Transferred agency in insurance law: A framework for the insured's protection in proposal form cases.

摘要

This study is directed towards reconciling the general principles of agency law with the concept of "transferred agency", as developed in insurance law. The insured, in many of the cases of a transfer of the incidence of agency, is losing the indemnity sought in the insurance coverage on unjustifiable grounds. Also, there is no consistency in applying the concept to strip insureds of indemnity. This demands a consistent protective devise for insureds, produced in this study. The study is based on a literature review of the concept of transferred agency. The review is done extensively on the transfer where an agent completes application forms for applicants. The comparative aspect of the study is on the growing tendency of other Common Law jurisdictions to emulate the transfer.; The study relates the literature review with the realities of the insurance industry. There is advocated a line of thought that gives protection to the average policyholder and this is found in the "reasonable expectation" of the insured. In molding the reasonable expectation to suit the context of transferred agency and examining the events flow thereafter, a conclusion is reached. (Abstract shortened by UMI.)