Delegated Authority
The contractual underwriting, binding, and claims authority a carrier grants to an MGA or coverholder to write risks without prior carrier approval.
FAQs
- What happens if an MGA binds a risk outside its delegated authority?
- An out-of-authority binding creates a legal question of whether the carrier is bound. In most cases, the carrier's good faith obligations to the policyholder mean it must honor the coverage while pursuing remedies against the MGA—including clawback of fees, financial recovery for any losses, and potential termination of the authority agreement. The MGA may face errors and omissions liability if it caused the out-of-authority bind.
- How does a carrier monitor delegated authority compliance?
- Primary monitoring occurs through monthly or quarterly bordereau review, which allows the carrier to compare bound risks against authority parameters and spot eligibility exceptions. Annual or periodic audits involve the carrier's staff reviewing individual underwriting files to assess risk quality and eligibility compliance. More sophisticated carriers use real-time data feeds from MGA systems to monitor aggregate utilization continuously.
- Can delegated authority include authority to settle claims?
- Yes. Claims handling authority can be part of a delegated authority agreement, allowing the MGA or third-party administrator to investigate, reserve, and settle claims up to defined thresholds without carrier involvement. Claims authority is often separate from binding authority and subject to more intensive carrier oversight, given the potential for significant financial impact.
Related Terms
Program Business
Insurance written under delegated underwriting authority for a defined, homogeneous niche managed by an MGA or program administrator with specialized expertise.
Managing General Underwriter (MGU)
An entity with comprehensive delegated underwriting authority from carriers, including binding, policy issuance, premium collection, and often claims handling.
AI Model Governance
The policies, procedures, and controls an insurer implements to ensure AI and ML models are accurate, fair, explainable, and regulatory-compliant.
Quota Share
A proportional reinsurance treaty where cedent and reinsurer share premium and losses at a fixed percentage, transferring a set portion of every policy.
