English abstract
This research concludes, that there is a post for someone, who works in insurance field called (insurance agent) with multiple capacities, holding different tasks and responsibilities. Insurance agent has an effective input in enhancing, and achieving the integrated structure of Omani insurance market, and its evolution to get the best benefits within the Sultanate, and that provided by activating his role properly. Insurance agent has a prominent economic role on the work of commercial and industrial establishments, which is make a distinction between him and personal insurance agent. Although Omani Insurance Market was not interested in mediation Insurance issue as a Complementary component for insurance process, and its contribution in developing the insurance market in terms of increasing the volume of recorded business, market structure, and issuing of appropriate legislations, However, the insurance market is witnessing a high turnout by the owners of vehicles, shops, factories and commercial establishments up to their utmost need for the insurance on their properties, besides,Increasing of traffic accidents and horrific fires, makes activating the role of insurance agent an utmost necessity. The mediation contract between the insurance agent and the insured person has different legal nature, up to the capacity which is granted by the insured company, or the insured person to the insurance agent for practicing his profession, as It may be holding agency contract, or a agreement contract, or a contract of employment, or it could be just a kind of curiosity by the insurance agent. The mediation contract is also a binding contract for parties, forms obligations and rights on them, which did not mention swiftly by Omani legislator when he organized the profession of insurance agents, or as they call them (insurance brokers). Therefore, there was one among the research recommendations reveals the necessity of developing an integrated and comprehensive legislation for all aspects of the profession of the insurance agents, including their obligations and rights. It is natural, and stands to reason that the contract binding by both parties may result in their responsibility in case of breaching their obligations, and this is what we have reached, that the insurance agent may have responsibility toward the insurance company or toward insured, or toward other insurance intermediaries if he breached or had any default in his obligations. This liability could be nodal or raised from any default in obligations, besides it could be ethical, when the insurance agent breaches or neglects of some ethics required by his profession. This does not mean that the responsibility of the insurance agent is always obtainable, but there may be reasons for requiring the exclusion of this responsibility, one of them for example is the foreign reason. Finally, this research discussed some of the mechanisms and warranties to ensure for the insurance agent to perform a good task, each should the insurance agent be committed to before the conflict accrued so that makes him practice his profession accurately and perfectly, as financial guarantee, compulsory insurance, and taking into consideration the ethical rules of the profession of the insurance mediation, legislations and the basic foundations for insurance agents work. Added also in this research, using technology as development purpose to the work of the insurance agent and keeping him updated. Others can be resorted to, after the occurrence of the conflict such as reconciliation, the direct case, and the direct recourse action
