By: Misha Lee | IIAW Lobbyist

Despite unique challenges for candidates brought on by Coronavirus, the 2020 Wisconsin partisan elections, both primary (Tuesday, August 11th) and general (Tuesday, November 3rd), are beginning to take shape. June 1st was the deadline for all candidates to file nomination papers in order to get on the ballot. Depending on the level of office, the minimum number of signatures required varies from 200 to 2,000. Those candidates who filed nomination papers will appear on the ballot unless they did not turn in sufficient signatures to qualify or if some of their signatures are challenged and dismissed leaving them with inadequate signatures to obtain ballot access. The Wisconsin Elections Commission (WEC) meets on June 10th to certify candidates and will also review information on any ballot access issues or challenges of certain candidates.

In summary of the 2020 electoral landscape, there are a total of 21 open seats (10 Republicans, 11 Democrats) where incumbents have either announced they are not running for re-election or are running for a different office. Of those, one-third of them are current members of the 33-member State Senate. The Senate will be a much different looking body next year. Spring 2020 brought about the unexpected announcement from State Sen. Fred Risser (D-Madison), America’s longest serving state lawmaker in history, that he will retire after a historic 64-year run serving in the legislature.

Six other members of the State Senate will be leaving at year’s end, including State Sen. Dave Craig (R-Big Bend, chairman of the Senate

Insurance Committee, Republican Senate Majority Leader Scott Fitzgerald who is running for Congress, and longtime insurance industry ally, State Sen. Luther Olsen (R-Ripon). Eighteen incumbent lawmakers have no opponent in their re-elections (11 Republicans, 7 Democrat); 4 legislators will only have a primary election (2 Republican, 2 Democrat); 68 legislators have a general election only; 33 districts have both a primary and a general election and 10 seats have a 3rd party candidate also running.

See an unofficial list of all candidates at https://bit.ly/JulyGovAffairs.

The 2020 elections are sure to be historic with a hotly contested Presidential election between Donald Trump and Joe Biden setting the stage at the top of the ticket. Even more unprecedented for candidates and voters alike will be the unique nature of these elections in particular amid concerns over COVID-19.

Already, many events around the state have been cancelled and customary campaign tactics and strategies put on hold which pose challenges for candidates to be able to effectively reach voters. National and state polls this early are likely to be inaccurate indicators of what will happen on election day. But what does remain to be seen is what will the mood of the electorate be come August and November and how will it impact challenger candidates versus incumbents.

By: Swiss RE Corporate Solutions

*This article was featured in our May 2020 Wisconsin Independent Agent Magazine. Click here to read the full May 2020 issue. 

You are all very aware of the events of the last several weeks and the Coronavirus. We are not health experts and there are many others more qualified to give you that advice. We CAN, however, give advice regarding how to reduce the likelihood of an errors and omissions exposure as a result of this event. We have already become aware of some attorneys who are trying to take advantage of this situation for monetary gain against insurance agents. Our advice during this event is no different from what we have said in the past. If your agency has developed good practices, you will be better positioned to avoid problems. Here are the practices of a good insurance agency:

• DON’T MAKE CLAIMS DECISIONS! Let the insurance carriers do that. 

• DON’T ADVISE YOUR CUSTOMERS IF CORONAVIRUS related    items are COVERED OR NOT! Let the insurance carriers do that. 

• If a carrier takes the position that losses arising from the Coronavirus are not, or may not be covered, do not engage in advocacy asserting that “We thought it was covered...” That will simply be used by your client to prove that you knew the client wanted coverage for perils like the Coronavirus, but you failed to procure coverage.

• Report all claims and potential claims to EACH AND EVERY    CARRIER that could potentially have a policy that could apply. This includes CGL, Personal lines, Umbrella, Excess, Workers Compensation, Specialty and any other policy in place for your    customers.

• USE THE RESOURCES PROVIDED BY YOU BY THE IIABA. It is a valuable resource for you, your staff and your agency that provides many sources of information. 

• Be empathetic, but don’t tell anyone that something is covered    or not. You can continue to tell them you feel sympathy for all affected by the Coronavirus, but customers MUST report a claim to their insurance carrier to determine if there is any coverage for the event.

• Remember, if you executed an agency agreement with one or more insurance companies, you MUST report all claims or potential claims as required by that agreement, even if your customer tells you not to do so.

• Maintain vigilant contact with your insurance carriers to determine what action THEY want you to take.

• DOCUMENT DOCUMENT DOCUMENT!!! This continues to be

the foundation of sound E&O risk management. DOCUMENT 

EACH AND EVERY TELEPHONE CONVERSATION, EMAIL, 

TEXT, TWEET, OR ANY OTHER TYPE OF COMMUNICATION 

WITH YOUR CUSTOMERS!

• Assume that any telephone conversations with your customers or carrier claims representatives ARE BEING RECORDED. While some states prohibit recording of telephone conversations without advising that they are doing so, IT DOESN’T STOP SOME PEOPLE FROM DOING SO. 

• If you use social media for your business, make sure it is up to    date! Do not make any promises that something may or may not have been covered by insurance companies and policies. 

• DO NOT GIVE ANY STATEMENTS, RECORDED OR OTHERWISE, WITHOUT FIRST CONTACTING YOUR E&O PROVIDER. The Swiss Re Corporate Solutions/Westport Insurance Company/First Specialty Insurance Company claims staff are available if you have any questions about any communications you receive. 

• If you have a conversation with your customer that leads you to believe that they may be fishing to make a claim against you, DO NOT HESITATE to contact our claims department. 

• DON’T MAKE CLAIMS DECISIONS! DON’T ADVISE YOUR 

CUSTOMERS IF SOMETHING IS COVERED NOR NOT! Let the

insurance carriers do that. We know this was stated before, but it must be ingrained in your mind. 

• If the Coronavirus ends up being declared a “catastrophe” by 

the ISO Property Claims Service, you may be eligible under your Westport policy for “Cat Extra Expense” benefits: “CATASTROPHE EXTRA EXPENSE. We will pay up to $25,000 per catastrophe subject to a per POLICY PERIOD aggregate limit of $50,000 for the actual extra expenses incurred by you as a result of a catastrophe during the POLICY PERIOD beginning on the date of a catastrophe and for thirty (30) days thereafter. The extra expense incurred must be incurred by you only to assist in the insurance claims processing needs of your customer(s) who have been affected by the catastrophe. The catastrophe must be a declared catastrophe by the Property Claims Services. A $500 deductible for each catastrophe shall apply. Limits provided by this paragraph are part of and not in addition to the limits

provided by this POLICY.”

We hope that this will help you as this event progresses. If you should have any questions, please let us know.