Who is responsible for completing the Acord 35 Cancellation form with a client. We have completed them for clients as a service for years when they move to us from another agency. Another agent is telling one of mine that we cannot do this? I couldn't find any statutes or guidance from the state on voluntary cancellation procedures. So two parts… 1. can we complete the Acord 35 for a client who is new to us for cancelling their old policy? 2. Are we responsible for responsible for cancelling a policy for a client that leaves us if they did not directly notify us (i.e. – we talked to the client and the client said the new agency would send cancellation) Thanks in advance for anything you can provide.
Wisconsin Subscriber
The policies don't have any language dealing with who is allowed to complete cancellation forms for the insured – those would come from the insurers themselves.
The commercial policies have the following provision:
A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.
The personal lines policies contain the following:
HO 00 03:
1. You may cancel this Policy at any time by returning it to us or by letting us know in writing of the datecancellation is to take effect. PP 00 01:
A. Cancellation This Policy may be cancelled during the policy period as follows: 1. The named insured shown in the Declarations may cancel by: a. Returning this Policy to us; or b. Giving us advance written notice of the date cancellation is to take effect.
No policy addresses cancellation documents being prepared by an agent, nor do any statutes that we know of. While many agents complete the Acord form as a courtesy to the insured, it is actually the responsibility of the insured to enact any cancellation forms or requests. It could be that the insurer is particular about accepting forms from another agent. To avoid possible E&O issues, I would advise clients that run into this situation that it is imperative for them to follow up with their new agent to be sure the cancellation takes place.