Quiz 10 Questions Flashcards
Discussion:
G.R. No. 204736
1) Why did Manulife fail to prove concealment?
Manulife failed to prove concealment due to two (2) reasons:
(1) The RTC correctly held that the CDH’s medical
records that might have established the insured’s purported misrepresentation/s or concealment/s was inadmissible for being hearsay,
given the fact that Manulife failed to present the physician or any responsible official of the CDH who could confirm or attest to the due
execution and authenticity of the alleged medical records.
(2) Manulife had utterly failed to prove by convincing evidence that it had been beguiled,
inveigled, or cajoled into selling the insurance to the insured who purportedly with malice and deceit passed himself off as thoroughly sound and healthy, and thus a fit and proper applicant for life insurance. Manulife’s sole witness
gave no evidence at all relative to the particulars of the purported concealment or misrepresentation allegedly perpetrated by the insured. In fact, Victoriano merely perfunctorily identified the documentary exhibits
adduced by Manulife; she never testified in regard to the circumstances attending the execution of these documentary exhibits much less in regard to its contents. Of course, the mere mechanical act of identifying these documentary exhibits, without the testimonies of the actual participating parties thereto, adds up to nothing. These documentary exhibits did not
automatically validate or explain themselves. “The fraudulent intent on the part of the insured must be established to entitle the insurer to rescind the contract. Misrepresentation as a defense of the insurer to avoid liability is an
affirmative defense and the duty to establish such defense by satisfactory and convincing evidence rests upon the insurer.” For failure of Manulife to prove intent to defraud on the part of the insured, it cannot validly sue for rescission of insurance contracts.
G.R. No. 204736
2) In your opinion, if Manulife as able to prove the due execution of the medical records of the insured, would the insurance be rescinded due to concealment?
My answer:
Yes. The facts in the case prove that his condition was already worse enough to warrant surgery. And the condition did not happen over night. It took time to develop.
Attorney’s answer:
No. There were many chances or opportunities for Manulife to correct the entries, as the doctor declared that the insured is already below average in terms of health.
Also, it was the agent who filled up the form.
G.R. No. 224863
3) If a life insurance is taken by a debtor on his own life and assigned it to his creditor, will the creditor be able to collect the proceeds upon the death of the debtor?
It depends upon the condition.
Although the proceeds will directly go to the estate, those who have claims, especially the other creditors, will also have to go after the estate.
So, what will be left to the creditor will be based on what is remaining after addressing the other creditors.
In general, where a debtor in good faith insures his life for the benefit of his creditor, full payment of the debt does not invalidate the policy; in such case, the proceeds should go to the estate of the debtor.
G.R. No. 224863
4) If a life insurance is taken by a creditor over the life of his own debtor, will the creditor be able to collect the proceeds upon the death of the debtor?
It depends upon the condition.
[T]he insuring creditor could only recover such
amount as remains unpaid at the time of the death of the debtor, — such that, if the whole debt has already been paid, then recovery on the policy is no longer permissible.
G.R. No. 224863
5) Why is there a need for an insurable interest to be present in order to obtain an insurance?
My answer: One cannot haphazardly insure someone against risks in which s/he will not be at an economic disadvantage for her/his death or injury. Economic benefit is the main purpose of insurance.
Correct answer: This is meant to eliminate fraud and the temptation of taking out a policy for speculative or evil
purposes. Insurance policies should be obtained in good faith, and not for the purpose of speculating upon the hazard of a life in which one has no interest in.
Notes:
