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. When the Agency is a company, the company often contains a personal guarantee under the contract. A personal guarantee generally states that the person signing the warranty is personally responsible for the warranty. This could lead to the signatory`s personal assets being subject to a judgment against the Agency if the Agency does not pay the judgment. It is recommended that the personal warranty of the agreement be completely removed. 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. 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. However, in the event of termination of this Agreement, the use and control of the agent`s operation, including all rights, titles and interests of the agent, including the rights, securities and interests of the agent, are transferred from the date of termination to the company for which he is liable under this Agreement, and the use and control of the agent`s conduct , including all rights, titles and interest on and on the agent`s records. The Committee has long supported fixed-term contracts, with rollover rules that cannot be terminated by the company. B, except for reasons (for example, loss of license). This type of agency agreement corrects the critical weakness of most agency agreements today, which is the right of the company to terminate the indicated notification as it sees fit. Before taking steps to terminate the agreement (except termination of any cause) to avoid termination, the company will endeavour, in good faith, to agree with the agent on a written rehabilitation plan for a period of one year or more. This agreement should specify what the agent should do to avoid termination and how the company intends to help the agent avoid resigning.
When the guide was first published in 1978, only one of the revised agency agreements had an arbitration clause. More and more companies are inserting arbitration provisions into their agency contracts. Under today`s agreements, amendments to the 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. 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.
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