When a suspended agent sends business to the accepted company, the agency`s relationship is ratified by such a measure and the company is prevented from denying the existence of the contract. The company has the right to refuse such a transaction when it is submitted, but once the transaction is accepted, the company waives the right to refuse to cover itself on the basis of the refusal of acceptance. Provision (A) is extremely important, as it provides that decisions on direct invoice are taken on the basis of mutual agreement between representatives and companies. Today, most treaties do not provide for these decisions to be taken by mutual agreement. Some contracts do not cover the point, others seem to indicate that the company is making this decision. The practice of carrying forward beyond the term of the insurance contract the expenses related to the acquisition of new activities is called the deferred acquisition cost. Description: Cost is the cost of direct and indirect variable expenses incurred by an insurer at the time of sale or purchase of an insurance contract (both new and renewed). Costs can be in the form of brokerage, and insurance is mostly sold by agents. The underlying contract is therefore strongly influenced by the legal authority of the agent, which is itself determined by well-established general legal rules as far as the Agency is concerned. An agency contract is a legally binding contract between a person or organisation (designated as the contracting entity) and another person or organisation (referred to as an agent), under which the former allows the latter to act on their behalf. As a result, the work of the Agency Contracts Committee continues. Through this guide and the contractual seminars that the Agents` Committee organizes throughout the country, the Committee continues its crusade to train agents, so that they ask their companies for fair agency agreements.
Provision (a) recognizes that the contract is an agreement between two contracting parties and that, before modifying the terms of the agreement, each will negotiate in good faith with the other and agree on the modifications to be made. This provision clearly shows what was implicit – the duty of good faith that was imposed on each party to negotiate with the other on an individual basis. It is an important principle that the agent should ensure that it is written into his contract. Where an insurance undertaking is under a reinsurance contract with another insurance company, that reinsurance shall be called contractual reinsurance. Description: In the case of contractual reinsurance, the company that sells the insurance policies to another insurance company is referred to as a transferring company. Reinsurance frees up the capital of the transferring company and helps to increase the solvency margin. It also allows, if termination is unavoidable, there are certain safeguards that should be included in the agency contract. There should be a provision allowing the agent to notify in writing at least 180 days in advance of termination, with such notification containing specific grounds for termination.
In the event of termination, all extensions, which take place within one year from the date of termination and which comply with current underwriting standards, should be extended for at least one additional year, under the conditions in force before termination. . . .