Practice question
The terms of insurance expressly waive communication of a specified fact. No separate inquiry overrides the stipulated facts and no other misrepresentation or ground exists. The insurer seeks rescission solely because that fact was not volunteered. Which is correct?
- Every waived fact remains subject to an absolute disclosure duty
- The express waiver must be considered under Sections 30(c) and 33; nondisclosure of that fact alone does not establish the asserted duty.
- Waiver can never affect disclosure
- Only the original insured may ever invoke the Code
- A policy term cannot be read
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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