Eligibility
An Agency is generally responsible for the acts and omissions of its Producers, Designated Producers and CSRs. Accordingly, an Agency must ensure that its Producers, Designated Producers, and CSRs comply with and satisfy all duties and responsibilities arising under the FWCJUA Operations Manual, regardless of whether the Manual expressly states that the duty or responsibility is applicable to the Agency. In addition, Designated Producers must ensure that their Agencies and CSRs comply with and satisfy all duties and responsibilities arising under the Manual, regardless of whether the Manual expressly states that the duty or responsibility is applicable to a Designated Producer.
No Producer or Agency may submit Applications for Coverage to the FWCJUA or directly or indirectly receive compensation in connection with business written by the FWCJUA unless the Producer and his or her affiliated Agency jointly enter into and maintain an Agency Producer Agreement with the FWCJUA. To be eligible to become an authorized Agency and Designated Producer, the following minimum standards, plus any others established by the Board, must be met:
1. The Agency must maintain errors and omissions insurance in an amount not less than $500,000 per occurrence.
2. Each location of the Agency must be duly licensed and/or registered with the Florida Department of Financial Services, Division of Agent and Agency Services.
3. Each Designated Producer must be an individual licensed by the Florida Department of Financial Services as a general lines resident or nonresident insurance agent authorized to solicit, negotiate and effectuate workers' compensation insurance.
4. Each Designated Producer or the Agency must serve as an insurance agent or insurance agency, as the case may be, of an insurer actively writing workers' compensation and employers' liability insurance in the state of Florida, pursuant to a certificate of authority issued by the Florida Office of Insurance Regulation.
5. The Agency and each of its Designated Producers must enter into an Agency Producer Agreement with the FWCJUA. The initial term of the Agreement is two years, and the Agreement will be automatically renewed and continue in force for successive two- year periods unless the Agreement is terminated earlier pursuant to its terms. A copy of the Agency Producer Agreement may be found in Part Seven of the Manual.
The Agency Producer Agreement may be amended from time to time by the FWCJUA, in which case the Agency will be provided 30 calendar days' notice of such amendments. The Agency or its Designated Producers may reject the proposed amendment by providing written notice of termination to the FWCJUA prior to the effective date of the amendment, in which case the Agreement shall terminate on and as of the effective date of the amendment unless an earlier termination date is requested in the notice of termination. If the FWCJUA does not receive a notice of termination prior to the effective date of an amendment, then the amendment to the Agreement shall become effective on the date specified in the notice of amendment. In lieu of this amendment process, the FWCJUA in its discretion may elect to require certain amendments to this Agreement to be executed by the Agency and its Designated Producers after providing at least 30 dalendar days' written notice prior to the effective date of the proposed amendment. If the FWCJUA does not receive the executed written amendment from the Agency or its Designated Producers prior to the effective date of the proposed amendment, then this Agreement shall automatically terminate as of the effective date of the proposed amendment.
Additionally, should the Agency desire to add or delete a Designated Producer or Customer Service Representative during the term of the Agreement, an Agency Producer Agreement Addendum to Exhibit A shall be completed and submitted to the FWCJUA. A copy of the Addendum may be found in Part Seven of the Manual.
The Agency identified on the original Application for Coverage and its Designated Producer who signed the original Application for Coverage will remain as the Agency and Designated Producer of record unless a change is properly requested by the Policyholder. Please refer to the Change of Agency and/or Designated Producer procedure found in Part Four, E of the Manual.
Please refer to the Application Forms section of this website for a copy of the FWCJUA Agency Producer Agreement and Agency Producer Agreement Addendum to Exhibit A.
For more information, contact our Underwriting Department at 941-378-7400 or e-mail underwriting@fwcjua.com. |