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  • Tan Chay Heng, vs. The West Coast Life Insurance Company

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    Ryan Cruz II
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    The plaintiff was the sole beneficiary of an insurance policy taken out on the life of Tan Ceang. When Tan Ceang died in 1925, the insurance company refused to pay out the policy, claiming fraud in obtaining the policy as the medical examiner falsely stated that the insured was not dependent on morphine. The court ruled that if the insurance company's allegations were true, such as the false medical report, then there was no valid insurance contract to rescind in the first place since both parties' minds did not meet on the true terms and conditions of the policy.

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    TAN-CHANG-HRNG-V-WEST-COAST

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    The plaintiff was the sole beneficiary of an insurance policy taken out on the life of Tan Ceang. When Tan Ceang died in 1925, the insurance company refused to pay out the policy, claiming fraud in obtaining the policy as the medical examiner falsely stated that the insured was not dependent on morphine. The court ruled that if the insurance company's allegations were true, such as the false medical report, then there was no valid insurance contract to rescind in the first place since both parties' minds did not meet on the true terms and conditions of the policy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    8 views1 page

    Tan Chay Heng, vs. The West Coast Life Insurance Company

    Uploaded by

    Ryan Cruz II
    The plaintiff was the sole beneficiary of an insurance policy taken out on the life of Tan Ceang. When Tan Ceang died in 1925, the insurance company refused to pay out the policy, claiming fraud in obtaining the policy as the medical examiner falsely stated that the insured was not dependent on morphine. The court ruled that if the insurance company's allegations were true, such as the false medical report, then there was no valid insurance contract to rescind in the first place since both parties' minds did not meet on the true terms and conditions of the policy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    TAN CHAY HENG, 

    vs. THE WEST COAST LIFE INSURANCE COMPANY,


    FACTS:
    Plaintiff was the sole beneficiary the insured. The policy was issued upon the payment by the
    said Tan Ceang. That in June, 1925, plaintiff submitted the proofs of the death of Tan Ceang
    with a claim for the payment of the policy which the defendant refused to pay on the ground of
    fraud which was obtained by the plaintiff in confabulation  with other thru fraud and deceit
    perpetrated against this defendant in obtaining the policy. False representation was made by the
    medical examiner that the insured was not drug dependant. However, found out that he was
    using morpine and prohibited acts.

    Issue.
    Whether the remedy of recission is available.

    RULING:
     As stated, an action to rescind a contract is founded upon and presupposes the existence of the
    contract which is sought to be rescinded. If all of the material matters set forth and alleged in the
    defendant's special plea are true, there was no valid contract of insurance, for the simple reason
    that the minds of the parties never met and never agreed upon the terms and conditions of the
    contract.

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