Although the terms “insurance agent” and “insurance broker” are sometimes used interchangeably, there is an important distinction between them. Persons with these job titles both work to facilitate the purchase of insurance policies by coordinating between (1) persons and entities who are interested in purchasing insurance policies and (2) insurance companies who are interested in selling insurance policies.

The primary difference between an insurance agent and an insurance broker is who they represent in a transaction—and thus where their loyalties lie. An agent represents one or more insurance companies and a broker represents the insurance buyer—whether an individual or a business.

An agent—sometimes referred to as a captive agent—generally provides information about insurance policies (sometimes called “product”) available from the insurance company or companies the agent represents. In contrast, an insurance broker “goes out into the market” and helps the consumer or business owner find, compare, and acquire the appropriate insurance coverage through one or more insurance policies.

An insurance broker’s compensation for helping a client find, compare, and acquire the appropriate insurance coverage is included in the premium payments made by the client (insured) who purchased the policy or policies. A broker should provide a client with a statement detailing the amount of the premium that will be paid to the broker in commission before the client completes the purchase.

In Massachusetts, the distinction between an insurance agent and an insurance broker is legally significant. An insurance agent represents one or more insurance companies and is responsible for selling the insurance products of those companies to consumers. They may be 'captive agents,' representing a single insurer, or 'independent agents,' representing multiple insurers. On the other hand, an insurance broker represents the insurance buyer and is tasked with finding the best insurance policy for their client's needs from the available options in the market. Brokers are required to be licensed and must act in the best interests of their clients, providing advice and assistance in selecting and acquiring insurance coverage. The compensation for an insurance broker is typically included in the insurance premium payments, and they are obligated to disclose the amount of commission they will receive from the insurance policy sale to the client before the purchase is completed. Both agents and brokers must comply with state regulations, which are enforced by the Massachusetts Division of Insurance, to ensure they operate within the legal framework and maintain professional standards.