Philippine Bar review · Question

Practice question: Warranties

Multiple Choice Medium

Practice question

A future warranty requires an act at a later date. Before that performance date, the insured loss happens. The insurer relies solely on the fact that the later act was not performed. What does Section 73 provide?
  1. Every future duty is retroactively due
  2. The insured always commits fraud
  3. The policy automatically never existed
  4. The insurer may ignore the timing rule
  5. The omission in this stated situation does not avoid the policy

Legal references

  • Insurance Code as amended by RA 10607, Section 73: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

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