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CII E05 Exam Syllabus Topics:
| Section | Weight | Objectives |
|---|---|---|
| Nature and Sources of English Law | 15% | - Legal system and structure - Legal personality and capacity - Sources of law: statute, common law, EU influence |
| Law of Contract | 15% | - Essentials of a valid contract - Terms, conditions and representations - Breach and remedies |
| Law of Agency | 10% | - Application to insurance intermediaries - Creation and types of agency - Authority, rights and duties |
| Formation of Insurance Contracts | 15% | - Offer, acceptance and consideration - Insurable interest - Utmost good faith and disclosure |
| Law of Torts | 15% | - Other torts: trespass, nuisance, breach of statutory duty - Application to liability insurance - Principles of negligence |
| Interpretation and Vitiation of Insurance Contracts | 15% | - Rules of construction - Factors vitiating the contract - Warranties, conditions and exceptions |
| Claims and Indemnity Principles | 15% | - Notification and proof of loss - Subrogation and contribution - Measure of indemnity |
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 subrogation action against the manufacturer of the tumble dryer.
- D. If there is a breach of a warranty requiring the burglar alarm to be set.
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. avoid the claim automatically due to the breach of the policy condition.
- C. settle the claim and recover its outlay from the insured.
- D. settle the claim and cancel the insurance policy from inception.
What is the maximum contingency fee percentage under a damages-based agreement that can be charged by a solicitor for personal injury cases and employment tribunal cases respectively?
- A. 50% for both cases.
- B. 35% for both cases.
- C. 25% for personal injury cases and 35% for employment tribunal cases.
- D. 35% for personal injury cases and 25% for employment tribunal cases.
In what circumstances is abandonment automatic under a marine hull insurance policy?
- A. The constructive total loss of the vessel.
- B. The insured has sent a formal notice of abandonment.
- C. The actual total loss of the vessel.
- D. The insured has performed an action of abandonment.
The principle of subrogation prevents a policyholder from profiting from
- A. submitting a full claim recovery under more than one insurance policy.
- B. claiming under both his insurance policy and against any negligent third party.
- C. assigning abandonment rights to the insurer.
- D. retaining salvaged property.
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