The typical NAILBA member enters into Broker General Agent (BGA) contracts with multiple carriers. The terms of these contracts differ significantly regarding the levels of liability imposed on the BGA. In the past few years, increased scrutiny in the financial services industry in general, as well as an increasing number of regulatory challenges has seen the standard language in the BGA/Carrier contract shift more of the responsibility on the BGA to be compliant, and be responsible for the compliance of their agents.
NAILBA, along with NAILBA legal counsel Steve Fellman, have created this manual to bring this contractual language to light, and educate BGAs to make responsible choices when negotiating these contracts. This manual will describe some of these differences in order to assist the BGA in making an independent decision as to what level of risk is acceptable to his or her company.
NAILBA BGA Contracts Manual Table of Contents
I. Chapter I: Introduction
II. Chapter II: Compliance with Federal Laws, Regulations and the Carrier’s Own Book of Rules
III. Chapter III: Responsibility for Acts of the Producer
IV. Chapter IV: Personal Liability of Officers and Directors of BGAs
V. Chapter V: Control of your Business
VI. Chapter VI: Commission Structure
VII. Chapter VII: Cancellation Clauses
VIII. Chapter VIII: Use of the Carrier Website
IX. Chapter IX: Negotiating Carrier Contracts
X. Chapter X: Conclusion
Download the entire NAILBA BGA Contracts Manual (NAILBA members only) by accessing the NAILBA Online Store. Members may use their unique login to access the store and download the Manual. Please review the instructions carefully and remember to return to the My Transactions page once you have checked out. The link to the Manual in PDF format will be available there.
Questions? Contact NAILBA at (703) 383-3081 or firstname.lastname@example.org.
The BGA Contracts Manual does not constitute legal advice. The law governing interpretation of contracts and insurance regulations will vary from state to state. You should always consult with legal counsel with specific legal questions relating to your particular situation before signing any contracts.