Deck 51: Insurance Law

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Question
Insurance is defined as a contract in which the insured party makes payments to the insurer in exchange for the insurer's promise to make payment or transfer goods to another party in the event of injury or destruction to the insured party's property or life.
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Question
Through the insurance agreement, the insured party transfers his or her risk of loss of property or life to the insurance company.
Question
A commercial general liability policy provides protection against intentional wrongful acts committed by an insured.
Question
The insured party in insurance law is the party who makes a payment to an insurance company, called a premium, in return for insurance coverage.
Question
A[n] ______ is a term identifying the person who receives insurance proceeds in the event of injury or damage.

A) Receiver
B) Obtainer
C) Insured
D) Beneficiary
E) Identified
Question
Which of the following was the result in Hartford Underwriters Insurance Company v. The Cincinnati Insurance Company, the case in the text involving whether insurance coverage was available to a party injured when a vehicle hit her while she was loading a van and the policy at issue provided coverage for a person "occupying" a vehicle defined as "in, upon, getting in, on, out or off"?

A) That a jury question was presented as to the meaning of the policy language.
B) That any ambiguity in the language was resolved against the insurer writing the policy, that a reasonable reading of the policy included the claim, and that coverage was therefore available.
C) That any ambiguity in the language was resolved against the claimant, that a reasonable reading of the policy indicated that incidents of the type involved were excluded, and that coverage was therefore unavailable.
D) That the language was not ambiguous and that it clearly provided coverage.
E) That the language was not ambiguous and that it clearly excluded coverage.
Question
In an insurance contract, the beneficiary is another name for the insured.
Question
Which of the following was the result in Life Partners Inc., v. Miller, the case in the text involving the validity of a state law in Virginia requiring that viatical insurance companies pay certain amounts to terminally-ill policyholders who sell their policies?

A) That the law constituted a valid exercise of the state's police powers and was therefore constitutional.
B) That the law discriminated against interstate commerce and was therefore unconstitutional.
C) That the law violated the commerce clause and was therefore unconstitutional.
D) That the law violated the equal protection clause and was therefore unconstitutional.
E) That the law violated the due process clause and was therefore unconstitutional.
Question
Which of the following refers to the potential for loss in an insurance agreement?

A) Risk
B) Loss
C) Premium
D) Distribution
E) Outlay
Question
An insurer may also be called a[n] _____.

A) Overseer
B) Underseer
C) Overwriter
D) Underwriter
E) Guarantor
Question
Premiums for whole-life insurance are generally smaller than those for term-life insurance.
Question
Federal law is the primary law addressing when an insurance company can cancel a policy of insurance.
Question
The government spends large amounts on social insurance.
Question
Which of the following is false regarding Internet liability protection policies?

A) They typically cover claims involving copyright and trade infringement.
B) They typically cover claims involving alleged plagiarism committed via the Internet.
C) They typically cover claims involving failure to protect confidential information gathered online.
D) They typically cover claims involving failure to stop a computer virus.
E) They typically cover claims involving related to patents or trade secrets.
Question
Which of the following suggests that people who are insulated from risk sometimes behave differently?

A) Moral hazard
B) Negligence
C) Strict liability
D) Coverage insulation
E) Coverage protection
Question
The parties express their agreement for insurance in a document called a[n] _____.

A) Catalog
B) Brochure
C) Application
D) Notification
E) Policy
Question
As a matter of federal law, arbitration clauses are illegal in policies of insurance.
Question
Life insurance protects a person who is unable to work due to disability.
Question
Which of the following is a term used to define the payment made by an insured party in exchange for a later payment by an insurer in the event of damage or injury to insured property or person?

A) Tag
B) Bill
C) Premium
D) Assessment
E) Requirement
Question
Which of the following was the result in Royal Capital Development LLC v. Maryland Casualty Company, the case in the text involving whether on a policy of insurance covering "direct physical loss of or damage to" a building that allows the insurer the option of paying either "the cost of repairing the building" or "the loss of value," the insurer must also compensate the insured for the diminution in value of the building if the insured elects to repair the building?

A) That the insurer could choose between repairing the building or paying for its loss of value and that once proper repairs were made, the insurer had no obligation to cover any diminution in value.
B) That unless the insured notified the insurer prior to the beginning of repairs that a claim for diminution in value would be made, the issue was waived because the insurer was entitled to take such a claim into consideration in making its decisions.
C) That a claim for diminution in value could be made only if the insurer delayed in making repairs such that the insured had an equitable claim for diminution in value.
D) That when a policy promised to pay the insured's loss, the insured has no claim for diminution in value if repairs are made.
E) That when a policy promised to pay the insured's loss, the insured had a claim for diminution in value even if repairs were made.
Question
Which of the following is false in regard to an insurer's right to cancel a policy of insurance?

A) An insurer who rightfully cancels a policy is not required to a refund of premium payments covering future time periods.
B) Typically a grace period is required before a policy may be cancelled.
C) State statutes usually govern the circumstances under which an insurer may cancel a policy.
D) If an insured fails to pay premiums after a certain period, the insurance company may cancel.
E) Car insurance may be canceled if the insured loses her license because of a driving violation.
Question
A policy of title insurance is an example of which of the following types of insurance?

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
Question
If an insurance policy covers an individual's life or health, the insurance is ______ insurance.

A) Personal
B) Unitary
C) Individual
D) Family
E) Protection
Question
A[n] ______ is an agreement between an applicant and an insurance company that gives temporary insurance until the company decides to accept or reject the insurance application.

A) Application
B) Binder
C) Notarization
D) Approval
E) Anticipatory agreement
Question
To have a[n] ______ in property or life, a person must be subject to economic loss if there is damage or harm to the person or property.

A) Acknowledged loss
B) Protected loss
C) True injury
D) Insurable interest
E) Understandable failure
Question
A[n] ______ clause states that after an insurance policy has existed for a specified period of time, the insurance company cannot contest any statements made in the insurance application.

A) Antilapse
B) Incontestability
C) Assurance
D) Approval
E) Waiver
Question
A workers' compensation insurance policy is an example of which of the following types of insurance?

A) Casualty
B) Loss
C) Economic
D) Business
E) Injury
Question
The ______ is the term used for the date an insurance policy begins coverage of an insured.

A) Insured date
B) Effective date
C) Application date
D) Acceptance date
E) Covered date
Question
Which of the following types of insurance protects contractors against liability for injuries that might occur while completing a job, excluding injuries to employees?

A) Professional liability
B) Compensation insurance
C) Contractors' liability
D) Building liability
E) Harm liability
Question
Which of the following was the result on appeal in Equity Fire & Casualty Company v. Laurence Traver, the case in the text in which an insured on a policy of automobile insurance mailed a premium to the insurer, but it did not reach the insurer prior to the expiration date of the policy; and the insurer refused to provide coverage for a motor vehicle accident that occurred after the expiration date of the policy and before the premium was received?

A) The court ruled that coverage was required under the policy because of the mailbox rule.
B) The court ruled that coverage was not required under the policy because of the mailbox rule.
C) The court ruled that coverage was not required under the policy because the insured did not meet his obligation of seeing that the premium amount was received by the insurer in a timely manner.
D) The court ruled that coverage was required because the insured had a grace period of 7 days in order for the payment to arrive.
E) The court ruled that under the unique facts of the case, there was acceptance of the renewal offer preventing a lapse of the policy.
Question
An individual would purchase ______ insurance to protect his or her business from tort liability to third parties.

A) Tort
B) Property
C) Litigation
D) Group
E) Liability
Question
A[n] ______ clause states that the insured has a grace period in which to make an overdue payment during which time the insurance is effective.

A) Antilapse
B) Incontestability
C) Assurance
D) Approval
E) Waiver
Question
If a policy of insurance protects a person or property from accidental injury, the insurance is referred to as ______ insurance.

A) Casualty
B) Loss
C) Economic
D) Accidental
E) Injury
Question
A policy of fidelity insurance is an example of which of the following types of insurance?

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
Question
Which of the following types of insurance should a business manager purchase to obtain protection against a broad range of risks?

A) A commercial general liability policy
B) A business tort policy
C) A litigation commercial policy
D) An economic protection policy
E) A business approved policy
Question
Penny, a bit of a hypochondriac, decides that she should have MRIs covering her whole body and insists that her doctor order them. Penny tells her doctor that she is not concerned about cost because she has great insurance. Which of the following is the appropriate and recognized term for the problem associated with her behavior as far as an insurer is concerned?

A) Hypochondria neurosis
B) Hypochondria psychosis
C) Moral hazard
D) Medical excessiveness
E) Unfair persuasiveness
Question
If the purpose of an insurance policy is to protect property from loss or damage, the insurance is ______ insurance.

A) Material
B) Loss
C) Economic
D) Business
E) Property
Question
Which of the following is true regarding whether the insureds in the "Case Opener" were entitled to insurance coverage for imported toxic Chinese drywall used in their home?

A) The court ruled that the insureds were entitled to coverage for both property damage and personal injury based on their insurance company's warranties.
B) The court ruled that the insureds were entitled to property damage coverage because of their insurance company's warranties, but not coverage for personal injuries.
C) The court ruled that the insureds were entitled to coverage for personal injuries because of their insurance company's warranties, but not coverage for property damage.
D) The court ruled that the insureds were entitled to full coverage only if they could establish that the insurer knew of the drywall problems when it issued the policy.
E) The court ruled that the insureds were not entitled to coverage.
Question
If insurance covers some type of business risk, the insurance is called ______ insurance.

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
Question
The transfer and distribution of risk done by an insurer is known as _____.

A) Insurance management
B) Insured protection
C) Spread protection
D) Risk management
E) Casualty management
Question
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-On which of the following legal theories would the insurer likely attempt to deny coverage?

A) Negligence
B) Recklessness
C) Breach of contract
D) Misrepresentation
E) Illegality
Question
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following is most likely true regarding Sally's reliance on an incontestability clause if typical state laws are in effect?

A) Sally is correct, and the insurance has been in effect over one year, a sufficient length of time for the incontestability clause to bar any defense by the insurer based on her failure to mention Bobby on the application.
B) Sally is incorrect because the incontestability clause does not generally apply until coverage has been in effect for at least two years.
C) Sally is incorrect because the incontestability clause operates to deny her the right to dispute inaccuracies on the application, not as a bar against the insurer.
D) Sally is correct because the incontestability clause acts to bar an insurer from denying coverage in cases in which any driver with permission is driving an insured's vehicle.
E) Sally is incorrect because incontestability clauses were barred by federal law a number of years ago.
Question
Which of the following is false regarding marine insurance in Scotland?

A) Scotland has a Marine Insurance Act in its mercantile law that addresses insurance contracts.
B) Marine insurance policies cover most marine activities including liability to third parties in the event of difficulties while at sea.
C) Marine insurance policies are among the most simple and easy to understand insurance policies.
D) Marine insurance policies tend to be exacting.
E) Before an insurer will sign a policy, the value of the item insured must be specified in the contract.
Question
Property of Mary is damaged in a fire. She claims the property damage amounted to $10,000, and the insurer claims it only amounted to $5,000. Which of the following is true in this situation?

A) Mary should demand an appraisal under her policy's appraisal clause.
B) Mary has no alternative because she must accept the insurer's valuation.
C) The insurer is required to accept the insured's valuation unless the insurer can establish that the insured failed to act in good faith.
D) Mary should call the state inspector who investigates and makes rulings in such cases.
E) Mary should file for a field evaluation.
Question
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following is true regarding Mark's statement that Sally would never see a jury?

A) He is correct based on provisions in most policies denying the insured the right to contest policy provisions.
B) He is incorrect, and insurers may not require as a condition of a policy that an insured give up the right to a trial by jury.
C) He is correct based on provisions in most policies providing that the insurance company has the final word regarding coverage.
D) He is likely referencing a provision requiring arbitration contained in some policies.
E) He is likely referencing a provision requiring that any dispute be settled by the Insurance Adjustors of America contained in some policies.
Question
Which of the following types of insurance protects a garage owner from liability to persons who are injured by the operation of the garage?

A) Transportation liability
B) Employee liability
C) Garage liability
D) Vehicle liability
E) Peril
Question
Which of the following types of insurance provides a specific sum of money on the death of the insured?

A) Casualty
B) Consumer
C) Risk
D) Life
E) Occurrence
Question
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding the assertion of Alice that the insurer was not liable for accidents that were the fault of the insured?

A) Alice is correct because insurance on vehicles is meant to assist drivers who are involved in accidents through no fault of their own.
B) Alice is correct only if Prudence has had at least two previous accidents.
C) Alice is only correct if Prudence is still carried on a parent's insurance policy.
D) Alice is likely correct only because Prudence is a student with a student policy.
E) Alice is incorrect.
Question
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following, if any, will ABC Insurance most likely be required to prove in order to deny coverage based on the discrepancy between the application and Bobby's driving?

A) Only that Sally's misrepresentation was material.
B) Only that the company's knowledge of the misrepresentation would have resulted in rejection of Sally's application.
C) Both that Sally's misrepresentation was material and that knowledge of the misrepresentation would have resulted in the refusal to provide insurance.
D) That Sally's misrepresentation was material; that knowledge of the misrepresentation would have resulted in rejection of her application; and that the insurer's loss would be in an amount over $10,000.
E) There is no proof that ABC Insurance can provide to avoid coverage because, as a matter of law, it is clear that coverage must be provided based on Bobby's permissive use of the vehicle.
Question
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is true regarding whether ABC Insurance will be required to provide coverage on the jeep?

A) ABC will likely not be required to provide coverage on the jeep because Image made material misrepresentations in the renewal of the policy that would have prevented its renewal.
B) ABC will likely be required to provide coverage on the jeep because any misrepresentations made were innocently made in the belief that the jeep would be returned soon.
C) ABC will not have to provide coverage because Image did not have an insurable interest in the jeep.
D) ABC will have to provide coverage unless Bruno had already obtained his own insurance on the vehicle because one vehicle may only be insured under one policy.
E) ABC will not likely be required to provide coverage because Bruno's new employer was liable under workers' compensation.
Question
Which of the following types of insurance protects the producer or manufacturer of a good from loss incurred by people who are injured using the good?

A) Contractors' liability
B) Strict liability
C) Product liability
D) Business operations
E) Consumer protection
Question
Which of the following types of life insurance provides coverage for a specified term?

A) Whole-life
B) Term-life
C) Surrender-life
D) Useful-life
E) Entire-life
Question
Which of the following types of life insurance provides protection for the entire life of the insured and has a cash-surrender value?

A) Whole-life
B) Term-life
C) Surrender-life
D) Useful-life
E) Entire-life
Question
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding Alice's complaint that Prudence failed to help?

A) Prudence had a duty to cooperate with the insurer.
B) Prudence's only duty was to show up for court; otherwise she had no duty to assist the insurer.
C) Prudence's only duty was to show up for a court and for any depositions for which she received a subpoena; otherwise, she had no duty to cooperate with the insurer.
D) Prudence had a duty to assist the insurer and to provide a share of funds to help the insurer in defending her claim.
E) Prudence had a duty to cooperate with the insurer only because it appears that the accident was her fault.
Question
Which of the following is true regarding the reduction of the impact of moral hazard by insurers?

A) It is not possible for insurers to reduce the risk of moral hazard, and this is seen as a risk of doing business.
B) Insurers refuse to pay claims believed to result from the effects of moral hazard.
C) The only avenue for insurers seeking to reduce moral hazard is through the use of deductibles.
D) The only avenue for insurers seeking to reduce moral hazard is through refusing to insure those who have previously made multiple insurance claims.
E) Insurance companies lessen the impact of moral hazard by requiring that individuals with insurance make co-payments or pay a deductible.
Question
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is true regarding the contention of ABC Insurance that it is not required to pay to Image Company the amount for which Bruno's life was insured?

A) ABC Insurance Company is incorrect because Image Company held an economic interest in Bruno's life at the time the insurance was purchased.
B) ABC Insurance Company is correct because Image Company no longer had an economic interest in Bruno's life.
C) ABC Insurance Company is correct only if Bruno's new employer had purchased life insurance on his life.
D) ABC Insurance Company is incorrect because Image Company had an economic interest in Bruno based on his possession of the jeep that Image Company still owned.
E) ABC Insurance Company is incorrect only if Image Company owed Bruno retirement or some other sort of benefit.
Question
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is a term referencing the concept that a sufficient interest must exist on the part of an insured in order to take out a policy of insurance?

A) Insurable interest
B) Pecuniary interest
C) Financial concern
D) Financial effect
E) Profit impact
Question
Which of the following is false regarding insurance and the international sale of goods?

A) Manufacturers typically have insurance only in their home country because, under international law, the home country's law would be applied in the event of disputes.
B) Product liability awards may vary in amount from country to country.
C) Complications may arise from having insurance companies in several different countries.
D) A manufacturers in Germany, for example, could seek insurance through a German insurance company regardless of where its products are shipped.
E) Today, manufacturers are likely to have an insurance company in every country to which they ship goods.
Question
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding the assertion of Alice that vehicle insurance policies do not generally provide coverage for legal representation?

A) She is incorrect.
B) She is correct only in situations in which a student with a student policy is involved in an accident.
C) She is correct only in situations in which an insured has had at least two previous accidents.
D) She is correct only in situations in which a student is carried on a parent's insurance policy.
E) She is correct because insureds are expected to shoulder some of the burden of accidents.
Question
Which of the following types of insurance protects members of specific professions from liability associated with their professional acts?

A) Business liability
B) Licensed
C) Trained liability
D) Professional liability
E) Consumer
Question
What is meant by an antilapse clause, and how do these usually work? Do you believe that all states and all types of policies should have antilapse clauses, and why or why not?
Question
What is usually the effect if a person who is in good health lies about their age on an application for life insurance and the misrepresentation is discovered at the time of the person's death?
Question
What is an incontestability clause in a policy of insurance, and what is its effect? Discuss whether you believe that ethically these clauses should be required of insurers.
Question
What is the effect of an appraisal clause in a policy of insurance, and how do these usually work?
Question
Sally is involved in a motor vehicle accident. She is sued by George, the driver of the other vehicle. Sally calls her insurer and tells them to handle it for her. Later, she is asked to give some information to the insurer regarding the incident and to give a deposition in litigation. She tells the insurer that she is too busy and that the insurer should simply handle the matter because that is the reason she has insurance; and that, furthermore, the insurer should not call her again regarding the accident. Is Sally correct about her duties and why or why not?
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Deck 51: Insurance Law
1
Insurance is defined as a contract in which the insured party makes payments to the insurer in exchange for the insurer's promise to make payment or transfer goods to another party in the event of injury or destruction to the insured party's property or life.
False
2
Through the insurance agreement, the insured party transfers his or her risk of loss of property or life to the insurance company.
True
3
A commercial general liability policy provides protection against intentional wrongful acts committed by an insured.
False
4
The insured party in insurance law is the party who makes a payment to an insurance company, called a premium, in return for insurance coverage.
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5
A[n] ______ is a term identifying the person who receives insurance proceeds in the event of injury or damage.

A) Receiver
B) Obtainer
C) Insured
D) Beneficiary
E) Identified
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6
Which of the following was the result in Hartford Underwriters Insurance Company v. The Cincinnati Insurance Company, the case in the text involving whether insurance coverage was available to a party injured when a vehicle hit her while she was loading a van and the policy at issue provided coverage for a person "occupying" a vehicle defined as "in, upon, getting in, on, out or off"?

A) That a jury question was presented as to the meaning of the policy language.
B) That any ambiguity in the language was resolved against the insurer writing the policy, that a reasonable reading of the policy included the claim, and that coverage was therefore available.
C) That any ambiguity in the language was resolved against the claimant, that a reasonable reading of the policy indicated that incidents of the type involved were excluded, and that coverage was therefore unavailable.
D) That the language was not ambiguous and that it clearly provided coverage.
E) That the language was not ambiguous and that it clearly excluded coverage.
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7
In an insurance contract, the beneficiary is another name for the insured.
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8
Which of the following was the result in Life Partners Inc., v. Miller, the case in the text involving the validity of a state law in Virginia requiring that viatical insurance companies pay certain amounts to terminally-ill policyholders who sell their policies?

A) That the law constituted a valid exercise of the state's police powers and was therefore constitutional.
B) That the law discriminated against interstate commerce and was therefore unconstitutional.
C) That the law violated the commerce clause and was therefore unconstitutional.
D) That the law violated the equal protection clause and was therefore unconstitutional.
E) That the law violated the due process clause and was therefore unconstitutional.
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9
Which of the following refers to the potential for loss in an insurance agreement?

A) Risk
B) Loss
C) Premium
D) Distribution
E) Outlay
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10
An insurer may also be called a[n] _____.

A) Overseer
B) Underseer
C) Overwriter
D) Underwriter
E) Guarantor
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11
Premiums for whole-life insurance are generally smaller than those for term-life insurance.
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12
Federal law is the primary law addressing when an insurance company can cancel a policy of insurance.
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13
The government spends large amounts on social insurance.
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14
Which of the following is false regarding Internet liability protection policies?

A) They typically cover claims involving copyright and trade infringement.
B) They typically cover claims involving alleged plagiarism committed via the Internet.
C) They typically cover claims involving failure to protect confidential information gathered online.
D) They typically cover claims involving failure to stop a computer virus.
E) They typically cover claims involving related to patents or trade secrets.
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15
Which of the following suggests that people who are insulated from risk sometimes behave differently?

A) Moral hazard
B) Negligence
C) Strict liability
D) Coverage insulation
E) Coverage protection
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16
The parties express their agreement for insurance in a document called a[n] _____.

A) Catalog
B) Brochure
C) Application
D) Notification
E) Policy
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17
As a matter of federal law, arbitration clauses are illegal in policies of insurance.
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18
Life insurance protects a person who is unable to work due to disability.
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19
Which of the following is a term used to define the payment made by an insured party in exchange for a later payment by an insurer in the event of damage or injury to insured property or person?

A) Tag
B) Bill
C) Premium
D) Assessment
E) Requirement
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20
Which of the following was the result in Royal Capital Development LLC v. Maryland Casualty Company, the case in the text involving whether on a policy of insurance covering "direct physical loss of or damage to" a building that allows the insurer the option of paying either "the cost of repairing the building" or "the loss of value," the insurer must also compensate the insured for the diminution in value of the building if the insured elects to repair the building?

A) That the insurer could choose between repairing the building or paying for its loss of value and that once proper repairs were made, the insurer had no obligation to cover any diminution in value.
B) That unless the insured notified the insurer prior to the beginning of repairs that a claim for diminution in value would be made, the issue was waived because the insurer was entitled to take such a claim into consideration in making its decisions.
C) That a claim for diminution in value could be made only if the insurer delayed in making repairs such that the insured had an equitable claim for diminution in value.
D) That when a policy promised to pay the insured's loss, the insured has no claim for diminution in value if repairs are made.
E) That when a policy promised to pay the insured's loss, the insured had a claim for diminution in value even if repairs were made.
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21
Which of the following is false in regard to an insurer's right to cancel a policy of insurance?

A) An insurer who rightfully cancels a policy is not required to a refund of premium payments covering future time periods.
B) Typically a grace period is required before a policy may be cancelled.
C) State statutes usually govern the circumstances under which an insurer may cancel a policy.
D) If an insured fails to pay premiums after a certain period, the insurance company may cancel.
E) Car insurance may be canceled if the insured loses her license because of a driving violation.
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22
A policy of title insurance is an example of which of the following types of insurance?

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
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23
If an insurance policy covers an individual's life or health, the insurance is ______ insurance.

A) Personal
B) Unitary
C) Individual
D) Family
E) Protection
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24
A[n] ______ is an agreement between an applicant and an insurance company that gives temporary insurance until the company decides to accept or reject the insurance application.

A) Application
B) Binder
C) Notarization
D) Approval
E) Anticipatory agreement
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25
To have a[n] ______ in property or life, a person must be subject to economic loss if there is damage or harm to the person or property.

A) Acknowledged loss
B) Protected loss
C) True injury
D) Insurable interest
E) Understandable failure
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26
A[n] ______ clause states that after an insurance policy has existed for a specified period of time, the insurance company cannot contest any statements made in the insurance application.

A) Antilapse
B) Incontestability
C) Assurance
D) Approval
E) Waiver
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27
A workers' compensation insurance policy is an example of which of the following types of insurance?

A) Casualty
B) Loss
C) Economic
D) Business
E) Injury
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28
The ______ is the term used for the date an insurance policy begins coverage of an insured.

A) Insured date
B) Effective date
C) Application date
D) Acceptance date
E) Covered date
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29
Which of the following types of insurance protects contractors against liability for injuries that might occur while completing a job, excluding injuries to employees?

A) Professional liability
B) Compensation insurance
C) Contractors' liability
D) Building liability
E) Harm liability
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30
Which of the following was the result on appeal in Equity Fire & Casualty Company v. Laurence Traver, the case in the text in which an insured on a policy of automobile insurance mailed a premium to the insurer, but it did not reach the insurer prior to the expiration date of the policy; and the insurer refused to provide coverage for a motor vehicle accident that occurred after the expiration date of the policy and before the premium was received?

A) The court ruled that coverage was required under the policy because of the mailbox rule.
B) The court ruled that coverage was not required under the policy because of the mailbox rule.
C) The court ruled that coverage was not required under the policy because the insured did not meet his obligation of seeing that the premium amount was received by the insurer in a timely manner.
D) The court ruled that coverage was required because the insured had a grace period of 7 days in order for the payment to arrive.
E) The court ruled that under the unique facts of the case, there was acceptance of the renewal offer preventing a lapse of the policy.
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31
An individual would purchase ______ insurance to protect his or her business from tort liability to third parties.

A) Tort
B) Property
C) Litigation
D) Group
E) Liability
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32
A[n] ______ clause states that the insured has a grace period in which to make an overdue payment during which time the insurance is effective.

A) Antilapse
B) Incontestability
C) Assurance
D) Approval
E) Waiver
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33
If a policy of insurance protects a person or property from accidental injury, the insurance is referred to as ______ insurance.

A) Casualty
B) Loss
C) Economic
D) Accidental
E) Injury
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34
A policy of fidelity insurance is an example of which of the following types of insurance?

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
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35
Which of the following types of insurance should a business manager purchase to obtain protection against a broad range of risks?

A) A commercial general liability policy
B) A business tort policy
C) A litigation commercial policy
D) An economic protection policy
E) A business approved policy
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36
Penny, a bit of a hypochondriac, decides that she should have MRIs covering her whole body and insists that her doctor order them. Penny tells her doctor that she is not concerned about cost because she has great insurance. Which of the following is the appropriate and recognized term for the problem associated with her behavior as far as an insurer is concerned?

A) Hypochondria neurosis
B) Hypochondria psychosis
C) Moral hazard
D) Medical excessiveness
E) Unfair persuasiveness
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37
If the purpose of an insurance policy is to protect property from loss or damage, the insurance is ______ insurance.

A) Material
B) Loss
C) Economic
D) Business
E) Property
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38
Which of the following is true regarding whether the insureds in the "Case Opener" were entitled to insurance coverage for imported toxic Chinese drywall used in their home?

A) The court ruled that the insureds were entitled to coverage for both property damage and personal injury based on their insurance company's warranties.
B) The court ruled that the insureds were entitled to property damage coverage because of their insurance company's warranties, but not coverage for personal injuries.
C) The court ruled that the insureds were entitled to coverage for personal injuries because of their insurance company's warranties, but not coverage for property damage.
D) The court ruled that the insureds were entitled to full coverage only if they could establish that the insurer knew of the drywall problems when it issued the policy.
E) The court ruled that the insureds were not entitled to coverage.
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39
If insurance covers some type of business risk, the insurance is called ______ insurance.

A) Business loss
B) Profit loss
C) Commercial
D) Economy
E) Economic
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40
The transfer and distribution of risk done by an insurer is known as _____.

A) Insurance management
B) Insured protection
C) Spread protection
D) Risk management
E) Casualty management
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41
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-On which of the following legal theories would the insurer likely attempt to deny coverage?

A) Negligence
B) Recklessness
C) Breach of contract
D) Misrepresentation
E) Illegality
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42
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following is most likely true regarding Sally's reliance on an incontestability clause if typical state laws are in effect?

A) Sally is correct, and the insurance has been in effect over one year, a sufficient length of time for the incontestability clause to bar any defense by the insurer based on her failure to mention Bobby on the application.
B) Sally is incorrect because the incontestability clause does not generally apply until coverage has been in effect for at least two years.
C) Sally is incorrect because the incontestability clause operates to deny her the right to dispute inaccuracies on the application, not as a bar against the insurer.
D) Sally is correct because the incontestability clause acts to bar an insurer from denying coverage in cases in which any driver with permission is driving an insured's vehicle.
E) Sally is incorrect because incontestability clauses were barred by federal law a number of years ago.
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43
Which of the following is false regarding marine insurance in Scotland?

A) Scotland has a Marine Insurance Act in its mercantile law that addresses insurance contracts.
B) Marine insurance policies cover most marine activities including liability to third parties in the event of difficulties while at sea.
C) Marine insurance policies are among the most simple and easy to understand insurance policies.
D) Marine insurance policies tend to be exacting.
E) Before an insurer will sign a policy, the value of the item insured must be specified in the contract.
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44
Property of Mary is damaged in a fire. She claims the property damage amounted to $10,000, and the insurer claims it only amounted to $5,000. Which of the following is true in this situation?

A) Mary should demand an appraisal under her policy's appraisal clause.
B) Mary has no alternative because she must accept the insurer's valuation.
C) The insurer is required to accept the insured's valuation unless the insurer can establish that the insured failed to act in good faith.
D) Mary should call the state inspector who investigates and makes rulings in such cases.
E) Mary should file for a field evaluation.
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45
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following is true regarding Mark's statement that Sally would never see a jury?

A) He is correct based on provisions in most policies denying the insured the right to contest policy provisions.
B) He is incorrect, and insurers may not require as a condition of a policy that an insured give up the right to a trial by jury.
C) He is correct based on provisions in most policies providing that the insurance company has the final word regarding coverage.
D) He is likely referencing a provision requiring arbitration contained in some policies.
E) He is likely referencing a provision requiring that any dispute be settled by the Insurance Adjustors of America contained in some policies.
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46
Which of the following types of insurance protects a garage owner from liability to persons who are injured by the operation of the garage?

A) Transportation liability
B) Employee liability
C) Garage liability
D) Vehicle liability
E) Peril
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47
Which of the following types of insurance provides a specific sum of money on the death of the insured?

A) Casualty
B) Consumer
C) Risk
D) Life
E) Occurrence
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48
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding the assertion of Alice that the insurer was not liable for accidents that were the fault of the insured?

A) Alice is correct because insurance on vehicles is meant to assist drivers who are involved in accidents through no fault of their own.
B) Alice is correct only if Prudence has had at least two previous accidents.
C) Alice is only correct if Prudence is still carried on a parent's insurance policy.
D) Alice is likely correct only because Prudence is a student with a student policy.
E) Alice is incorrect.
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49
"Teenage Driver." Sally bought a new car, a yellow convertible. She also had a teenage son at home, Bobby, but she did not plan to let him drive the car. She was annoyed because Bobby had run her last car into the lake. Sally decided to change insurers because she thought her previous insurance agent was annoyed over Bobby's antics. She went to ABC Insurance to apply. She got an application from Mark. Sally was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Sally answered "no" on both counts because she had no plans to let Bobby drive. Sally got full coverage on the car, and the policy was issued shortly after she completed the application. She renewed the policy without revising any of the information she provided. Thirteen months later, Sally really needed some gas in the car for the next day. Under the belief that he had sufficiently matured, Sally sent Bobby to get some gas at the station just down the street. Unfortunately, a drunk driver who had no insurance hit the car and totaled it. Sally immediately called Mark. When Mark reviewed the police report, however, he told Sally that there would be no coverage on the car because Bobby was driving. Sally said that was completely unfair and that she would appeal to the jury. Sally told Mark that ABC issued the policy and that she was relying on the incontestability clause. Mark told Sally that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.

-Which of the following, if any, will ABC Insurance most likely be required to prove in order to deny coverage based on the discrepancy between the application and Bobby's driving?

A) Only that Sally's misrepresentation was material.
B) Only that the company's knowledge of the misrepresentation would have resulted in rejection of Sally's application.
C) Both that Sally's misrepresentation was material and that knowledge of the misrepresentation would have resulted in the refusal to provide insurance.
D) That Sally's misrepresentation was material; that knowledge of the misrepresentation would have resulted in rejection of her application; and that the insurer's loss would be in an amount over $10,000.
E) There is no proof that ABC Insurance can provide to avoid coverage because, as a matter of law, it is clear that coverage must be provided based on Bobby's permissive use of the vehicle.
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50
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is true regarding whether ABC Insurance will be required to provide coverage on the jeep?

A) ABC will likely not be required to provide coverage on the jeep because Image made material misrepresentations in the renewal of the policy that would have prevented its renewal.
B) ABC will likely be required to provide coverage on the jeep because any misrepresentations made were innocently made in the belief that the jeep would be returned soon.
C) ABC will not have to provide coverage because Image did not have an insurable interest in the jeep.
D) ABC will have to provide coverage unless Bruno had already obtained his own insurance on the vehicle because one vehicle may only be insured under one policy.
E) ABC will not likely be required to provide coverage because Bruno's new employer was liable under workers' compensation.
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51
Which of the following types of insurance protects the producer or manufacturer of a good from loss incurred by people who are injured using the good?

A) Contractors' liability
B) Strict liability
C) Product liability
D) Business operations
E) Consumer protection
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52
Which of the following types of life insurance provides coverage for a specified term?

A) Whole-life
B) Term-life
C) Surrender-life
D) Useful-life
E) Entire-life
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53
Which of the following types of life insurance provides protection for the entire life of the insured and has a cash-surrender value?

A) Whole-life
B) Term-life
C) Surrender-life
D) Useful-life
E) Entire-life
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54
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding Alice's complaint that Prudence failed to help?

A) Prudence had a duty to cooperate with the insurer.
B) Prudence's only duty was to show up for court; otherwise she had no duty to assist the insurer.
C) Prudence's only duty was to show up for a court and for any depositions for which she received a subpoena; otherwise, she had no duty to cooperate with the insurer.
D) Prudence had a duty to assist the insurer and to provide a share of funds to help the insurer in defending her claim.
E) Prudence had a duty to cooperate with the insurer only because it appears that the accident was her fault.
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55
Which of the following is true regarding the reduction of the impact of moral hazard by insurers?

A) It is not possible for insurers to reduce the risk of moral hazard, and this is seen as a risk of doing business.
B) Insurers refuse to pay claims believed to result from the effects of moral hazard.
C) The only avenue for insurers seeking to reduce moral hazard is through the use of deductibles.
D) The only avenue for insurers seeking to reduce moral hazard is through refusing to insure those who have previously made multiple insurance claims.
E) Insurance companies lessen the impact of moral hazard by requiring that individuals with insurance make co-payments or pay a deductible.
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56
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is true regarding the contention of ABC Insurance that it is not required to pay to Image Company the amount for which Bruno's life was insured?

A) ABC Insurance Company is incorrect because Image Company held an economic interest in Bruno's life at the time the insurance was purchased.
B) ABC Insurance Company is correct because Image Company no longer had an economic interest in Bruno's life.
C) ABC Insurance Company is correct only if Bruno's new employer had purchased life insurance on his life.
D) ABC Insurance Company is incorrect because Image Company had an economic interest in Bruno based on his possession of the jeep that Image Company still owned.
E) ABC Insurance Company is incorrect only if Image Company owed Bruno retirement or some other sort of benefit.
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57
"Wild Things." Image Company, a company specializing in photography of exotic and wild animals, took out a life insurance policy through ABC Insurance on its president Bruno and also on a company-owned jeep that he drove. Bruno got a better offer from Wild Things Company, another company specializing in the photography of exotic animals, and went to work for them. He parted on good terms with Image Company and taking the jeep with him under the mistaken idea that the jeep was part of his severance benefits. Neither of the insurance policies was cancelled by Image. Unfortunately, while photographing a lion for Wild Things Company, Bruno was attacked and eaten. His jeep was then stolen by an unknown bystander who apparently saw the attack and took the opportunity to take the jeep. Image Company had been in the process of contacting Bruno in an attempt to obtain possession of the jeep but had not reacquired it at the time of his death. Image Company had renewed the policy on the jeep reaffirming to the insurer that its purpose was for use by Image employees because Image planned to have possession of the vehicle shortly. Image Company filed a claim to collect on the life insurance policy and also on the vehicle policy. ABC Insurance denied both claims.

-Which of the following is a term referencing the concept that a sufficient interest must exist on the part of an insured in order to take out a policy of insurance?

A) Insurable interest
B) Pecuniary interest
C) Financial concern
D) Financial effect
E) Profit impact
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58
Which of the following is false regarding insurance and the international sale of goods?

A) Manufacturers typically have insurance only in their home country because, under international law, the home country's law would be applied in the event of disputes.
B) Product liability awards may vary in amount from country to country.
C) Complications may arise from having insurance companies in several different countries.
D) A manufacturers in Germany, for example, could seek insurance through a German insurance company regardless of where its products are shipped.
E) Today, manufacturers are likely to have an insurance company in every country to which they ship goods.
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59
"Prudence's Imprudence." Unfortunately, Prudence failed to act prudently. She had a bad day after failing a business law test and breaking up with her boyfriend. While drinking a mocha and talking on the cell phone with her best friend, she slammed into the back of George's car. Shortly thereafter she received notice of a lawsuit setting forth George's claims for personal injury and property damage. Prudence was very busy studying for her next business law test and hanging out with her boyfriend with whom she had reconciled. Also, she just did not feel like dealing with a pesky lawsuit. Several months later, Alice, a new agent with the insurer called Prudence and told Prudence that she had just heard something about a lawsuit from the plaintiff's lawyer. Alice told Prudence that although investigation would be difficult after so many months, she would like to talk with Prudence because the trial was scheduled for the next week. Prudence told Alice that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Alice told Prudence that the insurance company was going to deny coverage. Alice also told Prudence that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Alice told Prudence that her insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Prudence anyway, and that the insurer wanted nothing more to do with her.

-Which of the following is true regarding the assertion of Alice that vehicle insurance policies do not generally provide coverage for legal representation?

A) She is incorrect.
B) She is correct only in situations in which a student with a student policy is involved in an accident.
C) She is correct only in situations in which an insured has had at least two previous accidents.
D) She is correct only in situations in which a student is carried on a parent's insurance policy.
E) She is correct because insureds are expected to shoulder some of the burden of accidents.
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60
Which of the following types of insurance protects members of specific professions from liability associated with their professional acts?

A) Business liability
B) Licensed
C) Trained liability
D) Professional liability
E) Consumer
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61
What is meant by an antilapse clause, and how do these usually work? Do you believe that all states and all types of policies should have antilapse clauses, and why or why not?
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62
What is usually the effect if a person who is in good health lies about their age on an application for life insurance and the misrepresentation is discovered at the time of the person's death?
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63
What is an incontestability clause in a policy of insurance, and what is its effect? Discuss whether you believe that ethically these clauses should be required of insurers.
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64
What is the effect of an appraisal clause in a policy of insurance, and how do these usually work?
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65
Sally is involved in a motor vehicle accident. She is sued by George, the driver of the other vehicle. Sally calls her insurer and tells them to handle it for her. Later, she is asked to give some information to the insurer regarding the incident and to give a deposition in litigation. She tells the insurer that she is too busy and that the insurer should simply handle the matter because that is the reason she has insurance; and that, furthermore, the insurer should not call her again regarding the accident. Is Sally correct about her duties and why or why not?
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