Philippine Bar review · Question

Practice question: Rescission of Insurance Contracts

Multiple Choice Hard

Practice question

A party communicates facts distinctly implying another material fact. The insurer neglects inquiry into that implied matter despite the specified circumstances establishing Section 33 waiver. No false answer or other concealment is involved. The insurer says only a separately signed waiver can ever matter. Which is correct?
  1. Only one printed waiver form is legally possible
  2. Neglect of inquiry never has statutory significance
  3. Section 33 expressly recognizes waiver through the specified neglect of inquiry as well as by terms.
  4. A material fact automatically overrides every waiver
  5. The policyholder’s handwriting alone decides

Legal references

  • Insurance Code, as amended by RA 10607, Sections 26-48 and 97-100: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

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