1. **Is the husband allowed to insure the life of his wife without her consent?
**
- No, the husband cannot insure the life of his wife without her consent. Under
the Philippine Insurance Code, consent is necessary to establish the insurable
interest in the life of another person.
2. **Can the conjugal fund be used for payment of premium?**
- No, the conjugal fund cannot be used for payment of premiums unless both
spouses give their consent. This is because insurance is a personal contract, and
the use of conjugal funds requires mutual agreement.
3. **If the president assures that any policemen who died for war against drugs,
his family would be indemnified, is that an insurance contract?**
- No, this is not an insurance contract but rather a **promise of gratuity**. It
lacks the essential elements of an insurance contract, such as premium payment and
insurable interest.
4. **The premium that will be paid by the insured to the insurer, the payment of
the premium is condoned. Is condonation allowed in insurance?**
- No, condonation of premiums is not allowed because premium payment is a
critical element of an insurance contract. Without it, the insurance cannot take
effect.
5. **If a man married a woman, his property he brings into marriage is capital, and
that of the wife is paraphernal. Is the husband allowed to use the fund without the
consent of the wife?**
- No, the husband cannot use the paraphernal property of the wife without her
consent, as stated under the Family Code of the Philippines.
6. **Is a business partner allowed to insure the life of his business partner
without the latter’s consent?**
- No, a business partner cannot insure the life of another partner without their
consent, even if there is an insurable interest. Consent is essential for life
insurance.
7. **If two cargo ships passed each other and collided due to a foggy atmosphere,
with casualties covered by marine insurance, is the doctrine of "non-inscrutable
clause" applicable?**
- Yes, the doctrine of "non-inscrutable clause" applies when the cause of the
collision is uncertain, and marine insurance generally covers the "perils of the
sea."
8. **What diligence is used in an accident?**
- The standard diligence required is **extraordinary diligence**, especially for
common carriers under Philippine law.
9. **In this case, is the principle of subrogation applicable?**
- Yes, subrogation is applicable. After paying the insured, the insurer can step
into their shoes and recover from the party at fault.
10. **A Meranao businessman rides a cargo vessel, ensuring the food is halal. If
the gas in the cargo vessel exploded, is the cause a peril of the ship?**
- Yes, the explosion of gas in the cargo vessel is considered a peril of the
ship if it arises from the inherent risks of sea travel.
11. **Is the old man responsible for it?**
- Responsibility depends on whether negligence can be proven. If the explosion
was due to lack of maintenance or oversight, then liability may attach.
12. **What is the insurance policy for malls and department stores called?**
- This is typically called a **fire and property insurance policy**, covering
damages or loss due to fire and other specified perils.
13. **The goods in the mall are being kept in a non-flammable place. What is it
called?**
- It is referred to as **risk mitigation** or a **precautionary measure** to
reduce the likelihood of fire damage.
14. **What is a running policy?**
- A **running policy** is a type of insurance that provides continuous coverage
for a fluctuating amount, such as goods in transit or inventory.
15. **If the Gaisano mall got into an accident, is the mall liable?**
- The mall may be liable if negligence or failure to ensure safety caused the
accident.
16. **Is the owner liable? And should it not be covered by insurance?**
- The owner can be held liable for damages caused by negligence, but liability
insurance can cover third-party claims.
17. **If the beneficiary of the insurance died first before the insured, what is
the rule?**
- If the beneficiary predeceases the insured, the proceeds go to the contingent
beneficiary, or if none is designated, to the insured's estate.
18. **Is it suspended, or does it remain a good policy?**
- The policy remains valid, but the designation of the beneficiary must be
updated to avoid complications.
19. **What is that policy that is good for 20 years with a designated beneficiary,
where you receive double if nothing happens after 20 years?**
- This is called an **endowment insurance policy**.
20. **If at 17 years, he consistently paid for the premiums, not reaching the 20
years, will he receive payment?**
- No, the insured will not receive the full benefit if the maturity period (20
years) is not reached, but they may receive a surrender value depending on the
policy.
21. **Provisions on the effect of non-payment of premiums.**
- Non-payment of premiums generally results in the suspension or termination of
the policy, as per **Section 77 of the Insurance Code**.
22. **Can premiums be donated?**
- Yes, premiums can be donated if the donor has an insurable interest and meets
legal requirements for a valid donation.
23. **Are the insured's heirs entitled to the proceeds of the insurance?**
- Yes, the heirs may be entitled to the proceeds if they are the designated
beneficiaries or if no beneficiary is named.
24. **One of the parties in this contract is a minor.**
- If a minor is a party, the contract is voidable unless the minor is
emancipated or has reached the age of majority.
25. **What perfects the contract of insurance?**
- An insurance contract is perfected by the **meeting of the minds**, payment
of the premium, and delivery of the policy.
26. **If there is a meeting of the minds but no policy is created, is it valid?**
- No, the contract is not valid until a policy is issued, unless a temporary
binder is provided.
27. **If it is obtained at the time of minority, is it valid?**
- No, the contract is voidable unless the minor is legally qualified to
contract.
28. **Is birthdate an issue in insurance?**
- Yes, incorrect birthdates can affect premium computation and validity,
particularly for life and health insurance policies.
29. **Incontestability.**
- After two years, an insurer can no longer contest a life insurance policy
except for non-payment of premiums or fraud, as per **Section 48 of the Insurance
Code**.