INSURANCE (Recit Questions) – STA. 18. Isn’t in a contract of indemnity?
Bakit
BARBARA
1. Requisites of an obligation
2. In a contract of insurance, who is the active
subject, passive subject, prestation, juridical
tie?
3. What is the difference between a life annuity
and life insurance? Why is it called an
annuity?
4. Option to Rebuild Clause
5. Is the payment of premium an obligation?
6. Section 2 and 3
7. Definition of an insurance contract
8. Article 2207, CC.
9. Articles 1236 (If the insurer pays to the
insured for damage arising from a risk other
than that stipulated in the insurance
contract, can the insurer recover from the
wrongdoer?)
10. What is the effect of payment of damage
arising from a risk not included in the
insurance policy?
11. In a contract of insurance, who is the offeror?
Offeree?
12. What is insurance policy
13. Why is it called insurance policy? Why
policy? Why not deed of insurance?
14. Doctrine of Contra Preferentem (Not sure
haha)
15. Rule in case of ambiguity? Why is ambiguity
construed against insurer? When is it
disapproved by the Commissioner?
16. Chinese national is insured (hypo – example)
17. What is an Open Policy? What is the
amount? Why only that amount? What if the
object is more expensive?
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maximum lang?
19. What is valued policy?
20. What is subrogation?
21. Enriquez v. Sun Life Insurance Co. of
Canada
22. If written or printed; which shall prevail?
23. When is a contract of insurance perfected?
24. Cognition Theory
25. How about withdrawal of the contract of
insurance? When does it take effect?
26. Article 1319
27. Difference between Insurance Risk v.
Actuarial Risk
28. Philippine Health Care Providers Inc. v CIR
29. Principal Object and Purpose Test
30. Life insurance; an indemnity?
31. Article 1156 – as applied to insurance
32. Life annuity v. Life Insurance
33. What is a blanket policy?
34. Difference between warranties, clauses,
endorsement, and riders
35. What is the binding of the binding effect of
riders?
36. Which shall prevail – rider or policy?
37. Section 64, IC
38. Is written notice the only one required?
39. What if text? What is the purpose?
40. Does the note need to be actually received?
41. Marine insurance between marine risk note
and insurance policy?
42. Cash and Carry Rule (See De Leon Book)
43. Section 77 and 79 (Verbatim)
44. Insurable Interest
45. Cash Surrender Value
46. Premium v. Assessment
47. Section 53
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 48. What is an all-risk insurance vs. specified
risk insurance
49. Why is the classification important? This is to
determine who bears the loss.
50. What does the insurer need to prove in an
all-risk policy so that he is not liable on the
loss?
51. Is an insurance policy covered by the
Statute of Frauds?
52. Is an oral contract of insurance enforceable?
53. Ng Gan Zee Case
54. Section 33
55. Insurance issued a policy despite that the
application was not complete. Cane the
insurer avoid the policy?
56. Florendo v. Philam Plans
57. Representation; Kinds
58. Insured misstated the age in the application
form, can the insurer avoid? No. See Edillon
Case
59. Let’s say that the insured is (50 y/o believing
in good faith) and stated that she is only 30
y/o; insurer approved the policy. Would it
give the insurer the right to rescind?
60. Representation as to age is a mere hearsay;
not a matter of fact and is a matter of
opinion.
61. Personal knowledge of age – is it a fact or
opinion? If it is an opinion, can it be
classified as a misrepresentation?
62. What is warranty?
63. Section 71, IC.
64. Section 48, IC.
65. Tan v. CA
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66. Sunlife v. Sibya (Compare the ruling with Tan
v. CA)
67. Distinguish “suppresio veri” v. “alegacio
facie”
68. Section 33, IC.
69. Two modes of waiver
70. “Have you been hospitalized?” In case of
non-disclosure, can the insurer avoid the
contract? What if incomplete answer?
71. What if the answer of the insured was “No.”
which in truth and in fact the insured was
hospitalized. What will be the effect?
72. What is representation? Can the insurer
make a representation? Is it a collateral
statement?
73. Section 31, IC. Is this exclusive to the
insurer?
74. What is the representation is made in bad
faith? What if made in good faith? What
would happen?
75. Would the answer be the same is it is a non-
medical insurance?
76. What are affirmative representations?
77. Affirmative vs. preliminary representations
78. Before the effectivity, can the insured
withdraw an affirmative representation?
79. Let’s say a representation was made that he
does not take drugs and later on he did,
what would be the effect?
80. Let’s say he represented that at that time –
he represented: 1 floor, but later on he had 3
floors. What is the effect?
81. Can representation modify the express terms
of the contract? Reasons behind this rule.
82. What is the parole evidence rule?
83. Why can a representation modify an implied
warranty?
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 84. What is an implied warranty? 105. What is the meaning of the phrase “during
85. Section 70, IC the lifetime” under Section 98?
86. What is a continuing warranty? Is it a 106. Differentiate the ruling in Tan case and
perpetual warranty? Sunlife case – What is the basis of the
87. True or False. A breach of warranty entitles Supreme Court
the insurer to rescind? 107. Which one is correct: Tan ruling or Sunlife
a. Sometimes True ruling?
b. Always True 108. Did Sunlife ruling abrogate the Tan ruling?
c. Never True (The answer is in Manila Bankers Case)
88. Section 76, IC. Breach of warranty without What is a ratio decidendi?
fraud 109. What is proximate cause?
89. Breach of warranty present at the inception, a. v. Immediate Cause
what will happen? b. v. Remote Cause
90. Can the insured claim the premium? c. v. Remote Cause
91. What if it was not present at the inception? 110. The cause of the cause is the evil caused
_______ pro-rata 111. Why did the law use the word proximate
What if the breach of warranty was when it does not define proximity?
fraudulently committed? 112. Sections 86-88 (Loss)
92. What are the exceptions 113. Notice of Loss
93. Exempted merit? Exclusion? Conditions? – 114. Purpose?
Device for Controlling Risks 115. Prescriptive Period; when it does accrue?
94. Can the insurer waive a breach of warranty 116. If the claim was filed in the Commissioner,
without material consideration? can he still file in the court?
95. Section 48. IC. Rescission, under what 117. Vector Shipping Case
chapter? 118. Do you agree that proximate cause as
96. What is judicial rescission? used in Torts is different as it is intended in
97. The right to rescind shall be made when? the Insurance Code?
98. Section 98, par. 2. 119. Section 48, IC.
99. How can it be enforced if it is void ab initio?
What are the void contracts?
100. An action in a void contract does not 120. Subrogation in Reinsurance
prescribe. 121. Section 96
101. Tan v. Court of Appeals 122. Section 98 = Hypo
102. Sunlife v. Sevia – Ruling of the Supreme 123. Facultative v. Automatic Insurance
Court 124. Reinsurance Treaty
103. Edillon 125. Section 96
104. Tan Case (again)

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 154. Hypo page 285 ng Aquino number 3.
126. Marine Insurance; Kinds 155. Co-insurance clause?
127. What is a storm (Nasa isa sa mga cases to) 156. When is there presumed actual total loss?
128. Perils of the sea v. Perils of the ship 157. Requisites of abandonment
129. Loan on Bottomry 158. Amount of recovery (159) – May
130. Rules on Concealment computation hehe
131. Rules on Representation
132. Section 113 v. Section 45
133. Is intent material? 159. Fire insurance
134. Why is Section 113 stricter than Section 160. What is fire
45? 161. Hostile v. Friendly Fire
135. Implied warranty? 162. Section 170
136. Cargoworthy vs. Seaworthy 163. Section 171
137. A seaworthy vessel is a cargoworthy, right? 164. Option to Rebuild Clause
138. If the cargo is fresh meat, is there a need
for a refrigerator to be cargoworthy?
139. Rules as to Seaworthiness? (pp. 88, 2017 165. Life Insurance
memaid) 166. Rule on Suicide
Requisites of Implied Warranty of 167. Suicide Clause
Nationality 168. Casualty Insurance
140. Deviation 169. Compulsory Vehicle Insurance
141. Section 123 and 124 170. What is a motor. vehicle
142. Order of course of voyage 171. Eh paano yung Mio? Is that covered?
143. When is deviation proper 172. No faulty indemnity clause
144. Example of Section 126 (b) – Illustrate (b) 173. Accident?
and (c) 174. No action clause
145. If there is no peril, is deviation proper? 175. Authorized driver clause?
146. What if the peril did not really exist in 126 176. Theft clause
(c), is the insurer liable? 177. Prescriptive period in CMVLI
147. Loss definition in insurance; Kinds
148. Actual total loss?
149. Section 132, IC. 178. When and where to claim settlement?
150. Titanic – is there total loss? 179. Surety?
151. Is abandonment needed in actual total
180. Cash and Carry Rule
loss? 181. Does it apply to surety?
152. What is constructive total loss? 182. What is an indispensable party? (CIVPRO)
153. Hypo re Section 141, IC.

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