What is misrepresentation?
It is an affirmative defense. To avoid liability, the insurer has the duty to establish such a defense by satisfactory and convincing evidence. (Ng Gan Zee v. Asian Crusader Life Assn. Corp., G.R. No. L-30685, May 30, 1983)
Note: In the absence of evidence that the insured has sufficient medical knowledge to enable him to do distinguish between “peptic ulcer” and “tumor”, the statement of deceased that said tumor was “associated with ulcer of the stomach” should be considered an expression in good faith. Fraudulent intent of insured must be established to entitle insurer to rescind the insurance contract. Misrepresentation, as a defense of insurer, is an affirmative defense which must be proved. (Ng Gan Zee v. Asian Crusader Life Assn. Corp., G.R. No. L-30685, May 30, 1983).