Professional Documents
Culture Documents
FACTS
- Lianga Bay is a duly registered cooperative
judicially declared insolvent and is here
represented by, Cornelio Jamero. Country
Bankers Insurance and Lianga Bay entered
into a contract of fire insurance. Country
Bankers insured the respondents stocks-intrade against fire loss, damage or liability
during the period starting from June 20,
1989 at 4:00 p.m. to June 20, 1990 at 4:00
p.m., for the sum of P200,000.00.
- On July 1, 1989, at or about 12:40 a.m.,
the respondents building at Barangay
Diatagon, Lianga, Surigao del Sur was
gutted by fire, resulting in the total loss of
the respondents stocks-in-trade, pieces of
furnitures and fixtures, equipments and
records.
- Due to the loss, the respondent filed an
insurance claim with the petitioner under its
Fire Insurance Policy, submitting: (a) the
Spot Report of Pfc. Arturo V. Juarbal, INP
Investigator, dated July 1, 1989; (b) the
Sworn Statement of Jose Lomocso; and (c)
the Sworn Statement of Ernesto Urbiztondo.
- The petitioner, however, denied the
insurance claim on the ground that, based
on the submitted documents, the building
was set on fire by 2 NPA rebels who wanted
to obtain canned goods, rice and medicines
as provisions for their comrades in the
forest, and that such loss was an excepted
risk under paragraph No. 6 of the policy
conditions of Fire Insurance Policy No. F1397, which provides:
This insurance does not cover any loss or
Corporation
V.
CA
Lessons
Applicable:
Loss
caused
negligence of the insured (Insurance)
by
FACTS:
CA affirmed
ISSUE: W/N FGU should be exempted from
liability to ANCO for the lost cargoes
because of a fortuitous event and
negligence of ANCO
HELD: YES. Affirmed with modification.
Third-party complainant is dismissed.
Art. 1733.
Common carriers, from the
nature of their business and for reasons of
public policy are bound to observe
FACTS
ISSUES
NATURE
HELD
1. YES, Felix Lims death was an
accident.
Ratio There is no accident when a
deliberate act is performed unless
some
additional,
unexpected,
independent
and
unforeseen
happening occurs which produces or
brings bout their injury or death.
Reasoning- An accident has been
defined to be that which happens by
chance
or
fortuitously
without
intention or design and which is
unexpected, unusual and unforeseen.
It an event that takes pace without
ones foresight or expectastion an
event that proceeds from an unknown
EXPORT
(WORKMENS
INSURANCE
CO)112
SCRA
CASTRO; February 25, 1982
199DE
FACTS
- March 19, 1963 - the plaintiff secured
temporary insurance from the defendant for
its exportation of 1,250,000 board feet of
Philippine Lauan and Apitong logs to be
shipped from the Diapitan Bay, Quezon to
Okinawa and Tokyo, Japan. The defendant
issued on said date Cover Note No. 1010,
insuring the said cargo of the plaintiff
"Subject to the Terms and Conditions of the
WORKMEN'S INSURANCE COMPANY, INC.
printed Marine Policy form as filed with and
approved by the Office of the Insurance
Commissioner.
- April 2, 1963 - The two (2) regular marine
cargo policies were issued by the defendant
in favor of the plaintiff. The total cargo
insured under the two marine policies
accordingly consisted of 1,395 logs, or the
equivalent of 1,195,498 bd. ft.
- After the issuance of cover note but before
the issuance of the two marine policies
some of the logs intended to be exported
were lost during loading operations in the
Diapitan Bay due to bad weather.
- April 4, 1963 - The plaintiff informed the
defendant about the loss of 'approximately
32 pieces of logs' during loading through a
letter.- The plaintiff subsequently submitted
a 'Claim Statement' demanding payment of
the loss under the second marine cargo
policy.
- July 17, 1963 - the defendant requested
the First Philippine Adjustment Corporation
to inspect the loss and assess the damage.August 23, 1963 - the adjuster reported
that 'the loss of 30 pieces of logs is not
covered by the two policies inasmuch as
said policies covered the actual number of
logs loaded on board. But it is covered by
Cover Note.
- On January 13, 1964 - the defendant
wrote the plaintiff denying the latter's claim,
on the ground that defendant's investigation
revealed that the entire shipment of logs
FACTS
- On June 7, 1981, Malayan Insurance Co.
(MICO), issued fire insurance for the
amount of P14,000 on the property of
private respondent, Pinca, effective July
1981-1982. MICO later allegedly cancelled
the policy for non-payment of the premium
and sent a notice to Pinca. On Dec. 24
Adora, an agent of MICO, received Pincas
payment, which was remitted to MICO. On
Jan. 18, 1982, Pincas property was
completely burned. On Feb. 5, MICO
returned Pincas payment to Adora on the
ground that her policy had been cancelled;
the latter refused to accept it. Her demand
for payment having been rejected by MICO,
Pinca went to the Insurance Commission.
Public respondent Arnaldo, the Insurance
Commissioner, sustained Pinca, hence this
petition from MICO. Records show MICO
received Arnaldos decision on April 10;
MICO filed a MFR on April 25 which was
denied on June 4; MICO received notice of
this denial on June 14; instant petition was
filed on July 2.
ISSUES
Procedural
1. WON the petition should be dismissed for
late filingSubstantive2. WON there was a
valid insurance contract at the time of the
loss
3. WON Adora was authorized to receive
such payment4. WON an adjuster is
indispensable in the valuation of the loss
HELD
Procedural
1. YES- Petitioner invokes Sec 416 of the
Insurance Code which grants it 30 days
from notice of the Insurance Commission
within which to appeal by certiorari with the
Court. MICO filed its MFR on April 25, 15
days after the notice; the reglementary
period began to run again after June 13.
Since the petition was filed only on July 2, it
was tardy by 4 days. Alternatively it invokes
Rule 45 of the Rules of Court for certiorari