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CIP C12 Property –
Chapter 1 Practice
Questions and Answers
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CIP C12 Property - Chapter 1
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1. Contracts made Signed, countersigned, issued or delivered in the province / committed to the post
in province office / to any carrier, messenger or agent / to be delivered or handed over to the
insured or insured's assign or agent in the province.
2. Fire Insurance Insurance against loss of or damage to property through fire, lightening or explo-
sion of coal or gas.
3. Terms of insur- Rights & obligations of parties to a contract / Provisions for insurance to persons
ance contracts (life, accident & sickness) / Provisions for property insurance.
are governed by
the Civil Code of
Quebec
4. Provisions gov- Contracts made in province / insurer must provide insured with a copy of the
erning all insur- application on request / Insurer must be consistent with the insurance act (con-
ance contracts travention with acts will not render the contract invalid against insurer.
5. Every policy must Name of insurer / Name of insured / all persons with an insurable interest /
contain premium / subject of insurance / basis of indemnity / perils insured / effective
& expiry of insurance
6. Provisions for Ap- Each party appoints an appraiser, both will appoint an umpire / appraisers deter-
praisal mine the matters in disagreement / if they disagree, will submit to the umpire
7. Relief from For- Courts may rule a policy enforceable under certain circumstances, even if the
feiture insured has breached a policy condition
8. Waivers on con- Must be written and signed to be in effect (Cannot waive terms regarding ap-
tract terms praisal,completion of proofs or the investigation and adjustment of claims
9. Non-payment of Insurer may cancel giving notice - either 5 days notice by personal delivery or 15
premiums days notice registered mail. Until notice period has passed, the insurer is bound
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by the contract. Insurer may sue for outstanding premium or deduct outstanding
premiums from any claim liable under the contract.
10. Proof of Loss Must be delivered immediately upon request or within 6o days of notice of loss.
forms
11. When actions No action for monies payable under the contract may be brought within 60 days
may be brought after delivery of the Proof of Loss or the happening of the event.
12. The Fire peril in- Fire, Lightning, Explosion of Natural / Coal / Manufactured Gas
cludes
13. Exclusions to Fire Undergoing any process of applying heat / War Risks (Riot, Civil Commotion,
Peril military power, etc) / Contamination *unless coverage is specifically applied to it.
14. Removal of In- Coverage extension is provided for property removed from the premises to protect
sured Property from further damage by fire. This extends for 7 days or to policy expiry. It does not
Provision increase the limit of insurance. Waives requirement for property to be on-premis-
es.
15. Distribution Pro- Splitting an amount of insurance for property at more than one location. Two
vision conditions: Damaged Property reduces remaining insurance limits. If the amount
of damage is equal to or exceeds policy limit, the full amount of insurance is
payable.
16. Written applica- Helps avoid misunderstandings between insured and insurer. Makes applicants
tions wishes clear / onus is on insurer to property check written applications / any
differences between application and policy must be given to the insured in writing.
17. Protection for The insurer must notify the loss payee of any changes to the policy. Cancellations
loss payees - insurer must also send the loss payee registered notice of cancellation.
18. Limitation of Lia-
bility Clause
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Any clause limiting recovery by the insured must be marked as such. Requirements
are set out for each province. Includes clauses such as: coinsurance clause and
deductible clause.
19. Rateable Contri- When more than one insurer has the same subject of insurance. All insurers are
bution responsible for their portion. Property's where property is specifically identified will
respond first. The secondary policy will respond once primary limits are exhausted.
20. Deductibles with One contract with a deductible - share of loss determined without regard to the
Rateable Contri- deductible.
bution More than one contract with a deductible - share of loss determined without regard
to deductible, then highest deductible is pro-rated among insurers.
21. Rateable Contri- (amt of insurance) / (total amt of insurance) = pro-rated responsibility in % / loss
bution Formula amt = rateable contribution
22. Statutory Condi- The rules that govern fire insurance, provides rights and responsibilities for insurer
tions & Fire Insur- and insured. Insurer and Insured may negotiate changes to the conditions - can
ance change to the insureds betterment, not to their detriment.
23. Statutory Condi- The contract may be VOID if the insurer can prove the applicant, at the time of
tion 1: Misrepre- application:
sentation - Falsely described the property to the detriment of the insurer
- Misrepresented any material fact (acceptability / premium / terms under it was
written)
- Fraudulently omitted a material fact
24. Statutory Condi- The insurer is only liable for property owned by the insured. Interest of other
tion 2: Property persons that are stated in the contract are covered.
of Others
25. Privity of Contract - an insured must obtain consent from the insurer to assign the
contract to another party.
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