INSURANCE CODE t 7
> PRESIDENTIAL DEGREE NO. 612
Ee CED
CONTRACT OF INSURAN3E
‘An agreement whereby :ne underlakes for a
consideration to indernnlfy another against toes,
damage or fablity: arising from an unknown or
contingent event (See.2, par.2, Insurance Code of
the Philippines). 3. 2.
GOVERNING LAWS
4, Insurance Code; of, ints absence
2 Civil Code; or, in tha absence of both,
3. Genoral principles prevailing on tho subject
jn the United Statet, particulary In the State
of California where our Insurance Codo was
pesed.
ELEMENTS OF THE CONTRACT (PARIS)
4; {neurable Intorest ~ The Insured has an
insurable intorest in the lite or thing Insure,
Le. 9 pecuniary interest;
2. Risk of loss ~ The happening of designated
‘events, either unknown or ccntingent, past or
future, will subject such interest to some ‘ind
of logs, whether in tho form of Injury, damage
vot Habilty; «= mS 5
3." Assumption’of risk = the insurer undertakes
fo aseume -the-rak- of auch loss. fora
eonsideralonsie ‘
the Ineurer’s promlse'te sso. ye. 54
Meas
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/MERDERT CALVIN ABUGAN everal
‘conenttncaa aw
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‘emmeonss (2°35
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40% Payment of Premiuin\-- the consideration for
rata) MANOKO ADEL SANTOS ct eel aptaony GRACE SANAN TRA vce
Chat for operators, JUAN CAFLDS CJES'RO ve eal ff wade, MAE ANSEL ETANG vie chal forsee
for anc, EREENEONA ACOSTA echo fr Ed A JELLO CONCEPCION ven ve forages
NATURE. OF INSURANCE CONTRACT (ViC-
GROP.CUP) a
+. Consensual ~ itis perfectdd by the meeting
of the minds af the parties;
Voluntary - the parties may incorporate such
terms of concilions a they may decm
convenient:
3. Aloatory ~ tho ‘ilabilty’ ‘ofthe’ insuer ‘ls
Sependent on tive happening of an event
Unilateral ~ imposes legal duties only on the
insurer who promises to indemnty another in
case of loss. executed fs fo the insured after
payment of premium, and ‘éxecutory on the
part of the fisure* until payment for a foes,
5. Gonditional ~ li is subject to conditions, the
principal one of which Is the happenirg of the
event insured against *
6. Contractaof-Indemnlty.c-.,Except fe and
ideulahdetwieresthe esult Is death,
Y% a contradt'"8t “Lsudsce isd) contragh st
ijrdamnity .wiiorebY: theSinsurer promgi@nsite
he, goed nh jhe lassyetuh
7. euessofal ps care
aclereagicita
iv
itis
RISTING AUNARELLEE IPOS
| PATRICK SARMIEN (0 subect chair, KAA. KATRINA NICOLE CONT, CTC: distant subjoct chal JAN MANLLLE REYES WP, IAF AASAWGCAY tas cn)
“Inteiectual property, INISH TOBIANSS apeelalIsws, JOYFUL KIALASON bea akig laws, XOXENOS SULIT corde of Comnetn, NINA IFURUNG mepotlable
Inert ne MAMBUE ere a, Sen OUNSUCEO arpa on lows, ARCO PAO corpo ws
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rind Ch Mb Eares, anthony Menon, ite: tall Pande, Monte ut 07
escua anda sheene sero, Apt sure ova asin, Corwin Para, Roda os,
Fatty, Sepang Naroer, Ment. Ana .
ath158.91 2009 CENTRALIZED BAR OPERATIONS
SURETY CONTRAGT AS INSURANCE,
A contract of suretyship, shall be deemed to be an
insurance contract, within tye !meaning of the
Gode, only if made. by a surely wha or which, as
such, is doing an insurance business,
“Doing an Insurance Business":
4. making er proposing to make, as Insurer, any
Insurance contracts...
making oF proposing to make, is surety, any
‘contract of surelyship as-a vocation and not
is marely Inadental, 10 any” legiomate
‘vupingss of activity of the surety; *
3 doing any kind of business, including
reinsurance business, specifically recognized
constituting the doing of ‘an Insurance
bbusinese within the meaning of the Code;
4. doing of proposing to do any business in
substance equivalent to any of the foregoing
iva manner designed to evade the provisions
ut is Gade (Sn0.2, par, Inpuranoy Code).
Hota: ‘Ino fact that NO profit Is derived fron
the making ef Insurance contracts,
agreements or transactions or that no
separate oF direct consideration ts received
therelor, shall NOT be deemed conclusive to
show that the making thereof does not
consitule the doing of transacting of an
insurance business.
FIVE CARDINAL PRINCIPLES IN INSURANCE
(SIGA)
1, |nsurable Interest ~ reiztion between the
Ingwed and the event insured against such
that occurrence of the event will cause
substantial loss or harm of some kind to the
insured
Principle of utmost Good faith (uberrimae
ficios)~ KEnch party {akes Into consideration
the character, conduct and/or credit of the
‘other and in'making the contract, each Is
enjoined by tavi.to,deal with the other in
utmost good faith. A’ violation of this duty
‘ives the aggridved ary te fant e rescind
the contract. =."
3. Contract of Incest ~The Insured who
tins insurable interest over # property is only
entitled to recover the amount of actual loss
sustained end’ the burden. ls. upon him to
establish the amount of such fos
Rules on tndornitys 9,
1. Applies ONLY ‘to’ property insurance
except when the:ereditor Insures ihe life
of his debtor.
A life insuance' la NOT a contract of
indemnity, it ds considered un
ee
wy insured maytadhere" if he chboses but whic
5 3 a ieSubrctai
Investment.’’ A’ ife policy. constitutes,’
through the insureds savings; his
investment and the eamings ‘thereon, a
measure of economic: security" for: the
insured during his lifetime and for” his
enefictary ‘after. his. ace).
Raatlonates h.auirance sentract Is porsonal
Exveptions:
2, In edsey of Wo, nceldent, and haat
Ingurance (S00, £0, lusurancn Code,
Reason: ‘They pte nol roqatind ae
contract af Itdamally rv therators,
Insurab!t Internst aud sist only at the
{inva the insurance Is effered.
b. Change et tntorest In the thing Insured
after enurrance of a Injury which
agulis in a loss (See, 21, Insurance
Cede).
Reason: Aker the lous hab ‘yapnenre,
the ‘iablity of the insurer becomes fixed.
Thevstora, the ineures hes the right to
sigh hia walm against the Insurer as
any ather money ciaim,
6 Change in Intoreut iin ens of mere of
several distinct things separat ly insured
prove pollzy (Soe. 22, insurance Codey,
Reacon: The sonttact is divaih'n,
d. Change af Interest, by will or succe:
con the donth ot the Insured (See. 23).
on,
anny Art. “314 of the Cull Code
Beatatuty ofentreet)
2 “Ahouver takut the propery of the
ftocsdert wil automatically become
the owner of tho polcy.
natat Of internet by ore of several
pariners, Joint ewnera, or owrers In
Common, whe ara jointy inrured, to
(Soo. 24, Insurunca Cox).
Introduced
alienation
6 pally,
Into the oo-ewne-tt ip itis 1
fo stranger that will suapersit!
MEMORY AID.IN COMMERCIAL LAW] MAS
4 Wan A palley Ie 80 framed that tt
4
2
: Meee
vel :
3, tanster volves Anoral Noxord
vel tin to the bereft af
whamsoevar, during the continesn"«
of the flak, may Lecome the owner of
thw interest Insured (See, $7, tnsurai:
Con,
Rergonr Ark, $998 of the Git Sede
(Avlorumy of Goniracts)
Wren there Ina arghibitlon my alest
alienation or change of inte rast yeith ut
the consent of the insurer, In which cae,
the poiizy In aot merely suspancind but
avolded.
TRANGFRR OF POLICY
Ie LICR Inurinee = tho polley nny ba
trewvlortnd without. the conennt of the
inawwar (See, 181, Ins tranco Code)
Roagon: The polley does not repranent a
personal agruement between the Insuiad
andthe Insurar,
Exeoption: When notice fo an ineer of
va laneler is axpressly coguited In tho
poly (Soe. 182, Insuranco Coda).
iy PROPERTY Inaurance = the policy
nay NOT bb “transferred witheut the
consent of the insurat,
Rosaon: The insurer approved tho policy
bared on the porsonal quailfcatien and
‘ha Insurable interest ofthe insure,
Ethot of Transfer without Consnnt:
The Inurance polley will be suspended
and al ol uy unl tha lnhotest fn
SA a" Insurance
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