Legal Issues

National Association of State Farm Agents, Inc.

 

Members Save with Choice Hotels

Search our site with

Google

 

NATIONAL ASSOCIATION OF STATE FARM AGENTS, INC.

NASFA Home l Contact NASFA

AMD92 Opinion - Assurant Health

In the recent past, State Farm in different Zones has been offering AMD92 which they are referring to as the "Assurant handoff." The basic concept is that if you don't want to sell Assurant Insurance, you may let the Assurant people do all of the work and they will pay you half of a health insurance commission.

Before analyzing AMD92, one should be thoroughly familiar with AMD66.2 which is the most recent IPSI Agreement offered by State Farm. Our criticism of that Agreement was done January 4,2007. Click here for a copy.

We were generally not in favor of AMD66.2. Since you have to sign that before you can sign AMD92 there would seem to be a problem. The basic problem is that you are going to be paid reduced commissions for business State Farm claims it referred to you. Now they are doing the commission reduction the other way. That is, they are going to pay you a reduced commission if you refer clients back to them, namely people interested in purchasing Assurant Health Insurance.

The purpose of AMD92 is to provide for that commission when you refer clients back to ISPI, Assurant and State Farm. You will recall that State Farm is the general agent with ISPI and you are a sub-agent. In other words, they are receiving a larger commission and then paying you some portion of it. That has not changed in the AMD92. The specific changes made are that they now include language concerning you referring perspective customers to ISPI or one of its "strategic allies."

In my prior analysis, I discussed the concept of "announcement" versus commission schedule. That is still troublesome. Further you need to be advised that they can change that announcement at any time to provide a different commission.

The whole concept of ISPI and Alternative Access Point is troublesome to a conscientious State Farm agent. State Farm is looking for opportunities to pay lower commissions to the agency force. AMD92 is a further effort in that direction.

NASFA's suggestion is that if there is insurance to be sold a State Farm independent contractor agent should be selling it and receive the full commission for it.

Donate to NASFA's Legal Fund

 

NASFA Legal Counsel

Robert E. O'Connor, Jr.

2433 South 130 Circle
Omaha, NE 68144

NASFA Opinions

AMD92

AMD66.2

 

 
© 2011 National Association of S

© 2011 National Association of State Farm Agents, Inc.

3230 Maiden Lane, Suite 5 • Manchester, MD 21102 • 443-507-6500 • Fax: 443-507-6519 • info@nasfa.com