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Terms Of Business Agreement (Insurance)
"I need a Terms of Business Agreement (Insurance) for use between our insurance company and independent brokers across Canada, with special focus on cyber insurance products and electronic trading capabilities, to be implemented by March 2025."
1. Parties: Identification of the contracting parties - the insurer and the broker/intermediary
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Authority: Defines the extent and limitations of the broker's authority to act on behalf of the insurer
5. Regulatory Compliance: Obligations regarding insurance regulations, licensing requirements, and other applicable laws
6. Professional Standards: Required standards of service, conduct, and professional qualifications
7. Commission and Payment Terms: Structure of commissions, payment procedures, and financial arrangements
8. Claims Handling: Procedures and responsibilities for handling insurance claims
9. Data Protection and Privacy: Obligations under PIPEDA and other privacy laws, data handling procedures
10. Risk Management: Requirements for risk assessment, underwriting guidelines, and risk control measures
11. Record Keeping: Requirements for maintaining records and documentation
12. Termination: Conditions and procedures for terminating the agreement
13. Dispute Resolution: Procedures for handling disputes between parties
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Electronic Trading: Include when parties engage in electronic placement of insurance business
2. Delegated Authority: Include when broker is granted additional underwriting or claims settlement authority
3. Premium Financing: Include when broker offers premium financing arrangements
4. Cross-Border Business: Include when broker operates in multiple provinces or internationally
5. Sub-Broking: Include when broker may engage other intermediaries
6. Marketing and Branding: Include when specific marketing arrangements or brand usage rights are granted
7. Professional Indemnity: Include when specific professional indemnity requirements are needed beyond standard terms
1. Schedule A - Commission Rates: Detailed breakdown of commission structures for different insurance products
2. Schedule B - Products and Services: List of insurance products and services covered by the agreement
3. Schedule C - Service Level Requirements: Specific performance metrics and service standards
4. Schedule D - Claims Handling Procedures: Detailed procedures for claims processing and management
5. Schedule E - Compliance Requirements: Specific regulatory compliance procedures and requirements
6. Appendix 1 - Required Reports: Templates and specifications for required regulatory and operational reports
7. Appendix 2 - Security and Data Protection Standards: Detailed IT security and data protection requirements
Authors
Insurance
Reinsurance
Financial Services
Risk Management
Insurance Brokerage
Professional Services
Financial Technology
Regulatory Compliance
Legal
Compliance
Distribution
Operations
Risk Management
Underwriting
Business Development
Broker Relations
Claims
Regulatory Affairs
Partnerships
Sales
Product Development
Finance
Chief Executive Officer
Chief Operating Officer
Chief Compliance Officer
Head of Distribution
Insurance Broker
Compliance Manager
Legal Counsel
Risk Manager
Underwriting Manager
Business Development Manager
Operations Director
Channel Manager
Broker Relationship Manager
Claims Manager
Regulatory Affairs Director
Contract Manager
Insurance Agent
Partnership Manager
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