Melbourne, Florida · Serving clients statewide

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Michael P. Sapourn, JD, CIC, CRM
Agency Practices

Premium Accounting and Segregation of Funds

The short answer

State law restricts how agencies handle premiums collected from clients. Commingling premium with operating funds, or delaying remittance to insurers, creates legal and coverage exposure. Michael Sapourn testifies on agency premium accounting practices and the agent's fiduciary duties.

Premium is not working capital

Most states have statutes on commingling agency working capital with premium collected from customers, and most agents work within them. Simply put, premium collected from clients should be remitted to the insurer promptly, removing the temptation to use the float during a difficult financial stretch. Failing to remit premium can also leave clients without coverage.

Sound practices

  • Written procedures for accounting for collected premium that comply with state law and each insurer’s remittance rules
  • Using company direct-billing plans where available, removing collection from the agency’s responsibilities
  • Periodic independent audits of the agency’s books to discourage employee dishonesty
  • A short-term line of credit so a cash crunch never tempts anyone to use client funds

Mr. Sapourn is retained by both plaintiff and defense counsel for case analysis, opinion reports, affidavits, depositions and trial testimony. Request his CV and Rule 26 disclosure through the contact form.

Frequently asked questions

What is commingling?

Mixing premiums collected from clients with the agency's own operating funds. Most states regulate this closely.

How can agencies reduce premium-handling risk?

Use company direct-bill plans where possible, follow written premium accounting procedures that match state law and insurer requirements, arrange periodic independent audits, and maintain a line of credit for cash crunches.

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