Exam 8: Insurance Contracts

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"Actual cash value" means "historical cost less depreciation."

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False

Which of the following is correct concerning when insurable interest must exist?

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D

The principle of utmost good faith

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C

Explain what a contract of adhesion is. How does the doctrine of reasonable expectations influence adhesion?

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An affirmative warranty states that:

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Evan has his house insured for $200,000. He sells the house to Ann for $225,000. Three days after the sale is complete the house is destroyed by fire. Evan has not canceled his homeowner's insurance policy,so he decides to file a claim for losses caused by the fire. What will most likely happen?

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If an insured has actual cash value coverage,how much would he collect given the following facts? 1) replacement cost of the building is $200,000, 2) replacement cost of the loss is $30,000, 3) estimated total useful life is 30 years,and, 4) building has been in use 15 years.

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In most property insurance contracts assignment is:

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Willy Dye goes applies for life insurance. The agent takes Willy's application and his first premium payment,and issues Willy a conditional receipt for the payment. The next day Willy is run over by a sewage truck and killed. An autopsy shows that Willy was in excellent physical condition,and would thus have been issued an insurance policy had he lived. What will the insurer do?

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Joe has a dispute with his insurance company regarding how much he is entitled to recover on a claim. Joe believes he is entitled to get $8,000 based upon his interpretation of the policy wording. The insurer says the claim is not covered by the policy. Joe sues and a court of law decides that the policy wording is vague and ambiguous,and rules that the loss IS covered. What legal characteristic of insurance resulted in the court's decision?

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Choose the best example of a promissory warranty:

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Which of the following is false concerning concealment?

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The parol evidence rule

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Which one of the following is true concerning consideration in property insurance?

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Shicara owns a jewelry store. In exchange for a discount on her burglary insurance premium,she promises the insurer that her trained guard dog will be on the premises at all times,even when the store is closed. One evening she takes the dog home with her instead of leaving him at the store,and a burgler breaks in and steals everything. The insurance company finds out the dog wasn't in the store when the burglary happened,and denies the claim. WHY does the insurer do this?

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Under a contract of adhesion:

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While driving home from work,Bailey's car is struck from behind by a van full of drunken college students. Asimov is the driver of the van. The resulting damage to Bailey's car totals $7,000. Bailey files a claim under his own auto insurance policy to have his car repaired,but his insurance policy only covers $6,000 of the $7,000 loss. Bailey pays the remaining $1,000 of the loss out of his pocket. Which of the following is a true statement?

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What is the doctrine of utmost good faith? What situations arise out of its application? Explain.

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Jerry has a property insurance policy on a building that would cost $200,000 to replace. His insurance policy is written on an actual cash value basis. His building suffers fire damage that has a replacement cost of $50,000. The building is 2 years old,with an estimate useful life of 20 years. How much will he collect for the fire damage?

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Luis arrives home from work one day to discover that his apartment building is on fire. He drives directly to an insurance agency to buy renters insurance,since he realized he didn't have coverage for this loss. Luis does not tell his agent that the building is on fire. There is also not a question on the application for coverage that asks if Luis's apartment is currently on fire. Luis pays the first premium,and the agent issues a coverage binder. Which of the following statements is/are true? I. Luis committed a misrepresentation,so coverage may be voided at the option of the insurer II.Luis breached a warranty,but the insurer will have to prove he did so fraudulently in order to deny coverage III.Luis committed a concealment that was material to the risk,thus his coverage can be voided by the insurer as long as the insurer can prove that he concealed the fact with fraudulent intentions

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