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Question 1 of 30
1. Question
During a comprehensive review of a process that needs improvement, a travel insurance policyholder experienced significant losses due to a severe storm. It was later discovered that the Hong Kong Observatory had issued widespread public warnings about the impending storm through all major media channels several days in advance, advising residents to take necessary precautions. The policyholder, despite being aware of these warnings, did not take any action to secure their property. Under which of the following general exclusions might the insurer potentially deny the claim for these losses?
Correct
This question tests the understanding of general exclusions in travel insurance policies, specifically focusing on the insured’s responsibility to take precautions. Clause (c)(v) of the provided text states that a general exclusion includes the insured’s failure to take precautions following warning through general mass media of intended strike, riot, civil commotion, natural disasters, or epidemic. Therefore, if an insured person ignores a widely publicized warning about an impending natural disaster and subsequently suffers losses due to it, the insurer may deny the claim based on this exclusion. Option (b) is incorrect because while failure to safeguard property is an exclusion, it’s not specifically tied to mass media warnings. Option (c) is incorrect as it relates to admitting liability to a third party, a different claims procedure. Option (d) is incorrect because it refers to travel against medical advice, which is a separate exclusion.
Incorrect
This question tests the understanding of general exclusions in travel insurance policies, specifically focusing on the insured’s responsibility to take precautions. Clause (c)(v) of the provided text states that a general exclusion includes the insured’s failure to take precautions following warning through general mass media of intended strike, riot, civil commotion, natural disasters, or epidemic. Therefore, if an insured person ignores a widely publicized warning about an impending natural disaster and subsequently suffers losses due to it, the insurer may deny the claim based on this exclusion. Option (b) is incorrect because while failure to safeguard property is an exclusion, it’s not specifically tied to mass media warnings. Option (c) is incorrect as it relates to admitting liability to a third party, a different claims procedure. Option (d) is incorrect because it refers to travel against medical advice, which is a separate exclusion.
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Question 2 of 30
2. Question
When assessing insurance claims, certain policy features can result in a payout that surpasses the direct financial loss experienced by the insured. Considering the principle of indemnity, which three of the following policy provisions are most likely to lead to a claim settlement exceeding the actual value of the loss?
Correct
The question tests the understanding of policy provisions that can lead to a payout exceeding the actual loss incurred (i.e., more than indemnity). ‘New for Old’ cover means that if an item is damaged, it is replaced with a new one, regardless of the age or depreciation of the original item, thus potentially providing a benefit greater than the indemnity for the lost item. Agreed value policies fix the value of the insured item at the outset, meaning the payout will be this agreed amount, even if the market value at the time of loss is lower. Reinstatement insurance allows the insurer to repair or replace the damaged property to its pre-loss condition, which can also result in a payout exceeding the actual cash value if the cost of replacement is higher than the depreciated value. The condition of average, conversely, is a clause designed to prevent over-insurance and ensure that the payout is proportionate to the sum insured relative to the actual value of the property, thus enforcing the principle of indemnity.
Incorrect
The question tests the understanding of policy provisions that can lead to a payout exceeding the actual loss incurred (i.e., more than indemnity). ‘New for Old’ cover means that if an item is damaged, it is replaced with a new one, regardless of the age or depreciation of the original item, thus potentially providing a benefit greater than the indemnity for the lost item. Agreed value policies fix the value of the insured item at the outset, meaning the payout will be this agreed amount, even if the market value at the time of loss is lower. Reinstatement insurance allows the insurer to repair or replace the damaged property to its pre-loss condition, which can also result in a payout exceeding the actual cash value if the cost of replacement is higher than the depreciated value. The condition of average, conversely, is a clause designed to prevent over-insurance and ensure that the payout is proportionate to the sum insured relative to the actual value of the property, thus enforcing the principle of indemnity.
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Question 3 of 30
3. Question
During a comprehensive review of a process that needs improvement, a client expresses concern about a newly purchased travel insurance policy. They feel they did not fully grasp the policy’s implications at the time of purchase and wish to reconsider their decision. Under Hong Kong insurance regulations, what is the primary right afforded to the policyholder in such a situation to address their concerns after receiving the policy documents?
Correct
This question tests the understanding of the ‘period of free look’ in insurance contracts, a concept mandated by regulations to protect policyholders. The Insurance Companies Ordinance (Cap. 41) and its subsidiary legislation, such as the Insurance (General Business) Regulation, stipulate that policyholders have a right to review their insurance policy after it has been issued. During this period, they can cancel the policy and receive a refund of any premiums paid, subject to certain conditions like the absence of claims. This provision ensures that individuals have adequate time to understand the terms and conditions of their coverage and make an informed decision, preventing mis-selling or misunderstandings.
Incorrect
This question tests the understanding of the ‘period of free look’ in insurance contracts, a concept mandated by regulations to protect policyholders. The Insurance Companies Ordinance (Cap. 41) and its subsidiary legislation, such as the Insurance (General Business) Regulation, stipulate that policyholders have a right to review their insurance policy after it has been issued. During this period, they can cancel the policy and receive a refund of any premiums paid, subject to certain conditions like the absence of claims. This provision ensures that individuals have adequate time to understand the terms and conditions of their coverage and make an informed decision, preventing mis-selling or misunderstandings.
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Question 4 of 30
4. Question
During a comprehensive review of a travel insurance policy, a client inquires about coverage for a cancelled cruise. The cruise was cancelled by the tour operator due to unforeseen logistical challenges, not due to any of the client’s personal circumstances or events at the destination. The insurer denied the claim, stating that the cancellation was not due to a ‘named peril.’ Based on the principles of trip cancellation insurance as typically structured under Hong Kong regulations, what is the most accurate justification for the insurer’s decision?
Correct
This question tests the understanding of the ‘named perils’ basis of trip cancellation cover. The scenario describes a cancellation due to the cruise company’s operational issues. According to the provided text, trip cancellation cover is typically on a named perils basis, meaning it only covers specific, listed causes. Operational reasons for cancellation by the cruise company are not listed as insured perils. Therefore, the insurer is correct to reject the claim because the cause of cancellation does not fall under the specified insured events such as death, serious sickness, jury duty, or epidemics. The other options are incorrect because they either misinterpret the basis of cover (all risks) or suggest coverage for events not explicitly mentioned as insured perils in the context of trip cancellation.
Incorrect
This question tests the understanding of the ‘named perils’ basis of trip cancellation cover. The scenario describes a cancellation due to the cruise company’s operational issues. According to the provided text, trip cancellation cover is typically on a named perils basis, meaning it only covers specific, listed causes. Operational reasons for cancellation by the cruise company are not listed as insured perils. Therefore, the insurer is correct to reject the claim because the cause of cancellation does not fall under the specified insured events such as death, serious sickness, jury duty, or epidemics. The other options are incorrect because they either misinterpret the basis of cover (all risks) or suggest coverage for events not explicitly mentioned as insured perils in the context of trip cancellation.
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Question 5 of 30
5. Question
During a comprehensive review of a process that needs improvement, a traveller’s baggage was delayed for 12 hours after arriving at their destination. The airline was responsible for an initial 2-hour delay. The remaining 10-hour delay was due to the hotel misdirecting the delivery of the baggage to the traveller. If the policy’s Baggage Delay section has a time franchise of 10 hours and covers delays or misdirection by a common carrier, which part of the delay would be considered covered?
Correct
The Baggage Delay section of a travel insurance policy typically covers expenses incurred due to the temporary loss of baggage for a specified minimum period after arrival at the destination. This period is often referred to as a ‘time franchise’. The policy wording specifies that the delay must be caused by the common carrier. In this scenario, the delay was caused by the hotel’s misdirection, not the airline. Therefore, the delay caused by the hotel would not be covered under the Baggage Delay section, as it is not a delay or misdirection by a common carrier.
Incorrect
The Baggage Delay section of a travel insurance policy typically covers expenses incurred due to the temporary loss of baggage for a specified minimum period after arrival at the destination. This period is often referred to as a ‘time franchise’. The policy wording specifies that the delay must be caused by the common carrier. In this scenario, the delay was caused by the hotel’s misdirection, not the airline. Therefore, the delay caused by the hotel would not be covered under the Baggage Delay section, as it is not a delay or misdirection by a common carrier.
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Question 6 of 30
6. Question
During a comprehensive review of a travel insurance claim, an insured person who curtailed their trip due to a traffic accident in Singapore sought reimbursement for an executive class air ticket for their return journey. They argued that an economy class ticket was only available for a flight departing an hour later, and their medical condition necessitated immediate return. However, the policy document clearly stipulates that additional public transportation expenses for trip curtailment are indemnified based on the economy class fare. Which of the following best reflects the insurer’s obligation regarding the reimbursement?
Correct
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in curtailing the trip, did not necessitate an upgrade to executive class for a flight departing only one hour later, especially when an economy class option was available for the immediately available flight. Therefore, the insurer is only obligated to cover the economy class fare as per the policy terms.
Incorrect
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in curtailing the trip, did not necessitate an upgrade to executive class for a flight departing only one hour later, especially when an economy class option was available for the immediately available flight. Therefore, the insurer is only obligated to cover the economy class fare as per the policy terms.
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Question 7 of 30
7. Question
When considering the application of Hong Kong’s primary legislation governing the handling of personal information, which of the following best describes its jurisdictional reach?
Correct
The Personal Data (Privacy) Ordinance (PDPO) in Hong Kong is a comprehensive piece of legislation designed to protect the privacy of individuals by regulating the collection, holding, processing, and use of their personal data. Its scope is not limited to either the public or private sector exclusively. Instead, it applies broadly to any person or organization that collects and handles personal data, regardless of whether they are a government body, a statutory corporation, or a private enterprise. Therefore, both public and private sectors fall under the purview of the PDPO.
Incorrect
The Personal Data (Privacy) Ordinance (PDPO) in Hong Kong is a comprehensive piece of legislation designed to protect the privacy of individuals by regulating the collection, holding, processing, and use of their personal data. Its scope is not limited to either the public or private sector exclusively. Instead, it applies broadly to any person or organization that collects and handles personal data, regardless of whether they are a government body, a statutory corporation, or a private enterprise. Therefore, both public and private sectors fall under the purview of the PDPO.
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Question 8 of 30
8. Question
During a comprehensive review of a process that needs improvement, a travel insurance policy’s baggage and personal effects section was examined. An insured reported damage to a glass souvenir purchased abroad, which was discovered upon arrival. The insurer declined the claim, citing a specific exclusion within the policy. Based on typical insurance provisions for personal effects, what is the most likely reason for the insurer’s denial?
Correct
The scenario describes a situation where an insured’s glass ornament was damaged during transit. The insurer denied the claim based on a policy exclusion for ‘fragile articles’. Case 28 in the provided material explicitly states that insurers typically classify glass items as fragile for the purpose of such exclusions. Therefore, the insurer’s denial is consistent with the policy terms and common industry practice regarding fragile items.
Incorrect
The scenario describes a situation where an insured’s glass ornament was damaged during transit. The insurer denied the claim based on a policy exclusion for ‘fragile articles’. Case 28 in the provided material explicitly states that insurers typically classify glass items as fragile for the purpose of such exclusions. Therefore, the insurer’s denial is consistent with the policy terms and common industry practice regarding fragile items.
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Question 9 of 30
9. Question
During a comprehensive review of a process that needs improvement, a company’s purchasing department has an employee who, while not having explicit written authority to finalize all contracts, has consistently been allowed by management to negotiate terms and sign purchase orders with regular suppliers. A new supplier, unaware of the internal limitations, enters into a significant agreement with this employee based on their past interactions and the company’s lack of explicit disclaimers. Under the principles of agency law relevant to the IIQE syllabus, what legal basis could bind the company to this agreement?
Correct
Apparent authority arises when a principal’s actions lead a third party to reasonably believe that an agent has the authority to act on their behalf, even if that authority hasn’t been explicitly granted. This is distinct from estoppel, which applies when someone is held out as an agent without any authority at all. In this scenario, the principal’s consistent allowance of the employee to negotiate terms and sign agreements, without explicitly revoking this perceived power, creates an appearance of authority in the eyes of the supplier. Therefore, the principal is bound by the agreement because the supplier reasonably relied on this apparent authority.
Incorrect
Apparent authority arises when a principal’s actions lead a third party to reasonably believe that an agent has the authority to act on their behalf, even if that authority hasn’t been explicitly granted. This is distinct from estoppel, which applies when someone is held out as an agent without any authority at all. In this scenario, the principal’s consistent allowance of the employee to negotiate terms and sign agreements, without explicitly revoking this perceived power, creates an appearance of authority in the eyes of the supplier. Therefore, the principal is bound by the agreement because the supplier reasonably relied on this apparent authority.
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Question 10 of 30
10. Question
During a comprehensive review of a process that needs improvement, a policyholder lodged a complaint with the Insurance Claims Complaints Bureau (ICCB) regarding a disputed claim settlement. The insurer had issued its final decision on the claim seven months prior to the policyholder filing the complaint. Based on the ICCB’s terms of reference, what is the likely outcome for this complaint?
Correct
The Insurance Claims Complaints Bureau (ICCB) has specific terms of reference for handling complaints. One of these is that the complaint must be filed within six months from the date the insurer provides its final decision on the claim. If the complaint is filed after this period, the ICCB cannot consider it, regardless of whether the insurer is a member or the policy type. Therefore, a complaint filed seven months after the final decision notification would be outside the ICCB’s jurisdiction.
Incorrect
The Insurance Claims Complaints Bureau (ICCB) has specific terms of reference for handling complaints. One of these is that the complaint must be filed within six months from the date the insurer provides its final decision on the claim. If the complaint is filed after this period, the ICCB cannot consider it, regardless of whether the insurer is a member or the policy type. Therefore, a complaint filed seven months after the final decision notification would be outside the ICCB’s jurisdiction.
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Question 11 of 30
11. Question
During a comprehensive review of a travel insurance policy, a client inquires about coverage for a trip to Country X that was unexpectedly cancelled due to a sudden government decree prohibiting entry for citizens of the client’s home country. The policy document outlines specific events that trigger trip cancellation benefits, including severe illness of the insured or a close relative, or a mandatory court appearance. The insurer has denied the claim, stating the cancellation reason is not an insured peril. Based on the principles of trip cancellation insurance as typically structured, what is the most accurate assessment of the insurer’s position?
Correct
This question tests the understanding of the ‘named perils’ basis of trip cancellation cover. The scenario describes a situation where the insured’s trip was cancelled due to a government-imposed travel ban. The provided text explicitly states that trip cancellation cover is typically on a ‘named perils’ basis, meaning only specific, listed causes of cancellation are covered. The Malaysian government’s refusal of entry, while a valid reason for cancellation, is not listed as one of the usual insured perils (such as death, serious illness, jury duty, or damage to home). Therefore, the insurer is justified in rejecting the claim because the cause of cancellation does not fall under the specified perils covered by the policy.
Incorrect
This question tests the understanding of the ‘named perils’ basis of trip cancellation cover. The scenario describes a situation where the insured’s trip was cancelled due to a government-imposed travel ban. The provided text explicitly states that trip cancellation cover is typically on a ‘named perils’ basis, meaning only specific, listed causes of cancellation are covered. The Malaysian government’s refusal of entry, while a valid reason for cancellation, is not listed as one of the usual insured perils (such as death, serious illness, jury duty, or damage to home). Therefore, the insurer is justified in rejecting the claim because the cause of cancellation does not fall under the specified perils covered by the policy.
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Question 12 of 30
12. Question
During a comprehensive review of a policy covering personal effects, an insured experienced the loss of a digital camera and its memory card. The policy stipulated a limit of HK$3,000 for each item, pair, or set, with a specific clause stating that ‘camera body, lenses and accessories will be treated as a set.’ The insured argued that since the camera and memory card were bought on different invoices, they should be considered separate items. However, the insurer maintained that the HK$3,000 limit applied to both items combined. Which of the following best justifies the insurer’s position based on the policy’s wording and common interpretation of ‘accessories’ in such contexts?
Correct
The policy explicitly states that a camera body, lenses, and accessories are to be treated as a set for the purpose of the article limit. The memory card, while a separate purchase, is functionally dependent on the camera and serves as an accessory to its operation. Case 30 highlights that items considered accessories, even if purchased separately, fall under the set limit if they are integral to the primary item’s function and cannot operate independently. Therefore, the insurer correctly applied the HK$3,000 limit to the combined value of the camera and memory card.
Incorrect
The policy explicitly states that a camera body, lenses, and accessories are to be treated as a set for the purpose of the article limit. The memory card, while a separate purchase, is functionally dependent on the camera and serves as an accessory to its operation. Case 30 highlights that items considered accessories, even if purchased separately, fall under the set limit if they are integral to the primary item’s function and cannot operate independently. Therefore, the insurer correctly applied the HK$3,000 limit to the combined value of the camera and memory card.
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Question 13 of 30
13. Question
During a comprehensive review of a process that needs improvement, an individual is identified as a potential Responsible Officer for a new insurance agency. This individual has extensive experience in the insurance sector but has not yet completed the formal registration process with the Insurance Agents Registration Board (IARB). According to the relevant regulations, what is the most appropriate action for this individual to take regarding their professional designation?
Correct
The scenario highlights a critical aspect of regulatory compliance for individuals acting as Responsible Officers or Technical Representatives for insurance agents. The Insurance Authority (IA) and the Insurance Agents Registration Board (IARB) have specific registration requirements. Holding oneself out as a Responsible Officer or Technical Representative before formal registration with the IARB is explicitly stated as a potential breach of the Code. This breach can negatively impact the ‘fitness and properness’ assessment of the individual and the appointing insurance agent. Therefore, the correct course of action is to await the official confirmation of registration from the IARB before assuming such roles or advertising one’s capacity as such.
Incorrect
The scenario highlights a critical aspect of regulatory compliance for individuals acting as Responsible Officers or Technical Representatives for insurance agents. The Insurance Authority (IA) and the Insurance Agents Registration Board (IARB) have specific registration requirements. Holding oneself out as a Responsible Officer or Technical Representative before formal registration with the IARB is explicitly stated as a potential breach of the Code. This breach can negatively impact the ‘fitness and properness’ assessment of the individual and the appointing insurance agent. Therefore, the correct course of action is to await the official confirmation of registration from the IARB before assuming such roles or advertising one’s capacity as such.
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Question 14 of 30
14. Question
When a small business owner in Hong Kong decides to purchase a comprehensive property insurance policy to cover potential damage from a typhoon, which primary function of insurance is they are most directly utilizing?
Correct
Insurance primarily functions as a risk transfer mechanism, allowing individuals and businesses to shift the potential financial burden of unforeseen events to an insurer in exchange for a premium. This transfer provides financial security and stability, enabling individuals to cope with losses and businesses to continue operations after significant adverse events. While insurance offers various ancillary benefits like employment and loss control, its core purpose is to mitigate the financial impact of risk.
Incorrect
Insurance primarily functions as a risk transfer mechanism, allowing individuals and businesses to shift the potential financial burden of unforeseen events to an insurer in exchange for a premium. This transfer provides financial security and stability, enabling individuals to cope with losses and businesses to continue operations after significant adverse events. While insurance offers various ancillary benefits like employment and loss control, its core purpose is to mitigate the financial impact of risk.
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Question 15 of 30
15. Question
During a client meeting, Ms. Lee, an insurance intermediary, knowingly provides false information about her professional qualifications to secure a life insurance policy for a prospective client. Her colleague, Mr. Chan, who is also an intermediary and is present during the meeting, is aware of Ms. Lee’s misrepresentation but remains silent and does not report the incident. According to the principles of criminal law concerning participation in offenses, what is Mr. Chan’s likely legal position regarding Ms. Lee’s actions?
Correct
This question tests the understanding of secondary participation in criminal offenses within the insurance industry context, as outlined in the provided text. The scenario describes an insurance intermediary, Mr. Chan, who is aware that his colleague, Ms. Lee, is misrepresenting her qualifications to a client to secure a policy. By not intervening or reporting this misconduct, Mr. Chan is passively enabling Ms. Lee’s fraudulent activity. Under the principles of secondary participation, aiding or abetting a crime can lead to equal culpability as the principal offender. Therefore, Mr. Chan’s inaction, given his knowledge and the potential for him to prevent the offense, constitutes aiding and abetting the fraud, making him liable under the relevant legislation, such as Section 77(1) of the Insurance Ordinance, which addresses offenses related to misrepresentation in insurance transactions. The other options are incorrect because they either misinterpret the concept of secondary participation (e.g., suggesting only direct involvement is punishable) or incorrectly assign responsibility (e.g., implying the client is solely responsible for verifying qualifications, or that the insurer is automatically liable for the intermediary’s actions without further context).
Incorrect
This question tests the understanding of secondary participation in criminal offenses within the insurance industry context, as outlined in the provided text. The scenario describes an insurance intermediary, Mr. Chan, who is aware that his colleague, Ms. Lee, is misrepresenting her qualifications to a client to secure a policy. By not intervening or reporting this misconduct, Mr. Chan is passively enabling Ms. Lee’s fraudulent activity. Under the principles of secondary participation, aiding or abetting a crime can lead to equal culpability as the principal offender. Therefore, Mr. Chan’s inaction, given his knowledge and the potential for him to prevent the offense, constitutes aiding and abetting the fraud, making him liable under the relevant legislation, such as Section 77(1) of the Insurance Ordinance, which addresses offenses related to misrepresentation in insurance transactions. The other options are incorrect because they either misinterpret the concept of secondary participation (e.g., suggesting only direct involvement is punishable) or incorrectly assign responsibility (e.g., implying the client is solely responsible for verifying qualifications, or that the insurer is automatically liable for the intermediary’s actions without further context).
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Question 16 of 30
16. Question
During a comprehensive review of a process that needs improvement, an applicant for a new motor insurance policy omits to mention that a previous policy was cancelled due to non-payment of premiums. This information is considered material as it would have influenced the insurer’s assessment of the risk. According to the principles governing insurance contracts in Hong Kong, what is the most likely consequence for the insurer upon discovering this non-disclosure?
Correct
This question tests the understanding of ‘Utmost Good Faith’ in insurance contracts, a fundamental principle. The scenario describes a situation where an applicant fails to disclose a material fact (a previous policy cancellation) that would influence the insurer’s decision. This omission, even if unintentional, violates the duty of utmost good faith. The insurer, upon discovering this non-disclosure, has the right to void the policy from its inception, as the contract was based on incomplete and misleading information. Options B, C, and D describe other legal concepts or potential outcomes that are not the primary consequence of a breach of utmost good faith in this context. Waiving the breach (Option B) would require the insurer to actively overlook the non-disclosure. Claiming damages (Option C) is typically for losses incurred due to a breach, not the breach itself. Vicarious liability (Option D) relates to responsibility for another’s actions, which is irrelevant here.
Incorrect
This question tests the understanding of ‘Utmost Good Faith’ in insurance contracts, a fundamental principle. The scenario describes a situation where an applicant fails to disclose a material fact (a previous policy cancellation) that would influence the insurer’s decision. This omission, even if unintentional, violates the duty of utmost good faith. The insurer, upon discovering this non-disclosure, has the right to void the policy from its inception, as the contract was based on incomplete and misleading information. Options B, C, and D describe other legal concepts or potential outcomes that are not the primary consequence of a breach of utmost good faith in this context. Waiving the breach (Option B) would require the insurer to actively overlook the non-disclosure. Claiming damages (Option C) is typically for losses incurred due to a breach, not the breach itself. Vicarious liability (Option D) relates to responsibility for another’s actions, which is irrelevant here.
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Question 17 of 30
17. Question
During a comprehensive review of a policy covering personal effects, an insured reported the loss of a digital camera and its memory card, both valued at HK$4,500. The policy contains a clause stipulating that the maximum liability for any single item, pair, or set is HK$3,000, and explicitly defines a camera body, lenses, and accessories as constituting a set. The insured argued that since the memory card was purchased separately, it should be considered an independent item. However, the memory card is essential for the camera’s operation and cannot be used without it. Based on the policy’s wording and the functional relationship between the items, how should the insurer assess the claim?
Correct
The policy explicitly states that a camera body, lenses, and accessories are to be treated as a set for the purpose of the article limit. The memory card, while a separate purchase, is functionally an accessory to the digital camera, as the camera cannot operate without it, and the memory card’s primary purpose is to store images from that camera. Case 30 highlights that items which are essential for the primary function of another item and cannot be used independently are considered part of a set. Therefore, the HK$3,000 limit applies to the combined value of the camera and the memory card.
Incorrect
The policy explicitly states that a camera body, lenses, and accessories are to be treated as a set for the purpose of the article limit. The memory card, while a separate purchase, is functionally an accessory to the digital camera, as the camera cannot operate without it, and the memory card’s primary purpose is to store images from that camera. Case 30 highlights that items which are essential for the primary function of another item and cannot be used independently are considered part of a set. Therefore, the HK$3,000 limit applies to the combined value of the camera and the memory card.
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Question 18 of 30
18. Question
During a comprehensive review of a process that needs improvement, a proposer for a commercial fire insurance policy omitted the fact that their premises were equipped with an advanced, automated sprinkler system. This system, if disclosed, would have significantly reduced the calculated premium. The insurer later discovered this omission. Under the principles of utmost good faith as applied in Hong Kong insurance law, what is the primary implication of this omission?
Correct
The duty of utmost good faith, also known as ‘uberrimae fidei’, requires both the proposer and the insurer to act with complete honesty and transparency. A proposer is obligated to disclose all material facts that would influence a prudent insurer’s decision regarding premium calculation or risk acceptance. A material fact is defined as any circumstance that would influence the judgment of a prudent insurer in fixing the premium or determining whether to accept the risk. While the proposer has a duty to disclose, the insurer also has a reciprocal duty. However, the question focuses on the proposer’s duty. A breach of this duty can occur through misrepresentation (providing false information) or non-disclosure (failing to provide material information). The scenario describes a situation where the proposer fails to disclose a fact that, if known, would have led to a higher premium. This failure to disclose a fact that influences premium calculation constitutes a breach of the duty of utmost good faith. Option B is incorrect because while insurers may waive innocent or negligent breaches, the scenario implies a failure to disclose a fact that would affect the premium, which is a core aspect of utmost good faith. Option C is incorrect as the duty of utmost good faith applies to the proposer’s disclosure of material facts, not the insurer’s internal risk assessment processes. Option D is incorrect because while the insurer’s underwriting guidelines are important, the fundamental legal duty of utmost good faith is based on the influence on a ‘prudent insurer’, not specific internal policies that might be more or less stringent.
Incorrect
The duty of utmost good faith, also known as ‘uberrimae fidei’, requires both the proposer and the insurer to act with complete honesty and transparency. A proposer is obligated to disclose all material facts that would influence a prudent insurer’s decision regarding premium calculation or risk acceptance. A material fact is defined as any circumstance that would influence the judgment of a prudent insurer in fixing the premium or determining whether to accept the risk. While the proposer has a duty to disclose, the insurer also has a reciprocal duty. However, the question focuses on the proposer’s duty. A breach of this duty can occur through misrepresentation (providing false information) or non-disclosure (failing to provide material information). The scenario describes a situation where the proposer fails to disclose a fact that, if known, would have led to a higher premium. This failure to disclose a fact that influences premium calculation constitutes a breach of the duty of utmost good faith. Option B is incorrect because while insurers may waive innocent or negligent breaches, the scenario implies a failure to disclose a fact that would affect the premium, which is a core aspect of utmost good faith. Option C is incorrect as the duty of utmost good faith applies to the proposer’s disclosure of material facts, not the insurer’s internal risk assessment processes. Option D is incorrect because while the insurer’s underwriting guidelines are important, the fundamental legal duty of utmost good faith is based on the influence on a ‘prudent insurer’, not specific internal policies that might be more or less stringent.
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Question 19 of 30
19. Question
During a comprehensive review of a process that needs improvement, a registered insurance agent is assisting a potential client in completing a proposal form for a life insurance policy. The agent, aiming to ensure accuracy and compliance with regulatory guidelines, must prioritize the client’s independent and truthful disclosure. Which of the following actions best reflects the agent’s responsibility in this scenario, as stipulated by the relevant conduct regulations?
Correct
The scenario highlights a situation where a registered insurance agent is assisting a potential policyholder with a proposal form. According to the Code of Practice for the Administration of Insurance Agents, specifically section 5/32 (b)(1), a registered person must refrain from influencing the potential policyholder and must make it clear that the answers provided are the policyholder’s own responsibility. This ensures the integrity of the application process and prevents misrepresentation. Option (a) directly reflects this requirement by emphasizing the agent’s duty to avoid undue influence and clarify the applicant’s accountability for the information provided. Option (b) is incorrect because while explaining consequences of fraud is important (as per 5/32 (b)(2)), the primary focus of the agent’s role in filling the form is to facilitate accurate disclosure without coercion. Option (c) is incorrect as the agent’s role is to assist, not to fill in the form on behalf of the applicant, which could be seen as influencing or misrepresenting the applicant’s own statements. Option (d) is incorrect because while the agent must be competent (as per 5/31 (5)), the core principle in assisting with a proposal is about ensuring the applicant’s independent and responsible input, not about the agent’s personal knowledge of the applicant’s financial situation, which is for the applicant to disclose.
Incorrect
The scenario highlights a situation where a registered insurance agent is assisting a potential policyholder with a proposal form. According to the Code of Practice for the Administration of Insurance Agents, specifically section 5/32 (b)(1), a registered person must refrain from influencing the potential policyholder and must make it clear that the answers provided are the policyholder’s own responsibility. This ensures the integrity of the application process and prevents misrepresentation. Option (a) directly reflects this requirement by emphasizing the agent’s duty to avoid undue influence and clarify the applicant’s accountability for the information provided. Option (b) is incorrect because while explaining consequences of fraud is important (as per 5/32 (b)(2)), the primary focus of the agent’s role in filling the form is to facilitate accurate disclosure without coercion. Option (c) is incorrect as the agent’s role is to assist, not to fill in the form on behalf of the applicant, which could be seen as influencing or misrepresenting the applicant’s own statements. Option (d) is incorrect because while the agent must be competent (as per 5/31 (5)), the core principle in assisting with a proposal is about ensuring the applicant’s independent and responsible input, not about the agent’s personal knowledge of the applicant’s financial situation, which is for the applicant to disclose.
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Question 20 of 30
20. Question
During a group tour, an insured person accidentally broke a decorative item belonging to the hotel where they were staying. The insured immediately reported the incident to the hotel management and offered to pay for the damage. The travel insurance policy includes a section on personal liability, which covers accidental loss or damage to a third party’s property. However, the policy also contains specific exclusions. Which of the following exclusions would most likely apply to this situation, preventing the insurer from covering the cost of the damaged item?
Correct
This question tests the understanding of personal liability coverage under travel insurance, specifically focusing on the exclusions. The scenario describes damage to a hotel’s property, which falls under third-party property damage. However, the policy explicitly excludes liability for damage to property that is in the care, custody, or control of the insured person. In this case, the hotel’s property (the table lamp) was in the insured’s temporary possession and under their care while staying at the hotel, thus falling under this exclusion. Therefore, the insurer is not obligated to cover this loss, even if the insured had notified them.
Incorrect
This question tests the understanding of personal liability coverage under travel insurance, specifically focusing on the exclusions. The scenario describes damage to a hotel’s property, which falls under third-party property damage. However, the policy explicitly excludes liability for damage to property that is in the care, custody, or control of the insured person. In this case, the hotel’s property (the table lamp) was in the insured’s temporary possession and under their care while staying at the hotel, thus falling under this exclusion. Therefore, the insurer is not obligated to cover this loss, even if the insured had notified them.
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Question 21 of 30
21. Question
During a comprehensive review of a process that needs improvement, an insurance company’s underwriting agent, explicitly instructed not to accept cargo risks for West Africa, repeatedly granted temporary cover for such risks to a client. These instances were followed by the company issuing the actual policies for these risks. If the client, relying on this established pattern of the company issuing policies for these previously accepted risks, enters into a similar transaction with the agent, under which legal principle would the insurer likely be bound by the agent’s actions?
Correct
This question tests the understanding of apparent authority, a key concept in agency law relevant to the IIQE syllabus. Apparent authority arises when a principal’s actions lead a third party to reasonably believe that an agent has the authority to act on the principal’s behalf, even if the agent lacks actual authority. In this scenario, the insurer (principal) consistently issued policies for cargo risks to West Africa, despite explicitly forbidding the underwriting agent from accepting such risks. This pattern of conduct, where the principal ratified the agent’s unauthorized actions by issuing policies, creates a reasonable belief in the client that the agent possessed the authority to grant temporary cover for these risks. Therefore, the insurer would be bound by the agent’s future actions based on this apparent authority, as the client’s reliance on the principal’s past conduct is justified. Option B is incorrect because agency by estoppel requires a representation by the principal that the agent has authority, which is not the primary basis here; the insurer’s actions (issuing policies) are the manifestation. Option C is incorrect as authority of necessity applies in urgent situations where communication is impossible, which is not described. Option D is incorrect because while the agent owes duties to the principal, the question focuses on the principal’s liability to the third party due to the agent’s actions under apparent authority.
Incorrect
This question tests the understanding of apparent authority, a key concept in agency law relevant to the IIQE syllabus. Apparent authority arises when a principal’s actions lead a third party to reasonably believe that an agent has the authority to act on the principal’s behalf, even if the agent lacks actual authority. In this scenario, the insurer (principal) consistently issued policies for cargo risks to West Africa, despite explicitly forbidding the underwriting agent from accepting such risks. This pattern of conduct, where the principal ratified the agent’s unauthorized actions by issuing policies, creates a reasonable belief in the client that the agent possessed the authority to grant temporary cover for these risks. Therefore, the insurer would be bound by the agent’s future actions based on this apparent authority, as the client’s reliance on the principal’s past conduct is justified. Option B is incorrect because agency by estoppel requires a representation by the principal that the agent has authority, which is not the primary basis here; the insurer’s actions (issuing policies) are the manifestation. Option C is incorrect as authority of necessity applies in urgent situations where communication is impossible, which is not described. Option D is incorrect because while the agent owes duties to the principal, the question focuses on the principal’s liability to the third party due to the agent’s actions under apparent authority.
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Question 22 of 30
22. Question
During a comprehensive review of a process that needs improvement, an insurance agent is advising a potential client on a general insurance policy. Which of the following actions are considered essential components of the agent’s conduct under the relevant regulations for general insurance and restricted scope travel business?
Correct
The Conduct of Insurance Agents for General Insurance Business and Restricted Scope Travel Business mandates several key principles for agents. Firstly, agents must only offer advice when they possess the necessary expertise and knowledge to do so competently, ensuring the client receives accurate guidance. Secondly, it is crucial for agents to clearly identify themselves and their affiliation before engaging in any business discussions, promoting transparency and trust. Thirdly, when comparing different policies, agents are obligated to explain the distinctions between them, enabling clients to make informed decisions. Finally, a fundamental duty is to clearly articulate the policy’s coverage and ensure the client comprehends what they are purchasing, thereby preventing misunderstandings and ensuring client satisfaction. All these points are essential for ethical and compliant insurance sales practices.
Incorrect
The Conduct of Insurance Agents for General Insurance Business and Restricted Scope Travel Business mandates several key principles for agents. Firstly, agents must only offer advice when they possess the necessary expertise and knowledge to do so competently, ensuring the client receives accurate guidance. Secondly, it is crucial for agents to clearly identify themselves and their affiliation before engaging in any business discussions, promoting transparency and trust. Thirdly, when comparing different policies, agents are obligated to explain the distinctions between them, enabling clients to make informed decisions. Finally, a fundamental duty is to clearly articulate the policy’s coverage and ensure the client comprehends what they are purchasing, thereby preventing misunderstandings and ensuring client satisfaction. All these points are essential for ethical and compliant insurance sales practices.
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Question 23 of 30
23. Question
During a comprehensive review of a process that needs improvement, a property insurance policyholder experiences damage to their antique furniture due to a covered peril. The insurer wishes to uphold the principle of indemnity. Which of the following methods would best align with restoring the insured to their pre-loss financial position without providing a betterment?
Correct
The principle of indemnity aims to restore the insured to the financial position they were in before the loss occurred, no more and no less. In property insurance, when a loss occurs, the insurer has several methods to provide this indemnity. Reinstatement, as a method of indemnity, involves restoring the damaged property to its condition immediately prior to the loss. This is distinct from simply paying the cash value of the damage or replacing the item with a new one, as it focuses on the physical restoration of the original item. Cash payment is a direct financial settlement, while replacement involves providing a new item, which might not be the same as the original and could lead to betterment for the insured if depreciation is not considered. Repair is a form of reinstatement but might not always restore the item to its exact pre-loss condition, especially if the damage is severe.
Incorrect
The principle of indemnity aims to restore the insured to the financial position they were in before the loss occurred, no more and no less. In property insurance, when a loss occurs, the insurer has several methods to provide this indemnity. Reinstatement, as a method of indemnity, involves restoring the damaged property to its condition immediately prior to the loss. This is distinct from simply paying the cash value of the damage or replacing the item with a new one, as it focuses on the physical restoration of the original item. Cash payment is a direct financial settlement, while replacement involves providing a new item, which might not be the same as the original and could lead to betterment for the insured if depreciation is not considered. Repair is a form of reinstatement but might not always restore the item to its exact pre-loss condition, especially if the damage is severe.
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Question 24 of 30
24. Question
When a financial institution manages a group retirement scheme where participants are assured of receiving a specific sum of money upon retirement, regardless of market performance, which specific management category under the Insurance Companies Ordinance (Cap. 41) would this arrangement primarily fall under?
Correct
This question tests the understanding of the distinction between different categories of retirement scheme management. Category G specifically covers group retirement scheme contracts that provide a guaranteed capital or return. Category H, in contrast, deals with group retirement schemes that do not offer such guarantees. Category I is for group contracts providing insurance benefits under retirement schemes, but it explicitly excludes those falling under G and H. Capital redemption business (Class F) is unrelated to retirement schemes and focuses on providing a capital sum at the end of a term to replace existing capital, often for financial obligations like debenture repayment, and is not linked to human life events.
Incorrect
This question tests the understanding of the distinction between different categories of retirement scheme management. Category G specifically covers group retirement scheme contracts that provide a guaranteed capital or return. Category H, in contrast, deals with group retirement schemes that do not offer such guarantees. Category I is for group contracts providing insurance benefits under retirement schemes, but it explicitly excludes those falling under G and H. Capital redemption business (Class F) is unrelated to retirement schemes and focuses on providing a capital sum at the end of a term to replace existing capital, often for financial obligations like debenture repayment, and is not linked to human life events.
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Question 25 of 30
25. Question
During a comprehensive review of a travel insurance policy following a claim, an insured person who curtailed their trip due to a traffic accident in Singapore sought reimbursement for an executive class air ticket for their return journey. They argued that an economy class ticket was only available on a later flight, approximately one hour after the executive class option. The insurer, however, limited the reimbursement to the economy class fare, citing policy terms that specify indemnity for additional public transportation expenses based on economy class fares for curtailment of trip and noting that an upgrade was not medically necessitated given the short delay for the economy class flight. Which of the following best explains the insurer’s position?
Correct
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in the curtailment, did not necessitate an upgrade to executive class when an economy class option was available only an hour later. The insurer’s stance aligns with the policy’s provision for economy class fares for curtailment expenses, as the insured is normally expected to travel on economy class tickets in such situations. Therefore, the insurer is correct in limiting the reimbursement to the economy class fare.
Incorrect
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in the curtailment, did not necessitate an upgrade to executive class when an economy class option was available only an hour later. The insurer’s stance aligns with the policy’s provision for economy class fares for curtailment expenses, as the insured is normally expected to travel on economy class tickets in such situations. Therefore, the insurer is correct in limiting the reimbursement to the economy class fare.
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Question 26 of 30
26. Question
During a comprehensive review of a process that needs improvement, a Registered Person (RP) who is actively involved in Risk-Specific Training Business (RSTB) has met all the Continuing Professional Development (CPD) hours stipulated for the current assessment year. According to the relevant regulations governing the maintenance of registration status, what is the primary condition for this RP to be considered qualified for continued registration for the subsequent 12-month period, assuming all other fitness and properness criteria are satisfied?
Correct
The Insurance Agents Registration Board (IARB) is responsible for assessing the compliance of Registered Persons (RPs) with Continuing Professional Development (CPD) requirements. For RPs engaged in Risk-Specific Training Business (RSTB), compliance with CPD hours for an assessment year is a prerequisite for maintaining their registration for an additional 12 months. The Guidance Note provides detailed procedures for this assessment. Failure to meet these CPD requirements can lead to disciplinary actions, including revocation of registration for a specified period, depending on the severity of the non-compliance, such as making false declarations or failing to provide proof of compliance when requested. Therefore, understanding the assessment process and the consequences of non-compliance is crucial for RPs.
Incorrect
The Insurance Agents Registration Board (IARB) is responsible for assessing the compliance of Registered Persons (RPs) with Continuing Professional Development (CPD) requirements. For RPs engaged in Risk-Specific Training Business (RSTB), compliance with CPD hours for an assessment year is a prerequisite for maintaining their registration for an additional 12 months. The Guidance Note provides detailed procedures for this assessment. Failure to meet these CPD requirements can lead to disciplinary actions, including revocation of registration for a specified period, depending on the severity of the non-compliance, such as making false declarations or failing to provide proof of compliance when requested. Therefore, understanding the assessment process and the consequences of non-compliance is crucial for RPs.
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Question 27 of 30
27. Question
When an insurance professional establishes a business entity to represent multiple insurance providers, offering advice and facilitating policy arrangements in Hong Kong, what classification best describes this operational structure under the relevant regulatory framework for insurance intermediaries?
Correct
An Insurance Agency, as defined by the Code of Conduct, is a business entity that acts as an agent or subagent for one or more insurers. This entity can be structured as a sole proprietorship, partnership, or corporation. The key distinction is that it operates as a business to advise on or arrange insurance contracts, representing insurers. An individual who solely provides advice or arranges contracts for a single insurer, without holding themselves out as a broader agency, would typically be considered an Individual Agent, not an Insurance Agency. A Responsible Officer is a specific role within an Insurance Agency, responsible for its conduct, and is not the agency itself. A Technical Representative supports an agent but is not the agency entity.
Incorrect
An Insurance Agency, as defined by the Code of Conduct, is a business entity that acts as an agent or subagent for one or more insurers. This entity can be structured as a sole proprietorship, partnership, or corporation. The key distinction is that it operates as a business to advise on or arrange insurance contracts, representing insurers. An individual who solely provides advice or arranges contracts for a single insurer, without holding themselves out as a broader agency, would typically be considered an Individual Agent, not an Insurance Agency. A Responsible Officer is a specific role within an Insurance Agency, responsible for its conduct, and is not the agency itself. A Technical Representative supports an agent but is not the agency entity.
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Question 28 of 30
28. Question
During a comprehensive review of a process that needs improvement, a financial advisor is assisting a client in transferring ownership of a property that is currently insured under a motor vehicle policy. The client wishes to transfer the entire insurance contract to the new property owner. According to the principles governing insurance assignments in Hong Kong, what is a critical requirement for this transfer to be legally effective?
Correct
This question tests the understanding of the distinction between assigning an insurance contract and assigning the right to insurance money, specifically concerning the requirement of insurable interest. When the insurance contract itself is assigned, both the original policyholder (assignor) and the new policyholder (assignee) must possess insurable interest at the time of assignment for the assignment to be valid. This ensures that the assignee has a genuine financial stake in the insured subject matter. Conversely, assigning only the right to the insurance proceeds does not require the assignee to have insurable interest, as the focus is on the right to receive payment, not on insuring the subject matter itself. The scenario describes a situation where a policy is transferred along with the insured property, implying an assignment of the contract, thus necessitating insurable interest for both parties.
Incorrect
This question tests the understanding of the distinction between assigning an insurance contract and assigning the right to insurance money, specifically concerning the requirement of insurable interest. When the insurance contract itself is assigned, both the original policyholder (assignor) and the new policyholder (assignee) must possess insurable interest at the time of assignment for the assignment to be valid. This ensures that the assignee has a genuine financial stake in the insured subject matter. Conversely, assigning only the right to the insurance proceeds does not require the assignee to have insurable interest, as the focus is on the right to receive payment, not on insuring the subject matter itself. The scenario describes a situation where a policy is transferred along with the insured property, implying an assignment of the contract, thus necessitating insurable interest for both parties.
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Question 29 of 30
29. Question
During a journey, an insured individual experienced dizziness and was diagnosed with hypertension and tonsillitis. The attending physician advised hospitalization to stabilize the high blood pressure. The insured requested emergency evacuation, but the insurer denied it, citing the pre-existing hypertension exclusion in the policy. Upon review, the Insurance Claims Complaints Bureau (ICCB) upheld the insurer’s decision, stating that the insured needed to demonstrate that her dizziness was not a consequence of her hypertension. This case illustrates the importance of which principle in travel insurance emergency services?
Correct
The scenario describes a situation where an insured person requires immediate medical attention due to dizziness. The insurer denied the request for emergency evacuation because the insured had a pre-existing condition of hypertension, which was excluded from the policy. The ICCB’s ruling supports the insurer’s decision, stating that unless the insured could prove her condition was unrelated to hypertension, the insurer was justified in denying the claim. This highlights the principle that pre-existing conditions, even if not the primary diagnosed cause at the moment, can lead to the denial of emergency services if they are causally linked and excluded from coverage under the policy. The key is the causal link between the symptoms experienced and the excluded condition.
Incorrect
The scenario describes a situation where an insured person requires immediate medical attention due to dizziness. The insurer denied the request for emergency evacuation because the insured had a pre-existing condition of hypertension, which was excluded from the policy. The ICCB’s ruling supports the insurer’s decision, stating that unless the insured could prove her condition was unrelated to hypertension, the insurer was justified in denying the claim. This highlights the principle that pre-existing conditions, even if not the primary diagnosed cause at the moment, can lead to the denial of emergency services if they are causally linked and excluded from coverage under the policy. The key is the causal link between the symptoms experienced and the excluded condition.
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Question 30 of 30
30. Question
During a comprehensive review of a travel insurance claim, an insured person who curtailed their trip due to a traffic accident in Singapore sought reimbursement for an executive class air ticket for their return journey. They argued that an economy class ticket was only available on a later flight, approximately one hour after the next available flight. The travel insurance policy stipulated that ‘the insurance indemnifies … additional public transportation expenses returning to the Place of Origin (based on economy class fare for any transportation media)’ in the event of trip curtailment. The insurer decided to reimburse only the economy class fare. Which of the following best explains the insurer’s decision based on the policy terms and common industry practice for curtailment cover?
Correct
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in curtailing the trip, did not necessitate an upgrade to executive class when an economy class option was available only an hour later. The insurer’s stance aligns with the policy’s provision for economy class fares for curtailment expenses, as the insured is normally expected to travel on economy class tickets in such circumstances. Therefore, the insurer is correct in limiting the reimbursement to the economy class fare.
Incorrect
The policy explicitly states that the insurance indemnifies additional public transportation expenses returning to the Place of Origin based on economy class fare. The insured’s medical condition, while a factor in curtailing the trip, did not necessitate an upgrade to executive class when an economy class option was available only an hour later. The insurer’s stance aligns with the policy’s provision for economy class fares for curtailment expenses, as the insured is normally expected to travel on economy class tickets in such circumstances. Therefore, the insurer is correct in limiting the reimbursement to the economy class fare.