Practice question
In Alvarez, the insurer relied heavily on a health statement containing a wrong birth year. Explain why the Court did not treat that error alone as clear and convincing proof of a design to defraud. Who bears the burden, and does the decision mean deliberate age fraud can never support rescission?
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 PartsI.C–I.D.
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