D01 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D01 INSURANCE PRACTICE AND REGULATION Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D01 CHARTERED INSURANCE INSTITUTE OF NIGERIA D01 – INSURANCE PRACTICE AND REGULATION INSTRUCTIONS TO CANDIDATES Three (3) hours are allowed for this paper which contains 20 compulsory questions and carries a total of 200 marks. Where a question is split into parts (a), (b) etc, marks for each part are only shown if they are split unevenly between the parts and you should spend your time in accordance with the allocation. Answer each question on a new page. If a question has more than one part, leave several lines blank after each part. It is important to show each step in any calculation, even if you have used a calculator. You may find it helpful in some places to make rough notes in the answer booklet, if you do this, you should cross through these notes before you hand in the booklet. D01 – INSURANCE PRACTICE AND REGULATION 1. Outline the importance of Cover Note and Certificate of Insurance in Motor Insurance Contract. (10 marks) Solution 1 Cover note and certificate of Insurance are issued to motor policyholder in accordance with the Road Traffic Act, 1988 section 143 which stipulate that any person who put his vehicle on road should have a valid third party or Act only policy to take care of his legal liability to third parties property damage or bodily injury/death. - Cover note is issued as temporary cover for 15days or 30days in motor insurance contract, while certificate of insurance is issued for 12 months from the inception date. The importance of Cover Note and Certificate of Insurance are: - Both serve as evidence that the insurance is in force in accordance with the provision of the law Where the policy document is not issued, this holds as basis of the contract they show the period of insurance cover they show the type of cover granted to the insured and show the limitation of use i.e. geographical limitation. 2. Illustrate with example the structure of Nigeria Insurance market. (10 marks) Solution 2 The structure of Nigeria Insurance market comprises a) b) c) d) The Buyers (insured) includes public sector (i.e. Government/parastatals), commerce, industry, financial institutions, manufacturing, multinational, Telecommunication etc. The intermediaries are mainly agents and Insurance Brokers. The insurers: life companies, general companies, composite companies, and Reinsurers and Actuarist. Insurance Superintendent, and Loss Adjusters. 3. Outline the main factors that are considered in calculating premium in Life and General insurance contract. (10 marks) Solution 3 The main factors in calculating premium in both life and general insurance are: provision for expected claims (IBNR) i.e. Incurred But Not Reported Provision for operational expenses or overhead expenses e.g. staff salary, commission, Management expenses etc. Provision for Profit margin Provision for General inflation Provision for interest Rate and Exchange rates Mortality rates/age next birthday Competitiveness of the Market. 4. Compare the claim procedure in general insurance and life Insurance Contract. (10 marks) Solution 4: Claim Procedure/Processes in Life Assurance are as follows: Maturity Claim: The Insurer is obliged to notify the insured two or three months in advance before the maturity date of the life Assurance policy. Death Claim: Notification to Insurer by the deceased family or executor’s Proof of death is also required by the Insurer e.g. death and burial certificate. Assignment of proceeds of death benefits usually involves the court e.g. probate registry obtaining letter of Administration from probate Registry. Claim Notification/processes in Non-Life Insurance Immediate Notification by the Insured to Insurer Police report in case of Burglary/Theft Claim or Fatal motor accident as well as issues affecting the third party. No Admission of liability, except with the written or express permission of insurer Right of Action: The insured must assist the Insurer in exercise of subrogation rights against any negligent third party responsible for the loss. Claims supporting documents e.g. details/particulars of loss. Proof of loss is also imperative. 5(a) Outline the main information contained in the schedule of a Standard Fire and Special perils policy. (6 marks) (b) Explain the general features of renewal procedure in Non-life Contract. (4 marks) Solution 5 Standard Fire and Special peril policy schedule contained the following information Policy Number The Insured Name and Address The Insured occupation Scope of Cover The sum insured/value at Risk Period of Cover Annual Premium Description of property insured Clauses and warranty/extension of cover Declaration/signature (b) - - 6. Offer to renew (Renewal Notice should be sent to the insured by the Insurer before the renewal date. Renewal Notice is not obligatory on the part of the Insurer, and the Insured is also not compelled to renew unless Long Term Agreement Clause is incorporated. If the insured accept to renew, the value of the property insured can be reduced or increase at renewal. Renewal procedure is completed, once the insured pay the renewal premium due to the Insurer, and renewal endorsement issued to confirm cover. A manufacturing company insure its Plant and Machinery valued at N1,850,000:00 five year ago. The machinery was completely destroyed by fire, and if the replacement cost as the time of loss is N2,500,000.00, and the life span of the machinery is 10 years. Briefly explain how Insurer would settle the claim (a) On Indemnity basis (5 marks) (b) Reinstatement value basis Solution 6 (a) Sum Insured: Value of the time of loss: (5 marks) N1,850,000:00 N2,500,000:00 The Insurer will settle the claim on Indemnity basis based on the sum insured and Average will apply because the sum insured is less than the value at machinery at the time of loss. The insurer will penalize the insured for under-insurance. (b) Reinstatement Value basis: The Insurer will not settle the claim based on the full value of the machinery as the sum insured less than value at the time of reinstatement (at less than 85% of the full value) at the time of loss. 7. Explain the main factors that limit amounts to be paid at the time of settlement of claim in General Insurance. (10 marks) Solution 7 Excess – this is the amount which the insured bears for each and every loss. Franchise – Like excess once the loss is below the franchise amount, the insurer will not pay the loss. Deductible – this is a large excess voluntarily assumed accepted by the insured for a premium discount. Average – this is the penalty for underinsurance. Two condition of Average – a form of average where the insured item is covered by double insurance where one policy a general one while the other is more specific. Adequacy/Nature of Cover – if the cover is not adequate, e.g. the sum insured is below the value at the time of the loss, the insured cannot get indemnity. 8(a) Explain the scope of cover under Fidelity Guarantee Insurance. (6 marks) (b) Mention the basic exclusions under Fidelity Guarantee Policy. (4 marks) Solution 8 Fidelity Guarantee Insurance provides cover against the dishonesty or infidelity of an insured employee which resulted in loss or damage to the insured. The policy can be issued on a named or unnamed basis or issued on per capital basis. The policy is issued on annual basis, and can be extended to cover loss as a result of error or mistake. (b) - Exclusions: Loss or damage as a result of connivance, error or omission Loss of damage which are covered under a more specific policy Loss or damage which are specifically excluded from the policy, or caused as a result of fortuitous event. 9 (a) (b) Explain the terms Adjustable Premium. Premium Reserve (4 marks) (6 marks) Solution 9 (a) Adjustable premium is premium which is calculated based on estimates e.g. under declaration policy where the limited premium paid is adjusted upward or downward, after the insured submitted full declaration at the end of the year e.g. marine or stock declaration policy (b) Premium Reserve: In certain cases, the premium basis may not be known at inception and therefore the insurer will offer to the proposer pending when the actual risk details is provided. 10. Define the following Reinsurance Terms: (i) Quota Share (ii) Surplus Share (iii) Excess of Loss (iv) Excess of Loss Ratio (stop loss) (v) Retention Limits (10 marks) Solution 10 Quota Share: This is a proportional treaty arrangement between the ceding Company and Reinsurer where the primary insurer cedes a certain percentage of the risk accepted which is above its capacity to the reinsurer e.g. 70/30% Surplus share: This is a proportional arrangement where the primary insurer cedes an amount which is over and above its retention limit to the reinsurer and the reinsurer is oblige to accept it. The retention of the insurer is called a Line and the reinsurer takes a multiple of lines. Excess of Loss: This is non-proportional treaty arrangement where the ceding company pays the first x naira of losses arising from an event, and the reinsurer pays y naira in excess of x naira arising out of an event. This arrangement is usually on claim basis and it is written in layers. Excess of Loss Ration (Stop loss) Non proportional treaty arrangement which provide reinsurer cover for an entire portfolio of risk, rather than for individual losses i.e. when the loss ratio for a type of business exceeds a particular figure, the reinsurer agrees to pay and the loss ratio is claims expressed as percentage of premium. Retain Limits This is the amount of risk, a primary underwriter retain before ceding the balance to the reinsurer i.e. in surplus reinsurance where a Line equal Retention Limit. 11. Discuss the concept of Risk Management as it relates to operational risk of an Insurance organization. (10 marks) Solution 11 Risk Management Concept involves the assessment of Risk, determination of the level of risk exposures, minimize the risk of loss and also reduce the extent of loss, and finally risk prevention and elimination i.e. Risk identification, Evaluation, Financing and control. An Insurance organization set up a department called Enterprise Risk Management (ERM), and the responsibility of this department is to assess general risk exposure of the company in carrying out its operations for instance to appraise the risk and determine the level of exposure of the company in the overall interest of the company to declare underwriting profit and reduce the operational risk of the organization 12. Compare the scope of cover granted by Engineering policy and Business Interruption policy. (10 marks) Solution 12 Engineering Insurance provide compensation to the insured in the event of insured plant and machinery being damaged by some special perils or the plant and machinery breakdown due to unforeseen circumstances. Engineering Insurance required a compulsory Inspection before cover is granted. The scope of cover granted by Engineering Insurance is summarized as follows: - Damage to or breakdown of specific items of plant and machinery Cost of repairs or damage to surrounding property Legal liability for injury caused as a result of breakdown of plant and machinery Legal Liability for damage caused to adjourning property, However loss of profit Insurance covers loss of profit resulting from damage to physical property by fire and special peril risk, and this loss not directly related to physical damage but connected to additional costs incurred during the repairs, period and maintenance of plant, and machinery are covered under consequential loss. The basic headings are: (a) Cost of overhead expenses (b) Loss of Profits as a result of damage to physical property (c) Increased in cost of running the business (Temporary accommodation while the property is being repaired. 13. Discuss the function of Loss Adjuster and Risk Control Surveyor in handling Non-life Insurance Claim. (10 marks) Solution 13 Loss Adjuster Loss Adjusters are independent claim investigation experts appointed by the insurers to investigate, adjust and make final recommendation to insurers in order to determine the insurer liability as regard general insurance claims. - The loss Adjuster will check if the policy is in force at the time of loss, and whether cover is adequate or not. Also, they will check if the peril that caused the loss is covered under the policy, and if all the policy clauses and warranty are fully complied with and adhere to. They also ensure that premium was paid before the loss. - The loss adjuster after investigating a loss prepares a preliminary report in case of large claim and subsequently forwards a final report to the underwriter for consideration. Risk Control Surveyor The surveyor will prepare a report for the underwriter and in the case of many property risks, will also draw a plan. The report will cover a number of features, including the following: A full description of the risk. An assessment of the Level of risk A measure of the maximum probable loss (MPL) 14. Define the following terms: (i) Average (ii) Excess (iii) Franchise (iv) Deductible (v) Two condition of Average (10 marks) Solution 14 Average: This is the penalty for under insurance. The insured is made to contribute for the cause of the loss. Excess: Where the insured bear the first part of a loss e.g. if the excess is N1,000 and the loss is N10,000.00, the insurer pay N9,000 and insured bears N1,000. Franchise: Is the amount which the insured bears for a loss provided it is not more than the franchise amount. Where the loss is more than the franchise amount the insurer will pay for all the loss. Deductible: This is a large excess voluntarily assumed by the insured for a reduction in the premium he will pay for an insurance cover. Two Condition of Average: A form of average where the insured item is covered by double insurance where one policy a general one while the other is more specific. 15. Briefly explain what you understand by the term Co-reinsurance. (10 marks) Solution 15 This operates where two or more insurance companies as a result of the complex nature of the risks, e.g. Oil and Gas risk, Aviation risk, decides to do risk scheduling i.e. share the risk in agreed ratable proportion depending on the size of the risk, many insurance could be involved. Premium due on it is equally ratably apportioned. 16. Enumerate the importance of Insurable interest in the contract of Insurance. (10 marks) Solution 16 Insurable interest is legally recognized relationship between the insured and the loss e.g. the ownership of the property, and the importance of insurable interest is very critical to Insurance contract, Hence any insurance contract without insurable interest is unenforceable at law. The main importance is that it prevents those without insurable interest in a risk from buying insurance cover thereby preventing fraud that could have arisen from such form of transaction. 17. Outline the major features of Life Assurance Contract. (10 marks) Solution 17 Life Assurance contract is permanent policy The occurrence of a claim would definitely occur either through death or maturity. Premium calculation is derived from mortality table and premium paid is mostly level throughout the duration Life Assurance policy can be cash-surrendered i.e. it has surrender value - 18. Insurable interest must exist in life assurance contract Participation in profits: After valuation of Assets and liabilities, any surplus existing would be distributed to policyholder inform of profits, and this is usually applicable to with-profits endowment policy. Paid-up policies: Alternative to surrender value a lower sum assured is paid at maturity. Compare the scope of cover granted under Group Life Assurance and Group Personal Accident Cover. (10 marks) Solution 18 Group Life Assurance policy is usually effected by the employer for the benefit of his employer who may die while in service or during the course of employment, while the Group Personal Accident policy could be effected by employer, or society to cover members against accidental deaths or bodily injury occurring anywhere in Nigeria, whether at work or outside work. - Group Life covers death resulting from Natural cause, while Group Personal Accident covers death resulting from accidental cause. - Group Life is underwritten by life office, while Group Personal Accident is underwritten by Non-Life office. 19(a) Differentiate between Self-Insurance and Captive Insurance. (6 marks) (b) (4 marks) Explain how Subrogation is a Corollary of Indemnity. Solution 19 (a) Self Insurance is a situation where an organization set aside funds to mitigate or settle any losses that may arise from its operation while captive Insurance is when an organization set-up a subsidiary or affiliate company to insurer the assets of the parent company. (b) Subrogation is a corollary of indemnity, because under common law, when an Insurer indemnifies an Insured, it is permitted to take over the rights of the Insured to recover any amount payable from other parties who might be liable for the loss. The essence is to ensure that the Insured claim from both the insurer and tortfessor and thereby making a profit from his loss. 20. Outline the major regulatory functions performed by NAICOM. (10 marks) Solution 20 Regulatory function performed by NAICOM They process and approved application for registration by new Insurance Company and issue operating license to new company. They ensure that Insurance companies meet the solvency margin requirement as stipulated in NAICOM Act, 2003 They carried out periodic inspection of insurance company operation and activity. They ensure that insurance company comply with the periodic valuation of Assets requirement to determine any surplus in their funds or insolvency They ensure that all Insurance company remits the 1% Insurance supervisory levy to the Commission as stipulated in the Act. They ensure that companies meet the requirement for sending Annual Returns for approval in line with IFRS etc. Protect the policyholder interest in the area of claims disputes, and delay in claim settlement Grant renewal approval the operation licence of Insurance companies D04 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D04 BUSINESS PRACTICE Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D04 CHARTERED INSURANCE INSTITUTE OF NIGERIA D04 – BUSINESS PRACTICE INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper which contains 20 compulsory questions and carries a total of 200 marks. Where a question is split into parts (a), (b) etc, marks for each part are only shown if they are split unevenly between the parts and you should spend your time in accordance with the allocation. Answer each question on a new page. If a question has more than one part, leave several lines blank after each part. It is important to show each step in any calculation, even if you have used a calculator. You may find it helpful in some places to make rough notes in the answer booklet, if you do this, you should cross through these notes before you hand in the booklet. D04 – BUSINESS PRACTICE 1(a)i. What do you understand by the term bartering? (3 marks) (a)ii. What is the major problem associated with bartering? How can it be overcome? (4 marks) (b) List the three (3) most important areas in the development of business regulation. (3 marks) Solution 1 a(i) Bartering is the exchange of one set of goods or services for another. Each type of goods or services has a value that can be measured in terms of the other. (3 marks) (ii) The main problem of bartering is that it relies on the so-called double coincidence of barter; each party in a barter transaction must want what the other party has. (3 marks) This problem would be overcome by the use money. (1 mark) b. The three most important areas in the development of business regulation are: 1. 2. 3. Laws governing contracts; Laws governing property rights; Incorporation of companies 1 mark each = 1 x 3 (3 marks) 2(a) Explain what you understand by an organization’s vision statement. Give one (1) example. (4 marks) (b) List six (6) principal functions of a business. (6 marks) Solution 2 (a) A vision statement is a description of where an organization wants to be at a stated time in the future. It may deal with issues of future ownership, broad financial performance goals, future markets where the organization wants to operate. Explanation – 3 examples = (4 marks) (b) Principal functions of a business are: 1. 2. 3. 4. 5. 6. Innovation or Research and Development Production Marketing Human Resources Management Finance and Accounting Compliance with regulations 1 mark each for 6 points = 1 x 6 = (6 marks) 3. Outline the main characteristics of matrix culture. (10 marks) Solution 3 The main characteristics of matrix culture are: (1) (2) (3) (4) (5) (6) Resource allocation and goal-setting decisions are made bureaucratically Operational decisions are made on a project group basis. Specialist staff are used across the whole organization The organization relies on a team system There is a cross-disciplinary approach A more stimulating work environment is provided for individual workers 4. List the three (3) levels of information and discuss each of them. (10 marks) Solution 4 The three levels of information are: 1. Strategic Information: is used by senior managers to plan the objectives of their organization and to assess whether the objectives are being met in practice. Such information includes: overall profitability, the profitability of different segments of the business, future market prospects, the availability and cost of raising new funds, total cash needs, total meaning levels and capital needs. Strategic information will be used for the management decision making described as strategic planning. (4 marks) 2. Tactical Information: This is used by middle management to ensure that resources of the business are employed to achieve the strategic objectives of the organization. Such information includes productivity control or variance analysis reports and cash flow forecasts, manning levels and profit results within a particular department of the organization. A large proportion of this information will be generated from within the organization and is likely to have an accounting emphasis. It is usually prepared regularly and it is used for the decision making referred to as management control. (4 marks) 3. Operational Information: is used by front-line managers such as supervisors to ensure that specific tasks are planned and carried out properly and effectively. (2 marks) 5(a) List the three (3) statutory functions of the Corporate Affairs Commission (CAC). (3 marks) State three (3) statutory registers to be maintained by a Company’s Secretary. (3 marks) List the four (4) components of an Annual Account. (4 marks) (b) (c) Solution 5 (a) The three statutory functions of the CAC are: i. To incorporate and dissolve companies ii. to examine and hold documents under the companies net and related legislation and iii. to make this (i) and (ii) above information available to the public 1 mark each = 1 x 3 = (3 marks) (b) i. ii. iii. iv. v. Statutory registers are: register of members register of directors and secretaries register of directors’ interest register of charges register of interests in shares (for public companies) 1 mark each for any 3 points = 1 x 3 = (3 marks) (c) i. ii. iii. iv. Components of annual accounts include: a profit and loss account a balance sheet signed by a director an auditor’s report signed by the auditor a director’s report signed by a director or the company secretary 1 marks each = 1 x 4 = (4 marks) 6. (a) (b) (c) Distinguish between: budgeting and forecasting; ‘bottom-up’ and ‘top-down’ budgeting; and ‘financial accounting’ and ‘management accounting’ (3 marks) (3 marks) (4 marks) Solution 6 (i) Budgeting is usually concerned with relatively short periods of time, up to year, whereas forecasting looks forward to around three years or longer. (3 marks) (ii) ‘Bottom-up’ budgeting indicates that more initiatives in the process comes from individuals and departments in the formulation of an agreed budget whereas ‘Top-down’ budgeting denotes that the main outlines and decisions are made by the executive. (3 marks) (iii) Financial accounting is essentially backward looking and the financial accounts produced are presented for external use i.e. to inform the stakeholders how well the company has been run over the last accounting period. (2 marks) Whereas management accounting looks at present financial performance and projects forward to the future to enable managers make sound decisions relating to the business. It is for internal use only. 7. (a) (b) (c) (d) (e) Why are the following interested in a company’s financial information? Directors and Managers (2 marks) Public (2 marks) Competitors (2 marks) Brokers (2 marks) Customers (2 marks) Give two (2) reasons for each of them. Solution 7 (i) Directors and managers: have overall responsibility for managing the business. Its members may need to know whether or not the organization has been making the best use of its resources. In addition, they may want to know whether there has enough money to expend its operations, whether some parts of the business are more successful than others, and whether the company has behaved as a responsible part of the community. (2 marks) (ii) Public: the public includes people who may be potential investors or shareholders in the organization, pressure groups that may want to monitor aspects of the organization’s activities, and people who might be considering applying to work for the organization. (2 marks) (iii) Competitors: An organization’s competitors can use financial information about it to help them understand its strengths and weaknesses readily. (2 marks) (iv) Brokers: From an insurance point of view, business will want to know whether companies they deal with are financially strong. (2 marks) (v) Customers: potential and existing customers of insurance companies want to know that they are insured with a reputable organization that is able to pay its claims in the event of a loss. 8. Outline the new skills that Managers must possess to fit into the new changing working patterns. Solution 8 The new skills include: 1. Earning the respect of subordinates and colleagues: in line with a gradual move towards democratization, a manager is more likely to be answerable to their subordinate now than the past. This means that there a much emphasis today on earning the respect of colleagues by developing interpersonal skills and empathy with other staff. (2 ½ marks) 2. Focusing on customers: The way in which organizations now have to regard the customer means that managers must be aware of the impact of their decisions have on existing and potential client-bases. Successful business managers acknowledge that their management policies must now be customer focused, and that they have to act on feedback from their clients and customer is essential. (2 ½ marks) 3. Multi-tasking: Managers need to be able to carry out administrative functions quickly and easily themselves. Added to this, managers today need to know the fundamental concepts behind information technology (IT), finance, accounting, human resources and sales and marketing, in addition to having a deeper knowledge of their own specialized areas. (2 ½ marks) 4. Mobility and global outlook: many organizations trade internationally or with regional trading partners and managers are expected to be able to travel and conduct business in different economic, cultural and financial environments. Also in an increasingly deregulated commercial world, it is important for managers to be able to identify the advantages of operating in other countries, and ways of entering new markets. (2 ½ marks) 9(a) Explain the concept of Human Resources as a business component. (5 marks) Explain the five ‘C’s of decision making. (5 marks) (b) Solution 9 (a) Human Resources are made up of the people who work for the organization on a permanent, temporary, full-time or part-time basis and those who work directly or indirectly for the company in an outsourced capacity. The management of people has become an increasingly important management skill. (b) 1. Five ‘C’s of decision making are; Consider: the preparation stage at which the problem is considered 2. Consultant: the stage at which initiatives are taken to involve those affected 3. Crunch: the need to ensure that something is done 4. Communicate: the stage at which what has been decided and why, is explained to staff. 5. Check: the need to go back and monitor the results of the decision 1 mark each = 1 x 5 = (5 marks) 10(a) Itemize six (6) main components of managing an Organization that are affected by its structure. (6 marks) (b) List two (2) main activities of WTO. (4 marks) Solution 10 (a) The six main components affected by our organization’s structure are: 1. Ease of internal communication 2. Individual freedom to make decisions 3. Promotion of innovations 4. Degree of staff specialization 5. Ability to grow 6. Flexibility in the face of change 1 mark each = 1 x 6 = (6 marks) (b) Four main activities of WTO are: 1. Establishment of rules which govern trading behavior between nation states; 2. Attempts to liberalize trade through tariff and quota reduction; 3. Offering a legal framework and a court for settlement of disputes 4. 11. Monitoring trade agreements and government policies, especially those that may contravene the WTO objective of the liberalization. 1 mark each = 1 x 4 (4 marks) With the use of a diagram distinguish between a vertical and flat management structure. (10 marks) Solution 11 A vertical management structure Chief Executive Officer (CEO) Deputy CEO Senior Manager Manager Junior Manager (2 marks) Assistant In vertical management structure there is a clear demarcation of the authority to take decisions, with authority increasing as position claims higher up the ladder. In vertical structured organization, even routine decisions may need to be approved by more senior manager. (3 marks) A flat management structure CEO Operators Director Finance Director Personal Director Marketing Director (2 marks) In a flat structure, decision making authority is delegated evenly across a broad range of managers and there is less need to refer routine management decisions to move senior managers as shown overleaf. (3 marks) 12. Outline ten (10) statutory rights that cannot be signed away by the employer or employee in a contract of employment. (10 marks) Question 12 The statutory rights that cannot be signed away by the employer or employee are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. equal pay with members of the opposite sex providing it is likework or equal value. maternity and paternity aspects and benefits Parental leave an itemized pay statement Not to have any unlawful deductions from an employee’s pay be paid when an employee is laid off redundancy pay (subject to service conditions) part time/contract workers to be treated in the same manner as full time employees statutory sick pay paid time off for certain duties belong or not belong to a trade union a safe system of work not to be unfairly dismissed not to be discriminated against on grounds of race, sex, marriage or disability employee access to their personal data held by the employer. 1 mark each for any 15points = (10 points) 13(a) Explain the term ‘accounting equation’. (b) Define the following terms: (i) Solvency margin (ii) Tangible Assets (iii) Depreciation (2 marks) (2 marks) (2 marks) Solution 13 (a) Accounting equation: This is the relationship between the things owned by a business (its) assets) and the funds which were used to buy them is expressed by the accounting equation: Assets Capital = = Capital – Liabilities or Assets + Liabilities (4 marks) (b)i Solvency margin is a strange indication of an insurance company’s strength and reserves, the protection afforded to conditions, and ultimately, its ability to pay claims to its customer. (2 marks) ii Depreciation: is the writing-down of the value of an asset over a period of time in the organization’s balance sheet, to reflect the cost of its use. (2 marks) iii. Tangible Asset: is one that is physical i.e. can be touched such as cash, land, buildings, machinery or investments. Some tangible assets especially machinery and equipment lose their value as time goes by. (2 marks) 14(a) List five (5) tasks that are commonly addressed by Public Relation. (5 marks) (b) Itemize five (5) areas that a market planning should incorporate. (5 marks) Solution 14 (a) The tasks mostly common addressed by PR are: 1. 2. 3. 4. 5. 6. (b) motivating the organisation’s workforce by fostering pride in its public face. handling a specific problem or issue building or maintaining the corporate image influencing particular audiences or market segment supporting other communication activities e.g. an advertising campaign assisting in the launch of a new product or service 1 mark for any 5 points = (5 marks) Market planning will incorporate 1. 2. 3. 4. 5. 6. 7. allocation of responsibilities sales targets by area, outlet budgets timescales delivery and availability of the goods or services according to the ‘launch date’ feedback on progress of sales in relation to the target. arrangements for receiving and responding to customers’ complaints, and ‘returns’ or replacement policy. 1 mark for any 5 points = 1 x 5 = 5 marks 15(a) Define Marketing. (b) Explain what is meant by a ‘Market Segment’. (4 marks) (6 marks) Solution 15 (a) Marketing is a series of management processed based on a person or organisation’s interaction with, and understanding of, existing and potential customers, so as to provide them with what they need and want. (4 marks) (b) A market segment is a group of people with relatively uniform demands and needs compared with the rest of the market. Each segment contains people who are similar in their needs and wants, and in the product benefits they seek. Each segment seeks a different set of benefits from the same product category, and some segments may be broken down further into sub-segments. (6 marks) 16. Explain with example the five (5) methods of training. (10 marks) Solution 16 Methods of training are: 1. On the job: is the training actually conducted at the workplace e.g. showing someone how to do a task and then supervising them until they are proficient. (2 marks) 2. Off the job: is training conducted away from the workplace e.g. classroom training, internal company houses or workshops and external courses that are carried out away from workplace. (2 marks) 3. Open learning: is a structured self-training approach utilizing training materials and books. It has the benefit that the trainee can work on the training whenever they want to, either inside the workplace or outside - at home. (2 marks) 4. Computer Based Training (CBT) involves the use of PC computers with CD-ROMS with prepared training programmes i.e. e-learning. (2 marks) 5. Professional certificates or Diplomas e.g. CIIN examinations. These examinations are a learning experience and cover a number of topics that are important to developing competence in the profession concerned. ( 2 marks) 17. (a) (b) (c) (d) Explain the following cultures as identified by Handy: The Power Culture The Role Culture The Task Culture The People Culture (2 ½ marks) (2 ½ marks) (2 ½ marks) (2 ½ marks) Solution 17 1. The Power culture-information is kept at the centre and people outside the centre are played off against each other. Such a culture tends to win/lose fights and power struggles, but it is often held together by a charismatic leader in the centre. (2 ½ marks) 2. The Role Culture: This is essentially a bureaucratic model in which organizational values and procedures are highly certified. Everyone knows their place and there are tough sanctions should they step out of line. (2 ½ marks) 3. The task culture: In this culture there is extensive use of transient project teams. People are respected for their energy and contribution rather than their status. (2 ½ marks) 4. The people culture: The individual is the focus in this organization which can appear anarchic. This culture is common in ‘start-up’ situations but can lead to excessive conflict in an established business. (2 ½ marks) 18. Identify eight (8) signs of a poorly motivated workforce. (10 marks) Solution 18 Signs of a poorly motivated workforce include: 1. 2. 3. 4. 5. 6. 7. 8. 9. abnormally high turnover of personal; loss productivity; absenteeism Poor quality of work; persistent lateness; ‘couldn’t care less’ attitude to work; fixed ideas and excessive resistance to change; lack of acceptance of responsibility; a plethora if petty complaints and grievances with little or no foundation 1 ¼ for any 8 points = 1 ¼ x 8 = (10 marks) 19(a) Explain the stakeholders theory. (b) (5 marks) List five (5) actions that are needed by management to appreciate the stakeholders. (5 marks) Solution 19 (a) Stakeholders theory relates to the fact that as stakeholders exist and can apply considerable influences on a company, management will have a key task of having to balance the requirements of the various stakeholder groups. They will need to develop good relations with the groups, create audiences, and use persuasion and influencing skills to ensure stakeholders’ needs are as near as possible met. (5 marks) (b) Actions by arrangement to appreciate stakeholders include: 1. 2. identify the business’s stakeholders, who they are: find out their expectations, the minimum return each stakeholder will accept; identify the strength of each stakeholder’s influence on the way the company acts; establish who the key people are in each stakeholder group and develop good relations with them identify the views and attitudes of the various stakeholders to the company’s mission, strategies, activities and where necessary involve any change; establish the stakeholders who support the management’s business policies and approval, and find out those who do not agree; find out how antagonistic stakeholders can be won over, use supporters to exert their influence on antagonists. 3. 4. 5. 6. 7. 20(a) Differentiate between ratio forecasting and synthetic forecasting. (4 marks) (b) Itemise six (6) problems that are associated with manpower planning. (6 marks) Solution 20 (a) Ratio forecasting – needs are calculated from a fixed relationship between manpower requirements and other factors (e.g. sales volumes, policies issued) while in synthetic forecasting needs are built up from forecasted output in terms of estimated work load (e.g. output expressed in terms of man hours). 2 marks each = 2 x 2 (4 marks) (b) Problems and limitations with manpower planning are: 1. 2. 3. 4. obtaining accurate forecast obtaining the information (and updating) rapid changes in the business environment legislation 5. 6. 7. 8. changes in the labour markets changes in the economy government policies difficulty in sustaining commitment 1 mark each for any 6 points = 1 x 6 = (6 marks) D05 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D05 INSURANCE LAW Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D05 CHARTERED INSURANCE INSTITUTE OF NIGERIA D05 – INSURANCE LAW INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper. You should answer all questions in Part 1 and two (2) out of the four (4) questions in Part II. The paper carries a total of 200 marks distributed as follows: Part I 140 marks. Part II 60 marks. You are advised to spend not more than two (2) hours on Part I. You are strongly advised to attempt ALL the required questions to score maximum possible marks. In attempting the questions, you may find it helpful in some places to make rough notes in the answer booklet. If you do this, you must cross through these notes before you hand in the booklet. Answer each question on a new page. If a question has more than one part leave several lines blank after each part. D05 PART I Answer ALL questions in Part I. Each question carries 10 marks. Note form is acceptable where this conveys all the necessary information. 1(a) (b) (c) Define Insurable Interest. (3 marks) Why does the law require insurable interest. (2 marks) Give at least 5 (five) examples of people who may have insurable interest in property. (5 marks) Solution 1 (a) Insurable interest is the legal right to insure arising out of a financial relationship recognized at law between the insured and the subject matter of insurance. It means the policy holder must be in a position where he will suffer if the risk he insured against were to occur. (b) i) ii) To reduce moral hazard To discourage wagering (c) i. ii. iii. iv. v. vi. vii. viii. Outright owners of property Part or joint owners Mortgagees and mortgagors Executors and trustees Landlord and tenant Bailees People living together Finders and people in possession 2. “It may be argued that no formality or any form of written documentation is required in the formation of an Insurance contract. In fact, an insurance cover may be given orally”. Give at least five (5) exceptional cases to this statement. (10 marks) Solution 2 i. Contract by deed ii. Insurance contracts which must be in writing iii. Insurance contracts which must be evidence in writing iv. Other insurance contracts where written documentation is required e.g. motor insurance v. Life insurance contracts. 3(a) (i) (ii) (b) In relation to material fact that needs to be disclosed, define briefly: Physical Hazard (2 marks) Moral Hazard (2 marks) Give at least three (3) examples of each. (6 marks) Solution 3 (a) i. Physical hazard This relates to facts bringing out adequate description of the subject matter of insurance usually contained in the proposal form and if no Form is used, in survey of the risk. ii. Moral hazard This relates to any feature of the subject matter of insurance e.g. nonstandard construction in the case of buildings which makes the risk worse than a normal risk of its class. (b) i. Physical Hazard Fire insurance – construction of the building and fire fighting equipment. Theft insurance – the nature of stock, its value and nature of security precautions Life insurance – age, previous medical history. ii. Moral hazard Identity of the insured Criminal acts Any other adverse insurance history Details of other policies currently in force 4.(a) Briefly explain the doctrine of Privity of Contract. (2 marks) (b) List the well established exceptions to the principle in the field of Insurance. (8 marks) Solution 4 (a) Privity of contract is a doctrine which restricts the rights and duties created by a contract to the persons who originally made it. For example, a contract between A and B cannot confer any legally enforceable benefit on a third party and cannot impose duties on the third party. Only a party to a contract can sue upon it; (b) i. ii. iii. iv. v. vi. vii. viii. 5. Agency Trusts The Road Traffic Act 1988, Section 148 (7) and 151 The Third Parties (Rights against Insurers) Act 1930 Law of Property Act 1923, Section 47 Fire Prevention (Metropolis) Act 1774, Section 83 Policies with “Additional Insureds” Noting the interest of third parties. With the aid of decided cases, briefly explain how ‘Mistake’ can void an Insurance Contract. (10 marks) Solution 5 In the ordinary way, mistake occurs where the contracting parties are working at cross purposes or labouring under mistaken belief about a particular state of affairs. The effect is to void the contract of the parties. Mistake will void insurance contract if it is fundamental and goes to the root of the contract. The following cases illustrated this principle. Strickland v Turner – a contract to purchase an annuity was void for mistake because the annuitant had died before the date of purchase. Scott v Coulson – a policy on the life of a person names Mr. A. Death was sold for 460 on the assumption that he was alive. In fact, Death was dead and the maturity value of 777 was far greater. The vendor succeeded in having the contract to sell the policy set aside. In Beach v Pearl Assurance, the parties worked at cross purposes. In the case the Proposer wished to insure the life of her mother, Mary Ellen Ince. The insurer agent thought it was meant for her grandmother, Mary Ellen Ince. The policy was issued in the name of Mary Ellen Ince but the details were appropriate and premium calculated on the basis of the grandmother’s age. Claim made upon the death of the mother was dismissed because no consensus ad idem between the parties. 6(a) (b) (c) (d) Give a simple definition of Subrogation. Why does the law allow subrogation? Will an Insurer who made an ex-gratia payment be entitled to Subrogation? In what three (3) ways can Subrogation arise? (2 marks) (2 marks) (1 mark) (3 marks) Solution 6 (a) The right of one person having indemnified another under a legal obligation to do so, to stand in the place of that other and avail himself of all the rights and remedies of that other, whether already enforced or not. (b) It is to prevent the insured from making a profit from their loss and achieve more than an indemnity. In case of double insurance, right to claim twice is denied. Loss is shared under the principle of contribution. (c) Where the insurer makes an ex-gratia payment, it is made merely as a favour, the insurer will not be able to subrogate against a third party. (d) In tort In contract Under statue 7. Under what circumstances may the operation of the doctrine of indemnity be extended? (10 marks) Solution 7 Cover or a reinstatement New for old cover Agreed value cover Partial losses under undervalued policies 8. (a) (b) What is the relevance of Insurance to the tort of: Trespass Nuisance (5 marks) (5 marks) Solution 8 (a) Trespass: Trespass is an unjustifiable interference by a person with the person, land and goods of another. The interference must be direct, intentionally and actionable per se. Trespass is also referred to as an intentional tort. No liability flows from it unless there is an intention. Insurance, unlike the tort of trespass deals with fortuitous losses-accidental losses. An action that is self-willed will not be remedied by insurance. However, there are some insurance policies that cover risk of trespass to person and goods e.g. public liability policies issued to contractors which cover risk to property of third parties. Nothwithstanding, such policies do not cover damage that is deliberately caused. (b) Nuisance An unjustifiable interference with a person’s right of enjoyment of his land, or an act that is likely or actually causes inconvenience or annoyance to the public or a section of the public and an interference with a right common to all. Nuisance is not of much relevance to insurance. Majority of liability insurance claims are founded on negligence and not nuisance. However, work done by builders and other contractors can sometimes cause damage to adjoining property that leads to claims in nuisance. See GOLD v PATMAN & FORTHERINGHAM. This case led to the development of a new insurance policy called 21 2.1 Cover to protect people who employ contractors from claims by owners that is nearby purportedly damaged as a result of work. Save for this, nuisance is not that relevant to insurance. Insurance policy will respond to concrete claim or injury, noxious smell, noise which are not concrete damage. 9(a) In relation to the Law of Contract, define an ‘offer’. (2 marks) (b) “An offer does not remain open indefinitely”. List at least, four (4) circumstances in which an offer may end. (8 marks) Solution 9 (a) An offer in law of contract is a definite expression of intention by a party called the offeror to do something for another called the offeree and to be bound by it. (b) i. ii. iii. iv. v. A time limit or a reasonable time Death of either offeror or offeree Acceptance Revocation of the offer Rejection or counter offer 10a. (i) (ii) (iii) (iv) Explain each of the following terms and phrases: Deductible Franchise A Valued Policy Betterment b. Distinguish between an Excess and a Franchise. (2 marks) (2 marks) (2 marks) (2 marks) (2 marks) Solution 10 (i) Excess or Deductible This is usually inserted in an insurance policy as a clause and it usually provides that the insured must bear the first amount of any loss expressed either as a sum of money or a percentage of the loss. It may be aggregate excess which applies not to individual losses in any one period of insurance. The effect of an excess is to relieve insurers of having to deal with small losses (where handling costs are likely to be high in relation to the amount claimed) and to reduce the size of every claim payment which is made. On the long run, the overall cost of insurance which benefits both insurer and insured. Excess may either be compulsory or requested by the insured in order to gain a reduction in premium. (ii) Franchise Similar to excess in that there is no liability for any loss which is less than the franchise figure. Once franchise is exceeded, the loss becomes payable in full. It is not as common as excess. (iii) Valued Policy: This type of Policy modifies the operation of the principle of indemnity. Parties to this policy agree that in the event of a loss, a particular sum, fixed at the onset of the insurance will be paid, regardless of the actual value of the property at the time. Usually, claim under a policy of indemnity is unliquidated whereas a claim under a valued policy is liquidated. (iv) (b) Betterment: This relates to property insurance. It is an improvement that increases the value of real property especially an enhancement that goes beyond repair or restitution to a former condition. Betterment may result from covers for reinstatement and ‘New for Old’. Distinguish between Excess and Franchise Franchise is not so common because it tends to introduce an element of moral hazard. For example, if an insured a loss of N9, 500.00 and the policy is subject to a N10,000 franchise, they might be tempted to inflate the loss to say N10,500 in order to be paid in full. Whereas if the policy was subject to a N10,000 excess, there would be little or no point in taking the risk of doing so as he will recover no more than N500. 11(a) Define Equity. (2 marks) (b) Give three (3) examples of legal principles of remedies derived from Equity. (6 marks) (c) Briefly explain how Equity serves as a source of law. (2 marks) Solution 11 (a) Equity is a collection of rules which were developed to remedy some of the shortcomings of the common law. (b) Law of Trusts Specific Performances Injunctions (c) Equity serves as a source of law in the sense that it is regarded as the other side of the common law. The two exist side by side. Our courts are both courts of Law and Equity. Both common Law and Equity were both received together as part of English law which Nigeria has been operating for over a century. 12(a) (b) (i) (ii) (iii) Who is a Minor in Law? Explain the nature of his rights with regard to: Law of tort Property law Criminal law (1 mark) (3 marks) (3 marks) (4 marks) Solution 12 (a) A minor in law or an infant is a person under the age of 18 years. (b) i. Law of tort He is fully responsible for his actions. He can be liable in tort as an adult. He cannot be sued directly but through his Guardian ad litem. ii. Property law He can own personal property e.g. clothing, books, sport equipment or a car, but may not own legal estate in land. He can own a house outright but his interest is beneficial only. iii. Criminal Law For the purpose of this, minor is categorized: Over age 14 - Full criminal responsibility attaches to a minor Ages 10 – 14 – There is a rebuttable presumption that minor is incapable of criminal intent. Ages 1 – 10 – There is a rebuttable presumption that minor is incapable of committing crime. 13(a) What advantages does incorporation confer on a company registered under the Companies and Allied Matters Act? (6 marks) (b) List the types of companies that may be formed under the Companies And Allied Matters Act. (4 marks) Solution 13 (a) Separate legal personality Limited liability Perpetual existence Access to greater capital Company must not act ultra vires. (b) Public limited companies Private limited companies, and these may be: o Companies limited by shares o Companies limited by guarantee o Unlimited companies 14(a) Define Negligence. (2 marks) (b) What are its major components. (3 marks) (c) List at least five (5) defences in law against the tort. (5 marks) Solution 14 (a) The omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something a prudent and reasonable man would not do. (b) Duty of car owed by the defendant to the claimant A breach of that duty by the defendant Damage suffered by the claimant as a result of the breach. (c) Self defence Necessity Act of God Volenti non fit injuria Contributory negligence Part II Answer Two (2) out of the following Four (4) questions. Each question carries 30 marks. 15. Discuss, with relevant examples and decided cases where applicable, the application of the doctrine of Insurable Interest with respect to the following: (a) (b) (c) (d) Business Relationships Insurance of Profits Liability Insurance People with limited interest in Property (10 marks) (5 marks) (5 marks) (10 marks) Solution 15 (a) Business Relationships: i. Partnership – each partner has insurable interest in the life of the other. ii. Employer and employee – Employer can insure the life of his employee to the extent of the employee’s salary. This principle applies to personal contract. iii. Creditor and debtor – a creditor has insurable interest in the life of his debtor. But a debtor has no corresponding interest in the life of his creditor. See HEBDON v WEST. (b) Insurance of Profits: An example is business interruption insurance and it covers ‘profit’ which is lost following damage to the insured’s property e.g. factory buildings, machinery and other goods. This is not a mere expectancy but a policy founded on a legal right of ownership of the property and this gives insurable interest. See BARCLAY V COUSINS. (c) Examples are part owner of property, mortgagees. Their interest is limited to the extent of the value of their share in the property and the amount of the loan, respectively. A person with limited interest in property may insure the property for its full value. But he cannot keep the whole of the insurance money. The maximum he can get from it is the value corresponding to his interest. He will hold the balance on trust for the other person(s) who has interest. So also is a Bailee. See WATERS V MONARCH FIRE AND LIFE INSURANCE COY. 16(a) Identify the two (2) categories of principles of interpretation which the courts use to interpret the words in policy documents when resolving disputes arising out of Insurance contracts. (b) Outline the common Law rules of interpretation of the words in Insurance policy documents. (10 marks) (c) Explain with the aid of decided cases, the following: (i) How ambiguities in an Insurance policy may be resolved by the court. (10 marks) (ii) How inconsistencies and contradictions in the policy document may be resolved by the court. (6 marks) Solution 16 (a) i. Statutory Rules ii. Common Law Rules (b) i. Ordinary Meaning ii. Technical or Legal Meaning iii. Contextual Meaning iv. The Contra Profertem Rule (c) i. Words used in a policy may have two or more possible meanings which either the insured or the insurer may differently hold on to. When this happens, the court may adopt the contra profertem rule to resolve the logjam. The rule states that any ambiguity in any word of a Policy will be construed against the party that inserts it or who wants to take advantage of it. In this case, it is the insurer being the drafter of the policy. It will be the reinsured in a reinsurance contract. See HOUGHTON V TRAFALGAL INS. COY. For a successful operation of the rule, there must be genuine ambiguity i.e. there must be alternative construction that is reasonable rather that one which is grammatically possible but farfetched in reality. ii. Inconsistencies and contradictions may also occur in an insurance policy so that one part of the document appear to conflict with another. The courts have developed the ways out as follows: where printed words conflict with words that are handwritten or typed, the latter takes precedence since it is assumed that the parties intended to adopt a standard form to meet the needs of their particular case. An endorsement is likely to overrule anything in the printed policy that appears to conflict with it. In case of contradiction between a proposal which is made the basis of the contract and the terms of the policy document which is issued later, the policy documents is likely to take precedence being the final and formal expression of the agreement. 17(a) Define Contribution as an Insurance concept. (2 marks) (b) Explain the operation of the doctrine of contribution at common law showing vividly, the drawback(s) in the operation. (2 marks) (c) List and explain how Insurers have been able to change or override the drawback(s) of the common law rule. (26 marks) Solution 17 (a) Contribution is the right of an insurer to call upon others similarly, but not necessarily equally liable to share the cost of an indemnity payment. (b) Contribution is governed by Common law. At common law, an insured whose loss was covered by two or more policies cannot recover more than an indemnity. He could claim against any of the insurers in any order. If he chose to claim from one and he was paid in full, the paying insurer would be saddled with the burden of bearing the cost of handling the claim, pains of having to wait till the other insurers would pay and faced with the possibility of dispute. That position of things was unacceptable to Insurers’ and therefore devised ways round the Common law rule. (c) These common law principles are frequently modified by: i. Clauses in the Policy known as Contribution Conditions and ii. Market agreements. i. Contribution Conditions: These are Clauses that set out how the loss is to be met if the insured has another Policy which covers it. Examples are: (a) Escape clauses This is a condition that effectively forbids the insured from taking our another policy without the consent of the insurers. It will be stated that the policy will be avoided if the insured takes out any further insurance on the same risk without notifying the insurer and obtaining their consent. It may also provide that the insurance will be invalid if the insured already has a cover on the same risk with another insurer. If the insured has two policies that cancel each other, the first in time will prevail. See HOME INSURANCE COMPANY OF NEW YORK V GAVEL. An accidental overlap will not operate bring this condition into use. See AUSTRALIAN AGRICULTURAL COMPANY V SAUNDERS. (b) Other Non-contribution clause This clause simply will state that there will be no liability for any cover which is insured by another policy. The effect is to push the whole of any such loss into the other insurer. (c) More specific insurance clauses A clause may be inserted in the policy that will state that where a loss is covered by another more specific insurance, the Policy will respond only when the cover provided by the more specific insurance has been exhausted. (d) Ratable Proportion Clauses: this is the most commonly used. It will state that the insurers will be liable for rateable proportion only of any loss that is also unknown by another policy. ii. Markets Agreements. Insurers sometime agree amongst themselves to modify the operation of Contribution. These they do in two ways: They may agree to share losses in cases where Contribution does not arise in law. Secondly, they sometime agree to waive rights of subrogation where such clearly exist, so that the whole of the loss is borne by one insurer. 18 The content or terms of an Insurance contract may roughly be divided into: Warranties and Conditions. (a) (b) (c) (d) Define these two terms (2 marks) How may warranties arise in an Insurance contract relationship? How may conditions be classified? (5 marks) Highlight the effects of breach of Warranties and Conditions. (2 marks) Solution 18 (a) (i) Warranties The most important terms in an insurance contract which bring about the most drastic effects if they are broken. (ii) Conditions: The terms other than warranties that imposes an obligation on the insured. (b) Warranties may be expressly stated in the policy. Warranties may be implied into the policy document. Warranties may be inferred from the basis of the contract clause. (c) (d) i. Conditions precedent to contract Conditions precedent to liability Collateral conditions or (mere conditions) Suspensive conditions or clauses describing the risk Breach of warranty or condition Cover terminates automatically and, in effect, the contract ends. Cover terminates from the same time of the breach. The insurers do not have to prove a connection between the breach and any loss that has occurred. The insurers cannot avoid a particular claim and allow the contract to continue. They must either allow the contract to terminate, or waive (agree to disregard) the breach. ii. Breach of condition precedent to the contract If a condition precedent is never fulfilled the contract is void ab initio If the condition imposes a continuing obligation the effect is similar to a breach of warranty, above, but cover may terminate only if there is a casual connection between the breach and the loss. iii. Breach of conditions precedent to liability The insurers may avoid the particular claim The policy as a whole is not avoided and remains in force. iv Breach of collateral (or mere condition) The insurers may not avoid the policy or the claim, but may claim damages. v. Breach of a “Suspensive Condition” or “clause describing the risk” Cover is suspended for as long as the insured fails to comply with the condition, but resumes if and when he starts to comply with it again. D10 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D10 COMMERCIAL INSURANCE PRACTICE Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D10 CHARTERED INSURANCE INSTITUTE OF NIGERIA D10 – COMMERCIAL INSURANCE PRACTICE INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper. You should answer all questions in Part 1 and Two (2) out of the Four (4) questions in Part II. The paper carries a total of 200 marks distributed as follows: Part I 140 marks. Part II 60 marks. You are advised to spend not more than two hours on Part I. You are strongly advised to attempt ALL the required questions to score maximum possible marks. In attempting the questions, you may find it helpful in some places to make rough notes in the answer booklet. If you do this, you must cross through these notes before you hand in the booklet. Answer each question on a new page. If a question has more than one part leave several lines blank after each part. D10 D10 – COMMERCIAL INSURANCE PRACTICE PART I Answer ALL questions in Part I. Each question carries 10 marks Note form is acceptable where this conveys all the necessary information. 1. In a combined policy, there are many benefits that make it popular. State five (5) of these benefits. Solution 1 Benefits of combined policy include: there is only one Insurance policy, one premium, one renewal data, and one document. a number of individual covers can be combined as required. The actual levels of cover and terms are tailored to meet the needs of the individual business. They are more flexible than the standard package type of cover. It gives no room for arguments as to which section of the policy is cover or not. 2. When the schedule in a policy is not large enough to contain all the details of the Property insured, there is another document that Insurer can use, what is this document called and give the benefit of such device/method. Solution 2 A Specification is prepared to contain details of the property insured when the schedule is not large enough especially for more complex risks. The schedule may be simplified to show for example, “Refer to the specification attached”. The benefits is makes it possible for details of large risks that could be contained in the schedule to be incorporated in the policy. 3. (a) (b) Write short notes on the followings: ‘Dry’ Perils ‘Wet’ Perils Solution 3 (a) ‘Dry’ Perils are exclusions under Assets protection Insurances and this include: Explosion, Aircraft, Earthquake, Riot and Civil Commotion. (b) ‘Wet’ Perils are also exclusion which include storm, flood, bust pipes, and impact damage. 4. What do you understand by ‘Subsidence Cover’? Solution 4 Substance: this is the gradual movement or sinking of ground below a building causing uneven settlement of the structure leading to cracking and damage to the building. Applicable Exclusions are: Coastal or river erosion Defective Design Inadequate construction of foundation Movement is made up of ground 5. In a motor trade policy, list and explain briefly three (3) main element of this policy. Solution 5 (i) The Road Risks: This section covers those vehicles mainly on the road. (ii) The Internal (Premises) Risk: This section covers the damage to the vehicle at Insured premises. (iii) The Asset business interruption, liability and other covers as insured under a typical combined policy. (iv) Details of driver, details of the vehicles, the use of the vehicle, area of use, length of journey. (v) - Under age Driver/an old driver - Habit of the Insurer/Driver e.g. A perpetual alcohol driving - A less careful Driver/Insured as shown in the claim history - One eyed or bad sighted Driver - Length of experience of the Insured/Driver 6. In a normal Motor Insurance Cover, mention (i) Three (3) physical hazards Underwriters always look for. (ii). List three (3) moral hazards that can influence the judgment of a prudent Underwriter when presented with Motor Insurance proposal. Solution 6 a) They are: (i) Third party insurance (ii) Third party, fire and theft insurance (iii) Comprehensive insurance (iv) Contingent liability cover (v) Restricted Road Traffic Act (RTA) cover only b) The moral hazards are: (i) the given of a wrong name by the proposer (ii) the given of a wrong address by the proposer (iii) the given of a wrong trade/business by the proposer 7. “Immobilized plant recovery” is an extension in Contractors all Risks Insurance. What is its Usefulness? Solution 7 It provides for the cost of recovering Mechanical plant such as earthmoving equipment which can become bogged down in heavy ground condition even though the plant has not been lost or damaged. Its usefulness is that it tend extend the CAR to this risk which is not normally covered by the policy. 8. In selecting maximum indemnity period, there are some factors Insured will need to consider, name four (4) of such factors. Solution 8 The factors should include: - The Time taken to carry our repairs The use of specialized machinery and the time taken to replace it Delay in replacing raw materials, components or parts Competition in the market and loyalty of customers Whether the business is seasonal. 9(a) The Employer’s Liability (Compulsory Insurance) Act 1969 exempted some categories of employers. Mention these categories of employers. How would injury be defined in Employers Liability Insurance? (b) Solution 9 The categories of the exempted employers are (a) - Nationalised Industries Police Authorities Local Government Authorities (b) Bodily injury, death, illness or disease 10. There are various sources of information the Underwriter will consider in Underwriting Liability Insurance. List any five (5). Solution 10 These are: - Proposal form Survey Confirmed claim experience Product brochures Sales literatures Internet site Through Governing Body of the said client or insured 11. What is the Role of Overriding Commission in Reinsurance Business? Solution 11 Over-riding commission is to reimburse the ceding company (Insurer) for the expenses she might have incurred in the process of securing the business(es) ceded to the ReInsurance Company. 12. State four (4) advantages of Reinsurance arrangement. Solution 12 Spreading of Risk Confidence Building Protection of business against risks that are catastrophe in nature Ability to acquire more risks It allows coding companies to acquire skills and knowledge from the Reinsurance companies 13. There are conditions to be met before Insurers can be liable to pay a claim arising from any bond issued to the Insured; Based on your experience, what are these conditions? Solution 13 Bond holder fails to perform a specific duty. Bond holder fails to perform a duty properly. If the subject of the bond is dishonest 14. Business travel policy is becoming popular in the Nigerian Insurance Market. What are the main Underwriting risks? Solution 14 Underwriting risks include: The destination Period of time or duration of cover Age of the proposer Pre-existing medical conditions (if the trip is for health reason) The type of work to be undertaken (If the purpose of the visit is for paid manual work) Part II Answer Two (2) out of the following Four (4) questions. 15. A building was insured against Fire and the contents against burglary. The building was burgled and some contents were carted away. The reports of the claims Adjuster show that the entrance door was not tampered with, but the Burglars came through the ceiling of the house. (a) (b) (c) ABZ Insurance Plc wants you to advise whether the claim is cover or not. Give reason(s)? State the definition of theft as contained in Theft Act 1968. What are the three (3) Basic Fire Perils and mention seven (7) Allied Perils. Solution 15 (a) The claim is covered: Though the entrance door was not tampered with according to the Adjuster’s reports, but there was forcible and violent entry and theft did occur. (b) Theft involving forcible and violent entry, auxiliary damage and hold-up (c) The basic perils covered by the fire policy are: Fire Lightning Domestic Explosion The Allied perils are: Explosion Aircraft Riot, civil commotion and malicious damage Earthquake 16. Subterraneous/underground fire Spontaneous fermentation Storm/flood Escape of water Sprinkler leakage Impact Subsidence Heave landslip Asset Protection Policy has become popular policy in the modern Insurance Practice, this is due to the uniqueness of covers it provides: (a) (b) (c) What do you understand by this policy? Mention three (3) common exceptions as it relates to Fire and special perils. List four (4) additional clauses which may be added to an asset protection policy. Solution 16 (a) Asset Protection refers to the identification and insurance of all the physical/material assets of a business. The most common of these are: the buildings, machinery/plant and all other contents. (b) Any three: - Any consequential loss or damage - Property more specifically insured - Property insured by a marine policy - Damage caused by pressure waves, terrorist damage, etc. (c) Any four: - Automatic reinstatement of the sum insured. - Change of occupancy - Construction and the heating of the building - Foundation clause - Non-invalidation clause - Temporary removal clause 17(a) Loss of use has become one of the common extensions to Motor Insurance. As an Insurance professional, what do you understand by “loss of use” and what is the purpose of this extension in Motor Insurance Policy? (b) Before a Motor Insurance policy can be fleet-rated by Insurance Company, what is the minimum number of vehicles the Underwriter will consider? (c) Some vehicles are regarded as special types. List four (4) of them. Solution 17 a. Loss of use is an extension in motor insurance serving as an incentive to the Insured person(s) to buy insurance from the insurer. Typically or generally, it is exclusion in a standard commercial motor cover. The purpose of loss of use is to extend the policy for the Insured by the Insurer to cover some or all of the leasing or hire charges if the proposer is to have before he is indemnified following a loss to the insured vehicle as a result of an accidental damage, fire or theft. b. Generally ten (10) vehicles are the minimum (but some insurers will reduce this to (5) five). c. Four from: Agricultural vehicles Forestry vehicles Buses and coaches Cranes Mobile shops Mobile plant Ambulances Bulldozers Hearses 18. What is the full meaning of the following? (a)i. ii. iii. iv. MPL PML NLE EPL (b) What is the need for EML by Insurers? (c) Differentiate between Proportional and Non-proportional treaty. Solution 18 (a) MPL = Maximum Probable Loss PML = Probable Maximum Loss NLE = Normal Loss Expectancy EPL = Estimated Probable Loss (b) Insurers need EML to: Identify the maximum loss which is likely in normal circumstances. Assess and manage their exposure to risks. Ensure the underwriters are making use of the company’s full capacity Protect the balance sheet Help in the purchase of their reinsurance programmes (c) Proportional treaty (Reinsurance) is where an Insurer (the ceding company) cedes a proportion of each risk. The reinsurer accepts the share of the risks offered and will accept a proportionate share of premium and pays the same proportion of the claim in the event of a loss. Non proportional treat (Reinsurance) is based on the size of the expected loss (an amount) rather than a percentage share of the risk. The ceding company only cedes out a particular amount that is in excess of what she can bear. The loss for this reason; it is usually referred to as excess of loss reinsurance as the loss has to exceed a certain level (which may be Insurer’s Net retention) before a claim can be made against the reinsurer. D11 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D11 PERSONAL INSURANCE PRACTICE Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D11 CHARTERED INSURANCE INSTITUTE OF NIGERIA D11 – PERSONAL INSURANCE PRACTICE INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper. You should answer all questions in Part 1 and two (2) out of the four (4) questions in Part II. The paper carries a total of 200 marks distributed as follows: Part I Part II - 140 marks. 60 marks. You are advised to spend not more than two hours on Part I. You are strongly advised to attempt ALL the required questions to gain maximum possible marks. In attempting the questions, you may find it helpful in some places to make rough notes in the answer booklet. If you do this, you must cross through these notes before you hand in the booklet. Answer each question on a new page. If a question has more than one part leave several lines blank after each part. D11 PART I Answer ALL questions in Part I. Each question carries 10 marks Note form is acceptable where this conveys all the necessary information. 1. Using alternative methods of settlement, how can insurer choose to settle a claim under the terms of the policy wordings? Solution 1 An insurer can choose to settle claim in one of these four ways: (a) (b) (c) (d) 2. payment of money (cash-in-lieu) Paying to repairer Replacement Reinstatement Mention three (3) advantages of Arbitration as a means of dispute resolution over litigation. Solution 2 - It is cheaper than litigation - It is faster than litigation - Qualified arbitrators understand Insurance technical matters than the court of law 3. Who is a loss Assessor? Differentiate a Loss Assessor from a Loss Adjuster. Solution 3 Loss assessors are employed by the policyholders to assist them in the preparation of their claim. The loss assessors will act on behalf of the policyholder to negotiate the best claim settlement. They also recover uninsured expenses. The loss adjuster is an independent intermediary who function is to assist in settling claims. Adjusters belong to CILA unlike the assessors. Assessors represent the claimant while loss adjusters investigate claims on behalf of insurers. Insurers pay the loss adjusters fees while the assessors collect their fees from the insured. 4. What is ex-gratia payment? Why do you think that an Insurer should make ex-gratia payment? Can an Insurer, having made ex-gratia payment, take over the salvage? Solution 4 Ex-gratia payment is the special payment insurers make when there is no legal liability to do so. Insurers make ex-gratia payment to protect their reputation and or for commercial purposes. Insurers can not take over the salvage following a loss where the claim is settled on ex-gratia basis. 5. Mention and explain briefly the two (2) corollaries of Indemnity. Solution 5 The two corollaries of indemnity are subrogation and contribution Subrogation allows insurers to recoup any profit which the insured may make from an insured event. It allows them to pursue any right or remedies which the insured may possess which may reduce the loss. Contribution provides that a policyholder can not recover more than indemnity, even if they have several policies covering the same loss. 6. What are the factors limiting payment of Indemnity? Solution 6 The factors limiting the payment of indemnity are: (a) Sum insured: sum insured is the maximum recoverable under the policy even where the true indemnity would be a much greater figure (b) Limit of Indemnity: this is the maximum payable by insurer. It is commonly found in liability policies. 7. (c) Average: where there is under insurance, average reduces the amount payable by insurer (d) Excess; It is an amount that the insured bears when there is a claim, no matter how small or large the claim (e) Franchise: It is a fixed amount the insured pays when the loss has not exceeded the amount of the franchise. The insurers pays the whole claim when the loss exceeds the amount (f) Deductible: A deductible is the name given to a large excess. The insurer gives premium discount in return. State the principle and the facts in Bufe vs Turner (1815). Solution 7 The principle is utmost good faith. In Bufe V. Turner (1815) the insured unintentionally did not disclose that there had been a previous fire in the immediate vicinity of the insured property. The court rendered the policy void. 8. What are the components of an Office Premium? Solution 8 The components of an office premium are (1) Pure Premium: The amount expected to cover the expected cost of loss (2) Contingency loading: It is the margin or reserve that is created to cater for the loss which exceed the expected cost (3) Expenses loading: The expenses of the Insurer is also considered (4) Profit loading: there is a margin of profit that is loaded to the premium 9. What is the definition of money in a travel policy? Solution 9 Travel policy defines money as cash, bank or currency notes, cheques, postal or money orders, traveller’s cheques, travel tickets, petrol or credit vouchers, some insurers include credit cards and passports. 10. List five (5) powers of Financial Services Authority (FSA) when authorizing and Monitoring Insurers. Solution 10 Powers of financial services Authority are (1) Authorisation (2) Solvency (3) Monitoring (4) Intervention (5) Conduct of business (6) Winding up 11. What are the three features of a Survey Report? Solution 11 Features of a survey report are: (1) Full risk description (2) Full risk assessment (3) Recommendations for loss prevention (4) A view in the adequacy of the sum insured 12. What is a product life? List and explain four (4) stages of this cycle. Solution 12 A product life cycle is the stages in the sales history of a product. The stages are (1) Introduction (2) Growth (3) Maturity (4) Decline 13. Explain Non-Proportional treaties. Solution 13 Non-proportional treaties - this is an arrangement where the reinsurers agree to pay an amount over and above (or in excess of) that which the cedant agrees to pay. There are two types: 14. (a) Excess of Loss: The reinsurers agree to pay any claim in excess of a particular amount e.g. N2,000,000 in excess of N500,000 (b) Stop Loss: It is not on claim per claim. It is on a particular account for a particular period e.g. motor account of an underwriter for year 2013. The intention is to prevent wild fluctuation in an insurer’s loss ratio. Define the Principle that was established in Pawsey vs. Scottish union and National (1908). What is the fact of Gaskarth vs. Law Union Insurance Company (1876)? Solution 14 The principle is that of proximate cause, which is defined as “It is the active and efficient cause which sets in motion a train of events that brings about a result, without the intervention of any force stating and working actively from a new and independent source”. In Garskarth V. Law Union Insurance Coy (1876) Fire damaged a wall and left it weakened. Several days later a gale blew the wall down. It was decided that fire was not the proximate cause of the wall falling down. Part II Answer TWO (2) out of the following FOUR (4) questions. 15(a) Define Contribution as a principle of Insurance. (b) How can contribution arise? (c) If a policy with Trustlink Insurance Plc has N5m sum Insured and the one with Safelink Assurance Plc has N3m while the one with Legal and Liability Insurance Plc has N2m. If there is Contribution. How can these Insurers share a loss of N1.5m? Solution 15 (a) Contribution is the right or an insurer to call upon others similarly, but not necessarily equally liable to the same insured, to share the cost of an indemnity payment. (b) Contribution will only arise where the following conditions are met: (1) (2) (3) (4) (5) (6) (c) Two or more policies of indemnity exist The policies cover a common interest The policies cover a common peril which gave rise to the loss The policies must cover a common subject matter Each policy must be liable for the loss There is a common interest Trustlink has sum insured of Safelink has sum insured of L & L Insurance has sum insured of N5,000,000 N3,000,000 N2,000,000 The formula to calculate Rateable Proportion is Sum insured Total sum insured 16. x loss Trustlink 5,000,000 x 1,500,000 10,000,000 = N750,000 Safelink 3,000,000 x 1,500,000 10,000,000 = N450,000 L & L Ins. 2,000,000 x 1,500,000 10,000,000 = N300,000 Write short notes on each of the following: (a) (b) Single article limit Radioactive contamination and explosive nuclear assemblies. (c) (d) (e) (f) Contractual liability Untraced Drivers Agreement Solvency Margin Implied duties Solution 16 a. Single Article Limit: It means no one valueable item to be of greater value than 5% of the contents sum insured. Item like gold, jewellery, silver or other precious metals are usually included. b. Radioactive Contamination and explosive nuclear assemblies: It is a popular exclusion of a household policy. Damage caused by nuclear weapon or related explosion is not covered by the policy. This damage has the potential to be too big for individual insurer to carry. It is normally placed in a pool i.e. market pools. c. Contractual liability This is a standard exclusion in all liability policies. It states that insurer will not be involved in a claim arising out of the agreement they knew nothing about and could not therefore have been taken into consideration when assessing the premium which the insured has introduced through a contract agreement. d. Untraced Drivers Agreement This agreement covers “Hit and run” cases where the negligent driver remain unidentified. It applies to compensation for personal injury or death and since 14/2/2003 to property damage. MIB nominates one of its members to negotiate settlement on its behalf. The cost being met by way of levies imposed by MIB (Motor Insurers’ Bureau) members. Guarantee fund section of MIB administers the operation. e. Solvency margins It is the amount by which asset exceed liabilities. Each Insurer is required to maintain a minimum balance between its assets and its liabilities. The NAICOM aims to minimize the risk of the insurance company having insufficient funds to meet its present and future claim. f. Implied Duties These are unwritten duties which are imposed by common law. For example the law requires that the insured: - 17. should act as though they are uninsured require to advise the appropriate authorities e.g. fire service in case of fire must take every reasonable steps to extinguish fire must not hinder the insurer in the investigation of their claim Detail ten (10) of the policy extensions that may be included in a private motor policy. Solution 17 The extensions under a private motor policy are 1. Damage to windscreens 2. Damage to or loss of rug, clothing and personal effect 3. Losses caused by young additional drivers 4. Loss of use 5. Personal accident benefits 6. Elections 7. Continental use 8. Transport by sea and Air 9. Racing, competitions, Rallies and trials 10. Breakdown cover 11. Courtesy cars 18(a) Give an historical background of travel Insurance. (b) What are the popular extensions and exclusions in a travel policy? Solution 18 a Travel Insurance was first provided for the benefit of businessmen on overseas trips. Originally, cover was limited to personal accident cover and loss or damage to baggage. The demand was increased and the cover widened following worldwide expansion of air travel. Most travel Insurance was originally written by tour operators now there is a whole rage of suppliers including intermediaries, banks, motoring organisations, sports and professional associations, as well as insurers selling the products to the public. b. Extensions to Travel Policy (1) (2) (3) (4) (5) (6) (7) (8) Hospital Cash benefit Delayed baggage Travel Interruption Travel delay Failure of tour organisers Lack of service or amenities Loss of passport Legal expenses Exclusions (1) Death, bodily injuries or sickness caused by drugs (unless medically prescribed) or caused by intoxicants, insanity, venereal diseases, pregnancy (some underwriters cover pregnancy up to seven months) or an naturally occurring condition of gradual operating cause. - Death and bodily injury consequent upon physical or mental defect when taking hazardous pursuits like hockey, polo, etc. Suicide or self inflicted injury (2) Loss of luggage - By confiscation - When the luggage was unattended - Corneal caps, micro lenses, stamps, manuscripts camping equipment - Cash/cheques unless reported to the police within 24 hours (3) Damage to fragile articles D12 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D12 LONG TERM BUSINESS Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D12 CHARTERED INSURANCE INSTITUTE OF NIGERIA D12 – LONG TERM BUSINESS INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper. You should answer all questions in Part I, and Two (2) out of the Four (4) questions in Part II The paper carries a total of 200 marks distributed as follows: Part I Part II 14 compulsory questions 2 questions selected from 4 140 marks. 60 marks. You are advised to spend not more than two hours on Part I. You are strongly advised to attempt ALL the required questions to gain maximum possible marks. Where a question is split into parts (a), (b) etc, marks for each part are only shown if they are split unevenly between the parts and you should spend your time in accordance with the allocation. Answer each question on a new page. If a question has more than one part leave several lines blank after each part. It is important to show each step in any calculation, even if you have used a calculator. You may find it helpful in some places to make rough notes in the answer booklet, if you do this, you should cross through these notes before you hand in the booklet. D12 PART I Answer ALL questions in Part I. Each question carries 10 marks. Note form is acceptable where this conveys all the necessary information. 1. Carefully discuss why a life assured will always get less than the premium paid in event of a Policy Surrender. (10 marks) Solution 1 Breach of policy conditions No time to build adequate reserve Initial expenses or acquisition cost Investment opportunity denied Actual value depends or length of time the policy has been in force. 2. Identify ten (10) relevant information you can find in the contents of a typical Medical Certificate of Cause of Death (MCCD). Solution 2 1. Name of hospital 2. Hospital Number 3. Name of deceased 4. Age of the deceased 5. Date of death 6. Time of death 7. Year of death 8. Primary cause of death 9. Secondary cause of death 10. Name of Doctor 11. Qualification of doctor 12. Address of the hospital 13. Stamp of the hospital 3. Given that: Lx dx qx ex = = = = number of the start of age aged x number dying at age x the rate of mortality at age x the expectation of life age x Also that a make table age x 0 40 41 42 45 = Lx dx qx 100000 96500 96334 96155 95521 814 166 179 193 254 0.00814 0.00172 0.00186 0.00201 0.00266 ex 73.413 35.349 34.409 33.473 30.684 What is the probability (Px) that a person aged 40 will survive for another one year? Solution 3 Px = Lx + 1 (5 marks) Lx Po = L41 L40 = 96334 96500 (3 marks) = 0.99828 (2 marks) 4. Carefully enumerate ten (10) relevant information you can find in “Know Your Policyholder” (KYP) form. Solution 4 1. Name of Policyholder 2. Sex 3. Date of Birth 4. Marital Status 5. Address 6. Email 7. Occupation 8. Name of Insurance Company 9. Address of the insurer 10. Nationality of Policyholder 11. Means of identification 12. Name of agent/brokers 13. Agent/broker registration number 14. Source of fund 5. What important factor in your checklist will you be concerned about in the event of a surrender of a mortgaged life assurance policy? Solution 5 The counter signature of the mortgagee if the surrender was made by the mortgagor. However, the signature verification is irrelevant if the request was made by the mortgagee under the power of sale. 6. The law on assignment of life policies is contained in the Policies of Assurance Act 1867. Discuss the obligations the Act imposed on Life Insurance Companies. Solution 6 a) Life offices must show appropriate office address where notice of assignment can be served. b) Life offices must acknowledge receipts of the notice of assignment. c) Life offices must have a register for recording or notice of assignment. d) They must put a caveat that such notice does not confer the assignee ownership of the policy. 7. Describe the relevant information under the Family History of a typical proposal form. Solution 7 1. Age and state of health (if living), age at death, cause of death and year of death of father, mother, sister(s) and brother(s). 2. Enquiry of named ailment suffered by any member of the proposer’s family. 8. Identify various methods to deal with life assurance proposal with substandard lives. Solution 8 1. Grant limited cover 2. 3. 4. 5. 6. 7. Exclude coverage of some risks Charge extra premium Rating-up by using an age higher than the proposer’s Impose debt or lies on the policy Postpone acceptance Decline the risk present 9. A proposer for life assurance in your company disclosed some medical conditions in her life in the proposal form. As an astute underwriter what are those ten (10) medical conditions that will put you on enquiry? Solution 9 1. Heart disease 2. Cancer 3. Obesity 4. Liver disease 5. Kidney disease 6. Diabetes 7. Mental disorder 8. HIV/Aids 9. Respiratory disease 10. Glandular disease 11. Eye disease 12. Disease of nervous system 10. The assessment of a proposal for life assurance is key. What underwriting factors are considered during risk assessment? Solution 10 1. Medical factors 2. Occupational factors 3. Residential factors 4. Financial factors 11. Discuss the contents of a life assurance claims or discharge voucher. Solution 11 1. Policyholder name/claimant 2. Policy number 3. Policy type 4. 5. 6. 7. 8. 9. 10. Claims amount Signature of claimant Name of Insurer Address of Insurer Name of witness Address of witness Name of beneficiary 12. Mr. Okonkwo Okon Olajide has nine (9) children of which one is the only male child – (Two years old today). He approached you for a life assurance policy on the life of the male child for his own benefit in demonstration of his love for this child. Discuss if this man has legal right, with respect to insurable interest, to do so. Solution 12 This man does not have insurable interest, as parent, on the life of the child. This is because parents do not suffer financial loss on the death of a child. If it were possible, parents will be tempted to commit infanticide. 13. Carefully, enumerate the various types of investment products available in the financial services sector. Solution 13 1. Endowment policies 2. Shares 3. Unit Trust 4. Gilt-edged securities 5. Investment-linked insurance policies 6. Debentures 7. Government bonds 8. Company bonds 9. Insurance bonds 10. Options, futures, swaps etc 14. What is your understanding of money laundering? List the stages involved in money laundering? Solution 14 Money laundering is the process through which criminals and terrorist convert money obtained illegally into legitimate funds. The stages of money laundering are: 1. Placement 2. Layering 3. Integration Part II Answer TWO (2) out of following FOUR (4) questions. Each question carries 30 marks 15. Discuss family Income Benefit policy. Solution 15 (a) Family Income Benefit provides for the payment of an Income. The policy pays the selected level of income each year from the date of death of the life assured until expiry of the policy. FIB policies are usually cheap because cover reduces over the term of the policy. (b) “An Insurance agent who assists an applicant to complete an application or proposal from for Insurance shall be deemed to have done as the agent of the applicant”. 16. Your valuable assured wrote recently requesting for an alteration in the policy. His wish is that the term of the policy be reduced from 20 years to 8 years. You observed from the file that the policy is in its 5th year and is encumbered (that is, there is a third party interest) How will you treat this request? Solution 16 1. Acknowledge the letter of request 2. In the letter, state that you will need the consent of the third party in writing to effect the alteration. 3. Copy and send the letter to 3rd party 4. Wait for letter of discharge from the 3rd party 5. No alteration if the reply from the 3rd part is that the policy is still encumbered 6. Alteration is effected if the 3rd party states that there was no need to request his consent. 7. Also ensure that the reassure is informed for necessary adjustment. 17. A proposer for a term Assurance policy in your company is also requesting for additional benefits to be added to the policy. Carefully state all additional benefits that can be added to a basic life policy. Solution 17 1. Waiver of premium 2. Disability benefit 3. Double accident benefit 4. Increasing cover option 5. Critical illness cover 6. Health care benefit 18. Discuss (a) Operative Clause (b) Life of another policy Solution 18 (a) Operative Clause provides that the benefit stated in the schedule of the policy will be paid provided that premium has been paid, the claim is proved, policy ownership is proved and claims form (discharge voucher) is completed. (b) Life of another policy: In this policy is where a person effects a policy on the life of another for his own benefit. The third party effecting the insurance must have an insurable interest when the policy commences. For example, a creditor effect a life policy on the life of a debtor and also husband and wife (Married Woman Act). D13 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D13 MARINE AND AVIATION INSURANCE Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D13 CHARTERED INSURANCE INSTITUTE OF NIGERIA D13 – MARINE AND AVIATION INSURANCE INSTRUCTIONS TO CANDIDATES Three (3) hours are allowed for this paper which contains 20 compulsory questions and carries a total of 200 marks. Where a question is split into parts (a), (b) etc, marks for each part are only shown if they are split unevenly between the parts and you should spend your time in accordance with the allocation. Answer each question on a new page. If a question has more than one part, leave several lines blank after each part. It is important to show each step in any calculation, even if you have used a calculator. You may find it helpful in some places to make rough notes in the answer booklet, if you do this, you should cross through these notes before you hand in the booklet. D13- MARINE AND AVIATION INSURANCE Each question carries 10 marks Note form is acceptable where this conveys all the necessary information. 1. What do you understand by the terms Latitude and Longitude? Illustrate your answer with diagrams. Solution 1 Latitude is the angular distance of a place North or South of the Equator, measured from the centre of the earth. Diagram Longitude is the angular distance of a place east or west of the Greenwich Meridian (often called the Prime Meridian and accepted by international agreement). The angle is measured at the centre of the Earth along the Equator. Diagram: 2. What is the essence of time difference? Give an example to buttress your explanation. Solution 2 Time difference is always important to appreciate and understand in all forms of business, but especially when working with other major world markets. Example: 1200hrs 2100hrs 0700 hrs 3. London time is Tokyo time and New York time State the relationship between Seaport, Airports and Insurance. Solution 3 The situation of a seaport or airport has two main effects on insurance a. The physical risk exposure. The size of a seaport its location, any weather hazards or congestion problems may produce additional hazards to the Marine Insurer. Also some airports are located in mountainous areas which Insurers may consider these more of a physical risk. b. Its trade or passenger level - a seaport handling non-hazardous, low value raw material would not offer insurers major concern. But a very busy seaport regularly handling shipment of oil or liquid natural gas would. 4. What are: (a) Customs Invoice (b) Certified Invoice Solution 4 a. Customs Invoice: is used by the relevant authorities to check that no duty liability is being avoided by inaccurate pricing. b. Certified invoice: is a commercial invoice bearing a detailed statement as to value and origin and signed by the exporter. In some countries, this type of invoice is required to be legalized by the buying nation’s consulate in the UK before the goods can enter the country. 5. What is the legal definition of Bill of Exchange? Solution 5 A bill of exchange is legally defined as an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to which it is addressed to pay on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person or to bearer. 6. Enumerate the services of a Freight Forwarder. Solution 6 Freight forwarder arranges the dispatch of export products to particular countries to which the goods are consigned. They arrange transport, prepare some of the necessary documents and also arrange insurance cover, if agreed by the exporter. They also arrange “groupage” service, whereby small consignments may be grouped with those of other exporters. 7(a) Define Excess of Loss Ratio (b) What other name is given to this type of Reinsurance Cover Solution 7 a. Excess of Loss Ratio is a form of protection which enables the reassured to reduce their net liability on individual risks to a figure within their compass. The loss ratio of the original insurer is stopped at an agreed percentage, if the loss ratio in any particular year exceeds that agreed figure, the reinsurer will pay the excess amount. The reinsurer will not give unlimited cover restricting liability to an agreed percentage of the net retained lines of the original insurer. b. Excess of Loss ratio also known as Stop Loss 8. Define (a) Quota share Treaty Reinsurance (b) What do you understand by “Advance Freight?” Solution 8 a Quota Share Reinsurance: is a reinsurance agreement whereby the reassured cedes a predetermined proportion of all business for specified part thereof to their reinsurer. b. The Continental law allows pro rata distance freight i.e. if the shipowner, through no fault of his own, is unable to complete the voyage due to one reason or the other, is entitled to the proportion of freight earned before the adventure was terminated. English law insists that freight is payable only on right delivery of goods, unless otherwise agreed by both parties. 9. State the Insurance principles involved in the cases of (a) North of England Iron SS. Ins Assn v. Armstrong (1870) (b) Goole & Hull Steam Towing Co. v. Ocean Marine Ins. Co. (1928) Solution 9 a. The Insurance principle of claims settlement in respect of Total loss/Recovery from the negligent third party by the Insurer. b. Insurance Principle of Claims Settlement in respect loss/Recovery from the negligent third party by the Insurer. of Partial 10. What are the provisions of S.78 of the MIA 1906 – Duty of Assured (Sue and Labour). Solution 10 A shipowner who incurs expenditure in trying to save their vessel when there is no other property involved, but is unsuccessful, and the vessel sinks, will recover their expenditure, subject to the provision regarding under-insurance and the limitation of the amount insured. 11. Highlight the Exclusions under the Radioactive Contamination Exclusion Clause. Solution 11 The exclusions under the Radioactive Contamination Exclusion Clause are: Losses, liability or expenses directly or indirectly caused by a. Ionizing radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or combustion of nuclear fuel. b. Radioactive, toxic, explosive or other hazardous, or contaminating properties of any nuclear installation, reactor, or other nuclear assembly or component c. Any weapon or war employing atomic or nuclear fusion and/or fusion or other like reaction or radioactive force or matter. 12. A vessel was forced to berth at a port in Alepo Syria, whilst at berth there was an explosion from a missile fired by the opposition forces. The vessel with all its Cargo was completely bowed down. Can the Cargo owner claim in respect of his lost cargo? Solution 12 The situation in Syria is a war situation, clearly excluded from any liability under the Marine Insurance Act, war clauses exclusions. This stipulate that in no case shall the Insurance cover loss, damage or expenses caused by war, civil war, revolution, insurrection or civil strife arising from any hostile act by or against a belligerent power. 13. Is partial interest of any nature insurable in Marine Insurance? Explain. Solution 13 A partial interest of any nature is insurable in Marine Insurance, for example a bulk item in respect of two separate contracts can be shipped, with the two contractors having insurable interest in their individual part of the shipment. Each individual interest will be for his specific share of the shipment. 14. The Marine Insurance Act 1906 Section 18 specified when some facts need not be disclosed. Specified these circumstances. Solution 14 Under section 18 of the MIA 1906 the following facts need not be disclosed a. Any circumstance which diminished the risk b. c. d. Any circumstance which is known or presumed to be known to the insurer i.e. matters of common knowledge which insurers in the ordinary cause of their business ought to know. Any circumstance as to which information is waived by the insurer. Any circumstance which it is superfluous to disclose by reason of any express or implied warranty. 15(a) Mention the dual task of an Aviation Insurance broker. (b) What is the benefit in placing a business with the Lloyds Broker? Solution 15 a. The Dual tasks are: i) ii) Obtaining the best possible terms with acceptable security for their client Providing underwriters with a service by issuing adequate documentation and ensuring punctual payment of premium. The broker is obliged to keep underwriters fully informed of events concerning a risk and must reveal all pertinent details. b. The benefit of placing business with Lloyd’s Broker, is that the underwriters are able to subscribe to business in almost every country in the world. Lloyd’s also provides a worldwide network of agencies for purpose of loss adjustment, legal advice, statistical information and general commercial intelligence. 16. (a) There are some specified Rules under the Marine Insurance Act 1906. State the first two rules i.e. Rule 1: Lost or not lost (b) Rule 2: From Solution 16 These Rules as specified by the Act are for the construction of a policy. a. Rule 1 – Lost of nor loss is used where the subject matter is insured “lost or not lost” and the loss has occurred before the contract is concluded, the risk attached unless at such time the assured was aware of the loss and the insurer was not. b. Rule 2: from – where the subject matter is insured “from “ a particular place, the risk does not attach until the ship starts on the voyage insured. 17. One of the objectives of the Aviation Industry in respect of international regulations is to allow an operator to limit liability for death or bodily injury to a passenger or loss/damage to baggage or cargo. Mention these laws as regards the regulation. (a) (b) Japanese Initiative Australian Legislation - 1992 1994/1995 Solution 17 a. Japanese Initiative – 1992 – Japan requires its carriers to waive limits and in particular for amounts up to SDR 100,000 to waive defence of Article 20 of the Warsaw Convention. b. Australian Legislation – 1994/1995 Australia requires its carriers to increase limits to SDR 260,000 18(a) Highlight the Sub Sections of the Section III – legal liability to Passengers of the London Aircraft Insurance Policy. (b) Under Exclusions applicable, mention the specific exclusions. Solution 18 a. The three sub sections of the Section III are: i. ii. iii. Coverage Exclusion applicable Limits of Indemnity b(i) (ii) Employee liability Operational Crew 19. State the Cover granted under the Additions and Deletions (Applicable to Hull only) (AVN 17A) Policy. Solution 19 The cover granted under the Additions and Deletions (Applicable to Hulls Only) (AVN 17A) are: a. Automatic extension of the policy to include at pro rata additional premium in respect of further Aircraft added during the currency of the policy provided such Aircrafts are owned or operated by the insured and are of same type, and value as the ones already covered. b. Inclusion of additional Aircraft of other types or different values shall be subject to special agreement and rating by insurers prior to attachments. c. Aircraft which have been sold or disposed of shall be deleted from this policy and the insured shall be entitled to pro rata return of premium provided no claim has arisen and become payable under this policy in respect of such Aircraft, and that this policy is not cancelled by virtue of such deletion. 20. What are the basic provisions of Section 2 – Extortion and Hi-jack Expenses of the Appendix 2 – Airport Owners’ and Operators’ Liability policy. Solution 20 The basic provision of section two: extortion and Hi-jack expenses of the Appendix 2 of the Airport Owners’ and operators’ liability policy are: 1. a. b. 2. Indemnify the Assured subject to the terms condition etc and limitations set out below and up to the limit stated in the schedule for 90% of any payment property made in respect of: threats against any Aircraft stated in the schedule or its passengers or crew made during the currency of the policy. Extra expenses necessarily incurred following confiscation, hi-jacking of any Aircraft stated in the schedule. No cover will be provided under this section of the policy in any territory where such insurance is not lawful and the assured is at all times responsible for ensuring that no arrangements of any kind are made which are not permitted by the proper authorities. D17 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D17 OPERATIONAL MANAGEMENT Three hours are allowed for this paper Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D17 CHARTERED INSURANCE INSTITUTE OF NIGERIA D17 – OPERATIONAL MANAGEMENT INSTRUCTIONS TO CANDIDATES Three hours are allowed for this paper. You should answer all questions in Part 1 and Two (2) out of the Four (4) questions in Part II The paper carries a total of 200 marks distributed as follows: Part I 140 marks Part II 60 marks You are advised to spend not more than two hours on Part I. You are strongly advised to attempt ALL the required questions to score maximum possible marks. In attempting the questions, you may find it helpful in some places to make rough notes in the answer booklet. If you do this, you must cross through these notes before you hand in the booklet. Answer each question on a new page. If a question has more than one part leave several lines blank after each part. D17 PART I Answer ALL questions in Part I. Each question carries 10 marks. Note form is acceptable where this conveys all the necessary information. 1. Differentiate between a Manager and a Leader. Solution 1 A manager is a person who performs the specific functions of management and who holds on official title or plays on official part within the organization while A leader is a person who is able to influence others to pursue goals. As a results leadership does not require the trappings of officialdom. 2. Identify the eight (8) main views of leadership. Solution 2 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) 3. The existence of special leadership traits Behavioural theories Situational leadership Action Centred leadership Transactional leadership Transformational leadership Intrapreneurship Facilitative leadership State three (3) advantages of delegation Solution 3 (i) Managers gain more time to concentrate on high-level activities such as strategic planning. (ii) Subordinates are able to take on greater responsibility and learn new skills in self-contained and more managerial branches. (iii) Delegation encourages team spirit by allowing staff to participate more in the organization’s tasks and decision. 4. List the six (6) styles of decision making identified by T.Y Awoba in late 1970s. Solution 4 (i) (ii) (iii) (iv) (v) (vi) 5. Enumerate five (5) types of interviews normally conducted. Solution 5 (i) (ii) (iii) (iv) (v) 6. No thought Compliant Logical Emotional Intuitive Hesitant Termination Interview Grievance Interview Disciplinary Interview Career Development Interview Appraisal Interview State five (5) means of reducing the effects of stress. Solution 6 (i) (ii) (iii) (iv) Providing break areas for staffs to get away and release tension Providing work variety to reduce monotony Providing a quality and conducive working environment Ensuring team members have clear and achievable goals, objectives, targets. (v) Giving praise and positive feedback for successes (vi) Avoiding a blame approach when someone is unsuccessful (vii) Mediating between team and management requests, if necessary, negotiate. (viii) Keeping team disruption to a minimum by dealing with conflicts immediately (ix) Involving the team in decision making and ensuring they accept responsibility for their actions. (x) Ensuring there are clear procedures for handling stress related problems 7. What are the attributes of a successful project? Solution 7 (i) (ii) (iii) (iv) (v) (vi) 8. Differentiate between Management Control and Operational Control. Solution 8 (i) (ii) 9. Stated objectives and deliverable are achieved Delivered on time Within budget Perform to an agreed specification Meet pre-defined success criteria Satisfy the sponsor and beneficiaries Operational control relates to individual tasks while management control is concerned with the sum effect of individual tasks. Many operational control decisions can be automated or programmed. In contrast, management control, relying on judgement and qualitative as well as quantitative factors, is always “non-programmed”. What are the seven (7) steps to Success in motivation? Solution 9 - Support the team by sharing knowledge - Understand the people’s needs and limitation - Collate and analyse data - Communicate clearly and effectively - Encourage enthusiasm and ideas from the team - Set Specific targets for individuals and the team - Support colleagues in achieving team goals 10. Identify the four (4) phases of employee performance appraisal. Solution 10 Performance Appraisal Phases (i) Assessing the individual (ii) Communication of the Assessment (iii) Identifying training and development needs (iv) Setting objectives 11. State five (5) sources organizations use to help them find appropriate staff for recruitment. Solution 11 (i) (ii) (iii) (iv) (v) 12. What are the points to consider in designing a Tele-Interview? Solution 12 (i) (ii) (iii) (iv) (v) (vi) 13. Graduate recruitment Advertising Recruitment Agencies Personal recommendations Internal promotion Agree the competencies and personal characteristics required Decide the way they are to be assessed Decide the scoring process Develop a script and from to collect the information Train the tele-Interviewers Agree on the success criteria What is Performance Management? Solution 13 Performance management is a systematic approach to the management of people using performance and development as forces to motivate individual employees to contribute to organizational goals while at the same time realizing their own career plans. 14. Define Counseling and list the key steps in counseling. Solutions 14 a. Counseling can be defined as creating opportunities for an individual to explore and discover ways of achieving their potential as a human being. b. The key counseling steps are: (i) (ii) Identify what the real problem is Establish trust and moving forward with empathy (iii) (iv) Considering possible actions that could help to improve the situation Agreeing the action to be taken Part II Answer TWO (2) out of the following FOUR (4) questions. Each question carries 30 marks. 15. At corporate level, planning needs to cover the key areas that will allow the organisation’s objectives to be achieved. What are these areas? Solution 15 Key areas in planning (i) Setting objectives (ii) Identifying what needs to be done for those objectives to be achieved (iii) Creating the most appropriate organization structure (i) Agreeing and establishing a consistent management style (ii) Agreeing and setting budgets (iii) Agreeing staff incentives (iv) Setting sales targets (v) Planning the most efficient use of material resources (vi) Setting timetables and deadlines (vii) Identifying contingency plans 16. The foundation of staffing and recruiting is to have a sound and logical recruitment and selection process, the aim of which is to find people who will deliver high quality performance. It is essential that organisations test for key skills, attitudes and attributes at the right stage in the recruitment procedure. Identify the stages of the recruitment procedure. Solution 16 Stages of the Recruitment Procedure (i) Determine the Business needs (ii) Job description, competencies, person specification (iii) Decide recruitment sources (iv) Prescreening (v) Assessment of Application Form and/or CVs. (vi) Decide interview approach and structure (vii) Interview and Selection process (viii) Selection Decision (ix) (x) Offer and Confirmation Evaluation 17(a) Identify the two approaches known as “Coaching Spectrum” (b) With the aid of a table, differentiate between these two (2) approaches. Solution 17 a) They are: - Management Coaching - Achievement Coaching b) Management Coaching A process by which a manager, through discussion and guided activity, helps a member of staff to solve a problem or carry out a task better. The focus is on practical improvement of performance and the development of specific skills Coach does most Talking “Putting in” - Skills - Knowledge - Experience of Achievement Coaching A continuous and participative process whereby the manager or coach provides both the opportunity and the encouragement for an individual to address their needs effectively in the context of personal and organization objectives the Coach does most of the Listening “pulling out” - Potential - Commitment - Expertise 18(a) What do you understand by Benchmarking? (b) Explain the types of benchmarks. Solution 18 a. Benchmarking is a process that allows a company to compare its own progress with that of a comprehensive standard. It usually means the establishment of performance measures that enable a company to analyse its efficiency against competitors or leading companies in the Industry. bi. Internal Benchmark: These compare the performances of divisions and departments within the same organization. ii. External Benchmark: These contrast the company’s overall performance with competing firms e.g. Profitability, rate of return on capital employed, growth etc. iii. Functional Benchmark: This covers an assessment of the company’s main functions and processes and compares them against the same functions and processes in other organisations but not necessarily competitors. D18 LOGO CHARTERED INSURANCE INSTITUTE OF NIGERIA DIPLOMA OCTOBER 2013 EXAMINATION PAPER SUBJECT D18 PROPERTY CLAIMS HANDLING Three hours are allowed for this paper. Fill in the information requested on the answer booklet and on form B. Do not write on the question paper. The answer booklet and this question paper must be handed in personally by you to the invigilator before you leave the Examination Hall. Failure to do this may result in your paper not being marked and you may be prevented from entering for this examination in future. D18 CHARTERED INSURANCE INSTITUTE OF NIGERIA D18 – PROPERTY CLAIMS HANDLING INSTRUCTIONS TO CANDIDATES Three (3) hours are allowed for this paper which contains 20 compulsory questions and carries a total of 200 marks. Where a question is split into parts (a), (b) etc, marks for each part are only shown if they are split unevenly between the parts and you should spend your time in accordance with the allocation. Answer each question on a new page. If a question has more than one part, leave several lines blank after each part. It is important to show each step in any calculation, even if you have used a calculator. You may find it helpful in some places to make rough notes in the answer booklet, if you do this, you should cross through these notes before you hand in the booklet. D18 D18- PROPERTY CLAIMS HANDLING Each question carries 10 marks. Note form is acceptable where this conveys all the necessary information. 1. Give examples of how tortuous liability may arise. Solution 1 a. Fire as a result of the negligent act of a contractor b. Water damage following inadequate or incurred plumbing c. Impact by road vehicle d. Subsidence can result from nuisance 2. State Day One Average Condition in Property Policies. Solution 2 This means, if at the time of damage, the Declared Value of the property insured is less than the cost of Reinstatement at the inception of the policy, then the liability of the insurer shall not exceed the proportion of the Declared Value to the cost of Reinstatement. 3. Highlight the Insurers Rights following a claim Solution 3 Right to take possession Right to keep possession Right to salvage Right of Entry 4. Write notes on Animal Act 1971 Solution 4 a. - There is a strict liability for damage by trespassing livestock Defences - Contributory negligence - Escape wholly due to the fault of the person suffering the loss b. There is also liability for damage by dangerous species 5. The property insurance market is made up of many players. List them. Solution 5 - Policyholder - Brokers and Agents i.e. Intermediaries - Insurers - Reinsurers - Third party Claim administrators - Assessors - Trade and Market associations - Superintendent - Actuariant 6. Discuss the issues involved in the case of Carter V. Boehm (1766) Solution 6 - Carter was the Governor of a fort in Sumalia (modern day Indonesia) - He effected a policy with Lloyds Underwriters (Boehm) against the fort being captured by foreign enemies - The fort was captured less than a year later - Boehm denied liability on the basis of non disclosure - Carter argued that the facts were common knowledge. 7. Define policy warranty. Solution 7 A warranty is an undertaking by the policyholder that some specified thing shall or shall not be done Or That some condition shall be fulfilled or Whether the policyholder denies or affirms the existence of a specified fact or facts. 8. The term “All Risks” is a misnomer because no policy covers all risks. The All Risks Policy has many exceptions which have been for ease of reference broken down to groups. List these exceptions. Solution 8 All risks policy do not cover all conceivable risk. Below are some of the exclusions - Exclusion of events - Exclusion of property - Standard war exclusion - Standard ionizing radiation exclusion - Northern Ireland Overriding clause - Consequential loss 9. You are to deliver a paper on Impact Damage Extension during the next meeting of the Fire Offices Committee. Outline the contents of your paper. Solution 9 This is a paper presentation and should be handled as such the follow must be the substance of the paper (a) - Cover under this extension may be restricted to impact damage by any road vehicle, train or animal. - There must be physical impact i.e. Collision (b) Exclusions - It does not cover damage by insects, birds or domestic pets - It does not cover damaged by the imposed load of a vehicle rolling over - It does not cover damage by loads falling from vehicles 10. Give five examples of misrepresentation. Solution 10 - Non-disclosure of a criminal record not spent - Non-disclosure of previous claims - Non-disclosure of an insurer’s refusal to accept or renew a policy - Misrepresentation of security devices - Misrepresentation of the proposer’s business - Misrepresentation of the construction of the premises 11(a) Define Explosion. (b) To what extent is Explosion covered in the Standard Fire Policy. Solution 11 a. Explosion has been defined as i. ii. An event that is violent, noisy and caused by a very rapid chemical or nuclear reaction or The bursting out of gas or vapour under pressure b. It only covers explosion of domestic boilers and/or gas used for domestic purposes or heating and/or lighting. 12. Write all that you know of Stock Debris Removal. Solution 12 - Stock Debris Removal is not covered under the standard fire policy - It may be covered by extension - The cost incurred can be substantial particularly if the debris is contaminated and has to be disposed at licensed sites. - The cost should not be paid unless there is stock debris removal cover. 13. (a) (b) The judgement in the case of North British and Mercantile Insurance Company V. London, Liverpool and Globe Insurance Company (1877) made an important contribution to insurance practice. What is this contribution? Give a summary of this case Solution 13 a. Contribution between property policies does not arise where different persons insure in respect of different rights. b. This case is also known as King and Queen Granaries case. The granary was destroyed along with its contents including grain owned by Radocanachi and Co who effected a fire cover on the grain. The granary owner also had a fire policy on customers’ grain as a Bailee. The two insurers entered into this friendly case to test contribution. It was held that the granary insurer was liable with no contribution as the policies cover different interests. 14. Write notes on (a) Aggregate deductible (b) Definitions in Property Policies (c) Rebuilding guarantee Solution 14 - Aggregate deductible A deductible is the first part of a claim that the insured bears. An aggregate deductible relates to the total of all such claims in the year. - Definitions in Property Policies Insurers incorporate definitions into property policies to give a clear picture of the key terms used in the policy. Where this is not done words will be used in their ordinary dictionary meaning. - Rebuilding guarantee Thus may be found in policies covering buildings. By this clause, Insurers give an undertaking that irrespective of the cost they will pay the reasonable cost of reinstating the building. 15. Explain the independent liability method of loss apportionment. Solution 15 - It requires a calculation to be made in respect of each of the policies to establish the sum that the policy would have paid if it were the only policy in force. - It takes into account all adjustments that would be made to the claim under the policy. - The total of the independent liabilities of all the policies is then calculated. - The loss is apportioned in the ratio that the independent liability of each policy bears to the total independent liabilities. 16. Describe the mechanism typically causing wall finishes to fail. Solution 16 - The most common cause of defect is frost damage. - If render is not maintained and if airline cracks which can develop in the normal cause of clients are not filled and decorated, what can penetrate and when it freezes it will make the cracks bigger until eventually the render becomes detached, or water is allowed to penetrate the building. 17. Before alleging fraud, what degree of proof is required by the Insurer? Solution 17 - In civil cases, liability is determined on the balance of probabilities. - In criminal matters, guilt must be established beyond reasonable doubt - Allegations of fraud against the policy holder is a serious allegation though a civil matter. - The degree of proof required is higher than that applicable to civil matters but not as high as those relating to criminal matters. 18. Warranties are commonly found in property policies. Discuss a typical Alarm Warranty. Solution 18 - The specification for the alarm must have been agreed with insurers. - It must be maintained in full working order - The premises should not be left unattended unless the alarm has been set - Keys must be removed when the alarm is set - Security of alarm codes must be maintained 19. List the factors you would consider in calculating your company’s overall claims reserve. Solution 19 - Aggregate of all the case by case reserves plus. - Allowance for IBNR Plus - Indirect claims handling expenses 20. Discuss the judgment in the case of Ryland V. Fletcher (1868). Solution 20 - It is a case of strict liability - The judgment established as follows: a) If a person for his own purposes brings on his land and collects and keeps their anything likely to do mischief if it escapes, keeps it at his peril. b) If he does not do so he is prima facie an answerable for all the damage which is the natural consequences of its escape. Admissible Defences - The escape was due to the plaintiff’s default - The escape was the consequences of vis major - It was an act of God