Practice question
An applicant knows a material fact the law requires disclosure of and fails to communicate it. The insurer has not waived it, and no timing or incontestability bar applies. The applicant argues that honest forgetfulness alone always defeats rescission. Which rule applies?
- Section 27 includes unintentional concealment, so that defense alone is insufficient.
- Every forgetful omission is automatically immaterial.
- Only a criminal fraud conviction can support rescission.
- The insurer must ignore all material facts.
- Every omission automatically voids all contracts regardless of duty.
Legal references
- Insurance Code as amended by RA10607, Sections26–48 and95–100: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
- Heirs of Monera v. Manila Bankers Life, GR246446, January28 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70461
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