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CII Examination element of M05 Insurance law Sample Questions:

1. A married couple have equal shares in a property and are insured under a buildings insurance policy. What is the likely position in law of a breach of good faith by one party, which was unknown to the other party?

A) Cover for both parties would be invalidated as the cover is likely to be a composite policy.
B) Cover for both parties would be invalidated as the cover is likely to be a joint policy.
C) Cover would be maintained in full for the innocent party as the cover is likely to be a joint policy
D) Cover would be maintained in full for the innocent party as the cover is likely to be a composite policy.

2. When, if at all, does the duty of fair presentation of a risk apply after a non-consumer insurance contract has been formed?

A) On submission of a claim.
B) Where there is a variation in the insured risk.
C) It does not apply as the duty is to take reasonable care not to make a misrepresentation.
D) From the date of a breach of warranty.

3. A claimant may possibly recover money transferred under an illegal contract when

A) the illegality makes the contract voidable rather than void.
B) the legal portion of the contract can be severed from the illega portion.
C) both parties to the contract are equal in wrongdoing.
D) the contract is against public policy but not substantive law.

4. In what circumstances is abandonment automatic under a marine hull insurance policy?

A) The constructive total loss of the vessel.
B) The actual total loss of the vessel.
C) The insured has performed an action of abandonment.
D) The insured has sent a formal notice of abandonment.

5. Bill owned a painting which was insured under a policy containing a first refusal clause. The painting was stolen and Bill's claim was settled, but several months later the painting was recovered by the police. As a consequence, what is Bill's position under his insurance policy?

A) Bill must buy the painting back.
B) Bill must return the claim settlement in exchange for the painting.
C) Bill may keep the claim settlement and also keep the painting.
D) Bill may exercise an option to buy the painting back.

Solutions: