5/7/2020 Harvardian Colleges of San Fernando Pampanga, Inc. v. Country Bankers Insurance Corp.

surance Corp. – IBP Zamboanga del Norte Chapter

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Fernando Pampanga, Inc. v. Country
 Articles
Bankers Insurance Corp.
1986, 1 SCRA 1
 Case Digests
FACTS:
 Chapter News
Harvardian is a family corporation, the stockholders of which are
 Uncategorized Ildefonso Yap, Virginia King Yap and their children.Prior to Aug. 9,

1979, an agent of Country Bankers proposed to Harvardian to insure

its school building. Although at first reluctant, Harvardian
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agreed.Country Banks sent an inspector to inspect the school

building and agreed to insure the same for P500,000 for which
 CMS Logging
Harvardian paid an annual premium of P2,500.
Inc. v. Court of

Appeals On Aug. 9, 1979, Country Bankers issued to Harvardian a fire

insurance policy. On March 12, 1980, during the effectivity of said
 Lim v. Saban
insurance policy, the insured property was totally burned rendering it
a total loss.A claim was made by plaintiff upon defendant but
 Eurotech
defendant denied it contending that plaintiff had no insurable interest
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over the building constructed on the piece of land in the name of the
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late Ildefonso Yap as owner.
Inc. v. Cuizon

Copyright © 2017 - 2020 IBP Zamboanga del Norte Chapter. All rights
It was contended that both the lot and the building were
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 Manila Remnant
reserved.
Ildefonso Yap and NOT by the Harvardian Colleges.
Co., Inc. v. Court
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5/7/2020 Harvardian Colleges of San Fernando Pampanga, Inc. v. Country Bankers Insurance Corp. – IBP Zamboanga del Norte Chapter

of Appeals ISSUE:

 Bedia v. White Whether or not Harvardian colleges has a right to the proceeds.

HELD:

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Yes. Harvardian has a right to the proceeds.

 Marjorie
Regardless of the nature of the title of the insured or even if he did
Mejorada-
not have title to the property insured, the contract of fire insurance
Cuenco on 13
should still be upheld if his interest in or his relation to the property is
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such that he will be benefited in its continued existence or suffer a
pass 2017 Bar
direct pecuniary loss from its destruction or injury. The test in
Exam
determining insurable interest in property is whether one will derive

pecuniary benefit or advantage from its preservation, or will suffer

 Prescription on
IBP-ZN joins pecuniary loss or damage from its destruction, termination or injury

community by the happening of the event insured against.

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Here Harvardian was not only in possession of the building but was
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in fact using the same for several years with the knowledge and
consent of Ildefonso Yap. It is reasonably fair to assume that had the
 Ronald on
building not been burned, Harvardian would have been allowed the
Salient features
continued use of the same as the site of its operation as an
of the Revised
educational institution. Harvardian therefore would have been directly
Guidelines for
benefited by the preservation of the property, and certainly suffered a
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pecuniary loss by its being burned.
of Criminal
Cases
*Case Digest by Honeyleth Luvie T. Hayag, Ll.B.-4, Andres Bonifacio

Law School, SY 2018-2019

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