Soliman v. US Life - Endowment Life Policy

104 PHIL 1046

Facts:

>  US Life issued a 20yr endowment life policy on the joint lives of Patricio Soliman and his wife Rosario, each of them being the beneficiary of the other.

>  In March 1949, the spouses were informed that the premium for Jan 1949 was still unpaid notwithstanding that the 31-day grace period had already expired, and they were furnished at the same time long-form health certificates for the reinstatement of the policies.

>  In Aprl 1949, they submitted the health certificates and paid the premium due up to said month.

>  In Jan. 1950, Rosario died of acute dilatation of the heart, and thereafter Patricio filed a claim for the proceeds of the insurance.

>  US Life denied the claim and it filed a case for rescission on the ground that the health certificates failed to disclose that Rosario had been suffering from bronchial asthma for three years prior to the submission.

>  Patricio claims that the answers to the questions in the health certificates were made by US Life’s agent.

Issue:

Whether or not the policy can be rescinded.

Held:

YES.

The spouses in ing the agent to answer some of the blanks in the certificates and afterwards stamping their signature thereon are presumed to have at least acquiesced in and approved all that had bee stated therein in their behalf.