1. Mr. X is experiencing frequent urination and other
symptoms of enlarged prostate. He knows the symptoms because his father died of prostate cancer. Afraid that he might have cancer, he immediately insured his life and make his wife as beneficiary. After a year, he died of prostate cancer. The insurer denied the claim of the wife due to misrepresentation. Is the insurer correct?
2. Mr. X was hospitalized when he was young due to a bike
accident. When he took a health insurance policy, he did not divulge that fact. The insurer sought to rescind the policy due to misrepresentation. Is the insurer correct?
3. Mr. X was diagnosed of cancer. However, he failed to
indicate it in the application form when he took a life insurance policy. According to him, it is unintentional. Can the insurer rescind the contract? Read: THELMA VDA. DE CANILANG, petitioner, G.R. No. 92492 June 17, 1993 4. Mr. X took a life insurance policy. In the application form, he did not state that his grandfather died of cancer because during that time, he does not know. Can the insurer rescind the contract?
5. In the insurance policy, it was indicated that Mr. X, the
insured, declared that none of his ascendants and descendants suffered from cancer. In the application form he did not state that his grandfather actually died of cancer because he has no way of ascertaining the fact. Could the insurer rescind the contract? Misrepresentation 1. Mr. X falsely told the insurer that he has not been hospitalized and he would not work in a hazardous condition. Is there misrepresentation? 2. When asked if he has been any taken medication, he answered, he did not. However, it was discovered that he was actually taking paracetamol when he signed the policy. Is there misrepresentation?
3. In taking a fire insurance policy, Mr. X told the insurer that
his house is being used as a stockroom. Mr. X promised orally that in 30 days he will used as a residence. After 30 days, Mr. X did not fulfil his promise, instead he set it on fire, and burned down the house. The insurer sought to invalidate the policy for misrepresentation. Is he correct?
4. Mr. X made representation that he is using the house
sought to be insured as his residence but actually is being used as a warehouse. Because of this representation, the insurer was induced to insure the house of Mr. X. Thirty days later, when they were about to sign the policy, Mr. X transferred to the warehouse and use it as a residence. When the house was gutted by fire, the insurer discovered that it was being used as warehouse. Could the insurer invalidate the policy?
5. Mr. X sought to take a health insurance policy. When asked
by the insurer if he is taking any maintenance medicine for hypertension, he answered, “No”, although a doctor had prescribed him one. He answered No because he is not taking it. When Mr. X was claiming from the insurer, the latter demanded for the recession of the insurance considering that they learned of the misrepresentation of Mr. X. Mr. X claimed that he has no intent to defraud. Is a defense of good faith tenable? Read: Manulife - G.R. No. 204736 Read: Manila Bankers G.R. No. 175666 July 29, 2013
READ: G.R. No. 125678 PHILAMCARE
6. Mr. X insured the life of his wife making him as the beneficiary. When asked whether his wife is suffering from an illness, he answered “no”. After two years, his wife died. The insurer denied his claim on the ground of misrerpesenation. Is the insurer correct?