- 5 Marks
BCL – Nov 2024 – L1 – Q4d – Utmost Good Faith in Insurance
Explanation of the principle of utmost good faith in insurance contracts.
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A person is said to have insurable interest in an insured person, thing, or event when
A. He is related by affinity to the insured
B. The insured is the property of the person
C. The insured is a chattel
D. He stands to gain or profit in his/its preservation and to suffer loss or damage in his/its destruction
E. The insured could go into extinction by usage
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An insurance policy creates rights in favour of the contracting parties, which are assignable.
Required:
i. Explain briefly ‘assignment of insurance policy’ and a situation in which an assignment of insurance becomes a legal assignment (2 Marks).
ii. Why is it not possible to transfer the rights in an insurance policy by delivery, and when is a marine insurance policy not assignable? (3 Marks)
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Required:
State the applicable law and advise the parties. (5 Marks)
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Under insurance contract, which principle states that a person must stand to gain from the preservation of the subject matter or suffer loss from its destruction?
A. Insurable interest
B. Insurance credit rule
C. Cover note policy
D. Indemnity principle
E. Insurance payment policy
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Your audit firm is auditing the current year’s financial statements of a major client in the insurance industry. At the planning stage when the engagement partner was doing the risk assessment, he had information that the company is under investigation by the National Insurance Commission for non-compliance with regulations. The client may be liable to sanctions if found culpable.
Non-compliance with laws and regulations has many implications for the operations of entities, their financial statements, and the audit of their financial statements.
Required:
i) Discuss the implications of the suspected non-compliance with the insurance law by the client on its operations and the financial statements. (5 marks)
ii) Evaluate the implications of the client’s non-compliance with the Insurance law on your audit. (5 marks)
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