Q.1 Flashcards
- Which statement correctly describes fiduciary duty?
a. It is the relationship, generally accepted in Canada, between insurers and their insured’s.
b. It generally exists between two parties who have conflicting interests.
c. It represents obligations created when someone is in a position of trust.
d. It is a principle whereby an insurer is not permitted to renege on its position when an innocent party has relied on it.
c. It represents obligations created when someone is in a position of trust.
- Which of these defines spoliation of evidence?
a. Destruction of evidence before the case comes to trial
b. Sworn statements from witnesses or insured
c. Destruction of evidence when the case is being tried in court
d. Evidence collected in anticipation of litigation is privileged
a. Destruction of evidence before the case comes to trial
- The two elements identified in R.V. Olan, Hudson and Harnett that must be present to prove insurance fraud are
a. Intent and dishonest gain
b. Deliberate actions and criminal breach of trust
c. Deceit and ill-gotten gains
d. Dishonesty and deprivation
d. Dishonesty and deprivation
- Mens rea is significant in the prosecution of fraud because it describes
a. Intent as a component of fraud
b. The good faith required in the formation of insurance contracts
c. Misappropriate of money
d. Criminal breach of trust
a. Intent as a component of fraud
- Which of the following correctly describes a waiver?
a. It is a principle whereby an insurer is not permitted to renege on its position when an innocent party has relied on it
b. It is derived from the position of special trust and confidence that one who holds funds or items of value for another occupies
c. It is the voluntary or intentional relinquishment of a known right or conduct from which someone can infer that a right is relinquished
d. It is a unilateral notice by the insurer asserting that it is preserving its options and waiving none of its rights
c. It is the voluntary or intentional relinquishment of a known right or conduct from which someone can infer that a right is relinquished
- There are four main types of people who have their own attitudes about fraud. The realists
a. Are tolerant of insurance fraud because they believe many people do it.
b. Have the least tolerance for insurance fraud. They are willing to punish perpetrators severely because they feel there is no excuse for this type of behaviour.
c. Have a low tolerance for fraud but realize that it occurs. They do not advocate strong punishment as they believe some behaviours are justified.
d. Have a very high tolerance for fraud. They are ready to blame the insurance company for the problem as they believe insurers do not conduct business fairly.
c. Have a low tolerance for fraud but realize that it occurs. They do not advocate strong punishment as they believe some behaviours are justified.
- What is not an example of fraud?
a. Identity theft
b. Staged auto scam
c. Committing arson
d. Not paying the payment on a newly purchased car
d. Not paying the payment on a newly purchased car
- Which is not a strategy to restrict fraud?
a. Promoting fraud awareness
b. Teamwork
c. Detecting red flags
d. Good faith
d. Good faith
- The definition of good faith is
a. A state of mind- honest belief, absence of malice and absence of design to defraud or to seek an unconscionable advantage
b. Knowing information about fraudulent insurance situations. These are red flag signals to help detect fraud
c. Is protection of an insured against unfair treatment in the case of a claim
d. A higher, stricter duty to act in good faith
a. A state of mind- honest belief, absence of malice and absence of design to defraud or to seek an unconscionable advantage
- Which three main categories of fraud are discussed in this study?
a. Identity theft, mortgage theft, title theft
b. Premeditated insurance fraud, opportunistic fraud and padded claims
c. Staged auto scams, whiplash scams and medical rehab scams
d. Red flags, detection strategies and consumer hotlines
b. Premeditated insurance fraud, opportunistic fraud and padded claims
- If an adjuster implies coverage to a claimant, what insurance term would apply?
a. Error and omission
b. Fraud
c. Estoppel
d. Bad Luck
c. Estoppel
- Which of the following is a guideline from the Canadian Independent Adjusters Association ( CIAA) code of ethics?
a. An adjuster does not have to identify himself as an insurance adjuster in his dealings with any policyholder or claimant, nor is the adjuster required to disclose his principals
b. Policyholders will be given explanations with respect to their insurance coverage as relevant to the loss or claim being insured.
c. Policyholders and claimants do not have to provide written consent for adjusters t gain access to medical records
d. Policyholders and claimants can obtain legal advice from an adjuster
b. Policyholders will be given explanations with respect to their insurance coverage as relevant to the loss or claim being insured.
- How can a broker limit or restrict fraud?
a. By only accepting cash for policies
b. Public outreach pre-screening and qualifying potential applicants
c. Insisting on a reference before issuing a policy
d. Always getting a credit score on applicants
b. Public outreach pre-screening and qualifying potential applicants
- What is the primary duty of an underwriter?
a. To socialize with the brokers and clients
b. To accept or reject business within authority levels
c. To improve golf skills to impress brokers
d. To increase written premiums in the underwriter’s portfolio
b. To accept or reject business within authority levels
- What is the best way to combat fraud at all levels in the organization?
a. Take a share of the proceeds of crime
b. Become educated in the adverse behaviour and take steps to limit it
c. Tell everyone about your experiences
d. Be rude to possible fraudsters
b. Become educated in the adverse behaviour and take steps to limit it
- Which item is NOT a contact pattern red flag?
a. Applicant is never available to meet- only deals on the telephone
b. Applicant is not known to anyone at the brokerage, agency or insurer’s office
c. Applicant comes in at noon, at the end of the day or on a Friday when staff may be rushed
d. Applicant is in a hurry to complete the application and the interview
b. Applicant is not known to anyone at the brokerage, agency or insurer’s office
- One of the most important functions that agents and brokers perform is to
a. Consistently elicit information and record it accurately
b. Evaluate the physical hazards
c. Explain why certain information is required
d. Gain some knowledge of the applicants background
a. Consistently elicit information and record it accurately
- Which of the following is a moral hazard?
a. A man who leaves his unlocked car running in the driveway
b. A restaurant business experiencing financial difficulties
c. A grocery store that does not enforce its floor-sweeping regulations
d. A homeowners that does not shovel her sidewalk
b. A restaurant business experiencing financial difficulties