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CII Insurance law (IL) Sample Questions:

1. A nurse working shifts is regularly disturbed by her neighbour givig brass instrument lessons in Ihe evenings.
She is tired and losing concentration at work but is NOT at risk of losing her job. What remedy can be provided by equity as an alternative source of law to common law?

A) Punitive damages.
B) Specific performance
C) An injunction.
D) General damages.

2. A household insurance policyholder leaves his home to go to work without setting the burglar alarm. Whilst he was out, his new tumble dryer overheats and causes fire damage to the kitchen. In what circumstances may the insurer legally reject a fire claim?

A) If there is a subrogation action against the manufacturer of the tumble dryer.
B) If the policyholder exaggerates the value of the claim.
C) If the tumble dryer is covered by extended warranty insurance.
D) If there is a breach of a warranty requiring the burglar alarm to be set.

3. 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) Reject the claim for breach of warranty.
C) Make an ex-gratia payment.
D) Avoid the policy ab initio.

4. Under the provisions of the Contracts (Rights of Third Parties) Act 1999, the right to enforce a contractual term arises if a third party.

A) appoints an agent to carry out the contract provisions.
B) is the agent who arranged the contract.
C) is one of a general class of persons identified in the contract as benefitting from the contract.
D) proves that the parties to the contract intended to limit his rights.

5. A property policy contains a condition regarding prompt loss notification. If the insured fails to comply with this condition, in practice, the insurer is likely to

A) settle the claim and cancel the insurance policy from inception.
B) settle the claim and recover its outlay from the insured.
C) only avoid the claim if the delay has seriously prejudiced its investigation and handling of the claim.
D) avoid the claim automatically due to the breach of the policy condition.

Solutions: