USCA11 Case: 21-11135 2 Date Filed: Page: 2 of 18 Opinion of the Court 21-11135 _ Appeal from the United States District Court for the Northern District of Florida D.C. 21-11135 _ MSPA CLAIMS 1, LLC, Plaintiff-Appellant, versus TOWER HILL PRIME INSURANCE CO, Defendant-Appellee, TOWER HILL CLAIMS SERVICE, LLC, Defendant. If specific legal or other expert advice is required or desired, please seek the services of an appropriate, competent professional, such as a licensed Florida attorney familiar with the Florida Insurance Code.USCA11 Case: 21-11135 Date Filed: Page: 1 of 18 In the United States Court of Appeals For the Eleventh Circuit _ No. It was prepared solely for use as a guide, is not a substitute for the Agent’s/Agency’s independent evaluation of any provision in a contract, and is not a recommendation that the contract be signed or rejected. It is not intended to answer specific individual legal, business, or other questions. Provides that the Agreement shall not be amended unless both parties consent to the amendment in writing.įAIA’s Office of the General Counsel provides this contract review only for general information and comments. Provides that the Agreement shall be construed under the laws of Florida and that any action to enforce or interpret the Agreement shall be in the District Court of Alachua County.Ĥ. Recognizes that ownership of policyholder information remains with the Limited Representative both during and after the termination of the Agreement. Provides that after three years from the assumption date of the last affected policy, the Agreement MAY be extended by either party in two year increments by providing at least 30 days prior notice to the other party, and that only two such extensions are available to the parties. Provides that after three years from the assumption date of the last affected policy, either party may terminate the Agreement by providing 90 days advance written notice to the other party.ĥ. The indemnification language is fair and mutual and includes liability and cost of defense however, it does not limit the indemnification obligation for either party when the other party has caused or contributed to the damage. This provision does not include a dispute or appeal process for the Limited Representative. Requires Limited Representative to refund servicing fees on cancelled policies and on reductions in premiums at the same rate the servicing fees were originally earned, and to do so within 45 days of MGA’s notice to Limited Representative, otherwise, MGA reserves the right to withhold payment of any and all servicing fees owed to Limited Representative. Allows insurance company or MGA to offset undisputed servicing fees owed to Limited Representative with any unpaid obligations of Limited Represented to MGA, without giving the Limited Representative the opportunity to dispute or appeal the amounts claimed by the MGA to be owed.Ĥ. Provides that the underwriting guidelines and written directives may be amended by MGA at any time and no notice requirements to Limited Representative are specified. Provides that Limited Representative shall not have binding authority unless specifically granted by MGA, and if granted, it may be revoked at any time by notice from MGA, however, a notice period is not specified.Ĥ. Provides that the terms of the Agreement apply only to “take out” policies removed from Citizens.ģ. Structure corresponds to the lettered and/or numbered paragraphs of the contract (PDF). MGA may offset, and in some circumstances withhold, servicing fees (commissions) owed to Limited Representative when MGA determines there is an unpaid obligation owed by Limited Representative to MGA or insurer, without any dispute or appeal process afforded to Limited Representative.Agreement is for a period of three years with a discretionary option given to either party to renew.This review exclusively focuses on major issues of concern to insurance agencies and does not address general contract issues or provisions of the contract that contain boilerplate language.
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