8. Role of a broker Flashcards
Principal and agent
Agent is one authorised by the party (principle)
3 ways agent / principle relationship can arise
Consent - mutual agreement
Necessity - entrusted and it becomes necessary to act on their behalf
Ratification - act without authority but later accepted by the principle
Agent of the insured
- advises on cover or placing of insurance
- advises insured on how to make a claim
Agent of the insurer
- can bind cover
- authority to collect premiums and does so
Duties of an agent (5)
Obedience
Personal performance
Due care and skill
Good faith
Accountability
Duties of a principle
Remuneration
Indemnity
Actual authority
Express - mutual agreement
Implied - actions taken in a certain order to carry out express instructions
Apparent authority
Third party assumes appropriate authority of agent
Termination of agency
Mutual agreement
Termination
Death / bankruptcy / insanity
Unique market reference
Unique code given to the placed risk
Enterprise Act 2016
1 year window for insureds who believe their claims were paid late to file a legal action for damages.