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AllBar 2024COMMERCIAL AND TAXATION LAWSIII. INSURANCE LAW (P.D. No. 612, as amended by R.A. No. 10607)F. Warranties (Sections 67-76)

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Question

III. INSURANCE LAW (P.D. No. 612, as amended by R.A. No. 10607) - F. Warranties (Sections 67-76)

Mr. Santos, a policyholder, recently purchased a comprehensive car insurance policy from ABC Insurance Company. The policy includes various warranties specified in the contract. Unfortunately, Mr. Santos got into an accident where his car was severely damaged. He filed a claim with ABC Insurance Company, but they denied his claim on the grounds that he breached certain warranties stated in the policy.

In light of the given scenario, discuss the following:

  1. Explain what warranties are in the context of insurance contracts and how they differ from representations.
  2. Identify and discuss the different types of warranties recognized under Philippine insurance law.
  3. Evaluate whether ABC Insurance Company has legal grounds to deny Mr. Santos' claim based on the breach of warranties.
  4. State any possible remedies available to Mr. Santos if he believes that the denial of his claim is unjust.

Answer

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