North Dakota

Commission Alternatives - Fees and Requirements

Charge fee in addition to or in lieu of collecting commissions?
Specific Disclosures or written agreements required to charge fees to a client?
Admin fees for insurance placement?
Charges for services unrelated to the placement of insurance?
Additional licensing required?
Licensed producers may not charge fees for insurance placement.  Producers may charge fees for consulting services performed in the ordinary course of business.  N.D. Admin. Code 45-02-02-10. 
Yes.  If a producer charges a fee for consulting services, the fees for consulting services must be disclosed in a written agreement specifying the amount and extent of the services and compensation.  The agreement must be signed by the client and in a form approved by the Commissioner.  N.D. Admin. Code 45-02-02-9 & 45-02-02-10; N.D. Cent. Code § 26.1-26-35. 
No, see fees in lieu of commissions
Yes, see fees in lieu of commissions
No.  A licensed consultant may not concurrently hold a license as an insurance producer, or surplus lines insurance producer in any line, and may not receive any remuneration from a licensed insurance producer in connection with consulting activities.  N.D. Admin. Code 45-02-02-10; N.D. Cent. Code §§ 26.1-26-10 & 26.1-26-41. 

Malpractice Damage Cap

Damage Cap Amount

State Code

$500,000 cap for non-economic damages. However, any award above $250,000 may be reviewed by judge. Cap was found unconstitutional in 2018, but reinstated in 2019 (Condon v. St. Alexius, 2019)