In agency presumptions, possession of application blanks and receipt forms may create a presumption of agency, which can be overcome by which of the following?

• A. Proof that company materials were improperly acquired.
• B. Written confirmation from the insurer.
• C. Policy beneficiary designation.
• D. Signed power of attorney.

Answer: (A)

The main idea is that simply having the insurer’s application blanks and receipt forms can raise a presumption that the holder is acting as the insurer’s agent, because these materials are normally handled by authorized representatives. That presumption isn’t absolute and can be rebutted if you can show the materials were obtained by improper means, meaning there was no legitimate agency relationship to begin with. Proving improper acquisition demonstrates that the person didn’t have authority to act for the insurer, so the presumption disappears.

The other options don’t address the issue of authority. Written confirmation from the insurer would tend to support agency, not defeat it. A policy beneficiary designation concerns who benefits from the policy, not whether a person is an authorized agent. A signed power of attorney would actually grant authority and strengthen the appearance of agency, not undermine it.