The provision (a) recognizes that the contract is an agreement between two consenting parties and that before amending the terms of the agreement, each negotiates in good faith with the other and accepts the changes to be made. This provision clearly shows what was implied – the duty of good faith imposed on each party to negotiate with the other on an individual basis. This is an important principle that the agent should ensure that he or she is included in his contract. The Committee remains firmly committed to the inclusion of an arbitration clause in all agency contracts. The inclusion of an arbitration provision is important to provide a fair and objective means of resolving treaty disputes. In short, it makes the other given protections useful and makes the contract work. It also encourages good efforts to resolve disputes in order to avoid arbitrations and potential litigation. The following provision is recommended. 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. The work of the agency contracts committee will continue. Through this guide and the contract seminars that the Agents Committee organizes across the country, the Committee continues its crusade to train agents to ask their companies for fair agency agreements. Whether the agent commits to a certain volume of business in exchange for a temporary agreement is an issue that must be negotiated between the agent and the company. On the one hand, the agent may not wish to lock himself and his clients in a business, but on the other hand, it may be desirable for the company to be ready and able to provide a contract to the agent. If termination is unavoidable, there are certain safeguards that should be included in the Agency`s agreement. There should be a provision allowing the officer to prescribe, at least 180 days prior to termination, a written notification indicating the specific reasons for termination.
In the event of termination, all extensions made within one year of the end of the year in accordance with current insurance standards should be extended by at least one additional year, at the commission rate and the conditions applicable prior to termination. This arrangement allows for a smooth transition of the activity after the end of the operation. The Committee recommends that the agreements contain a specific language with respect to the service information to which the agent and the agent are entitled, permanently and in the long run. In addition, the agreement should clearly address the issue of agent ownership in expiry operations before, during and after the use of a service centre. The written recovery plan would not be included in the agency agreement, as it would vary depending on the circumstances. However, all redress agreements should contain the following: under today`s agreements, changes to 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. Since treaties should reflect the “meeting of minds,” the Committee recommends that changes be made only between the agent and the company.
A new problem for agents are the company`s service centers. Whether it is a separate agreement or a basic contract endorsement, service centre contracts must also be thoroughly audited. The agreements currently in use are short and simple, but they tend to lack important guarantees.