Practice question
An insurer agreed to premium installments, accepted payments and bore the insured risk. It later seeks to treat its own accepted installment arrangement as necessarily invalid and refund premiums merely to escape the bargain. Explain the significance of Makati Tuscany without extending it to every unilateral partial payment.
Legal references
- Makati Tuscany v Court of Appeals, GR 95546, November 6, 1992, main opinion: https://www.lawphil.net/judjuris/juri1992/nov1992/gr_95546_1992.html
- Insurance Code Section 77 as amended: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
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