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CII E05 Exam Syllabus Topics:

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

CII Examination element of M05 Insurance law Sample Questions:

1. For this question more than 1 option is correct. You must select ail the correct options to gain the mark.
In what circumstances does the Fires Prevention (Metropolis) Act 1774 require insurance companies to ensure that claims monies are used to rebuild or reinstate buildings destroyed or damaged by fire?

A) When fraud or arson by the insured is suspected.
B) Where there is underinsurance.
C) Where the building was destroyed by an explosion.
D) Upon the request of any person(s) interested in the buildings.


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


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


4. For this question more than 1 option is correct. You must select all the correct options to gain the mark. In a consumer insurance policy, a warranty can arise as

A) an exception clause.
B) an express term.
C) a basis of the contract clause.
D) a continuing warranty.


5. A riot results in a shop being damaged and the shopowner's insurer settling the claim. A subrogation right enabling the insurer to sue the police authority arises under

A) tort.
B) a condition precedent to liability.
C) statute.
D) a condition subsequent to liability.


Solutions:

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

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