Exclusivefocus Summer 2012.pdf - National Association of ...
Exclusivefocus Summer 2012.pdf - National Association of ... Exclusivefocus Summer 2012.pdf - National Association of ...
working in connection with” the Agreement.)Most producers will have signedtheir own Allstate non-compete already.But absent an independent agreement,agency employees should be free to do asthey choose, so long as they don’t do it onbehalf of the terminated agent.Confidential InformationIn addition to the non-compete provisionsin Section 18, the R3001 containsrestrictions on the use of “CompanyProperty” and “Confidential Information.”The restrictions and related definitionscan be found in Section 4 of thecontract.Confidential Information is definedto include “information regarding thenames, addresses, and ages of policyholdersof the Company.” The restrictionssurvive the termination of theagreement indefinitely, and, in Allstate’sview, they prevent agents from keepingcustomer lists or information.This is an especially thorny topic. Inmy experience, many judges dislike attemptsto stop sales professionals fromusing the customer contacts that theprofessionals themselves have developed.But others will say, “You agreed to it, soyou are stuck with it.” I repeat my earlieradvice: agents should consult with theirattorney if faced with specific questionsor concerns.Termination PaymentsTerminated agents receiving TPPneed to be wary of violations of the noncompeteand other contract provisionssince Allstate claims the right to discontinuethose payments if a breach occurs.If an agent finds herself cut-off due toan alleged breach, she needs to exploreher legal options. She certainly has anargument that, unless Allstate can provea violation and resulting damages, sheshould keep her TPP.Recent ActivityIt is difficult to track Allstate’s effortsto monitor agent activity and to enforcethe provisions of the contract followingtermination. Anecdotal evidence suggeststhe Company has assigned at leastone member of its corporate legal team topepper former agents with threat lettersand nasty phone calls if violations are suspected.Unfortunately, this lawyer seemsto be taking a “shoot first and ask questionslater” approach. An agent receiving achallenge should not ignore it. Instead, heshould consult with his lawyer, documenthis compliance, and respond.Agents Who Know the Rules and KnowTheir Rights will be FineThe key to a smooth transition liesin taking the time to learn and understandthe rules and the agent’s rightsunder them. With that information inhand, the terminated agent can map outa course of conduct that meets her personalobjectives and satisfies her commitmentsto the Company. If she hasleft Allstate, or if Allstate has terminatedher, odds are good she is “done” with theCompany and not interested in a harassingletter or phone call. EfDirk Beamer serves as General Counsel toNAPAA and helps NAPAA track legal issuesof interest to its members. NAPAA has providedthis update for informational purposesonly. The contents should not be construed aslegal advice or an endorsement from NAPAAor its attorneys, and NAPAA expressly disclaimsany such advice.Income for life!Sound good? We thought so too. Which is why we’re now offeringthis service to NAPAA members. Introducing, Income Solutions ® –a retirement annuity program created specifically to help youmaintain a reliable, lifelong revenue stream.Learn more about this program and other innovativesolutions at the RetirementSolutions website:www.EZRetirementSolutions.com/NAPAARetirementSolutions Innovative solutions for today’s retirement income challenges.© 2008, UNFCU Financial Advisors LLC, a United Nations Federal Credit Union owned company.EZRS_NAPAA_HalfPg2.indd 18/31/09 5:18 PM40 — Exclusivefocus Summer 2012
investingPIIGS on the Wing (and other sightings)By Marcus BrudererImay be dating myself a little bit herebut I remember Pink Floyd’s 1977 album“Animals” with songs titled “Pigs”and “Pigs on the Wing”. The four bandmembers must have known somethingwe are only now beginning to realize.Government Deficitsand Public Debts35 years later we look at a number ofcountries, namely Portugal, Ireland, Italy,Greece and Spain – now commonly referredto as PIIGS – dominating muchof the economic news because theirgovernments’ spending habits, whichhave caused their national debts to reachcritical levels. The European Union hasbeen struggling for the better part of twoyears with the crisis and there is no endin sight.The key factors being considered aretheir respective budget deficits as a percentageof the Gross Domestic Product(GDP) and the government debt as apercentage of the GDP.The obvious problem for Greece andItaly are the very high levels of governmentdebt at 120% (Italy) and more than160% (Greece). Adding to the pain isGreece’s budget deficit of nearly 8% ofGDP. Riots have become a regular occurrencethere and one retiree even sethimself on fire publicly because of hisdesperate situation. There are eerie similaritiesto the Argentinean default in2001, which led to widespread turmoil inthat country.The European Union is trying veryhard to avoid a spread to other countries,most notably Spain and Italy as they representmuch larger economies, to keepthe situation under control. But early lastmonth, countries in the Eurozone foundthemselves approving a bank rescue planthat could cost up to $125 billion to bailout the Spanish banking sector.What should very much concern usis that the PIIGS could take wing andland in our own front yard. As a matterof fact, the U.S. is not in a much betterposition than some of these countries(see chart below).Low Interest RatesWith budget deficits projected to continueat the current pace unless drasticmeasures are taken, the mid to long-termprospects for the U.S. economy becomerather clouded.Bill Gross, Warren Buffet and LarryFink have contrasting views of how toposition their investments. Bill Grossbought back U.S. Treasuries for the bondmutual funds and ETFs he is managingat PIMCO (after having sold themin the spring of 2011). He believes thatinvestors will favor U.S. Treasuries overother countries’ debt in light of the ongoingtroubles in Europe.While inflation is not perceived asa current threat, there may be externalfactors that could lead to higher bondyields. Except for Ireland, which is makingprogress towards stabilizing its fiscalposition, the other PIIGS countrieshave seen rising yields being demandedby investors in order to issue new bondsfor their governments. Meanwhile, thestronger countries such as Germany,Sweden and Switzerland are being rewardedwith lower borrowing costs (seechart on page 42).The day may not be too far away whenChina and Japan demand better returnsas a condition of their buying more U.S.Treasuries.Both Warren Buffet (the chairman ofBerkshire Hathaway) and Larry Fink(the head of BlackRock) believe thatyields have moved so low that bonds areunattractive and even represent a signifi-Summer 2012 Exclusivefocus — 41
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investingPIIGS on the Wing (and other sightings)By Marcus BrudererImay be dating myself a little bit herebut I remember Pink Floyd’s 1977 album“Animals” with songs titled “Pigs”and “Pigs on the Wing”. The four bandmembers must have known somethingwe are only now beginning to realize.Government Deficitsand Public Debts35 years later we look at a number <strong>of</strong>countries, namely Portugal, Ireland, Italy,Greece and Spain – now commonly referredto as PIIGS – dominating much<strong>of</strong> the economic news because theirgovernments’ spending habits, whichhave caused their national debts to reachcritical levels. The European Union hasbeen struggling for the better part <strong>of</strong> twoyears with the crisis and there is no endin sight.The key factors being considered aretheir respective budget deficits as a percentage<strong>of</strong> the Gross Domestic Product(GDP) and the government debt as apercentage <strong>of</strong> the GDP.The obvious problem for Greece andItaly are the very high levels <strong>of</strong> governmentdebt at 120% (Italy) and more than160% (Greece). Adding to the pain isGreece’s budget deficit <strong>of</strong> nearly 8% <strong>of</strong>GDP. Riots have become a regular occurrencethere and one retiree even sethimself on fire publicly because <strong>of</strong> hisdesperate situation. There are eerie similaritiesto the Argentinean default in2001, which led to widespread turmoil inthat country.The European Union is trying veryhard to avoid a spread to other countries,most notably Spain and Italy as they representmuch larger economies, to keepthe situation under control. But early lastmonth, countries in the Eurozone foundthemselves approving a bank rescue planthat could cost up to $125 billion to bailout the Spanish banking sector.What should very much concern usis that the PIIGS could take wing andland in our own front yard. As a matter<strong>of</strong> fact, the U.S. is not in a much betterposition than some <strong>of</strong> these countries(see chart below).Low Interest RatesWith budget deficits projected to continueat the current pace unless drasticmeasures are taken, the mid to long-termprospects for the U.S. economy becomerather clouded.Bill Gross, Warren Buffet and LarryFink have contrasting views <strong>of</strong> how toposition their investments. Bill Grossbought back U.S. Treasuries for the bondmutual funds and ETFs he is managingat PIMCO (after having sold themin the spring <strong>of</strong> 2011). He believes thatinvestors will favor U.S. Treasuries overother countries’ debt in light <strong>of</strong> the ongoingtroubles in Europe.While inflation is not perceived asa current threat, there may be externalfactors that could lead to higher bondyields. Except for Ireland, which is makingprogress towards stabilizing its fiscalposition, the other PIIGS countrieshave seen rising yields being demandedby investors in order to issue new bondsfor their governments. Meanwhile, thestronger countries such as Germany,Sweden and Switzerland are being rewardedwith lower borrowing costs (seechart on page 42).The day may not be too far away whenChina and Japan demand better returnsas a condition <strong>of</strong> their buying more U.S.Treasuries.Both Warren Buffet (the chairman <strong>of</strong>Berkshire Hathaway) and Larry Fink(the head <strong>of</strong> BlackRock) believe thatyields have moved so low that bonds areunattractive and even represent a signifi-<strong>Summer</strong> 2012 <strong>Exclusivefocus</strong> — 41