Case Digest: Tan vs. CA (174 SCRA 403)
Insurance Law | Incontestability Clause (Section 48) This is a petition for review on certiorari assailing the decision of the Court of Appeals which affirmed the ruling of the Insurance Commissioner dismissing the beneficiaries’ complaint for recovery of life insurance proceeds. On September 23, 1973 , Tan Lee Siong applied for a life insurance policy in the amount of ₱80,000.00 with Philippine American Life Insurance Company . The application was approved and Policy No. 1082467 was issued on November 6, 1973, naming his children (the petitioners) as beneficiaries. On April 26, 1975 , Tan Lee Siong died of hepatoma. The beneficiaries filed a claim for the proceeds of the life insurance policy. On September 11, 1975, the insurer denied the claim and rescinded the policy on the ground of material misrepresentation and concealment i n the insurance application. The insurer refunded all premiums paid under the policy. On November 27, 1975, the beneficiaries filed a complaint with...