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Insurance Management Agreement

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INSURANCE MANAGEMENT AGREEMENT

This Insurance Management Agreement ("Agreement") is entered into on by and between:

Parties

Recitals

WHEREAS, the Insured desires the Manager to provide insurance procurement, policy administration, premium collection, claims coordination and related services as set forth herein; and WHEREAS, the Manager is duly authorized and has the expertise to perform such services under the terms of this Agreement.

Definitions

"Policy" means any insurance contract procured or administered on behalf of the Insured. "Services" means the scope of administrative and brokerage activities described in Section 3. "Premiums" means amounts due to insurers for coverage under a Policy.

Scope of Services

The Manager shall, subject to the terms of this Agreement, perform the following Services (select applicable):

Policy Details

Policy Period From:

To:

Exclusions and Limitations

The Manager shall not be responsible for coverage denials, exclusions, or policy terms established by the insurer. Known exclusions applicable to the Policy are described below.

Claims Handling

Beneficiary Designation

Fees, Commissions and Payment

Authority, Records and Confidentiality

The Insured hereby appoints the Manager as its non-exclusive agent for the limited purposes set forth herein and authorizes the Manager to submit applications, bind coverage where authority is granted, collect premiums where authorized, and communicate with insurers on behalf of the Insured. The Manager shall maintain accurate records of transactions and will hold confidential all non-public information received pursuant to this Agreement, except as required by law or regulatory authority.

Indemnification and Limitation of Liability

The Insured agrees to indemnify and hold harmless the Manager and its affiliates from and against all claims, liabilities, losses and expenses arising out of the Insured's breach of this Agreement or any misrepresentation to insurers, except to the extent resulting from the Manager's gross negligence or willful misconduct. Except for liability arising from gross negligence or willful misconduct, the Manager's aggregate liability shall not exceed the total fees paid to the Manager under this Agreement during the twelve (12) month period preceding the claim.

Term, Termination and Notices

Term Commencement:

Term Expiration:

Either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party for any reason. Notices shall be sent to the addresses set forth in this Agreement and are effective upon receipt.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the state specified below without regard to conflict of laws principles. The parties agree that disputes arising hereunder shall be resolved by binding arbitration in the designated jurisdiction unless otherwise mutually agreed in writing.

Representations and Warranties

Each party represents and warrants that it has full authority to enter into this Agreement and that performance hereunder will not violate any other agreement or obligation. The Insured represents that the information provided to the Manager is true and complete to the best of the Insured's knowledge.

Miscellaneous

This Agreement, together with any schedules and endorsements attached hereto, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, and agreements. Any amendment to this Agreement must be in writing and executed by both parties.

Insured / Client:

By:

Date:

Insurance Manager:

By:

Date:

Enter text✕

What an Insurance Management Agreement Is and when it's used

An Insurance Management Agreement is a contract that delegates administration of insurance programs to a manager, broker, or third-party administrator. It defines services such as policy placement, premium collection and allocation, claims handling, policy endorsements, compliance reporting, and insurer communications. The agreement clarifies authority to bind coverage, billing responsibilities, fee arrangements and recordkeeping obligations, and it typically accompanies master policies or program documents used by carriers, brokers, insureds, and risk managers.

Why a clear Insurance Management Agreement matters

A precise agreement reduces coverage disputes, centralizes policy data, improves auditability, and assigns clear authority for premiums, claims, and endorsements. Well-drafted terms also support regulatory compliance and make electronic workflows auditable and reproducible.

Why a clear Insurance Management Agreement matters

Typical parties and users of this agreement

Common users include insurers, brokers, corporate risk managers, and third-party administrators who rely on clear duties and signing authority.

  • Insurance carriers and underwriters responsible for program acceptance and policy wording, ensuring delegated manager actions conform to underwriting guidelines.
  • Brokers and managing general agents acting as program administrators who place coverage, collect premiums, and coordinate endorsements with carriers.
  • Corporate risk managers and policyholders who need defined billing, reporting, and claims escalation processes to protect coverage.

The agreement aligns operational tasks with legal authority so each party knows decision limits, payment responsibilities, and reporting cadence.

Core clauses to include in a professional Insurance Management Agreement

Include clauses that allocate duties, define authority limits, and set financial and reporting mechanics so the arrangement is enforceable and operationally clear.

Scope of Services

Describe precise administrative tasks: policy placement, endorsements, claims intake, premium reconciliation, audit support, and communication obligations to carriers and insureds.

Authority to Bind

Specify who can bind coverage, sign endorsements, and accept policy terms; include monetary or line-size thresholds for delegated authority to avoid ambiguity.

Premium Handling

Set procedures for premium invoicing, collection, escrow or trust accounts, reconciliation intervals, and responsibility for unpaid premiums or audit adjustments.

Claims Management

Define claims reporting steps, authority to settle or escalate, documentation standards, and cooperation required with carriers during investigations or litigation.

Reporting and Audit

Require periodic financial and performance reports, access for carrier audits, and retention of records sufficient for regulatory reviews and tax reporting.

Termination and Amendment

Prescribe notice periods, cure rights, post-termination duties (final reconciliation), and amendment procedures including required approvals or notarization if applicable.

Security, compliance, and signature standards to specify

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Legal Frameworks: ESIGN and UETA acceptance required
Audit Trail: Timestamped signer events and IP logging
HIPAA Considerations: BAA required when PHI is present
21 CFR Part 11: Controls for FDA-regulated records
Access Controls: Role-based access and multi-factor options

Step-by-step: completing an Insurance Management Agreement

Follow this ordered checklist to reduce errors and ensure signatures and authority are clear before execution.

  • 01
    Prepare parties: Enter full legal names and entity types for all parties.
  • 02
    Define scope: Detail delegated services, exclusions, and thresholds in plain terms.
  • 03
    Set financials: Describe fees, premium flow, escrow accounts, and reconciliation timelines.
  • 04
    Sign and retain: Obtain signatures, date them, and store a certified electronic copy with audit trail.

How to set up the agreement in an e-sign workflow

Configure fields and authentication to match the agreement's legal needs and the parties' risk profile before sending for signature.

Field Configuration
Signature Field Required for each signer; include date fields adjacent to signatures
Conditional Clauses Show or hide exhibits based on selections to avoid irrelevant attachments
Authentication Level Select email+SMS or KBA depending on signer identity requirements
Bulk Send Template Save standard agreements as templates for repeated program deployments

Where to send the signed Insurance Management Agreement

Route executed copies to every stakeholder and system that needs notice, recording, or operational access to the agreement.

  • Carrier Records: Send an executed copy to the insurer for underwriting and policy file updates.
  • Broker System: Store a signed version in the broker's administration platform and client portal.
  • Internal Compliance: Deliver copies to corporate risk or legal teams for regulatory and audit purposes.
  • Claims Administrator: Provide the claims team with authority pages and contact points for reporting and settlement.

Technical requirements for digital completion and distribution

Choose a platform that supports common file formats, integration with carrier systems, and required signer authentication levels.

  • File Formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Signer Authentication: Email, SMS, or advanced KBA

Verify the vendor supports secure storage, audit trails, role-based access, and any regulatory addenda (for example a BAA) before finalizing workflows.

Common timing requirements to include and observe

Document key dates and notice periods explicitly so renewal, cancellation, and reconciliation actions are timely and documented.

Effective Date:

Date when duties and rights commence; use MM/DD/YYYY format.

Renewal Notice:

Specify how many days before expiration a renewal notice must be given, commonly 30–60 days.

Termination Notice:

State required cure period and notice period, often 30 days unless otherwise negotiated.

Claims Reporting Window:

Refer to the applicable policy; many policies require immediate or prompt reporting of claims.

Audit and Reconciliation:

Set intervals for premium reconciliation and records submission, typically quarterly or annually.

Common mistakes that cause disputes or delays

  • Using informal or abbreviated party names that do not match formation documents, which can create ambiguity about who is bound.
  • Failing to state authority limits clearly, allowing a manager to act beyond delegated powers and risk coverage denial.
  • Not attaching required exhibits such as policy schedules, fee schedules, or insurer binder confirmations, causing operational confusion.
  • Skipping authentication controls on signatures for high-risk transactions, which weakens evidence of intent and consent.

Short list of risks and potential legal consequences

Coverage Denial: Misrepresentation or improper authority can lead to denied claims
Regulatory Fines: Noncompliance with state insurance laws may trigger penalties
Financial Loss: Misallocated premiums create exposure for underpayment
Contract Dispute: Ambiguous clauses invite litigation and increased costs
Tax Consequences: Incorrect reporting of brokerage or fee income risks IRS penalties
Operational Delay: Missing signatures or exhibits slow underwriting and claims handling

Frequently asked questions about Insurance Management Agreements

Answers to common legal and practical questions about validity, signatures, amendments, and recordkeeping for these agreements.


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