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Hence there is a need for Utmost Good Faith on the part of the proposer.
Both the insurer and the client should ensure that
Some examples of Material facts, which need to be disclosed, in the next page:
2
Fundamental Principles of Insurance CSC – VLE Training
Continued
a) Misrepresentation,
which
again
may
be
either
innocent
or
intentional.
If
intentional
then
they
are
fraudulent
b) Non-‐Disclosure,
which
may
be
innocent
or
fraudulent.
If
fraudulent
then
it
is
called
concealment.
Failure to reveal material information can result in the contract being declared as
null and void.
3
Fundamental Principles of Insurance CSC – VLE Training
Ø An
Insurance
contract
is
enforceable
when
the
insured
has
an
insurable
interest
in
the
subject
matter
of
the
contract.
Ø Insurance
without
‘insurable
interest’
would
be
a
mere
wager
and
as
such
unenforceable
in
law.
c) In Property and other Insurance Insurable Interest must exist at the time of
inception as well as at the time of loss/ claims.
QUESTION.
Can you insure you house under residential building where you are storing fire
works item without disclosing it to insurance company?
SUMMARY
The principle of insurance has been formulated so that a person does not make profit
out of the insurance transaction.
The basic purpose of insurance is that the insured is put in same financial position as
he was before the loss.
4
Fundamental Principles of Insurance CSC – VLE Training
a.
voidable
b.
illegal
c.
unenforceable
d.
Void
a.
Franchise
deduction
b.
Deduction
&
depreciation
c.
Extra
premium
d.
Excess
clause
deduction
a.
cash
payment
b.
repair
c.
Replacement
d.
All
Ø Statement
A:
The
proposer
need
not
to
disclose
facts
which
considers
as
not
material
Ø Statement
B:
Facts
which
are
common
knowledge
which
the
insurer
is
expected
to
need
not
be
disclosed.
5
Fundamental Principles of Insurance CSC – VLE Training
6. Which of the following principles of law prevents an insured from making a profit out
of his loss
a.
Insurable
interest
b.
Caveat
emptor
c.
Utmost
good
faith
d.
Indemnity
Ø Statement
A:
The
existence
of
other
insurance
must
be
disclosed.
Ø Statement
B:
Facts
of
law
need
not
be
disclosed.
a.
Only
A
is
true
b.
Only
B
is
true
c.
Both
are
true
d.
Neither
of
two
8. Insurable interest can be created
ANSWERS
1
2
3
4
5
6
7
8
d
b
b
d
b
d
a
d