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CII Examination element of M05 Insurance law Sample Questions:

1. 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) Avoid the contract, refuse all claims and keep the premium.
B) Reject the claim, but maintain the policy.
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.

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

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

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

A) To maintain the annual aggregate limit of liability throughout the policy period.
B) To ensure that underinsurance is avoided at all times.
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.

4. What is the intended purpose of a subrogation waiver clause in an insurance po

A) The doctrine of subrogation is excluded from the policy.
B) The insured has a duty to ensure that the insurer's subrogation rights are maintained.
C) Cover is suspended whilst the insurer pursues an action for subrogation.
D) The insurer's subrogation rights will not be exercised against certain parties associated with the insured.

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

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

Solutions: