Professional Documents
Culture Documents
SECOND
1. What is section 48
2. Right to rescind must be exercised when?
3. Meaning of incontestability
4. How long para maging incontestable ang life insurance?
5. Can the 2-yr period be shortened?
6. Can the 2-yr period be extended?
7. Purpose of the 2-yr period
8. A concealed his disease on the application, a policy was issued in
his favor. After 1 yr from the issuance, A died. Questions:
a) May the beneficiaries claim the proceeds?
b) can the insurance company rescind the contract?
9. Supposing A died 20 years after the date ng issuance - same
question
sa
#8.
10. Other grounds for rescission na pwede pa kahit naglapse na ung
2yr
period
11. Soliman Case
12. Meaning of policy of insurance
13. Who signs #12?
14.
is
policy
the
same
as
the
contract?
15.
Does
delivery
perfect
the
insurance
policy?
16.
What
is
a
rider
17. Inconsistencies between rider and policy - what should prevail?
why?
18.
What
is
a
clause?
19.
What
are
warranties?
THIRD
1. Section 63
2. What is the period allowed by law if there is no stipulation?
3. Why 10 years?
4.
Kailan
naga
accrue
ang
cause
of
action?
5. Filipino Merchant Case
6. Mayer Case
7. Grounds for cancellation
FOURTH
1.) What is a claim?
2.) Before loss, can the insured assign his right sa insurance
contract?
3.) ^Eh in life insurance?
4.) After loss, can the insured assign his right sa insurance contract?
5.) Is the consent of the insurer necessary pag inassign after ng
loss?
6.) Agreement to assign before loss - bakit void?
7.) What is a loss?
8.) Who has the burden of proof when loss has occurred?
9.) When is the insurer liable?
10.) A insured his house against FIRE. Fire caused an explosion
which
destroyed
the
house.
Is
the
insurer
liable?
11.) What if the explosion is an excepted peril, is the insurer liable?
12.)A insured his building against FIRE. Explosion caused the fire.
Fire
destroyed
the
building.
Is
the
insurer
liable?
13.) A insured his stocks in trade against FIRE. The stocks were
stored in a bodega. The bodega was destroyed by fire.. pero ung
stocks ay hindi nasunog dahil sa agarang pagresponde ng mga
bumbero.. Nabasa yung mga stocks at hindi na mapakinabangan pa.
Is the insurer liable?
14.) ^Fire out. Stocks were not soaked. The owner left the goods in
the warehouse as is. Looters were able to steal the stocks. Is the
insurer liable?
15.) ^ Kelan magiging liable ang insurer pag-nanakaw ung stocks?
16.) United Merchants v. Country Bankers Case
17.) FGU Corp v. Court of Appeals Case
18.) Sunlife Insurance Case
19.) What is a notice of loss?
20.)
Is
there
a
form
required
by
law?
21.) Pwede oral notice?
22.) Period kung kailan dapat mabigay ang notice of loss?
23.) Can the parties stipulate yung period to give notice?
24.) Is the insured required to give proof of loss? or sufficient na
yung
notice
of
loss?
25.) What is a proof of loss?
26.) May required form ba ang proof of loss?
27.) Who decides kung sufficient na ang proof of loss?
28.) Pacific Timber Case
29.) What is double insurance?
30.) Double Insurance vs. Over-insurance?
31.) Can there be over-insurance sa double insurance?
32.) Can there be over-insurance without double insurance?
33.)Is double insurance prohibited by law?
34.) SECTION 94!!!!!!!
35.) X ay may insurable interest sa bahay niya na P60,000.
Ininsure niya ung house kay A ng P30,000; kay B ng 60,000; at kay
C ng 90,000
i.) May over-insurance?
ii.) Eh double insurance?
iii.) Apply yung 1st rule sa section 94
36.) Difference sa rule ng pagvalued and unvalued
37.) See #35 - X claimed P30,000 from A; 60,000 from B; at 90,000
kay C. QUESTION: What is the rule pagkasobra ang nacollect?
38.) How do you determine the liability of the insurers among
themselves?
39.) What is reinsurance?
40.) Purpose or Benefits of reinsurance?
41.) Types of reinsurance
42.) How is reinsurance effected?
43.) Discuss automatic
FIFTH
1.) Ano ung covered ng marine insurance?
INJURY TO PASSENGERS, included?
2.) Kailangan ba nasa vessel yung precious stones etc para macover ng insurance policy?
3.) Perils of the sea vs. Perils of the ship
4.) La Razon Case and MALAYAN CASE
5.) Sa all-risk insurance, yung peril of the ship, covered ba ng policy?
6.) Burden of proving in an all-risk insurance?
7.) Insurable interest over the vessel
8.) Insurable interest of the charterer
9.) Section 101 - SEC. 103. The insurable interest of the owner of
the ship hypothecated by bottomry is only the excess of its value
over the amount secured by bottomry.
10.) Why is it in bottomry ang pwede lang i-insure yung difference sa
value?
11.) Bakit in charter party ang insurable interest ng owner ay yung
full volume ng vessel pero un bottomry bakit yung difference lang?
12.) Who has insurable interest in freightage?
13.) What is freightage?
14.) Exceptions in concealment (Section 110) - SEC. 112.
15.) What is the effect if insured concealed these facts and such
concealment is the cause of the loss?
16.) What are the implied warranties under Marine insurance? (Page
345)
17.) Can these implied warranties be waived?
18.) When is the implied warranty of seaworthiness satisfied?
19.) When do you determine that the seaworthiness has been
complied with? - sec117
20.) Recknong point of seaworthiness - seaworthiness relates to the
vessel's actual condition at the time of the commencement of the
voyage.
21.) Pano kung during the voyage naging unseaworthy yung vessel?
22.) If ship becomes unseaworthy, pero seaworthy nung
SIXTH
1.) What is casualty insurance?
2.) Examples of casualty insurance?
3.) Enumerate some types of insurance falling under casualty
insurance
4.) What is covered by casualty insurance? Liability lang or injury
lang?
5.) Criminal liability covered ng casualty insurance? How about
liability arising from tort? - criminal negligence - accidental - motor
insurance policy - deliberate criminal acts- not insurable
6.) In a third party liability, ano ung insurable interest?
7.) Example of liability insurance - motor vehicle liability, professional
liability, products liability
8.) Liability insurance v insurance against actual loss
9.) With respect to determining the liability of the insurer, kailangan
ba may judgment saying liable yung insurer?
10.) Can the third person directly claim from the insurer?
11.) Is the insurer solidarily liable sa insured? 12.) Can the third
person choose from whom he can collect?
13.) What is suretyship?
SEVENTH
1.) What is a motor vehicle?
2.) What is a passenger?
3.) Example ng passengers but hindi required to pay [ng fare]?
4.) Who is a third party?
5.) Same ba ang third party and passenger?
6.) ^Purpose ng differentiation ng 3rd party and passenger?
7.) Who is an owner?
8.) Who is an operator?
9.) Insurance policy lang ba ang option ng owner and operators?
10.) Cash deposit na requirement magkano dapat?
11.) Who/What determines the amount of the cash bond?
12.) Effect pag nag fail ang owner/operator to procure an insurance
policy, surety bond, or cash bond?
13.) ^Pag private vehicle, hindi rin pwede mag-operate?
14.) When naga-accrue ang liability ng insurer?
15.) ANNA MAY ininsure yung car niya. Nabangga ni Anna may si B.
Nagfile si B ng DALAWANG kaso: Criminal reckless imprudence
resulting to damage to property; tsaka civil damages. INSURER ni
ANNA: B, Hindi ka pa pwede mag-claim kasi wala pang judgment na
liable si ANNA MAY, therefore, hindi ako liable.
QUESTIONS: a.) Tama ba yung insurer ni ANNA? Why or Why not?
b.) Pwede bang makaclaim si B sa parehas na case (Crim and civil)
para sa isang act lang?
16.) So upon the happening of the accident, the injured party can go
directly sa insurer?
17.) What is the no fault indemnity clause?
18.) Requirements before one can claim under the no fault indemnity
clause?
19.) Yung requirements ba, dapat all or kahit isa lang?
20.) ANNA bus - MAY bus - at pedestrian - Nagbangaan si ANNA
bus at MAY bus. - Nasugatan yung mga pasahero ni ANNA bus. -