Practice question
A person states a birth year in an insurance application that does not correspond with the actual birth year. The insurer argues that any affirmative incorrect assertion is necessarily concealment, so the special rule dispensing with proof of intent automatically controls. What distinction does Alvarez draw?
- A mismatching affirmative age assertion is a false representation, and Section45 analysis includes the fraudulent-intent requirement
- Every false assertion is exclusively silence under Section26
- The two statutory categories are interchangeable for every purpose
- Section44 declares all inaccurate ages true
- The insurer can avoid the proof requirement by choosing a label
Legal references
- Insurance Code as amended RA10607: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html Sections26–27 and44–45.
- Insular Life Assurance v. Heirs of Alvarez, GR207526 and210156, October3 2018, Leonen MAIN decision: https://lawphil.net/judjuris/juri2018/oct2018/gr_207526_2018.html PartI.C.
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