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Maison Insurance Florida Producer Agreement

    Laura Pearce

This review focuses on major issues of concern to insurance agencies and does not address general contract issues or provisions of the contract that contain boilerplate language.

Items of Concern

  • Provides that the Producer owns its expirations upon termination of the Agreement, but only if the Producer has properly accounted for and paid all premiums due to Maison Managers; however, the Agreement does not set forth a dispute resolution process or appeal rights for the Producer when Maison Managers makes such a determination.
  • Allows Maison Managers to suspend the Producer at any time, with or without cause, and without advance notice.
  • Indemnification provisions are not fair, equitable or mutual.

Provision-by-Provision Review

Structure corresponds to the lettered and/or numbered paragraphs of the contract (PDF).

Article II. Consideration of the Producer

2.  Authorizes Maison Managers to amend the Commission Schedule at any time upon 60 days advance written notice to the Producer.

4. Allows Maison Managers, in its sole and absolute discretion, to offset any commissions owed to Producer by any amounts owed by Producer to Maison Managers, and there are no appeal or dispute resolution process available to the Producer to challenge Maison Manager’s determination.

Article VI. Suspension

1. Allows Maison Managers to suspend the Producer at any time, with or without cause, upon written notice to the Producer, but “advance” written notice is not required and the Producer is given no appeal rights nor a dispute resolution process to pursue.

Article VII. Termination

1. Authorizes either party to terminate the Agreement for any reason upon 60 days prior written notice to the other party.

Article VIII. Ownership of Expirations

1. Provides that the use and control of policy expirations shall remain the Producer’s property but only if, upon termination of the Agreement, the Producer has properly accounted for all sums due to Maison Managers.  This determination is made by Maison Managers and without appeal or dispute resolution rights being given to the Producer. 

Article X. Indemnification

The indemnification language is not fair, equitable and mutual, in that Maison Managers is obligated to indemnify the Producer only for errors that Maison Managers has caused in the preparation, processing, handling or billing of policies, yet the Producer is obligated to indemnify Maison Managers for any and all liabilities or damages caused by the Producer.

FAIA’s Office of the General Counsel provides this contract review only for general information and comments. It is not intended to answer specific individual legal, business, or other questions. It was prepared solely for use as a guide, is not a substitute for the Agent’s/Agency’s independent evaluation of any provision in a contract, and is not a recommendation that the contract be signed, revised or rejected. Any communication you have with the Company regarding this contract should be an individual communication, and not on behalf of a group of agencies or through FAIA. If specific legal or other expert advice is required or desired, please seek the services of an appropriate, competent professional, such as a licensed Florida attorney familiar with the Florida Insurance Code.  

Reviewed November 2017

Current rating: 5 (2 ratings)