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1、Principles of Risk Management and Insurance, 11e (Rejda) Chapter 9 Fundamental Legal Principles 1) Fundamental purposes of the principle of indemnity include which of the following I. To reduce physical hazards. II. To prevent the insured from profiting from insurance. A) I only B) II only C) both I
2、 and II D) neither I nor II Answer: B Question Status: Previous Edition 2) Which of the following is a fundamental purpose of the principle of indemnity A) to reduce moral hazard B) to minimize physical hazards C) to settle property insurance losses on a replacement cost basis D) to require deductib
3、les in all property insurance policies Answer: A Question Status: Previous Edition 3) Sams furniture was destroyed by a fire. The furniture cost $1200 when it was purchased, but similar new furniture now costs $1800. Assuming the furniture was 50 percent depreciated, what is the actual cash value of
4、 Sams loss A) $600 B) $900 C) $1200 D) $1800 Answer: B Question Status: Revised 4) All of the following are exceptions to the principle of indemnity EXCEPT A) life insurance. B) valued policies. C) replacement cost property insurance. D) actual cash value property insurance. Answer: D Question Statu
5、s: Previous Edition 5) Under which of the following rules is actual cash value determined by taking into consideration all relevant factors an expert would use to determine the value of the property A) the circumstantial evidence rule B) the broad evidence rule C) the property indemnity rule D) the
6、objective value rule Answer: B Question Status: Previous Edition 6) A total loss under a valued policy is settled on the basis of the A) market value of the loss. B) actual cash value of the loss. C) replacement value of the loss. D) amount of insurance covering the loss. Answer: D Question Status:
7、Previous Edition 7) Which of the following statements describes how losses will be settled if a property insurance policy is written on a replacement cost basis A) Losses are settled without the applicable deductible. B) Losses are settled without a deduction for depreciation. C) The insurer must re
8、place the damaged or destroyed property in lieu of a cash settlement. D) The policy is converted to a valued policy. Answer: B Question Status: Previous Edition 8) Which of the following statements about the principle of insurable interest is (are) true I. It makes it difficult to measure the amount
9、 of an insureds loss. II. It reduces moral hazard. A) I only B) II only C) both I and II D) neither I nor II Answer: B Question Status: Previous Edition 9) All of the following will support an insurable interest for purposes of purchasing property and liability insurance EXCEPT A) close family relat
10、ionship. B) potential legal liability. C) secured creditors. D) a contract right. Answer: A Question Status: Previous Edition 10) Which of the following statements about an insurable interest in life insurance is (are) true I. It is required of any person named as beneficiary. II. It may result from
11、 a pecuniary (financial) interest. A) I only B) II only C) both I and II D) neither I nor II Answer: B Question Status: Revised 11) When must an insurable interest legally exist in life insurance A) only at the time of the insureds death B) only at the inception of the policy C) only at the time the
12、 beneficiary is paid D) both at the time of the insureds death and at the inception of the policy Answer: B Question Status: Previous Edition 12) When must an insurable interest legally exist in property insurance for an insured to receive payment for a loss from the insurer A) only at the time of t
13、he loss B) only at the inception of the policy C) only at the time the loss settlement process takes place D) both at the time of the loss and at the inception of the policy Answer: A Question Status: Revised 13) Sues office building was damaged by a fire caused by a careless tenant. After paying Su
14、e for her loss, the insurance company sued the tenant to recover its loss. This suit is based on the principle of A) warranty. B) insurable interest. C) utmost good faith. D) subrogation. Answer: D Question Status: Previous Edition 14) All of the following are basic purposes of subrogation EXCEPT A)
15、 to eliminate adverse selection. B) to hold down the cost of insurance. C) to prevent an insured from collecting twice for the same loss. D) to hold the negligent person responsible for a loss. Answer: A Question Status: Previous Edition 15) Which of the following statements about subrogation is tru
16、e A) It is used primarily for losses paid under life insurance policies. B) It allows the insurer to sue its own insured who is negligent. C) The insureds right to collect benefits may be forfeited if the insured interferes with the insurers rights after a loss occurs. D) The insurer is required to
17、exercise its subrogation rights. Answer: C Question Status: Previous Edition 16) The principle of utmost good faith is supported by all of the following legal doctrines EXCEPT A) representations. B) warranty. C) subrogation. D) concealment. Answer: C Question Status: Previous Edition 17) What is the
18、 legal significance of a material concealment by an insurance applicant A) The contract is automatically voided from its inception. B) The contract is voidable at the insurers option. C) Loss payments are reduced by the degree of the concealment. D) The insurer is immediately entitled to a higher pr
19、emium. Answer: B Question Status: Previous Edition 18) What is the legal significance of a material misrepresentation in an insurance application A) The contract is automatically voided from its inception. B) The contract is voidable at the insurers option. C) Loss payments are reduced by the degree
20、 of the misrepresentation. D) The insurer is immediately entitled to a higher premium. Answer: B Question Status: Previous Edition 19) A false statement made by an applicant for insurance is an example of a A) concealment. B) breach of warranty. C) lack of offer and acceptance. D) misrepresentation.
21、 Answer: D Question Status: Previous Edition 20) Which of the following statements about a warranty in an insurance contract is (are) true I. It is part of the insurance contract. II. Statements made by an insurance applicant are considered warranties rather than representations. A) I only B) II onl
22、y C) both I and II D) neither I nor II Answer: A Question Status: Previous Edition 21) David owns a liquor store in a high-crime area. In order to obtain a reduced insurance premium, David promised to have a burglar alarm operating at the store when the store was closed. This agreement, which was in
23、corporated into the insurance contract, is an example of a A) representation. B) unilateral contract. C) contract of adhesion. D) warranty. Answer: D Question Status: Previous Edition 22) Which of the following statements about offer and acceptance for insurance contracts is true A) In property and
24、liability insurance, agents typically do not have the authority to bind coverage. B) In life insurance, the agent can usually accept an offer by immediately binding coverage. C) In property insurance, the offer and acceptance are usually in writing but may be oral. D) In life insurance, the offer is
25、 merely the promise to pay the first premium. Answer: C Question Status: Previous Edition 23) Chris applied for life insurance and paid the first premium on Monday. She was given an insurability premium receipt which specified that coverage was effective on the date of the application or the date of
26、 the medical exam, whichever is later. She took the medical exam the following Thursday. She was found to be in perfect health. On which day was her coverage effective A) on Monday, when she completed the application and paid the first premium B) on Wednesday, two days after completing the applicati
27、on and paying the first premium C) on Thursday when she passed the medical exam D) on Saturday, two days after passing the medical exam Answer: C Question Status: Previous Edition 24) Which of the following statements about consideration in an insurance contract is (are) true I. The insureds total c
28、onsideration is submission of a completed application. II. The insurers consideration is the promise to do those things specified in the policy. A) I only B) II only C) both I and II D) neither I nor II Answer: B Question Status: Previous Edition 25) A contract in which the values exchanged are not
29、equal because chance is involved is called a(n) A) contract of adhesion. B) unilateral contract. C) conditional contract. D) aleatory contract. Answer: D Question Status: Previous Edition 26) Why are insurance contracts said to be contracts of adhesion A) The values exchanged by the parties to the c
30、ontract are not equal. B) One party writes the contract, and the other party must accept the entire contract as written. C) Only one party makes a legally enforceable promise. D) Conditions are placed on the insurers promise to perform. Answer: B Question Status: Revised 27) Why does the insured get
31、 the benefit of the doubt if an insurance policy contains any ambiguities or uncertainties A) because insurance contracts are aleatory B) because insurance contracts are unilateral C) because insurance contracts are conditional D) because insurance contracts are contracts of adhesion Answer: D Quest
32、ion Status: Previous Edition 28) Why can an insurer refuse to pay a claim if an insured fails to abide by the policy provisions A) because insurance contracts are aleatory B) because insurance contracts are unilateral C) because insurance contracts are conditional D) because insurance contracts are
33、contracts of adhesion Answer: C Question Status: Previous Edition 29) Which of the following types of insurance policies can usually be assigned without the insurers consent I. Life insurance II. Property insurance A) I only B) II only C) both I and II D) neither I nor II Answer: A Question Status:
34、Previous Edition 30) What is the practical effect of an insurance policy being a conditional contract A) The insurer can refuse to a pay claim unless the insured has complied with all policy provisions. B) The insured can assign the policy only with the insurers consent. C) The insurer can sue the i
35、nsured for failure to pay any premiums. D) The insured gets the benefit of the doubt if a policy contains any ambiguities or uncertainties. Answer: A Question Status: Revised 31) What is the practical effect of an insurance policy being a contract of adhesion A) The insurer can refuse to pay claims
36、unless the insured has complied with all policy provisions. B) The insured can assign the policy only with the insurers consent. C) The insurer can sue the insured for failure to pay any premiums. D) The policy is interpreted in the insureds favor if the policy contains any ambiguities or uncertaint
37、ies. Answer: D Question Status: Previous Edition 32) All of the following statements about the rules governing agency relationships are true EXCEPT A) An agent must be authorized to act on behalf of a principal. B) An agency agreement may grant certain powers to the agent as well as denying the agen
38、t other powers. C) The principal is responsible for the acts of agents only if the acts are criminal. D) Knowledge of the agent is presumed to be knowledge of the principal with respect to matters within the scope of the agency relationship. Answer: C Question Status: Previous Edition 33) The volunt
39、ary relinquishment of a legal right is called A) subrogation. B) adhesion. C) estoppel. D) waiver. Answer: D Question Status: Previous Edition 34) Frank asked his companys employee benefits director if his group health coverage could be converted to individual coverage. The benefits director said, Y
40、es, you can convert to an individual policy, and the coverage is identical to your group coverage. Frank quit his job and converted to an individual policy. Six months later he filed a claim. He was dismayed to learn the conversion policy was limited compared to the group coverage, and his claim was
41、 denied. What legal doctrine will allow Frank to bring a successful legal action against his former employer because he was financially harmed due to his reasonable reliance upon a representation of fact A) adhesion B) concealment C) estoppel D) subrogation Answer: C Question Status: Revised 35) Jan
42、ice purchased a living room set for $1,000 and insured this furniture on an actual cash value basis. Two years later the living room set was destroyed by a covered peril. At the time of loss, the property had depreciated in value by 25 percent. The replacement cost of the furniture at the time of lo
43、ss was $1,200. Assuming no deductible, how much will Janice receive from her insurer A) $900 B) $950 C) $1,000 D) $1,200 Answer: A Question Status: Previous Edition 36) Jacob sold his house to Shelia for $140,000 in cash. Jacob threw in insurance on the house as part of the deal and did not bother t
44、elling the insurer that there was a new owner. Four months after Shelia purchased the home, a windstorm damaged the roof. Which of the following legal characteristics of insurance contracts could the insurer use to legally deny payment for the damage to the roof A) Insurance contracts are unilateral
45、 contracts. B) Insurance contacts are contracts of adhesion. C) Insurance contracts are aleatory contracts. D) Insurance contracts are personal contracts. Answer: D Question Status: Previous Edition 37) Melodys car was damaged when another driver ran a stop sign and hit her car. Melody decided to co
46、llect from her own insurer and to let her insurer recoup the loss payment from the negligent driver who hit her. What fundamental legal principle is illustrated in this scenario A) the principle of utmost good faith B) the principle of insurable interest C) the principle of subrogation D) the princi
47、ple of reasonable expectations Answer: C Question Status: Previous Edition 38) When Ben applied for life insurance, he was asked on the application if he smoked or used tobacco products. Ben answered No. In reality, Ben smokes two packs of cigarettes a day. The policy was issued at the preferred, no
48、nsmoker rate. If Ben dies 6 months after the policy is issued, upon what grounds will the insurer be able to legally deny the claim A) warranty B) misrepresentation C) waiver D) concealment Answer: B Question Status: Previous Edition 39) Robin plans to open a bar in a high-crime area. She had diffic
49、ulty obtaining insurance for the business. She found an insurer willing to write the coverage, but only if Robin agreed to have a security alarm system in operation at all times when the business is closed. Robins promise to have a security alarm system operational as a condition of having the insur
50、ance coverage in force is a A) binder. B) warranty. C) waiver. D) deductible. Answer: B Question Status: Previous Edition 40) Dave is an agent for Easy Pay Insurance. Easy Pay insures only the highest-quality applicants. Dave wanted to earn more commissions, so he sold some policies to applicants he
51、 knew were below-average risks. When these policyowners started filing claims, Easy Pay tried to deny the claims stating that Dave had not acted appropriately. Which general rule of agency makes Easy Pay responsible for the claims of the higher-than-average risk policyowners A) There is no presumpti
52、on of an agency relationship. B) Agents should be compensated based on the quality of the business they generate. C) A principal is responsible for the acts of its agents who are acting within the scope of their authority. D) An agent must have authority to represent the principal. Answer: C Questio
53、n Status: Previous Edition 41) Teds insurance claim was denied by XYZ Insurance Company. When Ted inquired why the claim was denied, he was told to, Read the exclusion on page 5 of the policy. Ted read the exclusion. In his opinion, the exclusion was poorly worded and vague. If a court of law agrees
54、 with Teds assessment of the exclusion, Ted may still be able to have his claim paid by the insurer because insurance contracts are A) personal contracts. B) unilateral contracts. C) aleatory contracts. D) contracts of adhesion. Answer: D Question Status: Previous Edition 42) Mark owns a bar. The ba
55、r has a back room where Mark has some slot machines. Mark lets some of his patrons play the machines, and Mark keeps any profits. This type of gambling is illegal where Mark lives. Mark wanted to purchase insurance in case his slot machines were confiscated by the police. Such an insurance contract
56、would not be enforceable. Which requirement needed to form a valid insurance contract is missing A) consideration B) offer and acceptance C) legal purpose D) competent parties Answer: C Question Status: Previous Edition 43) Which distinct legal characteristic of insurance contracts states that only
57、the insurers promise to perform is legally enforceable A) contracts of adhesion B) unilateral contracts C) aleatory contracts D) personal contracts Answer: B Question Status: Previous Edition 44) Some courts have ruled that an alternative to replacement cost less depreciation should be used to deter
58、mine the actual cash value of a property loss. Under this alternative, the value of property lost is determined by the price a willing buyer would pay a willing seller for the property in a free market. This method of determining actual cash value is called the A) intrinsic value method. B) valued p
59、olicy method. C) fair market value method. D) reconstruction cost method. Answer: C Question Status: Previous Edition 45) Some states have a law that requires payment of the face amount of insurance to the insured if a total loss to real property occurs from a peril specified in the law. These laws
60、are called A) agreed amount laws. B) replacement cost laws. C) homestead laws. D) valued policy laws. Answer: D Question Status: Previous Edition 46) The general rule that ambiguity in insurance contracts is construed against the insurer is reinforced by an important legal principle. This principle
61、states the insured is entitled to coverage under a policy that he or she would assume the policy would provide, and exclusions must be conspicuous, plain, and clear. This principle is known as A) the principle of utmost good faith. B) the principle of reasonable expectations . C) the principle of su
62、brogation. D) the principle of indemnity. Answer: B Question Status: Previous Edition 47) Dave and Meagan Philips borrowed $150,000 from Fifth National Bank to help fund the purchase of a new home. The home serves as collateral for the loan. Fifth National has an insurable interest in the home based
63、 on A) potential responsibility for legal liability. B) being a secured creditor. C) expectation of ownership. D) having a contractual right. Answer: B Question Status: New 48) All of the following statements about subrogation are true EXCEPT A) the insurer is only entitled to recover the amount it has paid its insured under the policy. B) subrogation does not apply in life insurance. C) interfering with the insurers subrogation rights can jeopardize indemnification of the insured. D) the insurer reserves the right to subrogate against its own insureds. Answer: D Question Status: New
