Philippine Bar review · Question

Practice question: Warranties

Multiple Choice Hard

Practice question

The parties establish a material warranty breach by the insurer. It argues Section 74 confers rescission only on insurers and never an injured insured. Which is correct?
  1. The section expressly gives the other party the right upon a material violation by either party
  2. Only insurers are legal contracting parties
  3. An insured can never invoke any policy provision
  4. The word either means insurer alone
  5. Only the regulator may ever know of a breach

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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