G.R. 112329.

January 28, 2000

Virginia A. Perez vs CA and Lifeman Insurance Corporation

Facts:
 Primitivo B. Perez had been insured with the BF Lifeman Insurance Corporation since 1980
for P20,000.00.
 October 1987, P. Perez applied for additional insurance coverage of P50,000
 October 20, 1987, Primitivo B. Perez accomplished an application form for the additional
insurance coverage of P50,000.00. On the same day, petitioner Virginia A. Perez, Primitivos wife,
paid P2,075.00 to Lalog.
 Oct 28, 1987, Lalog lost the application form and was asked to fill up another.
 November 1, 1987, Perez passed the required medical examination.
 November 25, 1987, Perez died in an accident. He was riding a banca which capsized during a
storm.
 The papers for additional insurance were still in Gumaca office.
 November 27, 1987 the papers were received in Manila.
 November 25, 1987, without knowledge of Perez’s death, the application was approved.
 Verginia Perez went to Manila to claim the benefits under the insurance policies, but the
company refuses to pay under the additional policy.
 The Insurance company states that the additional insurance policy has not been perfected.

Issue: WON the additional insurance policy was perfected.

Held: No, there were certain conditions imposed by the respondent company for the perfection of the
contract of insurance: First, a policy must have been issued, second, the premiums must have been paid
and third, the policy must have been delivered to and accepted by the applicant while he is in good
health.

Therefore, the condition that the policy must have been delivered to and accepted by the
applicant while he is in good health must be met. The non-fulfillment of the condition resulted in the
non-perfection of the contract.