G.R. No.

200784               August 7, 2013

MALAYAN INSURANCE COMPANY, INC., PETITIONER,
vs.
PAP CO., LTD. (PHIL. BRANCH), RESPONDENT.

FACTS
1. On May 1996, Malayan Insurance Company (Malayan) issued Fire Insurance Policy to
PAP Co. for the its machineries and equipment located at Sanyo Building Bldg., Rosario,
Cavite.

2. The insurance, which was for Fifteen Million Pesos and effective for a period of one (1)
year, was procured by PAP Co. for Rizal Commercial Banking Corporation (RCBC), the
mortgagee of the insured machineries and equipment.

3. Before expiration of the insurance coverage, PAP Co. renewed the policy on an "as is"
basis.

4. On October 1997 and during the subsistence of the renewal policy, the insured
machineries and equipment were totally lost by fire.

5. Hence, PAP Co. filed a fire insurance claim with Malayan in the amount insured.

6. Malayan denied the claim upon the ground that, at the time of the loss, the insured
machineries and equipment were transferred by PAP Co. to a location different from that
indicated in the policy.

7. Specifically, that the insured machineries were transferred from the Sanyo Building to the
Pace Pacific Bldg.

8. PAP Co. thereafter filed a complaint against Malayan Insurance.

9. RTC decided in favor of PAP Co. which was affirmed by CA upon appeal of Malayan
Insurance. Hence this petition.

ISSUE
WON Malayan can be held liable for the loss of the insured properties under the fire
insurance policy.
RULING
NO. The SC reversed the decision of CA and held that PAP Co. committed concealment,
misrepresentation and a breach of a material warranty.
The policy substantially provides that insurance ceases to attach as regards the property if it be
removed to any building or place other than in that which is stated in the policy without the
consent of the insurer.

It is clear in the condition of the renewal policy that any transfer effected by the insured, without
the insurer’s consent, would free the latter from any liability.

The respondent failed to notify, and to obtain the consent of, Malayan regarding the removal.

PAP clearly committed concealment, misrepresentation and a breach of a material warranty.

Section 26. A neglect to communicate that which a party knows and ought to communicate, is
called a concealment.

Under Section 27 of the Insurance Code, "a concealment entitles the injured party to rescind a
contract of insurance."