(1) The insurance agent is deemed to have power of attorney in respect of
1. taking receipt of applications for the purposes of concluding a contract of insurance and its revocation, as well as declarations made prior to the conclusion of a contract and other declarations made by the policyholder,
2. taking receipt of applications for the renewal of or amendment to a contract of insurance and its revocation, termination, rescission and other declarations relating to the insurance agreement, as well as any information to be provided by the policyholder throughout the policy period, and
3. passing on to the policyholder any insurance policies or renewal policies drawn up by the insurer.
(2) The insurance agent is deemed to have power of attorney to accept payments which the policyholder effects in connection with the arranging or conclusion of a contract of insurance. The policyholder only accepts a restriction to this power of attorney to his or her detriment if he or she was aware of the restriction when making the payment, or was not aware of it as a consequence of gross negligence.
(3) The burden of proof regarding the submission or the content of the application, or another declaration of intent in accordance with subsection (1) nos. 1 and 2, is on the policyholder. The burden of proof regarding any breach of the duty of disclosure or of a duty on the part of the policyholder is on the insurer.