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Legal action has been started against Maple Leaf Insurance by one of their clients, Smiths Enterprise, for denying a claim. Smiths enterprise believes that the
Legal action has been started against Maple Leaf Insurance by one of their clients, Smiths Enterprise, for denying a claim. Smiths enterprise believes that the policy covers the loss in the policy wordings. The matter will be heard by a judge in the court system. A. As the adjuster explain, techniques if any would you use to deliver the bad news of the claim not being covered to Smith Enterprise. Explain. (4 marks) B. Identify the common law principles if any would you use to interpret this insurance contract? Explain. (8 marks) C. As the adjuster of the claim, identify the standard of conduct owed to the Maple Leaf Insurance? (4 marks) D. Explain the role, the broker must play in this claims process? Explain. (4 marks) Question 12 20 Points Vanessa receives an insurance application from a retail store located in a subdivision. The business is owned by a limited company, ABC Manitoba Inc. The risk is part of a small strip mall that houses a dentist's office, an insurance claims office, and a pet store. The parking lot holds 20 vehicles. The subdivision includes homes of slightly above-average value. What questions should Vanessa ask to analyze the premises liability exposure for the applicant? A trespasser is seen leaving the premises. Although the trespasser is there illegally, what does the applicant, as occupier, owe the trespasser? What factors has the Supreme Court of Canada established to help determine whether an occupier's duty of care to trespassers has been breached? The applicant employs two people to work at the store. They are constantly moving displays and building new displays. Sometimes renovations happen while the business is operating. Why should the applicant have employer's liability insurance? Explain (20 points)
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