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Case M05 insurance law

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M05 Assignment in insurance law and English law done and corrected

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M05: Insurance law
Mixed assessment coursework – assignment
Coursework submission rules and important notes
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This includes the following information:
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• The total marks available are 200. You need to obtain 120 marks to pass this assignment.
• Your answer must be submitted on the correct answer template in Arial font, size 11.
• Answers to a coursework assignment should be a maximum of 12,000 words. The word count does not
include diagrams however, it does include text contained within any tables you choose to use. The word
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point an assignment exceeds the word count by more than 10% the examiner will stop marking.

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a 30-mark question requires more breadth than a 10 or 20 mark question.




Copyright © 2020 The Chartered Insurance Institute. All rights reserved.

, M05/2020 M05: Insurance law 2

M05 coursework assignment questions
Question 1 – Learning Outcome 2 (10 marks)
Simon is a claims handler for TP Ltd, an insurer, and works in the first notification of loss (FNOL) department.
Simon receives a phone call from one of TP Ltd's policyholders, to make a claim for damage to their
property. The policyholder asks Simon if building repair work on the property can proceed, pending the
outcome of the claim. Simon states that "it can" as he is sure "it will be fine".
A few weeks later, Simon checks the claim record to discover that the claim had been declined. However, the
building repair work had already commenced.
(a) Identify, with justification, the tort that Simon may have committed. (6)
(b) Explain briefly, the main legal remedy available to the policyholder. (4)

Question 2 – Learning Outcome 3 (10 marks)
Bella is currently employed by KL Ltd, an insurance broker. KL Ltd operates a single office in New Town.
Bella has a contract of employment with KL Ltd, which states that 'On leaving the firm, employees are not
permitted to work at any insurance broker within 25 miles of KL Ltd for a period of five years'.
Bella intends to resign from KL Ltd and establish her own insurance brokerage in New Town.
Joe, a competitor to KL Ltd, is to buy the insurance broking business from KL Ltd.
(a) Explain, with justification, whether Bella is entitled to establish her own brokerage in New Town.
Refer to one relevant case in support of your explanation. (6)
(b) Explain, with justification, how Joe could prevent the directors of KL Ltd from establishing another
insurance broking business in New Town. (4)

Question 3 – Learning Outcome 4 (10 marks)
GB Ltd is an insurance broker. They engaged a specialist recruitment company to find an account manager,
which led to the employment of Finley by GB Ltd.
GB Ltd recently discovered that both GB Ltd and Finley are paying recruitment commission to the
recruitment company, of which neither were aware.
GB Ltd had specified to the recruitment company that all potential candidates must have at least two years'
account management experience. However, GB Ltd has since discovered, after employing Finley, that he
does not have the required level of experience.
(a) Explain, with justification, two legal issues raised by commission payments being made by both
GB Ltd and Finley. (6)
(b) Explain, with justification, the legal effect of the recruitment company's failure to ensure that Finley
had the required level of experience. (4)




Copyright © 2020 The Chartered Insurance Institute. All rights reserved.

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Uploaded on
February 16, 2022
Number of pages
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Written in
2021/2022
Type
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Insurance
Grade
A

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