71Agency

#### 71 Agency (1) A provision of this Act (other than subsection 58(2)) for or with respect to the giving of a notice or other document or information to an insured before a contract of insurance is entered into does not apply where the contract was arranged by an insurance broker, not being an insurance broker acting under a binder, as agent of the insured. (2) Where: (a) a person who is not an insurance intermediary acted as agent of an insured in arranging a contract of insurance; and (b) the insurer gave that person a notice or other document or information as mentioned in this Act; the insurer shall be deemed to have given the notice, other document or information to the insured. (3) An insurance intermediary, other than an insurance broker who is not acting under a binder, shall, in relation to the giving of a notice or other document or information that, by this Act, is required or permitted to be given, be deemed to be the agent of the insurer and not of the insured.