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Equitable Ins. & Casualty Co. vs. Rural Insurance

Equitable Ins. & Casualty Co. vs. Rural Insurance

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Published by Man2x Salomon
These are some important case digests on Law on Insurance
These are some important case digests on Law on Insurance

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Categories:Types, Business/Law
Published by: Man2x Salomon on Jun 27, 2013
Copyright:Attribution Non-commercial

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07/12/2014

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Digested by: Kristine OjaSubject: InsuranceTitle: Equitable Ins. & Casualty Co. v. Rural InsuranceTopic: Reinsurance (Sections 95-98)Facts:On November 11, 1957, plaintiff(Equitable) and defendant (Rural Insurance) entered intoa reciprocal facultative reinsurance agreement. Pursuant to said agreement, plaintiff reinsuredfor P2,000.00 with defendant the stock covered by fire insurance Policy No. 5880 and also for P2,000.00 the stock covered by fire insurance Policy No. 6026.Stocks covered by Insurance Policy Nos. 5880 and 6026 were subsequently burned andthe share of the loss assumed by defendant as per reinsurance agreement was computed atP2,024.87 and P1,334.80 respectively.Notwithstanding repeated demands, defendant refused and failed to pay plaintiff, andthat for defendant's failure to pay its share of the losses assumed by it, plaintiff has beencompelled to institute an action in court.The defendant moved for the dismissal of the case contending that the complaint statesno cause of action, the matter not having been referred to the decision of two arbitrators or umpire, which, it is claimed, is the condition precedent agreed upon in Article VIII of theReinsurance Agreement entered into between the parties, to wit: .
 ARTICLE VIIIIn the event of any question arising as to the meaning of, or any way connected with or relating to this Agreement, whether before or after its termination, the parties shall endeavor to arrive at a satisfactory compromise by amicable settlement rather than by court action.The dispute shall be referred to the decision of two arbitrators, of whom one shall beappointed in writing by each of the parties within thirty (30) days after having been requiredso to do by the other party in writing, and in case of disagreement between the arbitrators, tothe decision of the umpire to be appointed by them in writing before entering on thereference. Each party shall submit its case with all particulars within thirty days after their appointment. The seat of arbitration shall be in Manila, Philippines, and the expenses of arbitration shall be borne in equal proportion by the parties. The decision of the arbitrators or umpire, as the case may be, shall be final and binding on both the Company and theReinsurer. The arbitrators and umpire shall not be bound by the strict rules of evidence andby judicial formalities in making the award.
The court rendered its decision in favor of plaintiff, hence this appeal.Issue:1.WON the trial court erred in failing to rule that plaintiff-appellee has no causes of actionagainst it, the matter not having been referred to the decision of two arbitrators or umpire, which, it is claimed, is the condition precedent agreed upon in Article VIII of theReinsurance Agreement

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