Last reviewed: 8 October 2026

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What is an "agent of record" or "broker of record" letter?

The short answer: it is a written statement signed by an insured telling an insurer that a particular broker or agent will act as the insured's representative.^[1] The New York Insurance Department (now part of the Department of Financial Services) said, in opinions from 2003 to 2007, that the letter is not a creation of statute or regulation, that it was developed by the insurance industry, and that, as of those opinions, New York had no laws or regulations governing its procedures^[1][2][3]. Idaho's Department of Insurance, in a 2009 bulletin, calls the same document a "producer of record letter" and set out guidelines because some producers had obtained signatures without explaining the letter's effect^[5].

The short version

• Other names for it: "broker of record," "agent of record," "producer of record" letter.^[5]
• Idaho describes it as documenting an insured's decision to replace a producer that has previously represented the insured with another producer.^[5]
• New York's Insurance Department said whether the former broker must be told depends on the contracts between the broker and the insured and between the broker and the insurer, which it does not regulate.^[1][2]
• On who earns the commission, the department pointed to the contracts and noted that courts there have generally held, absent an agreement to the contrary, that a licensed broker earns its commission when it brings about the relationship of insurer and insured.^[2]
• Two states are not the country. These are older statements from two regulators; ask your own state insurance department what, if anything, it says today.

What two regulators have said

What Idaho says a letter should contain

Idaho's bulletin gives "general guidelines," not a nationwide rule. It says the letter should be executed by the insured, on the insured's letterhead, to notify an insurer that the insured has selected a particular producer; that the named producer "must be appointed by and authorized to represent all insurers named in the letter"; and that it is not an acceptable practice to leave any portion blank to be filled in after the insured has signed.^[5] At a minimum it lists:^[5]

• the insured's complete name and, for a business, the title of the person signing;
• all affected policy numbers with anniversary or effective date and line of business;
• the intended effective date of the notice;
• the new producer's complete name and address, who must be licensed in the lines of business in the letter and appointed by each insurer named at the time it is executed;
• the names of all insurers the notice is intended for;
• the date the insured signed; and
• an explanation that the purpose is to make the named producer the insured's producer of record and to replace any existing producer of record.

The bulletin also says a copy should be given to the insured.^[5]

What this means for you

Treat the letter as a document with consequences, not a formality. If you are asked to sign one, you can ask in plain words which producer it names, which insurers and policies it covers, the effective date, and whether it replaces your current producer; check that nothing is left blank; and ask for a copy. Idaho's list above is a reasonable reference even outside Idaho, but it is only that state's guidance. You can check that a producer is licensed and appointed before you sign: see how to check an agent's license and how to verify a carrier appointment. For how appointments work, see the appointment explainer, and for the difference between agents tied to one insurer and brokers who are not, captive and independent agents. If you think you were misled about what you signed, see how to file a complaint against an agent.

What this page does not cover

We did not survey every state or any insurer's own broker-of-record procedures, which may add waiting periods or forms. We do not say which producer you should use or whether to change. We do not cover health-plan, Medicare or public-entity programs. This is general information, not legal advice.

Related checks

Our standard explains how we check an agent's license and disciplinary history. Check an agent reports our findings at category level, as a method and not a verdict. Neither reviews any insurer, plan or product. For a state-by-state starting point on regulators, see the state department of insurance directory.

When we will update this page

We re-read the sources when they change. If something here is out of date, tell us. Corrections are dated on the page.

References

1. [1] New York State Insurance Department (now part of the Department of Financial Services), Office of General Counsel Opinion No. 07-07-15, "Broker of Record Authorization" (20 July 2007), read 8 October 2026 — dfs.ny.gov/insurance/ogco2007/rg070715.htm
2. [2] New York State Insurance Department (now part of the Department of Financial Services), Office of General Counsel Opinion No. 06-01-11, "Broker of Record Letters" (9 January 2006), read 8 October 2026 — dfs.ny.gov/insurance/ogco2006/rg060111.htm
3. [3] New York State Insurance Department (now part of the Department of Financial Services), Office of General Counsel Opinion No. 03-12-01, "Non-admitted Insurer's Premium Quotes and Broker of Record Letters" (1 December 2003), read 8 October 2026 — dfs.ny.gov/insurance/ogco2003/rg031201.htm
4. [4] New York State Insurance Department (now part of the Department of Financial Services), Office of General Counsel Opinion No. 01-04-13, "Broker of Record Letters" (11 April 2001), read 8 October 2026 — dfs.ny.gov/insurance/ogco2001/rg104112.htm
5. [5] Idaho Department of Insurance, Bulletin No. 09-04, "Producer of Record Letters" (23 April 2009), read 8 October 2026 (published as a PDF on the department's website, doi.idaho.gov)