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PD 612 (The Insurance Code) TITLE 4. — Concealment

Section 26–35 · 10 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Section 26

SEC. 26. A neglect to communicate that which a party-knows and ought to communicate, is called a concealment.

Section 27

SEC. 27. A concealment entitles the injured party to rescind a contract of insurance.

Section 28

SEC. 28. Each party to a contract of insurance must communicate to the other, in good faith, all facts within his knowledge which are material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining.

Section 29

SEC. 29. An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a warranty, entitles the insurer to rescind.

Section 30

SEC. 30. Neither party to a contract of insurance is bound to communicate information of the matters following, except in answer to the inquiries of the other: Those which the other knows; Those which, in the exercise of ordinary care, the other ought to know, and of which the former has no reason to suppose him ignorant; Those of which the other waives communication; Those which prove or tend to prove the existence of a risk excluded by a warranty, and which are not otherwise material; and These which relate to a risk excepted from the policy and which are not otherwise material.

Section 31

SEC. 31. Materiality is to be determined not by the event, In: solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in fuming his estimate of the disadvantages of the proposed contract, or in making his inquiries.

Section 32

SEC. 32. Each party to a contract of insurance is bound to know ail the general causes which are open to his inquiry, equally with that of the other, and which may affect the political or material perils contemplated; and all general usages of trade.

Section 33

SEC. 33. The right to information of material facts may be waived, either by the terms of insurance or by neglect to make inquiry as to such facts, where they are distinctly implied in other facts of which information is communicated.

Section 34

SEC. 34. Information of the nature or amount of the interest of one insured need not be communicated unless in answer to an inquiry, except as prescribed by section fifty-one.

Section 35

SEC. 35. Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his own judgment upon the matters in question.

Back to PD 612 (The Insurance Code) — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).