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| Section | Objectives |
|---|---|
| Liability and Tort Law | - Negligence principles - Occupiers’ liability - Vicarious liability |
| Insurance Contract Formation | - Policy wording and interpretation - Offer, acceptance, consideration, and intention to create legal relations |
| Key Legal Principles in Insurance | - Warranties and conditions - Disclosure and misrepresentation - Utmost good faith (uberrimae fidei) - Insurable interest |
| Claims and Remedies | - Claims handling process - Subrogation and contribution - Fraud and avoidance of policies |
| Principles of Insurance Law | - Nature and purpose of insurance law - Fundamental legal principles affecting insurance contracts |
Question 1
According to statute law, an unfair term in a consumer insurance contract is defined as one which
A. does not restrict liability for death or personal injury.
B. causes a significant imbalance in the parties' rights to the detriment of the consumer.
C. provides insurance where the scope of cover is narrow compared to the premium charged.
D. has been individually negotiated and is to the detriment of either one of the parties.
Question 2
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. Upon the request of any person(s) interested in the buildings.
C. Where the building was destroyed by an explosion.
D. When fraud or arson by the insured is suspected.
Question 3
For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the characteristics of an express term in reaching or recording an agreement?
A. It must be evidenced in documentary form.
B. It may be implied by conduct.
C. It will usually override any implied term which conflicts with it.
D. It may be oral or in writing.
Question 4
As a result of a breach of good faith under a commercial insurance policy, the insurer avoided the policy as a whole, but was NOT permitted to retain the premium because
A. the premium was paid by monthly installments.
B. the misrepresentation was fraudulent.
C. no claim had been submitted or paid.
D. the misrepresentation was innocent.
Question 5
A riot results in a shop being damaged and the shopowner's insurer settling the claim. A subrogation right enabling the insurer to sue the police authority arises under
A. statute.
B. a condition subsequent to liability.
C. tort.
D. a condition precedent to liability.
Solutions:
| Question 1 Answer: B | Question 2 Answer: B,D | Question 3 Answer: C,D | Question 4 Answer: D | Question 5 Answer: A |
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