Agency Agreement (Insurance) for New Zealand

Agency Agreement (Insurance) Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the relationship between an insurance company and its appointed agent or broker. The document outlines the terms under which the agent is authorized to sell insurance products, details commission structures, sets compliance requirements, and specifies operational procedures. It ensures compliance with New Zealand's insurance regulations, including the Insurance Law Reform Act 1977 and the Financial Markets Conduct Act 2013, while protecting both parties' interests and establishing clear performance expectations.

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What is a Agency Agreement (Insurance)?

The Insurance Agency Agreement (Insurance) serves as the foundational document for establishing authorized distribution relationships in New Zealand's insurance sector. It is typically used when an insurance company wishes to appoint an agent or broker to sell and distribute its insurance products. The agreement comprehensively addresses crucial aspects such as regulatory compliance, commission structures, operational procedures, and service standards, all within the context of New Zealand's legal framework. This document is essential for ensuring clear understanding between parties and compliance with key legislation including the Insurance Law Reform Act 1977, Financial Markets Conduct Act 2013, and the Insurance Intermediaries Act 1994. It protects both the insurer's and agent's interests while establishing professional standards for insurance distribution.

What sections should be included in a Agency Agreement (Insurance)?

1. Parties: Identifies and provides full legal details of the insurer and the insurance agent/broker

2. Background: Sets out the context of the agreement, including the insurer's business, the agent's qualifications, and the purpose of the arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the agent's appointment, territory, and authorized activities

5. Agent's Authority: Specific powers granted to the agent and limitations on authority

6. Regulatory Compliance: Obligations regarding licensing, registration, and compliance with relevant laws

7. Duties and Responsibilities: Detailed obligations of the agent including sales, reporting, and customer service requirements

8. Commission Structure: Details of commission rates, calculation methods, and payment terms

9. Professional Standards: Required qualifications, training, and conduct standards

10. Reporting and Records: Requirements for maintaining records and reporting to the insurer

11. Confidentiality: Obligations regarding confidential information and data protection

12. Intellectual Property: Usage rights and restrictions regarding the insurer's brands and materials

13. Term and Termination: Duration of agreement and circumstances for termination

14. Post-Termination Obligations: Duties and restrictions following agreement termination

15. Dispute Resolution: Process for handling disputes between parties

16. General Provisions: Standard clauses including notices, amendments, and governing law

What sections are optional to include in a Agency Agreement (Insurance)?

1. Sub-Agents: Include when the agent is permitted to appoint sub-agents

2. International Operations: Include for agents operating across multiple jurisdictions

3. Premium Handling: Include when agent collects premiums on behalf of insurer

4. Claims Handling Authority: Include when agent is authorized to handle claims

5. Marketing and Advertising: Include when agent has significant marketing responsibilities

6. Technology Requirements: Include when specific software or systems are required

7. Training Programs: Include when insurer provides specific training programs

8. Performance Targets: Include when agreement includes specific performance metrics

9. Non-Compete Provisions: Include when restrictive covenants are required

What schedules should be included in a Agency Agreement (Insurance)?

1. Schedule 1: Commission Rates: Detailed breakdown of commission structures for different products

2. Schedule 2: Authorized Products: List of insurance products the agent is authorized to sell

3. Schedule 3: Territory: Detailed description of authorized geographic territory

4. Schedule 4: Reporting Templates: Standard forms for regular reporting requirements

5. Schedule 5: Service Level Requirements: Specific performance and service standards

6. Appendix A: Compliance Procedures: Detailed compliance requirements and procedures

7. Appendix B: Brand Guidelines: Rules for using insurer's branding and marketing materials

8. Appendix C: Technology Specifications: Technical requirements for systems integration

9. Appendix D: Training Requirements: Details of mandatory training and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Insurance Agreement

Sector

Insurance

Cost

Free to use

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