Insurance Law Reform Act 1977

  • This version was reprinted on 24 May 2016 to make a correction to section 9(2)(b) under section 25(1)(j)(ii) of the Legislation Act 2012.
10 Salesman, etc, to be agents of insurer

(1)

A representative of the insurer who acts for the insurer during the negotiation of any contract of insurance, and so acts within the scope of his actual or apparent authority, shall be deemed, as between the insured and the insurer and at all times during the negotiations until the contract comes into being, to be the agent of the insurer.

(2)

An insurer shall be deemed to have notice of all matters material to a contract of insurance known to a representative of the insurer concerned in the negotiation of the contract before the proposal of the insured is accepted by the insurer.

(3)

In this section the term representative of the insurer includes any servant or employee of the insurer and any person entitled to receive from the insurer commission or other valuable consideration in consideration for such person’s arranging, negotiating, soliciting, or procuring the contract of insurance between a person other than himself and such insurer.