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2014-09-06
Information:http://www.theinstitutes.org/program/chartered-property-casualty-underwriter-cpcu

I thought it'd be good to look at some question maybe one every few days.

Today's question: <-- I will put the question here:
An insurance agent sent an application for insurance to a non-admitted insurer. The insurer issued the policy. How has an agency relationship been created?
[By ratification] <- I will put the answer in the square brackets

Exaplain: <- the explanation I found or came up with
confirmation by an insurance company of the acts of its agent , regardless of whether or not these acts were committed within the limit of authority granted the agent by the company. By so ratifying the agent's acts, the company becomes responsible for consequences arising from these acts. For example, if the insurance company, with full knowledge of the agent's misdeeds in soliciting the application and the premium from the prospect , accepts the premium for the policy from the agent, this acceptance constitutes ratification of the act of the agent.

Enjoy studying.
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2014-9-6 22:21:50
Which one of the following is the best description of the European Unions Common Market?
[The Common Market is the European Union's single unified market in which goods services people and capital can move freely across the borders of all member nations.]

Comment: this is a question from cpcu 530.

The area surrounding Bills business property has all been zoned for commercial use but under current zoning ordinance, his lot is too small for him to have his own enterprise.  Therefore Bill has requested that he be allowed to continue doing business from his location even though the size of his lot does not conform to the ordinances required for the zone.  Bill is requesting
[A hardship variance.]
Comments: a specific case about zoning.
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2014-9-6 22:41:07
In a contract for 1,000 loaves of bread, grocer Andy wrote out the words one thousand but typed in the number 100.  The supplier delivered 100 loaves which resulted in a loss of a major customer.  Which one of the following priorities will apply in this case?
[Handwriting prevails over typewriting.]
comment: this is actually common knowledge in business law.

Which one of the following statements is true regarding the International Court of Justice (ICJ), located at the Peace Palace in The Hague?
[The ICJ cannot include more than one judge of any nationality.]
comment: part of the arbitration chapter; just an example of recall type question.

Which one of the following is a source for bad faith cause of action?
[Retaliatory cancellations]
comment: found this really good explanation:
Bad faith refers to dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or knowingly misrepresenting the quality of something that is being bought or sold. It may involve an intent to deceive or mislead another in order to gain some advantage. It is often related to a breach of a the obligation inherent in alll contracts to deal with the other parties in good faith and with fair dealing, such as in paying claims, or issuing a cancellation under an insurance policy. Insurers may be guilty of bad faith for failing to promptly and thoroughly investigate a claim, unreasonably delaying payment, unreasonably denying benefits to a claim, using unreasonable interpretations in translating policy language, or refusing to settle the case or reimburse you for the entirety of your loss, etc. Unless a time period for settling a claim is defined in the policy, a "reasonable time" generally applies, which is a subjective term, depending on the facts and circumstances in each case. Bad faith may also be claimed against a person who files suit solely for purposes of harassment. In this case, the defendant's attorney fees may be awarded if such bad faith motives are proven.


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2014-9-6 22:51:38
Tenant Dixie complained to her landlord that she was too cold in her leased apartment.  The landlord refused to upgrade the furnace.  Dixie had baseboard heaters installed and hard-wired into the apartment.  These heaters are
[Fixtures.]

Beatrice decided to purchase a condominium rather than lease an apartment.  After two years, she wanted to mortgage the condominium rather than sell the unit.  In this situation, Beatrice
[Has a direct property interest in the condominium and may mortgage it.]

Agencies often have investigatory and prosecutorial duties. Which one of the following best explains how the Fourth Amendment protection against unreasonable searches and seizures limits the power of administrative agencies to demand the production of records?
[Agencies must show that the records they demand are somehow relevant to the investigation.]
Comment: law and order viewer should know this cold.
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2014-9-6 23:28:51
Buyers and sellers have several options as to where goods will be delivered and which party bears the risk and expense of delivery used in marine insurance. Which of the following best describes the FOB (free on board) vessel?
[Goods are loaded on board the vessel at the sellers risk and expense and then ownership passes to the buyer.]
Comment: a financial accounting question

Ellas Heart Fund relied on donations to support her local heart clinic.  Luke pledged $1,500 to the charitable organization.  Luke did not honor the pledge. Which one of the following legal doctrines would courts apply if they decide to enforce the pledge?
[Promissory estoppel]
Comment: promiseee relies on the promisor's word to her detriment, thus enforceable.



John contracts with Rex to purchase three steel braces by April 5.  In the contract, they agree that the amount of damages either of them would pay in the event of breach would be $50,000.  The $50,000 is the result of their good faith effort to estimate actual damages that probably would result from a breach.  These types of damages are known as
[Liquidated damages.]
Comment: parties designate amount during the formation of the contract. Contract law question.
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2014-9-6 23:40:36
Colson makes knives and swords as a hobby selling his products on a non-advertised basis. He does not package his products but does provide a warranty against defects. If a parent whose child is injured by one of Colsons ever-sharp knives sues Colson under strict liability, which one of the following statements may be true?
[Colson would be strictly liable only if the knife was unreasonably dangerous in normal use.]
Comment: a fine point on product liability.

A homeowner added an aboveground swimming pool and a slide to his unfenced backyard. Worried that this pool might attract nosy neighbors, the homeowner posted several No Trespassing signs. Which one of the following best describes the liability that the homeowner would face if a child trespassed onto the property and was injured by the pool?
[Under the attractive nuisance doctrine the homeowner can be liable for injuries to trespassing children caused by his unsafe pool.]
Comment: a very interesting point about attr. nuis.

The purpose of the Due Process Clause of the U.S. Constitution is to  
[Ensure no one is deprived of life liberty and property without notice and a hearing.]
Comment: 5th and 14th amendments.
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