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CII Examination element of M05 Insurance law Sample Questions:

1. 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) Make an ex-gratia payment.
C) Pay the claim in full.
D) Reject the claim for breach of warranty.

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 actual total loss of the vessel.
C) The insured has performed an action of abandonment.
D) The constructive total loss of the vessel.

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

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

4. Two liability policies with different insurers cover the same loss of £15,000,000. The limit of liability is
£10,000,000 under policy X and £20,000,000 under policy Y. Neither policy has a non-contribution clause.
What amount will policy Y contribute towards the claim payment?

A) £10,000,000
B) £9,000,000
C) £7,500,000
D) £5,000,000

5. As a result of a breach of good faith under a commercial insurance policy, the insurer avoided the policy as a whole, but was NOT permitted to retain the premium because

A) the misrepresentation was innocent.
B) the premium was paid by monthly installments.
C) the misrepresentation was fraudulent.
D) no claim had been submitted or paid.

Solutions: