Distinguish between the terms “non-compete” and “non-piracy.”

In its basic terms, a Non-Compete clause protects the agency against a former employee taking accounts that they produced or for which they were responsible while an agency employee. A Non-Piracy clause protects the agency from a former employee taking any agency accounts, whether or not they were responsible for producing or servicing them.

An agency valuation I completed recently came in considerably lower than the agency owners expected. The reason? Their balance sheet was very poor and they were materially out of trust: Meaning that their ratio of Accounts Receivable + Cash to Accounts Payable was less than 1. The agency principals were quite upset that I would decrease their value for this reason. They retorted, “We always pay our companies on time, our companies have never been hurt by this, our customers have never been hurt by this, and our CPA has never found fault with this practice. You're the only one who thinks it matters!”

Insurance agents and brokers have good reason to feel slighted. Like being stuck outside the New Year's party without an invitation, agents have had many reasons for envy as investors in other sectors congratulated themselves for another incredible year. The Dow Jones Industrial Average increased by a whopping 68% from 1996 to 1998, which was its strongest two-year performance since 1955. Even the insurance companies got invited to the party, with property and casualty insurers enjoying a 64% increase in value during the past two years.