1. All of the following are reasons for employers to purchase Employers Liability (EL) except
a) to cover suits arising from injuries or diseases which are not covered under Workers Compensation (WC) laws
b) to cover the suits of dependents for loss of consortium
c) to cover third-party-action-over cases that arise from injuries to an employee
d) to cover suits by employees who seek damages for discriminatory labor practices
2. An employee of Alexander Manufacturing was injured by a defective machine Alexander purchased from Orr Corporation. The employee’s tort action against Orr was successful. Orr, in return, sued Alexander, alleging that Alexander failed to provide proper training on the machine. This claim (Orr vs. Alexander) is covered under Alexander’s EL coverage, and is called a
a) mass tort case
b) third-party-action-over case
c) loss of consortium case
d) joint and several liability case
3. EPL insurance is needed for organizations to help pay for losses arising from each of the following exposures except
(a) sexual harassment
(b) hostile work environment
(c) employee injury at the workplace
(d) failure to promote an employee
4. Linking an insured’s rates and premiums to his own loss history is called
a) schedule rating
b) experience rating
c) merit rating
d) statutory rating
5. A welder working on ships and employed by a shipyard located on a navigable river would be covered under which WC remedy?
a) Jones Act
b) US Longshore & Harborworkers Comp Act
c) Maritime Act
d) State’s WC statutes
6. Matthew lost an arm in a construction accident. After a treatment and recuperation period of several months, during which time he did not work, he returned to work at a lower paying job. What type of disability did Matthew experience?
a) temporary partial
b) permanent total
c) permanent partial
d) temporary total
7. Employees generally may be successful in bringing suit against their employers after an occupational injury in all except which of the following instances?
a) employee’s injuries are intentionally caused by employer
b) employee works as a domestic worker (maid)
c) employee’s injuries are as a result of the employer acting in some capacity other than employer
d) employee is subject to WC statute and employer has purchased WC coverage to meet its financial responsibility
8. “Jones Act” is a federal workers compensation statute designed to provide remedy to employees in which of the following situations?
a) federal employee working in a office at a marina
b) dock worker loading and unloading ships
c) crew member of an oceangoing cargo ship
d) employee of a contractor who is working at a shipyard
9. The function of ballast in an experience modifier calculation is to
a) incorporate insurer’s expenses associated with the insured’s loss history
b) moderate swings between large credits and debits
c) eliminated redundancy in the insured’s loss and history
d) provide credit for losses that have been recuperated through subrogation against a responsible third party
10. The limits of liability provided in the EL section of the WC policy represent the most the insurer will pay for
a) bodily injury (BI) caused by accident; BI caused by total accidents in the policy period; BI caused by disease
b) BI caused by accident; BI caused by disease during the policy period: BI caused by disease to each employee
c) BI caused by accident; BI caused by negligence; BI caused by disease
d) BI to employee; BI to family members; BI total for policy period
11. Before the enactment of WC statutes, employers were protected by common law defenses, which included all of the following except
a) assumption of risk
b) “employment at will” doctrine
c) contributory negligence
d) fellow-servant rule
12. Regarding WC & EL policies, each state has its own version of the policy and there is little standardization across the states. Part One is very lengthy and contains many conditions, provisions and definitions.
13. An explosion and fire occurred at Sky Ranch, resulting in injuries to several employees. The limit on the El portion of Sky Ranch’s WC&EL policy is $1,000,000/$1,000,000/$1,000,000. Occupational injuries for employees totaled $5,000,000. How much of the total for employee injuries will the WC&EL policy insurer pay?
c) full amount of benefits required by state’s WC law
d) full amount of benefits required by state’s WC law plus punitive damages for allowing the explosion to occur
14. The U.S. WC system has specific goals, including all except
a) eliminate the delays and costs of litigation to injured employee
b) establish a guarantee of payment to the injured employee, secured by insurance
c) promote industrial hygiene and safety
d) protect the profits of employers
15. The distinction between an independent contractor and an employee is important in the determination of coverage under a WC&EL policy. Which of the following facts would be primarily considered when making such a determination?
a) the number of hours worked each week
b) how the business pays the worker
c) the type of duties performed by the worker (skilled vs. unskilled)
d) how long the worker has been on the job
16. Under item 3.a. on the WC&EL information page, which states should be listed?
a) state(s) in which the insured may expand in the future and begin operations
b) state(s) in which the insured currently operates
c) monopolistic states in which the insured may operate
d) all of the above
17. While trying to pick up a heavy box at work, Scott injured his back and could not work at all for three weeks. What type of disability benefit would Scott receive from his employers WC&EL policy?
a) temporary partial
b) temporary total
c) permanent partial
d) permanent total
18. Factors considered in the development of WC experience modifiers include all except
a) expected or anticipated losses
b) adjusted actual losses
c) general insurer expenses
19. Marshall Company has experienced an increased frequency in its injuries to workers over the past four years, but all of the claims have been very small. Its competitor, Goldman Company, has been unfortunate in that it has incurred two very large losses, including one death claim, in the same time period. Which firm will most likely experience an increase in its experience modifier?
a) Marshall Company
b) Goldman Company
20. An employee of a general contractor working at a US Air Force base in a foreign country is covered for occupational injuries under which remedy?
a) Foreign Voluntary Compensation
b) Defense Base Act
c) Jones Act
d) Federal Employers’ Liability Act
21. Which is the primary goal of experience rating on WC&EL policies?
a) to increase profitability of insurers on their WC line of business
b) to hold individual firms accountable for their loss history and encourage loss control and prevention
c) to punish the insured for having losses
d) none of the above; experience rating is not used for WC&EL
22. Workers compensation claims may be reduced or avoided through
a) employment application screening questions
b) requiring employees to take sick leave for on the job injuries
c) retaliation against workers filing a claim
d) company policies that prohibit visiting a doctor unless the injury is severe
23. Professional liability policies written for financial and legal professionals are often based on contractual obligations. Many suits allege violation of state or federal law. One such important law which generates lawsuits for lack of transparency in financial statements is
a) Workers Compensation Act
b) Dodd-Frank Act (2010)
c) Title IX
d) Financial Modernization Act (1999)
24. Under the WC statutes of most states, three basic requirements must be met when an occupational injury occurs, in order for the injury to be covered for WC benefits. Which of the following is not one of these basic requirements?
a) Injury must arise out of employment
b) Injury must be accidental
c) Injured party must have worked for the employer a minimum of 30 days
d) Injury must occur in course and scope of employment
25. If a worker’s company is domiciled in one state and he crosses state lines to work in another state, how does his company’s WC insurer respond to an injury he has in that other state?
a) Benefits prescribed by the WC statute in the state in which he is injured are the primary source of his benefits.
b) The other state must be listed in item 3.b. of the WC information page for benefits to apply
c) The worker may choose either state’s WC benefits, as long as the other state is listed in item 3.c. of the WC information page.
d) There is no coverage for this employee, since he was injured outside the state in which his company is domiciled.
26. A clerical worker who works in an office right outside the dock of a shipping company on navigable waters usually stays in her office every day, but on this one special occasion she had to go on board a ship to pick up a report. If she is injured on board the ship, under what remedy may she claim benefits for her injury?
a) US Longshore & Harborworkers Comp Act
b) Maritime Act
c) Employers Liability
d) State WC statute
27. If a business has an experience modifier of 1.06, this means
a) the business will have to pay 6% higher rates than its peers because of its loss history.
b) the business will be paying 6% less in rates than its peers because of its loss history.
c) the business has to terminate 6% of its employees.
d) the business is entitled to a 6% dividend at the end of the policy contract term.
28. In order to help insurers identify problem claims trends in worker injuries in advance, the industry is moving towards the use of
a) predictive modeling.
b) credit scoring for workers.
c) denying more claims.
d) reducing risk control measures.
29. The duty to discharge duties with informed judgment as would a reasonable person describes which of the duties of directors and/or officers of an organization?
a) Duty of Care
b) Duty of Loyalty
c) Duty of Disclosure
d) Duty of Obedience
30. Which type of claim or suit is an organization more likely to experience over the course of its operational life cycle?
a) General Liability related accident
b) Employment Practices Liability incident
31. Regarding professional liability insurance contracts, the Insurance Service Office (ISO) has written a nearly perfect version of the policy and there is a lot of standardization across various companies.
32. The majority of professional liability policies are written on a special type of insurance contract form, which includes an extended reporting period. An extended reporting period insures that
a) the insured has an additional 90 days of coverage under the policy, after the expiration date
b) the insured has additional time in which to report an incident or claim which occurred during the policy period.
c) The insured has an additional limit of liability, which may be added to the limit under the policy term, in the event a pending claim exceeds the original policy limit.
d) The insured has an unlimited amount of time in which to report incidents or claims, which occurred during the policy period.
33. All of the following types of compensable damages under a professional liability policy except
a) nominal damages
b) property damages
c) consequential damages
d) liquidated damages
34. If claims alleging professional liability misconduct go to trial, often an expert witness is called on to testify. The main reason an expert witness would be called on is to
a) comply with policy conditions that stipulate an expert witness is required
b) prove the defendant is innocent
c) help the jury understand the complicated issues of the case
d) help “pad” the bill against the defendant and therefore provide more compensation for the injured plaintiff.
35. Insurance contracts for professional liability policies are usually written only for traditional professions-law, medicine and education.
36. When establishing the reliability of expert witnesses, each of the following are used as criteria except
a) best practices standards
b) written statements from professional organizations
c) articles published in professional trade magazines
d) the net worth of the professional expert witness
37. Which doctrine is the standard for when expert testimony is not needed, because the act speaks for itself and requires no further explanation?
a) res ipsa loquitur
b) carpe diem
c) a priori
d) ad nauseam
38. Professional liability policies differ from general liability policies in many ways, but one significant difference is
a) the length of the term of the policy
b) how the cancellation condition works
c) the consent to settle clause
d) professional liability policies do not require negligence on the part of the insured
39. One type of professional liability policy is written for employment practices liability. The policy form we discussed has specific stipulations. One important feature is
a) defense costs are within the policy limit
b) coverage is written on an occurrence form
c) policy cannot be cancelled once written
d) coverage term is longer than one year
40. What is the most important feature listed on the declarations page of a professional liability policy- one that can have the greatest impact on coverage?
a) retroactive date
b) effective date
c) premium for extended reporting period
d) policy premium
41. In a professional liability policy, liquidated damages may be paid. These damages represent
a) the amount of money to be awarded when assets are liquidated to cover a claim.
b) A specified amount of money stipulated in a contract as the amount to be recovered if a breach of contract occurs.
c) A payment awarded by a court to indemnify an injured party for losses that result indirectly from a civil wrong.
42. Nominal damages may be paid to a plaintiff-bringing suit against a defendant for professional misconduct. These damages are
a) imposed on the defendant to punish him or her or the corporation for wrongful acts.
b) Intended to prove the defendant was strictly liable
c) Usually a flat amount of $1,000,000
d) Awarded to the plaintiff when a breach of contract has occurred but no real financial loss was suffered, and are usually very small dollar amounts.
43. If a patient falls off the doctor’s examination table before the doctor gets into the room, resulting injury would be compensable under the doctor’s
a) medical malpractice (professional liability) coverage
b) general liability coverage
c) workers compensation coverage
d) accident and injury coverage
44. A type of suit based on professional misconduct of insurance companies alleges things such as claims not paid on time, or improper treatment of claimants. This type of suit is based on allegations of
a) “wrongful acts”
b) “bad faith”
c) “unfair trade practices”
d) “false advertising”
45. Screening clients, using signed client waivers and adhering to industry standards are all
a) legal requirements of the professional liability policy
b) defenses against EPL claims
c) risk control measure aimed at reducing professional liability claims
d) requirements of licensing laws governing professionals
46. Allegations of practicing beyond the scope of one’s licenses and negligent selection of materials are common allegations against which group of professionals?
a) general contractors
b) insurance agents
c) home improvement stores
47. In which of the following types of lawsuits might an expert witness be required to establish that a wrongful act has been committed?
a) surgeon leaves a sponge inside a patient after surgery is over
b) driver ran a red light and hit the plaintiff’s car
c) surgeon removes the patient’s healthy right kidney instead of the diseased left kidney
d) doctor prescribed a course of treatment for cancer which makes the patient worse instead of better.
48. If a person does not like the way his new nose turned out after a cosmetic surgeon completes his surgery, because he claims his nose doesn’t “fit him”, a suit against the surgeon may be covered under his
a) medical malpractice (professional liability) policy
b) general liability policy
c) physicians and surgeons policy
d) none of the above
49. Directors and Officers have defined responsibilities, including each of the following except
(a) guarantees a profit for the organization
(b) establishes corporate policy
(c) makes major business decisions
(d) appoints executives
50. A legal action or suit brought against D&Os by shareholders in the name of the corporation is called a
(a) derivative suit
(b) class action suit
(c) non-derivative suit