Diosdado Ty insured his left hand with 8 insurance companies, paying a premium of P3.60 for each policy. He later suffered injuries to his left hand while escaping a factory fire, including fractures to several fingers. He made claims to the insurance companies but they denied coverage as the policies only provided indemnity for "loss of hand by amputation", and Ty's hand was not amputated, only temporarily disabled. Ty sued the companies but lost. The Supreme Court upheld the trial court's decision, finding that the clear terms of the policies required amputation, not just temporary disability, for coverage of loss of hand. While sympathetic to Ty, the Court said it could not go beyond the express wording
Diosdado Ty insured his left hand with 8 insurance companies, paying a premium of P3.60 for each policy. He later suffered injuries to his left hand while escaping a factory fire, including fractures to several fingers. He made claims to the insurance companies but they denied coverage as the policies only provided indemnity for "loss of hand by amputation", and Ty's hand was not amputated, only temporarily disabled. Ty sued the companies but lost. The Supreme Court upheld the trial court's decision, finding that the clear terms of the policies required amputation, not just temporary disability, for coverage of loss of hand. While sympathetic to Ty, the Court said it could not go beyond the express wording
Diosdado Ty insured his left hand with 8 insurance companies, paying a premium of P3.60 for each policy. He later suffered injuries to his left hand while escaping a factory fire, including fractures to several fingers. He made claims to the insurance companies but they denied coverage as the policies only provided indemnity for "loss of hand by amputation", and Ty's hand was not amputated, only temporarily disabled. Ty sued the companies but lost. The Supreme Court upheld the trial court's decision, finding that the clear terms of the policies required amputation, not just temporary disability, for coverage of loss of hand. While sympathetic to Ty, the Court said it could not go beyond the express wording
Diosdado Ty insured his left hand with 8 insurance companies, paying a premium of P3.60 for each policy. He later suffered injuries to his left hand while escaping a factory fire, including fractures to several fingers. He made claims to the insurance companies but they denied coverage as the policies only provided indemnity for "loss of hand by amputation", and Ty's hand was not amputated, only temporarily disabled. Ty sued the companies but lost. The Supreme Court upheld the trial court's decision, finding that the clear terms of the policies required amputation, not just temporary disability, for coverage of loss of hand. While sympathetic to Ty, the Court said it could not go beyond the express wording
DIOSDADO C. TY, plaintiff-appellant, vs. FIRST NATIONAL SURETY & ASSURANCE CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-16139 April 29, 1961. DIOSDADO C. TY, plaintiff-appellant, vs. ASSOCIATED INSURANCE & SURETY CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-161! April 29, 1961 DIOSDADO C. TY, plaintiff-appellant, vs. UNITED INSURANCE CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-1611 April 29, 1961. DIOSDADO C. TY. plaintiff-appellant, vs. "#ILI""INE SURETY & INSURANCE CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-1612 April 29, 1961. DIOSDADO C. TY, plaintiff-appellant, vs. RELIANCE SURETY & INSURANCE CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-1613 April 29, 1961 DIOSDADO C. TY, plaintiff-appellant, vs. FAR EASTERN SURETY & INSURANCE CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-161 April 29, 1961 DIOSDADO C. TY, plaintiff-appellant, vs. CA"ITAL INSURANCE & SURETY CO., INC., defendant-appellee. x---------------------------------------------------------x G.R. No. L-161$ April 29, 1961 DIOSDADO C. TY, plaintiff-appellant, vs. CA"ITAL INSURANCE & SURETY CO., INC., defendant-appellee. V. B. Gesunundo for plaintiff-appellant. M. Perez Cardenas for defendant-appellee. LA%RADOR, J.& Appeal from a judgment of the Court of First Instance of Manila, Hon. Gregorio . !arvasa, presiding, dismissing the actions filed in the a"ove-entitled cases. #he facts found "$ the trial court, %hich are not disputed in this appeal, are as follo%s& At different times %ithin a period of t%o months prior to 'ecem"er (), *+,-, the plaintiff herein 'iosdado C. #$, emplo$ed as operator mechanic foreman in the .road%a$ Cotton Factor$, in Grace /ar0, Caloocan, 1i2al, at a monthl$ salar$ of /*3,.44, insured himself in *3 local insurance companies, among %hich "eing the eight a"ove named defendants, %hich issued to him personal accident policies, upon pa$ment of the premium of /3.*( for each polic$. /laintiff5s "eneficiar$ %as his emplo$er, .road%a$ Cotton Factor$, %hich paid the insurance premiums. 6n 'ecem"er (), *+,-, a fire "ro0e out %hich totall$ destro$ed the .road%a$ Cotton Factor$. Fighting his %a$ out of the factor$, plaintiff %as injured on the left hand "$ a heav$ o"ject. He %as "rought to the Manila Central 7niversit$ hospital, and after receiving first aid there, he %ent to the !ational 6rthopedic Hospital for treatment of his injuries %hich %ere as follo%s& *. Fracture, simple, proximal phalanx index finger, left8 (. Fracture, compound, comminuted, proximal phalanx, middle finger, left and (nd phalanx, simple8 -. Fracture, compound, comminute phalanx, )th finger, left8 ). Fracture, simple, middle phalanx, middle finger, left8 ,. 9acerated %ound, sutured, volar aspect, small finger, left8 :. Fracture, simple, chip, head, *st phalanx, ,th digit, left. He under%ent medical treatment in the 6rthopedic Hospital from 'ecem"er (:, *+,- to Fe"ruar$ 3, *+,). #he a"ove-descri"ed ph$sical injuries have caused temporar$ total disa"ilit$ of plaintiff5s left hand. /laintiff filed the corresponding notice of accident and notice of claim %ith all of the a"ovenamed defendants to recover indemnit$ under /art II of the polic$, %hich is similarl$ %orded in all of the policies, and %hich reads pertinentl$ as follo%s& I!';M!I#< F61 #6#A9 61 /A1#IA9 'IA.I9I#< If the Insured sustains an$ .odil$ Injur$ %hich is effected solel$ through violent, external, visi"le and accidental means, and %hich shall not prove fatal "ut shall result, independentl$ of all other causes and %ithin sixt$ =:4> da$s from the occurrence thereof, in #otal or /artial 'isa"ilit$ of the Insured, the Compan$ shall pa$, su"ject to the exceptions as provided for hereinafter, the amount set opposite such injur$& /A1#IA9 'IA.I9I#< 96 6F& x x x x x x x x x ;ither hand ............................................................................ /:,4.44 x x x x x x x x x ... #he loss of a hand shall mean the loss "$ amputation through the "ones of the %rist.... 'efendants rejected plaintiff5s claim for indemnit$ for the reason that there "eing no severance of amputation of the left hand, the disa"ilit$ suffered "$ him %as not covered "$ his polic$. Hence, plaintiff sued the defendants in the Municipal Court of this Cit$, and from the decision of said Court dismissing his complaints, plaintiff appealed to this Court. ='ecision of the Court of First Instance of Manila, pp. ((-- ((:, 1ecords>. In vie% of its finding, the court a"solved the defendants from the complaints. Hence this appeal. #he main contention of appellant in these cases is that in order that he ma$ recover on the insurance policies issued him for the loss of his left hand, it is not necessar$ that there should "e an amputation thereof, "ut that it is sufficient if the injuries prevent him from performing his %or0 or la"or necessar$ in the pursuance of his occupation or "usiness. Authorities are cited to the effect that ?total disa"ilit$? in relation to one5s occupation means that the condition of the insurance is such that common prudence re@uires him to desist from transacting his "usiness or renders him incapa"le of %or0ing. =): C.A.., +B4>. It is also argued that o"scure %ords or stipulations should "e interpreted against the person %ho caused the o"scurit$, and the ones %hich caused the o"scurit$ in the cases at "ar are the defendant insurance companies. Chile %e s$mpathi2e %ith the plaintiff or his emplo$er, for %hose "enefit the policies %ere issued, %e can not go "e$ond the clear and express conditions of the insurance policies, all of %hich define partial disa"ilit$ as loss of either hand "$ amputation through the "ones of the %rist.? #here %as no such amputation in the case at "ar. All that %as found "$ the trial court, %hich is not disputed on appeal, %as that the ph$sical injuries ?caused temporar$ total disa"ilit$ of plaintiff5s left hand.? !ote that the disa"ilit$ of plaintiff5s hand %as merel$ temporar$, having "een caused "$ fracture of the index, the middle and the fourth fingers of the left hand. Ce might add that the agreement contained in the insurance policies is the la% "et%een the parties. As the terms of the policies are clear, express and specific that onl$ amputation of the left hand should "e considered as a loss thereof, an interpretation that %ould include the mere fracture or other temporar$ disa"ilit$ not covered "$ the policies %ould certainl$ "e un%arranted. CH;1;F61;, the decision appealed from is here"$ affirmed, %ith costs against the plaintiff-appellant. Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.., Barrera, Paredes and !izon, JJ., concur.