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CII E05 Exam Syllabus Topics:

SectionWeightObjectives
Topic 1: Interpretation and Vitiation of Insurance Contracts15%- Warranties, conditions and exceptions
- Factors vitiating the contract
- Rules of construction
Topic 2: Claims and Indemnity Principles15%- Measure of indemnity
- Subrogation and contribution
- Notification and proof of loss
Topic 3: Law of Agency10%- Authority, rights and duties
- Application to insurance intermediaries
- Creation and types of agency
Topic 4: Formation of Insurance Contracts15%- Utmost good faith and disclosure
- Insurable interest
- Offer, acceptance and consideration
Topic 5: Nature and Sources of English Law15%- Sources of law: statute, common law, EU influence
- Legal personality and capacity
- Legal system and structure
Topic 6: Law of Contract15%- Essentials of a valid contract
- Terms, conditions and representations
- Breach and remedies
Topic 7: Law of Torts15%- Application to liability insurance
- Principles of negligence
- Other torts: trespass, nuisance, breach of statutory duty

CII Examination element of M05 Insurance law Sample Questions:

1. The principle of subrogation prevents a policyholder from profiting from

A) submitting a full claim recovery under more than one insurance policy.
B) retaining salvaged property.
C) claiming under both his insurance policy and against any negligent third party.
D) assigning abandonment rights to the insurer.


2. Insurance agencies are usually created by way of

A) deed of agreement.
B) express agreement.
C) implied agreement.
D) unilateral agreement.


3. Tim is a local insurance broker. He has authority to receive premiums for a personal lines insurer and earns commission from the insurer for sales. Paul, an elderly customer, asked Tim for advice regarding his personal insurance requirements and to assist with completing the proposal form for household insurance. In these circumstances, who, if anyone, is Tim's principal?

A) Paul as it is a consumer contract.
B) Both the insurer and Paul at different times.
C) No one as Tim is not a party to the insurance contract.
D) The insurer at all times.


4. For this question more than 1 option is correct. You must select all the correct options to gain the mark.
The Insurance: Conduct of Business sourcebook (ICOBS) rules in respect of claims handling specify that an insurer must

A) handle a claims notification within 14 days.
B) not unreasonably reject an insured's claim.
C) settle a claim promptly once settlement has been agreed.
D) provide reasonable guidance to an insured to help him make a claim.


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


Solutions:

Question # 1
Answer: C
Question # 2
Answer: B
Question # 3
Answer: D
Question # 4
Answer: B,C,D
Question # 5
Answer: B

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