Life License Qualification Program LLQP IFSE Institute Study Notes

Comprehensive and Detailed In-Depth Explanation: An insurance contract under Quebec’s Civil Code (Articles 2389–2414) has distinct characteristics. It is a “contract of the utmost good faith”(uberrimae fidei), requiring full disclosure from both parties, especially the insured, about material facts (Article 2408). It is typically a “contract of adhesion,” as insurers offer standard terms with little negotiation (Article 1379), unlike mutual agreement contracts. It is “synallagmatic,” imposing reciprocal obligations—premium payment by the policyholder and coverage by the insurer (Article 1381). It is also “aleatory,” as the outcome depends on an uncertain event, like death or loss (Article 2390). Option C accurately reflects these traits. Option A’s “mutual agreement” suggests negotiation, which is rare in insurance. Option B and D incorrectly state that inaccurate statements are inconsequential—misrepresentations can void a policy (Article 2410)—and B’s “consensual” and D’s “gratuitous” misalign with insurance’s onerous nature (payment for coverage). The Ethics and Professional Practice manual emphasizes advisors’ duty to explain these legal characteristics clearly.

In the case of life insurance where a subrogated policyholder is designated, that individual (in this case, Natalya) would assume ownership rights of the policy upon the original policyholder’s death. Since Kirill named Natalya as the subrogated policyholder, she would become the new policyholder upon his death, regardless of the fact that Kirill did not have a will. This designation bypasses the estate, meaning the executor or other family members (like Katya) do not assume ownership. This outcome aligns with LLQP guidelines on succession planning and the assignment of life insurance ownership​​.

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The Act that governs the definition and role of insurance of persons representatives in Quebec is theDistribution Act. This legislation outlines the roles, qualifications, and responsibilities of professionals licensed to offer life and health insurance products. It is crucial for anyone aspiring to become an insurance representative in Quebec to familiarize themselves with this Act, as it sets out the requirements and framework for licensure, conduct, and the scope of practice in this field​​.

Comprehensive and Detailed In-Depth Explanation: Monique seeks non-legal recourse after her disability claim denial. The OmbudService for Life & Health Insurance (OLHI) is a free, independent service resolving disputes between policyholders and insurers across Canada, including Quebec. The Autorité des marchés financiers (AMF) oversees Quebec’s insurance industry and handles consumer complaints (Distribution Act, Section 103). Option C combines these accessible options, ideal before legal action. Option A (Chambre de la sécurité financière and syndic) targets advisor misconduct, not insurer decisions. Option B (OSFI) regulates insurer solvency federally, not individual claims. Option D (CLHIA) is an industry association without complaint authority. The Ethics manual encourages advisors to inform clients of dispute resolution options like OLHI and AMF.