Any insurance lawyer who handles many cases will see situations where the insurance agent is simply a criminal. The Insurance Journal has published two stories where an agent has been convicted for his actions. The first one is from June 2016 and is titled, Texas Insurance Agent Arrested In Scam…
Articles Posted in Insurance Agents
Ratification Of Insurance Agent’s Conduct
Grand Prairie insurance lawyers need to be able to evaluate an insurance agent’s conduct to determine if the insurance company is liable for the agent’s conduct. An insurance company may be liable for unauthorized conduct of an agent or other person, if the insurance company ratifies the conduct. Ratification may…
The Difference Between A Recording Agent And Soliciting Agent
Most experienced insurance attorneys in Dallas and Fort Worth can tell you the law in this area can be confusing, despite the relatively straightforward principles. Historically, there was a distinction between “recording” agents and “soliciting” agents. A recording agent had authority co-extensive with that of the company, so there was…
Can An Insurance Company Agent Change Insurance Policy Terms?
Another one of those questions that Insurance Law Attorneys ask themselves on many of the cases they see. Pursuant to Texas Insurance Code, Sections 4001.051(c) and 4001.053, an agent is not authorized by statutes to alter or waive a term or condition of an insurance policy or an application for…
Can Insurance Company Be Responsible For The Wrongs Of An Agent
The above is a question most insurance lawyers will ask themselves when investigating a case. An insurance company cannot escape liability by showing that it did not authorize the specific wrongful act. This is made clear in two Texas Supreme Court opinions. One is styled, Celtic Life Insurance Co. v.…
Apparent Authority Of Agents
An insurer also may be liable for unauthorized acts by an agent, if the agent is acting within the scope of his “apparent authority.” Actual authority is not required. The insurer will be liable when by its conduct it has given the agent the appearance of having authority, so that…
Actual Authority Of Insurance Agent
Lawyers in general and insurance lawyers specifically know there are two types of authority — actual and apparent. In turn, actual authority can be expressed or implied. An agent’s authority can be actual authority expressly conferred by the insurer, or it can be actual authority implicit in the agent’s duties. …
Acts Of Agents
Most Weatherford lawyers will tell you that it may be obvious that a person was the insurer’s agent and was acting as a agent — e.g., a person licensed to sell the company’s policy was engaged in selling the policy. In addition, the statutes make clear that anyone engaging in…
What Is “Acting As An Agent” For Insurance Purposes?
Weatherford insurance attorneys need to read and know Texas Insurance Code, section 4001.051. This section provides an expansive list of conduct that constitutes “acting as an agent” for an insurance company, as follows: a) This section applies regardless of whether an insurer is incorporated under the laws of this state…
Who Are Insurance Agents?
Graford Texas insurance lawyers learn real fast how to determine whether someone is an agent of an insurance company, or not. The first step to determine whether an insurer is vicariously liable is to determine whether the person who engaged in the conduct was acting as the insurer’s agent. The…