Professional Documents
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Why is an insurance policy - the basis of which are insurance applications and proposals signed
abroad - void?
Under Article 1409 of the Civil Code, one of the void and inexistent contracts is where it is
expressly prohibited or declared void by law. Insurance agents and companies here in the
Philippines are prohibited from selling insurance abroad because the license issued to them is
good only within the Philippines. Thus, it follows that there cannot be an insurance policy born
out from solicitations made by insurance agents and companies abroad.
2. Even if the years pass by, the company will NOT PAY the benefits.
Under Article 1410 of the Civil Code, the action or defense for the declaration of the inexistence
of a contract does not prescribe. This means that the insurance company can claim that the
contract is void at anytime, if indeed it is void. There is no time limit for the company to raise
that. The contract being void, the company can refuse to pay the benefits under the premise that
they have no obligation. Do note that in void contracts, the parties cannot be compelled to fulfill
their obligations because the very source of those duties are inexistent.
Something to remember: The rules on contestability period only applies to valid and voidable
insurance policies.
The Sun Life people told the client that it was a good thing he reported and that he had two
options:
1. If he wanted to keep his policy, he can request for a letter of acceptance from Sun Life which
will be heard and decided by a Committee.
2. If he wants nothing to do with his policy anymore, he can request for a cancellation of the
policy and refund of all the premiums he paid.
That being said, I encourage everyone to come forward and do what the client did. Do not let
your family suffer in the future."