anonymous11 (stud) 09 June 2013
We have subscribed to life insurance policy of ING Vysya.We paid three premiums of 50k each.But for the 2nd premium we gave the amount to the Agent.Agent is a nearer person to us.He didn't pay the 2nd premium,He used entire amount.Now can we take any legal action against agent.
VENKATACHALAM M (Senior Lecturer) 09 June 2013
More importantly, can we make the insurance company liable, as principal, in this contract of agency?
adv. rajeev ( rajoo ) (practicing advocate) 09 June 2013
File a complaint on the agent. Co., is not liable because they are only the agents of the co., not an employee
VENKATACHALAM M (Senior Lecturer) 09 June 2013
What about 'vicarious liability' and 'respondeat superior'?
Sudhir Kumar, Advocate (Advocate) 09 June 2013
sorry. vicatiour liability is attracted only when the servant/agent is acting within delegated authority. Generally insuranc ecompanies do not authro9ise agents to collect premium and also inform the insurers on this. SO chances of company being liable are sparce.
so complaintg subsists against agent only and the offence is cognisable andnon-bailable.
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