Question
What does a broker of record letter do, and when should we sign one?
Short answer
A broker of record letter is a signed instruction to your carriers that a new broker now represents you on the named policies, which transfers servicing and commission immediately without re-marketing the account, and in a class with few carriers it is usually the correct mechanism because putting the same account in front of the same limited market twice damages your position.
Why this class uses them
In a broad market, an operator unhappy with its broker can simply invite a competitor to quote. In senior care the number of markets willing to write the class is small, and a market approached by two brokers for the same account usually blocks the second one and quotes neither aggressively.
The result is that competitive marketing between brokers actively harms the account. A broker of record letter avoids that by transferring the existing relationships intact, after which the new broker works the same markets on your behalf rather than against your incumbent.
What it does and does not change
It changes who services the account, who receives commission, and who the carrier communicates with. It does not change the policy, the premium, the terms or the carrier. Coverage continues exactly as it is until the next renewal.
Most carriers apply a waiting period, commonly in the range of five to ten days, during which the incumbent broker may contest it or you may withdraw it. Some carriers will not accept one within a short window before renewal, which is precisely when operators most often want to sign one.
When it is the right move, and when it is not
It is right when the problem is representation rather than price: nobody explained the defense treatment, the abuse sublimit was reduced and nobody flagged it, certificates are chronically wrong, or claims advocacy is absent. Those are servicing failures and a new broker fixes them without touching the market.
It is wrong when you have not first given the incumbent a specific written list of what needs to change and a deadline. Brokers who lose accounts on service usually did not know the account was unhappy, and a good incumbent with a decade of loss history knowledge is genuinely valuable.
It is also wrong to sign one mid-claim without checking how the claim advocacy transfers, because a claim in progress with a new broker who has none of the history is a real cost.
How to run it properly
Ask the prospective broker what specifically they will do differently, in writing, before signing. Ask which markets they have direct access to in this class rather than through a wholesaler, because access is the whole question in senior care. Ask who the day to day service contact is and who handles claims.
Then sign one letter per carrier, dated, listing the specific policies. A single generic letter often gets rejected. And tell the incumbent yourself rather than letting them learn it from the carrier.
Primary sources
Sources and references
This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on market appetite and underwriter discretion not captured by these sources.
- NAIC, producer licensing and consumer informationhttps://content.naic.org/consumer.htm
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