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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Claims and Indemnity Principles | 15% | - Subrogation and contribution - Notification and proof of loss - Measure of indemnity |
| Topic 2: Formation of Insurance Contracts | 15% | - Insurable interest - Utmost good faith and disclosure - Offer, acceptance and consideration |
| Topic 3: Law of Agency | 10% | - Creation and types of agency - Application to insurance intermediaries - Authority, rights and duties |
| Topic 4: Interpretation and Vitiation of Insurance Contracts | 15% | - Warranties, conditions and exceptions - Rules of construction - Factors vitiating the contract |
| Topic 5: Nature and Sources of English Law | 15% | - Legal personality and capacity - Sources of law: statute, common law, EU influence - Legal system and structure |
| Topic 6: Law of Torts | 15% | - Application to liability insurance - Principles of negligence - Other torts: trespass, nuisance, breach of statutory duty |
| Topic 7: Law of Contract | 15% | - Breach and remedies - Terms, conditions and representations - Essentials of a valid contract |
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) Upon the request of any person(s) interested in the buildings.
B) Where there is underinsurance.
C) Where the building was destroyed by an explosion.
D) When fraud or arson by the insured is suspected.
2. Within what time period, from the date when the damage first began, does the owner of an office block have a right to sue the builder for negligent construction work?
A) 6 years.
B) 15 years.
C) 9 years.
D) 3 years.
3. Who is entitled to the surplus if a subrogation recovery from a negligent third party is greater than the amount the insurer has paid to the insured?
A) The insured only.
B) The State
C) It is shared between the insurer and the insured.
D) The insurer only.
4. What is the intended purpose of a subrogation waiver clause in an insurance po
A) Cover is suspended whilst the insurer pursues an action for subrogation.
B) The insured has a duty to ensure that the insurer's subrogation rights are maintained.
C) The insurer's subrogation rights will not be exercised against certain parties associated with the insured.
D) The doctrine of subrogation is excluded from the policy.
5. The branch of law particularly relevant when handling negligence claims is
A) civil law.
B) constitutional law.
C) administrative.
D) public law.
Solutions:
| Question # 1 Answer: A,D | Question # 2 Answer: D | Question # 3 Answer: A | Question # 4 Answer: C | Question # 5 Answer: A |
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