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  • Miscellaneous–Conflict of Laws

    The business of insurance, as carried on by English insurers, is not confined exclusively to England and Wales, but extends to countries which are outside the jurisdiction of the English Courts. On the other hand, insurers who are not English are entitled to carry on insurance business in England, provided that they comply with the [&hellip...
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  • The relationship between the agent and third parties

    Where an agent contracts for a principal he has certain rights and liabilities under the contract which he has made. If he had no authority to enter into the contract, he may be sued by the third party for breach of warranty of authority. In some cases he may be liable in tort to the [&hellip...
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  • The relationship between the principal and third parties

    The general rule is that the principal is liable to the third party for any act done by the agent which falls within the agent’s authority. In certain circumstances the principal is entitled to ratify the agent’s unauthorized acts, and thus is enabled to take advantage of them vis – a –vis the third party, [&hellip...
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  • The relationship between the Principal and the Agent

    When an agent is appointed, he has certain rights against his principal and also has duties to perform. Where the agent is guilty of a breach of duty, certain consequences will follow. A. THE RIGHTS OF THE AGENT The rights of an agent against the principal are : The right to claim commission. The right [&hellip...
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  • Agency in Insurance Transactions.

    Every stage in the contract of insurance, from the inception of the negotiations to the receipt of the payment of the loss, involves to a greater or lesser degree the employment of agents. On the part of the insurers, agents are universally employed; insurance companies must necessarily act through agents,whilst underwriters are usually associated in [&hellip...
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  • The Construction of the policy

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  • The assignment of the policy

    The assignment of the policy contained in the policy, being a purely personal one, does not run with the subject-matter of insurance in the same way as certain contracts are said to run with the land. An assignment of the subject-matter, therefore, does not of itself operate as an assignment of the policy so as [&hellip...
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  • Other insurance

    The assured is not prohibited by law from effecting as many policies as he pleases on the same subject-matter and against the same risk, and the existence of several policies at the same time does not affect the validity of the individual insurances, though his rights under any particular policy may, in the event of [&hellip...
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  • The assignment of the subject-matter insured under the policy

    The assured does not necessarily retain his interest in the subject-matter of insurance thoughout the currency of the policy. Usually the policy contains an express clause setting out the result of any assignment by the assured. Further, the subject-matter may have been assigned by operation of law in the case of his death or bankruptcy. [&hellip...
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  • The alteration of the risk under the policy

    The risk that the event insured against will or will not happen necessarily depends on the subject-matter of insurance and its attendant circumstances, and the insurers, in accepting the insurance, are guided by the state of the subject-matter and the circumstances existing at the date of the policy. The description inserted in the policy of [&hellip...
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