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Glossary for independent insurance agencies

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Glossary · Insurance agency commissions

Agency agreement

An agency agreement, also called a producer agreement or agency-company agreement, is the written contract between a carrier and an independent agency that sets what the agency may sell and bind, how premium is handled, how and when commission is paid or changed, who owns the expirations and what happens when the relationship ends.

By Lapidar, the team building it · · Also called producer agreement; agency-company agreement; agency contract

What it means

The appointment is what the carrier files with the state; the agency agreement is the contract behind it. The Big “I” Office of the General Counsel publishes reviews of individual carriers’ agreements, and they read like a list of the clauses worth negotiating. On commission, its review of a Utica National agreement says: “The Agent may wish to seek longer notice for commission changes, such as 90 days, and require that a reduction in commission will occur no more than once per year.”

What it means for commission: the agreement, together with the commission schedule it points to, is the only document that says what you should have been paid. It decides whether commission is earned on written or collected premium, how chargebacks work, whether you may deduct commission on agency-billed policies, and how long renewals are paid after a termination. When a statement and your expectation disagree, the agreement settles it. This page is general information, not legal advice; your agreement and your state’s law decide.

How it shows on a commission statement

The agreement never appears on a statement, but its effects do: a new rate after a notified commission change, a renewal paid at a run-off rate, a line that stops after the carrier terminates the agency. The check starts from the version of the agreement and schedule in force on the policy’s effective date, not the one in force today.

In reconciliation, and what Lapidar does

Lapidar does not read agency agreements. It uses the rates you enter as a commission schedule per carrier, line and new or renewal business, and checks each statement line against your book premium times that rate. Keeping the schedule in step with your current agreement is what makes those checks meaningful.

Example

Example data: clauses an agency might pull from one invented agreement before checking statements.
ClauseWhat it saysWhat to check on statements
CommissionSchedule EX-SCH-3, 90 days’ notice of changesOld rate until the notice period ends
Agency billAgency deducts commission when remittingAccount current nets commission correctly
TerminationRenewals paid for 12 months at the same rateRun-off renewals still arriving, unreduced
ChargebacksPro rata on returned premiumChargeback = rate × return premium

Common mistakes to check

  • Checking statements against a rate from memory instead of the schedule the agreement points to.
  • Missing a notice of commission change, then treating the new rate as an error, or the old rate as correct.
  • Not keeping a signed copy of every version, so a run-off dispute has nothing to stand on.
  • Assuming one carrier’s termination and renewal terms apply to another carrier.

Questions

Is an agency agreement the same as an appointment?

No. The appointment is the carrier’s authorization, filed with the state in many states. The agency agreement is the contract that sets commission, billing, authority and termination terms.

Can a carrier change my commission under the agreement?

Usually yes, with the notice the agreement requires. Big “I” contract reviews suggest asking for longer notice, such as 90 days, and limiting reductions to once a year.

What should an agency negotiate in a producer agreement?

Notice periods for commission changes and termination, ownership of expirations, run-off renewal terms, chargeback rules and any production requirements. The Big “I” publishes reviews of specific carriers’ agreements.

Where do I find my commission rates?

In the commission schedule attached to or referenced by the agreement, which may be updated more often than the agreement itself.

Sources

Lapidar is commission reconciliation software for independent insurance agencies, in its founding pilot. Related: carrier appointment.

Reconciling statements is the hard part.

Check every line against the schedule your agreement sets. See a sample report, or read how the founding pilot works.

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