2022 Commercial Law, Q2

[This item has two questions.] Muviel obtained a life insurance policy from X Insurance Corp. Muviel underwent a medical examination and was certified as qualified to be insured. Unknown to X Insurance Corp., Muviel had a mild stroke some years earlier. The insurance policy expressly provided that any misrepresentation in the questionnaire filled up by Muviel for the issuance of the policy would render the policy null, void and of no effect.

Quick check

Under Section 48 of the Insurance Code, when does a life insurance policy become incontestable?

Does passing a medical examination cure or excuse an applicant's concealment of a prior stroke?

What is the statutory effect of material concealment under Section 27 of the Insurance Code?

In Tan versus Court of Appeals, what was the ruling regarding the two-year incontestability period?

If an insured dies within two years from policy issuance having concealed a mild stroke, can the beneficiaries claim?

Learn more about these topics

1. Incontestability Clause
Under Section 48 of the Insurance Code (Republic Act Number 10607), after a policy of life insurance has been in force during the lifetime of the insured for a period of two years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindable by reason of fraudulent concealment or misrepresentation of the insured. The incontestability clause is mandatory and precludes the insurer from raising defenses grounded on misrepresentation or concealment once the two-year statutory period has elapsed during the lifetime of the insured.

2. Material Concealment
Section 27 of the Insurance Code provides that a concealment, whether intentional or unintentional, entitles the injured party to rescind a contract of insurance. Concealment is defined as a neglect to communicate that which a party knows and ought to communicate. A prior stroke is a material fact concerning the health and medical history of the applicant because it directly affects the insurer in estimating the risk and forming the insurance contract. Within the contestability period of two years, proven material concealment grants the insurer the legal right to rescind the life insurance policy.

3. Medical Examination Effect
In Tan versus Court of Appeals, the Supreme Court ruled that the passage of a medical examination conducted by the insurer's designated physician does not waive or cure the insured's fraudulent concealment of material medical history. An insurer relies primarily on the truthfulness of the applicant's disclosures in the insurance application questionnaire. The fact that the insurer's physician certified the applicant as qualified does not prevent the insurer from rescinding the policy within the two-year contestability period upon discovering that the insured concealed a prior serious medical condition such as a stroke.

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