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Question
(a)Identify the controlling doctrine governing rescission of insurance contracts under PD 612 as amended by RA 10607 and state its essential elements. (b)DynaTrans Logistics, Inc. obtained a PHP 9,000,000 inland transit policy covering its fleet of 40 trucks. In the application, DynaTrans stated that all trucks are equipped with GPS tracking and engine immobilizers and that there had been no prior losses. In truth, 10 trucks lacked GPS tracking and 6 lacked immobilizers; there was a prior theft loss of PHP 1,100,000 last year which was not disclosed. A loss occurred two months after policy issue, totaling PHP 2,200,000. The insurer seeks rescission on grounds of misrepresentation and concealment; DynaTrans contends the misstatements were immaterial and the policy remains in force. (c)Apply the doctrine to these facts: is rescission proper? what must the insurer prove, and what is the effect on the claim and on premiums already paid? If rescission is improper, what other remedies may the insurer pursue and what are the consequences for DynaTrans and the beneficiary?