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Filipino Merchants Insurance Co. Vs.

CA
G.R. NO. 85141 November 28, 1989

Facts: Plaintiff choa tiek seng insured said shipment with defendant insurance co.
For the sum of p 267, 653.59 for goods described as 600 metric tons of fishmeal in
new gunny bags of 90 kilos each from Bangkok, Thailand to Manila against all risks
under warehouse to warehouse terms. Actually, what was imported was 59.940
metric tons and not 600 tons at 395.42 a ton. The fishmeal in 666 new gunny bags
were unloaded from the ship at Manila unto the arrastre contractor E. Razon, Inc.
And defendant's surveyor ascertained and certified that in such discharge, 105 bags
were in bad order condition as jointly surveyed by the ship's agent and the arrastre
contractor. The cargo was also surveyed before delivery of the cargo to the
consignee, and it was found out that a total of 227 bags are in bad order condition.
Plaintiff, after careful computation of the loss, made a formal claim against the
defendant for P 51, 568.62 which the latter refused.
Issue: Whether or not plaintiff has insurable interest in the subject cargo.
Ruling
Yes, section 13 of the insurance code defines insurable interest in property as every
interest in property, whether real or personal, or any relation thereto, or liability in
respect thereof, of such nature that a contemplated peril might directly damnify the
insured. In the present case, choa tiek seng, as vendee/consignee of the goods in
transit has such existing interest therein as may be the subject of a valid contract of
insurance. The perfected contract of sale between him and the shipper of the
goods operates to vest in him an equitable title even before delivery or before the
performed conditions of the sale. Hence, plaintiff has an insurable interest.
Insular Life Assurance Co. Vs. Carponia Ebrado and Pascuala Ebrado
G.R. No. L-44059 October 28, 1977
Facts: Buenaventura Ebrado was issued by petitioner a whole life policy for P 5,882
with a rider for accidental death for the same amount and designated Carponia
Ebrado as the beneficiary. Buenaventura died as a result of an accident when he
was hit by a falling branch of a tree. Carponia filed with the insurer a claim for the
proceeds of the policy, although she admits that she and the insured were not
married. Pascuala Ebrado also filed a claim, the widow of the deceased insured.
Issue: Whether or not a common law wife is entitled for the proceeds of the insured.
Ruling: No. Article 2012 provides that any person who is forbidden from receiving
any donation under Article 739 cannot be named as a beneficiary of a life insurance
policy by the person who cannot make a donation to him. Moreover, Article 739 of
the new civil code provides that donations shall be void, between persons who were
guilty of adultery or concubinage at the time of donation. In the present case, it has
been stipulated as a fact that deceased insured was married to Pascuala Ebrado
with whom he has six (6) legitimate children, that during his lifetime, the deceased
insured was living with his common law wife, Carponia Ebrado. Hence, Carponia
Ebrado is not entitled to the proceeds and is disqualified as a beneficiary.
Great Pacific Life Assurance Corp. Vs. CA
G.R. 113899 October 13, 1999
Facts:
A group life insurance contract was executed between petitioner and DBP. Dr.
Wilfredo Leuterio, a physician and housing debtor of DBP applied for membership in
the group life insurance plan. Petitioner issued a certificate as insurance coverage
of Dr. Leuterio, to the extent of his DBP mortgage indebtedness amounting to 86,
200. Subsequently, Dr. Leuterio died die to massive cerebral hemorrhage. DBP filed
a death claim to Grepa life which denied the claim, alleging that Dr. Leuterio was
not physically healthy when he applied for an insurance coverage.

Issue: Whether or not petitioner is liable for the proceeds to DBP, mortgage of the
insured, Dr. Leuterio.
Ruling: Yes, Section 8, of the insurance code states that "unless the policy provides,
where a mortgagor of property effects insurance in his own name providing that the
loss shall be payable to the mortgagee, or assigns a policy of insurance to a
mortgagee, the insurance is deemed to be upon the interest of the mortgagor, who
does not cease to be a party to the original contract, and any act of his, prior to the
loss, which would otherwise avoid the insurance, will have the same effect, although
the property is in the hands of the mortgagee, but any act which under the contract
of insurance, is to be performed by the mortgagor, may be performed by the
mortgagee therein named, with the same effects as if it had been performed by the
mortgagor. In the present case, the insured did not cede to the mortgagee all his
rights or interests in the insurance, the policy stating that "In the event of the
debtors death before his indebtedness with the creditor shall have been fully paid,
an amount to pay the indebtedness shall first be paid to the creditor and the
balance to the beneficiaries.
Palileo vs. Casio
G.R. No. L-7667 November 28, 1959
Facts:
Plaintiff obtained from defendant a loan in the sum of P12,000 subject to the
following conditions: that plaintiff shall pay to defendant an interest of P205 a
month, that defendant shall deduct from the loan certain obligations of plaintiff to
third persons amounting to P4,550 plus the sum of P250 as interests for the first
month; and that after making the above deductions, defendant shall deliver to
plaintiff only the balance of the loan of P12,000 pursuant to their agreement,
plaintiff paid to defendant as interests on the loan a total of P2,250, which is more
than the maximum interest authorized by law. To secure the payment of the
aforesaid loan, defendant required plaintiff to sign a document known as conditional
sale of residential building with rights to repurchase. Thereafter, defendant insured
the building against fire with the Associated Insurance and Surety Co. For. P15,000.
The building was partly destroyed by fire, and after proper demand, defendant
collected from the Insurance Company an indemnity of P13,107. Plaintiff demanded
from defendant that she be credited with the necessary amount to pay her
obligation out of the insurance proceeds but defendant refused.
Issue: Whether or not plaintiff's obligation is extinguished upon insurance
company's payment of the proceeds to defendant.
Ruling:
No. The court ruled that the mortgagee may insure his interest in the property
independently of the mortgagor. In that event, upon the destruction of the property,
the insurance money paid to the mortgagee will not inure to the benefit of the
mortgagor and the amount due inder the mortgage debt remains unchanged. In the
present case, the lower court erred in declaring that the proceeds of the insurance
taken out by the defendant inured to the benefit of the plaintiff. Hence, the latter's
obligation not extinguished.
Filipinas Compania de Segusos vs Christen huejhiajwdijawidjawd
G.R. No. L-2294 May 25, 1951

Facts: Respondent corporation, german owned, after payment of premuim,


obgatined from petitioner, an american company, fire insurance policy amounting to
P100,000 covering merchandise contained in a building located at Binondo, Manila.
During the Japanese military occupation, the building and insured merchandise were
burned. The salvage goods were sold at public auction and after deducting their
value, the total loss suffered by the respondent was fixed at P92,650. Respondent
filed its claim with the petitioner, which the latter refused to pay, alleging that the
policy in favor of the respondent had ceased to be in force on the date the US
declared war agai

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