In several recent agreements, the Committee has seen an erosion of the agent`s exclusive ownership over its expiry periods by the requirement of common ownership of expiry periods by the agent and the company. In addition, some contracts provide that, in certain circumstances, the representative may lose its expiry after the end of the agency contract. Other companies need a security interest for expiry periods. We do not believe that the agent`s property should be taxed in any way, especially since the value of the economy book is seriously affected by ownership restrictions. An agency agreement is a legally binding contract between a person or organization (the so-called sponsor) and another person or organization (the agent) that allows them to act on their behalf. We recommend including a provision that if the insurer is unable to issue a policy on time due to a delay on the part of the insured or the Agency, the company issues an estimated premium binder charged, which is added to the broker`s account, as if the policy had been received. If the delay was caused by the company, the estimated premium binder would not be issued, and the payment would be fed through the officer`s account when the policy was established. The provision (B) is extremely important, as it indicates that the Agency`s name is prominent in all communications from the company to the insured. Without such protection, the agent`s relationship with the insured could be severely eroded. The Independent Agent`s ”Agency Enterprise Agreements Checklist” was first published in 1978 as the Guide to Agency Company Agreements and revised in 1981 and 1985. The Agency Contracts Committee of the Independent Insurance Agents of America, Inc. decided it was time to take a look at the agency`s enterprise agreements, as this is a dynamic area where contractual provisions are changing, due to new problems and conflicts in the relationship between the agency and businesses.
Under today`s agreements, amendments to the agreements are generally achieved in two ways. First, most contracts can be changed unilaterally by the company with an average delay of ninety (90) days. Second, the representative and the company may agree in writing at any time to amend the contract.