LL.B. (Three Years) Sem 6 Law of Insurance Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Figures to the right indicate full marks. (2) Answer all questions on separate sheet of the answer paper.

1. Q.1: Write short answers, not more than two sentences (20 Marks - 2 marks each)

1. (a) What is construction of policy?
   Read the model answer
2. (b) What is General Insurance business?
   Read the model answer
3. (c) What is Inchmaree clause?
   Read the model answer
4. (d) Who was a chief agent under the Life Insurance Act 1938?
   Read the model answer
5. (e) What is Jeevan Sathi Policy?
   Read the model answer
6. (f) What is meant by Seaworthiness?
   Read the model answer
7. (g) What is a Premium Notice?
   Read the model answer
8. (h) Main conditions of Children Endowment Policy?
   Read the model answer
9. (i) What is disability benefit?
   Read the model answer
10. (j) What is suicide clause?
    Read the model answer

2. Q.2: Write short explanatory/definitional or analytical answers on any four (20 Marks - 5 marks each)

1. (a) Proximate clause.
   Read the model answer
2. (b) Revival of discounted or lapsed policy.
   Read the model answer
3. (c) Principle of Indemnity.
   Read the model answer
4. (d) Nomination on Life Insurance Policy.
   Read the model answer
5. (e) Surrender value.
   Read the model answer
6. (f) Doctrine of Subrogation.
   Read the model answer

3. Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) A father taken a policy of Life Insurance on the life of his daughter, who was a minor. The date on which the risk under the policy was to commence, had however been back dated at the request for taking advantages at option. The policy contained claim 4B mentioned that in the result of intentional self injury, suicide or attempted suicide, on or after the date on which the risk under the policy has commenced, but before the expiry of the three years from the date of this policy the Corporation's liability shall be limited to be sum equal to the total amount of premiums. The life assured minor committed suicide. A respondent lodged a claim for the whole sum from the date of policy commencement for which his daughter's life had been insured. (i) Whether a father can file a suit against Corporation even after ready to pay the actual payment of the premium paid by him? (ii) Is Corporation liable to pay whole sum claimed by respondent as per the commencement date of policy? Why?
   Read the model answer
2. (b) The policy was issued on October 28, 1988 and it was valid upto October 27, 1989. The Motor Vehicles Act, 1989 (hereinafter referred to as New Act) came into force on July 1, 1989, and the accident occurred on September 4, 1989, after the New Act came into force but before the expiry of a policy in force. (i) Whether a claimant will be entitled for to get the claim? Why? (ii) Does a New Act limit the liability of insurance companies to payment of compensation to extent specified in the policy?
   Read the model answer
3. (c) Mrs. Alka Desai filed an appeal against LIC of India for a repudiation of liability under a policy own by her deceased husband. While taking the policy the life assured was suffering from kidney problem and gave a false declaration that he had not suffered from any ailment etc. After issuing the policy a life assured died within six month. (i) Whether Mrs. Alka Desai appeal will be accepted by the Court? Why? (ii) Whether she will be entitled to get any repudiated claim? Did the policy taken by policy holder null and void?
   Read the model answer

4. Q.4: Answer any four (48 Marks - 12 marks each)

1. (a) What are the duties, power and function of the I.R.D.A.
   Read the model answer
2. (b) What is an Insurable interest and how it is determined?
   Read the model answer
3. (c) What are the features of Fire Insurance Contract?
   Read the model answer
4. (d) Difference between Nomination and Assignment.
   Read the model answer
5. (e) Enumerate the principle 'utmost good faith'.
   Read the model answer
6. (f) Representation and Warranties.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.