INSURANCE & BUSINESS LAW WITH REFERENCE TO IRISH LAW AND PRACTICE MDI- 01 Learning Plan 2014 CONTENTS How to use your learning plan 2 Using the syllabus for your study and exam preparation 4 Available study supports 9 Planning your study and managing your time 10 Understanding your exam paper 14 Disclaimer This learning plan was prepared by The Insurance Institute of Ireland (III) as a comprehensive support for III members who are engaged in private study leading to a professional qualification. The learning plan has been prepared solely for use by these students and every effort has been made to ensure accuracy. While efforts have been made to identify and obtain prior clearance from rights owners, whose work has been included in these materials, it may be that some copyright material has unintentionally been reproduced herein. Please contact the III should you consider this to be the case. The III, the authors, verifiers or contributors do not accept any legal responsibility whatsoever for consequences that may arise from any errors or omissions or any opinions or advice in the learning plan. Copyright © The Insurance Institute of Ireland 2014 This Learning Plan is issued by The Insurance Institute of Ireland (III) to members taking III courses and/or examinations. It may not be used in whole or in part for any course of study/ examination of any other body whatsoever without prior permission in writing of the III. This Learning Plan, or any part there of, may not be made available in any library and it may not be reproduced, in whole or in part, stored in a retrieval system or transmitted in any form or by any means – electronic, electrostatic, magnetic, mechanical, photocopying, recording or otherwise, without prior permission in writing of the III. HOW TO USE YOUR LEARNING PLAN Welcome to the MDI-01 Insurance & Business Law Learning Plan, designed to help and support you in your blended learning study programme. This document should be your first stop before you even open your MDI-01 textbook. Some students achieve lower marks in their exams due to poor preparation and/or exam technique. This learning plan encourages you to organise your study in a way that will help you to perform at your best on exam day. FOCUS YOUR STUDY MASTER EXAM TECHNIQUE MANAGE YOUR TIME USE THE SUPPORTS AVAILABLE CONTACT US The MDI-01 syllabus and learning outcomes contained in this document highlight what you’re expected to learn in each chapter and how you can expect to be examined on it. By referring back to the learning outcomes for each chapter, you can chart your progress and ensure that you’re covering the textbook material correctly. Learn more about the MDI-01 learning outcomes on page 4. All of your study builds towards the exam. Keep this in mind during your study and practice past papers in exam conditions to ensure that you can reproduce all that you have learned in an exam-type scenario. This learning plan provides definitions of key words used in exam questions (Table 1), suggested exam timings and top tips arising from common mistakes. Learn more on page 15. Studying while you work can be challenging, but leaving it all until the last minute is not the solution as it simply adds to stress and ultimately doesn’t work. This learning plan includes a revision plan which suggests what content to cover in each week of the 20 week term. Learn more on page 10. 1 KEY WORD KNOWLEDGE RATING RESPONSE State K Provide a brief factual report with no explanation or opinion. List K Write down bullet points – not an essay; brief. Define K State all essential elements in precise terms (quote legal definitions if appropriate) without interpretation. Outline Provide a concise description of the key features of a complex area. K Explain K / U Give clear reasoning – don’t restate the question. Provide a clear and comprehensive account of a subject area including the features, results and consequences in context. Describe Give a detailed account of the key features with examples. U Discuss U / A Give a considered view setting out both sides of the case – a full reasoned argument of both sides of a topic. Compare /Contrast Outline both concepts and their differences. U / A Differentiate U / A Identify the key characteristics of each concept and highlight differences. Provide a contrasting explanation of concepts and topics. Demonstrate Show how a theory manifests itself in a particular scenario. U / A Advancing your technical knowledge through the Management Diploma in Insurance (MDI) may prove more demanding than your studies for the Professional Certificate or Diploma in Insurance (APA, CIP). Therefore, we’ve put together enhanced supports to help you. All online supports are available through iiiConnect. Learn more on Page 9. Justify U / A Discuss (as defined above) and choose one side of an argument, citing your reasons for this. Advise A State the possibilities, giving a reasoned view for your conclusion. The provision of information and a reasoned view to allow a stance to be taken or a decision to be made. I’d like to take this opportunity to wish you well in your studies and encourage you to contact the Student Services team if you have any queries. They can be contacted on (01) 6456680 or studentservices@iii.ie Apply A Put a theory or framework into practical operation in a given situation; noting its relevance, applicability or when it would require modification. Illustrate A Give actual examples of a given theory in practice. Calculate A Solve a given problem by using a mathematical procedure. We always welcome feedback so if you have any ideas or suggestions on how this learning plan (or any of our products or services) can be made more effective, please forward them to Student Services. Alternatively, you can include them in the end of term student survey. Carol Lacey, BA FCII Assoc CIPD Director of Education, The Insurance Institute of Ireland 2 KEY WORDS USED IN EXAM QUESTIONS K = Knowledge U = Understanding A = Application 3 USING THE SYLLABUS FOR YOUR STUDY AND EXAM PREPARATION WHAT IS A SYLLABUS? A syllabus is an outline and summary of topics covered in the textbook. The correct use of the syllabus is vital to the quality and focus of your MDI-01 study because it; • outlines the topics to be studied • contains the learning outcomes expected from each of these topics • indicates exactly how this material is to be examined. 2 MDI-01 INSURANCE & BUSINESS LAW SYLLABUS CHAPTER 1: THE IRISH LEGAL SYSTEM Section Learning Outcome Knowledge Rating A & B State how laws are classified and outline the history of Common Law in Ireland and the effect of judicial precedent. K C D Describe the sources and types of Irish and European Union law. U Demonstrate the civil procedure in a personal injuries case and describe the structure of the Irish Court system and the legal professions operating therein. U E Discuss the rules for interpretation of written law. U CHAPTER 2: LEGAL PERSONALITY HOW TO USE THE SYLLABUS LEARNING OUTCOMES Table 2 outlines the learning outcomes for MDI-01 by chapter, section and knowledge ratings. Learning outcomes are categorised into the following knowledge ratings – Knowledge (K), Understanding (U) or Application (A), which are defined as follows: • (K): Requires you to recall factual information • (U): Requires you to link pieces of information in a cause and effect relationship • (A): Requires you to apply or analyse your knowledge and/or understanding in a given set of circumstances You can improve the focus of your study and performance by noting the knowledge rating associated with each learning outcome. This will assist you in identifying: • what topics are important • the level of detail required • how each specific learning outcome will be tested in the exam HOW DOES THE KNOWLEDGE RATING RELATE TO MY EXAM? Firstly, if a learning outcome in the syllabus has an associated knowledge rating of (K), then you know you will be asked to recall factual information about that material in the exam. Secondly, as you attempt sample or past exam papers, you will see that each question begins with a key word. These key words are also linked to the knowledge ratings (i.e. Knowledge (K), Understanding (U) or Application (A)). Therefore, each key word is an instant indicator of what you are being asked and how you should present your answer. Table1 on the previous page lists examples of the key words linked to each knowledge rating and how you should frame your answer in response. So you can see how referring to the module syllabus and learning outcomes throughout your studies will give you a head start before you even see the exam paper. 4 Section Learning Outcome Knowledge Rating A Explain the status and capacity of the various classes of legal persons. U B1 Describe the legal constitution and legal capacity of a juristic person (company). U B2 Explain the formal legal requirements of a juristic person (company). U B3 Differentiate between the types of companies which exist in Ireland. A C Explain the legal capacity of unincorporated associations. U D Summarise the legal capacity of partnerships and distinguish between the requirements of a limited company, a partnership and a Lloyd’s underwriter. U E Recognise the legal basis for and capacity of trade unions. K CHAPTER 3: THE LAW OF TORTS Section Learning Outcome Knowledge Rating A Explain the nature of a tort and recognise how they are classified. K &U B Describe the characteristics of the tort of negligence and the principles governing it. U C Describe the characteristics of the tort of trespass and the forms it may take. U & A D Differentiate between the torts of public and private nuisance, the forms private nuisance may take, the principles governing it and the unique defences available for them. U E Explain the rule in Rylands v. Fletcher. U F Describe the characteristics of the tort of defamation, the principles governing U it and the unique defences available for it. G Describe the nature of a ‘breach of statutory duty’ and illustrate its application to employers’ liability, occupiers’ liability and product liability U Table continues on next page... 5 Section Learning Outcome H Explain the principle of vicarious liability. I J K Knowledge Rating Section Learning Outcome U C Explain the concept of insurable interest and why it is necessary. U Explain the main defences in tort. U D Describe the legal basis for the concept of insurable interest U Outline the main remedies in tort. U E Recognise how insurable interest is created and when it is required. K Describe the time limitation of actions in tort. U F Apply the principle of insurable interest to reinsurance and the major classes of insurance. A CHAPTER 4: THE LAW OF CONTRACT Section Learning Outcome A Define a contract and recognise the various classifications of contracts. B Knowledge Rating CHAPTER 7: UTMOST GOOD FAITH Knowledge Rating Section Learning Outcome K A Outline the doctrine of utmost good faith. U Describe the elements essential to the formation of a valid contract. U Describe how contract terms are classified and the effect of legislation on their classifications. U &A Identify the various forms of misrepresentation and distinguish between misrepresentation and non-disclosure. K &U C B C1 & C2 Discuss the duty of disclosure in the context of insurance. U D Describe the elements which affect the validity of contracts. A Explain the circumstances in which a contract may be discharged. U Discuss the significance of material facts in insurance and outline which facts must and must not be disclosed. U E C3 –C5 F Describe the remedies for breach of contract. U C6 State when disclosure is required and how the timing of the duty of K &U disclosure can be modified by policy wordings. G Outline the doctrine of privity of contract. U C7 Explain how the duty of disclosure operates with regard to compulsory insurances. U H Outline the key considerations in the assignment of a contract. U D1 & D2 State the forms which breach of good faith may take and the remedies available. K D3 Explain the effects of Insurance Ireland’s Non-Life Insurance General Code U and the Central Bank’s Consumer Protection Code on the duty of good faith. State the objective and scope of the Law Reform Commission’s 2012 Consultation Paper. CHAPTER 5: AGENCY Knowledge Rating Section Learning Outcome A Explain the nature of agency and its creation. U E B Discuss the nature of an agent’s duties and state the remedies for the breach of such duties K &U CHAPTER 8: WARRANTIES, TERMS, VOID INSURANCE CONTRACTS AND ASSIGNMENT C Discuss the nature of an agent’s rights. U D Discuss the nature of an agent’s authority. U E In the context of the relationships between agents, principals and third parties, U describe the affect that the disclosed and undisclosed principles have on this. F Explain how an agency can be terminated and its effect. Knowledge Rating U CHAPTER 6: INSURANCE CONTRACTS AND INSURABLE INTEREST Section Learning Outcome Knowledge Rating A Apply the essential elements of contract formation to insurance A B Apply the law of agency to insurance. A K Section Learning Outcome Knowledge Rating A1–A4 Differentiate between the meaning and use of warranties and conditions in insurance and non-insurance contracts. U A5 Explain the effect of a breach of warranty or condition in insurance. U A6–8 B Explain the effects of Insurance Ireland’s Non-Life Insurance U General Code, the Central Bank’s Consumer Protection Code and special conditions relating to compulsory insurance on the use and breach of warranties and conditions. State the difference between void and voidable insurance contracts. K C Illustrate the rules which govern the assignment of insurance contracts. A 6 Table continues on next page... 7 AVAILABLE STUDY SUPPORTS CHAPTER 9: MAKING A CLAIM Section Learning Outcome Knowledge Rating A Discuss who can enforce an insurance contract and who can benefit under it. U B Explain the rules governing notice and proof of loss. U C Explain the main rules governing the construction and interpretation of insurance contracts. U D Discuss the doctrine of proximate cause and explain the effect that specific policy wordings have on its operation. U As an advanced qualification the course material for the Management Diploma in Insurance (MDI) is more demanding than the Professional Diploma and Certificate (CIP, APA). Therefore, it is only fitting that those registered for this qualification are afforded enhanced supports. PLAY TO YOUR STRENGTHS When you learn you depend on your senses to process the information. Most people use one sense more than others. There are four basic types of learning styles and by identifying your preference – visual, auditory, read/write or active (kinaesthetic) – you can work out how best to approach your studies. Access a quick and simple quiz in the induction section of your learning supports on iiiConnect to identify your learning style and the most appropriate III study supports for you. MASTER THE MATERIAL Get to grips with MDI-01 content by attending tuition sessions with industry experts across a 20 week term. CHAPTER 10: MEASURING THE LOSS – THE PRINCIPLE OF INDEMNITY Section Learning Outcome Knowledge Rating A Define indemnity. K B Explain the methods which insurers can use to provide indemnity. U C Explain the various methods of calculating the measure of indemnity for U the main classes of insurance. D Discuss and apply the factors which limit, reduce, extend or modify the A principle of indemnity. E Explain the doctrine of salvage. • Face-to-face tuition sessions with subject matter experts • Note taking guide to help you make the most of attending tuition • Copy of lecturer’s PowerPoint slides • Key points per chapter for all modules U CHAPTER 11: SUBROGATION AND CONTRIBUTION FLEXIBLE LEARNING Study on the move when it suits your schedule with additional online supports available through iiiConnect. • Virtual classes Section Learning Outcome Knowledge Rating A Define the principle and nature of subrogation as a corollary of indemnity. K • Textbooks in e-books form for all modules in formats compatible with e-readers including Kindle, Nook and Kobo B Explain how subrogation operates and applies. U &A • Webinars (recorded lectures) for compulsory MDI modules C Outline the source of subrogation rights and how they may be modified or denied. U D Outline the nature of double insurance and contribution. U E Explain when contribution arises at common law. F U Table continues on next page... Describe the operation of contribution at common law and the effect of common U &A contribution conditions. G1 & G2 Explain and apply the maximum liability and independent liability methods U &A of contribution. G3 & G4 Identify the methods of contribution used for property and liability insurance. U H State the effect of market agreements on the principles of subrogation and contribution. K PREPARE THROUGH PRACTICE • Review past papers with examiner’s notes on how best to answer • Complete sample papers under exam conditions as this will allow you to manage your exam timings, practice your handwriting and test your knowledge • Submit your assignment for marking to gauge your progress during the term • Perfect your exam technique through tutorials, online supports and advice in this learning plan HOW DO I ACCESS ONLINE SUPPORTS AND BOOK TUITION SESSIONS? • Go to www.iii.ie, Click ‘Member Area Login’ in the top right hand corner • Enter your Login (which is your membership number) and your password • You are now in iiiPlus (the Member Area), Click ‘iiiConnect’ on sidebar • Access supports and book into the face-to-face tuition sessions. Remember: The textbook in its entirety, including any appendices, is examinable. All study supports are designed to support you in covering the material and achieving the module learning outcomes. Supports are not substitutes for the textbook. 8 9 PLANNING YOUR STUDY AND MANAGING YOUR TIME Blended learning offers great flexibility for students, but it can also involve specific challenges including time management. WEEK 4 Use key points for Chapter 2 & 3 as a revision tool. Study Chapter 3 – Law of Torts (Sections D - K) – quick questions and selfassessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 3’ as an aid in your studies. WEEK 5 Use key points for Chapter 3 as a revision tool. Study Chapter 4 – Law of Contract – quick questions and self-assessment questions will help direct your learning. Use webinar, ‘MDI-01 Chapter 4’ as an aid in your studies. Access CPD lectures ‘Contract Terms’, ‘Contract Assignment’ and ‘Contract Management’. REVISION PLAN To help you prepare for the exam a detailed revision plan broken down by chapter and week of term is outlined in Table 3. WEEK 6 Use key points for Chapter 4 as a revision tool. Study Chapter 5 – Agency – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 5’ as an aid in your studies. Access CPD lectures ‘Agent’s Rights and Responsibilities’. START AS YOU MEAN TO GO ON 3 It is not possible to cover the MDI-01 learning outcomes, in the detail required, through last minute cramming. In fact the work you do at the start of term is probably what will stand to you most as you move closer to the exam, as you’ll be revising concepts you took the time to understand fully at the beginning. WEEK 7 Use key points for Chapter 5 as a revision tool. Study Chapter 6 – Insurance Contracts and Insurable Interest – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 6 Webinar’ as an aid in your studies. Face-to-face tuition 1 – revise Chapters 1, 2, 3 and 4 in preparation. Face-to-face tuition dates change from term to term so always refer to iiiConnect for confirmed dates. MDI-01 REVISION PLAN WEEK 1 • Log on to iiiConnect – view range of study supports available to you • Access the learning plan • Scan through textbook to view topics covered in the module • Access the exam preparation document Mid-term assignment circulated at this session. WEEK 8 Work on mid-term assignment. Study Chapter 7 – Utmost Good Faith – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 7 Webinar’ as an aid in your studies. WEEK 2 Study Chapter 1 – The Irish Legal System – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 1’, as an aid in your studies. WEEK 9 Use key points for Chapter 7 as a revision tool. Work on mid-term assignment. WEEK 3 Use key points for Chapter 1 as a revision tool. Study Chapter 8 – Warranties, Terms, Void Insurance Contracts and Assignment – quick questions and self-assessment questions will help direct your learning. Study Chapter 2 – Legal Personality – and Chapter 3 – Law of Torts (Sections A - C) – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 8 Webinar’ as an aid in your studies. Use webinar ‘MDI-01 Chapter 2’, as an aid in your studies. Access the learning plan – focus on exam structure, key words (list, explain etc.) and knowledge ratings of questions – K/U/A. Use webinar ‘MDI-01 Chapter 3’, as an aid in your studies. Access CPD lectures Common Law Principles – Tort, Trespass and Negligence. 10 Use key points for Chapter 6 as a revision tool. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 1 & 2. Take note of the breakdown of marks for each question. 11 WEEK 10 Use key points for Chapter 8 as a revision tool. Work on mid-term assignment. Study Chapter 9 – Making the Claim – quick questions and self-assessment questions will help direct your learning. WEEK 15 Read through individual feedback provided to you from your assignment – try to address any areas identified as needing more work. Face-to-face tuition 3 – revise Chapters 8, 9, 10 and 11 in preparation. Face-to-face tuition dates change from term to term so always refer to iiiConnect for confirmed dates. Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. Use webinar, ‘MDI-01 Chapter 9’ as an aid in your studies. Face-to-face tuition 2 – revise Chapters 4, 5, 6 and 7 in preparation. Face-to-face tuition dates change from term to term so always refer to iiiConnect for confirmed dates. Log on to iiiConnect to access past papers – revise the types of questions (long and short) that can be asked from Chapter 1–11. Take note of the breakdown of marks for each question. Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 3. Take note of the breakdown of marks for each question. WEEK 11 Submission of mid-term assignment. Mid-term assignment details change from term to term so always refer to iiiConnect for finalised information. Study Chapter 10 – Measuring the Loss: The Principle of Indemnity – quick questions and self-assessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 10’ as an aid in your studies. Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 4 & 5. Take note of the breakdown of marks for each question. WEEK 12 Study Chapter 11 – Subrogation and Contribution – quick questions and selfassessment questions will help direct your learning. Use webinar ‘MDI-01 Chapter 11 Webinar’ as an aid in your studies. Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. WEEK 16 Revise Chapters 1, 2 and 3 (Sections A–C). Access key / ancillary learning supports which you may not have accessed already on iiiConnect as a revision tool. Access past papers used in Weeks 9 and 10 – practice handwriting answers adhering to suggested timings. WEEK 17 Revise Chapters 3 (Section D - K), 4 and 5. Access past papers used in Weeks 11 and 12 – practice handwriting answers adhering to suggested timings. WEEK 18 Revise Chapters 6, 7 and 8. Access past papers used in Weeks 13 and 14 – practice handwriting answers adhering to suggested timings. WEEK 19 Revise Chapters 9, 10 and 11. Access CPD lectures ‘Application of the principle of subrogation’. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 6 & 7. Take note of the breakdown of marks for each question. Access the exam preparation document. Watch exam preparation webinar – pay attention to tips on preparing for the exam, suggested exam techniques, keywords, important examiner feedback, managing your time, summary of pitfalls and presentation. Revise key points for each chapter. Focus on areas of the module you find challenging. WEEK 13 Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 8 & 9. Take note of the breakdown of marks for each question. WEEK 14 Live virtual class. Virtual class dates can change from term to term so always refer to iiiConnect for confirmed dates. Access the learning plan – focus on exam structure, key words (list, explain etc) and knowledge ratings of questions – K/U/A. WEEK 20 Exam Week. Revise your notes, key points and sample/exam paper answers. Log on to iiiConnect to access past papers – types of questions (long and short) that can be asked from Chapter 10 & 11. Take note of the breakdown of marks for each question 12 13 UNDERSTANDING YOUR EXAM PAPER EXAM FORMAT MDI-01 is assessed by a 100% end-of-term written exam. The 3 hour exam paper is in two parts. Part I consists of 14 short answer questions (carrying 140 marks) while Part II features two long answer questions from a choice of 3 (each carrying 30 marks). The MDI-01 pass mark is 55%. Note: Part I examines material from Chapters 1–11 while Part II examines material from Chapter 6–11. Refer to the Insurance and Business Law Exam Preparation Guide on iiiConnect for further details on exam format. PAST PAPERS AND GUIDELINE ANSWERS Past papers and guideline answers are a vital tool in your MDI-01 exam preparation and are available on iiiConnect. ASSUMED KNOWLEDGE It is assumed that the candidate already has knowledge of the fundamental principles of insurance as covered in PDI-01 and PDI-07 or equivalent exams. TOP TIPS FOR EXAM SUCCESS • Your checklist for the day is as follows: Exam permit, photo ID (with signature), calculator and pen or pencil. • Print three copies of your exam permit (available to download three weeks before the exam) and leave one in the car, one in the office and one at home. TIME MANAGEMENT ON EXAM DAY It is recommended that you break down your 180 minutes (3 hours) as follows: EXAM 180 MINUTES (3 HOURS) BREAKDOWN TASK Read the exam instructions TIME USED TIME LEFT • Addresses, maps and directions to all III exam centres can be accessed on www.iii.ie/exams so check that you know exactly where you’re going before exam day arrives. • You should arrive at your exam centre at least 30 minutes before the exam starts. 5 min 175 min 15 min 160 min • Stick to your exam timings and don’t spend too long on any one question. The number of marks available doesn’t increase even if you write a longer, more detailed answer than necessary. Answer the 14 short questions 100 min 60 min • Don’t waste time by writing out the question. Clearly numbering your answers is sufficient. Answer the 2 essay questions 50 min (25 each) 10 min • Focus on your own paper and your own performance, don’t be distracted by others. 10 min 0 min Underline the key words throughout the paper and make notes to plan your answers Review your answers for clarity and spelling • Underline the key words of each question to help you focus on answering exactly what you’ve been asked. • Answer your ‘best’ question first and make sure to attempt all questions required. 14 PRESENTATION AND WRITING STYLE Keep your handwriting as neat as possible and your writing style as straightforward as possible. The examiners aren’t looking for an elaborate style. A simple style can be achieved by keeping sentences short, using different paragraphs to illustrate each point and using headings where appropriate. • Make sure your handwriting is as clear and neat as possible. Insurance House 39 Molesworth Street Dublin 2 01 645 6600 info@iii.ie