Commercial Law, 2016 Bar — Question IX-B

ESSAY

X insured his life for P20 million. X plays golf and regularly exercises everyday, hence is considered in good health. He did not know, however, that his frequent headache is really caused by his being hypertensive. In his application form for a life insurance for himself, he did not put a check to the question if he is suffering from hypertension, believing that because of his active lifestyle, being hypertensive is a remote possibility. While playing golf one day, X collapsed at the fairway and was declared dead on arrival at the hospital. His death certificate stated that X suffered a massive heart attack. If X died in an accident instead of a heart attack, would the fact of X's failure to disclose that he is hypertensive be considered as material information?

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