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Reply - Accident Insurance Case - NARAG LAW OFFICE
Reply - Accident Insurance Case - NARAG LAW OFFICE
Department of Finance
INSURANCE COMMISSION
1071 United Nations Avenue
City of Manila
CAROLINA D. DECENA,
Complainant,
REPLY
(WITH MOTION TO DECLARE RESPONDENT AS IN DEFAULT)
Reply. A reply may be filed within ten (l0) days from service of the
pleading responded to.1
(emphases supplied)
1
Sec. 6, Rule 11 of the Rules of Court
2
Section 1, Rule 20 of the Rules of Procedure Governing Trial and Hearing of claims Cases of the IC
PRELIMINARY MATTERS
3
Section 1, Rule 5 of the Rules of Procedure Governing Trial and Hearing of claims Cases of the IC
and eat it too. It even wants us to believe that an accidental
death claim benefit is not an accident benefit. This cannot be
so. All the benefits enumerated on Annex 2 of the respondents
Answer are accidental benefits.
10. Granting for the sake of argument that the illness pre-existed, we
respectfully present to this Honorable Commission some
insurance cases granting claims for accident-aggravated
illnesses, viz:
4
G.R. No. L-26173, October 31, 1969
In Vicente V.Workmen's Compensation Commission5, the
Supreme Court ruled:
How long a time between the accident and the illness and yet the
illness be the result of the accident? No time can be arbitrarily
set down. Many persons who at first suffer a little, later develop
very serious symptoms. If it be shown that, notwithstanding the
existence of arteriosclerosis, the man was in good condition, and
that dating from the accident mental and physical decay began, it is
reasonable to suppose that the injury was the exciting cause. (Osler
and McCrae, Modern Medicines, its Theory and Practice, p. 649.).
5
G.R. No. L-18241 , December 27, 1963
6
G.R. No. L-19926 , April 30, 1965
not covered by the policy. In the two times that Mr. Decena had
filed a claim, respondent never questioned it. Now that he is
dead, respondent suddenly does, thereby denying Mr. Decena a
chance to refute it. With all due respect, respondent is now
estopped from belatedly questioning its own earlier judgment.
xxx
Las Pias City for the City of Manila, August 24, 2017.
By:
ROSELLE ANNE B. CATIPAY
Roll No. 69159
PTR No. 11324507J/05-31-2017
Lifetime Member No. 016516
MCLE Exempted
(MCLE Governing board Order No. 1 S.2008)
MARIO P. NARAG, JR., CPA
Roll No. 56274
PTR No. 11204844/01-03-2017
IBP No. 1057397/01-05-2017
MCLE Compliance No. V-0020347
dated April 11, 2016
NOTICE
Copy furnished:
EXPLANATION OF SERVICE
(In compliance with Sec. 11, Rule 13 of the Rules of Court,
applied in a suppletory character)