Philippine Bar review · Question

Practice question: Warranties

Multiple Choice Hard

Practice question

A warranty is stipulated broken without fraud at inception in Policy A, while Policy B has a later nonfraudulent breach. An analyst says Section 76 treats both as identical inception failures. Which is best?
  1. All breaches are automatically backdated
  2. The statute separately identifies nonattachment at inception and exoneration from later breach time
  3. The policy numbers decide liability
  4. Neither timing can ever be proved
  5. Only a broker may choose the distinction

Legal references

  • Insurance Code as amended by RA 10607: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html; Sections 73-74,76.

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