XL Insurance Promotes Mc Enery to Sr. VP, Central Region Executive

December 3, 2010

XL Insurance has promoted William F. Mc Enery to senior vice president (SVP) and Central Region executive, North America Property & Casualty (P&C). McEnery is based in Chicago.

Previously U.S. Middle Market manager – Central Region, Mc Enery will now direct business development activities across XL Insurance's P&C lines in a 19-state region.

Mc Enery has 30 years of insurance industry experience. He joined XL Insurance in 2008 to help build its Upper Middle Market unit which provides multiline coverages to large and mid-size businesses. Prior to XL Insurance, Mc Enery was Central Region vice president and chief underwriting officer for North American Field Operations for CNA Insurance Co. He has held numerous underwriting management positions with CNA and Zurich Insurance Co.

Source: XL Insurance

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West Virginia Jury Finds Official Defamed Employee Over Internet


A former Jefferson County employee has won a lawsuit that accused a county commissioner of defaming him with an Internet posting.


Media outlets report that the jury ordered County Commissioner Patsy Noland to pay George Privitera $3,700 in compensatory damages and $1,300 in punitive damages. The decision came after less than an hour of deliberations.


Privitera's lawsuit said Noland defamed him by criticizing his job performance in a posting on a local electronic mailing list.


The lawsuit sought $70,000 in damages. But Privitera's attorney, Harry Waddell, said he and his client were happy with the verdict.


Noland said she's relieved that the case is over. The county's insurance will pay the damages.

Florida Agent Leader Johnson to Retire

December 3, 2010

After more than 40 years in the insurance industry, Scott Johnson, executive vice president of the Florida Association of Insurance Agents (FAIA), will be retiring in December. Johnson has served the FAIA since 1974.

Johnson's career in insurance began in the early 1970s when he worked for the Florida insurance commissioner before transitioning to FAIA in 1974 as an educational instructor. Involved in many facets of FAIA during his tenure, Johnson has played a large role shaping the association as a leading advocate for insurance agents and their customers.

During the last few decades, Johnson has worked to strengthen the insurance industry, he is an expert on insurance fraud and many of his recommendations regarding Florida's property insurance market have been embraced by the industry and policymakers.

Johnson has served on various committees for Citizens Property Insurance Corp. and on the board of the Florida Auto Joint Underwriting Association. He has offered testimony before numerous committees of the Florida Legislature.

"Scott has been a tireless advocate for independent agents and his experience is unparalleled," said Jeff Grady, president and CEO of FAIA. "His professionalism, technical expertise and ability to articulate complex subjects are a rare combination that will be sorely missed."

Johnson served as president of the Florida Society of Association Executives in 1991 and received that group's Executive of the Year Award in 1995. He has written two books: "From Cartels To Competition," which tracks the competitive evolution of insurance and the history of independent agents, and "Platforms of Success," a detailed and motivational examination of the sales process for "high-end" intangible products such as insurance.

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ReSource Intermediaries Acquires Reinsurance Advisory Services


ReSource Intermediaries Inc. has acquired San Francisco-based Reinsurance Advisory Services Inc. (RAS). Financial details of the transaction were not disclosed.


RAS, a risk advisor and reinsurance intermediary focused on health care, launched in 2003 by founder Peter Robinson.


Robinson will now serve as a principal and report to ReSource Intermediaries President Bob Kennedy. ReSource Intermediaries is the reinsurance advisory and brokerage operation of Integro.


RAS operates in managed health care, health, accident, property catastrophe and casualty reinsurance markets, and works extensively with health plans and insurance companies owned by multi-hospital systems and other provider groups. The firm's client base includes national, regional and purpose-built insurance companies; federal and state governmental entities; alternative risk entities such as captives and risk retention groups; and managing general underwriters.

Wolfram Named President of Great American Supplemental Benefits


Great American Financial Resources named Bradley A. (Brad) Wolfram president of its Austin, Texas-based Great American Supplemental Benefits (GASB) Group. He succeeds Billy Hill, who will retire at the end of 2010.


Great American Financial Resources is a member of Cincinnati, Ohio-based Great American Insurance Group.


Wolfram began his career with GASB in August 2006 as executive vice president and chief operating officer. In this role, he had responsibility for insurance operations related to GASB's Medicare Supplement, Long Term Care, Life, Cancer, Annuity and other supplemental products sold by several agency channels including career and brokerage distributions.


Prior to joining GASB, Wolfram served as executive vice president and chief operating officer of the Medical Division of Ceres Group Inc., a company acquired by Great American Financial Resources in August 2006.


Wolfram brings 25 years of industry experience to this role, having held leadership positions at Conseco Inc., and Pioneer Life Insurance Co.

Crop Bounty Spurs Construction Boom at Midwest Grain Elevators


A construction boom has been under way at grain elevators across the Great Plains, where farmers have grown more corn and opted to keep more of the grain to meet the demand from ethanol plants.


Storage capacity at the nation's federally licensed grain elevators is at an all-time high, but there's still not enough in states like Kansas and Nebraska, where millions of bushels of grain have been piled up outside elevators at risk of damage from foul weather.


Low interest rates have made it less expensive to build elevators, and commodity markets have encouraged farmers to store crops during the harvest glut to wait for better prices later in the season. The result has been a busy year for construction, most of it at existing elevators that are expanding.


The work has created temporary jobs during the weeks it takes to build the storage, but the bigger impact for rural towns may be the boost in property taxes that will accompany the expansions. That could help schools and municipal services.


"You have the initial effect of the people employed temporarily to actually build the facility. That is an undeniable aspect of it and just shows the importance of the grain-handling industry in Kansas to the economy in the rural areas of the state and even to the urban areas, but particularly to the rural areas," said Dan O'Brien, an agricultural economist at Kansas State University


Grain storage must be licensed, bonded and insured by the state or federal government to protect farmers if a facility becomes insolvent or suffers a disaster. Much of this year's new construction has not yet been licensed and counted, but the U.S. Department of Agriculture reported earlier this year that federally licensed storage had reached a historical high of more than 4.5 billion bushels. That number does not include state-licensed elevators or the on-farm storage bins that are not licensed.


The new construction includes two 140-foot-tall concrete silos being built at the Pawnee County Co-op Association's elevator in Larned, a central Kansas community of about 4,200 people. The concrete bins will add some 600,000 bushels in capacity -- a welcomed addition given that the elevator now has a million bushels of corn piled on the ground a mile away, exposed to the weather, said Hugh Mounday, the co-op's general manager.


The Great Bend Co-op Association has added concrete grain silos at three elevators in central Kansas over the past four years, building in Seward, Pawnee Rock and Ellinwood. Elevators make money by charging farmers to store their grain or by buying their harvest to sell later on commodity markets.


Storage rates have nearly doubled in Kansas in the past decade as growth of the ethanol industry created demand for corn and sorghum, and a need to store the grain until it's turned into fuel. About 17 percent, or 142 million, of the bushels produced in Kansas go to ethanol production within the state.


"Storage rates have gone up tremendously in the last five years," Great Bend general manager Frank Riedle said. "It is more lucrative to have storage, but mostly we just have to keep up with the farmers -- they produce more grain."


Kansas' total production of major crops -- wheat, corn, sorghum and soybeans -- had been hovering under a billion bushels, according to USDA statistics. Last year, it was 1.4 billion bushels and it is estimated to be 1.3 billion bushels this year.


Woofter Construction and Irrigation Inc., based in Colby, built metal grain bins this year for nearly 5 million bushels in Kansas, Colorado, Oklahoma and Nebraska, salesman Larry McDonald said. The work that started this spring and continued through the fall probably provided 200 to 250 jobs if outside crews, millworkers, electricians and other contractors are counted, he said. His company employs about 60, and he needs to hire eight to ten millwrights now, he said.


"I've got probably more projects to bid on than I can physically get done," McDonald said. "We could use more people."


The nation harvested a record 13.1 billion bushels of corn last year and this season's crop is forecast to total some 12.5 billion bushels. The strong harvests are due to a variety of factors, especially weather and seed improvements that allow farmers to grow more without expanding their operations.


Iowa, where corn has been a staple crop for years and the ethanol industry has been more established, is better able to handle the glut than places like Kansas, where less productive crops like wheat have been traditionally grown. Kansas is expected to harvest its second largest corn crop on record in 2010.


One measure of how much trouble elevators are having in keeping up with the growth is the number of licenses issued for temporary storage, such as bunkers where grain is stored on the ground and covered by tarps. Last month, Kansas alone had 132 million bushels of temporary storage -- a significant amount given that the state has some 900 million bushels of permanent state and federally licensed commercial storage, said Tom Tunnel, executive director of the Kansas Feed and Grain Association, the industry trade group representing elevators.


At least 15 million bushels of permanent storage capacity was added in Kansas alone last year, Tunnell said.


"The price of commodities has risen, they can't afford to store it in piles," said Larry Endress, a salesman for Cornbelt Fabric Structures, based in Bradford, Ill. The company, which builds fabric-topped storage structures, has put in 3.5 million bushels of new storage capacity in Kansas, Nebraska, Illinois and Wisconsin in the past year.


But O'Brien warned that elevators might not always see such demand, particularly if another drought occurs.


"I don't think they will be sitting empty by any stretch, but I do think that you will have some ups and downs," he said. "Kansas is very cyclical in terms of its weather. Over time, I am sure we will have times when we won't be busting at the seams as we are in some locations right now."

Texas October Enforcement Actions Result in $1M in Fines, Restitution


The Texas Department of Insurance enforcement actions for October 2010 include seven license revocations, and fines and restitution totaling $1,045,697.


An order imposing disciplinary measures becomes final 20 days after the individual or entity has received notice of the order unless a motion for rehearing is filed within that period. A motion for rehearing stays the finality of an order until the Commissioner of Insurance acts upon the motion or upon the operation of law. Commissioner's orders are subject to appeal to state district court.


TDI Final Disciplinary Orders for October 2010:


Allstate Insurance Company of Northbrook, IL
Order Number: 10-0884
Date of Order: 10/8/2010
Order Final In: October
Action Taken: Ordered to pay $879,510 to State of Texas as part of multistate agreement
Violation: Failed to maintain adequate management oversight of claims adjusting software.


Barrera, Rene P.E. of McAllen
Order Number: 10-0869
Date of Order: 10/1/2010
Order Final In: October
Action Taken: Qualified Inspector Appointment revoked
Violation: Failed to timely respond to Department inquiries


Carothers Abstract & Title Company d/b/a Land Exchange Abstract & Title Company of Killeen
Order Number: 10-0946
Date of Order: 10/29/2010
Order Final In: October
Action Taken: Fined $3,500
Violation: Failed to timely remit guaranty fees


Childs, Eraka Lashawn of Houston
Order Number: 10-0935
Date of Order: 10/22/2010
Order Final In: October
Action Taken: Escrow Officer License revoked
Violation: Failed to properly close a transaction as provided in Basic Manual; Acted as an escrow officer in name of unlicensed agency


Cooley, Shawn Michael of Dallas
Order Number: 10-0885
Date of Order: 10/8/2010
Order Final In: October
Action Taken: General Life, Accident and Health License revoked
Violation: Misappropriated or converted money belonging to an insurer or insured


Copperas Cove Abstract & Title Company d/b/a Land Exchange Abstract & Title Company of Copperas Cove
Order Number: 10-0947
Date of Order: 10/29/2010
Order Final In: October
Action Taken: Fined $2,500
Violation: Failed to timely remit guaranty fees


Fidelity National Title Insurance Co.; Lawyers Title Insurance Corp. now known as Fidelity National Title Insurance Co.; Commonwealth Land Title Insurance Co.; Chicago Title Insurance Co.; Ticor Title Insurance Co. now known as Chicago Title Insurance Co.; Alamo Title Insurance Co. of Jacksonville, FL
Order Number: 10-0931
Date of Order: 11/30/2010
Order Final In: October
Action Taken: Fined $25,000
Violation: Failed to submit statistical report information in the form prescribed by the Department; Failed to timely submit calendar year 2009 statistical data


Koonce, Tracy Gail of Whitewright
Order Number: 10-0937
Date of Order: 10/22/2010
Order Final In: October
Action Taken: Escrow Officer License revoked
Violation: Misappropriated or converted money belonging to an insurer or insured; Made a material misrepresentation on a license application


Lafleur, Tracey Rochelle of Houston
Order Number: 10-0886
Date of Order: 10/8/2010
Order Final In: October
Action Taken: Escrow Officer License revoked; Must pay restitution of $56,687
Violation: Engaged in unauthorized business of insurance


Marriott, Darrell Lynn of Kemp
Order Number: 10-0936
Date of Order: 10/22/2010
Order Final In: October
Action Taken: County Mutual License revoked
Violation: Engaged in fraudulent or dishonest acts or practices


McDowell, William R., P.E. of Corpus Christi
Order Number: 10--0868
Date of Order: 10/1/2010
Order Final In: October
Action Taken: Qualified Inspection Appointment revoked
Violation: Filed inspection reports containing false or ficticious statements


Prominent Title, LLC of Austin
Order Number: 10-0949
Date of Order: 10/29/2010
Order Final In: October
Action Taken: Fined $3,400
Violation: Failed to timely remit guaranty fees


Santiago, Katherine Irene of Round Rock
Order Number: 10-0938
Date of Order: 10/22/2010
Order Final In: October
Action Taken: General Life, Accident and Health License and General Property and Casualty License revoked; Must pay restitution
Violation: Criminal offense - theft


Sha, LLC d/b/a Firstcare of Austin
Order Number: 10-0887
Date of Order: 10/8/2010
Order Final In: October
Action Taken: Fined $70,000
Violation: Improperly tier rated coop employer groups based on claims experience; Improperly allowed employers to limit health care plans offered to employees; Failed to attempt to settle claims resulting in balance billing of plan enrollees


Smiley, Jeffrey Alan Sr. of Brownsboro
Order Number: 10-0878
Date of Order: 10/6/2010
Order Final In: October
Action Taken: General Life, Accident and Health License and the General Property and Casualty License revoked
Violation: Misappropriated or converted money belonging to an insurer or insured


Smith, Don Alan of Bryan
Order Number: 10-0933
Date of Order: 10/22/2010
Order Final In: October
Action Taken: Fined $3,600
Violation: Failed to file PG3 reports with Department


Stell, Richard "Rick"; Contractor's Advantage Inc.; Stellar Administration Inc.; Contractor's Consortium, L.L.C. of Spring
Order Number: 10-0950
Date of Order: 10/29/2010
Order Final In: October
Action Taken: Cease and desist from engaging in business of insurance
Violation: Unauthorized insurance


Thomas, Sara Linda of San Antonio
Order Number: 10-0934
Date of Order: 10/22/2010
Order Final In: October
Action Taken: Fined $1,500; General Life, Accident and Health License suspended for one year
Violation: Provided false proof of insurance card