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NEW QUESTION # 13
Adam was bitten by a stray dog in Africa. He washed his wound in a pond and a week later he became very ill with a high temperature. Initially, the local hospital treated him for malaria and later treated him for the fever following the dog bite. Adam died in hospital. What is the proximate cause of his death?
- A. The unhygienic washing of the dog bite.
- B. The original physical injury of the dog bite.
- C. The delay in obtaining the correct medical treatment.
- D. The delay in seeking medical treatment.
Answer: B
NEW QUESTION # 14
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. It is shared between the insurer and the insured.
- B. The insured only.
- C. The State
- D. The insurer only.
Answer: B
NEW QUESTION # 15
Ambiguous terms in a household insurance contract are generally construed against the
- A. insurer due to the contra proferentem rule.
- B. policyholder due to the literal rule.
- C. policyholder due to the noscitur a sociis rule.
- D. insurer due to the ejusdem generis rule.
Answer: A
NEW QUESTION # 16
For this question more than 1 option is correct. You must select all the correct options to gain the mark.
A proposer for private motorcycle insurance carelessly states the motorcycle's engine capacity as 500cc when in fact it is 1500cc. A policy is issued by the insurer on this basis. In the event of a valid claim causing damage to the motorcycle, what potential remedies are available to the insurer under the Consumer Insurance (Disclosure and Representations) Act 2012?
- A. Apply any terms it would have applied if the misrepresentation had not taken place.
- B. Avoid the contract, refuse all claims and keep the premium.
- C. Reject the claim, but maintain the policy.
- D. Reduce the claim amount in proportion to the premium it would have charged.
Answer: A,D
NEW QUESTION # 17
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 senior position at Liz's bank.
- B. Liz's husband.
- C. Liz's independent financial adviser.
- D. a person holding a dominant position over Liz.
Answer: D
NEW QUESTION # 18
A person insures her own life under a life insurance policy but does so expressly for the benefit of another. To facilitate this, which type of arrangement is most commonly established?
- A. Coinsurance.
- B. Lien.
- C. Trust.
- D. Power of Attorney.
Answer: C
NEW QUESTION # 19
For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the characteristics of an express term in reaching or recording an agreement?
- A. It will usually override any implied term which conflicts with it.
- B. It may be oral or in writing.
- C. It may be implied by conduct.
- D. It must be evidenced in documentary form.
Answer: A,B
NEW QUESTION # 20
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. a condition subsequent to liability.
- B. tort.
- C. statute.
- D. a condition precedent to liability.
Answer: C
NEW QUESTION # 21
For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the main sources of new English Law?
- A. Legislation.
- B. Case law.
- C. International treaties.
- D. Official law reports.
Answer: A,B
NEW QUESTION # 22
For this question more than 1 option is correct. You must select all the correct options to gain the mark. How may double insurance arise?
- A. A merger between two major insurance companies.
- B. A deliberate attempt to obtain the proceeds of two policies.
- C. The inadvertent non-cancellation of a policy when a new policy is taken out.
- D. An overlap in cover between two different types of insurance policy.
Answer: B,D
NEW QUESTION # 23
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.
Answer: A,D
NEW QUESTION # 24
A breach of warranty under the general law of contract legally entitles an injured party to
- A. avoid the contract from the date of the breach.
- B. obtain specific performance.
- C. claim damages.
- D. avoid the contract ab initio.
Answer: C
NEW QUESTION # 25
A married couple have equal shares in a property and are insured under a buildings insurance policy. What is the likely position in law of a breach of good faith by one party, which was unknown to the other party?
- A. Cover would be maintained in full for the innocent party as the cover is likely to be a composite policy.
- B. Cover for both parties would be invalidated as the cover is likely to be a joint policy.
- C. Cover for both parties would be invalidated as the cover is likely to be a composite policy.
- D. Cover would be maintained in full for the innocent party as the cover is likely to be a joint policy
Answer: B
NEW QUESTION # 26
For this question more than 1 option is correct. You must select all the correct options to gain the mark. Which special defences are available to the fort of libel?
- A. Honest opinion.
- B. Privilege.
- C. Necessity.
- D. Statutory authority.
- E. Prescription.
Answer: A,B
NEW QUESTION # 27
In terms of private motor insurance, a renewal offer can be accepted
- A. by the proposer acting in reliance of the offer.
- B. only by the proposer personally.
- C. only by written communication.
- D. by any third party.
Answer: A
NEW QUESTION # 28
According to statute, a term under a consumer personal accident insurance policy may potentially be considered unfair if the insurer
- A. requires notification of a claim within a very short time period.
- B. provides coverage that is more restrictive than that of other insurers.
- C. applies a specific exclusion within the policy wording.
- D. imposes a premium loading.
Answer: A
NEW QUESTION # 29
The branch of law particularly relevant when handling negligence claims is
- A. constitutional law.
- B. civil law.
- C. public law.
- D. administrative.
Answer: B
NEW QUESTION # 30
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.
Answer: A
NEW QUESTION # 31
According to statute law, an unfair term in a consumer insurance contract is defined as one which
- A. provides insurance where the scope of cover is narrow compared to the premium charged.
- B. does not restrict liability for death or personal injury.
- C. has been individually negotiated and is to the detriment of either one of the parties.
- D. causes a significant imbalance in the parties' rights to the detriment of the consumer.
Answer: D
NEW QUESTION # 32
For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the characteristics of a corporation aggregate?
- A. It is an organisation with a separate legal existence to its membership.
- B. It is not treated as a separate legal entity.
- C. It is answerable to its shareholders or members.
- D. It is a legal person representing one official position.
Answer: A,C
NEW QUESTION # 33
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CII E05 exam is a computer-based exam that is typically taken at an approved testing centre. Candidates are given three hours to complete the exam, which consists of 100 multiple-choice questions. E05 exam is designed to test a candidate's knowledge of the subject matter, as well as their ability to apply their knowledge to practical scenarios. The CII provides a range of study materials and resources to help candidates prepare for the exam, including study texts, revision aids and practice exams.
CII E05 Certification Exam topics cover a wide range of general insurance principles, including the meaning and purpose of insurance contracts, how they are constructed, and the legal relationships implicit in them. E05 exam also covers topics such as the regulation of the insurance industry, the common law and statutory regulation of insurance, and the use of insurance policies to mitigate the financial risks faced by individuals, businesses, and organizations. Overall, the M05 Insurance Law qualification is an essential qualification for professionals working in the insurance industry, and passing the CII E05 Certification Exam is an essential step towards achieving this.
CII E05 exam covers a wide range of topics, including the legal principles that underpin insurance contracts, the regulation of insurance businesses, and the legal framework governing claims handling. It also tests a candidate's understanding of the role of the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) in regulating the insurance industry.
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