} Hoje Me Alo.
_______ CONCEAL MENT
Great Pacific. Life Accutane Corp
WS.
—Count oF _Appenis, ORAL
October, 13, 449
a A contact of group_of lie insurance was
executed betwen Great Fachc Lile Accurance Corporation :
and Deve lopment Bank of the Philippines The :
Atcuconce Corporation agreed to insure the lives
_ of eligible housing lc _Inarh gaxgors of Deve lopmost Bank,
i On Movember Uy 1463, Wilfedy leuteno, a
___physician_andl_a_housing dleblo_of DBP applied fe
__ membership in the group life imturance plan te
answered all in negative the questions pertaining
hig hell condition that he did not yublered
any illness and he shaled that be is in good A
health. a
the Great Pacific Life issued Cotbficale
Be L868, as insurence coverage. of Mr. Leuk ,
tb the oclent_of _his DBP_rortgage indebledinecs.
Comsequenly a _Leuter'n died and the.
_bBP sabmitkd a decth claim to the Great
i —___ Pacibie. like, bat the lather denied, claiming
that Dr.’ Levdeny was tnt Yn gd healt
when be applied for insurance Oueeg gp.
Scanned with CamScannerThe _ Greot Vacific Like Assurance —insiskd that
|____ De Lederto id nok disclose. that he had been
Sa: ng, from hyper lensin whic, caused _his decd.
Alege Such nom disclosure, conshidakd concealer?
— thet shed the denial of the chim. ol
a the widow of the deceased filed a
——Coinpliat agains} the insurance company alleging
That his _bushan ch wes suffved of headache
pes nably due fo high Iood., But the body
of the dewased wos nob autopsied , bene a
fren comes wet ot ruled cod. the :
Issue: Whether or mot Je euler ‘ied
ll to disclose that he had hy per kersion and
i oe the Great Paci fe life can inky posed
Insurance contac.
A RUCING: Ho there & no conceal ment and
5 the Great Pautre Uke _ camo inkepued
Cone alment as 6 Oekeny fb annul the
insaccnce Contregl.
the Geet Lik Asta rame Failed
Pio eal Yo We eae fled Hee
Covteglment, the freuglulent _inkerk on the.
pact_ot the innwed mast be ertablthed b
i entitle the insurer to vercind the cna
Baz thee {wes 6 prot thet the erected
Suflered fom hyper dension»
Scanned with CamScannerMIS RE PRE SENTATION,
| NG GAN ZEC Us. ASIAN CRUSADER
GR! Ho. 36608 | May 30, 1463
Se OG Niiong Non appli ee ig
endowment thts oe re nd wil ke ug
——— Ng Gan Zee as bene ficiary. On the Same
ai —day,_ the Asiqn Coaseder , upon receipt of the
Fequired premium ftom the_ insured, Gpproved. th
oo Applicaton and issued the coresponding policy.
Kwong Nam died of liver camer a
\ wih, nclictaie. All premiums hed heen paid
ao atthe fine of his death =
4 — the ui submited 4 claim for
— payment of the policy and sulmithd the
Fequired proof ot death of hg husband Bat
the itsian Craséder denied the chim on the
ground thet the answes given by the
inswed to the questions in his applicaon
were __uniue.
The ut bought th athe be the
he attention of Jvrgurqne Commissioner a
the lable ardured the Asian Crusader fy
fay the fall face Gale of the policy. :
the Asign _C/aSader denied the order
— conkeding Pht the deceased _inswed
a gui hy ok mis. nepe sentation when he gat
7 a rmBleading nd fale medical
infirmabin as 4 hd ollnent- the Company
Scanned with CamScannerTi hes been held thal the concealment or
_____ hecause_of
: Paling OR the Asian Crusader was not
further conendedt that the deceased
was operabed_an foe_pephe ule 2 Yeows
befine the policy was applied
Lssye:
Whether oc rot the Asion Croscder
was de ceived by the deceased inured
t_mis representation.
deceived by the deceased! insured because,
64 _mistepresentation.
mise presentabien _ hast in the obsene, of iinguines_, be _
ot only material , but faudulent or the Fick mash
have _ been _inknho nally withheld.
Fraudulent inkst on the _pact_of- the incwed
rust be established 4 enbtle the insuner
Fescind the _conbrack. the nis representation as 4
delenge of te imum bh suid ie bid is an
aBirmative deftme- the duby b establch such ¢
defense __ teats upon the inser.
Tt bears empbass thet Huong Nat» hed
inbred the appellants nedical eraminer_of fe
tumor, His ctahement that said _temar wes
associated with uleer shoulf be construed as
Qn _eypeession _mede_ih gvocl bath of he helel
ab the nabee of hz ailent at gern,
Though the Comnunieabion was Dmperket
: - f
the sere was subbiciest 'o wake the Prsyrer > hee
inguidty okt the — callmenl--
Scanned with CamScannerBREACH OF Wanantiés.
GENERAL TUsomace SURETY Coto RATION
WING HUA, GR No 373 Jan. 3,140.
SS ae
tn_1452, General Lnsurance_iscwed a tre
policy fy ly flag case the conerk of Hf
lenkral fomade. Factory owned by hin. thee was G
_prov'sion_in the policy thet should the. be any a
—Ihcurance already efecled or _b be cub sequently :
—___pocured , te red tlie ele th nso a
Ng Bua declaved thet thee was pone. The ten
__ pet day , the building ard _the goods shred therein.
burned. Subsequently, the clain of Ng tug fr
a the proceeds _was denied by. beneral sme fh
Adiscouered thet Ho Hua had _ghtaineel an
insurance fism —_beneral Indennity tr the sane
goods ard fir the sine period of tng.
Lssue: (Whether or not there was breach
ot warranty by No Hua.
Ruling Nes, thee was breach of wevranly,
by fy bea,
~The amotahion rast be deemed b bea
eran ak the_pre wos ot insured by
Gy other policy. Violation theeot anbhles the.
igure b rescind The _matriahty of hon diicasure
Scanned with CamScannerot other i policies i rot open bo cloubt..
Father more» event the annotations
were overlooked the insurer wouldl stl)
be_free_ om lio bib because thee. is ho
ques bon that the po Noy issued by “beneea!
dndlemum'ty had not been shked ih hor
ehdorsed on Policg Na. 41 of cekndant.
Aad as_shpu lakd ine poo o_
Such policy “all benefit ander this policy
shell be Prkeikd.
Scanned with CamScanner