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Question
ArsTech Solutions, Inc., a corporation that owns a warehouse in Cebu, holds a fire property policy issued by SecureGuard Insurance Co. A powerful earthquake damages the warehouse on March 7. ArsTech promptly notifies SecureGuard on March 9 and later files a sworn proof of loss on June 15. SecureGuard denies the claim on the ground that notice of loss and sworn proof of loss were not timely under PD 612, as amended by RA 10607. ArsTech contends that the delay was excusable due to the disaster and that SecureGuard had actual knowledge of the loss and commenced adjustment actions within days. (a)Identify the controlling rule on Notice and Proof of Loss under PD 612, as amended by RA 10607. (b)Apply that rule to the facts to determine whether SecureGuard is precluded from paying the claim. (c)Discuss whether any equitable defenses such as waiver or estoppel could apply and under what circumstances.