This action might not be possible to undo. Are you sure you want to continue?
February 6, 1995]
Facts: Armando Geagonia is the owner of Norman's Mart located in the public market of San Francisco, Agusan del Sur. On December 22, 1989, he obtained from Country Bankers Insurance Corporation fire insurance policy No. F-14622 2 for P100,000.00. The period of the policy was from December 22, 1989 to December 22, 1990 and covered the following: "Stock-in-trade consisting principally of dry goods such as RTW's for men and women wear and other usual to assured's business." Geagonia declared in the policy under the subheading entitled CO-INSURANCE that Mercantile Insurance Co., Inc. was the co-insurer for P50,000.00. From 1989 to 1990, Geagonia had in his inventory stocks amounting to P392,130.50, itemized as follows: Zenco Sales, Inc., P55,698.00; F. Legaspi Gen. Merchandise, 86,432.50; and Cebu Tesing Textiles, 250,000.00 (on credit); totalling P392,130.50. The policy contained the following condition, that "the insured shall give notice to the Company of any insurance or insurances already effected, or which may subsequently be effected, covering any of the property or properties consisting of stocks in trade, goods in process and/or inventories only hereby insured, and unless notice be given and the particulars of such insurance or insurances be stated therein or endorsed in this policy pursuant to Section 50 of the Insurance Code, by or on behalf of the Company before the occurrence of any loss or damage, all benefits under this policy shall be deemed forfeited, provided however, that this condition shall not apply when the total insurance or insurances in force at the time of the loss or damage is not more than P200,000.00." On May 27, 1990, fire of accidental origin broke out at around 7:30 p.m. at the public market of San Francisco, Agusan del Sur. Geagonia's insured stocks-in-trade were completely destroyed prompting him to file with Country Bankers a claim under the policy. On December 28, 1990, Country Bankers denied the claim because it found that at the time of the loss. Geagonia's stocks-in-trade were likewise covered by fire insurance policies GA-28146 and GA-28144, for P100,000.00 each, issued by the Cebu Branch of the Philippines First Insurance Co., Inc. (PFIC). These policies indicate that the insured was "Messrs. Discount Mart (Mr. Armando Geagonia, Prop.)" with a mortgage clause reading ""MORTGAGEE: Loss, if any, shall be payable to Messrs. Cebu Tesing Textiles, Cebu City as their interest may appear subject to the terms of this policy. CO-INSURANCE DECLARED: P100,000. ² Phils. First CEB/F-24758" The basis of Country Bankers' denial was Geagonia's alleged violation of Condition 3 of the policy. Geagonia then filed a complaint against Country Bankers with the Insurance Commission (Case 3340) for the recovery of P100,000.00 under fire insurance policy F-14622 and for attorney's fees and costs of litigation. He attached his letter of January 18, 1991 which asked for the reconsideration of the denial. He admitted in the said letter that at the time he obtained Country Bankers's fire insurance policy he knew that the two policies issued by the PFIC were already in existence; however, he had no knowledge of the provision in Country Bankers' policy requiring him to inform it of the prior policies; this requirement was not mentioned to him by Country Bankers' agent; and had it been so mentioned, he would not have withheld such information. He further asserted that the total of the amounts claimed under the three policies was below the actual value of his stocks at the time of loss, which was P1,000,000.00. In its decision of June 21, 1993, the Insurance Commission found that Geagonia did not violate Condition 3 as he had no knowledge of the existence of the two fire insurance policies obtained from the PFIC; that it was Cebu Tesing Textiles which procured the PFIC policies without informing him or securing his consent; and that Cebu Tesing Textile, as his creditor, had insurable interest on the stocks. These findings were based on Geagonia's testimony that he came to know of the PFIC policies only when he filed his claim with Country Bankers and that Cebu Tesing Textile obtained them and paid for their premiums without informing him thereof. The Insurance Commission ordered Country Bankers to pay Geagonia the sum of P100,000.00 with legal interest from the time the complaint was filed until fully satisfied plus the amount of P10,000.00 as attorney's fees. With costs. Its motion for the reconsideration of the decision having been denied by the Insurance Commission in its resolution of August 20, 1993, Country Bankers appealed to the Court of Appeals by way of a petition for review (CA-GR SP 31916). In its decision of December 29, 1993, the Court of Appeals reversed the decision of the Insurance Commission because it found that Geagonia knew of the existence of the two other policies issued by the PFIC. His motion to reconsider the adverse decision having been denied, Geagonia filed the petition for review on certiorari. Issue: WON there is double insurance in the case at bar so as to deny Geagonia from recovering on the insurance policy Held: NO. Condition 3 of the private respondent's Policy No. F-14622 is a condition which is not proscribed by law. Its incorporation in the policy is allowed by Section 15 75 of the Insurance Code which provides that "[a] policy may declare that a violation of specified provisions thereof shall avoid it, otherwise the breach of an immaterial provision does not avoid the policy." Such a condition is a provision which invariably appears in fire insurance policies and is intended to prevent an increase in the moral hazard. It is commonly known as the additional or "other insurance" clause and has been upheld as valid and as a 16 warranty that no other insurance exists. Its violation would thus avoid the policy. However, in order to constitute a violation, the other insurance must be 17 upon same subject matter, the same interest therein, and the same risk. As to a mortgaged property, the mortgagor and the mortgagee have each an independent insurable interest therein and both interests may be one policy, 18 or each may take out a separate policy covering his interest, either at the same or at separate times. The mortgagor's insurable interest covers the full 19 value of the mortgaged property, even though the mortgage debt is equivalent to the full value of the property. The mortgagee's insurable interest is to the extent of the debt, since the property is relied upon as security thereof, and in insuring he is not insuring the property but his interest or lien thereon. 20 His insurable interest is prima facie the value mortgaged and extends only to the amount of the debt, not exceeding the value of the mortgaged property. Thus, separate insurances covering different insurable interests may be obtained by the mortgagor and the mortgagee. A mortgagor may, however, take out insurance for the benefit of the mortgagee, which is the usual practice. The mortgagee may be made the beneficial payee in several ways. He may become the assignee of the policy with the consent of the insurer; or the mere pledgee without such consent; or the original policy may contain a mortgage clause; or a rider making the policy payable to the mortgagee "as his interest may appear" may be attached; or a "standard mortgage clause," containing a collateral independent contract between the mortgagee and insurer, may be attached; or the policy, though by its terms payable absolutely to the mortgagor, may have been procured by a mortgagor under a contract duty to insure for the mortgagee's benefit, in which 21 case the mortgagee acquires an equitable lien upon the proceeds. In the policy obtained by the mortgagor with loss payable clause in favor of the mortgagee as his interest may appear, the mortgagee is only a beneficiary under the contract, and recognized as such by the insurer but not made a party to the contract himself. Hence, any act of the mortgagor which defeats his 22 23 right will also defeat the right of the mortgagee. This kind of policy covers only such interest as the mortgagee has at the issuing of the policy. On the other hand, a mortgagee may also procure a policy as a contracting party in accordance with the terms of an agreement by which the mortgagor is 24 to pay the premiums upon such insurance. It has been noted, however, that although the mortgagee is himself the insured, as where he applies for a policy, fully informs the authorized agent of his interest, pays the premiums, and obtains on the assurance that it insures him, the policy is in fact in the 25 form used to insure a mortgagor with loss payable clause.
or expense proximately caused by delay or inherent vice or nature of the subject matter insured. the van did not carry any evidence of spillage. be meticulously analyzed. . and that in any case. An "all risks" provision of a marine policy creates a special type of insurance which extends coverage to risks not usually contemplated and avoids putting upon the insured the burden of establishing that the loss was due to peril falling within the policy's coverage.63 as the insured value of the loss.XXX With these principles in mind. we are of the opinion that Condition 3 of the subject policy is not totally free from ambiguity and must. In the present case..000. the equivalent of US$8.50.117. 1977 against respondent insurance company in the amount of P33. Upon arrival at the port of Manila. Razon. The non-disclosure then of the former policies was not fatal to the petitioner's right to recover on the private respondent's policy. So that Filipino Merchants is absolved from liability. the insured goods did not sustain damage and so it cannot be held covered.. Petitioner filed a claim for said loss dated February 16. Respondent insurance company rejected the claim on the following reasons: 1.00 plus 50% mark-up or US $13.117. and even assuming that it did.765. goods in process and/or inventories only hereby insured.000.00. Inc. Claims recoverable hereunder shall be payable irrespective of percentage. perforce. Ltd. it does not cover losses occasioned by the ordinary circumstances of a voyage. It is the duty of the respondent insurance company to establish that said loss or damage falls within the exceptions provided for by law. Of the 600 bags delivered to petitioner. damage. the cargo was discharged into the custody of the arrastre operator respondent E. 84507. It also filed a third-party complaint against respondents Ben Lines and broker. 403 were in bad order.63 as damages plus attorney's fees and expenses of litigation. The first conclusion is supported by the portion of the condition referring to other insurance "covering any of the property or properties consisting of stocks in trade. The insurer can avoid coverage upon demonstrating that a specific provision expressly excludes the loss from coverage. 2. The goods were insured by respondent Filipino Merchants' Insurance Co. prior to the delivery to petitioner through his broker. 1990] Facts: On November 4.147. no double insurance exists. And that assuming that the spillage did not occur while the cargo was in transit. Holland in sea vans on board the vessel "MS Benalder' as the mother vessel. Such analysis leads us to conclude that (a) the prohibition applies only to double insurance. When the case was elevated to the CA. In this case.882. Assuming that spillage took place while the goods were in transit. it was likewise denied. but only those resulting from extra and fortuitous events. for the sum of P98. It covers all losses during the voyage whether arising from a marine peril or not.R.00 of the total policies obtained. the "all risks" clause of the policy sued upon reads as follows: "5. Petitioner filed a complaint in the RTC against the insurance company seeking payment of the sum of P33. thus violating the terms of the insurance policy sued upon. the liability of respondent insurance company is clear. Accordingly. As earlier stated. the insurable interests of a mortgagor and a mortgagee on the mortgaged property are distinct and separate. vs. In Gloren Inc. Inc. No.35. except as otherwise excluded in the policy or due to fraud or intentional misconduct on the part of the insured. Inc. The surveys showed that the bad order bags suffered spillage and loss later valued at P33. Thus. Filipinas Cia. The importation involved fifteen (15) metric tons packed in 600 6-ply paper bags with polythelene inner bags. Insurance company denied all the material allegations of the complaint and raised several special defenses as well as a compulsory counterclaim." and the portion regarding the insured's declaration on the subheading CO-INSURANCE that the co-insurer is Mercantile Insurance Co. petitioner and his agent failed to avert or minimize the loss by failing to recover spillage from the sea van. the said 400 bags were loaded in bad order. including pilferage losses during the war. because the insurance is against ³all risk´. The RTC dismissed the complaint. Issue: WON insurance company should be held liable even if the technical meaning in marine insurance of an ³insurance against all risk" is applied Held: YES. otherwise it is liable therefore. The goods were loaded at the port at Rotterdam.." The terms of the policy are so clear and require no interpretation. and thereafter aboard the feeder vessel "Wesser Broker V-25" of respondent Ben Lines Container. Also.63. the damage caused to the cargo has not been attributed to any of the exceptions provided for nor is there any pretension to this effect. the counterclaim and the third-party complaint with costs against the petitioner. petitioner Choa Tiek Seng imported some lactose crystals from Holland.117. still there¶s no liability. an it held that an "all risk" marine policy purports to cover losses from casualties at sea. each bag at 25 kilos net. The insurance policy covers all loss or damage to the cargo except those caused by delay or inherent vice or nature of the cargo insured. A double insurance exists where the same person is insured by several insurers separately in respect of the same subject and interest. and (b) the nullity of the policy shall only be to the extent exceeding P200. it was held that an all risk insurance policy insures against all causes of conceivable loss or damage. in the sum of P50. Since the two policies of the PFIC do not cover the same interest as that covered by the policy of the private respondent. de Seguros. This insurance is against all risks of loss or damage to the subject matter insured but shall in no case be deemed to extend to cover loss. 1976. against all risks under the terms of the insurance cargo policy. CHOA TIEK SENG VS CA [G. March 15.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.