Practice question
An insurer already knows the specified fact before effecting the policy. No inquiry, false representation or other nondisclosure issue is involved. It later claims concealment solely because the applicant did not volunteer that already-known fact. Which qualification applies?
- Known facts must always be disclosed repeatedly without exception
- Knowledge can never matter
- Every known fact automatically voids the policy
- Section 30(a) excepts matters the other party knows from the duty to communicate, subject to its inquiry qualification.
- Only the eventual loss cause determines this duty
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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