I85PREP
⌘ K
DE Property & Casualty study materials
DE Property & Casualty study resources

DE Property & Casualty practice questions

One question at a time. Build your DE Property & Casualty understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Insurance Regulation and Licensing

In Delaware, the official who heads the Department of Insurance and enforces the state's insurance laws is best described as:

  1. A director appointed by the Governor to serve at the Governor's pleasure
  2. An Insurance Commissioner chosen by the voters of the state Correct answer.
  3. The Secretary of State acting in an additional capacity
  4. A governing board made up of insurer and producer representatives

Explanation

Delaware's insurance regulator is the Insurance Commissioner, who heads the Department of Insurance and administers the Insurance Code. The position is filled by statewide election rather than by appointment, which makes the Commissioner directly accountable to voters.

Question 2Insurance Regulation and Licensing

A producer collects an advance premium from an applicant and holds it before sending it to the insurer. In what capacity does the producer hold those funds?

  1. As an earned commission once the application is signed
  2. As a charitable contribution until the policy is issued
  3. In a fiduciary capacity for the insurer or the insured Correct answer.
  4. As ordinary business income available for any agency use

Explanation

Premium funds collected by a producer belong to the insurer or the insured, not to the producer, and are therefore held in trust under a fiduciary standard. The producer must account for and remit those funds as required by law and the agency agreement.

Question 3Insurance Regulation and Licensing

Which of the following practices is prohibited for a producer who holds premium funds in a trust account?

  1. Using premium funds to pay the agency's rent and operating expenses Correct answer.
  2. Depositing premiums into an account specifically designated as a premium trust account
  3. Reconciling the trust account balance on a monthly basis
  4. Withdrawing earned commission after the premium has been remitted to the insurer

Explanation

Commingling occurs when trust funds are used for the producer's own obligations, such as rent or payroll. Premium trust funds may be used only for purposes connected with the insurance transactions they represent, and misuse can lead to license discipline.

Question 4Insurance Regulation and Licensing

A producer offers to give part of her commission back to a prospect if the prospect buys a policy through her. This conduct is:

  1. Permitted when the policy premium exceeds a threshold set by rule
  2. Permitted if the arrangement is disclosed in writing to the applicant
  3. Permitted if the Commissioner grants prior approval for the arrangement
  4. Prohibited as an unlawful rebate of premium or commission Correct answer.

Explanation

Rebating is the giving or offering of any inducement not specified in the policy, such as a share of commission, to obtain business. It is an unfair trade practice because it gives selected buyers an advantage not reflected in the policy or filed rates.

Question 5Insurance Regulation and Licensing

An agent tells a client that her current insurer is on the verge of insolvency, a statement the agent knows to be false, in order to persuade her to replace her policy. This conduct is best identified as:

  1. Twisting Correct answer.
  2. Unfair discrimination
  3. Lawful competitive advertising
  4. Controlled business

Explanation

Twisting is inducing a policyholder to lapse, surrender, or replace coverage through misrepresentation or incomplete comparison of policies. The knowing use of a false statement about the existing insurer is the defining feature.

Question 6Insurance Regulation and Licensing

A producer circulates a written statement to prospects falsely asserting that a competing insurer is financially unsound, intending to harm that insurer's business. This is:

  1. Misrepresentation of policy terms
  2. Defamation Correct answer.
  3. Coercion
  4. Unfair discrimination

Explanation

Defamation in insurance regulation means publishing a false statement that is maliciously critical of or derogatory to an insurer's financial condition. The intent to injure the insurer's standing is what separates it from an innocent error.

Question 7Insurance Regulation and Licensing

An insured submits a complete claim file, but the insurer neither pays nor denies the claim for several months and offers no explanation when asked. This conduct is best characterized as:

  1. An unfair claim settlement practice Correct answer.
  2. Proper, because an insurer may investigate for an unlimited period
  3. Acceptable, because small claims need not be answered promptly
  4. Proper, provided the producer is notified of the delay

Explanation

Unfair claim settlement practices include failing to acknowledge and act promptly on communications about a claim and failing to adopt reasonable standards for investigation. Unjustified delay without explanation exposes the insurer to regulatory action.

Question 8Insurance Regulation and Licensing

A person who in good faith reports suspected insurance fraud to the Department of Insurance is:

  1. Liable for defamation if the suspicion turns out to be unfounded
  2. Immune from civil liability arising from the report Correct answer.
  3. Barred from reporting unless the insurer authorizes disclosure
  4. Required to post a bond before the report is accepted

Explanation

Fraud-reporting statutes grant limited immunity from civil liability for persons who report suspected fraud in good faith to the regulator or to insurers. The immunity encourages reporting without fear of retaliatory litigation.

Question 9Insurance Regulation and Licensing

Before a producer may transact business on behalf of a particular insurer, the insurer generally must:

  1. Pay the producer a fixed annual retainer
  2. File an appointment for the producer with the Department Correct answer.
  3. Obtain the producer's consumer credit report
  4. Provide a surety bond covering the producer

Explanation

An appointment is the insurer's notice to the Department that a licensed producer is authorized to act for it. Acting for an insurer without a filed appointment is generally unlawful even if the producer holds a valid license.

Question 10Insurance Regulation and Licensing

When an insurer terminates a producer's appointment because the producer misappropriated premiums, the insurer is generally required to:

  1. Notify the Commissioner within the period prescribed by statute Correct answer.
  2. Obtain the Commissioner's prior written approval of the termination
  3. Notify only the producer's current policyholders of the termination
  4. Wait for the producer to request a hearing before taking any action

Explanation

Insurers must report terminations of producer appointments to the insurance regulator, and terminations for cause typically require additional information about the reason. This reporting allows the Department to track conduct that may warrant license action.

Question 11Insurance Regulation and Licensing

A producer who is licensed and in good standing in another state generally may obtain a Delaware nonresident producer license by:

  1. Being sponsored by a Delaware resident producer
  2. Reciprocity, without retaking a Delaware licensing examination Correct answer.
  3. Establishing residency in Delaware for at least one year
  4. Passing the Delaware licensing examination again

Explanation

Reciprocity allows a nonresident who holds a valid home-state license to be licensed in Delaware without duplicating the examination. The home-state license serves as evidence that the producer has met the baseline qualification requirements.

Question 12Insurance Regulation and Licensing

A Delaware producer knowingly places a client's homeowners coverage with an insurer that is not authorized to do business in the state, and the placement is not handled under the surplus lines rules. The producer has:

  1. Acted lawfully because the premium was lower than the authorized market
  2. Committed only a clerical error correctable by refiling paperwork
  3. Acted lawfully because the client agreed to the placement
  4. Violated state insurance law Correct answer.

Explanation

Transacting insurance with an unauthorized insurer is generally prohibited unless a specific exception, such as the surplus lines mechanism, applies. The client's consent or a lower price does not cure the unauthorized placement.

Question 13Insurance Regulation and Licensing

Which condition generally must be met before a risk may be placed with a nonadmitted insurer as surplus lines business?

  1. The insured must be a large commercial entity
  2. The nonadmitted insurer must be a Delaware domestic company
  3. The coverage must be declined by or unavailable from authorized insurers Correct answer.
  4. The Commissioner must approve each individual policy

Explanation

Surplus lines exists as a market of last resort, so the producer must first show that authorized insurers will not write the risk. Only then may an eligible nonadmitted insurer be used, subject to the surplus lines filing and tax requirements.

Question 14Insurance Regulation and Licensing

An agent holding express authority to bind coverage for a commercial property insurer accepts a risk by telephone and confirms coverage, though the application has not yet been submitted. The insurer is:

  1. Never bound until a policy is physically issued
  2. Bound only if the insured signs a written binder
  3. Bound, because the agent acted within the authority granted Correct answer.
  4. Bound only after the applicant's premium payment clears the bank

Explanation

When an insurer confers authority to bind, an oral or written binder creates coverage from the moment the agent exercises that authority. Policy issuance and premium collection are subsequent steps that do not undo the binding.

Question 15Insurance Regulation and Licensing

An insurer's conduct leads a customer to reasonably believe that a producer has authority the insurer never formally granted. This is known as:

  1. Statutory authority
  2. Apparent authority Correct answer.
  3. Express authority
  4. Implied authority

Explanation

Apparent authority arises from the impression the insurer creates in the mind of the public, not from the actual instructions given to the agent. The insurer may be bound by acts that fall within that reasonable appearance of authority.

Question 16Insurance Regulation and Licensing

An insurer's adjuster repeatedly assures an insured that late notice of a loss will not affect the claim, and the insured relies on that assurance. The insurer is most likely:

  1. Estopped from denying coverage on the late-notice ground Correct answer.
  2. Liable only for a refund of the premium paid
  3. Required to refer the denial decision to the Commissioner first
  4. Able to deny the claim because policy conditions are absolute

Explanation

An insurer that voluntarily waives a policy condition through its agent's representations generally cannot later enforce that condition against an insured who relied on it. This result rests on waiver and estoppel rather than on any change to the policy language.

Question 17Insurance Regulation and Licensing

Which statement about the Commissioner's examination authority over licensed producers is correct?

  1. The Commissioner may examine the books and records of licensees Correct answer.
  2. An examination may be ordered only after a consumer complaint is filed
  3. Only federal agencies may examine a producer's records
  4. An examination may proceed only with the licensee's written consent

Explanation

Market conduct and financial examination authority allows the Commissioner to inspect the records of licensees to determine compliance with the insurance code. Refusing to allow an examination is itself grounds for license action.

Question 18Insurance Regulation and Licensing

The primary purpose of requiring continuing education for licensed producers is to:

  1. Generate revenue for the state's general fund
  2. Maintain and update the producer's professional knowledge and competence Correct answer.
  3. Limit the total number of licensed producers in the state
  4. Replace the initial licensing examination

Explanation

Continuing education exists so licensees keep pace with changes in products, law, and ethics throughout their careers. Licensing exams test entry-level competence; continuing education maintains it over time.

Question 19Insurance Regulation and Licensing

Which activity may an unlicensed person perform without violating state licensing law?

  1. Negotiating policy terms on behalf of an insured for a fee
  2. Soliciting applications for a homeowners policy
  3. Referring an acquaintance to a licensed producer without discussing coverage and receiving no compensation Correct answer.
  4. Accepting a share of commission from a licensed producer for a sale

Explanation

Uncompensated referrals that involve no discussion of policy terms generally do not require a license. Soliciting, negotiating, or receiving commissions are the activities licensing law reserves to licensees.

Question 20Insurance Regulation and Licensing

Before the Commissioner may revoke a producer's license, the licensee is generally entitled to:

  1. Compensation for commissions lost during the proceeding
  2. A jury trial in the state superior court
  3. Notice of the charges and an opportunity for a hearing Correct answer.
  4. An automatic one-year stay of all proceedings

Explanation

Administrative due process requires that a licensee be told the grounds for the proposed action and be given a chance to respond at a hearing. This protects against arbitrary discipline while preserving the Commissioner's enforcement role.

Question 21Insurance Regulation and Licensing

An insurer organized and chartered under the laws of Delaware is classified as:

  1. Alien
  2. Domestic Correct answer.
  3. Foreign
  4. Nonadmitted

Explanation

Classification depends on the jurisdiction of organization: an insurer formed under Delaware law is domestic in Delaware. The same company would be considered foreign in every other state.

Question 22Insurance Regulation and Licensing

Before an insurer may transact insurance business in Delaware, it must obtain which document from the Department of Insurance?

  1. A certificate of deposit from a state bank
  2. A surety bond payable to the state treasurer
  3. A producer license for each of its officers
  4. A certificate of authority Correct answer.

Explanation

A certificate of authority is the grant of permission for an insurer to operate in the state. Transacting business without one makes the insurer unauthorized and exposes those who place business with it to penalties.

Question 23Insurance Regulation and Licensing

A licensed producer sells a policy and then splits the commission with an unlicensed acquaintance who helped make the sale. The producer has:

  1. Violated the prohibition on sharing commissions with unlicensed persons Correct answer.
  2. Acted lawfully because the split was disclosed to the client
  3. Acted lawfully because the acquaintance is a family friend
  4. Committed only a minor bookkeeping error

Explanation

Commission sharing with an unlicensed person is prohibited because it effectively allows unlicensed parties to be compensated for activities that require a license. The prohibition applies regardless of the relationship between the parties.

Question 24Insurance Regulation and Licensing

Under federal privacy requirements applicable to insurance licensees, a producer must generally:

  1. Safeguard nonpublic personal financial information and limit its disclosure Correct answer.
  2. Store customer account numbers on a shared drive accessible to all staff
  3. Provide an annual credit report to every applicant
  4. Sell customer information to marketing firms to offset operating costs

Explanation

Privacy rules require licensees to protect nonpublic personal financial information and to limit disclosure to permitted purposes, with notice and opt-out rights where applicable. Reasonable safeguards for customer data are a core obligation.

Question 25Insurance Regulation and Licensing

A producer who is appointed by an insurer and authorized to transact business on its behalf is generally treated in law as:

  1. The agent of the insurer for the business placed Correct answer.
  2. The agent of the insured in every circumstance
  3. An employee of the Department of Insurance
  4. A neutral third party with no agency relationship

Explanation

Because the insurer appoints and authorizes the producer, the producer acts as the insurer's agent, and the insurer is responsible for acts within that authority. The producer may owe duties to the customer as well, but the agency relationship with the insurer controls legal responsibility.

Question 26General Insurance Concepts

Which type of risk is generally considered insurable by a private insurer?

  1. Speculative risk
  2. Market risk
  3. Pure risk Correct answer.
  4. Investment risk

Explanation

Pure risk involves only the chance of loss or no loss, with no possibility of gain, which makes it measurable and insurable. Speculative, investment, and market risks all include a chance of gain and are generally not insured.

Question 27General Insurance Concepts

For property insurance, when must insurable interest exist?

  1. At the time the application is signed
  2. Continuously from application through expiration
  3. At the policy's inception date
  4. At the time of the loss Correct answer.

Explanation

Property insurance requires insurable interest at the time of loss, because the insured must suffer an actual financial loss to collect. A property owner who sells a building and later has a loss no longer has an insurable interest.

Question 28General Insurance Concepts

The principle of indemnity is best described as:

  1. Requiring insurance equal to the property's current market value
  2. Restoring the insured to roughly the same financial position held before the loss Correct answer.
  3. Guaranteeing the insured a profit after every covered loss
  4. Paying the full policy limit for each covered loss regardless of damage

Explanation

Indemnity means the insured should be restored to approximately the financial position held before the loss, no better and no worse. Paying more than the actual loss would violate indemnity and invite moral hazard.

Question 29General Insurance Concepts

An applicant exaggerates a prior fire loss hoping to obtain a larger settlement later. This behavior is an example of:

  1. A morale hazard
  2. A physical hazard
  3. A legal hazard
  4. A moral hazard Correct answer.

Explanation

Moral hazard refers to dishonesty or questionable character that increases the likelihood or size of a loss. Deliberately misstating loss history to gain a larger payout is a classic moral hazard.

Question 30General Insurance Concepts

Which section of an insurance policy lists the named insured, policy period, coverage limits, and description of the insured property?

  1. Declarations Correct answer.
  2. Conditions
  3. Insuring agreement
  4. Exclusions

Explanation

The declarations page personalizes the policy by naming the insured, stating the term, showing limits, and describing the property. The remaining sections set out the promise to pay, the insured's duties, and the losses not covered.

Question 31General Insurance Concepts

The primary effect of a deductible in a property policy is to:

  1. Eliminate the need for a coinsurance clause
  2. Transfer the deductible amount to the insurer as premium
  3. Increase the policy limit by the deductible amount
  4. Make the insured absorb a stated amount of each loss Correct answer.

Explanation

A deductible requires the insured to bear a fixed initial portion of each loss, which eliminates small claims and reduces premium. It does not change the policy limit or replace other policy features.

Question 32General Insurance Concepts

Actual cash value is most commonly calculated as:

  1. Market value plus salvage
  2. Replacement cost plus depreciation
  3. Original purchase price without adjustment
  4. Replacement cost minus depreciation Correct answer.

Explanation

Actual cash value reflects the property's value at the time of loss, typically replacement cost less depreciation. This keeps recovery consistent with the indemnity principle.

Question 33General Insurance Concepts

An insurer's ability to predict losses more accurately as it insures a larger number of similar risks is explained by the:

  1. Rule of contra proferentem
  2. Law of large numbers Correct answer.
  3. Principle of indemnity
  4. Doctrine of proximate cause

Explanation

The law of large numbers holds that as the number of similar exposure units increases, actual results tend to approach expected results. This allows insurers to set rates with greater confidence.

Question 34General Insurance Concepts

After paying a covered auto claim, an insurer discovers the loss was caused by a negligent third party. The insurer's right to recover from that party is called:

  1. Subrogation Correct answer.
  2. Salvage
  3. Arbitration
  4. Contribution

Explanation

Subrogation allows the insurer that paid a claim to step into the insured's shoes and pursue the responsible third party. It prevents the insured from recovering twice and places the cost on the party at fault.

Question 35General Insurance Concepts

A building is insured for $300,000 under a policy with an 80% coinsurance clause. At the time of loss, the building's replacement cost is $500,000. A covered $100,000 loss occurs. Ignoring any deductible, how much will the insurer pay?

  1. $75,000 Correct answer.
  2. $60,000
  3. $100,000
  4. $80,000

Explanation

The required limit is 80% of $500,000, or $400,000. The insured carried $300,000, so the payment is ($300,000 / $400,000) × $100,000 = $75,000.

Question 36General Insurance Concepts

A producer issues a binder to a client while the application is being underwritten. A binder is:

  1. A promise to refund premium if the risk is declined
  2. Temporary evidence of coverage until the policy is issued Correct answer.
  3. A certificate that transfers policy rights to a lender
  4. A permanent endorsement attached to the policy

Explanation

A binder provides temporary proof that coverage is in force while the application is underwritten, ending when the policy is issued or the binder expires. It is subject to the terms of the eventual policy.

Question 37General Insurance Concepts

A third party reasonably believes an agent has authority because the insurer furnished the agent with company rate books and application forms. This is:

  1. Fiduciary authority
  2. Implied authority
  3. Apparent authority Correct answer.
  4. Express authority

Explanation

Apparent authority arises when the insurer's conduct leads a third party to reasonably believe the agent is authorized. The insurer may be bound by acts that fall within that reasonable belief.

Question 38General Insurance Concepts

An insurer's adjuster tells an insured in writing that a late proof of loss will be accepted, and the insurer later tries to deny the claim for lateness. The insurer is most likely barred by:

  1. Coinsurance
  2. Subrogation
  3. Reformation
  4. Waiver and estoppel Correct answer.

Explanation

Waiver is the voluntary giving up of a known right, and estoppel prevents the insurer from later enforcing that right to the insured's detriment. The written acceptance of the late proof supports both doctrines.

Question 39General Insurance Concepts

In an insurance application, a statement made by the applicant that is believed to be true to the best of the applicant's knowledge is a:

  1. Condition
  2. Binder
  3. Representation Correct answer.
  4. Warranty

Explanation

A representation is a statement believed true to the best of the applicant's knowledge and need only be substantially true. A warranty, by contrast, is a promise that must be literally true.

Question 40General Insurance Concepts

An applicant deliberately fails to disclose a known prior fire at the property being insured. This is:

  1. A waiver
  2. A warranty
  3. A representation
  4. Concealment Correct answer.

Explanation

Concealment is the intentional failure to disclose a material fact that the insurer needs to evaluate the risk. It can allow the insurer to rescind the policy or deny the claim.

Question 41General Insurance Concepts

An insurance contract is aleatory because:

  1. The amounts exchanged depend on an uncertain event Correct answer.
  2. Only the insurer makes legally enforceable promises
  3. The parties exchange equal values at the time of contracting
  4. The insured must accept the policy as written

Explanation

In an aleatory contract, the dollar amounts exchanged by the parties are unequal and depend on whether an uncertain loss occurs. A small premium may result in a large payment, or in no payment at all.

Question 42General Insurance Concepts

A windstorm blows down a power line, starting a fire that destroys a home. If the policy covers windstorm but excludes fire, coverage most likely depends on:

  1. The coinsurance clause
  2. The salvage value of the remains
  3. The doctrine of proximate cause Correct answer.
  4. The doctrine of adhesion

Explanation

Proximate cause asks which event set in motion an unbroken chain of events leading to the loss. If windstorm is the efficient cause, the loss may be covered even though fire contributed.

Question 43General Insurance Concepts

A policy that covers risks of direct physical loss to the described property unless the loss is specifically excluded is written on a(n):

  1. Reporting form basis
  2. Named peril basis
  3. Open peril (special) basis Correct answer.
  4. Valued basis

Explanation

Open peril, also called special form, covers all risks of direct physical loss except those excluded. Named peril policies cover only the perils listed.

Question 44General Insurance Concepts

A written document attached to an existing policy to modify its terms is a(n):

  1. Binder
  2. Certificate of insurance
  3. Endorsement Correct answer.
  4. Declarations page

Explanation

An endorsement amends the policy by adding, deleting, or changing coverage and becomes part of the contract. It prevails over conflicting original policy language.

Question 45General Insurance Concepts

Adverse selection occurs when:

  1. A producer chooses the most competitive insurer for a client
  2. An insured selects the policy with the broadest coverage
  3. An insurer selects only the best risks in a class
  4. High-risk applicants are more likely to buy coverage Correct answer.

Explanation

Adverse selection is the tendency of applicants with above-average loss potential to seek insurance more often than better risks. Underwriting and rating aim to control it so premiums remain adequate.

Question 46General Insurance Concepts

An insured has two property policies covering the same building on the same basis: Policy A has a $200,000 limit and Policy B has a $300,000 limit. A covered $100,000 loss occurs, and both policies contain pro rata contribution clauses. How much does Policy A pay?

  1. $50,000
  2. $100,000
  3. $40,000 Correct answer.
  4. $60,000

Explanation

Pro rata contribution allocates the loss by each policy's share of the total insurance. Policy A's share is $200,000 / $500,000, or 40%, so it pays $40,000.

Question 47General Insurance Concepts

Which statement about a liability insurer's duty to defend is correct?

  1. The insurer must defend only suits that are clearly meritorious
  2. The duty to defend is owed to the claimant rather than the insured
  3. The duty to defend is broader than the duty to indemnify Correct answer.
  4. The duty to defend begins only after a judgment is entered

Explanation

The duty to defend is broader than the duty to indemnify because the insurer must defend covered allegations even if the suit is groundless or ultimately unsuccessful. The duty to indemnify arises only when the insured is legally obligated for a covered loss.

Question 48General Insurance Concepts

An applicant for property insurance makes a material false statement about prior losses that would have changed the premium. Which is correct?

  1. The insurer must pay the claim because the policy was issued
  2. The insurer may rescind the policy even if the error was unintentional Correct answer.
  3. The insurer may only raise the premium after a loss
  4. The insurer must prove intent to defraud before acting

Explanation

A material misrepresentation in the application allows the insurer to rescind the policy, and in most states intent to deceive is not required for that remedy. The test is whether the truth would have influenced the insurer's decision to issue coverage or set the rate.

Question 49General Insurance Concepts

A policy requires the insured to submit a sworn proof of loss within 60 days of the insurer's request. The insured fails to do so without a reasonable excuse. The most likely result is:

  1. The insurer may deny the claim for failure to meet a condition Correct answer.
  2. The insurer must still pay because proof of loss is a courtesy
  3. The claim is automatically paid at the policy limit
  4. The insured may substitute a verbal statement at any time

Explanation

Proof of loss is a policy condition, and compliance is generally required before the insurer must pay. An unjustified failure can allow the insurer to deny the claim, although prejudice to the insurer and local law may affect the outcome.

Question 50General Insurance Concepts

An insured whose building is severely damaged tells the insurer to take the property and pay the full limit. Under the standard abandonment provision:

  1. The insurer must accept the property if the loss exceeds the limit
  2. The insured may not abandon property without the insurer's consent Correct answer.
  3. Abandonment automatically transfers the deductible to the insurer
  4. The insurer may accept the property and reduce the payment

Explanation

The abandonment condition prevents the insured from shifting ownership of damaged property to the insurer without the insurer's agreement. The insurer pays the covered loss and normally takes salvage only after payment.