Law Summary
Contract of Insurance: Scope and Parties
- Any contingent or unknown event causing damage to a person with insurable interest may be insured.
- Spouse's consent is not required for insurance on life or health of a married person or children.
- Rights in life or health policies automatically vest in person insured upon original owner's death unless otherwise specified.
- Insurance on lotteries or chance tickets is prohibited.
- Corporations, partnerships, and associations authorized by law may be insurers.
- Anyone except a public enemy may be insured.
Insurable Interest
- Insurable interest includes life and health of oneself, spouse, children, persons dependent for support, or persons under legal obligation.
- Insured has the right to change the beneficiary unless waived.
- Beneficiary's interest is forfeited if beneficiary willfully causes the insured's death.
- Property interest insurable includes existing, inchoate, and expectant interests.
- Mere contingent or expectant interests unconnected with a valid right or contract are not insurable.
- Insurable interest must exist when insurance becomes effective; for property, also at loss occurrence; for life or health, not necessarily at loss.
- Insurance contracts without insurable interest in property are void.
Concealment and Representation
- Concealment is neglecting to disclose material facts; it entitles rescission.
- Both parties must disclose material facts known to them unless exempted.
- False representations on material facts entitle the other party to rescind.
- Representation interpretation follows general contract rules.
Insurance Policy Requirements
- Policy must be in printed form with specified blanks and endorsements properly noted.
- Policies can be issued electronically under the Electronic Commerce Act standards.
- Policy must specify parties, insured amount, premium, property or life insured, interest, risks insured against, and insurance period.
- Cover notes can bind insurance temporarily; policies must replace within 60 days unless extended by Commissioner.
- Policies cannot contain clauses limiting actions to under one year.
- Non-life insurance policies cannot be cancelled except for specific grounds with prior written notice.
Types of Insurance and Coverage
- Marine insurance covers vessels, goods, freight, marine liabilities, and risks of navigation and transit.
- Fire insurance covers fire and allied risks.
- Casualty insurance covers losses or liability from accidents excluding fire or marine types.
- Life insurance covers human lives and related annuities.
- Microinsurance targets protection of the poor with capped premiums and benefits.
Organization and Licensure of Insurance Companies
- Includes partnerships, cooperatives, and corporations including government entities except mutual benefit associations.
- Companies require certificate of authority; issuance contingent on qualifications and fit and proper management.
- Minimum capital and net worth requirements set by Commissioner with phased increases specified.
- Foreign insurers must have power of attorney in the Philippines and comply with investment reserve requirements.
Solvency, Assets, and Investments
- Companies must maintain adequate solvency based on international standards.
- Admitted assets include cash, investments, secured loans, policy loans, reinsurance recoverables.
- Non-admitted assets include goodwill, prepaid charges, and furniture.
- Investments must be secured by real estate mortgages, government bonds, corporate bonds, equities with specified limits.
Reserves and Liability Limits
- Life insurers must annually value outstanding policies and hold reserves accordingly.
- Non-life insurers maintain reserves for unearned premiums.
- Limits on single risk retention not to exceed 20% of net worth.
Reinsurance
- Only authorized insurers can accept reinsurances within limits.
- Reinsurance to foreign unauthorized insurers allowed under conditions including resident agents.
- Ceding companies must notify the Commissioner of reinsurance treaties and changes.
Agents, Brokers, and Adjusters
- Licensing required for agents, brokers, and adjusters, including passing competency exams.
- Brokers must maintain bonds and professional liability insurance.
- Fiduciary responsibility for premiums collected by agents and brokers.
- Prohibitions against unlicensed solicitation and misrepresentations.
Claims Settlement
- Unfair claims practices prohibited.
- Life insurance proceeds payable within 60 days after death; other claims within 30/90 days depending on loss ascertainment.
- Interest awarded for delayed payments unless based on fraud.
- Fraudulent claims subject to fines and imprisonment.
Examination, Suspension, and Liquidation
- Commissioner to examine companies annually or as needed.
- Authority to suspend or revoke companies unable to maintain solvency or with hazardous operations.
- Conservators can be appointed to preserve and restore companies.
- Insolvency leads to receivership or liquidation following regulatory and judicial oversight.
Mutual Benefit Associations and Charitable Trusts
- Defined as non-stock associations for member benefit without capital stock.
- Licensing depends on compliance and presence of an actuary.
- Guaranty Fund required for benefit claim security.
- Subject to supervision, periodic audits, and financial reporting.
- Conversion to life insurance companies possible upon approval.
Miscellaneous Provisions
- Creation of Security Fund for claims against insolvent insurers, funded by contributions from insurers.
- Compulsory motor vehicle liability insurance with set indemnity limits, penalties for non-compliance.
- Self-regulatory organizations may be registered and regulated by the Commissioner with rules to ensure fairness and compliance.
- Commissioner appointed for 6-year term with powers to enforce laws, supervise industry, impose sanctions, adjudicate claims.
- Fees prescribed for licenses, certificates, renewals, and filings.
- Penal provisions for offenses not otherwise provided with fines and imprisonment.