Sta-B-Insurance-Law-Recit-Qs-Compiled-2017-2018 (1).pdf

Insurance Law Questions - Atty. Sta. Barbara (2017-2018)

8. Who are the parties - insurance contract? 9. Insurable Interest? 10. If you steal something do you have insurable

1. Firs Firstt day day reci recitt - Obli ObliCo Con n

interest over the thing you stole?

* Random ObliCon Codal Provisions

11. Can you insure the life of a baby inside the

* ObliCon in relation to Insurance

mother’s womb?

* Pre req daw kasi ng Insurance ang ObliCon

12. Verbatim Verbatim Codal Provs under Insurable Interest

so dapat master niyo na ObliCon since  pumasa na kayo.

* Codal provision then hypo reg the provision 13. Sec. 77 verbatim 14. Premium vs. Assessment

2. Sec. 2 Insurance Code (verbatim)

15. Contract of Insurance a unilateral contract?

3. Is Insurance a form of donation?

16. What is the cash and carry rule?

* what is a donation

17. Sec. 79 Verbatim

* everything related to donation

18. What is cash surrender value?

* Civil Code Provision in re to donation

19. A obtained obtained an life insurance for himself and B

* If you obtained a fire insurance for your house,

is his beneficiary, does B need to have insurable

can you ask the insurer to just rebuild your house?

interest over A’s life?

Not pay money?

20. Insurance Policy vs Insurance Contract

4. Civil Code Provs in re Insurance

21. Sec 51 verbatim

* 2011

22. What is contra preferentem?

* 2012

23. Why is a contract of adhesion liberally

* 2207

construed in favor of the insured?

5. What may be insured (Sec 3)?

24. Art 1332 Civil Code

6. Philhealth Care Providers v CIR (Detailed)

25. Sec. 60-62 verbatim

7. Sec 193 Insurance Code (Verbatim)

26. Sec. 53-56 verbatim

27. What are the rules on cover notes?

 Nasa 45. What are the Four Primary Concerns? ( Nasa

28. All risk policy vs specific policy?

book to ni Aquino parang history thingy-intro thingy-intro sa

29. Essence of statute of frauds? Relate to

topics reg concealment representation representation etc, di ko to

insurance contract

nasagot sa recit kasi diba De Leon yung Book ko

30. What is a blanket policy?

 pak)

31. What is a running policy?

46. How did the Insurance Code implement the

32. Difference between blanket policy and

first concern? Second, third, fourth

running policy?

*correlate the concerns with the Devices;

33. Advantages of a blanket policy?

representation, concealment etc

34. What is a rider?

47. Requisites of Concealment

35. Indorsement vs Warranty?

48. Requisites of Concealment as a ground to

36. Which will prevail? Written or printed?

rescind?

37. Sec 64-65 verbatim

49. Sec 30 32 33 34 35

38. Rider vs Original Policy

50. What is the Test of Materiality from the

39. Madami siyang tinanong na latin terms, di ko

standpoint of the Insurer?

maintindihan so di ko nasulat, at least may

51. Ng Gan Zee Case (Detailed)

mystery diba?

52. Sec 33

40. Recite provs reg Concealment

53. Insurer issued a policy despite the fact that the

(actually halos lahat naman ng codal provisons

application was not complete. Can Insurer avoid

pinaparecit imemorize mo na kaya buong code?

the policy?

charot)

54. Florendo vs Philam Plans

41. Philamcare vs CA (Concealment) (Detailed)

55. What is Representation?

42. Sec 26

56. Kinds of Representation

43. Sec 38

57. Insured misstated his age in the app form, can

44. Sec 31

insurer avoid the policy? (In re Eddilion case)

58. Personal Knowledge of Age

72. Proof of Loss?

* is it a fact or opinion?

73. What is prescriptive period by default?

* if it is an opinion, can it be classified as

74. Can parties shorten the prescriptive period?

misrepresentation?

75. When does cause of action accrue? 76. Requisites of Cause of Action?

59. What is a warranty?

77. What is an industrial life insurance?

60. Sec. 71 vs Implied Warranty

78. Where to file claim if 6 months? 2months?

61. Sec 76

* if the Claim was already filed with the

62. Sec 48

Commissioner, Commissioner, can you still file in Court?

63. Tan vs CA (Detailed)

79. Sec 235

64. Sunlife vs Sibya (Detailed)

80. Where to appeal the claim?

65. Aban Case (Detailed)

81. Vector Shipping Case (Detailed Facts)

65. Re: Incontestability; Incontestability;

82. Article 2207 in relation to Reinsurance

Compare, contrast, analyze Aban Case, Tan vs CA

83. Computation reg Ratable Contribution

and Sunlife vs Sibya

Amount of Policy ———————— Total Amount of all Policies

* which is correct?

X Actual Actua l Loss = Ratable Contri

* was the supreme court wrong in one case? 66. What is Proximate Cause? 67. What is Remote Cause? 68. What is Efficient Cause? 69. What is Immediate Cause? 70. Sec. 86 87 88 71. What is a Notice of Loss * rules reg notice of loss * purpose of notice of loss?

84. Effect of Concealment in Reinsurance 85. What is Automatic Reinsurance? 86. Facultative Obligation vs Facultative Reinsurance (Similarities and Difference) 87. Sec 98 88. Memorize Sec 97 *Board Computation regarding the application of Sec 97

89. What is a Marine Insurance?

* If the reinsurer pays is the reinsurer subrogated?

90. Sec 101 (verbatim) in relation to Kinds of

102. What are the requisites of subrogation?

Marine Insurance

103. What is a Reinsurance Treaty?

91. Can you obtain a Marine Insurance over a

104. What are Implied Warranties?

Dwelling Place?

* What are the Requisites of Implied Warranty of

92. What is a Voyage Policy

Nationality?

93. Time Policy?

105. Implied warranties in Marine Insurance?

94. What is a Storm according to PAGASA?

106. Cargoworthy vs Seaworthy?

*anim natawag dito nga-nga kami besh

* Is a Seaworthy Vessel always Cargoworthy?

*nasa footnote or facts to ng case hanapin niyo

Vice versa?

nalang

* What are the rules on Seaworthiness?

95. Perils of the Sea vs Perils of the Ship

107. Sec 123 and 124

96. What is Loan on Bottomry?

108. What is Deviation?

97. Is there Concealment in Marine Insurance?

109. Order of course of the voyage?

What is the effect?

110. When is Deviation proper?

98. Is there representation in Marine Insurance?

111. 111. Give an example of Sec 126(b) and 126(c)

Effect?

112. What if the peril did not actually exist in

99. Sec 113 vs Sec 45

126©, is the insurer liable?

* Is intent material in Sec 113? In Sec 45?

113. What is Loss (Insurance Definition)?

* Is Sec 113 more strict than Sec 45? Why?

*Kinds of Loss

100. What is the Operative Fact of Sec 113?

114. What is Actual Loss?

101. Is there Subrogation in Reinsurance?

*In Titanic, was there actual total loss?

* If the Insurer pays the insured is the Insurer

115. Is abandonment needed in actual total loss?

Subrogated with the rights of the Insured

116. What is Constructive Total Loss?

against the wrongdoer?

117. Sec 141, then hypo

118. When is there Presume Actual Total Loss? 118. What is a co-insurance clause? 120. Requisites of Abandonment 121. Amount of Recovery Computation (Sec 159) 122. What is a Fire insurance? 123. What is Fire? 124. Sec 170 171 125. What is an Option to Rebuild Clause 126. What is a Life Insurance? 127. What are the rules on suicide in relation to Life Insurance? 128. What is a casualty Insurance? 129. What is a compulsory motor vehicle insurance? 130. What is no fault indemnity? 131. What is an indemnity Clause? 132. What is an Accident? 133. What is a No Action Clause? 134. What is an Authorized Driver Clause? 135. What is a Theft Clause? 136. When and where to claim settlement? 137. What is a Surety? 138. What is the Cash and Carry Rule? 139. Does Cash and Carry Rule apply to Surety?