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| Section | Objectives |
|---|---|
| Topic 1: Law of Agency and Insurance | - Agency relationships
|
| Topic 2: Law of Contract | - Contract formation and operation
|
| Topic 3: Nature and Sources of English Law and Natural Legal Persons | - Nature and sources of English law
|
| Topic 4: Formation of Insurance Contracts | - Insurance contract principles
|
| Topic 5: Subrogation and Contribution | - Recovery and sharing of losses
|
| Topic 6: Insurance Contract Terms and Vitiating Factors | - Policy terms and validity
|
| Topic 7: Insurance Claims | - Claims process and legal principles
|
| Topic 8: Indemnity and Measurement of Loss | - Application of indemnity
|
| Topic 9: Law of Torts | - Principles of tort law
|
1. How can an agency relationship be best described?
A) A person has the authority to act on behalf of another party.
B) A person has ratified another party's action.
C) A person, who has paid another party under a contract, has the right to stand in the place of that other party and avail himself of the rights and remedies of that party.
D) A person has transferred his obligations under a contract to another party.
2. 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) Reject the claim, but maintain the policy.
B) Avoid the contract, refuse all claims and keep the premium.
C) Reduce the claim amount in proportion to the premium it would have charged.
D) Apply any terms it would have applied if the misrepresentation had not taken place.
3. A warranty in Emily's personal travel insurance policy states that cash must be kept in a locked safe. Whilst on holiday, a storm destroys her hotel and its contents. When Emily completes a claim form for loss of money, she admits that her cash was NOT locked in the safe. What will be the insurer's likely response to her claim for the lost money?
A) Make an ex-gratia payment.
B) Reject the claim for breach of warranty.
C) Pay the claim in full.
D) Avoid the policy ab initio.
4. Two liability policies with different insurers cover the same loss of £15,000,000. The limit of liability is
£10,000,000 under policy X and £20,000,000 under policy Y. Neither policy has a non-contribution clause.
What amount will policy Y contribute towards the claim payment?
A) £9,000,000
B) £10,000,000
C) £7,500,000
D) £5,000,000
5. For this question more than 1 option is correct. You must select fill the correct options to gain the mark. In what circumstances would an agency agreement be automatically terminated?
A) Death of the agent.
B) Disclosure of the name of the principal.
C) Bankruptcy of the principal.
D) Bankruptcy of the agent.
Solutions:
| Question # 1 Answer: A | Question # 2 Answer: C,D | Question # 3 Answer: C | Question # 4 Answer: A | Question # 5 Answer: A,C |
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