Insurance Law Questions - Atty. Sta. Barbara 8. Who are the parties - insurance contract?

(2017-2018) 9. Insurable Interest?

10. If you steal something do you have insurable

1. First day recit - ObliCon interest over the thing you stole?

* Random ObliCon Codal Provisions 11. Can you insure the life of a baby inside the

* ObliCon in relation to Insurance mother’s womb?

* Pre req daw kasi ng Insurance ang ObliCon 12. Verbatim Codal Provs under Insurable Interest

so dapat master niyo na ObliCon since * Codal provision then hypo reg the provision

pumasa na kayo. 13. Sec. 77 verbatim

14. Premium vs. Assessment

2. Sec. 2 Insurance Code (verbatim) 15. Contract of Insurance a unilateral contract?

3. Is Insurance a form of donation? 16. What is the cash and carry rule?

* what is a donation 17. Sec. 79 Verbatim

* everything related to donation 18. What is cash surrender value?

* Civil Code Provision in re to donation 19. A obtained an life insurance for himself and B

* If you obtained a fire insurance for your house, is his beneficiary, does B need to have insurable

can you ask the insurer to just rebuild your house? interest over A’s life?

Not pay money? 20. Insurance Policy vs Insurance Contract

4. Civil Code Provs in re Insurance 21. Sec 51 verbatim

* 2011 22. What is contra preferentem?

* 2012 23. Why is a contract of adhesion liberally

* 2207 construed in favor of the insured?

5. What may be insured (Sec 3)? 24. Art 1332 Civil Code

6. Philhealth Care Providers v CIR (Detailed) 25. Sec. 60-62 verbatim

7. Sec 193 Insurance Code (Verbatim) 26. Sec. 53-56 verbatim

27. What are the rules on cover notes? 45. What are the Four Primary Concerns? (Nasa

28. All risk policy vs specific policy? book to ni Aquino parang history thingy-intro sa

29. Essence of statute of frauds? Relate to topics reg concealment representation etc, di ko to

insurance contract nasagot sa recit kasi diba De Leon yung Book ko

30. What is a blanket policy? pak)

31. What is a running policy? 46. How did the Insurance Code implement the

32. Difference between blanket policy and first concern? Second, third, fourth

running policy? *correlate the concerns with the Devices;

33. Advantages of a blanket policy? representation, concealment etc

34. What is a rider? 47. Requisites of Concealment

35. Indorsement vs Warranty? 48. Requisites of Concealment as a ground to

36. Which will prevail? Written or printed? rescind?

37. Sec 64-65 verbatim 49. Sec 30 32 33 34 35

38. Rider vs Original Policy 50. What is the Test of Materiality from the

39. Madami siyang tinanong na latin terms, di ko standpoint of the Insurer?

maintindihan so di ko nasulat, at least may 51. Ng Gan Zee Case (Detailed)

mystery diba? 52. Sec 33

40. Recite provs reg Concealment 53. Insurer issued a policy despite the fact that the

(actually halos lahat naman ng codal provisons application was not complete. Can Insurer avoid

pinaparecit imemorize mo na kaya buong code? the policy?

charot) 54. Florendo vs Philam Plans

41. Philamcare vs CA (Concealment) (Detailed) 55. What is Representation?

42. Sec 26 56. Kinds of Representation

43. Sec 38 57. Insured misstated his age in the app form, can

44. Sec 31 insurer avoid the policy? (In re Eddilion case)

58. Personal Knowledge of Age 72. Proof of Loss?

* is it a fact or opinion? 73. What is prescriptive period by default?

* if it is an opinion, can it be classified as 74. Can parties shorten the prescriptive period?

misrepresentation? 75. When does cause of action accrue?

76. Requisites of Cause of Action?

59. What is a warranty? 77. What is an industrial life insurance?

60. Sec. 71 vs Implied Warranty 78. Where to file claim if 6 months? 2months?

61. Sec 76 * if the Claim was already filed with the

62. Sec 48 Commissioner, can you still file in Court?

63. Tan vs CA (Detailed) 79. Sec 235

64. Sunlife vs Sibya (Detailed) 80. Where to appeal the claim?

65. Aban Case (Detailed) 81. Vector Shipping Case (Detailed Facts)

65. Re: Incontestability; 82. Article 2207 in relation to Reinsurance

Compare, contrast, analyze Aban Case, Tan vs CA 83. Computation reg Ratable Contribution

and Sunlife vs Sibya Amount of Policy

———————— X Actual Loss = Ratable Contri
Total Amount of all
* which is correct? Policies

* was the supreme court wrong in one case?

84. Effect of Concealment in Reinsurance
66. What is Proximate Cause?
85. What is Automatic Reinsurance?
67. What is Remote Cause?
86. Facultative Obligation vs Facultative
68. What is Efficient Cause?
Reinsurance (Similarities and Difference)
69. What is Immediate Cause?
87. Sec 98
70. Sec. 86 87 88
88. Memorize Sec 97
71. What is a Notice of Loss
*Board Computation regarding the application of
* rules reg notice of loss
Sec 97
* purpose of notice of loss?
89. What is a Marine Insurance? * If the reinsurer pays is the reinsurer subrogated?

90. Sec 101 (verbatim) in relation to Kinds of 102. What are the requisites of subrogation?

Marine Insurance 103. What is a Reinsurance Treaty?

91. Can you obtain a Marine Insurance over a 104. What are Implied Warranties?

Dwelling Place? * What are the Requisites of Implied Warranty of

92. What is a Voyage Policy Nationality?

93. Time Policy? 105. Implied warranties in Marine Insurance?

94. What is a Storm according to PAGASA? 106. Cargoworthy vs Seaworthy?

*anim natawag dito nga-nga kami besh * Is a Seaworthy Vessel always Cargoworthy?

*nasa footnote or facts to ng case hanapin niyo Vice versa?

nalang * What are the rules on Seaworthiness?

95. Perils of the Sea vs Perils of the Ship 107. Sec 123 and 124

96. What is Loan on Bottomry? 108. What is Deviation?

97. Is there Concealment in Marine Insurance? 109. Order of course of the voyage?

What is the effect? 110. When is Deviation proper?

98. Is there representation in Marine Insurance? 111. Give an example of Sec 126(b) and 126(c)

Effect? 112. What if the peril did not actually exist in

99. Sec 113 vs Sec 45 126©, is the insurer liable?

* Is intent material in Sec 113? In Sec 45? 113. What is Loss (Insurance Definition)?

* Is Sec 113 more strict than Sec 45? Why? *Kinds of Loss

100. What is the Operative Fact of Sec 113? 114. What is Actual Loss?

101. Is there Subrogation in Reinsurance? *In Titanic, was there actual total loss?

* If the Insurer pays the insured is the Insurer 115. Is abandonment needed in actual total loss?

Subrogated with the rights of the Insured 116. What is Constructive Total Loss?

against the wrongdoer? 117. Sec 141, then hypo

118. When is there Presume Actual Total Loss?

118. What is a co-insurance clause?

120. Requisites of Abandonment

121. Amount of Recovery Computation (Sec 159)

122. What is a Fire insurance?

123. What is Fire?

124. Sec 170 171

125. What is an Option to Rebuild Clause

126. What is a Life Insurance?

127. What are the rules on suicide in relation to

Life Insurance?

128. What is a casualty Insurance?

129. What is a compulsory motor vehicle

insurance?

130. What is no fault indemnity?

131. What is an indemnity Clause?

132. What is an Accident?

133. What is a No Action Clause?

134. What is an Authorized Driver Clause?

135. What is a Theft Clause?

136. When and where to claim settlement?

137. What is a Surety?

138. What is the Cash and Carry Rule?

139. Does Cash and Carry Rule apply to Surety?