Practice question
An insured relies on a representation to contradict an express policy provision. What distinction does section 40 state?
- A representation always overrides every express provision.
- Only oral representations override express terms.
- A representation cannot qualify an express insurance-contract provision, but may qualify an implied warranty.
- Representations and warranties are always identical.
- No representation can ever affect an implied warranty.
Legal references
- Insurance Code, as amended by RA 10607, sections 31 and 36–48, https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
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