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?
- The isolated error does not by itself establish fraudulent intent by clear and convincing evidence
- Any wrong year conclusively proves fraud
- The absence of further proof shifts the insurer’s burden to the heirs
- An erroneous entry automatically becomes a criminal conviction
- 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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