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| Section | Objectives |
|---|---|
| Topic 1: Insurance Contract Formation | - Policy wording and interpretation - Offer, acceptance, consideration, and intention to create legal relations |
| Topic 2: Claims and Remedies | - Fraud and avoidance of policies - Subrogation and contribution - Claims handling process |
| Topic 3: Key Legal Principles in Insurance | - Disclosure and misrepresentation - Warranties and conditions - Utmost good faith (uberrimae fidei) - Insurable interest |
| Topic 4: Liability and Tort Law | - Occupiers’ liability - Negligence principles - Vicarious liability |
| Topic 5: Principles of Insurance Law | - Fundamental legal principles affecting insurance contracts - Nature and purpose of insurance law |
1. For this question more than 1 option is correct. You must select ail the correct options to gain the mark.
In what circumstances does the Fires Prevention (Metropolis) Act 1774 require insurance companies to ensure that claims monies are used to rebuild or reinstate buildings destroyed or damaged by fire?
A) Where there is underinsurance.
B) Where the building was destroyed by an explosion.
C) When fraud or arson by the insured is suspected.
D) Upon the request of any person(s) interested in the buildings.
2. A breach of warranty under the general law of contract legally entitles an injured party to
A) avoid the contract ab initio.
B) avoid the contract from the date of the breach.
C) obtain specific performance.
D) claim damages.
3. For this question more than 1 option is correct. You must select all the correct options to gain the mark. How may double insurance arise?
A) A deliberate attempt to obtain the proceeds of two policies.
B) The inadvertent non-cancellation of a policy when a new policy is taken out.
C) A merger between two major insurance companies.
D) An overlap in cover between two different types of insurance policy.
4. In what circumstances is abandonment automatic under a marine hull insurance policy?
A) The insured has performed an action of abandonment.
B) The actual total loss of the vessel.
C) The insured has sent a formal notice of abandonment.
D) The constructive total loss of the vessel.
5. Ambiguous terms in a household insurance contract are generally construed against the
A) policyholder due to the noscitur a sociis rule.
B) insurer due to the ejusdem generis rule.
C) insurer due to the contra proferentem rule.
D) policyholder due to the literal rule.
Solutions:
| Question # 1 Answer: C,D | Question # 2 Answer: D | Question # 3 Answer: A,D | Question # 4 Answer: B | Question # 5 Answer: C |
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