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CII Examination element of M05 Insurance law Sample Questions:

1. In the tort of negligence, a primary victim of nervous shock is a class of person who suffers psychiatric injury

A) through fear for the safety of another person involved in an accident which he witnessed.
B) as a result of grief or sorrow for the loss of a person with whom he had a close relationship.
C) as a result of stress or harassment at work.
D) through fear for his own safety in an accident.

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

3. How can an agency relationship be best described?

A) A person has transferred his obligations under a contract to another party.
B) A person has ratified another party's action.
C) A person, who has paid another party under a contract, has the right to stand in the place of that other party and avail himself of the rights and remedies of that party.
D) A person has the authority to act on behalf of another party.

4. The test of the materiality of facts in an insurance contract is defined according to the opinion of a

A) prudent underwriter.
B) diligent broker.
C) reasonable person.
D) honest proposer.

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

Solutions: