Philippine Bar review · Question

Practice question: Representation

Multiple Choice Hard

Practice question

Before property insurance is effected, an applicant tells the insurer that the building is owner-occupied. She discovers the error and expressly corrects the statement before the contract goes into effect. The insurer argues that section 41 forbids any pre-effect correction merely because the original answer was already given. Which answer is best?
  1. Every original answer becomes immutable when spoken.
  2. Correction is allowed only after a lawsuit starts.
  3. The correction automatically guarantees every future claim.
  4. Section 41 permits alteration or withdrawal before insurance is effected; the insurer's stated timing objection is incorrect.
  5. A correction automatically makes the insurance unlawful.

Legal references

  • Insurance Code, as amended by RA 10607, sections 31 and 36–48, https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

Answer this question in flashcards to review your response and continue practicing.