Author Question: Brokers versus Agents. James and Hazel Gray signed a joint application for health in-surance ... (Read 43 times)

plus1 · **on:** Jun 24, 2018

Brokers versus Agents. James and Hazel Gray signed a joint application for health in-surance coverage with Great American Reserve Insurance Co John Sides, who at the time was not an agent for Great American but an independent insurance broker, took their application. On signing the application, the Grays gave Sides 188.50, the first month's premium, and later alleged that Sides had told them the policy would become effective when the first payment was made. Sides then sent the application to Great American, along with his own application to become a salesperson for Great American. Sides subsequently was allowed to sell Great American insurance policies. After several initial problems, Great American received the Grays' policy application two and a half months after they had signed it, and only then did the company begin to process the application. Two days before Great American received the policy application, James Gray was thrown from a horse and was injured. Hazel Gray notified Sides of the injury, but Sides learned from Great American that the Grays were not covered as of the date of the injury. James Gray then brought suit against Great American and Sides for breach of an insurance contract. Did the Grays have a valid insurance policy with Great American on the date of James Gray's injury? Explain.

Question 2

A company that has more than 25,000 worth of business with the federal government and does not publish and distribute a statement notifying employees that the use, distribution, or possession of drugs in the workplace is prohibited would be in violation of:
a. the Drug Prohibition Act
b. the Drug Control in the Workplace Act c. the Drug-Free Workplace Act
d. the Zero Tolerance Act
e. the Drug Prevention in the Workplace Act

adammoses97 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Brokers versus agents
No, because an application for insurance is only an offer; it does not become a contract until the insurer accepts it. No matter what Sides may have said to the Grays, he had no authority to accept the Grays' offer and thus bind Great American in a contractual relationship as he was not at that time an agent for Great American, but an independent broker. Therefore, Great American was not liable under contract to the Grays.

Answer to Question 2

c