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Take this quiz! In West Virginia, Insured sued Insurer for bad faith in adjusting her fire loss claim. Insurer moved to dismiss. The…
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Take this quiz! In West Virginia, Insured sued Insurer for bad faith in adjusting her fire loss claim. Insurer moved to dismiss. The Trial court judge should rule In West Virginia, Insured sued
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Take this quiz! In West Virginia, Insured sued Insurer for bad faith in adjusting her fire loss claim. Insurer moved to dismiss. The Trial court judge should rule In West Virginia, Insured sued
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1
In West Virginia, Insured sued Insurer for bad faith in adjusting her fire loss claim. Insurer moved to dismiss. The Trial court judge should rule
Motion denied. The doctrine has been accepted
Motion denied. The doctrine should be accepted.
Motion granted. The doctrine has been rejected
Motion granted. The doctrine should be rejected.
Motion granted. The legislature banned such action
2
In West Virginia, Insured sued Insurer for substantially prevailing in her fire loss claim. Insurer moved to dismiss. The Trial court judge should rule
Motion denied. The doctrine has been accepted.
Motion denied. The doctrine should be accepted.
Motion granted. The doctrine has been rejected
Motion granted. The doctrine should be rejected.
Motion granted. The legislature banned such action.
3
In Majority, ERISA Insured sued ERISA Insurer for bad faith in adjusting her claim. ERISA Insurer moved to dismiss. The Trial Court judge should rule
Motion denied. The Insured has stated a claim. The McCarran-Ferguson Act reverse preemption.
Motion denied. The doctrine should be accepted
Motion granted. The Insured has not stated a claim. ERISA preemption.
Motion granted. The doctrine has been rejected
4
In Majority, Insured sued Insurer for having substantially prevailed in her fire loss claim. Insurer moved to dismiss. The Trial court Judge should rule
Motion denied. The doctrine has been accepted
Motion denied. The Court has indicated support
Motion denied. The legislature recently allowed such.
Motion granted. The doctrine has been accepted only in West Virginia
Motion granted. The theory has been rejected by legislation.
5
In West Virginia, Insured sued Insurer for reformation because of a mutual mistake in a policy provision. Insurer moved to dismiss. The trial court judge should rule
Motion denied. The doctrine has been accepted
Motion denied. The doctrine should be accepted
Motion granted. The doctrine has been rejected.
Motion granted. The doctrine should be rejected
Motion granted. The doctrine has never been used in insurance policy cases.
6
In West Virginia, Insured failed to give Insurer prompt notice. Insurer denied the claim. Insured sued, alleging a duty to inform. Insurer Moved to dismiss. The trial court judge should rule
Motion denied. The doctrine has been firmly adopted by the Court
Motion denied. The doctrine should be accepted, based upon a few cases.
Motion denied. The doctrine should be adopted based upon the UTPA regulations and informed opinion
Motion granted. The doctrine has been rejected by the Court.
Motion granted. The doctrine has been rejected everywhere.
7
In Majority, Insured sued Insurer for benefits under a policy that he never received and hence was tardy in applying for benefits. Insured asserted policing effec of an absent policy. MTD Judge should
Motion denied. The doctrine has been accepted
Motion denied. The doctrine should be accepted.
Motion denied. The doctrine should be adopted based upon the UTPA regulations and informed opinion
Motion granted. The doctrine has been rejected.
Motion granted. The doctrine should be rejected
8
In West Virginia, the typical process of insurance policy formation follows the sequence of
Initial contact, application, binder
Underwriting, initial contact, application.
Underwriting, binder, initial contact, application, and delivery.
Solicitation, offer, and acceptance
Initial contact, application, binder, home office underwriting, and policy delivery
9
In Majority, Applicant filled out a newspaper ad for life insurance, signed it, and sent it into the Company. Applicant's filled out ad is considered in contractual terms
An application for an offer
An offer
An acceptance
A solicitation to trade
An acceptance of an offer. The policy is in effect
10
In Majority, decentralization of the power to contract is found most often in
Life insurance.
Fire and marine and casualty insurance
Life, health, and accident insurance
Brokers.
General field agents
11
In West Virginia, Company negligently delayed acting on Applicant's application. Applicant sought legal help to hurry up Company. Company has
No duty to act promptly
No duty to act at all
No duty to act promptly but must return the premium
A duty to act promptly
A duty to deny promptyl
12
In West Virginia, Company delayed acting on Applicant's application. Applicant's best theory concerning delay in acting on an application is
Estoppel and waiver
Contract
Warranty
Tort-negligence
Implied contract to act promptly
13
Majority, Applicant applied for life insurance with Company's Agent. Agent promptly forwarded the application to Company. Company failed to act promptly. App. died. Suit may be brought against company
By the estate in negligence.
By the estate in contract.
By the intended beneficiaries in negligence
By the intended beneficiaries in contract.
By the intended beneficiaries in warranty.
14
In West Virginia, Insurer negligently delayed acting on Applicant's application. Applicant sought legal help from Attorney to hurry up company. Attorney should advise that there is
N oduty to act promptly
No duty to act at all
No duty to act promptly but must return the premium
A duty to act promptly
A duty to deny promptly
15
In West Virginia, Applicant got an oral contract of life insurance from Company's Agent. Applicant died. Company refused to pay denying oral contract was valid. Benificiary sued. Comp. to dimiss TCJ s
Motion denied. Oral contracts for life insurance are just fine.
Motion denied. Oral contracts for life insurance are approved by specific statute.
Motion granted. Oral contracts for life insurance violate the statute of frauds.
Motion granted. Oral contracts for life insurance are prohibited by special statute.
Motion granted. Oral contracts for life insurance violate the insurance code.
16
In West Virginia, a memorandum of temporary insurance is issued usually
After payment of the first premium in life, fire and marine, and casualty insurance.
After payment of the first premium in life insurance and in advance of payment of the premium in fire and marine, and casualty
After payment of the first premium in fire and marine, and casualty insurance and in payment of the premium in
In advance of payment of the first premium in all lines of insurance.
On condition of acceptance of the application.
17
In West Virginia, a memorandum of temporary insurance in life insurance is most properly called a
Binding receipt.
Conditional premium receipt.
Conditional receipt.
Conditional binding receipt.
A temporary receipt.
18
WV, a memo of temp ins. in life ins entitled "Temporary Receipt" provided "the policy will be in force from date of receipt of app. shall be approved by Home office and del. in good health. WV ct shld
Was invalid.
Created temporary life insurance at the date of issue.
Created temporary life insurance subject to a condition subsequent.
Created a temporary binder, binding the company to issue a temporary life insurance policy pending approval
Void. In violation of the statute.
19
In West Virginia, Applicant claimed he made a valid oral contract of insurance with Agent. To prove a valid oral contract of insurance. Applicant must
Show substantial compliance with all the essential elements of the contract.
Show a meeting of the minds on all the essential elements and satisfy the requirements of the statute of frauds
Show a meeting of the minds on all the essential elements of the contract
Show a partial meeting of the minds on the most essential elements of the contract, the other elements to be
Slow compliance with the statute.
20
In WV, life insurance Applicant never received delivery of her policy. Applicant died. Company refused to pay on the grounds of no delivery and hence no K. Benefic. moved for MSJ. TCJ shou rule
Motion denied. Delivery is a jury issue
Motion denied. There was no delivery
Motion granted. Substantial compliance delivery
Motion granted. Constructive delivery.
Motion granted. The code forbids such a defense
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