Insurance Broker Certification Practice Exam

What type of agent authority is indicated when an applicant assumes an agent can transact on behalf of an insurer due to the use of company stationery?

1. Implied authority

2. Apparent authority

3. Express authority

4. Limited authority

The correct answer is: Apparent authority

The situation described illustrates the concept of apparent authority. Apparent authority arises when a third party perceives that an agent has the authority to act on behalf of the insurer based on the circumstances and the behaviors of the agent, even if that authority has not been explicitly granted by the insurer. In this case, the use of company stationery by the agent leads the applicant to reasonably assume that the agent has the authority to conduct transactions on behalf of the insurer. This perception is key; the third party relies on the appearance of authority created by the agent’s representation or actions, which in this scenario includes using official company materials. This context emphasizes that the authority perceived by the applicant is based on the external cues provided by the agent, rather than any direct communication from the insurer affirming the agent’s authority. Express authority, in contrast, would require a clear and definitive agreement or communication between the agent and the insurer granting specific powers to act. Limited authority refers to situations where an agent is granted a specific set of powers but does not have general authority to act. Implied authority can occur as a consequence of the agent’s actions but is separate from the visual and contextual clues that define apparent authority.