Philippine Bar review · Question

Practice question: Reinsurance

Multiple Choice Hard

Practice question

A reinsurance agreement is silent on whether it indemnifies liability or only prior actual payment. The reinsurer asserts a universal presumption that nothing can be due until the original insurer first pays cash to its policyholder. Which Section 99 point is relevant?
  1. The statute presumes only actual damage in every case.
  2. The original insured must first become a reinsurer.
  3. The statutory presumption is indemnity against liability, not merely damage; a categorical contrary presumption is incorrect.
  4. Every claim is automatically payable regardless of contract and proof.
  5. Reinsurance terms can never be examined.

Legal references

  • Insurance Code as amended by RA10607, Sections26–48 and95–100: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

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