedEx's labor practices have been under investigation in 25 states and prompted a lawsuit as a class action covering drivers in 20 states. FedEx said in December that it may have to pay US$319-million in back taxes and penalties to the Internal Revenue Service for worker misclassification in 2002. California Orders Allstate to Cut Home Insurance Rates 28.5% July 10, 2008, By Lilla Zuill, Reuters Allstate Corp. will have to lower its rates on California homeowner policies by 28.5 percent making an estimated $255 million in annual savings for consumers, the state's Insurance Commissioner Steve Poizner said. Allstate spokesman Peter DeMarco, in a statement, said the company was "disappointed" in the order but planned to comply. Northbrook, Illinois-based Allstate had initially filed for a 9.3 percent increase in homeowners insurance rates, according to Poizner's statement. He ordered the rate reduction after an administrative law judge recommended the cut. Consumers will save an average of $242 per policy on an annual basis, according to the statement. The rate order follows one earlier this year, forcing Allstate to cut its auto policy rates in California by 15.9 percent NAPAA – HELPING YOU HELP YOUR CUSTOMERS PET Health Insurance Endorsed and approved by NAPAA: How many times have your customers asked about pet insurance? Now Allstate agents and their customers qualify for NAPAA’s 5% Association Discount at PetPlan USA. To obtain the 5% discount, please mention or enter discount promotion code SPD20013 when you visit NAPAAUSA.org, Agency Resources, Consumer Center or when you call 1.866.467.3875 Allstate Insurance Faces $60 Million Lawsuit after Restructuring June 25, 2008, Canadian Employment Law Today Allstate Canada’s attempts to cut costs by consolidating offices has left it facing a $60 million class-action lawsuit from some of its former agents. On July 24, 2007, the insurance company announced it would be moving its 450 agents from 256 neighbourhood offices across Canada into 100 larger offices, beginning in May 2008. Most agents weren’t pleased, particularly senior agents, some of whom ran the neighbourhood offices as their own businesses, handling the hiring of staff and management of finances. However, under the consolidation, the 100 new offices will be owned and run by Allstate. The consolidation also outlined significant changes to the contract terms of the agents, including taking away sales commissions on policy renewals. Allstate said it would guarantee agents’ level of pay for two years, but most didn’t bite as the changes would result in overall pay cuts for many, some by as much as 50 per cent. Agents tried to discuss the situation with the company but it wouldn’t budge from its position. More than 70 agents have since quit, though Allstate told the Toronto Star it had hired sufficient replacements. When some tried to continue working with clients as independent brokers, Allstate sued them for breaching non-compete agreements they had signed. However, in March, the Ontario Superior Court of Justice found the agreements weren’t valid, considering the way Allstate and changed their contract terms and ruled the company couldn’t enforce them. On May 20, three agents, Mark Cassels of Hamilton, along with Esther Kafka and Ken Patel of Windsor, launched a class action lawsuit on behalf of all the agents for making “substantive material changes to the employment contract terms with all of its sales agents,” which was a breach of contract and the Employment Standards Act. They also claimed Allstate’s guarantee of their level of income for two years was unlikely to be borne out. The case hasn’t been heard yet, but in the March decision that struck down the non-compete agreements, the court said there was a good chance Allstate will be found to have repudiated its employment contracts with the changes. Allstate Comments on California Homeowners Rate Ruling July 10, 2008, Company Press Release [Excerpt] Allstate Senior Corporate Relations Manager Peter DeMarco today issued the following statement regarding the California Department of Insurance's order to lower Allstate's homeowners rates in California by 28.5%: "While we are disappointed in this order, we respect the authority of the Department and will comply. We are reviewing the order in detail and communicating with the Department about the process for adjusting the rates of our 850,000 homeowners policyholders in the state. Californians can continue to rely on more than 1,300 Allstate agents to help them with insurance and retirement needs." Buy Ink and Toner at Special Prices From Rhinotek - The only Ink and Toner Vendor approved by NAPAA Rhinotek and NAPAA have reached an agreement which includes special pricing on Ink and Toner for all Allstate agents. For more information call 1.800.695.7446 Florida Supreme Court Declines Jurisdiction in Allstate Matter June 20, 2008, By Brent Kallestad, Associated Press [Excerpt] The Florida Supreme Court declined Wednesday to grant Allstate Corp. an injunction to force Florida insurance regulators to let the company write new car insurance and other policies in the state. The company sought the action after the Office of Insurance Regulation ordered it to stop writing the policies for failing to comply with requests for documents on its business practices. However, Allstate since turned over most of the documents and was allowed to resume its entire line of business in Florida. The company had turned to the Supreme Court after the 1st District Court of Appeal rejected its effort for an injunction last month. "The Supreme Court's decision reassures Floridians that the office has full access to insurers' books and records and upholds the office's actions in its efforts to protect consumers,'' state Insurance Commissioner Kevin McCarty said June 18. Allstate officials did not immediately return phone messages for comment on the court's decision. If the high court accepted the case it could have effected Allstate's scheduled September hearing before the Department of Administrative Hearings, said Ed Domansky, spokesman for the Office of Insurance Regulation. The scheduled weeklong hearing involves the alleged failure of Allstate's 10 Florida companies to comply with the document request, falsely asserting trade secrets and the false certification of its September 2007 rate filing. BEWARE… Identity theft takes place every 3.1 seconds in the United States Protect yourself from Identity theft with NAMESAFETM NAPAA members and their customers receive a 15% discount off the price of enrollment ($99/year is reduced to $84/year). Use code NAPAA15 at www.NAMESAFE.com The price of enrollment includes all legal support, prosecution support, and a $1 million service guarantee. Make sure you are protected with NAMESAFETM Report: Data Breaches Up 69 Percent July 11, 2008, NU Online News Service A study by a nonprofit group that works to prevent fraud takes note of a news report that insurers and other businesses, governments and universities disclosed a 69 percent increase in data breaches in the first half of 2008 compared with a similar period in 2007. The Identity Theft Resource Center in San Diego tracked 342 data-breach reports from Jan. 1 to June 27, said a Washington Post story. More than one-third of the reports came from businesses, a 27 percent increase over total breaches in 2007. The center found that data breaches among health care providers and banks also increased. They now account for 15 percent and 10 percent of the breaches, respectively. Hacking was the least-cited cause of data breaches in the first six months of this year. Instead, lost or stolen laptops and other digital storage media remain the most frequently cited cause of data breaches, accounting for more than 20 percent of all reported cases, the article noted. Within the insurance industry, Willis Group Holdings brokerage said recently that the company along with police was investigating the loss of an unspecified amount of computer data affecting a number of clients and employees. In a statement that was limited in detail Willis said it was looking into the loss of data on backup tapes. The loss occurred recently while in transit to a storage facility. Willis said the tapes “were inadvertently misplaced.” The brokerage is working with law enforcement to recover the tapes and an investigation is continuing. Citing the involvement of law enforcement, a spokesman for the firm said he could not say where the tapes were lost or how many individuals could be affected. He did say the loss was not global and it affected a small portion of clients and Willis associates. BEWARE… Identity theft takes place every 3.1 seconds in the United States Protect yourself from Identity theft with NAMESAFETM NAPAA members and their customers receive a 15% discount off the price of enrollment ($99/year is reduced to $84/year). Use code NAPAA15 at www.NAMESAFE.com The price of enrollment includes all legal support, prosecution support, and a $1 million service guarantee. Make sure you are protected with NAMESAFETM Note on letters: The opinions expressed in letters are not necessarily those of NAPAA. Letters should be brief and are subject to editing. We will publish letters anonymously; however, we will not accept letters sent anonymously. The views expressed by NAPAA, or any of its positions relative to its activities and those of its members' actions on behalf of this organization, are expressly those of NAPAA, and do not reflect the views or opinions of Allstate Insurance Company, or any of its affiliates. This newsletter may not be redistributed or reproduced in any form, including electronically, without prior written permission from NAPAA. Contact Information for Agent Informer Newsletter & NAPAA Headquarters: E-mail: ExecutiveDirector@napaausa.org Fax: 866/627-2232 National Association of Professional Allstate Agents, Inc. (NAPAA) P.O. Box 7666, Gulfport, MS 39506-7666 Toll free Phone: 877/627-2248 Toll free Fax: 866/627-2232 E-mail: HQ@napaausa.org Web Site: www.napaausa.org