Insurance Agency Producer Agreement for the United States

Insurance Agency Producer Agreement Template for United States

An Insurance Agency Producer Agreement is a legally binding contract that establishes the relationship between an insurance agency and an insurance producer (agent or broker) in the United States. This agreement outlines the terms and conditions under which the producer can sell insurance products, including compensation structure, compliance requirements, and operational procedures. It must comply with both federal regulations and state-specific insurance laws.

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What is a Insurance Agency Producer Agreement?

The Insurance Agency Producer Agreement serves as the foundational document governing the business relationship between insurance agencies and their producers in the United States. This agreement is essential when an agency wants to authorize individuals or entities to sell their insurance products. It addresses crucial aspects such as licensing requirements, commission structures, compliance obligations, and operational procedures. The agreement must align with both federal regulations (such as the Gramm-Leach-Bliley Act) and state-specific insurance laws, making it a complex but vital document in the insurance industry.

What sections should be included in a Insurance Agency Producer Agreement?

1. Parties: Identification of the insurance agency and producer, including full legal names, addresses, and licensing information

2. Background: Context of the agreement, relationship between parties, and purpose of the producer appointment

3. Definitions: Key terms used throughout the agreement including 'Products', 'Territory', 'Commissions', and regulatory terminology

4. Appointment and Authority: Scope of producer's authority to sell insurance products, limitations, and territorial restrictions

5. Licensing and Compliance: Requirements for maintaining appropriate licenses, permits, and regulatory compliance obligations

6. Duties and Responsibilities: Specific obligations of the producer including sales practices, customer service, and reporting requirements

7. Compensation: Commission structures, payment terms, vesting rights, and conditions for commission adjustments

8. Privacy and Data Protection: Requirements for handling customer data, maintaining confidentiality, and compliance with privacy laws

9. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

10. Post-Termination Obligations: Responsibilities and restrictions following agreement termination, including return of materials and continued confidentiality

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

1. Training Requirements: Specific training obligations and ongoing education requirements when agency mandates certain certification or training programs

2. Marketing Guidelines: Rules for marketing and advertising when producer conducts independent marketing activities

3. Technology Requirements: Required software, systems usage, and security protocols when specific technology platforms are mandatory

4. E&O Insurance: Requirements for maintaining Errors & Omissions insurance when not covered by agency's policy

5. Performance Standards: Specific production goals and performance metrics when agency implements quota systems

What schedules should be included in a Insurance Agency Producer Agreement?

1. Schedule A - Commission Schedule: Detailed breakdown of commission rates by product type and premium volume

2. Schedule B - Authorized Products: Comprehensive list of insurance products the producer is authorized to sell

3. Schedule C - Territory Assignment: Defined geographical areas where producer is authorized to operate

4. Schedule D - Compliance Procedures: Detailed compliance protocols, reporting requirements, and regulatory procedures

5. Appendix 1 - Required Forms: Standard forms and documentation required for producer operations

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

United States

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use

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