Explains how fraud inheres in concealment the last

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explains how fraud inheres in concealment. The last sentence in this first quoted paragraph merely reproduces the first paragraph that Argente lifted from Joyce. The second quoted paragraph cites Ng Gan Zee 77 and confounds concealment with misrepresentation. The first sentence of the quoted paragraph from Philamcare cites Great Pacific Life and Ng Gan Zee . 78 At this juncture, a contagion of Ng Gan Zee 's error can be observed. caITAC More than misreading Argente and Joyce, Ng Gan Zee , Great Pacific Life , and Philamcare contradict Section 27's plain text. The statute's clear and unmistakable text must prevail. For purposes of rescission, Section 27 of the Insurance Code unequivocally negates any distinction between intentional and unintentional concealments. Pronouncements in jurisprudence cannot undermine this explicit legislative intent. I.C While Insular Life correctly reads Section 27 as making no distinction between intentional and unintentional concealment, it erroneously pleads Section 27 as the proper statutory anchor of this case. The Insurance Code distinguishes representations from concealments. Chapter 1, Title 4 is on concealments. It spans Sections 26 to 35 of the Insurance Code ; 79 it is where Section 27 is found. Chapter 1, Title 5 is on representations. It spans Sections 36 to 48 of the Insurance Code . 80 Section 26 defines concealment as "[a] neglect to communicate that which a party knows and ought to communicate." However, Alvarez did not withhold information on or neglect to state his age. He made an actual declaration and assertion about it.
What this case involves, instead, is an allegedly false representation. Section 44 of the Insurance Code states, "A representation is to be deemed false when the facts fail to correspond with its assertions or stipulations." If indeed Alvarez misdeclared his age such that his assertion fails to correspond with his factual age, he made a false representation, not a concealment. At no point does Chapter 1, Title 5 of the Insurance Code replicate Section 27's language negating the distinction between intentional and unintentional concealment. Section 45 is Chapter 1, Title 5's counterpart provision to Section 27, and concerns rescission due to false representations. It reads: Section 45. If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time when the representation becomes false. Not being similarly qualified as rescission under Section 27, rescission under Section 45 remains subject to the basic precept of fraud having to be proven by clear and convincing evidence. In this respect, Ng Gan Zee 's and similar cases' pronouncements on the need for proof of fraudulent intent in cases of misrepresentation are logically sound, albeit the specific reference to Argente as ultimate authority is misplaced. Thus, while Great Pacific Life confounded concealment with misrepresentation by its citation of Ng Gan Zee , it nevertheless acceptably stated that: ICHDca

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