Practice question
An insured expressly warrants a specified storage condition. He later knowingly and fraudulently withholds information that proves that warranty false. The insurer has not waived disclosure and exercises the statutory remedy before any action on the contract; no incontestability issue applies. Which provision specifically addresses that omission?
- Section29 permits rescission for the intentional and fraudulent omission tending to prove the warranty false
- Section35 makes all objective facts exempt as judgments
- Section30(e) exempts it merely because the fact concerns the warranty falsity
- Section33 makes every failure to volunteer a waiver by the insurer
- Section29 requires proof that a court first convicted the insured
Legal references
- Insurance Code as amended RA10607: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html Sections29,30,33,35 and48.
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