Practice question
A death-payable life policy has remained in force during the insured’s lifetime for more than two years from issue, with no reinstatement. The insurer invokes the insured’s fraudulent concealment to prove the policy void from inception or rescindable. Which is correct under section 48?
- Fraud always defeats the two-year provision
- The clause applies only to property policies
- The insurer’s stated theory is barred by the statutory incontestability provision on these facts
- The period begins only after death
- The clause eliminates every possible policy defense
Legal references
- https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html — Insurance Code as amended by RA 10607, sections 26–35 and 48
Answer this question in flashcards to review your response and continue practicing.