Chapter 5 Flashcards
What is the information gathering and quotation process starting with information about the risk to be insured
Insurer
Information about the quotation and the cover
Insured
When did the Insurance Act 2015 come into effect
A) August 2016
B) September 2016
C) October 2016
A) August 2016
Prior to the passing of the insurance act 2015 the rules for gathering material information were largely governed by who
A) CIDRA
B) Marine insurance Act 1906
B) Marine insurance Act 1906
What is the below:
Every circumstance is material which would affect the judgment of a prudent underwriter in fixing the premium or determine whether he will take the risk
A) point of interest
B) material fact
B) material fact
What two things would effect the judgment of an insurer when it comes to material fact starting with
1) whether or not they want to accept the risk
2) if willing to Accept the risk. What premium and terms will apply
Who has a duty to disclose all material facts about the risks to the insurer
A) insurer
B) proposer
B) proposer
What has the process of information gathering been significantly changed by
A) insurance act 2015
B) CIDRA
A) insurance act 2015
Prior to the passing of the insurance act the position was considered to be unfairly weighted in favour of who
A) insured
B) insurer
B) insurer
Is the below a material circumstance
Info that should reasonably have been revealed by a reasonable search of info held with the insureds own organisation
Yes
Why was the reform of the Marine insurance act needed
A) it caused disputes reducing trust and confidence
B) it caused extra premiums for the insureds
it caused disputes reducing trust and confidence
Why was the Insurance act needed
A) it caused higher premiums
B) it was inconsistent with global business practice
B) it was inconsistent with global business practice
What was the aim of the Insurance Act 2015
A) to become neutral
B) to become neutral between the insurer and the insured
B) to become neutral between the insurer and the insured
What is the pre contractual duty of disclosure for the insurance act 2015
A) it requires policyholder to make a fair presentation of the risk to the insurer
B) it requires the policyholder to remedy for a breach of the duty
A) it requires policyholder to make a fair presentation of the risk to the insurer
What are the two things that a policyholder that has a duty of disclosure of starting with
Every material circumstance which the insured knows or ought to know that would influence the judgement of an insurer
Sufficient info on material circumstances to put a prudent insurer on notice that need to make further enquiries
What must the manner of presentation be
A) clear
B) reasonably clear and accessible
B) reasonably clear and accessible
Is the below a material circumstance
Those that the insurer ought to know in the ordinary course of conducting their business. They include info known by the senior management
Yes
Does the insured need to disclose the following:
Matters known to individuals who participate on behalf of the insurer in deciding whether to take the risk and in what terms (eg underwriting teams)
No
What happens if the breach was neither deliberate and reckless but the insurer would have entered into the policy but on different terms
A) may avoid the policy
B) must be treated as if it has been entered into on those different terms but can’t seek to avoid the policy all together. If the insurer would have charged more for the policy they are entitled to reduce the amount paid on a claim
B) must be treated as if it has been entered into on those different terms but can’t seek to avoid the policy all together. If the insurer would have charged more for the policy they are entitled to reduce the amount paid on a claim
Does the insured need to disclose the following:
Matters known by an employee or agent of the insurer, which should reasonably have been passed on to the person deciding whether to take the risk (eg claims department)
No
What is contracting out subject to:
A) transparency requirements
B) clear and ambiguous terms
A) transparency requirements
What does the transparency requirements state
A) that all terms must be clear and unambiguous before the contract is entered into
B) that there is a pre contractual duty or disclosure
A) that all terms must be clear and unambiguous before the contract is entered into
Prior to the insurance act 2015 any breach of the duty of disclosure gave insurers the right to:
A) not pay the claim
B) avoid the contract in its entirety
B) avoid the contract in its entirety
What two things must be met for transparency requirements starting herb
The insureds likely life’s of understanding of insurance
2) the circumstances of the transaction
What means if the breach is deliberate or reckless
A) the insured didn’t know or care that they are in breach of their duty of fair presentation
B) beaches made innocently or merely carelessly
A) the insured didn’t know or care that they are in breach of their duty of fair presentation