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Digested by: Gestopa, Gevina V. Subject: Insurance Law Title: Insular Life Ass. Co. vs. Pineda Topic: Representation Facts: The insured, a fisherman, in his application answered no to question of whether he drank beer or other intoxicants, whether he ever suffered from any ailment of the lungs and whether he had ever spat blood. Subsequently, the insured signed a statement that he did drink beer, but very seldom, that he had a chronic cough for many years and that he had experienced a few sputums, slightly bloody. Ruling: The policy is valid. We do not consider the allegedly conflicting statements as misrepresentations of material facts. That the insured drank beer but very seldom is almost similar to not at all. We are not aware of the non-insurability of a person affected with a chronic cough. With respect to the few sputums slightly bloody, we consider the statement as not inconsistent with not having spat blood, since traces of blood in insureds sputum could be due to some temporary and unimportant ailments as a bloody tooth, a sore throat or a bad cold.