Terms of Service – Insure With Kerry Updated 5/27/2026
1. Scope of Services & Broker Role
- Free Services: Brokers clarify that their guidance, plan comparisons, and enrollment assistance do not cost you extra. They are compensated via commissions built directly into standard premium rates.
- Independence: Unlike captive insurance agents who sell for one specific company, brokers typically represent multiple insurers and offer a broader range of options.
- No Authority to Bind: The terms explicitly state the broker cannot approve your application, guarantee coverage, alter insurance rates, or bind the insurance company to a contract. Only the insurance carrier can officially approve your policy.
2. Client Responsibilities
- Accuracy of Information: You are legally responsible for providing true, complete, and updated information. If you omit pre-existing conditions or provide incorrect data, the insurance carrier may deny claims or void the policy entirely.
- Timely Communication: You must immediately report any life changes that affect your coverage (e.g., changes of address, income, or family size).
3. Privacy & Data Security
- Data Handling: Brokers must safeguard your Personal Health Information (PHI) and follow federal and state privacy laws.
- Authorized Usage: They outline exactly how they use your data—stating it will only be shared with insurance carriers and relevant regulatory bodies to process your enrollment.
4. Compensation & Fees
- Commission Disclosures: Terms often note that the broker is paid by the insurance carrier through commissions.
- Flat Fees: If a broker charges a consultation or consulting fee (more common in commercial group benefits or certain specialized plans), it will be explicitly outlined in the agreement.
5. Limitation of Liability
- Advice vs. Guarantees: Brokers limit their liability in TOS agreements. They provide guidance based on the information you give them, but they cannot guarantee the financial stability of an insurance carrier or that a claim will be paid.
- System/Website Outages: If you use the broker’s digital platform, quoting tool, or text message program, the TOS will typically disclaim liability for technical downtime, service changes by wireless carriers, or system failures.
For more specific information on how brokers operate or to review federally authorized agent/broker functions, check out the Healthcare.gov Glossary or the CMS Agent/Broker Guidelines.
