Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p7
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 15806–18441

matter relating to that class of insurance business;

the insurer who granted the agency agreement in respect of that class of insurance business is responsible for the conduct, as between the insurer and the insured or intending insured, whether or not the agent has acted within the scope of the authority granted by the insurer.

  "(1D) If:

    (a) a person is the agent of more than one insurer in respect of a particular class of insurance business; and

    (b) the person engages in the conduct in relation to any matter relating to that class of insurance;

the insurers are jointly and severally responsible for the conduct, as between themselves and the insured or intending insured, if the agent has acted beyond the scope of the authority granted by any of the insurers.

  "(1E) If:

    (a) a person is the agent of more than one insurer in respect of a particular class of insurance business; and

    (b) the person engages in the conduct in relation to a matter relating to that class; and

    (c) the person, in so engaging, has acted within the scope of the authority granted by one only of those insurers;

that insurer is responsible for the conduct, as between the insurer referred to in paragraph (c) and the insured or intending insured.

  "(1F) If:

    (a) a person is the agent of more than one insurer in respect of a particular class of insurance business; and

    (b) the person engages in the conduct in relation to a matter relating to that class; and

    (c) the person, in so engaging, has acted within the scope of the authority granted by some only of those insurers;

the insurers referred to in paragraph (c) are jointly and severally responsible for the conduct, as between themselves and the insured or intending insured.

  "(1G) If:

 (a) a person is the agent of more than one insurer; and

    (b) the person engages in the conduct in relation to any matter relating to a class of insurance business in which the person is not the agent of any of those insurers;

the insurers are jointly and severally liable for the conduct, as between themselves and the insured or intending insured, despite the fact that the agent acted outside the scope of the authority granted by any of the insurers.

  "(1H) If:

 (a) a person (the 'principal agent') is the agent of an insurer; and

    (b) the principal agent appoints a second person (the 'sub-agent') to act as agent of the principal agent;

then, for the purpose of determining the ultimate responsibility of the insurer under this section, the actions of the sub-agent are to be taken to be the actions of the principal agent:

    (c)