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Insurance Producer Agreement Template for United States

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Key Requirements PROMPT example:

Insurance Producer Agreement

"I need an Insurance Producer Agreement for our life insurance company based in California, authorizing independent agents to sell our products across the Western United States, with specific requirements for E&O insurance and cyber liability coverage, to be effective from March 1, 2025."

Document background
The Insurance Producer Agreement serves as the foundational document governing the business relationship between insurance carriers and their distribution partners. This agreement is essential when an insurance company wants to authorize an individual or agency to sell their insurance products. It includes crucial elements such as commission structures, compliance requirements, territory restrictions, and product authorizations. The agreement must adhere to both federal regulations and state-specific insurance laws, making it particularly important to customize based on the jurisdictions where the producer operates.
Suggested Sections

1. Parties: Identification of the insurance company and producer

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

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

5. Compensation: Commission structure and payment terms

6. Compliance Requirements: Regulatory and legal obligations including state licensing requirements, privacy laws, and anti-money laundering provisions

7. Term and Termination: Duration and conditions for ending the agreement

8. Confidentiality: Protection of confidential information and trade secrets

9. Representations and Warranties: Statements of fact and guarantees by both parties

10. Indemnification: Provisions for protecting parties against losses or damages

11. General Provisions: Miscellaneous legal terms including governing law, notices, and amendments

Optional Sections

1. Training Requirements: Specific training obligations and continuing education requirements

2. Territory Restrictions: Geographic limitations on producer's authority and jurisdiction-specific requirements

3. E&O Insurance Requirements: Professional liability insurance requirements and coverage specifications

4. Marketing and Advertising: Rules and restrictions regarding promotional activities and use of company branding

5. Non-Compete Provisions: Restrictions on competitive activities during and after the agreement term

Suggested Schedules

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

2. Schedule B - Product Schedule: List of authorized insurance products and their specifications

3. Schedule C - Compliance Manual: Detailed compliance procedures and requirements

4. Schedule D - State-Specific Addenda: Additional terms and conditions required by specific states

5. Schedule E - Required Forms and Documentation: List of mandatory forms, licenses, and documentation requirements

Authors

Alex Denne

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

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Industries

Gramm-Leach-Bliley Act: Federal legislation that requires financial institutions to protect consumers' personal financial information and explain their information-sharing practices to customers

Fair Credit Reporting Act: Federal law that regulates the collection, dissemination, and use of consumer credit information

USA PATRIOT Act: Federal legislation containing anti-money laundering provisions that insurance producers must comply with

State Insurance Licensing Requirements: State-specific regulations governing the licensing of insurance producers, including initial qualification and maintenance requirements

State Producer Appointment Rules: State-specific regulations governing how insurance producers must be appointed by insurance carriers

NAIC Model Laws: Standard guidelines developed by the National Association of Insurance Commissioners that many states adopt into their insurance regulations

Producer Compensation Disclosure Requirements: State-specific rules regarding the disclosure of compensation arrangements between producers and insurance carriers

Anti-rebating Laws: Regulations prohibiting insurance producers from offering rebates or inducements to secure insurance business

Commission Sharing Regulations: Rules governing how insurance producers can share commissions with other licensed producers

Record Keeping Requirements: Regulations specifying what records must be maintained by insurance producers and for how long

Privacy and Data Protection Laws: State and federal requirements for protecting customer data and maintaining confidentiality

Continuing Education Requirements: State-mandated ongoing education requirements for maintaining an insurance producer license

Professional Liability Requirements: Regulations regarding errors and omissions insurance and other professional liability coverage for insurance producers

Market Conduct Requirements: Standards for fair dealing with consumers, including advertising rules and sales practices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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