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CII E05 Exam Syllabus Topics:
| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Nature and Sources of English Law | 15% | - Legal system and structure - Sources of law: statute, common law, EU influence - Legal personality and capacity |
| Topic 2: Law of Torts | 15% | - Principles of negligence - Other torts: trespass, nuisance, breach of statutory duty - Application to liability insurance |
| Topic 3: Formation of Insurance Contracts | 15% | - Utmost good faith and disclosure - Offer, acceptance and consideration - Insurable interest |
| Topic 4: Law of Contract | 15% | - Breach and remedies - Essentials of a valid contract - Terms, conditions and representations |
| Topic 5: Claims and Indemnity Principles | 15% | - Notification and proof of loss - Measure of indemnity - Subrogation and contribution |
| Topic 6: Interpretation and Vitiation of Insurance Contracts | 15% | - Warranties, conditions and exceptions - Factors vitiating the contract - Rules of construction |
| Topic 7: Law of Agency | 10% | - Authority, rights and duties - Creation and types of agency - Application to insurance intermediaries |
CII Examination element of M05 Insurance law Sample Questions:
A household insurance policyholder leaves his home to go to work without setting the burglar alarm. Whilst he was out, his new tumble dryer overheats and causes fire damage to the kitchen. In what circumstances may the insurer legally reject a fire claim?
- A. If the tumble dryer is covered by extended warranty insurance.
- B. If the policyholder exaggerates the value of the claim.
- C. If there is a breach of a warranty requiring the burglar alarm to be set.
- D. If there is a subrogation action against the manufacturer of the tumble dryer.
Correct Answer: B 🗳️
When, if at all, does the duty of fair presentation of a risk apply after a non-consumer insurance contract has been formed?
- A. Where there is a variation in the insured risk.
- B. It does not apply as the duty is to take reasonable care not to make a misrepresentation.
- C. From the date of a breach of warranty.
- D. On submission of a claim.
Correct Answer: A 🗳️
For this question more than 1 option is correct. You must select fill the correct options to gain the mark. In what circumstances would an agency agreement be automatically terminated?
- A. Disclosure of the name of the principal.
- B. Death of the agent.
- C. Bankruptcy of the principal.
- D. Bankruptcy of the agent.
Correct Answer: B,C 🗳️
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.
Correct Answer: B 🗳️
When a defendant deliberately destroys possessions belonging to someone else, he has committed the tort(s) of
- A. trespass to goods only.
- B. trespass to goods and conversion only.
- C. trespass to goods, conversion and nuisance only,
- D. trespass to goods, conversion, nuisance and battery.
Correct Answer: A 🗳️
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