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What are the instances wherein transfer of insurable interest would not suspend the
validity of the policy?
1. In life, health and accident insurance.(Sec. 20);
2. Change in interest in the thing insured after occurrence of an injury which results in a
loss. (Sec. 21);
3. Change in interest in one or more of several distinct things separately insured by one
policy.(Sec. 22);
4. Change of interest, by will or succession, on the death of the insured. (Sec. 23);
5. Transfer of interest by one of several partners, joint owners, or owners in common,
who are jointly insured, to others. (Sec. 24);
6. When a policy is so framed that it will inure to the benefit of whomsoever, during the
continuance of the risk, may become the owner of the interest insured. (Sec. 57);
7. When there is an express prohibition against alienation in the policy, in case of
alienation, the contract of insurance is not merely suspended but
2. Enumerate the instances wherein deviation is proper in Marine Insurance
a. Departure of vessel from the course of the sailing fixed by mercantile usage
b. Departure of vessel from the most natural, direct and advantageous route if not fixed
by mercantile usage
c. Unreasonable delay in pursuing voyage
d. Commencement of an entirely different voyage (Secs. 121-123)
3. Distinguish Perils of the sea from perils of the ship
PERILS OF THE SEA
Includes only those
casualties due to the:
1. unusual violence; or
2. extraordinary action of
wind and wave; or
3. Other extraordinary
causes connected with
navigation.
All Risks Policy insurance against all causes of conceivable loss or damage, except: 1)
as otherwise excluded in the policy; or 2) due to fraud or intentional misconduct on the
part of the insured.
5. State the insurable interest of the following
1. Shipowner
a. Over the vessel to the extent of its value, except that if chartered, the insurance
is only up to the amount not recoverable from the charterer. (Sec. 100).
b. He also has an insurable interest on expected freightage. (Sec. 103).
c. No insurable interest if he will be compensated by charterer for the value of the
vessel, in case of loss.
2. Cargo owner
Over the cargo and expected profits (Sec. 105).
3. Charterer
Over the amount he is liable to the shipowner, if the ship is lost or damaged
during
4. Creditor/lender
Amount of the loan
OTHER PROPERTY
INSURANCE
The information of the belief
The information or belief of a 3rd
or expectation of 3rd persons
party is not material and need not be
is material and must be
communicated unless it proceeds
communicated
form an agent of the insured whose
duty it is to give information
The concealment of any fact
Concealment of any material fact will
in relation to any of the
vitiate the entire contract, whether or
matters stated in Sec. 110 does not the loss results for the risk
not vitiate the entire contract
concealed.
but merely exonerates the
insurer from a risk resulting
from the fact concealed
7. Enumerate the implied warranties in marine insurance
IMPLIED WARRANTIES
1. Seaworthiness of the ship at the inception of the insurance (Sec. 113);
2. Against improper deviation (Sec. 123, 124, 125);
3. Against illegal venture;
4. Warranty of neutrality: the ship will carry the requisite documents of nationality or
neutrality of the ship or cargo where such nationality or neutrality is expressly warranted;
(Sec. 120)
5. Presence of insurable interest.
8. Enumerate the instances wherein there is deviation in Marin Insurance
a. Departure of vessel from the course of the sailing fixed by mercantile usage
b. Departure of vessel from the most natural, direct and advantageous route if not fixed
by mercantile usage
c. Unreasonable delay in pursuing voyage
d. Commencement of an entirely different voyage (Secs. 121-123)
9. Distinguish total actual and total constructive loss
Total:
a. Actual i. Total destruction;
ii. Irretrievable loss by sinking;
iii. Damage rendering the thing valueless; or
iv. Total deprivation of owner of possession of thing insured. (Sec. 130)
b. Constructive i. Actual loss of more than of the value of the object;
ii. Damage reducing value by more than of the value of the vessel and of cargo;
and
iii. Expense of transshipment exceed of value of cargo. (Sec. 131, in relation to
Sec. 139)
10. Distinguish general average from particular average
General
Has inured to the
common benefit and
profit of all persons
interested in the vessel
and cargo
Particular
Has not inured to the common
benefit and profit of all persons
interested in the vessel and her
cargo.
To be borne equally by
all of the interests
concerned in the venture.
11. Differentiate the bases of insurable interest in property insurance and casualty
insurance
PROPERTY INSURANCE
Principal contract
2 parties: insurer, insured
Contract of indemnity
18. Discuss in details the rule on insurance claims when the insured is killed by the
beneficiary.
General Rule: The interest of the beneficiary in a life insurance policy shall be
forfeited when the beneficiary is the principal accomplice or accessory in
willfully bringing about the death of the insured, in which event, the nearest
relative of the insured shall receive the proceeds of said insurance if not otherwise
disqualified (Section 12).
Exceptions:
1. Accidental killing;
2. Self-defense;
3. Insanity of the beneficiary at the time he killedthe insured.
NOTE: if the premiums paid came from conjugal funds, the proceeds are
considered conjugal. If the beneficiary is other than the insureds estate, the
source of premiums would not be relevant.
NOTE: The measure of indemnity on life or health insurance policy is the sum
dixed in the policy except when a creditor insures the life of his debtor.
A species of compulsory insurance that provides for protection coverage that will
answer for legal liability for losses and damages for bodily injuries or property
damage that may be sustained by another arising from the use and operation of motor
vehicle by its owner.
Method of coverage
1. Insurance Policy
2. Surety Bond
3. Cash Deposit
24. What are the matters embraced by the term doing an insurance business?
Doing an insurance business or transacting an insurance business shall include
(RISO)
a) Doing any kind of business including a Reinsurance business,
specifically recognized as constituting the doing of an insurance business
within the meaning of this code;
b) making or proposing to make as an insurer, any Insurance contract;
c) making or proposing to make as a surety any contract of Suretyship as a
vocation and not as merely incidental to any other legitimate business of
the surety;
d) Others doing or proposing to do any business in substance equivalent to
any of the forgoing in a manner designed to evade any of the provisions of
this code.
INSURABLE
INTEREST IN
PROPERTY
DEFINITION
COVERAGE
LIMITATION/EXTEN
T
EXISTENCE
RULES AS TO
BENEFICIARY
26.) Discuss concealment as regards definition and remedy given to injured party in case of
concealment.
Concealment A neglect to communicate that which a party knows and ought to communicate
(Sec. 26)
Requisites:
a. A party knows a fact which he neglects to communicate or disclose to the other.
b. Such party concealing is duty bound to disclose such fact to the other.
c. Such party concealing makes no warranty as to the fact concealed.
d. The other party has not the means of ascertaining the fact concealed.
e. Material
Remedy: Entitles insurer to rescind, even if the death or loss is due to a cause not related to the
concealed matter (Sec. 27)
29.) What are the defenses NOT barred by the Incontestability Clause
That the person taking the insurance lacked insurable interest as required by law;
30.) PROBLEM
32.) What are the instances wherein NON payment of policy would nevertheless make the
policy valid and binding?
In case of life or industrial life insurance, when the grace periods applies; (Sec. 77)
When the insurer makes a written acknowledgment of the receipt premium; (Sec. 78)
If the parties have agreed to the payment of the premium in installments and partial
payment has been made at the time of the loss.
Where a credit term has been agreed upon.
Where the parties are barred by estoppel.
33.) PROBLEM
39. What are the rules that would govern issuance of Cover Notes?
The cover note shall be issued or renewed only upon prior approval of the insurance
commission
The cover note shall be valid and binding not more than 60 days from the date of its
issuance
The cover note may be cancelled by either party upon prior notice to the other of at least
7 days
The policy should be issued within 60 days after the issuance of the cover note and
The 60 day period may be extended upon written approval of the Insurance Commission
Open policy Value of thing insured is notagreed upon, but left to be ascertained attime
of loss;
Valued policy Definite valuation is agreedupon by both parties, and written on the
faceof the policy;
Running policy Contemplates successiveinsurances and which provides that thesubject
of the policy may from time to time bedefined
This policy extends to cover amounts representing increase in value in excess of sum
insured up to 10% over the existing cover limit for each item it being understood that the
insured undertakes to advise such additions, within 60 days and to pay the additional
premium required from the date of inception thereof, and those upon this policy shall be
endorsed accordingly following endorsement of any additional amounts the provisions of
this clause are fully reinstated.
No, a running policy is intended for indemnity in property because of its frequent change
of location and quality. However it is considered valued policy since one cannot simply
measure the pecuniary loss that may suffered by the beneficiary.
44. What are the requirements for a foreign company to be allowed to do insurance
business in the Philippines?
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Those made between persons who were guilty of adultery or concubinage at the time of
the donation
Those made between persons found guilty of the same criminal offense, in consideration
thereof
Those made to a public officer or his wife, descendants and ascendants, by reason of his
office
Insured cannot:
o Assign the policy
o Take the cash surrender value of the policy
o Allow his creditors to attach or execute on the policy
o Add new beneficiary
o Change the irrevocable designation to revocable, even though the change is just
and reasonable
Liability insurance (also known as casualty insurance) refers to coverage for injury to
another person or damage to a person's property for which you are legally responsible.
General liability is a standard element of most business owner's policies.