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  • FILIPINAS vs. CHRISTERN (1951)

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    Filipinas Compania de Seguros vs. Christern, Huenefeld & Co. (1951) addressed whether an insurance company was required to pay a claim filed by a German-controlled corporation for property damage during World War 2. The Philippine Supreme Court held that the insurance policy became invalid when the U.S. declared war on Germany, as the German corporation then became a public enemy. However, the court also ruled that elementary justice required the insurance company to return the premiums paid, as the Philippine Insurance Law did not specify otherwise.

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    FILIPINAS vs. CHRISTERN (1951)

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    Filipinas Compania de Seguros vs. Christern, Huenefeld & Co. (1951) addressed whether an insurance company was required to pay a claim filed by a German-controlled corporation for property damage during World War 2. The Philippine Supreme Court held that the insurance policy became invalid when the U.S. declared war on Germany, as the German corporation then became a public enemy. However, the court also ruled that elementary justice required the insurance company to return the premiums paid, as the Philippine Insurance Law did not specify otherwise.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    11 views1 page

    FILIPINAS vs. CHRISTERN (1951)

    Uploaded by

    VC Rds
    Filipinas Compania de Seguros vs. Christern, Huenefeld & Co. (1951) addressed whether an insurance company was required to pay a claim filed by a German-controlled corporation for property damage during World War 2. The Philippine Supreme Court held that the insurance policy became invalid when the U.S. declared war on Germany, as the German corporation then became a public enemy. However, the court also ruled that elementary justice required the insurance company to return the premiums paid, as the Philippine Insurance Law did not specify otherwise.

    Copyright:

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    FILIPINAS COMPANIA DE SEGUROS vs. CHRISTERN, HUENEFELD & CO.

    (1951) TOPIC: PIL; War FACTS: Christern (German controlled corp.) obtained from Filipinas (corp. under US jurisdiction) a fire policy insurance (10/1/41). During the Japanese military occupation (WW2), the building and insured merchandise were burned. Filipinas refused to pay the claim on the ground that the policy in favor of Christern had ceased to be in force on the date US declared war against Germany (12/10/41). HELD: Phil. Insurance Law provides that "anyone except a public enemy may be insured." An insurance policy ceases to be allowable as soon as an insured becomes a public enemy. Subjects of one country cannot be permitted to lend their assistance to protect by insurance the commerce or property of belligerent alien subjects, or to do anything detrimental too their country's interest. Since the insured goods were burned during the war, Christern was not entitled to any indemnity under said policy from Filipinas. However, elementary rules of justice (in absence of specific provision in Insurance Law) require that the premium paid by Christern should be returned by Filipinas.

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