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AMD66.2

For a little more than five years, State Farm has been asking agents to sign a contract amendment which would permit it to pay you smaller commissions on business which was sold to a customer through an "alternate access point."

Let's talk about the simple business decision first: Do you want to accept business at a lesser commission? If the answer to that is, "No", then read no further and do not sign the AMD66.2. I have spoken to many agents over the years, particularly AA97 agents, who do not believe that their current contract commissions are enough. Why then would you be willing to accept new, unknown customers with no loyalty to you at an even lower commission? In fact, as contemplated, the customer has no knowledge of you, let alone any loyalty. As overhead expenses increase and cost shifting, or cost avoidance by State Farm continues, the prospect of making less money on a particular policy cannot be too attractive.

On the other hand, sales people that some of you are, you may consider this an opportunity to cross sell other products. Whether you do or not, the initial commission will be lower, for ten years. Further in my experience, new business is not being assigned to existing agents. The telephone calls I receive on the subject are complaints that all new business is going either trainee agents or newly minted agents. For a variety of reasons, and due to a variety of programs, new business is not going to established agents. So, if you thought signing was going to get you business to cross sell, forget it. Read no further, don't sign the AMD66.2.

If you are still reading this article, then go ahead and sign it. Why? Well for one reason it is revocable. For a second reason it claims it does not affect any part of your contract with State Farm. If you really believe your AFE, then by all means sign it. My problem with signing it these days is that I don't know what nefarious interpretation they will put on the AMD66.2 next week, next month or next year. State Farm does seem to have a way of twisting things in a fashion you do not expect. Remember, for example: "Agents don't sell?"

There are several other things about the AMD66.2 that are unusual, annoying or just plain strange. Among those is the concept of "Brand development fee". Insurance agents have been getting commissions since the first time they rang the bell at Lloyds of London. To now recast the payment as anything other than a commission is at least worrisome. If you subscribe to the theory that State Farm does everything for a reason then why isn't a commission on the sale of insurance?

Next on the list of troublesome ideas is the "announcement." Not a commission schedule or table, but an "Announcement." An "Announcement" that can be changed at any time, at the whim of State Farm. No more pesky problems like the introduction of the AA97, all they have to do is change the "announcement".

Finally, the AMD66.2 is not limited to insurance. It is thus broader than your Agents Agreement and encompasses any product State Farm may wish to sell. While I currently doubt they are soon to begin a line of jewelry, makeup, or woven baskets, I did not think you would be offering bank products either.

Since its initial introduction, NASFA has been opposed to the AMD66. That opposition has not changed. We just don't see the point of signing it based on the realities of how State Farm assigns business.

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NASFA Legal Counsel

Robert E. O'Connor, Jr.

2433 South 130 Circle
Omaha, NE 68144

NASFA Opinions

AMD92

AMD66.2

 

 
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