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Question 1 of 30
1. Question
TechSolutions Ltd. holds two separate property insurance policies covering their Auckland office building: one with Insurer A for $300,000 and another with Insurer B for $200,000. A fire causes $100,000 worth of damage to the building. According to the principle of contribution, how much will Insurer A contribute towards the loss?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured doesn’t profit from the insurance by claiming the full amount from each policy. Instead, the insurers contribute proportionally to the loss, based on their respective policy limits. The formula for calculating the contribution of each insurer is: (Policy Limit of Insurer / Total Policy Limits) * Total Loss. In this scenario, Insurer A has a policy limit of $300,000, and Insurer B has a policy limit of $200,000. The total policy limits are $300,000 + $200,000 = $500,000. The total loss is $100,000. Therefore, Insurer A’s contribution is ($300,000 / $500,000) * $100,000 = $60,000, and Insurer B’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. This calculation demonstrates the practical application of the principle of contribution in a real-world insurance scenario, ensuring fairness and preventing unjust enrichment. The principle is particularly important when dealing with complex commercial insurance arrangements where multiple policies might overlap. Understanding this principle is crucial for insurance professionals to accurately assess and settle claims involving multiple insurers, complying with legal and ethical standards.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured doesn’t profit from the insurance by claiming the full amount from each policy. Instead, the insurers contribute proportionally to the loss, based on their respective policy limits. The formula for calculating the contribution of each insurer is: (Policy Limit of Insurer / Total Policy Limits) * Total Loss. In this scenario, Insurer A has a policy limit of $300,000, and Insurer B has a policy limit of $200,000. The total policy limits are $300,000 + $200,000 = $500,000. The total loss is $100,000. Therefore, Insurer A’s contribution is ($300,000 / $500,000) * $100,000 = $60,000, and Insurer B’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. This calculation demonstrates the practical application of the principle of contribution in a real-world insurance scenario, ensuring fairness and preventing unjust enrichment. The principle is particularly important when dealing with complex commercial insurance arrangements where multiple policies might overlap. Understanding this principle is crucial for insurance professionals to accurately assess and settle claims involving multiple insurers, complying with legal and ethical standards.
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Question 2 of 30
2. Question
A commercial property in Auckland is insured under two separate policies. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. Both policies contain a ‘rateable proportion’ clause. A fire causes $100,000 damage to the property. Considering the principle of contribution, how much will Policy A pay towards the loss?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents an insured from profiting from insurance by claiming the full amount from each policy. The calculation involves determining each insurer’s proportionate share of the loss based on their respective policy limits. If policy A has a limit of $200,000 and policy B has a limit of $300,000, the total coverage is $500,000. Policy A’s share is \( \frac{200,000}{500,000} = 0.4 \) or 40%, and policy B’s share is \( \frac{300,000}{500,000} = 0.6 \) or 60%. If the loss is $100,000, policy A would contribute \( 0.4 \times 100,000 = $40,000 \), and policy B would contribute \( 0.6 \times 100,000 = $60,000 \). The scenario presented involves a situation where both policies have ‘rateable proportion’ clauses, meaning the insurers will only pay their share of the loss, calculated by the policy’s limit divided by the total coverage. This mechanism ensures fairness and prevents unjust enrichment. The Insurance Contracts Act 1977 (NZ) implies a duty of good faith, requiring insurers to act fairly and reasonably in handling claims, including applying contribution principles correctly.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents an insured from profiting from insurance by claiming the full amount from each policy. The calculation involves determining each insurer’s proportionate share of the loss based on their respective policy limits. If policy A has a limit of $200,000 and policy B has a limit of $300,000, the total coverage is $500,000. Policy A’s share is \( \frac{200,000}{500,000} = 0.4 \) or 40%, and policy B’s share is \( \frac{300,000}{500,000} = 0.6 \) or 60%. If the loss is $100,000, policy A would contribute \( 0.4 \times 100,000 = $40,000 \), and policy B would contribute \( 0.6 \times 100,000 = $60,000 \). The scenario presented involves a situation where both policies have ‘rateable proportion’ clauses, meaning the insurers will only pay their share of the loss, calculated by the policy’s limit divided by the total coverage. This mechanism ensures fairness and prevents unjust enrichment. The Insurance Contracts Act 1977 (NZ) implies a duty of good faith, requiring insurers to act fairly and reasonably in handling claims, including applying contribution principles correctly.
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Question 3 of 30
3. Question
A commercial property in Auckland is insured under two separate policies. Policy A has a limit of $150,000, and Policy B has a limit of $300,000. Both policies cover the same perils. A fire causes $90,000 worth of damage. Applying the principle of contribution, how much will Policy A and Policy B pay, respectively?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core concept is that each insurer contributes proportionally to the loss, based on their respective policy limits. In this scenario, two policies cover the same risk: Policy A with a limit of $150,000 and Policy B with a limit of $300,000. The total insurance coverage available is $450,000. A loss of $90,000 occurs. To determine the contribution of each insurer, we calculate the proportion of each policy’s limit to the total coverage: Policy A’s proportion: \[\frac{150,000}{450,000} = \frac{1}{3}\] Policy B’s proportion: \[\frac{300,000}{450,000} = \frac{2}{3}\] Policy A’s contribution to the $90,000 loss: \[\frac{1}{3} \times 90,000 = 30,000\] Policy B’s contribution to the $90,000 loss: \[\frac{2}{3} \times 90,000 = 60,000\] Therefore, Policy A contributes $30,000 and Policy B contributes $60,000 to cover the $90,000 loss, ensuring the insured is indemnified but not overcompensated. This aligns with the principle of contribution, preventing unjust enrichment.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core concept is that each insurer contributes proportionally to the loss, based on their respective policy limits. In this scenario, two policies cover the same risk: Policy A with a limit of $150,000 and Policy B with a limit of $300,000. The total insurance coverage available is $450,000. A loss of $90,000 occurs. To determine the contribution of each insurer, we calculate the proportion of each policy’s limit to the total coverage: Policy A’s proportion: \[\frac{150,000}{450,000} = \frac{1}{3}\] Policy B’s proportion: \[\frac{300,000}{450,000} = \frac{2}{3}\] Policy A’s contribution to the $90,000 loss: \[\frac{1}{3} \times 90,000 = 30,000\] Policy B’s contribution to the $90,000 loss: \[\frac{2}{3} \times 90,000 = 60,000\] Therefore, Policy A contributes $30,000 and Policy B contributes $60,000 to cover the $90,000 loss, ensuring the insured is indemnified but not overcompensated. This aligns with the principle of contribution, preventing unjust enrichment.
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Question 4 of 30
4. Question
A small fire erupts at Carlos’s bakery, causing $60,000 in damages. Carlos has two separate property insurance policies: Policy A with Kiwi Insurance, providing coverage up to $40,000, and Policy B with Silver Fern Insurance, covering up to $50,000. Assuming both policies cover the same risks and are valid at the time of the loss, how will the claim be settled between the two insurers, adhering to the principle of contribution using the ‘independent liability’ method under New Zealand insurance practices?
Correct
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the loss by recovering more than the actual loss. Instead, the insurers share the loss proportionally based on their respective policy limits or indemnity amounts. The contribution calculation involves determining each insurer’s share of the loss based on the ‘independent liability’ method, where each insurer pays up to its policy limit as if it were the only insurer. This is different from simply dividing the loss equally or based on premiums paid. The ‘independent liability’ method ensures a fair distribution of the loss among insurers, preventing the insured from receiving a windfall gain and maintaining the principle of indemnity. The principle of contribution is crucial for managing overlapping insurance coverage and preventing moral hazard, which could arise if insureds were incentivized to create or exaggerate losses to profit from multiple policies. The Insurance Contracts Act 1977 (NZ) indirectly supports this principle by emphasizing the insurer’s duty of good faith and fair dealing, which includes ensuring equitable claims handling when multiple policies are involved. The principle is designed to maintain fairness among insurers and prevent unjust enrichment of the insured.
Incorrect
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the loss by recovering more than the actual loss. Instead, the insurers share the loss proportionally based on their respective policy limits or indemnity amounts. The contribution calculation involves determining each insurer’s share of the loss based on the ‘independent liability’ method, where each insurer pays up to its policy limit as if it were the only insurer. This is different from simply dividing the loss equally or based on premiums paid. The ‘independent liability’ method ensures a fair distribution of the loss among insurers, preventing the insured from receiving a windfall gain and maintaining the principle of indemnity. The principle of contribution is crucial for managing overlapping insurance coverage and preventing moral hazard, which could arise if insureds were incentivized to create or exaggerate losses to profit from multiple policies. The Insurance Contracts Act 1977 (NZ) indirectly supports this principle by emphasizing the insurer’s duty of good faith and fair dealing, which includes ensuring equitable claims handling when multiple policies are involved. The principle is designed to maintain fairness among insurers and prevent unjust enrichment of the insured.
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Question 5 of 30
5. Question
Auckland-based “Tech Solutions Ltd.” holds two separate property insurance policies for its office building: Policy A with “SecureCover Ltd.” for $800,000 and Policy B with “AssurancePlus Ltd.” for $1,200,000. A fire causes $500,000 damage to the building. Applying the principle of contribution, how much will “SecureCover Ltd.” pay towards the loss?
Correct
The principle of contribution applies when an insured party has multiple insurance policies covering the same risk. This principle ensures that the insured does not profit from the insurance by receiving more than the actual loss. It dictates that each insurer contributes proportionally to the loss, based on their respective policy limits. The contribution is calculated by determining each insurer’s share of the total coverage and applying that share to the loss. This prevents the insured from claiming the full amount from one insurer and leaving the others untouched. The principle of contribution is important for fairness and to prevent moral hazard, which arises when an insured party may be tempted to cause or exaggerate a loss to profit from multiple insurance policies. In New Zealand, the application of this principle is underpinned by common law and specific policy wording, which outlines how contribution will be managed in the event of overlapping insurance coverage. The purpose is to ensure equitable distribution of the claim burden among insurers and to uphold the principle of indemnity, which aims to restore the insured to their pre-loss financial position, but no better.
Incorrect
The principle of contribution applies when an insured party has multiple insurance policies covering the same risk. This principle ensures that the insured does not profit from the insurance by receiving more than the actual loss. It dictates that each insurer contributes proportionally to the loss, based on their respective policy limits. The contribution is calculated by determining each insurer’s share of the total coverage and applying that share to the loss. This prevents the insured from claiming the full amount from one insurer and leaving the others untouched. The principle of contribution is important for fairness and to prevent moral hazard, which arises when an insured party may be tempted to cause or exaggerate a loss to profit from multiple insurance policies. In New Zealand, the application of this principle is underpinned by common law and specific policy wording, which outlines how contribution will be managed in the event of overlapping insurance coverage. The purpose is to ensure equitable distribution of the claim burden among insurers and to uphold the principle of indemnity, which aims to restore the insured to their pre-loss financial position, but no better.
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Question 6 of 30
6. Question
A commercial building in Christchurch, owned by Hana Ltd, is insured against fire damage. Hana Ltd has two separate insurance policies: Policy A with Kiwi Insurance covering $200,000 and Policy B with Tui Insurance covering $300,000. A fire causes $100,000 worth of damage. Assuming both policies have identical terms and conditions and are valid at the time of the loss, how much will Kiwi Insurance contribute towards the claim settlement based on the principle of contribution?
Correct
The principle of contribution comes into play when multiple insurance policies cover the same loss. It dictates how insurers share the burden of the claim. The core idea is to prevent the insured from profiting from the loss by claiming the full amount from each insurer (double recovery). The principle operates by ensuring that each insurer pays only its rateable proportion of the loss, based on the sum insured by its policy relative to the total sum insured across all applicable policies. To calculate the contribution, we first determine the total insurance cover: $200,000 (Insurer A) + $300,000 (Insurer B) = $500,000. Insurer A’s proportion of the cover is $200,000 / $500,000 = 40%. Insurer B’s proportion is $300,000 / $500,000 = 60%. If a loss of $100,000 occurs, Insurer A will contribute 40% of $100,000, which is $40,000. Insurer B will contribute 60% of $100,000, which is $60,000. This ensures the insured is fully indemnified for the loss up to the policy limits, but does not profit from it. The *Insurance Contracts Act 1977* (NZ) reinforces these principles by outlining the duties of disclosure and good faith, which underpin fair claims handling and contribution assessments. Understanding the interplay of indemnity, contribution, and relevant legislation is crucial for insurance professionals in New Zealand.
Incorrect
The principle of contribution comes into play when multiple insurance policies cover the same loss. It dictates how insurers share the burden of the claim. The core idea is to prevent the insured from profiting from the loss by claiming the full amount from each insurer (double recovery). The principle operates by ensuring that each insurer pays only its rateable proportion of the loss, based on the sum insured by its policy relative to the total sum insured across all applicable policies. To calculate the contribution, we first determine the total insurance cover: $200,000 (Insurer A) + $300,000 (Insurer B) = $500,000. Insurer A’s proportion of the cover is $200,000 / $500,000 = 40%. Insurer B’s proportion is $300,000 / $500,000 = 60%. If a loss of $100,000 occurs, Insurer A will contribute 40% of $100,000, which is $40,000. Insurer B will contribute 60% of $100,000, which is $60,000. This ensures the insured is fully indemnified for the loss up to the policy limits, but does not profit from it. The *Insurance Contracts Act 1977* (NZ) reinforces these principles by outlining the duties of disclosure and good faith, which underpin fair claims handling and contribution assessments. Understanding the interplay of indemnity, contribution, and relevant legislation is crucial for insurance professionals in New Zealand.
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Question 7 of 30
7. Question
A commercial building owned by ‘Tech Innovations Ltd’ is insured against fire damage. ‘Insurer A’ covers the building for $800,000, while ‘Insurer B’ covers it for $400,000. A fire causes $300,000 worth of damage. Applying the principle of contribution, how will the claim be settled between the two insurers?
Correct
The principle of contribution comes into play when multiple insurance policies cover the same loss. It ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, each insurer contributes proportionally to the loss, based on their respective policy limits. The purpose is to equitably distribute the financial burden among the insurers involved. If the total loss is less than the combined policy limits, each insurer pays a portion of the loss in proportion to their policy limit relative to the total coverage. If the loss exceeds the combined policy limits, each insurer pays up to their policy limit, until the loss is fully covered or all policy limits are exhausted. The principle of contribution prevents over-insurance and moral hazard, ensuring fair claims settlement when multiple policies exist. It encourages responsible insurance purchasing and promotes stability in the insurance market by preventing insurers from being unfairly burdened by claims when other policies also provide coverage. The principle of contribution is underpinned by common law principles and is also subject to legislative oversight to ensure fair practice and prevent unjust enrichment.
Incorrect
The principle of contribution comes into play when multiple insurance policies cover the same loss. It ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, each insurer contributes proportionally to the loss, based on their respective policy limits. The purpose is to equitably distribute the financial burden among the insurers involved. If the total loss is less than the combined policy limits, each insurer pays a portion of the loss in proportion to their policy limit relative to the total coverage. If the loss exceeds the combined policy limits, each insurer pays up to their policy limit, until the loss is fully covered or all policy limits are exhausted. The principle of contribution prevents over-insurance and moral hazard, ensuring fair claims settlement when multiple policies exist. It encourages responsible insurance purchasing and promotes stability in the insurance market by preventing insurers from being unfairly burdened by claims when other policies also provide coverage. The principle of contribution is underpinned by common law principles and is also subject to legislative oversight to ensure fair practice and prevent unjust enrichment.
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Question 8 of 30
8. Question
Auckland-based tech entrepreneur, Hana, has insured her office building against fire damage with two separate insurance companies due to a complex ownership structure. Policy A, from “SecureSure,” covers the building for $750,000, while Policy B, from “GuardianShield,” covers it for $1,250,000. A fire causes $500,000 worth of damage. Applying the principle of contribution, how will the loss be divided between SecureSure and GuardianShield?
Correct
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the insurance by recovering more than the actual loss. Instead, the insurers share the loss in proportion to their respective liabilities. The core idea is to prevent the insured from making a profit by claiming the full amount of the loss from each insurer. Each insurer contributes only its proportional share of the loss, based on the terms and conditions of the policies. The principle is applied to maintain fairness among the insurers and prevent unjust enrichment of the insured. The calculation of contribution involves determining the ‘rateable proportion’ each insurer is liable for, often based on the sum insured by each policy. For instance, if two policies cover the same risk, one for $100,000 and another for $200,000, the first insurer would contribute 1/3 and the second 2/3 of the loss, up to their policy limits. This prevents over-indemnification and maintains the integrity of the insurance system. The policies’ ‘other insurance’ clauses define how contribution is managed.
Incorrect
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the insurance by recovering more than the actual loss. Instead, the insurers share the loss in proportion to their respective liabilities. The core idea is to prevent the insured from making a profit by claiming the full amount of the loss from each insurer. Each insurer contributes only its proportional share of the loss, based on the terms and conditions of the policies. The principle is applied to maintain fairness among the insurers and prevent unjust enrichment of the insured. The calculation of contribution involves determining the ‘rateable proportion’ each insurer is liable for, often based on the sum insured by each policy. For instance, if two policies cover the same risk, one for $100,000 and another for $200,000, the first insurer would contribute 1/3 and the second 2/3 of the loss, up to their policy limits. This prevents over-indemnification and maintains the integrity of the insurance system. The policies’ ‘other insurance’ clauses define how contribution is managed.
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Question 9 of 30
9. Question
A commercial building owned by “Kiwi Investments Ltd.” suffers fire damage resulting in a total loss of $100,000. Kiwi Investments Ltd. has two separate insurance policies covering the building: Policy A with a limit of $200,000 and Policy B with a limit of $300,000. Both policies contain a ‘rateable proportion’ clause. According to the principle of contribution, and considering New Zealand insurance regulations, how much will Policy A contribute to the loss?
Correct
The principle of contribution comes into play when multiple insurance policies cover the same risk. It ensures that the insured doesn’t profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionately. The aim is to provide indemnity, restoring the insured to their pre-loss financial position, but not better. The principle dictates how insurers share the loss, often based on their respective policy limits. The “rateable proportion” clause in insurance policies outlines this process. In this scenario, the total loss is $100,000. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. The total coverage available is $500,000. Policy A’s proportion of the coverage is \( \frac{200,000}{500,000} = 0.4 \), and Policy B’s proportion is \( \frac{300,000}{500,000} = 0.6 \). Therefore, Policy A contributes \( 0.4 \times 100,000 = $40,000 \), and Policy B contributes \( 0.6 \times 100,000 = $60,000 \). This ensures that the insured receives full indemnity without profiting, and each insurer contributes fairly based on their policy limits. The Fair Trading Act 1986 prohibits misleading and deceptive conduct, so insurers must accurately represent their contribution obligations.
Incorrect
The principle of contribution comes into play when multiple insurance policies cover the same risk. It ensures that the insured doesn’t profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionately. The aim is to provide indemnity, restoring the insured to their pre-loss financial position, but not better. The principle dictates how insurers share the loss, often based on their respective policy limits. The “rateable proportion” clause in insurance policies outlines this process. In this scenario, the total loss is $100,000. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. The total coverage available is $500,000. Policy A’s proportion of the coverage is \( \frac{200,000}{500,000} = 0.4 \), and Policy B’s proportion is \( \frac{300,000}{500,000} = 0.6 \). Therefore, Policy A contributes \( 0.4 \times 100,000 = $40,000 \), and Policy B contributes \( 0.6 \times 100,000 = $60,000 \). This ensures that the insured receives full indemnity without profiting, and each insurer contributes fairly based on their policy limits. The Fair Trading Act 1986 prohibits misleading and deceptive conduct, so insurers must accurately represent their contribution obligations.
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Question 10 of 30
10. Question
An insurance company in New Zealand collects detailed medical information from a client as part of a life insurance application. Without obtaining the client’s explicit consent, the company shares this information with a third-party marketing firm specializing in targeted health product advertising. Which New Zealand legislation is the insurance company most likely violating?
Correct
The Privacy Act 2020 governs the collection, use, and disclosure of personal information in New Zealand. Insurers collect a significant amount of personal information during underwriting, claims processing, and customer relationship management. Under the Privacy Act, insurers must inform customers about the purpose for collecting their information, how it will be used, and who it might be shared with. Customers have the right to access and correct their personal information held by the insurer. Sharing sensitive medical information with a third-party marketing company without the customer’s explicit consent would be a clear violation of the Privacy Act 2020. The Fair Trading Act 1986 relates to fair business practices, the Insurance Contracts Act 1977 deals with the terms of insurance contracts, and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 addresses financial crime.
Incorrect
The Privacy Act 2020 governs the collection, use, and disclosure of personal information in New Zealand. Insurers collect a significant amount of personal information during underwriting, claims processing, and customer relationship management. Under the Privacy Act, insurers must inform customers about the purpose for collecting their information, how it will be used, and who it might be shared with. Customers have the right to access and correct their personal information held by the insurer. Sharing sensitive medical information with a third-party marketing company without the customer’s explicit consent would be a clear violation of the Privacy Act 2020. The Fair Trading Act 1986 relates to fair business practices, the Insurance Contracts Act 1977 deals with the terms of insurance contracts, and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 addresses financial crime.
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Question 11 of 30
11. Question
A commercial property suffers a fire causing $100,000 in damages. The property is insured under two separate policies: First Rate Insurance with a policy limit of $80,000 and SecureCover with a policy limit of $20,000. Both policies cover the same risk. Applying the principle of contribution using the “independent liability” method, how much will First Rate Insurance contribute to the loss?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. The core idea is equitable distribution of the loss among insurers. Several methods exist for calculating contribution, including “equal shares,” “independent liability,” and “maximum liability.” The “independent liability” method calculates each insurer’s share based on what they would have paid had they been the sole insurer. This is determined by each policy’s individual terms, conditions, and limits. The insurer’s contribution is capped at the policy’s limit. This method acknowledges the specific risk assessment and pricing each insurer undertook independently. In this scenario, First Rate Insurance would have paid the full $80,000 (their policy limit) had they been the sole insurer because the loss was $100,000, exceeding their coverage. SecureCover would have paid $20,000 had they been the sole insurer, as that’s the limit of their policy. The total independent liability is $100,000 ($80,000 + $20,000). The loss is $100,000. First Rate Insurance’s contribution is calculated as ($80,000/$100,000) * $100,000 = $80,000. SecureCover’s contribution is ($20,000/$100,000) * $100,000 = $20,000.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. The core idea is equitable distribution of the loss among insurers. Several methods exist for calculating contribution, including “equal shares,” “independent liability,” and “maximum liability.” The “independent liability” method calculates each insurer’s share based on what they would have paid had they been the sole insurer. This is determined by each policy’s individual terms, conditions, and limits. The insurer’s contribution is capped at the policy’s limit. This method acknowledges the specific risk assessment and pricing each insurer undertook independently. In this scenario, First Rate Insurance would have paid the full $80,000 (their policy limit) had they been the sole insurer because the loss was $100,000, exceeding their coverage. SecureCover would have paid $20,000 had they been the sole insurer, as that’s the limit of their policy. The total independent liability is $100,000 ($80,000 + $20,000). The loss is $100,000. First Rate Insurance’s contribution is calculated as ($80,000/$100,000) * $100,000 = $80,000. SecureCover’s contribution is ($20,000/$100,000) * $100,000 = $20,000.
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Question 12 of 30
12. Question
Aroha owns a small business in Auckland. To protect her business premises against fire, she takes out two separate insurance policies: Policy A with a sum insured of $300,000 and Policy B with a sum insured of $600,000. Both policies contain a contribution clause. A fire causes $450,000 worth of damage to her business premises. Applying the Principle of Contribution under New Zealand insurance regulations, how much will Policy A pay towards the loss?
Correct
The scenario presented tests the understanding of the Principle of Contribution within the context of New Zealand insurance law. The Principle of Contribution applies when an insured has multiple insurance policies covering the same risk. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally, based on their respective policy limits or the terms outlined in their policies. In this case, Aroha has two policies: one for $300,000 and another for $600,000, totaling $900,000 in coverage. However, her actual loss is only $450,000. The Principle of Contribution dictates that each insurer will pay a portion of the loss, not exceeding their policy limit, based on the ratio of their policy limit to the total coverage. The first insurer’s share is calculated as ($300,000 / $900,000) * $450,000 = $150,000. The second insurer’s share is ($600,000 / $900,000) * $450,000 = $300,000. This ensures that Aroha is indemnified for her loss of $450,000 without making a profit, and that each insurer contributes fairly based on their coverage commitment. The Fair Trading Act 1986 is relevant here as it ensures that insurers act fairly and do not mislead the insured regarding their entitlements under the policy. The Insurance Contracts Act 1977 governs the general principles of insurance contracts, including contribution.
Incorrect
The scenario presented tests the understanding of the Principle of Contribution within the context of New Zealand insurance law. The Principle of Contribution applies when an insured has multiple insurance policies covering the same risk. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally, based on their respective policy limits or the terms outlined in their policies. In this case, Aroha has two policies: one for $300,000 and another for $600,000, totaling $900,000 in coverage. However, her actual loss is only $450,000. The Principle of Contribution dictates that each insurer will pay a portion of the loss, not exceeding their policy limit, based on the ratio of their policy limit to the total coverage. The first insurer’s share is calculated as ($300,000 / $900,000) * $450,000 = $150,000. The second insurer’s share is ($600,000 / $900,000) * $450,000 = $300,000. This ensures that Aroha is indemnified for her loss of $450,000 without making a profit, and that each insurer contributes fairly based on their coverage commitment. The Fair Trading Act 1986 is relevant here as it ensures that insurers act fairly and do not mislead the insured regarding their entitlements under the policy. The Insurance Contracts Act 1977 governs the general principles of insurance contracts, including contribution.
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Question 13 of 30
13. Question
Auckland-based entrepreneur, Hana, insures her commercial property against fire damage with two separate insurers: Kiwi Insurance for $600,000 and Southern Cross Assurance for $400,000. Both policies contain similar terms and conditions. A fire causes $200,000 worth of damage to the property. Considering the principle of contribution, how will the loss likely be shared between Kiwi Insurance and Southern Cross Assurance?
Correct
The principle of contribution comes into play when an insured has multiple insurance policies covering the same risk. This principle dictates how the insurers share the loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. The core idea is equitable distribution of the loss among the insurers based on their respective policy limits or other agreed-upon methods. It is essential to determine if the policies are concurrent (covering the same interest, risk, period, and peril) for the principle to apply. The principle of contribution ensures that the insured is indemnified for the loss but does not receive more than the actual loss suffered. If one insurer pays more than its share, it can seek contribution from the other insurers. This ensures fairness and prevents unjust enrichment. The Insurance Contracts Act 1977 (New Zealand) does not explicitly define the calculation of contribution, but the courts have established principles based on fairness and equity, often using methods like “independent liability” or “maximum liability.”
Incorrect
The principle of contribution comes into play when an insured has multiple insurance policies covering the same risk. This principle dictates how the insurers share the loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. The core idea is equitable distribution of the loss among the insurers based on their respective policy limits or other agreed-upon methods. It is essential to determine if the policies are concurrent (covering the same interest, risk, period, and peril) for the principle to apply. The principle of contribution ensures that the insured is indemnified for the loss but does not receive more than the actual loss suffered. If one insurer pays more than its share, it can seek contribution from the other insurers. This ensures fairness and prevents unjust enrichment. The Insurance Contracts Act 1977 (New Zealand) does not explicitly define the calculation of contribution, but the courts have established principles based on fairness and equity, often using methods like “independent liability” or “maximum liability.”
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Question 14 of 30
14. Question
Auckland-based business owner, Amir, has two separate property insurance policies for his warehouse: one with “SureProtect Insurance” for $500,000 and another with “KiwiCover Ltd.” for $300,000. A fire causes $400,000 worth of damage to the warehouse. Both policies have standard contribution clauses. Assuming both insurers agree to contribute, how will the claim settlement likely proceed, considering the principle of contribution?
Correct
The principle of contribution comes into play when multiple insurance policies cover the same risk. This principle ensures that the insured does not profit from the insurance by receiving more than the actual loss. Instead, the insurers share the loss proportionally. The purpose of contribution is to prevent the insured from making a profit by claiming the full amount from each insurer, which would violate the principle of indemnity. The principle of indemnity seeks to restore the insured to the financial position they were in before the loss, but not to improve it. Contribution is particularly relevant in situations where overlapping insurance policies exist, such as multiple property insurance policies covering the same building or multiple liability policies covering the same event. The principle of contribution is also important in ensuring fairness among insurers, as it prevents one insurer from bearing a disproportionate share of the loss. The specific method of calculating contribution can vary depending on the policy terms and the jurisdiction, but it generally involves determining each insurer’s proportionate share of the loss based on their policy limits or other agreed-upon factors. If the insured has not disclosed other policies, it could impact the insurer’s obligation to contribute.
Incorrect
The principle of contribution comes into play when multiple insurance policies cover the same risk. This principle ensures that the insured does not profit from the insurance by receiving more than the actual loss. Instead, the insurers share the loss proportionally. The purpose of contribution is to prevent the insured from making a profit by claiming the full amount from each insurer, which would violate the principle of indemnity. The principle of indemnity seeks to restore the insured to the financial position they were in before the loss, but not to improve it. Contribution is particularly relevant in situations where overlapping insurance policies exist, such as multiple property insurance policies covering the same building or multiple liability policies covering the same event. The principle of contribution is also important in ensuring fairness among insurers, as it prevents one insurer from bearing a disproportionate share of the loss. The specific method of calculating contribution can vary depending on the policy terms and the jurisdiction, but it generally involves determining each insurer’s proportionate share of the loss based on their policy limits or other agreed-upon factors. If the insured has not disclosed other policies, it could impact the insurer’s obligation to contribute.
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Question 15 of 30
15. Question
A commercial property in Auckland is insured under two separate policies: Policy A with a limit of $300,000 and Policy B with a limit of $200,000. A fire causes $100,000 worth of damage. Applying the principle of contribution, how much will Insurer A pay?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It applies when an insured has multiple policies that indemnify them for the same loss. Each insurer contributes proportionally to the loss based on their respective policy limits. The formula for calculating contribution is: (Policy Limit of Insurer A / Total Policy Limits) * Total Loss. In this scenario, we have two policies: Policy A with a limit of $300,000 and Policy B with a limit of $200,000. The total loss is $100,000. The total policy limits are $300,000 + $200,000 = $500,000. Insurer A’s contribution is ($300,000 / $500,000) * $100,000 = $60,000. Insurer B’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. This ensures that the insured does not profit from the insurance policies, adhering to the principle of indemnity. If the loss was greater than the contribution of one insurer, that insurer would pay to the limit of their policy and the other insurer would pay the remainder up to the total loss. Understanding contribution is crucial in managing claims and ensuring fair allocation of losses among insurers, especially in complex commercial insurance scenarios. It prevents over-insurance and moral hazard.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It applies when an insured has multiple policies that indemnify them for the same loss. Each insurer contributes proportionally to the loss based on their respective policy limits. The formula for calculating contribution is: (Policy Limit of Insurer A / Total Policy Limits) * Total Loss. In this scenario, we have two policies: Policy A with a limit of $300,000 and Policy B with a limit of $200,000. The total loss is $100,000. The total policy limits are $300,000 + $200,000 = $500,000. Insurer A’s contribution is ($300,000 / $500,000) * $100,000 = $60,000. Insurer B’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. This ensures that the insured does not profit from the insurance policies, adhering to the principle of indemnity. If the loss was greater than the contribution of one insurer, that insurer would pay to the limit of their policy and the other insurer would pay the remainder up to the total loss. Understanding contribution is crucial in managing claims and ensuring fair allocation of losses among insurers, especially in complex commercial insurance scenarios. It prevents over-insurance and moral hazard.
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Question 16 of 30
16. Question
Aysha has insured her commercial property under two separate insurance policies. Policy X has a coverage limit of $200,000, and Policy Y has a coverage limit of $300,000. A fire causes $100,000 worth of damage to the property. According to the principle of contribution, how much will each insurer pay?
Correct
The principle of contribution comes into play when an insured party has multiple insurance policies covering the same risk. This principle dictates how the insurers share the loss. The core idea is that no insurer should bear a disproportionate share of the loss, and the insured should not profit from the existence of multiple policies. The contribution is typically based on the ‘rateable proportion’ method, where each insurer contributes proportionally to the limit of their policy relative to the total coverage available. In this scenario, Aysha has two policies: Policy X with a limit of $200,000 and Policy Y with a limit of $300,000. The total coverage is $500,000. The loss incurred is $100,000. To calculate the contribution from each insurer, we determine each policy’s proportion of the total coverage. Policy X’s proportion is \( \frac{200,000}{500,000} = 0.4 \) and Policy Y’s proportion is \( \frac{300,000}{500,000} = 0.6 \). Therefore, Policy X contributes \( 0.4 \times 100,000 = \$40,000 \) and Policy Y contributes \( 0.6 \times 100,000 = \$60,000 \). This ensures that each insurer pays a fair share based on their policy limit, and Aysha is indemnified for her loss without making a profit. The principle of contribution prevents Aysha from claiming the full $100,000 from both insurers, which would violate the principle of indemnity.
Incorrect
The principle of contribution comes into play when an insured party has multiple insurance policies covering the same risk. This principle dictates how the insurers share the loss. The core idea is that no insurer should bear a disproportionate share of the loss, and the insured should not profit from the existence of multiple policies. The contribution is typically based on the ‘rateable proportion’ method, where each insurer contributes proportionally to the limit of their policy relative to the total coverage available. In this scenario, Aysha has two policies: Policy X with a limit of $200,000 and Policy Y with a limit of $300,000. The total coverage is $500,000. The loss incurred is $100,000. To calculate the contribution from each insurer, we determine each policy’s proportion of the total coverage. Policy X’s proportion is \( \frac{200,000}{500,000} = 0.4 \) and Policy Y’s proportion is \( \frac{300,000}{500,000} = 0.6 \). Therefore, Policy X contributes \( 0.4 \times 100,000 = \$40,000 \) and Policy Y contributes \( 0.6 \times 100,000 = \$60,000 \). This ensures that each insurer pays a fair share based on their policy limit, and Aysha is indemnified for her loss without making a profit. The principle of contribution prevents Aysha from claiming the full $100,000 from both insurers, which would violate the principle of indemnity.
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Question 17 of 30
17. Question
Three separate insurance policies cover a commercial property in Auckland damaged by a fire. Policy A has a limit of $200,000, Policy B has a limit of $300,000, and Policy C has a limit of $500,000. The total loss is assessed at $400,000. Assuming all policies contain a standard rateable contribution clause, what amount is Policy A liable to pay towards the loss?
Correct
The scenario highlights a complex situation involving multiple insurance policies covering the same loss. This triggers the principle of contribution, which dictates how insurers share the loss when multiple policies cover the same risk. The principle of contribution aims to prevent the insured from profiting from the loss (violating the principle of indemnity). The key is to determine the ‘rateable proportion’ each insurer is liable for. This is generally calculated based on the individual policy’s limit relative to the total limits of all applicable policies. In this case, three policies are in effect: Policy A ($200,000), Policy B ($300,000), and Policy C ($500,000). The total coverage is $1,000,000. Policy A’s rateable proportion is calculated as (Policy A Limit / Total Coverage) * Loss Amount. The loss is $400,000. Therefore, Policy A’s liability is ($200,000 / $1,000,000) * $400,000 = $80,000. This calculation demonstrates how the principle of contribution works in practice. It ensures that each insurer contributes proportionally to the loss based on the coverage they provide. Understanding this principle is crucial for insurance professionals in New Zealand, especially when dealing with complex claims involving multiple policies. The Insurance Contracts Act 1977 indirectly supports this principle by emphasizing fair dealing and good faith, which are essential for the proper application of contribution.
Incorrect
The scenario highlights a complex situation involving multiple insurance policies covering the same loss. This triggers the principle of contribution, which dictates how insurers share the loss when multiple policies cover the same risk. The principle of contribution aims to prevent the insured from profiting from the loss (violating the principle of indemnity). The key is to determine the ‘rateable proportion’ each insurer is liable for. This is generally calculated based on the individual policy’s limit relative to the total limits of all applicable policies. In this case, three policies are in effect: Policy A ($200,000), Policy B ($300,000), and Policy C ($500,000). The total coverage is $1,000,000. Policy A’s rateable proportion is calculated as (Policy A Limit / Total Coverage) * Loss Amount. The loss is $400,000. Therefore, Policy A’s liability is ($200,000 / $1,000,000) * $400,000 = $80,000. This calculation demonstrates how the principle of contribution works in practice. It ensures that each insurer contributes proportionally to the loss based on the coverage they provide. Understanding this principle is crucial for insurance professionals in New Zealand, especially when dealing with complex claims involving multiple policies. The Insurance Contracts Act 1977 indirectly supports this principle by emphasizing fair dealing and good faith, which are essential for the proper application of contribution.
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Question 18 of 30
18. Question
Aroha has insured her commercial property against fire damage with two separate insurance companies in New Zealand. She has a policy with Kiwi Insurance for $300,000 and another policy with Aotearoa Underwriters for $500,000. A fire causes $400,000 worth of damage to the property. According to the principle of contribution, how much will Kiwi Insurance contribute towards the loss?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core concept is that each insurer contributes proportionally to the loss, based on their respective policy limits. The formula to calculate the contribution from each insurer is: (Policy Limit of Insurer / Total Policy Limits) * Loss. In this scenario, Aroha has two policies: one with Kiwi Insurance for $300,000 and another with Aotearoa Underwriters for $500,000. The total policy limit is $800,000 ($300,000 + $500,000). The loss is $400,000. Kiwi Insurance’s contribution is calculated as ($300,000 / $800,000) * $400,000 = $150,000. Aotearoa Underwriters’ contribution is calculated as ($500,000 / $800,000) * $400,000 = $250,000. Therefore, Kiwi Insurance would contribute $150,000, and Aotearoa Underwriters would contribute $250,000. This ensures Aroha is indemnified for the loss without making a profit. This principle is crucial in situations where multiple insurance policies exist, preventing moral hazard and ensuring fair distribution of the loss among insurers. Understanding contribution is vital for insurance professionals when handling claims involving multiple policies.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core concept is that each insurer contributes proportionally to the loss, based on their respective policy limits. The formula to calculate the contribution from each insurer is: (Policy Limit of Insurer / Total Policy Limits) * Loss. In this scenario, Aroha has two policies: one with Kiwi Insurance for $300,000 and another with Aotearoa Underwriters for $500,000. The total policy limit is $800,000 ($300,000 + $500,000). The loss is $400,000. Kiwi Insurance’s contribution is calculated as ($300,000 / $800,000) * $400,000 = $150,000. Aotearoa Underwriters’ contribution is calculated as ($500,000 / $800,000) * $400,000 = $250,000. Therefore, Kiwi Insurance would contribute $150,000, and Aotearoa Underwriters would contribute $250,000. This ensures Aroha is indemnified for the loss without making a profit. This principle is crucial in situations where multiple insurance policies exist, preventing moral hazard and ensuring fair distribution of the loss among insurers. Understanding contribution is vital for insurance professionals when handling claims involving multiple policies.
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Question 19 of 30
19. Question
Two insurance policies cover a commercial property in Auckland. Policy A has a sum insured of $200,000, and Policy B has a sum insured of $300,000. Both policies contain a standard contribution clause. A fire causes $100,000 worth of damage. Assuming the rateable proportion method is used, how much will Policy A contribute to the loss?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents the insured from profiting from insurance by claiming the full amount from each policy. The core idea is equitable distribution of the loss among insurers. The method of contribution varies but commonly involves either “equal shares” or “rateable proportion” based on the sum insured by each policy. The “rateable proportion” method calculates each insurer’s share by dividing its policy’s sum insured by the total sum insured across all applicable policies, then multiplying by the total loss. In this case, Policy A covers $200,000, and Policy B covers $300,000, making the total coverage $500,000. Policy A’s proportion is \( \frac{200,000}{500,000} = 0.4 \), and Policy B’s proportion is \( \frac{300,000}{500,000} = 0.6 \). With a loss of $100,000, Policy A would contribute \( 0.4 \times 100,000 = 40,000 \), and Policy B would contribute \( 0.6 \times 100,000 = 60,000 \). This calculation ensures that each insurer pays a share of the loss proportionate to the coverage they provide, upholding the principle of indemnity and preventing over-insurance. The Insurance Contracts Act 1977 and common law principles in New Zealand support this approach to contribution, aiming for fairness and preventing unjust enrichment of the insured.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It prevents the insured from profiting from insurance by claiming the full amount from each policy. The core idea is equitable distribution of the loss among insurers. The method of contribution varies but commonly involves either “equal shares” or “rateable proportion” based on the sum insured by each policy. The “rateable proportion” method calculates each insurer’s share by dividing its policy’s sum insured by the total sum insured across all applicable policies, then multiplying by the total loss. In this case, Policy A covers $200,000, and Policy B covers $300,000, making the total coverage $500,000. Policy A’s proportion is \( \frac{200,000}{500,000} = 0.4 \), and Policy B’s proportion is \( \frac{300,000}{500,000} = 0.6 \). With a loss of $100,000, Policy A would contribute \( 0.4 \times 100,000 = 40,000 \), and Policy B would contribute \( 0.6 \times 100,000 = 60,000 \). This calculation ensures that each insurer pays a share of the loss proportionate to the coverage they provide, upholding the principle of indemnity and preventing over-insurance. The Insurance Contracts Act 1977 and common law principles in New Zealand support this approach to contribution, aiming for fairness and preventing unjust enrichment of the insured.
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Question 20 of 30
20. Question
A commercial property in Auckland, owned by “Kiwi Creations Ltd,” suffers fire damage resulting in a $50,000 loss. Kiwi Creations Ltd. has two separate insurance policies covering the property: Policy A with Insurer A has a limit of $200,000, and Policy B with Insurer B has a limit of $300,000. Assuming both policies cover the loss and contain a ‘contribution’ clause, how much will Insurer A contribute towards the $50,000 loss, according to the principle of contribution?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured doesn’t profit from the insurance by receiving more than the actual loss. The core idea is that each insurer pays a proportion of the loss based on their policy’s limit compared to the total coverage across all policies. The formula to determine the contribution from each insurer is: (Policy Limit of Insurer / Total Coverage) * Loss. In this case, the loss is $50,000. Insurer A has a policy limit of $200,000, and Insurer B has a policy limit of $300,000. The total coverage is $200,000 + $300,000 = $500,000. Insurer A’s contribution is ($200,000 / $500,000) * $50,000 = $20,000. Insurer B’s contribution is ($300,000 / $500,000) * $50,000 = $30,000. This ensures the insured is fully indemnified for the $50,000 loss without making a profit. The principle of contribution is crucial in situations where overlapping insurance policies exist, preventing moral hazard and ensuring fairness among insurers. This principle is underpinned by the broader goal of indemnity, which aims to restore the insured to their pre-loss financial position, no better, no worse. Understanding contribution is essential for insurance professionals to properly manage claims and avoid overpayment or underpayment, which could lead to legal disputes or reputational damage.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured doesn’t profit from the insurance by receiving more than the actual loss. The core idea is that each insurer pays a proportion of the loss based on their policy’s limit compared to the total coverage across all policies. The formula to determine the contribution from each insurer is: (Policy Limit of Insurer / Total Coverage) * Loss. In this case, the loss is $50,000. Insurer A has a policy limit of $200,000, and Insurer B has a policy limit of $300,000. The total coverage is $200,000 + $300,000 = $500,000. Insurer A’s contribution is ($200,000 / $500,000) * $50,000 = $20,000. Insurer B’s contribution is ($300,000 / $500,000) * $50,000 = $30,000. This ensures the insured is fully indemnified for the $50,000 loss without making a profit. The principle of contribution is crucial in situations where overlapping insurance policies exist, preventing moral hazard and ensuring fairness among insurers. This principle is underpinned by the broader goal of indemnity, which aims to restore the insured to their pre-loss financial position, no better, no worse. Understanding contribution is essential for insurance professionals to properly manage claims and avoid overpayment or underpayment, which could lead to legal disputes or reputational damage.
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Question 21 of 30
21. Question
Aaliyah has two insurance policies covering her commercial property in Auckland. Policy X has a limit of $300,000, and Policy Y has a limit of $200,000. Both policies cover the same risks. A fire causes $100,000 damage to the property. Applying the principle of contribution, how much will Policy X contribute towards the loss?
Correct
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally. The contribution is typically based on the “rateable proportion” each policy bears to the total coverage. To calculate the contribution, we need to determine each insurer’s share of the loss. This is done by dividing each policy’s limit by the total coverage and then multiplying by the loss amount. In this scenario, Aaliyah has two policies: Policy X with a limit of $300,000 and Policy Y with a limit of $200,000. The total coverage is $300,000 + $200,000 = $500,000. The loss incurred is $100,000. The contribution from Policy X is calculated as follows: ($300,000 / $500,000) * $100,000 = $60,000. The contribution from Policy Y is calculated as follows: ($200,000 / $500,000) * $100,000 = $40,000. Therefore, Policy X will contribute $60,000 and Policy Y will contribute $40,000 to cover the loss. This ensures that Aaliyah is indemnified for the loss but does not profit from it, adhering to the principle of contribution.
Incorrect
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally. The contribution is typically based on the “rateable proportion” each policy bears to the total coverage. To calculate the contribution, we need to determine each insurer’s share of the loss. This is done by dividing each policy’s limit by the total coverage and then multiplying by the loss amount. In this scenario, Aaliyah has two policies: Policy X with a limit of $300,000 and Policy Y with a limit of $200,000. The total coverage is $300,000 + $200,000 = $500,000. The loss incurred is $100,000. The contribution from Policy X is calculated as follows: ($300,000 / $500,000) * $100,000 = $60,000. The contribution from Policy Y is calculated as follows: ($200,000 / $500,000) * $100,000 = $40,000. Therefore, Policy X will contribute $60,000 and Policy Y will contribute $40,000 to cover the loss. This ensures that Aaliyah is indemnified for the loss but does not profit from it, adhering to the principle of contribution.
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Question 22 of 30
22. Question
A small Wellington-based bakery, “Sweet Success Ltd,” has two insurance policies covering fire damage: Policy A with Kiwi Insurance Ltd. for $200,000 and Policy B with Aotearoa General for $300,000. Both policies contain standard contribution clauses but do not specify a contribution method. A fire causes $100,000 worth of damage. Considering the general principles of insurance and contribution, what is the MOST likely outcome regarding how the claim will be settled?
Correct
The principle of contribution is a cornerstone of insurance, particularly relevant when an insured party holds multiple policies covering the same risk. It dictates how insurers share the burden of a loss, ensuring the insured does not profit from over-insurance. The core idea is equitable distribution, preventing unjust enrichment while upholding the principle of indemnity. When multiple policies exist, contribution clauses come into play. These clauses define how each insurer’s liability is determined. Common methods include “equal shares” (each insurer pays an equal amount up to its policy limit) and “rateable proportion” (each insurer pays a proportion based on its policy limit relative to the total coverage). The Insurance Contracts Act 1977 (NZ) doesn’t explicitly mandate a specific contribution method, leaving it to policy wording and common law principles. However, it implies a duty of good faith, meaning insurers must act fairly in determining their respective contributions. In a scenario where two policies cover the same risk, and a loss occurs that is less than the total coverage, the insurers will contribute proportionally to cover the loss, up to their individual policy limits. The insured cannot recover more than the actual loss (indemnity). If one policy has an “escape clause” (stating it doesn’t apply if other insurance exists), it may not contribute at all. However, escape clauses are often viewed unfavorably by the courts, especially if they create an unfair outcome for the insured. The overall aim is to provide fair compensation without allowing the insured to profit from the loss.
Incorrect
The principle of contribution is a cornerstone of insurance, particularly relevant when an insured party holds multiple policies covering the same risk. It dictates how insurers share the burden of a loss, ensuring the insured does not profit from over-insurance. The core idea is equitable distribution, preventing unjust enrichment while upholding the principle of indemnity. When multiple policies exist, contribution clauses come into play. These clauses define how each insurer’s liability is determined. Common methods include “equal shares” (each insurer pays an equal amount up to its policy limit) and “rateable proportion” (each insurer pays a proportion based on its policy limit relative to the total coverage). The Insurance Contracts Act 1977 (NZ) doesn’t explicitly mandate a specific contribution method, leaving it to policy wording and common law principles. However, it implies a duty of good faith, meaning insurers must act fairly in determining their respective contributions. In a scenario where two policies cover the same risk, and a loss occurs that is less than the total coverage, the insurers will contribute proportionally to cover the loss, up to their individual policy limits. The insured cannot recover more than the actual loss (indemnity). If one policy has an “escape clause” (stating it doesn’t apply if other insurance exists), it may not contribute at all. However, escape clauses are often viewed unfavorably by the courts, especially if they create an unfair outcome for the insured. The overall aim is to provide fair compensation without allowing the insured to profit from the loss.
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Question 23 of 30
23. Question
A commercial building in Auckland, owned by “Kiwi Investments Ltd,” suffers \$400,000 in fire damage. Kiwi Investments Ltd. has three separate insurance policies on the building to ensure adequate coverage. Insurer A has a policy limit of \$200,000, Insurer B has a policy limit of \$300,000, and Insurer C has a policy limit of \$500,000. All policies cover the same insurable interest, peril (fire), and loss. According to the principle of contribution, how much is Insurer A liable to contribute towards the \$400,000 loss?
Correct
The scenario describes a situation where multiple insurers cover the same loss. This triggers the principle of contribution, a cornerstone of insurance law designed to prevent the insured from profiting from a loss. Contribution dictates how the insurers share the loss. The key element is that all policies must cover the same insurable interest, the same peril, and the same loss. The ‘rateable proportion’ is calculated by dividing each insurer’s policy limit by the sum of all applicable policy limits, then multiplying by the total loss. This ensures each insurer pays a share proportionate to the risk they assumed. In this case, Insurer A’s proportion is calculated as their policy limit divided by the total policy limits, then multiplied by the actual loss. Specifically, Insurer A’s proportion is calculated as: Policy Limit of Insurer A / (Policy Limit of Insurer A + Policy Limit of Insurer B + Policy Limit of Insurer C) * Total Loss. In this scenario, that translates to: $200,000 / ($200,000 + $300,000 + $500,000) * $400,000 = $200,000 / $1,000,000 * $400,000 = 0.2 * $400,000 = $80,000. Therefore, Insurer A is liable to contribute $80,000 towards the total loss.
Incorrect
The scenario describes a situation where multiple insurers cover the same loss. This triggers the principle of contribution, a cornerstone of insurance law designed to prevent the insured from profiting from a loss. Contribution dictates how the insurers share the loss. The key element is that all policies must cover the same insurable interest, the same peril, and the same loss. The ‘rateable proportion’ is calculated by dividing each insurer’s policy limit by the sum of all applicable policy limits, then multiplying by the total loss. This ensures each insurer pays a share proportionate to the risk they assumed. In this case, Insurer A’s proportion is calculated as their policy limit divided by the total policy limits, then multiplied by the actual loss. Specifically, Insurer A’s proportion is calculated as: Policy Limit of Insurer A / (Policy Limit of Insurer A + Policy Limit of Insurer B + Policy Limit of Insurer C) * Total Loss. In this scenario, that translates to: $200,000 / ($200,000 + $300,000 + $500,000) * $400,000 = $200,000 / $1,000,000 * $400,000 = 0.2 * $400,000 = $80,000. Therefore, Insurer A is liable to contribute $80,000 towards the total loss.
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Question 24 of 30
24. Question
A commercial property owned by Aroha is insured under two separate policies. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. Both policies cover the same perils. A fire causes $100,000 in damage to the property. Assuming both policies contain a rateable proportion clause, how much will Policy A contribute to the loss based on the principle of contribution?
Correct
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It dictates how the insurers share the loss. The core concept is to prevent the insured from profiting from insurance (over-indemnification). Each insurer contributes proportionally to the loss, based on their respective policy limits. The formula to determine each insurer’s contribution is: (Policy Limit of Insurer / Total Policy Limits) * Total Loss. In this scenario, Policy A has a limit of $200,000 and Policy B has a limit of $300,000. The total policy limits are $500,000. The total loss is $100,000. Therefore, Policy A’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. Policy B’s contribution is ($300,000 / $500,000) * $100,000 = $60,000. This ensures the insured is fully indemnified for the loss (up to the total loss amount) but does not profit, and each insurer contributes fairly based on their agreed policy limit. This principle is vital in preventing moral hazard and maintaining fairness within the insurance system, adhering to the principle of indemnity. The principle of contribution is closely linked to the concept of ‘rateable proportion’ which is a common method for insurers to calculate their share of a loss when multiple policies cover the same risk.
Incorrect
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It dictates how the insurers share the loss. The core concept is to prevent the insured from profiting from insurance (over-indemnification). Each insurer contributes proportionally to the loss, based on their respective policy limits. The formula to determine each insurer’s contribution is: (Policy Limit of Insurer / Total Policy Limits) * Total Loss. In this scenario, Policy A has a limit of $200,000 and Policy B has a limit of $300,000. The total policy limits are $500,000. The total loss is $100,000. Therefore, Policy A’s contribution is ($200,000 / $500,000) * $100,000 = $40,000. Policy B’s contribution is ($300,000 / $500,000) * $100,000 = $60,000. This ensures the insured is fully indemnified for the loss (up to the total loss amount) but does not profit, and each insurer contributes fairly based on their agreed policy limit. This principle is vital in preventing moral hazard and maintaining fairness within the insurance system, adhering to the principle of indemnity. The principle of contribution is closely linked to the concept of ‘rateable proportion’ which is a common method for insurers to calculate their share of a loss when multiple policies cover the same risk.
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Question 25 of 30
25. Question
Tama has two separate insurance policies on his commercial building in Auckland. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. A fire causes $100,000 worth of damage to the building. Assuming both policies cover the loss and have a standard contribution clause, how much will Policy A contribute to the claim settlement?
Correct
The principle of contribution comes into play when an insured party has multiple insurance policies covering the same risk. This principle ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally, based on the coverage provided by each policy. The calculation involves determining each insurer’s share of the loss based on their policy limits relative to the total coverage. In this scenario, Tama has two policies: Policy A with a limit of $200,000 and Policy B with a limit of $300,000. The total coverage available is $500,000. A loss of $100,000 occurs. To determine how much Policy A will contribute, we calculate its proportion of the total coverage: Policy A’s share is $200,000 / $500,000 = 0.4 or 40%. Therefore, Policy A will contribute 40% of the loss, which is 0.4 * $100,000 = $40,000. Policy B would contribute the remaining $60,000. This ensures that Tama is indemnified for the loss but does not profit from it, and each insurer pays their fair share based on their policy limits. This aligns with the principle of indemnity, preventing over-compensation and maintaining fairness among insurers.
Incorrect
The principle of contribution comes into play when an insured party has multiple insurance policies covering the same risk. This principle ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally, based on the coverage provided by each policy. The calculation involves determining each insurer’s share of the loss based on their policy limits relative to the total coverage. In this scenario, Tama has two policies: Policy A with a limit of $200,000 and Policy B with a limit of $300,000. The total coverage available is $500,000. A loss of $100,000 occurs. To determine how much Policy A will contribute, we calculate its proportion of the total coverage: Policy A’s share is $200,000 / $500,000 = 0.4 or 40%. Therefore, Policy A will contribute 40% of the loss, which is 0.4 * $100,000 = $40,000. Policy B would contribute the remaining $60,000. This ensures that Tama is indemnified for the loss but does not profit from it, and each insurer pays their fair share based on their policy limits. This aligns with the principle of indemnity, preventing over-compensation and maintaining fairness among insurers.
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Question 26 of 30
26. Question
A commercial building owned by Hana, valued at \$800,000, suffers fire damage amounting to \$300,000. Hana has two insurance policies: Steadfast Insurance covering \$600,000 and Guardian Assurance covering \$400,000. Both policies include a standard contribution clause. According to the principle of contribution, how much will Steadfast Insurance pay towards the loss?
Correct
The scenario revolves around the principle of contribution, a cornerstone of insurance law. Contribution applies when multiple insurance policies cover the same risk and loss. The core idea is that insurers should share the loss proportionally to their respective liabilities. The principle prevents the insured from profiting by claiming the full amount from each insurer, which would violate the principle of indemnity. In this case, both insurers, Steadfast Insurance and Guardian Assurance, provide coverage for the same fire damage to the building. To determine each insurer’s contribution, we need to calculate their respective liabilities. Steadfast Insurance covers \$600,000, while Guardian Assurance covers \$400,000. The total coverage is \$1,000,000. The contribution from Steadfast Insurance is calculated as (Steadfast’s Coverage / Total Coverage) * Total Loss = (\$600,000 / \$1,000,000) * \$300,000 = \$180,000. The contribution from Guardian Assurance is calculated as (Guardian’s Coverage / Total Coverage) * Total Loss = (\$400,000 / \$1,000,000) * \$300,000 = \$120,000. This ensures that the insured receives full indemnity for the loss (\$300,000) without making a profit, and each insurer pays a fair share based on their coverage. The principle of contribution ensures fairness and prevents unjust enrichment in situations where multiple insurance policies are in place. This upholds the integrity of insurance contracts and promotes equitable claims settlement.
Incorrect
The scenario revolves around the principle of contribution, a cornerstone of insurance law. Contribution applies when multiple insurance policies cover the same risk and loss. The core idea is that insurers should share the loss proportionally to their respective liabilities. The principle prevents the insured from profiting by claiming the full amount from each insurer, which would violate the principle of indemnity. In this case, both insurers, Steadfast Insurance and Guardian Assurance, provide coverage for the same fire damage to the building. To determine each insurer’s contribution, we need to calculate their respective liabilities. Steadfast Insurance covers \$600,000, while Guardian Assurance covers \$400,000. The total coverage is \$1,000,000. The contribution from Steadfast Insurance is calculated as (Steadfast’s Coverage / Total Coverage) * Total Loss = (\$600,000 / \$1,000,000) * \$300,000 = \$180,000. The contribution from Guardian Assurance is calculated as (Guardian’s Coverage / Total Coverage) * Total Loss = (\$400,000 / \$1,000,000) * \$300,000 = \$120,000. This ensures that the insured receives full indemnity for the loss (\$300,000) without making a profit, and each insurer pays a fair share based on their coverage. The principle of contribution ensures fairness and prevents unjust enrichment in situations where multiple insurance policies are in place. This upholds the integrity of insurance contracts and promotes equitable claims settlement.
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Question 27 of 30
27. Question
Mr. Harawira owns a factory insured with two separate policies: Kiwi Insurance Ltd for $500,000 and Aotearoa Mutual for $750,000. A fire causes $600,000 worth of damage. Applying the principle of contribution, how much will Kiwi Insurance Ltd contribute to the claim settlement?
Correct
The scenario presents a complex situation involving multiple insurance policies and potential claims arising from a fire at a factory. The core issue revolves around the principle of contribution, which applies when multiple insurance policies cover the same loss. Contribution ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally based on their respective policy limits. In this case, the factory owner, Mr. Harawira, has two property insurance policies: one with Kiwi Insurance Ltd for $500,000 and another with Aotearoa Mutual for $750,000. The total loss from the fire is $600,000. To determine each insurer’s contribution, we need to calculate the proportion of the total coverage provided by each insurer. Kiwi Insurance Ltd’s proportion is \( \frac{500,000}{500,000 + 750,000} = \frac{500,000}{1,250,000} = 0.4 \). Therefore, Kiwi Insurance Ltd is responsible for 40% of the loss. Aotearoa Mutual’s proportion is \( \frac{750,000}{500,000 + 750,000} = \frac{750,000}{1,250,000} = 0.6 \). Therefore, Aotearoa Mutual is responsible for 60% of the loss. Kiwi Insurance Ltd’s contribution is \( 0.4 \times 600,000 = 240,000 \). Aotearoa Mutual’s contribution is \( 0.6 \times 600,000 = 360,000 \). Therefore, Kiwi Insurance Ltd will contribute $240,000 towards the loss, and Aotearoa Mutual will contribute $360,000. This ensures that Mr. Harawira is indemnified for his loss without making a profit, and the insurers share the responsibility proportionally according to their policy limits. The principle of contribution prevents the insured from receiving more than the actual loss incurred.
Incorrect
The scenario presents a complex situation involving multiple insurance policies and potential claims arising from a fire at a factory. The core issue revolves around the principle of contribution, which applies when multiple insurance policies cover the same loss. Contribution ensures that the insured does not profit from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally based on their respective policy limits. In this case, the factory owner, Mr. Harawira, has two property insurance policies: one with Kiwi Insurance Ltd for $500,000 and another with Aotearoa Mutual for $750,000. The total loss from the fire is $600,000. To determine each insurer’s contribution, we need to calculate the proportion of the total coverage provided by each insurer. Kiwi Insurance Ltd’s proportion is \( \frac{500,000}{500,000 + 750,000} = \frac{500,000}{1,250,000} = 0.4 \). Therefore, Kiwi Insurance Ltd is responsible for 40% of the loss. Aotearoa Mutual’s proportion is \( \frac{750,000}{500,000 + 750,000} = \frac{750,000}{1,250,000} = 0.6 \). Therefore, Aotearoa Mutual is responsible for 60% of the loss. Kiwi Insurance Ltd’s contribution is \( 0.4 \times 600,000 = 240,000 \). Aotearoa Mutual’s contribution is \( 0.6 \times 600,000 = 360,000 \). Therefore, Kiwi Insurance Ltd will contribute $240,000 towards the loss, and Aotearoa Mutual will contribute $360,000. This ensures that Mr. Harawira is indemnified for his loss without making a profit, and the insurers share the responsibility proportionally according to their policy limits. The principle of contribution prevents the insured from receiving more than the actual loss incurred.
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Question 28 of 30
28. Question
Auckland-based tech entrepreneur, Amir, has insured his commercial property against fire damage with two separate insurers. Policy A has a limit of \$500,000, and Policy B has a limit of \$750,000. A fire causes \$600,000 worth of damage to the property. Assuming both policies contain a “rateable proportion” clause, how will the loss be allocated between the two insurers, considering the principle of contribution?
Correct
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core idea is that each insurer contributes proportionally to the loss, based on their respective policy limits. This prevents over-indemnification. The contribution is typically calculated based on the ratio of each policy’s limit to the total insurance coverage available. The principle applies when multiple policies cover the same insurable interest, the same peril, and the same loss. The “rateable proportion” clause in insurance policies is directly related to the principle of contribution. It specifies how the insurer will calculate its share of the loss when other insurance policies also cover the same risk. If the insured were to claim the full amount from one insurer without considering the other policies, it would violate the principle of contribution and potentially lead to an unjust enrichment. The principle is designed to achieve equity among insurers and prevent the insured from receiving more than the actual loss suffered. It operates to distribute the financial burden of the loss fairly among the insurers providing coverage.
Incorrect
The principle of contribution dictates how multiple insurance policies covering the same risk share the loss. It ensures that the insured does not profit from having multiple policies. The core idea is that each insurer contributes proportionally to the loss, based on their respective policy limits. This prevents over-indemnification. The contribution is typically calculated based on the ratio of each policy’s limit to the total insurance coverage available. The principle applies when multiple policies cover the same insurable interest, the same peril, and the same loss. The “rateable proportion” clause in insurance policies is directly related to the principle of contribution. It specifies how the insurer will calculate its share of the loss when other insurance policies also cover the same risk. If the insured were to claim the full amount from one insurer without considering the other policies, it would violate the principle of contribution and potentially lead to an unjust enrichment. The principle is designed to achieve equity among insurers and prevent the insured from receiving more than the actual loss suffered. It operates to distribute the financial burden of the loss fairly among the insurers providing coverage.
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Question 29 of 30
29. Question
A commercial building owner in Christchurch, named Aaliyah, has insured her property against earthquake damage with two separate insurance companies. Policy A has a limit of $200,000, and Policy B has a limit of $300,000. Following a moderate earthquake, Aaliyah sustains damage amounting to $150,000. Applying the principle of contribution using the independent liability method, how much will Policy A contribute to the loss?
Correct
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It dictates how insurers share the loss. The core idea is that no insurer should pay more than its fair share of the loss. The ‘independent liability’ method is one way to determine this fair share. Under this method, each insurer pays the amount it would have paid had it been the only insurer, up to the limit of its policy. The total payout cannot exceed the actual loss suffered by the insured. This prevents the insured from profiting from the loss. In this scenario, the insured has two policies: Policy A with a limit of $200,000 and Policy B with a limit of $300,000. The loss is $150,000. If Policy A was the only policy, it would have paid the full $150,000 (as the loss is less than the policy limit). If Policy B was the only policy, it would also have paid the full $150,000. Therefore, under the independent liability method, Policy A contributes $150,000 and Policy B contributes $0 because the loss is already fully covered by Policy A’s contribution under the independent liability assessment.
Incorrect
The principle of contribution applies when an insured has multiple insurance policies covering the same risk. It dictates how insurers share the loss. The core idea is that no insurer should pay more than its fair share of the loss. The ‘independent liability’ method is one way to determine this fair share. Under this method, each insurer pays the amount it would have paid had it been the only insurer, up to the limit of its policy. The total payout cannot exceed the actual loss suffered by the insured. This prevents the insured from profiting from the loss. In this scenario, the insured has two policies: Policy A with a limit of $200,000 and Policy B with a limit of $300,000. The loss is $150,000. If Policy A was the only policy, it would have paid the full $150,000 (as the loss is less than the policy limit). If Policy B was the only policy, it would also have paid the full $150,000. Therefore, under the independent liability method, Policy A contributes $150,000 and Policy B contributes $0 because the loss is already fully covered by Policy A’s contribution under the independent liability assessment.
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Question 30 of 30
30. Question
A fire severely damages a warehouse owned by “Kiwi Imports Ltd.” Kiwi Imports Ltd. has two separate insurance policies covering the warehouse: Policy A with “SureProtect Insurance” has a limit of $600,000, and Policy B with “KiwiAssure” has a limit of $400,000. The total loss is assessed at $500,000. Considering the general principles of insurance, which principle most directly determines how SureProtect Insurance and KiwiAssure will share the loss payment?
Correct
The principle of contribution applies when multiple insurance policies cover the same loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally based on their respective policy limits or other agreed-upon methods. This principle ensures fairness among insurers and prevents unjust enrichment of the insured. The principle of indemnity aims to restore the insured to the same financial position they were in before the loss, no better, no worse. Contribution works in conjunction with indemnity to prevent over-compensation. Subrogation allows the insurer, after paying a claim, to step into the shoes of the insured and pursue any rights of recovery the insured may have against a third party who caused the loss. This helps the insurer recoup some of the claim payment and prevents the at-fault party from escaping liability. In the scenario, because two policies exist covering the loss, the principle of contribution dictates how the loss is shared between the insurers.
Incorrect
The principle of contribution applies when multiple insurance policies cover the same loss. It prevents the insured from profiting from the loss by claiming the full amount from each insurer. Instead, the insurers share the loss proportionally based on their respective policy limits or other agreed-upon methods. This principle ensures fairness among insurers and prevents unjust enrichment of the insured. The principle of indemnity aims to restore the insured to the same financial position they were in before the loss, no better, no worse. Contribution works in conjunction with indemnity to prevent over-compensation. Subrogation allows the insurer, after paying a claim, to step into the shoes of the insured and pursue any rights of recovery the insured may have against a third party who caused the loss. This helps the insurer recoup some of the claim payment and prevents the at-fault party from escaping liability. In the scenario, because two policies exist covering the loss, the principle of contribution dictates how the loss is shared between the insurers.