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Tell Your Customers Why They Don’t Need You

You probably want your customers to trust you. And you probably tell them the truth about why they should buy from you.

You might think that’s enough for them to trust you, but of course it’s not. Oddly, what’s missing is telling them something about why they might not need you. Here’s why.

Consider these two sentences:

1. If you’re serious about wealth management, then you should consider whole life insurance as part of your portfolio.

2. If you distinctly need insurance coverage in addition to an investment product, then you should consider whole life insurance as part of your portfolio.

The first paragraph is a form of manipulative selling–like the assumptive close (“OK, shall we start on Monday or on Wednesday?”), or inducing a series of ‘yes’ answers (“Now, I assume you want your children to be taken care of, right?”).

Most people get annoyed when asked a question to which there’s only one reasonable answer. And most of us consider being asked that question a reason not to buy from the asker. So–don’t do that.

Instead, ask a question that allows reasonable people to answer differently.

Ask Questions that Allow Buyers to Self-Select

The second sentence is different. It provides information by distinguishing between people who might find value in the product and those who might not. Phrased that way, it not only educates the customer, it allows the customer to make a decision to opt-in or opt-out.

Most salespeople get nervous about questions that allow customers to opt out. Not, however, salespeople who understand the power of trust.

By giving a customer knowledge that permits opting out, a salesperson is putting him—or herself at risk. But without risk, there can be no trust—only control and the illusion of choice.

The reason trust works in sales is because human beings reciprocate when they are trusted. They appreciate being treated as adults, they appreciate not being manipulated and they appreciate being given choices that help them make intelligent decisions.

And they show their appreciation by buying, disproportionately, from those who treat them that way.

Let your customers know why they might not need you.

What Costs More Than a $1,000 Per Hour Lawyer?

Beginning just three years ago, some large firm legal fees reached that amount – about $17/minute – providing fodder for legal bloggers, and Internet articles on a variety of topics, including new marketing opportunities and excessive fees for bankruptcy matters to name just a couple. Only senior lawyers in the largest firms actually charge that much, and that’s to large companies on non-commoditized work. What about the rest of us? What makes a service worth that much to us? On my daily walks with Sam, we have a lot of epiphanies. Here’s one we came up with just before a Nor’Easter looming on the horizon. And no, this isn’t a rant about lawyers and their fees.

This is about snowplowing. I can only talk about the Boston area. Here, snowplowing costs anywhere between $35-50 per 3 inches of snow per driveway (the rest of you can fill in your own numbers). The average time per driveway – 3-5 minutes.

Here’s what’s interesting to me. Why is a homeowner willing to pay about $10/minute to anyone with a snowplow, yet would complain about that rate for most other services. I applied the Trust Equation to this question.?

  • Credibility: We’d prefer they not wreck the lawn or dig up the driveway, but if they do, well, things happen. We do want them to actually clean up the snow though.
  • Reliability: Jackpot. We’re paying for them to show up. Fast, and often if needed. If they show up relatively on time, they’re worth it. If they don’t, they’re not. Simple as that.
  • Intimacy: No need to empathize with us or share. Just do what is a straightforward job.
  • Self-orientation: If they want to tell us how great they are, it’s fine–just do the job.

This is a transaction, so Intimacy and low Self-orientation just don’t matter. However, Reliability is so important that we’re willing to pay more per minute than just about any other service we get. Credibility is important only in that the job be done reasonably well.

This made us think–where else is Reliability and Credibility so important that we’re willing to pay extraordinarily high rates so we can get it? Here’s our very short list:

a. Ambulance services. This is way out of line on a per minute basis. We’re paying for the competency to be available when we need it. Imagine if the costs were less, and they were only available at certain times. We have to pay more so they’re ready when we need them.

b. Travel–last minute. When you have to get home fast, you’ll pay multiples of the regular cost. I was in Dallas, and was required to stay 4 hours later than my flight. My round trip was about $350. My return flight 8 hours later on the same day was $1800. I wasn’t happy but I was willing to pay it. While air travel is not incredibly reliable, it’s more reliable than alternatives to travel long distances. I knew I’d get home.

Conclusion? Time sensitive needs merit higher rates, particularly where there are limited resources (like snowplows during a storm, planes to a specific destination, ambulance services), knowing you can use the service and it’s reliable is worth whatever it costs up to a point. What that point is depends on our need at the time.

Crying In Your Beer Is Just a Waste of Good Beer

I’m a huge fan of country music. In small doses, that is. One of the great things about country music is how it speaks to the heart, about real human emotions.

Then again—after a certain point, dwelling on those emotions can turn toxic on you. It’s easy to get addicted to crying in your beer and there are plenty of country songs to feed the addiction.

Dwight Yoakam, for my money, has got the top spot of this genre nailed down. Here’s verse 1 and chorus from Lonesome Roads:

Where did I go wrong

You know I haven’t got a clue;

I must’ve just been born no good–

Bad’s the best that I can do.

Lonesome roads, the only kind I ever traveled,

Lonesome rooms, the only place I’ve ever stayed.

I’m just a face out in a crowd that’s turnin’ ugly—

Poor ol’ worthless me’s the only friend I ever had.

There is something comforting about a beautiful song that articulates your own melancholy. Early Bob Dylan could do that for me (think Sad Eyed Lady of the Lowlands, or better yet, Visions of Johanna). Come to think of it, the words don’t even have to make sense; they just have to mirror your deep melancholy.

But then there’s life. The sun comes up the next morning and the dishes are still in the sink, the car’s engine light is still blinking, and your secret inamorata at work still doesn’t appreciate the ennobling of your soul that can only come from crying in your beer alone with Dwight or Bob. All you’ve done is waste some good beer.

The trouble with emotions is they attract the same. You empower what you fear; you attract what you put out. Beer-crying is the ultimate in high self-orientation; it’s a trust-killer. Why would anyone trust someone whose aim is to amplify his feelings of misery?

Five Steps to Stop Crying in Your Beer

You don’t need me to tell you it’s a stupid waste of time. As David Maister wrote in his book Strategy and the Fat Smoker, the issue is not one of diagnosis, but of implementation. What can you do to get out of the funk? Here are five steps.

1. It may sound obvious, but it belongs #1 on the list: give Yoakam and Dylan a rest. Go listen to something a bit more extroverted. Pretty much anything will do. Though may I suggest Robert Randolph and the Family Band?

2. If you’re hungry, get something to eat. (Unless, that is, you’ve got eating issues. In which case, do not revert to beer).

3. If you’re tired, go take a nap.

4. Get outdoors, preferably in the daytime. Get some exercise. Go volunteer to walk dogs at the local animal shelter.

5. Go meet some other human beings. (Preferably not in a bar. Though if bar is unavoidable, look for pop, rock or jazz on the jukebox).

And if you can’t manage that, then give my regards to Dwight. I miss the guy from time to time.

A Better New Year’s Resolution

I wrote a good blog post at this time four years ago, and haven’t improved on it yet. Here it is again.
Happy New Year.

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New Year's resolution 2011My unscientific sampling says many people make New Years resolutions, but few follow through. Net result—unhappiness.

It doesn’t have to be that way.

You could, of course, just try harder, stiffen your resolve, etc. But you’ve been there, tried that.

You could also ditch the whole idea and just stop making resolutions. Avoid goal-failure by eliminating goal-setting. Effective, but at the cost of giving up on aspirations.

I heard another idea: replace the New Year’s Resolution List with a New Year’s Gratitude List. Here’s why it makes sense.

First, most resolutions are about self-improvement—this year I resolve to: quit smoking, lose weight, cut the gossip, drink less, exercise more, and so on.

All those resolutions are rooted in a dissatisfaction with the current state of affairs—or with oneself.

In other words: resolutions often have a component of dissatisfaction with self. For many, it isn’t just dissatisfaction—it’s self-hatred. And the stronger the loathing of self, the stronger the resolutions—and the more they hurt when they go unfulfilled. It can be a very vicious circle.

Second, happy people do better. This has some verification in science, and it’s a common point of view in religion and psychology—and in common sense.
People who are slightly optimistic do better in life. People who are happy are more attractive to other people. In a very real sense, you empower what you fear—and attract what you put out.

Ergo, replace resolutions with gratitude. The best way to improve oneself is paradoxical—start by being grateful for what you already have. That turns your aspirations from negative (fixing a bad situation) to positive (making a fine situation even better).

Gratitude forces our attention outwards, to others—a common recommendation of almost all spiritual programs.

Finally, gratitude calms us. We worry less. We don’t obsess. We attract others by our calm, which makes our lives connected and meaningful. And before long, we tend to smoke less, drink less, exercise more, gossip less, and so on. Which of course is what we thought we wanted in the first place.

But the real truth is—it wasn’t the resolutions we wanted in the first place. It was the peace that comes with gratitude. We mistook cause for effect.

Go for an attitude of gratitude. The rest are positive side-effects.

Take My Gift Card–Please: A Trust Moment in the Restaurant Business

Establishing Trust in the Restaurant BusinessI seldom get to deal in up-beat stories. At the heart of my practice in financial litigation and disputes lie the predations of the white-collar malefactors, abusing their roles of public and private trust in ways of questionable legality and dubious ethics and morals.

So I was recently pleased to be on the receiving end of a restaurant employee’s demonstration that trust in “doing the right thing” works to everyone’s advantage. Here’s the story:

My father-in-law seriously loves Joe’s Stone Crab in downtown Chicago. But he is deprived, largely confined out in the far suburbs. So to elicit favor in the family, I volunteered to arrange an order that I would deliver in person.

When I passed by Joe’s for the pick-up, I met in person my order-taking telephone contact – the personable and accommodating Emily. Emily was swamped on a busy Saturday, doubling as coatroom attendant and take-out order manager. But she was the picture of helpfulness; what more can you ask than, “It’s ready – right up from the kitchen.”

I proffered a gift card for $100 – change for the $97 order neither expected nor offered. Then came her sheepish smile:

“I’m sorry, sir, but there’s a problem. Our gift cards say they’re only good Sunday through Friday.”

My countenance has almost no ability to conceal my feelings – not least of the reasons I never think of playing poker. Fortunately, something in the spirit of the holiday season impelled me to disappointment, rather than frustration or irritable hostility.

“Emily, that surely can’t be the right answer. It’s just a take-out – it’s not as if there’s a group taking up a table.”

(I chose not to press the point, but a pre-paid gift card differs from a freebie or a discount coupon, for which there would be some arguable justification for limits to off-peak use. Here the restaurant had enjoyed the full advance use of the cash value for months.)

“I’ll see what I can do,” and off she went. Meanwhile I contemplated a Plan B – I could simply walk out in a snit.

But then the already-packaged order would simply go to waste, and I would let down my in-laws. Lose-lose-lose.

She was back in less than a minute. “It’s fine – we’ll take the card. No problem.”

Far better than “no problem.” Using her tact and flexibility, Emily bolstered her employer’s revenue, encouraged a sure-to-repeat customer, and delivered to me both a burst of good will with my relatives and a lovely example of the benefits of empowered workers.

Thanks to you, Emily, and to whoever trained and trusted you to do a good job.

The December Trust Matters Review

Trust that leaders and co-workers will do the right thing is at the heart of many trust issues, so Kristen Renwick Monroe‘s article on the roots of moral courage is must reading for those concerned with trust issues.

Horiwood.com makes the case that Assange destroyed much less political trust than many other issues of the past ten years.

Aaron Lawton at New Zealand’s Stuff reports that top swimmer Moss Burmest is stopping swimming because of a trust issue.

John Hunter notes that Nordstrom’s employee handbook used to be a single card saying “use good judgment in all situations”. That isn’t the case anymore and John explores why.

Matt Bai on why “Don’t Touch My Junk” is a sign of distrust in government.

Phil Bernstein discusses the big issues of trust in the AEC (Architect, Engineering and Construction) industry.

Harvard Business School Dean Nitin Nohria on one way to fix low trust in business.

Brett King discusses why Paypal is more trusted than banks and how banks can get that trust back.

Tom Terez writes on the role of visibility in creating trust at work.

Todd Smith explains how confidentiality, which is part of what we call intimacy, builds trust.

Bruce explains how bicyclists and cars show the high trust in Copenhagen. This is real trust, because if you’re wrong, you may be dead.

Confessions of a term paper hitman. Can you trust that your employees actually earned their degrees or that profs can catch plagiarism (or even try?) Ed Dante (a pseudonym) tells you of the dark world of custom papers and even theses.



The Trust Matters Review highlights the best articles and posts on trust our research has turned up in the last month.

If you’d like to share a great article about trust, let us know, in the comments here or through the Trust Matters Review submission form.

For more links to outstanding articles on trust, see:

Upcoming Events and Appearances: Trusted Advisor Associates

Join us at one or more upcoming Trusted Advisor Associates events. In January we’ll be hosting or participating in events in Fairfield, New Jersey; Seattle, Washington; Portland, Oregon and through the globally accessed radio show "Trust Across America."

Also, a few words about the new Trusted Advisor Mastery Program, and an offer to vote in this year’s Annual Top Sales Awards. 

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Wed. Jan. 12th        Global/Radio         Charles H. Green

Charles H. Green will be guest-hosting the Trust Across America Radio show, interviewing David Gebler on trust and ethics in business. 

Thurs. Jan. 20th          Fairfield, NJ     Charles H. Green  

Charlie is speaking, hosted by Wharton Alumni Club of New Jersey on Trust, Influence and Advising. Club Cucina Calandra, Fairfield NJ, 6PM.  Open to public: Sign up through January 12, $59.  From January 13 – 19, $79


Wed. Jan. 24th            Seattle, WA       Charles H. Green

University of Washington, evening:  Details/venue to be announced: email us at [email protected] to be notified of details when finalized.


Mon. Jan. 25th            Portland, OR     Charles H. Green

Charlie is luncheon speaker at the CFA Society of Portland luncheon; subject Building and Maintaining Trust with Clients and Prospects. Open to the public, click to register here. 

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The current edition of the Trusted Advisor Mastery Program is entering its fourth week. Members are sharing, experiences, generating insights.   Some perspectives: 62 Tips for Selling in a Recession.

Don’t miss being notified about the next Trusted Advisor Mastery Program, write to: [email protected]

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Vote for your favorite Sales Blog at The Annual Top Sales Awards.  

RainToday: Top Sales Awards

RainToday.com is one of the best sites on the web for learning how to grow your service business. I have been a Contributing Editor with them for several years now. 

What impresses me most about them is the consistently high quality and professionalism of the writers they have gathered together, and of the programs they have designed.  If you are involved in the marketing and sales of any kind of professional services, you need to know RainToday.com.

With that as background, it’s not surprising that three of my fellow RainToday contributors have been nominated for recognition by The Annual Top Sales Awards, celebrating excellence in the global sales community:

·    Jill Konrath, for Top Sales Blog, Top Sales Book, and Top Sales Personality;

·    Kendra Lee, for Top Sales Article;

·    Wendy Weiss, for Top Sales Blog.

This blog, Trust Matters, has also been nominated in the Top Sales Blog category, and I have to tell you, it’s a real honor to find myself in the company of people who have given so much to the professional sales community.

If you’d like to encourage and applaud their outstanding contributions to the field of professional sales, please click on the award category links above to cast your vote. It’s free, it doesn’t require registration, and it only takes a few seconds, and you can cast a new vote (legally!) every day until the polls close on December 13.

And if you’d like to expand your own knowledge base about professional sales and succeeding with a service business, do yourself a favor, too, and visit Jill, Kendra and Wendy‘s sites, and the other Top Sales Awards nominees.

What Doctors and Salespeople Can Learn From Each Other

Jerry Groopman is a medical doctor by profession. He is also an inquisitive person who for many years has been fascinated by the ancillary aspects of doctoring, such as the business of medicine. In his 2008 book How Doctors Think, he explores the varying ways in which doctors approach the need to figure out what’s going on in the human body.

Groopman’s overall message is that medicine is converging on a mechanistic approach to diagnosing. There’s a tendency to rely on “preset algorithms and practice guidelines in the form of decision trees.” (Insurance companies like this approach too). 

Together with an increasing reliance on evidence-based medicine, this drives thinking more and more “inside the box,” with less and less emphasis on the wildly varying kinds of intelligence needed to deal with the wildly varying mysteries of the human animal. 

What Doctors Can Learn from Salespeople

Given the trends above, it’s scary, albeit not surprising, to learn from Groopman this statistic:

 “…on average, physicians interrupt patients within eighteen seconds of when they begin telling their story.”

Eighteen seconds. Now cut to sales uber-guru Neil Rackham, in response to my question, “What’s the single biggest sales problem, and the hardest-to-correct sales problem?”

…the most pervasive one is also the hardest to correct. I’d call it “premature solutions”. [many salespeople] mistakenly believe that the sooner they can begin solving the problem, the more effective they will be.

Our earliest research showed that top salespeople didn’t focus on solutions until very late in the sale. Less successful salespeople couldn’t wait to begin showing how their products and services could solve a customer problem.

So most salespeople don’t spend enough time listening and questioning. The moment they think they have the answer, they jump straight to talking about their solution. As a result they don’t do a good enough job of understanding issues from the customer point of view. And if customers don’t feel that they are listened to and understood, there’s an inevitable loss of trust.

Message to docs: if you start cutting off patients after 18 seconds, you’ll get bad data, you’ll make bad diagnoses, and you’ll get little compliance with treatment. Not to mention low referral business.

What Salespeople Can Learn from Doctors

On the other hand, there are great and not-so-great doctors, just as there are salespeople. Here’s what one great doc had to say:

 “Osler essentially said that if you listen to the patient, he is telling you the diagnosis…Once you remove yourself from the patient’s story, you no longer are truly a doctor.”

The great advantage of open-ended questioning is that it maximizes the opportunity for a doctor to hear new information. What does it take to succeed with open-ended questions? The doctor has to make the patient feel that he is really interested in hearing what they have to say…

…Even if the doctor asks the right questions, the patient may not be forthcoming because of his emotional state. The goal of a physician is to get to the story, and to do so he has to understand the patient’s emotions. 

…You need information to get at the diagnosis, and the best way to get that information is by establishing rapport with the patient. Competency is not separable from communications skills. It’s not a tradeoff.”

Salespeople, you won’t find a more eloquent statement than this about the importance of listening to your customers. 

What Selling and Doctoring Have in Common

It makes a great deal of sense that the skills of a good physician should mirror those of a good salesperson.

First, nobody knows more about the customer/patient than the customer/patient. The danger of subject matter expertise is that you end up thinking you know more than the customer does. The truth is: you both know more than the other in particular areas, and the real power comes from collaboration.

Second, customer/patients are humans first, computers second. If you access them as computers—repositories of data waiting for your diagnosis-seeking brain-suck—then you alter their perceptions and feelings, and you end up poisoning the very data you set out to look for. In old computer lingo, it’s GIGO. Customer/patients’ data is only as good as their ability to clearly convey it to you, and that is affected by your ‘bedside manner.’

Third, soft skills and hard skills are complementary for the salesperson as well as for the physician. You can’t get by with just one, and you can’t spend much time in just one mode or the other. The best salespeople, like the best physicians, are practicing students not only of their product line or their specialty, but of human nature. 

Salespeople: think of your favorite doctor. Does he or she do a great job of ‘selling’ you on the right course of treatment? If so, take some sales lessons from them.

And if not, then perhaps it’s time for you to find a doctor who understands how to sell.

NY Life ex-Chairman Sy Sternberg on Trust in the Life Insurance Business: Trust Quotes #16

Seymour “Sy” Sternberg served as Chairman and CEO of New York Life from the late 1990s until 2008. New York Life is a Fortune 100-sized company in existence since 1845. It is the largest mutual life-insurance company in the US, and one of the largest life-insurers in the world.

I spoke with Sy in his offices atop the New York Life building on lower Madison Avenue in Manhattan.

CHG: Thank you very much for taking time with us to talk about trust, an issue that I understand has some resonance for you.  Let’s start with the company. New York Life goes back over 150 years. Are there some principles or values that have stayed with the company since its beginning?

SS: When I took over, we decided on a very simple set of values for the company; not that the values were new, in fact they represented values we had always had—I just wanted a shorthand for it. Those values were financial strength, integrity, and humanity. Implicit in the integrity component, the way I see it, is trust.

Rich Sternhell recently showed me an interview from about 40 years ago with our then-CEO: let me quote a bit of it:

“These days we’re being constantly reminded of how important are honesty, integrity and dependability. We were founded in 1845 on a remarkably similar premise: Trust us, we said then as we say now, and we will keep our promises…The guarantees we make last a lifetime.”

One of our more recent ads shows an old desk with an old quill pen on it; the text says, “Our promises have no expiration date.” My point is simply, these are themes that have been around for a long time. [Note: the three values are engraved on a plaque inset into the wall on the ground floor of the NY Life headquarters building—across the hall from the company museum].

We’re trying to emphasize this in other ways too. The industry has for a long time sold immediate annuities. We’ve renamed that product to emphasize our values: Guaranteed Lifetime Income. Same product, but it emphasizes we are insuring not mortality risk, but longevity risk.

It also uses the word “guarantee,” which again reinforces the promises we’re keeping. We’re not emphasizing your risk of dying; we’re insuring your “risk” of living, making sure you’ve got enough money. That’s the current market need; but it’s also a simple rephrasing of our basic values that have always driven us.

The word ‘guarantee’ is important in that rephrasing too; just like our guarantees have always been there for life insurance.  We paid every claim in the ’29 crash.  We paid claims under a flag of truce in the Civil War. During the San Francisco earthquake, we were the first to provide loans to survivors. During 9/11, when I chaired the American Council of Life Insurance, we waived all of our war provisions in our policies, and did not enforce clauses on proof of death. We led that drive. That is all values-driven. Do what is right. And that’s where trust comes in.

CHG: How did you, Sy Sternberg, happen to join New York Life?  What brought you into the fold?

SS: I got an electrical engineering degree from City College of New York, then went to work for Raytheon in Massachusetts, and got a masters in Electrical Engineering at Northeastern. At that time, electrical engineering was the one place where you could pursue computer science. I switched from hardware to software, and helped design Raytheon’s first automated drafting systems. We did a purchasing system, and then I was hired away by a consulting firm that had a contract with MassMutual, in Springfield, to automate the entire agency network. It was a great job, so I joined up, and in 1975, MassMutual hired me directly.

I rose up the ranks in information systems, and the president then asked me to take over the health insurance business. (I didn’t realize at the time that they figured that business was dying and there was nothing to lose in handing it to me; fortunately, I was able to turn it around). I left MassMutual for New York Life in 1989, then rose up the ranks and became Vice Chairman in 1995, and president in 1996, and—on April Fools’ Day 1997—CEO.

CHG: What role does the concept of trust play in the life insurance industry? Is that role distinct from the role trust plays in business in general?

SS: I think people expect trust in all businesses.  The need is always there. But I think it’s distinct in life insurance, for several specific reasons.

One reason is complexity. Few people really understand insurance, they cloud over when you get into it. It means you end up having to trust the person who sells it to you.

Another reason is that it’s a high stakes product: there are big consequences. If we don’t get it right, and it doesn’t pan out, that not only hurts you the customer, but the family involved as well. Consequences extend beyond the customer to his or her most important relations.

The third area of trust is that this is a business where it’s fairly hard to switch providers or vendors. You can’t just redo your insurance policy like you can switch restaurants or bank accounts—because the rates have gone up as you’ve gotten older. You may not even be insurable any more. So the consequence of changing vendors is much more severe in this business.

So there are three big reasons why trust is even more important in insurance than in others. And one more: we say in our ads, what we sell is promises; that’s it. If people can’t trust your promises, you’ve got a serious business problem.

CHG. Let’s go back up to big picture for a minute: what does the notion of ‘trust’ mean to you in the world of business?

SS: To me, trust means operating honestly. There is no agreement that can substitute for honesty in this world. There are bad people–those are people without a conscience.

Most of us, we do what’s right because it’s right, because you wouldn’t be able to sleep otherwise. So how could Madoff do what he did? Because he has no conscience, that’s how. I’m not saying you shouldn’t have formal agreements, but the relevant question is: if you didn’t have a formal agreement with someone, would the same thing happen? And if the answer is yes, than that’s someone you can trust.

Most people live by those principles, or at least try to; they may have less of a fine ear about it, but they’re not without a conscience.

CHG: So what’s happened to that ‘fine ear’ out there, how have we gotten less attuned to doing what’s right?

SS: The world lives cyclically, not linearly. We move from overly done self-interest to the opposite. Under certain environmental conditions, one’s behavior becomes more self-interested.

The insurance industry in the 50s and 60s was a Father Knows Best business—the Robert Young character was a life insurance agent. It was not dog eat dog, it was civil. At that time, no life insurance company had a CMO or a CFO—because, honestly, you couldn’t easily lose money. You invested at 5%, and provided an IRR of 2%, so who needs a CFO?  And you only changed your products every 5-10 years, so who needed a Chief Marketing Officer?

Until about 1980, that is, when Jane Bryant Quinn wrote, “Do you know what the internal rate of return on your life insurance is?” Suddenly you had to get a CFO, because suddenly the products and markets all became a lot more complex. Product series started changing twice a year. It became a more competitive market, and some agents took shortcuts.

In mid to late 80s, the whole industry got caught up in promising dividends.  Now, we all had small print saying dividends weren’t guaranteed, but agents would say you know, they’ve always grown. Well, interest rates had gone up for 30 years, that was the truth—it was a huge secular rise in interest rates. But then the 80s came, and suddenly—and for the last 20 years—they’ve gone down.

But because of what the agents said vs. what really happened, we now have compliance departments. At New York Life, we have over 100 people now in our compliance department, making sure that nothing gets said that’s wrong. At first, the agents hated that stuff. The morale of the agent was very low in the 90s. We had to learn to operate as a much more rigid business required by regulations.

So—was that a time of low integrity? I don’t really see it that way: I see it as more circumstantial. 30 years of rising rates, that’s long enough you begin to forget things could be otherwise.

CHG: However: people who get wrapped up in compliance, they end up doing things not because they’re right—because of their conscience—but because of compliance. Aren’t compliance rules in some sense the cause of a decline in conscience?

SS: There’s definitely some truth to that. It goes to the role of principles. Let me give you an analogy. How do you determine what’s a liability on your balance sheet? There’s a whole set of accounting literature to answer that. Well I’ve got a simple definition: you put it on the balance sheet when it is, or could be, a liability of the enterprise. That’s a principle.

PricewaterhouseCoopers came out some years ago in favor of principles-based accounting, rather than rules-based accounting. This relates to compliance—when you work from principles-based accounting, not rules-based accounting, you don’t focus on ways to get around the rules—you focus on the principles.

So—you focus on principles, because of exactly what you said: focusing on rules compliance doesn’t exercise the conscience.

CHG: Well that leads us nicely into talking about what happened in the recent financial crisis.

SS: There are four things that happened. Let me start with the non-unique aspect, which is that this was a natural cyclical situation. This is the credit market. After a bad cycle in the credit markets, you put in strong covenants and you raise the spread, all in reaction to the bad cycle. But then high spreads attract competition, then people start squeezing margins, and covenants get weaker and weaker, and finally it blows up again. So part of what happened is—just another business cycle.

But here are the other three drivers, special ones. Number one was the repeal of Glass Steagall, and that was a serious mistake. Glass Steagall was put into place for a really good reason. It was created because the mindset and objectives of a customer doing business with a bank are different from the mindset and expectations of a customer doing business with an investment firm. Once a bank starts thinking like an investment firm, the risk profile of the bank goes up.

CHG: Help me out here. How is it that the investment banks don’t appear to agree with that? Aren’t they running partly a banking-client business, and partly a casino? How is that?

SS: Well, people see things the way they come to see them. If you’re an investment bank these days, they don’t see a contradiction like you might. Sandy Weill started it with CitiCorp, combining insurance and brokerage and banking, and he founded it partly on the model of European banks. Not crazy, just different.

Of course, then it all ran up to 30:1 leverage ratios, and it all would’ve gone down in flames had it not received TARP funding. Back in the Glass Steagall time, it would have been one thing for Goldman to have taken risks, and quite another for Citibank to have done so. But post Glass Steagall, those distinctions were lost to us.

CHG: OK, back to reasons for the meltdown. Besides cyclical credit and the repeal of Glass Steagall, what else?

SS: Well, here’s what I said to Barney Frank.  You’ve got a broker, with no skin in the game; his whole motivation is to sell. Then you have the originating bank, that used to take that loan and keep it on its books, and that bank was always concerned it was underwritten correctly. Since then we moved to a place where those banks were laying off all the loans. The people making loans these days have no skin in the game. The originating banks shouldn’t be allowed to lay off 100% of the mortgage loans they make.

In our business, you can’t do that—you’re not allowed to. In New York State, you can’t legally re-insure any more than 90%, which means the one who sells the product still has skin in the game. The underwriter needs to sustain a piece of the responsibility; that’ll keep him honest. In the packaged mortgage loan business, we lost that. The lenders did not have skin in the game. ‘Put that in the legislation,’ I said. (And it did, in fact, end up in the legislation).

CHG: And the last reason?

SS: The b-schools and the investment banks pride themselves on the creation of what they called innovation; exotic securities, securities of securities. A mortgage-backed security maintains in it the discrete mortgages that went into the basket. So you could do a credit rating on it.

But once you turn it into a collateralized debt obligation, a CDO, you lose that direct connection with constituent parts. So here’s Moody’s and S&P. Now, people claim they were rating CDOs in bad faith, from self-interest. I don’t think so; I think they rated them wrongly because they didn’t know what they were doing. Ignorance, not venality, was the explanation. Nobody knew how to test these models, including the ratings agencies.

And on top of it all, it was all interconnected—the world of investment banks and credit instruments and global markets had all become inextricably tied together.

CHG: Now, let me push you on that. Sam Hayes, investment banking professor at HBS, is quoted in the movie Inside Job saying (about Wall Street in general,) “Oh, I think they understood what was going on, all right.” So—how do I square his idea with yours that it was just an honest issue of complexity and low understanding?

After all: you guys at NY Life managed to cut your risks a full year ahead of the crash. You saw it coming—why didn’t they?

SS: Let me explain that. Our Chief Investment Officer came to me a year and a half before the blowup and said, “I don’t like what I’m seeing here.” The covenants were coming off, the spreads were compressing, the indicators were clear. He said, “I want to start taking X% of our cash flow every month and putting it in treasuries.” Which meant taking a hit. We didn’t know when it would all fall down, we just knew that eventually it would. Reversion to the mean is among the most dependable principles. So when it did, we were very well positioned.

But that doesn’t mean we knew that a particular CDO would blow up, or that it was a single-A versus AAA. Our business was the general environment, the credit cycle issue I mentioned—we did not have to deal with the complexity issue I mentioned. We could afford to focus on the secular credit cycle.

CHG: Let’s touch on the mutual form of insurance in the insurance business.

SS: Good, because it’s related to this discussion. A mutual insurance company is not owned by its shareholders, it’s owned by its customers, like a co-op. And I believe the natural state of an insurance company is a mutual, not a stock company, and here’s why. And why it brings this discussion full circle.

Back in 1997, a lot of companies were de-mutualizing. One of the arguments was if you become public, you could raise capital and acquire companies. People felt the finance businesses were consolidating (again, think CitiCorp), and the argument went you had to raise capital to acquire, or be acquired.

But we felt is there’s a fundamental conflict between stockholders and customers in an insurance business. In a widget company, a creditor wants to see the maximum amount of equity in the firm, so that there’s a cushion to the debt-holders. The equity holder, on the other hand, wants to have the minimum equity, to maximize their return on equity.

If you’re a widget customer, you don’t have a horse in that race. You really don’t care about the debt/equity balance.

But in the insurance business, if you are a customer with an insurance policy, you are a creditor in that company. Our customers loan us money—called premiums—and in the end, we pay it back—in death benefits. It’s a creditor relationship, pure and simple. Our customers, in other words, are exactly aligned with our creditors. The more capital we have, the more safety there is to pay claims. That’s how we get rated AAA—our ability to pay policies.

Other companies that went stock started buying back stock, because their shareholders wanted higher returns. So in 2008, to take one example, a headline came out from Lincoln National; their earnings were down. And in the same press release, they approved a stock buyback program. When every warning signal is pointing to the fact that they should be husbanding their capital, they were about to use that scarce capital to buy back stock to placate their shareholders. That’s a conflict of interest in our minds.

And a year later—a billion and a half in TARP money went to Lincoln National. To pay back a bunch of the money that frankly had gone to their stockholders a short while earlier.  Obviously that didn’t have to happen with us.

So what’s trust got to do with that? Everything. We are in the business of making promises and keeping them. We have to live by long-term principles of financial strength and integrity—and the mutual form is at the heart of that.

A mutual company has a singular focus—what’s best for our creditors/customers. We have no conflict. That’s why I argue that the natural form for a life insurance company is not a stock company, but a mutual company. That’s all about principles, and all about trust.

CHG: Sy, this has been fascinating. Thank you so much for taking the time to speak with us.

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Seymour “Sy” Sternberg on Trust in the Life Insurance Business is number 16 in the Trust Quotes: Interviews with Experts in Trust series.

Recent interviews include:

Ava J. Abramowitz on Essentials of Negotiation (Trust Quotes #15)

Robert J. Kueppers on Trust and Regulation (Trust Quotes #14)

Rich Sternhell on the Evolution of Trust in Business (Trust Quotes #13)

Read the complete Trust Quotes series.