Double Dipper - fee + comission = trouble?

Your response to industry hot topics.

Moderators: Josh, independent guy

TheInsKid
Insurance Journal Addict
Posts: 71
Joined: Mon Apr 25, 2005 9:01 am

Post by TheInsKid »

Let's see if this is as easy as it sounds. A TX agent writing a NV based risk, the key here is what a court of law would say about which state law would apply. NV has very specific rules and regs concerning commissions and fees while TX does not have much on this issue. The 2nd item would be are you appointed by the insurance company or not? If you are appointed, then you have the issue of being an agent for the company. If you do not have an appointment then you would in most cases be considered a broker and represent the client. If you had a service fee or policy fee agreement with the client and outlined your services, you would be much better off. You have the client signing off on what you are charging and for what services, then it is much easier to win the argument. Charging both may raise and most likely has raised more questions about business practices and if NV or TX laws apply.
houstonagent
Insurance Journal Addict
Posts: 41
Joined: Mon Nov 06, 2006 3:11 pm
Location: houston

Post by houstonagent »

could we get a general idea of how much the fee was? thanks....
KPTEE
Insurance Journal Fan
Posts: 6
Joined: Wed May 09, 2007 1:27 pm
Location: California

More than what is permitted by NV law

Post by KPTEE »

He/She won't get specific except that it is more than NV law allows.
"Nobody taught me how to shoot free throws". Rick Barry
Rob
Insurance Journal Addict
Posts: 369
Joined: Fri Mar 02, 2001 11:01 pm
Location: Sacramento
Contact:

Re: More than what is permitted by NV law

Post by Rob »

KPTEE wrote:He/She won't get specific except that it is more than NV law allows.
Well, the original question was does the broker have an obligation to return the fee because it was excessive? If it is more than NV law allows then I think the answer is pretty clear.
KPTEE
Insurance Journal Fan
Posts: 6
Joined: Wed May 09, 2007 1:27 pm
Location: California

Guess you may be right

Post by KPTEE »

I don't think he/she thinks it is that clear, Developer is asking for the money back, not all of it, just some of it.
"Nobody taught me how to shoot free throws". Rick Barry
Rob
Insurance Journal Addict
Posts: 369
Joined: Fri Mar 02, 2001 11:01 pm
Location: Sacramento
Contact:

Re: Guess you may be right

Post by Rob »

KPTEE wrote:I don't think he/she thinks it is that clear, Developer is asking for the money back, not all of it, just some of it.
Ok, so give back an amount that then makes him legal.
KPTEE
Insurance Journal Fan
Posts: 6
Joined: Wed May 09, 2007 1:27 pm
Location: California

Could be more than 6 FIGURES

Post by KPTEE »

THANKS TO ALL OF YOU THAT REPLIED.
"Nobody taught me how to shoot free throws". Rick Barry
Locked