Philippine Bar review · Question

Practice question: Double Insurance and Overinsurance

Multiple Choice Hard

Practice question

Under two ordinary unvalued non-life policies, the same insured interest is overinsured. The full insurable value is P 1 million and the insured has already received P 700,000 under one policy. Assume a total covered loss and no distinct interest. Can the insured disregard that receipt and obtain another P 1 million on the same interest?
  1. No; the prior receipt must be taken into account against the full insurable value under Section 96.
  2. Yes, each insurer creates a separate actual loss.
  3. Yes, all policies permit unlimited enrichment.
  4. Yes, contribution rules authorize the insured to keep any excess.
  5. Yes, only the first insurer bears the duty to disclose payment.

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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