Philippine Bar review · Question

Practice question: Representation

Multiple Choice Medium

Practice question

An insurer produces one health statement bearing a wrong birth year, while many other application documents could have been examined. It shows no additional indication of a deliberate scheme. Under the evidentiary reasoning of Alvarez, what is the best conclusion?
  1. The isolated error does not by itself establish fraudulent intent by clear and convincing evidence
  2. Any wrong year conclusively proves fraud
  3. The absence of further proof shifts the insurer’s burden to the heirs
  4. An erroneous entry automatically becomes a criminal conviction
  5. The insurer may disregard the required standard because other documents existed

Legal references

  • 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.D: single health statement and available supporting documents.

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