Philippine Bar review · Question

Practice question: Representation

Multiple Choice Hard

Practice question

For an insurance application, an insured lacks personal knowledge of a fact and in good faith repeats information believed true, expressly explaining that it came from an independent third person. It did not come from the insured's agent under a duty to supply it. The insurer says section 43 always makes the insured personally responsible for its truth despite those facts. Which answer best applies that section?
  1. The insured is always a guarantor of all third-party information.
  2. Disclosure that the information is secondhand is legally irrelevant.
  3. Only information from a duty-bound insured's agent receives the exception.
  4. No statement may ever be repeated on another's information.
  5. The section recognizes the stated good-faith, disclosed-information situation and does not impose responsibility for truth in the same way; the duty-bound-agent qualification must be distinguished.

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.