Practice question
A fire policy requires preliminary proof of a covered loss. The insured promptly submits the best evidence available, with one easily correctable omission. The insurer identifies no such omission without unnecessary delay, then later relies solely on it to deny the claim. Which statutory analysis is best?
- Preliminary proof always requires a completed court record.
- Every omission is permanently incurable.
- Sections 91–92 require examining the available-evidence standard and waiver of the remediable defect; the late objection cannot simply ignore those rules.
- Waiver automatically establishes losses unrelated to the policy.
- The insured must create evidence that never existed.
Legal references
- Insurance Code, as amended by RA 10607, sections 85–94, https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
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