6.2 Relevant Agency Principles

The agency law's application (the contract-of-agency's craft): The actual authority: the express-and-implied powers (the agent's mandate — the binding acts within the scope: the solicitation, the receipt, the information's communication); The apparent (ostensible) authority: the principal's representation — the third-party's reasonable-reliance (the insurer's uniform-and-forms' holding-out; the agent's apparent-scope: the premium's receipt — the binding-collection question); The agent's acts' binding effect: the knowledge's imputation (the agent's notice = the insurer's notice — the communication's timing craft); the agent's authority's limits (the waiver's non-power — the agent cannot vary the contract; the claim's settlement's authority faces); The insurer's responsibility for the agent's wrongs: the misstatement's responsibility (the proposal's completion-assistance — the agent's errors' attribution: the consumer's protection's line — the "the insurer writes the agent's words" doctrine faces); the collection's responsibility (the premium's receipt-by-agent = the payment's completion — the insurer's risk); The agent's-and-broker's duties: the fiduciary faces (the premium's trust-account; the client's-money discipline); the care-and-skill; the disclosure-of-conflicts (the commission's transparency); The termination's faces: the agency's ending (the notice; the outstanding-commission's claims; the client's-records' return).