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| Section | Objectives |
|---|---|
| Liability and Tort Law | - Vicarious liability - Negligence principles - Occupiers’ liability |
| Claims and Remedies | - Claims handling process - Fraud and avoidance of policies - Subrogation and contribution |
| Insurance Contract Formation | - Policy wording and interpretation - Offer, acceptance, consideration, and intention to create legal relations |
| Key Legal Principles in Insurance | - Utmost good faith (uberrimae fidei) - Insurable interest - Disclosure and misrepresentation - Warranties and conditions |
| Principles of Insurance Law | - Nature and purpose of insurance law - Fundamental legal principles affecting insurance contracts |
1. For this question more than 1 option is correct. You must select all the correct options to gain the mark.
A proposer for private motorcycle insurance carelessly states the motorcycle's engine capacity as 500cc when in fact it is 1500cc. A policy is issued by the insurer on this basis. In the event of a valid claim causing damage to the motorcycle, what potential remedies are available to the insurer under the Consumer Insurance (Disclosure and Representations) Act 2012?
A) Apply any terms it would have applied if the misrepresentation had not taken place.
B) Reject the claim, but maintain the policy.
C) Avoid the contract, refuse all claims and keep the premium.
D) Reduce the claim amount in proportion to the premium it would have charged.
2. At what stage is insurable interest required for a marine cargo insurance policy?
A) Throughout the duration of the contract.
B) At inception of the policy only.
C) At the time of the loss only.
D) At both inception of the policy and at the time of the loss.
3. Tim is a local insurance broker. He has authority to receive premiums for a personal lines insurer and earns commission from the insurer for sales. Paul, an elderly customer, asked Tim for advice regarding his personal insurance requirements and to assist with completing the proposal form for household insurance. In these circumstances, who, if anyone, is Tim's principal?
A) The insurer at all times.
B) Paul as it is a consumer contract.
C) Both the insurer and Paul at different times.
D) No one as Tim is not a party to the insurance contract.
4. Adam was bitten by a stray dog in Africa. He washed his wound in a pond and a week later he became very ill with a high temperature. Initially, the local hospital treated him for malaria and later treated him for the fever following the dog bite. Adam died in hospital. What is the proximate cause of his death?
A) The delay in obtaining the correct medical treatment.
B) The unhygienic washing of the dog bite.
C) The delay in seeking medical treatment.
D) The original physical injury of the dog bite.
5. In terms of private motor insurance, a renewal offer can be accepted
A) by the proposer acting in reliance of the offer.
B) only by the proposer personally.
C) by any third party.
D) only by written communication.
Solutions:
| Question # 1 Answer: A,D | Question # 2 Answer: C | Question # 3 Answer: A | Question # 4 Answer: D | Question # 5 Answer: A |
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