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    Saturnino v. Phil. American Life

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    Nico Hilario
    The plaintiff filed a case to recover the face value of an insurance policy issued on the life of Estefania A. Saturnino. Saturnino had concealed the fact that she had undergone cancer surgery two months prior to obtaining the policy. The insurer rejected the claim upon Saturnino's death. The court ruled that the concealed medical information was material to the insurance agreement. Under Philippine law, an insurer can rescind a policy due to concealment whether intentional or unintentional, as Saturnino failed to disclose medical information that was required and relevant to the insurer's assessment of risk.

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    Saturnino v. Phil. American Life

    Uploaded by

    Nico Hilario
    23 views2 pages
    The plaintiff filed a case to recover the face value of an insurance policy issued on the life of Estefania A. Saturnino. Saturnino had concealed the fact that she had undergone cancer surgery two months prior to obtaining the policy. The insurer rejected the claim upon Saturnino's death. The court ruled that the concealed medical information was material to the insurance agreement. Under Philippine law, an insurer can rescind a policy due to concealment whether intentional or unintentional, as Saturnino failed to disclose medical information that was required and relevant to the insurer's assessment of risk.

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    The plaintiff filed a case to recover the face value of an insurance policy issued on the life of Estefania A. Saturnino. Saturnino had concealed the fact that she had undergone cancer surgery two months prior to obtaining the policy. The insurer rejected the claim upon Saturnino's death. The court ruled that the concealed medical information was material to the insurance agreement. Under Philippine law, an insurer can rescind a policy due to concealment whether intentional or unintentional, as Saturnino failed to disclose medical information that was required and relevant to the insurer's assessment of risk.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23 views2 pages

    Saturnino v. Phil. American Life

    Uploaded by

    Nico Hilario
    The plaintiff filed a case to recover the face value of an insurance policy issued on the life of Estefania A. Saturnino. Saturnino had concealed the fact that she had undergone cancer surgery two months prior to obtaining the policy. The insurer rejected the claim upon Saturnino's death. The court ruled that the concealed medical information was material to the insurance agreement. Under Philippine law, an insurer can rescind a policy due to concealment whether intentional or unintentional, as Saturnino failed to disclose medical information that was required and relevant to the insurer's assessment of risk.

    Copyright:

    © All Rights Reserved
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    of 2

    IGNACIO SATURNINO, vs.

    THE PHILIPPINE AMERICAN LIFE INSURANCE COMPANY

    G.R. No. L-16163,February 28, 1963, J. MAKALINTAL,

    In the first place the concealment of the fact of the operation itself was fraudulent, as there could not have been
    any mistake about it, no matter what the ailment. Secondly, in order to avoid a policy it is not necessary to show
    actual fraud on the part of the insured. In this jurisdiction a concealment, whether intentional or unintentional,
    entitles the insurer to rescind the contract of insurance, concealment being defined as "negligence to
    communicate that which a party knows and ought to communicate" (Sections 24 & 26, Act No. 2427).

    Facts:

    Plaintiffs, filed an action in CFI Manila to recover the sum of P5,000.00, corresponding to the face value of an
    insurance policy issued on the life of Estefania A. Saturnino, The policy sued upon is one for 20-year
    endowment non-medical insurance. This kind of policy dispenses with the medical examination of the
    applicant usually required in ordinary life policies.. The written application in this case was submitted by
    Saturnino to appellee . Saturnino died of pneumonia, secondary to influenza. Appellants heredemanded
    payment of the face value of the policy. The claim was rejected and this suit was subsequently instituted.

    Two months prior to the issuance of the policy Saturnino was operated on for cancer. After which she was
    discharged, although according to the surgeon who operated on her she could not be considered definitely
    cured, her ailment being of the malignant type. Notwithstanding the fact of her operation Estefania A.
    Saturnino did not make a disclosure thereof in her application for insurance. On the contrary, she stated
    therein that she did not have, nor had she ever had, among other ailments listed in the application, cancer or
    other tumors; that she had not consulted any physician, undergone any operation or suffered any injury
    within the preceding five years; and that she had never been treated for nor did she ever have any illness or
    disease peculiar to her sex, particularly of the breast, ovaries, uterus, and menstrual disorders. The
    application also recites that the foregoing declarations constituted "a further basis for the issuance of the
    policy."

    Issue: Whether or not the facts then falsely represented is material in the claim.

    Ruling:

    Yes Section 30 of the Insurance Law provides that "materiality is to be determined not by the event, but solely
    by the probable and reasonable influence of the facts upon the party to whom the communication is due, in
    forming his estimate of the proposed contract, or in making his inquiries. The waiver of medical examination
    renders even more material the information required of the applicant concerning previous condition of
    health and diseases suffered, for such information necessarily constitutes an important factor which the
    insurer takes into consideration in deciding whether to issue the policy or not. It is logical to assume that if
    appellee had been properly apprised of the insured's medical history she would at least have been made to
    undergo medical examination in order to determine her insurability.

    Appellants also contend there was no fraudulent concealment of the truth inasmuch as the insured herself did
    not know, since her doctor never told her, that the disease for which she had been operated on was cancer. In
    the first place the concealment of the fact of the operation itself was fraudulent, as there could not have been
    any mistake about it, no matter what the ailment. Secondly, in order to avoid a policy it is not necessary to
    show actual fraud on the part of the insured. In this jurisdiction a concealment, whether intentional or
    unintentional, entitles the insurer to rescind the contract of insurance, concealment being defined as
    "negligence to communicate that which a party knows and ought to communicate" (Sections 24 & 26, Act No.
    2427).

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