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  • NG Gan Zee V Asian Crusader

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    carpediem0513
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    Kwon Nam applied for life insurance and listed in his application that he had surgery to remove a stomach tumor associated with ulcers. After Kwon died of liver cancer, the insurance company refused to pay the beneficiary Ng Gan Zee, claiming false information in the application. It was found that Kwon actually had peptic ulcers and part of his stomach removed, not a tumor. The court held that the insurance contract could not be rescinded, as Kwon did not have sufficient medical knowledge to distinguish a tumor from ulcers and answered in good faith. The insurance company should have inquired further about Kwon's illness and surgery when reviewing the application, and their failure to do so waived their right to object to any

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    Ng Gan Zee v Asian Crusader

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    Kwon Nam applied for life insurance and listed in his application that he had surgery to remove a stomach tumor associated with ulcers. After Kwon died of liver cancer, the insurance company refused to pay the beneficiary Ng Gan Zee, claiming false information in the application. It was found that Kwon actually had peptic ulcers and part of his stomach removed, not a tumor. The court held that the insurance contract could not be rescinded, as Kwon did not have sufficient medical knowledge to distinguish a tumor from ulcers and answered in good faith. The insurance company should have inquired further about Kwon's illness and surgery when reviewing the application, and their failure to do so waived their right to object to any

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    15 views1 page

    NG Gan Zee V Asian Crusader

    Uploaded by

    carpediem0513
    Kwon Nam applied for life insurance and listed in his application that he had surgery to remove a stomach tumor associated with ulcers. After Kwon died of liver cancer, the insurance company refused to pay the beneficiary Ng Gan Zee, claiming false information in the application. It was found that Kwon actually had peptic ulcers and part of his stomach removed, not a tumor. The court held that the insurance contract could not be rescinded, as Kwon did not have sufficient medical knowledge to distinguish a tumor from ulcers and answered in good faith. The insurance company should have inquired further about Kwon's illness and surgery when reviewing the application, and their failure to do so waived their right to object to any

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
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    Ng Gan Zee v.

    Asian Crusader Life - Imperfection in the Application Form 122 SCRA 61 Facts: > In 1962, Kwon Nam applied for a 20yr endowment insurance on his life with his wife, Ng Gan Zee as the beneficiary. > He stated in his application that he was operated on for tumor of the stomach associated with ulcer. > In 1963, Kwong died of cancer of the liver with metastasis. Asian refused to pay on the ground of alse information. > It was found that prior to his application, Kwong was diagnosed to have peptic ulcers, and that during the operation what was removed from Kwongs body was actually a portion of the stomach and not tumor. Issue: Whether or not the contract may be rescinded on the ground of the imperfection in the application form. Held: NO. Kwong did not have sufficient knowledge as to distinguish between a tumor and a peptic ulcer. His statement therefore was made in good faith. Asian should have made an inquiry as to the illness and operation of Kwong when it appeared on the face of the application that a question appeared to be imperfectly answered. Asians failure to inquire constituted a waiver of the imperfection in the answer.

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