On April 2014, Suri purchased a health insurance policy under the 'Executive VIP Plan' Policy from Joe Fernandez,   who   represents   WeCARE   General   Insurance   Berhad.   The   first   instalment   towards premium payment was made by Suri on the same date after signing of all the necessary insurance contract (policy) and thereafter she has been receiving receipts for her monthly payment from the insurance company. Upon returning from her jungle tracking expedition at Gunong Semanggol, Perak, Suri was hospitalized for high fever but the private hospital where she was treated refused to accept her health insurance policy card issued by WeCARE General Insurance Berhad citing that it was not a health insurance card.  

After being discharged from the hospital, Suri went to the WeCARE General Insurance Berhad office to confirm the status and validity of her insurance policy and coverage. During the meeting between Suri and the officer of WeCARE General Insurance Berhad, the officer has confirmed to Suri the followings:-

1) Joe Fernandez is the authorized agent of WeCARE General Insurance Berhad and stationed at Life Insurance Policy Department, and

2) The insurance policy contract between WeCARE General Insurance Berhad and Suri has been properly executed and duly filed, and

3) The insurance policy premium payments made by Suri has been duly received and receipts for the said payments have been issued

With that confirmation, Suri asked for clarification from the officer on why the hospital authority the declined to accept her insurance card issued by WeCARE General Insurance Berhad where the officer told Suri that Joe Fernandez had no authority to sign any person for medical healthcare insurance policy as his job scope is only to sign people for life insurance policy. Not satisfied with answer  from the officer,  Suri decided to take  legal actions against WeCARE   General Insurance Berhad and seek your advice on the followings-

1) What is the definition of an agent and who can be an agent as provided under the Contract Act 1950?                                                   

2)   Whether Joe Fernandez has an authority to act for the WeCARE General Insurance Bhd as an agent?        

3)   Whether the contract entered into by Suri and the WeCARE General Insurance Bhd through Mr   Joe   Fernandez is a  valid contract under the principle of appointment of an agent by ratification?

Answer rating: 100% (QA)

1 In the Contract Act 1950 an agent is defined as a person who is employed to do any act for another ... View the full answer