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 […]
Mercantile Law
176 posts
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 […]
G.R. No. L-31845; G.R. No. L-31878 – 89 SCRA 543 – Mercantile Law – Insurance Law – Concealment – Insurance Contract as an Uberrima Fides Contract In March 1957, Ngo Hing filed an application for a 20-year endowment policy for the life of his one-year old daughter with the Great […]
G.R. No. 20341 – 45 Phil. 122 – Mercantile Law – Insurance Law – Insurable Interest – Mistake in the issuance of an insurance policy In March 1918, Domingo Garcia entered into an insurance contract with The Hong Kong Fire and Marine Insurance Co., Ltd. (HKFI). HKFI agreed to insure […]
G.R. No. 113899 – 316 SCRA 677 – Mercantile Law – Law on Insurance – Parties to an Insurance Contract – Concealment There was an existing group life insurance executed between Great Pacific Life Assurance (Grepalife) and the Development Bank of the Philippines (DBP). Grepalife agreed to insure the lives […]
G.R. No. L-3032 – 87 Phil. 460 – Mercantile Law – Insurance Law – Characteristics of an Insurance Contract – Premium Payments – Insurance Contract in Times of War – US Rule (Statham Rule) – Time is of the essence In February 1934, Juan Carrero was issued an insurance policy […]
G.R. No. L-1669; G.R. No. L-1670 – 87 Phil. 248 – Mercantile Law – Law on Insurance – Premium Payment – Insurance Contract in Times of War – Premium Payment not excused by war There were two cases consolidated here. First was that of Arcadio Constantino who acquired a life insurance […]
G.R. No. L-2294 – 89 Phil. 54 – Mercantile Law – Law on Insurance – Parties to an Insurance Contract – Insured Enemy In October 1941, Christern, Huenefeld, and Company, a German company, obtained an insurance policy from Filipinas Compañia for the former’s merchandise contained in a building located in […]
G.R. NO. 154514 – 464 SCRA 448 – Mercantile Law – Law on Insurance – Protection and Indemnity Club – Mutual Insurance Company – Certificate of Authority White Gold Marine Services, Inc. owns several shipping vessels. Steamship Mutual Underwriting Association, Ltd. (based in Bermuda) is a protection and indemnity club […]
G.R. No. L-4611 – 98 Phil. 85 – Mercantile Law – Law on Insurance – Ambiguity; To be resolved against insurer – Contract of Adhesion Qua Chee Gan owns four warehouses in Albay. He was using these warehouses to house crops like copra and hemp. All warehouses were insured by Law […]
G. R. No. 126627 – 409 SCRA 33 – Mercantile Law – Intellectual Property Law – Law on Patents – Doctrine of Equivalents – Function-Means-and-Result Test Smith Kline is a US corporation licensed to do business in the Philippines. In 1981, a patent was issued to it for its invention entitled […]
G.R. No. 94149 – 208 SCRA 343 – Mercantile Law – Law on Transportation – Civil Code vs Code of Commerce (which is to be applied in the presence of negligence in cases of lost of goods) Civil Law – Torts and Damages Mayleen Paper, Inc. contracted the services of […]
G.R. No. L-11515 – 42 Phil. 845 – Mercantile Law – Law on Transportation – General Averages – Stranding by Reason of War The International Harvester Company in Russia (IHCR), an American Company, contracted the Hamburg-American Line (HAL) to transport 852 crates of agricultural machinery from Baltimore, Maryland (USA) to Hamburg, Germany, […]
G.R. No. L-6393 – 96 Phil. 504 – Mercantile Law – Transportation - General Averages - Stranding of a Vessel In 1949, SS San Antonio, owned by A. Magsaysay, Inc. (AMInc), embarked on its voyage to Batanes via Aparri. It was carrying various cargoes, one of which was owned by […]
G.R. NO. 147748 – 487 SCRA 423 – Mercantile Law – Law on Insurance – Contract of Adhesion – Contract Binds Parties – Pre-Need Plan – when insurance may not pay Visitacion Gaw bought a transferable pre-need plan from Pacific Plans in 1982. The plan provides that in case of […]
G.R. No. 75915-16 – 214 SCRA 41 – Civil Law – Preliminary Title – Prescriptive Dates – Prescription of RightsMercantile Law – Law on Insurance – Insurable Interest; when not present In February 1981, the spouses Go It Bun and Choi Ping Tai insured their property with Cathay Insurance Co., Inc. […]