Mutual agreement between
(hereinafter referred to as "The Agent") and Bedford Underwriters, Ltd., P.O.Box 278 Plymouth, WI 53073. (hereinafter referred to as "Bedford")
Bedford has agreements with certain Insurers to underwrite and bind insurance contracts on the Insurers' behalf or to submit applications to the Insurers for underwriting consideration. The Agent desires to and may submit applications for insurance to Bedford for consideration.
The Agent and Bedford agree to be bound by the following conditions with respect insurance applications and contracts placed through Bedford:
I. The Agent understands they are neither an agent nor a representative of Bedford, nor of any Insurer or other company used by or represented through Bedford. The Agent agrees not to infer, or to represent, otherwise. The Agent may not use Bedford's name or the names of its Insurers for advertising without prior written consent.
2. No authority is granted to The Agent to bind Bedford or those Insurers represented by Bedford on any contract of insurance. No insurance contract is ever bound except in writing by Bedford.
3. The Agent and Bedford agree that once The Agent has requested a contract of insurance bound or put into effect, and such contract has, in fact, been bound or effected, the contract shall not be canceled flat.
4. The commission for each insurance contract will be agreed upon on a specific insurance contract by insurance contract basis. The Agent agrees to immediately return to his source and/or the Insured any commission due arising out of a return in premium and said return commission shall be at the same rate agreed upon between The Agent and Bedford at the outset of the specific insurance contract.
5. The premium for each insurance contract and for any endorsements and/or audits to said insurance contract, including any fees levied by Bedford for the insurance contract will be billed individually and are payable to Bedford according to the terms specified on Bedford's invoice.
6. The Agent is responsible and does guarantee to Bedford to remit to Bedford when due, all premiums, fees or other monies, less the agreed commission stated in item 4., above, due to Bedford or Bedford's Insurers on any insurance contract bound or put into effect at the request of The Agent whether said premiums, fees or other monies are collectible by The Agent or not.
This Guarantee also applies to additional premiums due on endorsements. This guarantee also applies to the absolute minimum fully earned premium that is part of the annual or term premium offering made by Bedford at the time of Bedford's consideration of The Agent's application if, per item 3 above, The Agent had requested a contract of insurance bound or put into effect. This guarantee also applies to additional premiums developed by audit under the terms of the insurance contract, and, to "retroactive" premium adjustments under the terms of the insurance contract; unless such audits or 'retroactive" adjustments, are turned back to Bedford in writing, within forty-five (45) days of The Agent's receipt of said audit or "retroactive" adjustment.
7. Subject to any written notice or condition imposed by contract or by law, Bedford will promptly cancel, at The Agent's request, any contract of insurance effected by The Agent with Bedford. It is understood, should the premium(s) on any contract of insurance be financed by a firm, not part of The Agent's operation, and said finance firm requests cancellation, that Bedford must consider this request for cancellation of the contract of insurance by The Agent.
8. Unless stated otherwise on Bedford's written premium offering, Bedford shall be responsible for filings and for payment of any applicable taxes and/or surplus lines fees on any contract of insurance where the Insurer represented by Bedford is, or are, non-admitted insurers. This responsibility applies to both the Department of Insurance and, if any, Surplus Lines Association, or, other designee(s) as provided by the law(s) of the State of jurisdiction.
9. This Agreement may be canceled at any time by either party hereto upon written notice to the other. It is agreed that commissions, or return commissions shall be paid or allowed on additional premiums payable, or on return premiums, after the time of cancellation of this agreement; however in the event Bedford elects to cancel this agreement for violation of its terms by The Agent, The Agent relinquishes all rights or claims to subsequent commissions or additional premium commissions insofar as such may be necessary to satisfy the interest(s) of Bedford under this Agreement. Bedford recognizes The Agent's ownership of the insurance contract(s) placed under this Agreement.
10. The Agent hereby affirms that The Agent is licensed to transact insurance contracts as a property/casualty agent or broker in states where The Agent does business. (Copies of The Agents license(s) must be attached to this Agreement.)
11. The Agent is required to obtain and maintain in place at all times during the term of this Agreement errors and omissions coverage with a minimum limit of $1,000,000. The agent is required to show proof of coverage is in place annually or whenever requested by Bedford. ( Copy of The Agent's Errors and Omissions Insurance declarations page or certificate must be attached to this Agreement.)
12. Bedford and its companies hereby expressly authorize The Agent to deposit in banks insured by the Federal Deposit Insurance Corporation and in savings and loan associations insurance by the Federal Savings and Loan Insurance Corporation, under certificates of deposit or savings accounts any and all premium funds collected by The Agent for and on behalf of Bedford and companies. The interest, if any, which accrues on said funds shall belong to The Agent.