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Differential Compensation and the 'Race to the Bottom' in Consumer Insurance Markets

Daniel Schwarcz
University of Minnesota Law School



Connecticut Insurance Law Journal, Forthcoming

Abstract:     
This contribution to a symposium on insurance intermediaries analyzes insurers' compensation of independent agents and brokers in consumer markets. It focuses on various forms of "differential compensation," whereby an intermediary's compensation differs depending on the insurer with which the consumer ultimately purchases coverage. Such differential compensation, the Essay argues, undermines competition among consumer insurers with respect to non-price product attributes. This, in turn, creates the prospect of a "race to the bottom" in consumer insurance markets, as insurers focus on selling the cheapest coverage possible that is consistent with legal restrictions. To address these problems, this Essay suggests that insurers should be required to offer all independent agents that sell their policies a single, flat premium commission rate for each line of coverage.

Keywords: Insurance, Commissions, Contingent Commissions, Agents, Brokers, Intermediaries

Accepted Paper Series

Date posted: January 26, 2009 ; Last revised: January 26, 2009

Suggested Citation

Schwarcz, Daniel B., Differential Compensation and the 'Race to the Bottom' in Consumer Insurance Markets (January 26, 2009). Connecticut Insurance Law Journal, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1333291


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Contact Information

Daniel B. Schwarcz (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
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