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CII Examination element of M05 Insurance law Sample Questions:

1. 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) a person holding a senior position at Liz's bank.
C) a person holding a dominant position over Liz.
D) Liz's independent financial adviser.

2. A breach of warranty under the general law of contract legally entitles an injured party to

A) claim damages.
B) avoid the contract from the date of the breach.
C) obtain specific performance.
D) avoid the contract ab initio.

3. According to statute law, an unfair term in a consumer insurance contract is defined as one which

A) causes a significant imbalance in the parties' rights to the detriment of the consumer.
B) does not restrict liability for death or personal injury.
C) has been individually negotiated and is to the detriment of either one of the parties.
D) provides insurance where the scope of cover is narrow compared to the premium charged.

4. Why may an insurer insert a continuing warranty into an insurance policy?

A) To ensure that underinsurance is avoided at all times.
B) To maintain the annual aggregate limit of liability throughout the policy period.
C) To enable an insurer to charge an additional premium if the warranty is continually breached.
D) To encourage good risk management by the insured throughout the policy period.

5. 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) Avoid the policy ab initio.
B) Reject the claim for breach of warranty.
C) Pay the claim in full.
D) Make an ex-gratia payment.

Solutions: