Insurance
Nov. 6, 2013
Sizing up agent authority
Actual authority is the easy part; ostensible authority is where it gets tricky.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
In 1872, with respect to one's authority to represent another, the Legislature enacted several statutes, which are essentially worded the same today. See, e.g., Civil Code Sections 2298-2300 and 2316-2317. Significantly, such authority is either "actual" (Section 2299 - "the agent is really employed by the principal") or "ostensible" (Section 2300 - the principal, intentionally or negligently, "causes a third person to believe another to be his agent who is not really employed" by that pr...
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