Who else can a person have an insurable interest in?
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Any person they depend on for education or support, or in whom they have a pecuniary interest.
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Who else can a person have an insurable interest in?
Any person they depend on for education or support, or in whom they have a pecuniary interest.
Can the right to information of material facts be waived?
Yes, it can be waived by the terms of insurance or by neglecting to inquire about such facts.
What is the measure of an insurable interest in property?
The extent to which the insured might be damnified by loss or injury to the property.
What must the insured do if a certificate or testimony from another person is required?
Use reasonable diligence to procure it and provide evidence of refusal if necessary.
What is insurable interest in the context of life and health?
Every person has an insurable interest in their own life and health, as well as in the life and health of their spouse and children.
Under what conditions is a person insured entitled to a return of the premium?
When the contract is voidable and annulled, due to fraud or misrepresentation, ignorance of facts without fault, or if the insurer never incurred liability due to the insured's default.
Is a person insured entitled to a return of premium if a claim is denied due to fraud?
No, the insured is not entitled to a return of premium in such cases.
Who has an insurable interest in a ship?
The owner of the ship has an insurable interest, even if it is chartered.
What types of representations can be made in an insurance contract?
Representations can be oral or written.
What are the two types of loss in marine insurance?
Total loss and partial loss.
What is a total loss in marine insurance?
A total destruction of the insured item or an event that deprives the owner of possession at the destination.
How is a policy written for less than one year treated?
It is considered as if written for a term of one year.
What happens if an insurer assents to the transfer of insurance from a mortgagor to a mortgagee?
The acts of the mortgagor cannot affect the rights of the assignee if further obligations are imposed.
What is Marine protection and indemnity insurance?
It is insurance against legal liability for loss, damage, or expense related to the ownership and operation of vessels.
When is information about the interest of one insured required?
It need not be communicated unless in response to an inquiry, except as prescribed by Section 51.
What are some grounds for cancellation of an insurance policy according to Section 64?
Conviction of a crime, discovery of fraud, willful acts increasing hazard, physical changes making property uninsurable, excess insurance coverage, or a determination by the Commissioner.
Can a mere contingent or expectant interest be insured?
No, it must be founded on an actual right or a valid contract.
When is an insurer entitled to payment of the premium?
As soon as the thing insured is exposed to the peril insured against.
When must an insurer exercise the right to rescind a contract of insurance?
Previous to the commencement of an action on the contract.
What is presumed about a reinsurance contract?
It is a contract of indemnity against liability, not merely against damage.
What does Marine Insurance cover?
It covers loss or damage to vessels, goods, cargoes, and various types of property related to navigation and transportation.
What is the obligation of each party in an insurance contract regarding general causes?
Each party is bound to know all general causes that may affect the political or material perils contemplated.
What should a master of ordinary skill and discretion consider when the course of sailing is not fixed?
The most natural, direct, and advantageous way between the specified places.
What must exist when the insurance takes effect according to Section 20?
The insured must exist.
What happens if a deviation is improper?
The insurer is not liable for any loss occurring after the improper deviation.
How is a representation regarding the future treated?
It is deemed a promise unless it is merely a statement of belief or expectation.
What is the notice period required for non-renewal of an insurance policy?
At least 45 days in advance of the end of the policy period.
How is payment handled under a valued policy in double insurance?
Any sum received under another policy is deducted from the value of the policy.
What is the insurable interest of the owner of a ship hypothecated by bottomry?
Only the excess of its value over the amount secured by bottomry.
Does the original insured have any interest in a contract of reinsurance?
No, the original insured has no interest in it.
What defines a valued policy?
It expresses an agreement that the thing insured shall be valued at a specific sum.
What happens in case of over insurance by several insurers?
The insured is entitled to a ratable return of the premium proportioned to the excess amount over the insurable value.
What happens if the insurer omits to specify defects in a notice of loss?
All defects that the insured might remedy are waived.
What happens if a charterer covenants to pay the ship's value in case of loss?
The insurer is liable only for the part of the loss that the insured cannot recover from the charterer.
Does a change of interest after an injury affect the right to indemnity for the loss?
No, it does not affect the right of the insured to indemnity.
Does the eventual falsity of a representation as to expectation avoid a marine insurance contract?
No, it does not avoid the contract in the absence of fraud.
What happens if a representation is false in a material point?
The injured party is entitled to rescind the contract from the time the representation becomes false.
What is conclusive evidence of premium payment in an insurance policy?
An acknowledgment in the policy or contract of insurance.
What is the purpose of a cover note in insurance?
To bind insurance temporarily pending the issuance of the policy.
How can the real party in interest be indicated in an insurance contract?
By describing the insured as agent or trustee, or by other general words in the policy.
What happens if the description of the insured in a policy is too general?
Only the person who can show it was intended to include him can claim the benefit of the policy.
What constitutes a deviation in marine insurance?
A departure from the course of the voyage insured or an unreasonable delay in pursuing the voyage.
What entitles one party to rescind a policy?
The violation of a material warranty or other material provision of the policy.
How is the materiality of a representation determined according to Section 46?
By the same rules as the materiality of a concealment.
What happens to the interest in the insurance upon the death of the insured?
It passes to the person taking the interest in the thing insured.
What is a warranty in the context of insurance?
A warranty is either expressed or implied and may relate to the past, present, or future.
What defines the voyage insured in a marine insurance policy?
It conforms to the course of sailing fixed by mercantile usage between the specified places.
What is the liability of an insurer regarding proximate causes of loss?
An insurer is liable for a loss if a peril insured against was the proximate cause, even if a non-contemplated peril was a remote cause.
When is a deviation considered proper?
When caused by uncontrollable circumstances, necessary to comply with a warranty, made in good faith to avoid peril, or to save human life.
When must an interest in property exist for an insurance contract to be enforceable?
It must exist when the insurance takes effect and when the loss occurs.
What constitutes double insurance?
When the same person is insured by several insurers for the same subject and interest.
Is a stipulation for payment of loss without interest in the property insured valid?
No, it is void.
What is defined as a neglect to communicate important information in insurance?
Concealment.
Under what conditions is a person insured entitled to a return of premium?
If no part of the insured interest is exposed to perils or if the policy is surrendered for unexpired time.
What entitles the insurer to rescind the contract?
An intentional and fraudulent omission to communicate information proving the falsity of a warranty.
What is the insurable interest of a charterer in a ship?
To the extent that he is liable to be damnified by its loss.
When is a delay in presenting notice or proof of loss waived?
If caused by any act of the insurer or if he omits to take objection promptly.
What does Section 47 state about modifications of insurance contracts?
The provisions apply as well to a modification of a contract of insurance as to its original formation.
What must a person insured do if they have no personal knowledge of a fact?
They may repeat information they believe to be true or submit the information to the insurer, without being responsible for its truth.
When must a ship be seaworthy according to the implied warranty?
At the commencement of the risk, and for specified lengths of time, at the commencement of every voyage.
What does freightage signify in marine insurance?
All benefits derived by the owner from chartering the ship or its employment for carriage.
What does a statement in a policy that affects the risk imply?
It is a warranty that the specified act or omission will take place.
What does 'doing an insurance business' include according to the Insurance Code?
Making insurance contracts, surety contracts, and reinsurance business.
What happens to the rights in an insurance policy upon the death of the original owner?
All rights, title, and interest automatically vest in the insured person unless otherwise provided in the policy.
What does Section 4 state about insurance related to lotteries?
It does not authorize insurance for or against the drawing of any lottery or chance in a lottery.
What types of risks are included in Marine Insurance?
Risks include navigation, transit, transportation, war risks, and marine builder’s risks.
What is excluded from Marine Insurance?
Life insurance, surety bonds, and insurance against bodily injury from automobile use.
What types of interests can constitute an insurable interest in property?
An existing interest, an inchoate interest founded on an existing interest, or an expectancy coupled with an existing interest.
What happens if a loss occurs before the performance of a warranty relating to the future?
The omission to fulfill the warranty does not avoid the policy.
What types of property are covered under Marine Insurance?
Precious stones, metals, bridges, tunnels, and aids to navigation are included.
What is the effect of a change of interest in one of several distinct things insured by one policy?
It does not avoid the insurance as to the others.
What is implied in every marine insurance upon a ship?
A warranty that the ship is seaworthy.
What is a contract of reinsurance?
An agreement where an insurer procures a third person to insure him against loss.
What must an insurer communicate when obtaining reinsurance?
All representations of the original insured and all material knowledge about the risk.
What is the significance of countersigning a rider, clause, warranty, or endorsement?
It is taken as the insured's agreement to the contents of such documents.
What is presumed knowledge for a person insured by marine insurance?
Knowledge of a prior loss if the information could have reached him in the usual mode of transmission.
What determines materiality in an insurance contract?
Materiality is determined by the probable and reasonable influence of facts on the party receiving the communication.
What happens to the beneficiary's interest if they cause the death of the insured?
The beneficiary's interest is forfeited and the share passes to other beneficiaries or to the estate if there are none.
What happens if a peril is especially excepted in a contract of insurance?
A loss caused by such excepted peril is not covered, even if the immediate cause was a peril not excepted.
What is the requirement for preliminary proof of loss according to the policy?
The insured must provide the best evidence available at the time, not necessarily what would be required in court.
What rights does the insured have regarding changing the beneficiary?
The insured can change the beneficiary unless they have expressly waived this right in the policy.
What is required for a policy or contract of insurance to be valid and binding?
The premium must be paid, except in specific cases like life insurance with grace periods.
What does a warranty of seaworthiness require beyond the ship's structure?
Proper loading, a competent master, sufficient officers and seamen, and necessary equipment for the voyage.
What happens if a peril insured against has existed and the insurer has been liable?
The insured is not entitled to a return of premiums for that particular risk.
Who can approve the extension of a cover note beyond sixty days?
The Commissioner.
What is a running policy?
A policy that contemplates successive insurances and allows the object of the policy to be defined by additional statements or endorsements.
What is required for an insurer to be exonerated in case of fire loss?
Written notice of the loss must be given without unnecessary delay.
What must be included in the notice of cancellation sent to the insured?
The grounds for cancellation and a statement that the insurer will furnish facts upon written request.
What can an insured do if they are over insured by double insurance?
Claim payment from insurers in any order up to the amount they are liable for.
What is the status of a mortgagor when they effect insurance in their own name?
The insurance is deemed to be upon the interest of the mortgagor, who remains a party to the original contract.
What happens after a life insurance policy has been in force for two years?
The insurer cannot prove that the policy is void ab initio or rescindable due to fraudulent concealment or misrepresentation.
What must every express warranty made before executing a policy contain?
It must be contained in the policy itself or in another signed instrument referred to in the policy.
What is required for riders, clauses, warranties, or endorsements to be binding on the insured?
Their descriptive title or name must be mentioned and written on the blank spaces provided in the policy.
What is implied when the nationality or neutrality of a ship or cargo is warranted?
The ship will carry the requisite documents to show nationality or neutrality and not carry documents that cast suspicion.
What does the term 'Commissioner' refer to in the Insurance Code?
The Insurance Commissioner.
What happens to the insurance if there is a change of interest in the insured item without a corresponding change in the insurance?
It suspends the insurance to an equivalent extent.
What happens if a representation by a person insured is intentionally false in a marine insurance contract?
The insurer may rescind the entire contract.
Can a representation qualify an express provision in an insurance contract?
No, it cannot qualify an express provision but may qualify an implied warranty.
What is an actual total loss?
Caused by total destruction, irretrievable loss, or damage rendering the item valueless to the owner.
How can government employees pay their insurance premiums?
Through salary deduction, authorized by their employer.
What is the written instrument in which a contract of insurance is set forth called?
A policy of insurance.
What happens if a ship becomes unseaworthy during the voyage?
An unreasonable delay in repairing the defect exonerates the insurer from liability for any loss arising from it.
When does insurable interest exist in the case of a charter party?
When the ship has broken ground on the chartered voyage.
What does a concealment in marine insurance not vitiate?
The entire contract; it only exonerates the insurer from a loss resulting from the concealed risk.
What is a contract of suretyship considered under the Insurance Code?
It is deemed an insurance contract if made by a surety doing an insurance business.
What types of events can be insured against according to Section 3?
Any contingent or unknown event that may damnify a person with an insurable interest or create a liability against them.
What is the effect of breaching an immaterial provision of a policy?
It does not avoid the policy.
Who may be insured according to Section 7?
Anyone except a public enemy.
When is a ship considered seaworthy?
When it is reasonably fit to perform the service and encounter ordinary perils of the voyage.
What must a policy of insurance specify according to Section 51?
The parties, amount to be insured, premium, property or life insured, interest of the insured, risks insured against, and the period of insurance.
How long after the issuance of a cover note must a policy be issued?
Within sixty (60) days.
What must insurance proceeds be applied to?
The proper interest of the person in whose name or for whose benefit it is made.
What is considered material information in marine insurance?
The belief or expectation of a third person regarding a material fact.
Under what condition can an insurance policy be canceled by the insurer?
Upon prior notice to the insured and based on specific occurrences like nonpayment of premium.
What is the significance of Presidential Decree No. 612?
It is known as 'The Insurance Code' and outlines the regulations for insurance in the Philippines.
Is there a specific form of words required to create a warranty?
No particular form of words is necessary to create a warranty.
What must each party to a contract of insurance communicate to the other?
All facts within their knowledge that are material to the contract.
Can a ship be seaworthy for insurance on the ship but unseaworthy for cargo insurance?
Yes, a ship may be unfit to receive cargo even if seaworthy for the ship insurance.
What must each party communicate in marine insurance?
All information material to the risk, except what is mentioned in Section 30.
What is required for an insurance policy to apply to the interest of co-partners?
The terms of the policy must be applicable to the joint or common interest.
What can a concealment, whether intentional or unintentional, entitle the injured party to do?
Rescind a contract of insurance.
What constitutes an express warranty in an insurance policy?
A statement relating to the person or thing insured or to the risk, presented as a fact.
What matters are parties not bound to communicate in a contract of insurance?
Matters the other party knows, ought to know, or waives communication about.
What is an open policy?
A policy where the value of the thing insured is not agreed upon, representing the insurer’s maximum liability.
What is defined as a contract of insurance in the Insurance Code?
An agreement to indemnify another against loss, damage, or liability from an unknown or contingent event.
When does the owner of a ship have an insurable interest in expected freightage?
When he would have earned it but for the intervention of a peril insured against.
Can a policy of insurance be in electronic form?
Yes, subject to the provisions of the Electronic Commerce Act and regulations prescribed by the Commissioner.
What is the consequence of a condition limiting the time for commencing an action to less than one year?
It is void.
Is the consent of a spouse necessary for an insurance policy taken out by a married person?
No, it is not necessary for the validity of the policy.
What is the purpose of Republic Act No. 10607?
To strengthen the insurance industry and amend the Insurance Code.