Chapter 3 Flashcards

1
Q

What are the esentials of a valid contract?

A

Offer and acceptance
Consideration

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2
Q

What is usually the consideration in insurance?

A

The premium being paid

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3
Q

Does a conditional acceptance form a valid contract?

A

No this is classed as a counter offer and not acceptance of the original offer

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4
Q

If I post an acceptance to a policy, when is it deemed that I have accepted the offer?

A

When acceptance is posted

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5
Q

How soon must insurers warn insureds about there renewal under ICOBS?

A

In good time

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6
Q

What were the three new renewal rules introduced by the FCA in April 2017?

A

The previous years premium has to be disclosed.
Text to encourage consumers to shop around
Additional prescribed notice for insurers who have renewed four consecutive times

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7
Q

What is the usual cooling off period for consumer contracts?

A

14 days

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8
Q

What is the usual cooling off period for PPI contacts?

A

30 days

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9
Q

What is a cooling off period?

A

Period in which consumers can cancel a policy

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10
Q

Do cooling off periods apply to all consumer insurance contracts?

A

No, they do not apply to STP’s

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11
Q

Identify three other ways an insurance policy can be terminated.

A

Fulfilment
Voidable
Fraudulent Acts

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12
Q

Following the IA 2015 what is insurers’ remedy if the policyholder breaches a waranty?

A

Coverage is suspended whilst it is being breached.

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13
Q

If a policyholder submits a fraudulent claim what are the insurers’ remedies?

A

Insurer not liable to pay the claim.
They can recover the amounts already paid on the claim.
Can choose to terminate the contract from the date of the fraudulent act.

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14
Q

If an insurer decides to terminate coverage following a fraudulent claim, what can they do?

A

Can refuse liability for all matters after the fraudulent act and do not have to return the premiums

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15
Q

In a group contract, if an individual insured submits a fraudulent claim, can the insurer terminate cover for the other individuals?

A

no

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16
Q

Who is broker usually the agent of?

A

The policyholder/insured

17
Q

What are the three ways an agency can be created?

A

By concent/agreement (TOBA)
by necessity
by ratification

18
Q

What is the difference between express and implied authority?

A

Express authority is expressly given usually specified in a TOBA.
Implied authority is assumed - given the nature of the relationship

19
Q

As an agent, what duties does a broker owe to the insured?

A

Advice on coverage and claims

20
Q

In what circumstances may a broker act as an agent of an insurer?

A

Authorised by insurer to received and handle prop forms
Surveys property on insurers behalf
collects premiums on insurers behalf
Authorised to pay claims by insurer

21
Q

Identify 5 duties owed by an agent to its principle?

A

Obedience
Care and Skill
Personal performance
good faith
accountability

22
Q

Identify two duties owed by the principle to the agent?

A

Remuneration
Indemnity against losses incurred on the principals behalf

23
Q

If it appears to a TP that an agent has the authority of their principal, will the principal be bound by any agreement the agent makes in their behalf with the third party?

A

Yes

24
Q

Identify 3 ways an aggency agreement can be terminated?

A

By mutual agreement
terminated by the principle or agent
By death, bankrupcy or insanity

25
Q

Identify 4 functions of a TOBA

A

Be clear and succinct
Reflect the business relationship
Define and allocate responsibility’s and rights
ensure compliance with regulatory duties and rules

26
Q

What does TOBA stand for?

A

Terms of Business Agreement

27
Q

Who else may a broker have a TOBA with other than insurers?

A

The client
Sub-brokers