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Spouses Cha vs. Ca
Spouses Cha vs. Ca
FACTS:
Spouses Nilo Cha and Stella Uy-Cha and CKS Development Corporation entered a 1 year lease
contract with a stipulation not to insure against fire the chattels, merchandise, textiles, goods
and effects placed at any stall or store or space in the leased premises without first obtaining
the written consent and approval of the lessor. But it insured against loss by fire their
merchandise inside the leased premises for P500,000 with the United Insurance Co., Inc.
without the written consent of CKS.
On the day the lease contract was to expire, fire broke out inside the leased premises and CKS
learning that the spouses procured an insurance wrote to United to have the proceeds be paid
directly to them. But United refused so CKS filed against Spouses Cha and United.
RTC: United to pay CKS the amount of P335,063.11 and Spouses Cha to pay P50,000 as
exemplary damages, P20,000 as attorney’s fees and costs of suit.
ISSUE:
W/N the CKS has insurable interest because the spouses Cha violated the stipulation
HELD: