Agla fires all agents

Anyone leaving AGLA and taking a client list with them is breaking the law. It is a violation of Federal Trade protection and HIPPA. Being fired by AGLA is enough, don't get sued and possibly end up losing your license as well.
 
Anyone leaving AGLA and taking a client list with them is breaking the law. It is a violation of Federal Trade protection and HIPPA. Being fired by AGLA is enough, don't get sued and possibly end up losing your license as well.

Yet another reason to never be captive or have all your family's financial eggs in one basket. A basket you have no real control over.
 
Depends on what's on the list. HIPAA has to do with medical information... which I doubt would be on such a list. The violation would be on consumer privacy laws.

That being said, I personally believe that if a policy is sold by an agent, that the company has a duty to help ensure that the policy is managed by an agent. Now, a 'belief' doesn't necessarily make it legal, but it was the COMPANY that quit the agent force, not the agent quitting the company. That makes it a different situation.

If the agent wants to assume a more 'fiduciary' relationship with the clients they have been serving... why should a "mass firing" prevent a licensed agent from servicing these policyholders? In fact, it MAY be in the policyholder's best interest to replace these policies to those with a company who supports the agent business model, rather than just letting everyone go.

I think the company owes their policyholders an explanation as well as allowing them to continue to be served by the agent that sold them their policy (or agent of record or whatever). Former AGLA agents should be able to sign on with them as an independent and service the business they previously sold... or those who have a relationship with the agent will see that business replaced.

It's what's right for the consumer... and I'm willing to bet that would hold up in a court of law... because it was the COMPANY that abandoned the policyholder by eliminating their agent sales force... not the agent that didn't quit.

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Most companies also have agents sign a non-solicit agreement that the agent agrees to not solicit or replace business from a company for a period of 12-24 months.

Think about it: Such an agreement ALREADY IMPLIES that the agent has a list of policyholders when they leave. It's very common and it's how you build a career. You don't abandon your customers & clients when you change firms - if at all possible.
 
Depends on what's on the list. HIPAA has to do with medical information... which I doubt would be on such a list. The violation would be on consumer privacy laws.

That being said, I personally believe that if a policy is sold by an agent, that the company has a duty to help ensure that the policy is managed by an agent. Now, a 'belief' doesn't necessarily make it legal, but it was the COMPANY that quit the agent force, not the agent quitting the company. That makes it a different situation.

If the agent wants to assume a more 'fiduciary' relationship with the clients they have been serving... why should a "mass firing" prevent a licensed agent from servicing these policyholders? In fact, it MAY be in the policyholder's best interest to replace these policies to those with a company who supports the agent business model, rather than just letting everyone go.

I think the company owes their policyholders an explanation as well as allowing them to continue to be served by the agent that sold them their policy (or agent of record or whatever). Former AGLA agents should be able to sign on with them as an independent and service the business they previously sold... or those who have a relationship with the agent will see that business replaced.

It's what's right for the consumer... and I'm willing to bet that would hold up in a court of law... because it was the COMPANY that abandoned the policyholder by eliminating their agent sales force... not the agent that didn't quit.

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Most companies also have agents sign a non-solicit agreement that the agent agrees to not solicit or replace business from a company for a period of 12-24 months.

Think about it: Such an agreement ALREADY IMPLIES that the agent has a list of policyholders when they leave. It's very common and it's how you build a career. You don't abandon your customers & clients when you change firms - if at all possible.

Agreed, my clients did not sign up with this IMO or that company. They signed up with me. They are my clients. I built a good portion of my book off of orphans. I'd be damned if I would orphan my book. Anyone do business in the past with CNA/Valley Forge or Jackson National?
 
Some of you are confusing independent versus captive rules. When you sell insurance through a captive career agency you sign away your rights to those clients and policies. It doesn't matter how the company treats you or the clients it does not change your contractual obligations. Replacements and/or even contacting a former client is grounds to have your insurance license removed. Keeping a client list, especially if it contains clients you did not write originally is illegal. Although it is unlikely you would be prosecuted data theft is in fact a felony. My suggestion if you leave the old business alone and go prospect new clients independently.
 
You're over dramatizing it.

Think of how many non-solicits that brokers "violate" when they move from one b/d to another. And no, they haven't been barred from the securities industry. They do it intelligently.

BTW, you're confusing insurance licensing with insurance appointments. Contacting a former client is grounds to have an insurance license revoked? I'm sorry, but I've never heard of that... and I'm in California - the land where you can be arrested for selling an annuity!

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Oh, and if career agencies did a better job of recruiting, training, and retaining their agents... they probably wouldn't be as eager for leaving towards independence.
 
When a company terminates an agent without cause I would think it invalidates the contract.
 
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