United Contractors Insurance Services Group, Inc.
45-110 Club Drive Suites D&E
Indian Wells, CA 92210
Tel: 760-345-9029 Fax: 760-345-9028
BROKER AGREEMENT
GENERAL INFORMATON:
Whereas United Contractors Insurance Services Group, Inc. herein known as UCISG is organized for the purpose of underwriting
risks on behalf of United Contractors Insurance Company Inc., A Risk Retention Group; and whereas the
Broker is a licensed insurance Agent or Broker in one or more states and (subject to restrictions imposed by
law upon the Broker in such state or states) said Agent or Broker is desirous of placing contracts of insurance from such states for insured named in such contracts of insurance, and is desirous of utilizing generally the underwriting g facilities of UCISG.
Now, therefore, in consideration of the mutual covenants and agreements herein expressed, the parties hereto
agree as follows:
I. OWNERSHIP OF THE BUSINESS
UCISG recognizes the independent ownership by the Broker of the insurance business covered by the
Agreement, however, in the event it becomes necessary for UCISG to cancel the Agreement by reason of
violation by the Broker of any of the provisions of the Agreement, before or after termination, the use and
control of expirations shall be vested in UCISG insofar as they may be necessary to satisfy the interest of
UCISG and UCISG companies.
II. COMMISSIONS
UCISG shall pay the Broker as commission, a percentage rate of the premium on each policy written and paid
for under this Agreement at the rate stipulated by UCISG. The Broker shall pay UCISG a return commission at
the same rate on any return premiums, including return premiums on cancellations ordered or made by UCISG
whether or not the Broker shall have collected the premium from the insured.
III. CANCELLATION OF INSURANCE
Nothing in this Agreement shall be construed as limiting or restricting the right of UCISG to cancel any binder, policy or contract of insurance issued under this Agreement in accordance with the cancellation provisions of such binder, policy or contract. The Broker shall not be entitled to credit for any flat cancellation unless expressly agreed to in writing by UCISG. The Broker shall be liable for the earned premium thereon whether or not collected from the insured.
IV. PREMIUMS, TAXES AND FEES
Policy down payment, taxes and fees are due within the time limit defined on the proposal or insurance binder. Full payment of the balance premium due or satisfactory direct billing established on any insurance bound or written, including audits hereunder, net of the Broker's commission (net premium) shall be paid by the Broker to UCISG within 30 days of the effective date of coverage or invoice date, whichever is later, regardless of whether or not the policy has been issued. Failure by the Broker to remit such premiums as specified shall be cause for UCISG to initiate cancellation proceedings on behalf of UCISG companies. Reinstatement upon subsequent payment by the Broker of the net premiums due shall be at UCISG discretion. The Broker guarantees all premiums, taxes and fees due to UCISG on insurance bound whether or not collected from the insured.
V. CLAIMS
The Broker agrees to notify UCISG and/or UCISG authorized claims adjusters of any claims, suits or notices of
loss (or circumstances which might reasonably be expected to result in a claim, suit or notice of loss). The
Broker agrees to cooperate fully with UCISG to facilitate the investigation adjustment, settlement and payment of any claim when and as requested by UCISG.
VI. ADVERTISING
The Broker shall not insert any advertisement referring to UCISG companies or cause to have issued any
letter, circular, pamphlet or other publication or statement referring to UCISG companies without express
written consent of UCISG. In the event UCISG OR UCISG companies shall be subjected to loss or expense
arising out of any unauthorized advertisement, publication or statement of the Broker, the Broker shall be liable for all resulting damages and costs.
VIII. NO BINDING AUTHORITY
The Broker cannot bind, or cause to have bound any insured on behalf of UCISG. The Broker has no
authority to issue endorsements to any policy issued by UCISG.
IX. CANCELLATlON OF AGREEMENT
The Agreement may be canceled at any time by either party giving written notice to the other. After the date of
cancellation of the Agreement, unless otherwise stipulated by UCISG, the Broker shall complete the collection
and account to UCISG for premiums, commissions and other transaction unaccounted for on the date of
cancellation or arising thereafter with respect to the outstanding balances. In case UCISG shall find it
necessary to perform any duty otherwise required of the Broker under this Agreement, the Broker shall be
liable for all costs incident thereto.
X. OTHER PROCEDURES
UCISG and their issuing carriers assumes no responsibility toward any policy holder or sub-Broker with regard
to the adequacy, amount or form of coverage obtained through UCISG. The Broker will hold UCISG and their
issuing carriers harmless from any claim asserted against UCISG by reason of UCISG following the Broker's
instructions.
XI. INDEMNIFICATlONS
The Broker agrees to hold harmless and indemnify UCISG, INC. and their issuing carrier(s) against any and all liability
arising out of dishonest, fraudulent or negligent acts, errors or omissions of the Broker or any of their employees, agents,
or Sub Brokers. UCISG agrees to hold harmless and indemnify BROKER and it's employees against any and
all liability arising out of dishonest, fraudulent or negligent acts, errors or omissions of UCISG, or any of it's employees,
agents, Sub Brokers or issuing carrier(s
XII. COSTS AND FEES
Should either party bring suit in court to enforce any of the terms hereof, it is agreed that the prevailing party
shall be entitled to a judgment for its costs and reasonable attorney's fees. This agreement shall be construed,
governed and enforced in accordance with the laws of the State of California.
Print form, sign and return to Sharon Eversz by Fax at 760-345-9028.
