Agency Management

Faux Attorneys

People who know this industry and its contracts extremely well can help establish the contractual framework that includes real world knowledge of how various contracts need to work. For example,…

The Importance of Employment Contracts

Agency employment contracts, particularly with producers, can prove to be critical when trying to resolve problems involving commissions, termination, account ownership, and similar disputes. The existence of such contracts can…

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Geographic Non-Compete Agreements

A Non-Compete Agreement that contains geographic wording is like a rancher telling a cowboy that if he can’t work for the rancher, he also must move to another geographic area…

Producers: Independent Contractors or Employees?

Producers often work for the agency with a lot of independence. Does that make them independent contractors rather than employees? What if they’re paid as 1099 workers rather than receiving…

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Agency Employee Moonlighting

Citing tough economic times, an agency producer has ventured into a multi-level marketing operation and has sold energy conservation devices to several existing agency customers. The agency owner is concerned…

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Agency Contract Review

Warning: This article is NOT about “agency contracts,” but rather about the practice (or lack thereof) of the agency reviewing the coverage implications of contracts entered into by insureds. We’re…

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Producer Non-Piracy Agreements

Every agency should have a contract with every producer. Every contract should include a clause that governs the solicitation of accounts if the producer leaves the agency. Unfortunately, too many…

How to Create Enforceable Non-Compete Agreements

It is unfortunate that the majority of agencies still do not have Non-Compete and Non-Piracy Agreements with producers and other key employees. Three things can happen without these agreements…and two…

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