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CII E05 Exam Syllabus Topics:

SectionObjectives
Topic 1: Insurance Claims- Claims process and legal principles
  • 1. Rights and obligations of parties
  • 2. Notification and handling of claims
  • 3. Claims settlement
Topic 2: Formation of Insurance Contracts- Insurance contract principles
  • 1. Disclosure and fair presentation
  • 2. Insurable interest
  • 3. Utmost good faith
  • 4. Consumer and commercial insurance law
Topic 3: Subrogation and Contribution- Recovery and sharing of losses
  • 1. Subrogation rights
  • 2. Contribution between insurers
Topic 4: Law of Torts- Principles of tort law
  • 1. Nuisance
  • 2. Negligence
  • 3. Liability and remedies
  • 4. Defamation
Topic 5: Nature and Sources of English Law and Natural Legal Persons- Nature and sources of English law
  • 1. Natural and legal persons
  • 2. Legal systems and sources of law
Topic 6: Law of Contract- Contract formation and operation
  • 1. Breach and remedies
  • 2. Consideration
  • 3. Offer and acceptance
  • 4. Terms of contract
Topic 7: Law of Agency and Insurance- Agency relationships
  • 1. Duties and liabilities
  • 2. Authority of agents
  • 3. Creation of agency
Topic 8: Insurance Contract Terms and Vitiating Factors- Policy terms and validity
  • 1. Fraud
  • 2. Conditions and warranties
  • 3. Effects of breach
  • 4. Representations and misrepresentations
Topic 9: Indemnity and Measurement of Loss- Application of indemnity
  • 1. Calculation of losses
  • 2. Methods of indemnification

CII Examination element of M05 Insurance law Sample Questions:

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


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


3. Bill owned a painting which was insured under a policy containing a first refusal clause. The painting was stolen and Bill's claim was settled, but several months later the painting was recovered by the police. As a consequence, what is Bill's position under his insurance policy?

A) Bill may keep the claim settlement and also keep the painting.
B) Bill must return the claim settlement in exchange for the painting.
C) Bill may exercise an option to buy the painting back.
D) Bill must buy the painting back.


4. Who is entitled to the surplus if a subrogation recovery from a negligent third party is greater than the amount the insurer has paid to the insured?

A) The insurer only.
B) It is shared between the insurer and the insured.
C) The insured only.
D) The State


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: A
Question # 2
Answer: A
Question # 3
Answer: C
Question # 4
Answer: C
Question # 5
Answer: B

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