Philippine Bar review · Question

Practice question: Double Insurance and Overinsurance

Multiple Choice Medium

Practice question

The owner insures goods for its ownership interest. A carrier separately insures its potential liability for the same goods. The interests are genuinely distinct. Under Malayan, does the common property and risk alone establish double insurance?
  1. Yes, every common object proves the whole test.
  2. Yes, separate insured interests are irrelevant.
  3. Yes, liability insurance is identical to ownership interest.
  4. Yes, every insurer is automatically a co-insurer.
  5. No; the distinct insured persons and interests defeat the required identity.

Legal references

  • Insurance Code as amended by RA10607, Sections26–48 and95–100: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
  • Malayan Insurance v. Philippines First Insurance, GR184300, July11 2012, main decision: https://lawphil.net/judjuris/juri2012/jul2012/gr_184300_2012.html

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