INSURANCE BROKER: Whether the incidences of the contract between the insurer and the insured will apply where the parties contract through an agent; insurance broker in insurance contract

"Where the parties contract through an agent, in this case a broker, the incidences of the contract between the insured and the broker and between the broker and the insurer are distinct from that between the insurer and the insured.

This is because once the insured pays his premium to the broker he has met his obligation to the insurer and the insurer cannot resile from the contract whether or not the broker remits the sum paid to the insurer.

It was therefore not the business of the appellants whether or not the 1st appellant remitted the premium paid to the insurer."

Per AGBO, J.C.A. in SHORELINE LIFTBOATS NIGERIA LTD. & ORS V. PREMIUM INSURANCE BROKERS LTD. & ANOR (2012) LPELR-9795(CA)