Please be aware that you may be requested to sign and return a copy of this agreement.

  1. Broker shall have no authority to bind any coverage’s on new or renewal business or claim hereunder, or make any changes in terms and conditions of any policy of insurance.

  2. Broker shall have no authority to issue a binder in the name of AUI, or any company represented by AUI

  3. In the event an unauthorized binder is issued by the broker through AUI, or company (s) represented by AUI suffers loss, broker agrees to indemnify, hold harmless and defend AUI, and/or company against any judgment or settlement and for all losses and expense, including attorneys fees and investigation, incurred by the company(s) or by AUI in the payment or defense or claim or loss resulting from said unauthorized binder.

  4. AUI will allow broker commissions at such rates as agreed from time to time by the parties hereto. In the event of return premium becoming due for any reason whatsoever, broker shall refund commission to AUI and that there will be no commission paid on any policy fees, taxes, or other fees added to the policy.

  5. Broker agrees that no flat cancellation shall be allowed. Broker will pay to AUI, any and all open accounts, accounts stated or other indebtedness arising out of or relating to policies of insurance under this agreement. Broker further guarantees to pay earned premiums that have been collected (including minimum premiums and audit premiums) and all other fees and charges for the time coverage is in force and effect on any and all insurance policies written though facilities of AUI Broker shall be responsible for arranging for the return to the insured of unearned premium and unearned commissions that belong to the insured. Broker shall remit all payments to AUI within ten (10) days of broker’s receipt of such payment. Broker shall hold all payments received from insured in trust until payments are transmitted to AUI No payment accepted or received by broker shall be deemed paid to AUI until such payment shall be received in hand by AUI Any violation of the forgoing shall be considered a breach of brokers fiduciary responsibilities and obligations to AUI and it’s insurance companies and MGA (s). Broker recognizes that any violation of the terms of this paragraph shall be sufficient cause for rescission of this agreement.

  6. The broker shall submit business from the states that they are licensed in. It is agreed that within said states, the broker shall be free to exercise his judgment as to the person solicited and the time, manner, means and places of solicitations and AUI shall not be responsible for any expenses incurred by the broker in such solicitations, or any brokerage expense.

  7. The broker is not an agent; employee or representative of AUI or any company (s) represented by AUI No act of the broker shall be binding on AUI or its company (s). The broker represents that he or she is duly authorized under that laws of the state of New York. The broker shall be transacting business on behalf of his/her client and not AUI

  8. AUI will use its efforts to give the broker reasonable advance notice of the expiration of all policies, but failure to provide such notice shall not render AUI In the event that the broker not being in default and therefore promptly accounting for and paying all accounts for which he/she maybe liable, the broker (s) records and use and control of expiration (s) shall be deemed the property of the broker and left in his/her undisputed possession and control.

  9. Broker agrees to indemnify and hold harmless AUI any of its employees and agents, along with any of its underwriting companies, claim adjusting companies or insurance companies from and against any and all claims arising out of or relating to any alleged failure to act on behalf of the broker which results in any claim, demand, action or cause of action against AUI or its underwriting companies or insurance companies whether or not said claim, demand action or cause of action be meritorious. Broker agrees to promptly notify AUI of any claim, demand, action or cause of action in which AUI or any of its underwriting companies, claim adjusting AUI companies or insurance companies from any and all loses, expense, demand, action or cause of action, settlement or judgment including expenses of investigators, expert witnesses, court costs, attorney fees of the like arising from or relating to any alleged failure to act on the part of the broker whether or not said claim, demand, action or cause of action be meritorious.

  10. Broker agrees that in the event broker’s agents, sub-agents or affiliate performance on broker’s part of the terms and provisions of this agreement, neither AUI nor any companies or representatives are named in litigation arising out of or related to the performance of its underwriting companies, adjusting companies or insurance companies shall be obligated to defend, indemnify not hold broker harmless from any and all such claims. Nothing herein shall preclude any such undertaking on the part of AUI, at its option from undertaking brokers defense through any such undertaking on the part of AUI shall be deemed an accommodation and not a contractual obligation.

  11. Broker, in placing business under this agreement, recognizes that broker is a representative of the insured and is not acting as an agent or representative of AUI represents and warrants that further warrants his/her authority to sign applications for insurance, for and on behalf of the insured(s)

  12. AUI, or the insurance company shall have no responsibility for any expense incurred by broker no matter howsoever arising.

  13. In the event of any dispute arising between the parties relating to this agreement, it is agreed that the only venue for litigation shall be Nassau County, New York.

  14. Broker agrees that broker will provide each insured with an explanation of the terms and provision of the policy of insurance including, but not limited to coverage being afforded and also exclusions contained with the policy of insurance.

  15. Broker agrees to keep in full force and affect an Errors and Omissions insurance policy with limits of no less than $1,000,000 during the full term of this agreement and if requested will send a copy of the policy (s) to AUI

  16. The conditions of this agreement are severable, and if any one or more provisions be determined to be judicially unenforceable, in whole part, the remaining provisions shall nonetheless be binding and enforceable.

  17. This agreement supersedes and replaces any and all previous agreements and shall be effective as of the date hereafter written and shall remain in force and effect to and until cancellation which may be effectuated by either party giving to the other written notice of cancellation which shall be mailed to the party at the address first herein above written of such other address as may from time to time in writing be specified by a party to this agreement for the giving of notice. Cancellation of this agreement will be effective after the mailing and any such cancellation shall comply with the laws of the suite where the broker’s license is issued.

  18. It is agreed the statements on this agreement / application or any material submitted herewith are true and accurate representation of the applicant and they shall be deemed material to the acceptance of risk(s) from the brokerage by PCIC, RRG. And acceptance is done in reliance upon the truth of said representation.

  19. By accepting to place business through AUI, broker consents to receive communication via telephone, fax, email or regular mail.