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| Section | Objectives |
|---|---|
| Key Legal Principles in Insurance | - Warranties and conditions - Disclosure and misrepresentation - Utmost good faith (uberrimae fidei) - Insurable interest |
| Principles of Insurance Law | - Nature and purpose of insurance law - Fundamental legal principles affecting insurance contracts |
| Claims and Remedies | - Claims handling process - Subrogation and contribution - Fraud and avoidance of policies |
| Insurance Contract Formation | - Offer, acceptance, consideration, and intention to create legal relations - Policy wording and interpretation |
| Liability and Tort Law | - Negligence principles - Occupiers’ liability - Vicarious liability |
1. 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) Pay the claim in full.
B) Avoid the policy ab initio.
C) Reject the claim for breach of warranty.
D) Make an ex-gratia payment.
2. When a defendant deliberately destroys possessions belonging to someone else, he has committed the tort(s) of
A) trespass to goods, conversion and nuisance only,
B) trespass to goods only.
C) trespass to goods, conversion, nuisance and battery.
D) trespass to goods and conversion only.
3. In what circumstances is abandonment automatic under a marine hull insurance policy?
A) The insured has performed an action of abandonment.
B) The constructive total loss of the vessel.
C) The actual total loss of the vessel.
D) The insured has sent a formal notice of abandonment.
4. A claimant may possibly recover money transferred under an illegal contract when
A) both parties to the contract are equal in wrongdoing.
B) the illegality makes the contract voidable rather than void.
C) the legal portion of the contract can be severed from the illega portion.
D) the contract is against public policy but not substantive law.
5. Dan made a financial arrangement on behalf of Liz. However, Liz had the arrangement set aside by the court on the basis that she had been unduly influenced by Dan. To establish undue influence, the court must have specifically identified Dan as
A) Liz's husband.
B) Liz's independent financial adviser.
C) a person holding a senior position at Liz's bank.
D) a person holding a dominant position over Liz.
Solutions:
| Question # 1 Answer: A | Question # 2 Answer: B | Question # 3 Answer: C | Question # 4 Answer: A | Question # 5 Answer: D |
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