At age 18, Marian found out that she was pregnant. She insured her own life and named her unborn child as her sole beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father of her unborn child, were kidnapped in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby she delivered were both found dead, with the baby’s umbilical cord already cut. Pietro survived.
a) Can Marian’s baby be the beneficiary of the insurance taken on the life of the mother? (2%)
b) Between Marian and the baby, who is presumed to have died ahead? (1%) c) Will Pietro, as surviving biological father of the baby, be entitled to claim the proceeds of the life insurance on the life of Marian? (2%)
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