This Agreement is made and entered into this day, _________________, by and between Pathpoint, Inc. doing business in California as Pathpoint Insurance Services, Inc. (“Pathpoint”) and ______________________________ (“Broker”).
By accessing or using the Website via the link accessible only by licensed insurance producers (each a “Broker”), you agree to the terms set forth in this Producer Agreement section (collectively the “Broker Agreement”).
The Broker Agreement may change from time to time and your continued use of the Website after we notify you of changes is deemed to be acceptance of those changes. Pathpoint may terminate the Broker Agreement at any time with respect to any new applications. Following any termination of the Broker Agreement, we will continue policies written under this Agreement for as long as required by applicable law or until their normal expiration or anniversary date, whichever occurs first. You remain obligated to provide all required servicing of such policies while they remain in effect, including but not limited to delivering policy documentation and premium notifications to policyholders, except where such documents are delivered directly by Pathpoint. Following termination, you are not authorized to quote, bind or renew any business without our express written authorization.
Broker will obtain and maintain in effect all licenses and permits required by any applicable federal, state, or local law or regulation in order to produce business in connection with the Broker Agreement, and all such licenses will be maintained in full force and effect throughout the term of the Broker Agreement, and all solicitations and submissions by Broker hereunder will be in compliance with all applicable laws and regulations, including but not limited to laws governing privacy of consumer information. Broker also agrees to provide prompt notice to Pathpoint (i) if any of Broker’s employees is charged or convicted of a criminal offense to the extent such charge or conviction may have a material effect on Broker’s ability to perform its obligations under this Agreement; or (ii) if any of Broker’s employees is investigated, charged or convicted of any material violation of the insurance laws in any jurisdiction.
Broker will submit business to Pathpoint wherein Broker will follow all Pathpoint procedures set forth in this Website and will provide complete, truthful, and accurate information concerning the proposed insured, including full details concerning the proposed insured’s insurance exposures and claims history. Broker will promptly disclose to Pathpoint any changes in operations or exposure of the insured that affect the exposure to loss or alter the rating base data utilized to calculate premium if Broker has actual knowledge or reasonable belief of such knowledge. Broker’s duty to disclose changes in the insured’s exposure to loss will be ongoing from the date of first submission to Pathpoint through the entire period that any coverage is in effect. No facts or circumstances that might reasonably be anticipated to affect a decision whether to accept an application for insurance will be withheld from Pathpoint prior to the effective date of insurance coverage.
Broker will vigorously pursue each insured’s compliance with loss control and risk management recommendations. Broker will report to Pathpoint and/or insurance carrier(s) in writing as soon as reasonably practical following the date Broker receives notice of any claim, or incident that is likely to lead to a claim, under any insurance policy. Broker will also report to Pathpoint any notice or communication regarding a Policyholder or claimant from an insurance department or any other administrative or regulatory agency which identifies a complaint under the Policy and will immediately forward any correspondence or related files to us. Broker shall maintain a separate file for any such inquiries and complaint letters you receive.
Broker will pay to Pathpoint or its designee identified in writing, by the due date specified, all premiums and deposits for policies and endorsements as billed by Pathpoint or the insurance carrier, irrespective of whether such amounts have been collected by Broker. A down payment of 0% of the annual premium plus all taxes and filing fees as well as all policy fees are required to bind coverage on all agency billed policies. All premiums due shall be paid within twenty (20) days following the effective date of any policy. In the event any of the insurance policies are issued by non-admitted surplus lines insurance carriers, Broker will collect all taxes and fees directly from the insured, and Pathpoint will execute the required surplus lines filings and remit any surplus lines taxes and fees to state insurance departments and stamping associations.
Where applicable, Broker will be paid a commission of 12.5% of premium (or such other amount as agreed in writing between Pathpoint and Broker) on each policy issued for which Broker submitted the application on this Website (the “Broker Business”), such commissions referred to as the “Broker Commissions”. Broker acknowledges and agrees that the Broker Business is not subject to flat cancellation by Broker. Any cancellation by Broker of a policy, other than cancellation for non-payment of premium by the insured, will be canceled on a short rate basis unless otherwise specified. Broker will refund Broker Commission to Pathpoint on a proportionate basis on all Broker Business that is canceled and/or for which the premiums are reduced or returned after inception date. Such refund will be due within thirty (30) days after Broker is given notice of such cancellation, reduction, or return. If a financed premium is canceled and the premium is refunded to the applicable premium finance company, Broker will return any Broker Commission on unearned premium. Broker will be responsible for all assessments, fees, penalties and fines in connection with any finance company Broker contracts on behalf of its client. Each party will maintain the premiums it receives in a fiduciary capacity in accordance with applicable law.
Broker will give Pathpoint prompt notice of any change in information concerning its license status or the license status of any of its principals, and any changes in ownership of Broker. Broker will not accept business from any other producer or sub-producer for placement under the Broker Agreement and will not appoint any sub-producer or sub-broker to solicit and place business with Pathpoint. Broker Business will consist of accounts developed solely and exclusively by Broker without the involvement of any other insurance producer or brokerage organization.
Broker will not divide or share any portion of the Broker Commissions with any other insurance producer or brokerage organization and will not pay any fee or give any valuable consideration of any kind to any person or entity (other than its sales employees) for the production of the business subject to the Broker Agreement. Broker will not charge any insured any fee nor receive any payment other than the Broker Commissions in connection with the business subject to the Broker Agreement, unless any such fees or payments are 1) fully disclosed in writing to the insured, 2) agreed to in writing by the insured prior to binding, and 3) in a form/format compliant with the governing state insurance department rules and regulations. Nothing in the Broker Agreement shall be construed to change Broker’s obligations to its clients in any manner, including but not limited to any compensation disclosure requirements Broker might have.
The Broker Agreement will never be interpreted or construed to permit Broker to bind on behalf of Pathpoint or any insurance carrier(s). All binding authority will vest and remain with Pathpoint and the Pathpoint-designated insurance carrier(s). All insurance applications must be received by Pathpoint prior to the proposed effective date of coverage, and it will be a condition to coverage that any and all documents or other information required by Pathpoint must be attached to the application in the Website process. Nothing herein will be construed as giving Broker authority or permitting Broker to adjust, settle, compromise, or pay any claim. Broker agrees that Pathpoint may decline to bind any insurance, and/or that Pathpoint will have all right, title, and interest in the Broker Commissions in the event acceptable evidence of relevant current licensing information is not on file with Pathpoint, and Broker and Pathpoint have exhausted all reasonable efforts to avoid violating any relevant insurance code or similar governing rules or regulations.
The relationship of Pathpoint and Broker will be that of independent contractors and nothing herein will create the relationship of principal and agent, or the relationship of employer and employee, or partners in a partnership, between Pathpoint and Broker or any other party. Neither party will hold itself out as the agent or representative of the other. Broker will be an independent contractor and will exercise its own discretion and judgment with respect to each person from which it solicits business, but for the purpose of this agreement will not accept business from any third party and/or brokers/agents that are not subject to Broker’s ownership and control.
Pathpoint’s name, logo, and all related names, logos, product and service names, designs, and slogans are service marks of Pathpoint or its licensors. You must not use such marks without the prior written permission of Pathpoint. All other names, logos, product and service names, designs and slogans on this Website are the trademarks or service marks of their respective owners. The word marks “Pathpoint Insurance, Inc.”, “Pathpoint Insurance”, and “Pathpoint” (in any font size or color) as they may appear alone or in conjunction with the following symbol are service marks of Pathpoint and may not be copied, duplicated, or used for commercial purposes without express written permission.
Pathpoint is a licensed property/casualty insurance producer. We principally act as a wholesale surplus lines broker with authority from eligible surplus lines insurers, while dealing fairly and in good faith and integrity with retail surplus lines producers, policyholders, other producers, and business partners. Pathpoint maintains insurance producer and surplus lines insurance producer licenses in 50 states and the District of Columbia.
Pathpoint represents insurance companies (not applicants or insureds) in the solicitation and sale of insurance products, but currently is not a Managing General Agent (MGA) for any insurer as that term is defined in state insurance laws. Most of Pathpoint’s business is generated from retail surplus lines brokers (often called sub-producers) who represent applicants and insured clients. In some transactions, intermediary producers may be involved.
Pathpoint owns and maintains the Pathpoint Platform (“the portal”), a proprietary on-line portal that may be accessed by licensed producers having a producer contract with (or other permission from) Pathpoint. Access may be through the “Broker Log-in” function of this Website or independently from the producer’s location. Access to and use of the portal permits producers to make submissions and complete insurance transactions with Pathpoint on behalf of their clients. Access to the portal is not a grant of binding or underwriting authority and is not intended to create an agency relationship between Pathpoint and the producer, but rather is an application of technology to effectuate insurance transactions. Authority granted by Pathpoint, if any, is limited by the terms of the producer contract.
Pathpoint maintains a Customer Care Center for the purpose of providing assistance to producers and other third parties by responding to business inquiries and assisting with insurance transactions not completed through the portal. Please contact firstname.lastname@example.org with any questions.
Pathpoint does not accept claim notices or service of legal process on behalf of the insurance companies it represents, nor does it adjust claims. When a claim is made, notice should be given to the retail surplus lines broker representing the insured, which is responsible for providing the notice to the insurer and working to determine the parties’ rights and obligations under the insurance policies issued. Instructions for filing a claim are typically included with the policy. In some cases, the insurance company may be represented by a claim service company. Pathpoint is not a claim service company.
Any descriptions of insurance products or services by Pathpoint do not amend, modify, or supplement any insurance policy. Policyholders should consult the actual policy and their insurance agent or broker for details regarding terms, conditions, coverage, and exclusions in the policy, as well as products, services, and programs which may be available. Eligibility for particular products and services is subject to the final determination of underwriting qualifications. Not all policies and/or coverages are available in every jurisdiction.
Whether coverage exists or does not exist for any particular claim or loss under any policy depends on the facts and circumstances involved in the claim or loss, the law applicable to the claim, and all applicable policy wording. Any informational statements regarding insurance coverage, either in this web site or other Pathpoint material, are for general description purposes only.
The general information contained in this Website is not an offer to sell insurance. No binder, insurance policy, change, addition, and/or deletion to insurance coverage shall be effective until the policy is issued and premium is paid. Any proposal of insurance Pathpoint may present will be based upon the completeness and accuracy of information provided in the application. Information provided on this site does not constitute professional advice. For legal, tax, or financial planning questions, please contact an appropriate professional. Any hypertext links to other sites are provided as a convenience only. Pathpoint has no control over those sites and does not endorse or guarantee any information provided by those sites.
Pathpoint is committed to dealing fairly and with complete integrity with consumers, other insurance producers, and those with whom we work in providing insurance products and services. To that end, we provide this disclosure regarding Pathpoint’s sources of its compensation from insurance companies or other parties.
Pathpoint may receive compensation in the form of commissions paid by one or more insurance companies, calculated as a percentage of premiums, pursuant to an arrangement with the relevant insurance companies. These commissions are for the service we perform in placing and servicing insurance policies on the insurance company’s behalf.
Pathpoint may also be eligible to receive other forms of compensation such as incentive or contingency payments or bonuses and/or supplemental commissions from insurance companies. These may be based on our aggregate historical or current performance with respect to a line of business or customer segment and not specifically related to any particular policy or policyholder.
Other insurance producers who perform service in placing and servicing insurance through Pathpoint may receive compensation from Pathpoint in the form of service fees as determined by Pathpoint’s arrangement with such producer.
Pathpoint may hold premium or return premium funds temporarily, in which case Pathpoint may receive interest or investment income on such funds.
Please contact Pathpoint or your retail producer if you have specific questions regarding the compensation Pathpoint receives as it relates to your account.
(signature page follows)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written.
Pathpoint, Inc., doing business in California as Pathpoint Insurance Services, Inc.
Printed Name: ______________________
Signature Date: _____________________
Printed Name: ______________________
Signature Date: ______________________
Appendix 1: Required Agency Documentation