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Who does the contract exist with when a broker is used?

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Who does the contract exist with when a broker is used?

  • This topic has 5 replies, 2 voices, and was last updated 12 years ago by MikeLittle.
Viewing 6 posts - 1 through 6 (of 6 total)
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  • October 11, 2012 at 7:13 pm #54691
    desperatedan
    Member
    • Topics: 20
    • Replies: 15
    • ☆

    Hello,

    Say I pay a car insurance broker for some car insurance. Does my contract exist with the car insurance broker or with the car insurer? Who would I sue if the service was not provided (e.g. a payout on a crash was not paid)?

    Thank you,

    Dan

    October 11, 2012 at 9:19 pm #105547
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23309
    • ☆☆☆☆☆

    The broker is acting as the agent of the insurer and therefore any contract entered onto by the broker is binding on the insurance company.

    In the event of non-payment for a car crash ( which wasn’t your fault ) then you would sue the insurance company.

    Hope that helps but I also hope that you don’t have the car crash in the first place!

    October 12, 2012 at 2:11 pm #105548
    desperatedan
    Member
    • Topics: 20
    • Replies: 15
    • ☆

    Thank you Mike!

    Sorry please may I ask 2 more questions?

    1. Can I pay the money to the broker and they pay the insurance company on my behalf? (but still keeping the contract between me and the insurance company?). Or must I pay the insurance company directly?

    2. Is it correct to say that if Company A (previously the broker) subcontracts the work to the insurance company then my contract would then be with Company A and I would have to sue Company A? (And then Company A would would sue the subcontracter in turn)

    Many thanks,

    Dan

    p.s. don’t don’t worry, this is a hypothetical car crash! 🙂

    October 12, 2012 at 8:37 pm #105549
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23309
    • ☆☆☆☆☆

    1. Pay the broker! They will deduct their commission and pay the net figure to the insurance company

    2. Why would the broker subcontract the work to an insurance company? I can’t get beyond that! I’m really sorry – but your hypothetical broker sub-contracting to the likes of Scottish Widows just makes no sense at all

    🙁

    October 13, 2012 at 1:24 pm #105550
    desperatedan
    Member
    • Topics: 20
    • Replies: 15
    • ☆
    Quote:
    Why would the broker subcontract the work to an insurance company? I can’t get beyond that! I’m really sorry – but your hypothetical broker sub-contracting to the likes of Scottish Widows just makes no sense at all

    OK I’ll try this again with a different situation. I have a contract with a builder to build my extension. He then subcontracts the building of a wall to a bricklayer. The wall is of such bad quality that it’s dangerous and I have to pay another bricklayer imediately to fix it.

    Is it correct that I would have to sue the builder for compensation? (and whether or not the builder wants to sue the bricklayer in turn is irrelevant to me?)

    Thanks,

    Dan

    October 13, 2012 at 1:44 pm #105551
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23309
    • ☆☆☆☆☆

    Correct – you would sue the builder. He, in turn, may choose to sue the bricklayer, but that’s his choice

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