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Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6422
Experience:  20 years of proefessional experience
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I have a question about the intent of the rebating laws. I

Customer Question

I have a question about the intent of the rebating laws. I have a situation in which an insurance broker set up group health insurance policies with high commissions. In this instance the broker earned over $330,000 of commissions in the policies. The insured now wants a return of some of the commissions by renewing the policies with no commissions in them and working on a reduced fee. Additionally the insured would like the insurance broker to return some of the commissions earned. Are these two examples of rebating and prohibited by law?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia.
JA: Has anything been filed or reported?
Customer: Not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is it against the law for the insured to ask for a refund or is rebating just the act of the insurance broker giving back money.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Here is the law.

It appears that what you are trying to do may be confused as a violation under this law unless, you create a conflict resolution trail in which it is made clear that the refund in premiums was not some form of inducement for you to insure with any particular insurer; but rather grounds in a fraud or misrepresentation claim which you would have pursued in court but were able to settle. In other words, I would make sure there is a written settlement agreement documenting this as a legal claim against the broker which settled.

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