Philippine Bar review · Question

Practice question: Warranties

Multiple Choice Hard

Practice question

A policy contains an immaterial administrative provision. It does not declare that violation of that provision avoids coverage. After a loss, the insurer proves a minor breach and argues that every immaterial breach automatically voids every policy. No other ground is asserted. Which is best?
  1. Section 75 does not avoid the policy for an immaterial breach absent the specified avoidance stipulation
  2. Every policy provision has identical automatic effect
  3. Immateriality is never relevant under the Code
  4. The insurer may invent an avoidance clause after loss
  5. All premiums become damages automatically

Legal references

  • Insurance Code as amended by RA 10607, Section 75: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

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