Philippine Bar review · Question

Practice question: Concealment

Multiple Choice Hard

Practice question

An insurer proves the general concealment elements but waits until after the insured commences an action on the contract to exercise its chapter-based rescission right. Which timing issue arises under section 48?
  1. No timing restriction exists
  2. The statute requires exercise before commencement of an action on the contract
  3. Rescission may first be exercised only after final judgment
  4. Only the premium due date matters
  5. The insurer may ignore all procedural limits

Legal references

  • https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html — Insurance Code as amended by RA 10607, sections 26–35 and 48

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