Practice question
A policyholder seeks an agreed modification of an existing property policy. The proposed modification is induced by a materially false affirmative representation. Discuss Section47 and the Alvarez proof requirement. Assume no established defense other than the assertion that the original policy was already issued. Do not assume the falsity itself proves fraud or decides the effect on every original policy term.
Legal references
- Insurance Code as amended RA10607: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html Sections44–48.
- 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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