Practice question
Under the Alvarez MAIN decision, what burden applies when an insurer seeks rescission for fraudulent false representation under Section45?
- The insurer must establish fraudulent intent by clear and convincing evidence
- Fraud is conclusively presumed from any typographical error
- The insured must disprove fraud beyond reasonable doubt
- A bare accusation always proves the defense
- No evidence is needed if a birth year is disputed
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.A andI.C–I.D.
Answer this question in flashcards to review your response and continue practicing.