มาตรการทางกฎหมายในการควบคุมและส่งเสริมตัวแทนนายหน้าประกันภัย / อัญชลี อนันต์โท = Legal measures concerning the control and promotion of insurance agents and brokers / Anchalee Anantho
The objective of this Thesis is to examine the measures prescribed under the law of Thailand concerning the control, supervision and promotion of insurance agents and brokers. If the existing law is found to be inadequate to serve the insurance business in Thailand. How can one reform the present system? Can one reform it by enacting new legislation or by creating new practices? The author has made a comparative analysis with foreign law i.e. the laws of England various States of the United States of America, Japan and Singapore to find out the defects in the enforcement of the Thai law in order to make necessary reforms. In Particular efforts have been made to make insurance agents and brokers as well as the assured see clearly their roles, duties and responsibilities. From the analysis, the author finds that the legal measures for the control, supervision and promotion of insurance agents and brokers in Thailand are confined to two Acts of Parliament, viz, the Insurance Against Loss Act B.E. 2535 and the Life Assurance Act B.E. 2535. Both Acts of Parliament are silent as to the roles duties and responsibilities of insurance agents and barkers vis a vis the parties involved. The above predicament creates confusion when a dispute concerning the same arises. Even though the Civil and Commercial Code may be applied mutatis mutandis when there is no provisions in both Insurance Acts. Unfair consequences may arise becuase insurance practice is universal in its character. The Civil and Commercial Code may not be able fulfill the international character of the insurance business. Besides insurance agents and brokers are creations of the Insurance Against Loss Act B.E. 2535 and the Life As surance Act B.E. 2535 which are public law in their character. They are not agents and brokers under the Civil and Commercial Code. Therefore the application mutatis mutandis of the provisions of broker and agent in the Civil and Commercial Code to insurance brokers and agents is inappropriate. The author also finds that both Insurance Acts in relation to the provisions on measures for the control, supervision and promotion of insurance agents and brokers are not clear and not implemented thus fail to provide sufficient protection for the consumers in the insurance contracts. Remedial measures are therefore sought after in this research work. Another defect in the Thai insurance business is the lack of institutions, both public and private, to promote and supervise the insurance business to be in line with the insurance practice in industrialised countries. Therefore, it is submitted that Thailand is in dire need of clearer and more systematic legal measures in the control and promotion of insurance agents and brokers on top of what have been provided for in both Insurance Acts of B.E. 2535
