Philippine Bar review · Question

Practice question: Warranties

Multiple Choice Hard

Practice question

An express warranty made when the policy is executed appears only in an unsigned external checklist. The policy neither contains the warranty nor refers to the checklist as part of it. The insurer invokes Section 70 alone to bind the insured to that express warranty. Which is correct?
  1. Every external checklist is automatically incorporated
  2. The stipulated facts fail Section 70's policy-or-signed-referred-instrument requirement
  3. No express warranty can ever be effective
  4. The insurer may sign for the insured without authority
  5. The checklist becomes a statute

Legal references

  • Insurance Code as amended by RA 10607, Section 70: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html

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