DE Producers & Adjusters Bulletin No. 1
Standards for Cancellation of Agents Writing Auto Insurance
AGENTS’ BULLETINS NO. 1
STANDARDS FOR CANCELLATION OF AGENTS
WRITING AUTO INSURANCE
Original No. 69-1
Amended April 15, 1974
and No. 91-6
Adopted December 6, 1991
Combined and Amended April 15, 1992
From time to time insurers opt to cancel an independent agency contract. In those cases where
policies of automobile coverage are in force, the following criteria are required to be followed:
(a)
If the agency is to be terminated, the insurer, at least 60 days prior to the anniversary date of each
individual insurer’s policy, shall notify the agency of this date. Then, if the agency at least 30 days prior to
the anniversary date notifies the insurer that coverage has been placed with another insurer, the insurer
shall not send a notice as described in paragraph (b) below. In every such instance it is necessary that the
agency consult with and secure the policyholder’s permission before such notification is issued to the
insurer.
(b)
If the insurer does not receive notice from the agency that the policy has been replaced at least 30
days prior to the anniversary date, then the insurer shall immediately notify the policyholder that is has a
legal obligation to continue such policy if the policyholder so desires; and further, if the policyholder wishes
to continue his policy with the insured, it will be placed through an agent appointed by the Company; or on a
direct basis if the insured does not indicate that the services of an independent
agent are desired.
(c)
The objective to be achieved by the above is two-fold: (1) to protect the agency so that it may fairly
retain its business in the event of contract cancellation and (2) to protect the policyholder so that he may
exert a free choice and yet retain protection.