LLB 3 Years Sem 6 Law Of Insurance Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 Write short answers (not more thantwosentences) 20 marks
   • a) ‘Touch and Stay’ clause?
   • b) What is Freight Insurance?
   • c) What is a Maritime perils?
   • d) What is a policy premium payment?
   • e) Who is an appointing authority of the Chairman of the Corporation as per the Life
   • f) What is a Maturity of policy?
   • g) What is meant by change of nomination?
   • h) What is a ‘Third Party Policy’?
   • j) What is 'Lost and not lost
2. Q2 Write short explanatory/ definitional or analytical answers on any four: - 20 marks
   • a) Doctrine of Subrogation under Marine Insurance Act
   • b) Principle of uberrima fides
   • c) Principle of indemnity
   • d) Automobile Insurance
   • e) Proximate cause under the Fire Insurance Contract
3. Q3 Answer any two: - 12 marks
   • (A) Smt.Sumitra, widow of Shri Dinkar Joshi who had taken a policy of insurance for 02.12.1989. While taking the policy life assured did not disclosed material fact that he was suffering from cancer and had been taking treatment After his death the deceased’s widow intimated the appellant about the death of her husband and demanded payment of claim
   • i) Is an insurer liable to pay the full claim to widow or premiums paid to LIC of India? What are the grounds for it?
   • ii) Whether a court can upheld the principle that when a contract is bad on the ground of fraud? How?
   • (B) The General Insurance Company agreed to indemnify M/s. Shri Ganesh constructions, the owner of the building. the policy contained clause which stated that it provided indemnity only in respect of events occurring during the period of insurance. Two months prior to the commencement of the policy a burst of the main pipe occurred. This burst caused damage to the building during the period of the policy. M/s. Shri. Ganesh construction claimed damage from General
   • i) When does Insurer liable for making the payment?
   • ii) What are defenses available to the Insurance company? When does the Insurer risk come to an end?
   • (C) Mr. Ragunathan was an owner of the truck and his truck was insured under the Comprehensive Policy. He was using his vehicle for transportation. His driver crushed pedestrian who was walking on footpath in the afternoon. The vehicle he could not found
   • i) Is Mr. Ragunathan entitled to get the compensation of damaged vehicle? Why?
   • ii) Whether a legal heir of the deceased persons will get the compensation by the insurance company? Why?
4. Q4 Answer any four: - 48 marks
   • a) Seaworthiness of ship
   • b) Difference between Assignment and Nomination
   • c) What are the elements of the Motor Vehicle Insurance?
   • d) Double insurance under Marine Insurance Act
   • e) Liability Insurance
   • f) State the role of I.R.D.A
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