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It appears that months prior to issuance of the policy, the deceased was
operated on for cancer, notwithstanding such fact, Saturnino did not make a
disclosure thereof in her application. On the contrary, she stated therein that she
did not have, nor had she ever had among other ailments listed in the application,
cancer or other tumors; nor undergone any operation.
Held: No. Under the law, each party to a contract of insurance is bound to
communicate to the other, in good faith, all facts within his knowledge which are
material to the contract, and to which he makes no warranty, and which the other
has not the means of ascertaining.
In the instant case, there can be no dispute that the information given by
her in her application was false, namely, that she had never cancer or tumors or
undergone any operation in the preceding five years. It is evident that she is guilty
of concealment.