G.R. No. L-54171 – 188 Phil. 497 – 100 SCRA 467 – Criminal Law – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Mercantile Law – Law on Insurance – Liability of Auto Insurer in Carnapping – Taking a car for a joy ride is […]
Law on Insurance
G.R. No. L-9401 – 30 Phil. 537 – Mercantile Law – Insurance Law – The Policy – Insurance as a Contract between Insurer and Insured Only In 1912, Placida Jose contracted with Mariano Barreto for the construction of a house worth P6,000.00. While the house is under construction, Barreto, with […]
G.R. No. L-38613 – 112 SCRA 199 – Mercantile Law – Insurance Law – The Policy – Separate Premiums Not Required for Cover Notes In 1963, Pacific Timber Export Corporation (PTEC) applied for a temporary marine insurance from Workmen’s Insurance Company (WIC) in order for the latter to insure 1,250,000 […]
G.R. No. 124050 – 274 SCRA 432 – Mercantile Law – Insurance Law – The Policy – Prescription of Filing of Insurance Cases In 1983, Hongkong Government Supplies Department (HGSD) contracted Mayer Steel Pipe Corporation for the latter to manufacture and deliver various steel pipes and fittings. Before Mayer Steel […]
G.R. No. 119176 – 379 SCRA 423 – Mercantile Law – Insurance Law – The Policy – Automatic Increase in the Coverage – Documentary Stamp Tax Prior to 1984, Lincoln Philippine Life Insurance Company, Inc. (now called Jardine-CMA Life Insurance Company, Inc.) used to issue policies called “Junior Estate Builder […]
G.R. No. L-54140 – 145 SCRA 42 – Mercantile Law – Insurance Law – The Policy – Prescription of Filing of Insurance Cases In 1976, Choa Tiek Seng contracted Frota Oceanica Brasiliera for the latter to deliver goods. Choa Tiek Seng insured the goods with Filipino Merchants Insurance Company. The […]
G.R. No. L-27541 – 51 Phil. 80 – Mercantile Law – Insurance Law – Representation – Rescission of an Insurance Contract In April 1925, West Coast Life Insurance Company (West Coast) accepted and issued a temporary life insurance policy (pending further review) to Tan Ceang. The life insurance was for […]
G.R. No. 48049 – 174 SCRA 403 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract – Incontestability Clause In September 1973, Tan Lee Siong applied for a life insurance under the Philippine American Life Insurance Company (PHILAMLIFE). He stated in the application […]
G.R. No. 125678 – 379 SCRA 356 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract – Health Care Agreement is an Insurance Contract In 1988, Ernani Trinos applied for a health care insurance under the Philamcare Health Systems, Inc. He was asked […]
G.R. No. L-24899 – 51 Phil. 725 – Mercantile Law – Insurance Law – Representation – Concealment – Rescission of an Insurance Contract In February 1925, Bernardo Argente and his wife applied for a joint life insurance under West Coast Life Insurance Company (West Coast). The couple was examined by […]
117 SCRA 187 – Mercantile Law – Insurance Law – Representation – Collection of Premium Even Though Insured is Disqualified (Age) In April 1969, Carmen Lapuz filled out an application form for insurance under Manila Banker Life Assurance Corporation. She stated that her date of birth was July 11, 1904. […]
G.R. No. L-16163 – 7 SCRA 316 – Mercantile Law – Insurance Law – Representation – Concealment – Misrepresentation – Fraud In September 1957, Estefania Saturnino was operated for cancer in which her right breast was removed. She was advised by her surgeon that she’s not totally cured because her […]
G.R. No. L-47593 – 74 Phil. 468 – Mercantile Law – Insurance Law – Representation – Insurance Agent’s Fraud From the court’s decision rendered in the case of Insular Life Assurance vs Feliciano (1941), Insular Life filed a motion for reconsideration. Insular avers that Feliciano is not entitled to the […]
G.R. No. L-47593 – 73 Phil. 201 (40 Off. Gaz. 2842) – Mercantile Law – Insurance Law – Representation – Insurance Agent’s Fraud Evaristo Feliciano was issued an insurance policy by Insular Life. In September 1935, he died. His heirs (Serafin Feliciano et al) filed an insurance claim but Insular […]
G.R. No. L-12707 – 38 Phil. 464 – Mercantile Law – Insurance Law – Representation – Warranty In February 1916, Mrs. Harding applied for car insurance for a Studebaker she received as a gift from her husband. She was assisted by Smith, Bell, and Co. which was the duly authorized […]
G.R. No. L-30685 – 122 SCRA 461 – Mercantile Law – Insurance Law – Concealment – Misrepresentation – Duty of Insurance Company to Make Inquiry In May 1962, Kwong Nam applied for a 20-year endowment policy with Asian Crusader Life Assurance Corporation. Asian Crusader asked the following question: Has any […]