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C39 - Chap 1 - Exam Questions With Correct Answers

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C39 - Chap 1 - Exam Questions With Correct Answers

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C39 - /




Chap
/ /




1 - Exam Questions With Correct Answers
/ / / / / /




Which /statement /correctly /describes /fiduciary /duty?



A. /It /is /a /relationship, /generally /accepted /in /Canada, /between /insurers /and /their /insureds.

B. /It /generally /exists /between /two /parties /who /have /conflicting /interests.

C. /It /represents /obligations /created /when /someone /is /in /a /position /of /trust.

D.
/It


/is /


a
/principle


/whereby


/an


/insurer


/is


/not


/permitted


/to


/renege


/on


/its


/position


/when


/an


/innocent


/party


/has


/relied

, /on
/it. /-


/correct


/answer(s) /✔✔ /C. /It /represents /obligations /created /when /someone /is /in /a /position /of /trust.




Which /of /these /defines /spoliation /of /evidence?



A. /Destruction /of /evidence /before /the /case /comes /to /trial.

B. /Sworn /statements /from /witnesses /or /the /insured.

C. /Destruction /of /evidence /when /the /case /is /being /tried /in /court.

D.
/Evidence


/collected


/in


/anticipation


/of


/litigation


/is


/privileged. /-


/correct /answer(s) /✔✔ /A. /Destruction /of /evidence /before /the /case /comes /to /trial.




The
/two


/elements


/identified


/in /R. /v. /Olan, /Hudson /and /Harnett /that /must /be /present /to /prove /insurance /fraud /are:




A. /Intent /and /dishonest /gain.

B. /Deliberate /actions /and /criminal /breach /of /trust.

C. /Deceit /and /ill-gotten /gains.

D. /Criminal /breach /of /trust. /- /correct /answer(s) /✔✔ /D. /Criminal /breach /of /trust.

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