LLB 3 Years Sem 6 Law Of Insurance Nov 2010 Question Paper - Mumbai University | munotes
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Questions asked in this paper
- N.S. (1) Figures to the right indicate full marks,
- (2) Answer all questions on separate sheet of the answer paper,
N.S. (1) Figures to the right indicate full marks,
(2) Answer all questions on separate sheet of the answer paper,
1, Write short answers (not more than. two sentences) :- 20
(a) What is principle of Good Faith?
(b) What is alteration of contract?
(c) What is meaning of 'Fire' under Fire Insurance Business?
(d) What is 'Cargo ?
(e) Conditions of the 'Endowment
(f) Days of grace in terms of policy premium payment ?
(g) What are the two types of Warranties under the Marine Insurance Contract?
(h) What is a Maritime perils?
(i) What is Revival of Discounted or Lapsed Policies?
(j) What is Floating Policy by Ships ?
2, Write short explanatory/definitional or analytical answers on any four :- 20
(a) Presumption of death under Life Insurance Contract
(b) \. Principle of indemnity
(c) Personal Accident Benefit under Motor Vehicle Act
(d) Double Insurance,
(e) Representation and Warranties,
3, Answer any two :- d
(a) The injured of the road accident files simultaneously the criminal case and
claim under Motor Accident Claim Tribunal. In the MACT case the driver,
owner and the insurance company are impleaded as parities, The owner P
takes the defense that the vehicle was unauthorized
by the unknown person who now is pleaded as driver in the case, ?
(i) Can the insurance company be absolved of its liability under MACT
on plea of the owner that vehicle was driven by unauthorized person?
(ii) Whether MACT can fix liability on the Insurance Company when
the valid insurance contact cover with the owner is however not
(b) the case of Agri-inputs firm Zuari Industries, Zuari had taken insurance
policies, including fire policy, from New India Assurance Company Ltd. in
respect of its factory situated in Goa in April, 1998
Due to short circuiting in the main switch board installed in the factory, the
entire electric supply to the plant had stopped leading to severe damage
to its boiler
After the insurance company had rejected Zuari's claim of more than
Rs. 20-46 crore, the latter had moved the Commission
New India Assurance had stated that the cause of loss to the boiler and
other equipment was the thermal shock caused due to stoppage of electricity
and not to any fire, the insurance company had said, adding the proximate
cause had to be seen for setting an insurance claim
(i) As long as there is a fire which caused the damage, is the claim
maintainable, even if the fire is for a fraction of a second? Why?
(ii) Whether Court can dismiss the plea of New India Assurance
(c) Mr. Rajaram Purchunde had taken policy on his own life for a sum assured
of rupees two lacs on 31* March, 2007. He had nominated his wife name
on proposal form. A wife took divorce from her husband in the month
December, 2008. Due to sudden heart attack a policy holder died on 14th
May, 2009. A divorced lady claimed for death claim from Insurance Company
(i) What is the validity of the nomination made by a husband in favour
of his wife before their divorce ifthe husband dies after divorce
(ii) Whether she is entitled to get death claim? Why?
4. Answer any four :- 48
(a) All Life Insurance policies are void unless there is an Insurance Interest in
the Life Assured. - Explain
(b) Development of insurance legislation in India
(c) What is a role of IRDA ?
(d) What are the different kinds of Automobile policies?
(e) Briefly explain the elements of Fire Insurance Contract?
(f) Doctrine of Subrogation under Marine Insurance Act
(2) Answer all questions on separate sheet of the answer paper,
1, Write short answers (not more than. two sentences) :- 20
(a) What is principle of Good Faith?
(b) What is alteration of contract?
(c) What is meaning of 'Fire' under Fire Insurance Business?
(d) What is 'Cargo ?
(e) Conditions of the 'Endowment
(f) Days of grace in terms of policy premium payment ?
(g) What are the two types of Warranties under the Marine Insurance Contract?
(h) What is a Maritime perils?
(i) What is Revival of Discounted or Lapsed Policies?
(j) What is Floating Policy by Ships ?
2, Write short explanatory/definitional or analytical answers on any four :- 20
(a) Presumption of death under Life Insurance Contract
(b) \. Principle of indemnity
(c) Personal Accident Benefit under Motor Vehicle Act
(d) Double Insurance,
(e) Representation and Warranties,
3, Answer any two :- d
(a) The injured of the road accident files simultaneously the criminal case and
claim under Motor Accident Claim Tribunal. In the MACT case the driver,
owner and the insurance company are impleaded as parities, The owner P
takes the defense that the vehicle was unauthorized
by the unknown person who now is pleaded as driver in the case, ?
(i) Can the insurance company be absolved of its liability under MACT
on plea of the owner that vehicle was driven by unauthorized person?
(ii) Whether MACT can fix liability on the Insurance Company when
the valid insurance contact cover with the owner is however not
(b) the case of Agri-inputs firm Zuari Industries, Zuari had taken insurance
policies, including fire policy, from New India Assurance Company Ltd. in
respect of its factory situated in Goa in April, 1998
Due to short circuiting in the main switch board installed in the factory, the
entire electric supply to the plant had stopped leading to severe damage
to its boiler
After the insurance company had rejected Zuari's claim of more than
Rs. 20-46 crore, the latter had moved the Commission
New India Assurance had stated that the cause of loss to the boiler and
other equipment was the thermal shock caused due to stoppage of electricity
and not to any fire, the insurance company had said, adding the proximate
cause had to be seen for setting an insurance claim
(i) As long as there is a fire which caused the damage, is the claim
maintainable, even if the fire is for a fraction of a second? Why?
(ii) Whether Court can dismiss the plea of New India Assurance
(c) Mr. Rajaram Purchunde had taken policy on his own life for a sum assured
of rupees two lacs on 31* March, 2007. He had nominated his wife name
on proposal form. A wife took divorce from her husband in the month
December, 2008. Due to sudden heart attack a policy holder died on 14th
May, 2009. A divorced lady claimed for death claim from Insurance Company
(i) What is the validity of the nomination made by a husband in favour
of his wife before their divorce ifthe husband dies after divorce
(ii) Whether she is entitled to get death claim? Why?
4. Answer any four :- 48
(a) All Life Insurance policies are void unless there is an Insurance Interest in
the Life Assured. - Explain
(b) Development of insurance legislation in India
(c) What is a role of IRDA ?
(d) What are the different kinds of Automobile policies?
(e) Briefly explain the elements of Fire Insurance Contract?
(f) Doctrine of Subrogation under Marine Insurance Act
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