Professional Documents
Culture Documents
3 Insurance Matrix Oct. 15 2018
3 Insurance Matrix Oct. 15 2018
GULF RESORT INC. v. PHIL. CHARTER Plaintiff is the owner of Plaza Resort and had its Petitioner cannot focus on the earthquake shock All the provisions of the
G.R. No. 156167 properties in said resort insured: endorsement to the exclusion of the other insurance policy should be
16 May 2005 provisions. All the provisions and riders, taken and examined and interpreted
“Copy paste provisions from 1st insurer” 1st (1988-90) → AHAC-AIU → 4 policies which interpreted together, indubitably show the intention in consonance with each
extended the risk of loss from earthquake shock to of the parties to extend earthquake shock other.
Plaintiff’s 2 swimming pools (Item #5 in the policy). coverage to the two swimming pools only.
NON-LIFE
The General Rule that
POLICY OWNER Gulf Resort Inc 2nd (1990-91) → Phil Charter Insurance Corp → 1. In the designation of the location of the risk, only “insurance contracts are
Plaintiff agreed to insure w/ PCIC the “same the 2 swimming pools were indicated. contracts of adhesion which
properties covered by other policies” PROVIDED should be liberally construed
INSURER AHAC-AIU (first)
that the policy wording and rates in said policy be 2. An insurance premium is the consideration paid in favor of the insured and
PCIC (second)
copied in the policy to be issued by PCIC an insurer for undertaking to indemnify the insured strictly against the insurer
INSURED Plaza Resort’s 2 against a specified peril. In the subject policy, no company which usually
swimming pools In the policy issued by the PCIC, there was a premium payments were made with regard to prepares it” cannot apply
RISK/PERIL Earthquake shock shock endorsement which stated: “In earthquake shock coverage, except on the two when the intent of the
BENEFICIARY Gulf Resort consideration of the payment by the insured to swimming pools. There is no mention of any policy is not ambiguous.
the company of the sum included additional premium payable for the other resort properties with
WRONGDOER n/a
premium the Company agrees, notwithstanding regard to earthquake shock.
REINSURER n/a
what is stated in the printed conditions of this
policy due to the contrary, that this insurance 2. Phrase “Subject to: Other Insurance Clause,
covers loss or damage to shock to any of the Typhoon Endorsement, Earthquake Shock
property insured by this Policy occasioned by or Endorsement, Extended Coverage Endorsement,
through or in consequence of earthquake ;” FEA Warranty & Annual Payment Agreement on
Long Term Policies” → this phrase is merely an
Plaintiff contends that the policys earthquake enumeration of the descriptive titles of the riders,
shock endorsement clearly covers all of the clauses, warranties or endorsements to which the
properties insured and not only the swimming policy is subject as required by the Insurance Code
pools. It used the words any property insured by and not proof of intent to extend the coverage to
this policy, and it should be interpreted as all earthquake shocks
inclusive. They contend that the qualification
referring to the two swimming pools had already 3. Earthquake shock endorsement → deleted the
been deleted in the earthquake shock qualification limiting the coverage to the 2
endorsement. swimming pools; not significant because the
earthquake shock clause can’t stand alone
W/N the subject insurance policy covers all
earthquake damages to the properties within The GR (see doctrine) cannot apply to this case
Petitioner’s resort --- NO, just the 2 swimming because Petitioner cannot claim it did not know the
pools provisions of the policy. From the inception of the
policy, petitioner had required the respondent to
copy verbatim the provisions and terms of its latest
insurance policy from AHAC-AIU.
- “contracts of adhesion” rule cannot apply
because the intent to limit the coverage of the
CASE TITLE FACTS HELD DOCTRINE
PINEDA V. CA Prime Marine Services, Inc. (PMSI, for brevity), a Group insurance is essentially a single insurance Group insurance is a
G.R. No. 105562 crewing/manning outfit, procured Group Policy contract that provides coverage for many contract where a group of
Sept. 27, 1993 from Insular Life Assurance Co., Ltd. to provide life individuals. In its original and most common form, individuals are covered
“Group Insuruance” insurance coverage to its sea-based employees group insurance provides life or health insurance under one master contract.
enrolled under the plan. During the effectivity of coverage for the employees of one employer. The individual underwriting
the policy, six covered employees of the PMSI characteristics of each
LIFE
perished at sea when their vessel, M/V Nemos, Insular Life knew that a power of attorney in favor of individual is not considered
POLICY OWNER Prime Marine Services sank. They were survived by petitioners, the Capt. Nuval for the collection and receipt of the in the determination of
Inc. (policyholder) beneficiaries under the policy. insurance proceeds was a deviation from its whether the individual is
practice with respect to group policies. “The insurable or not. The
INSURER Insular Life Assurance
Petitioners were made to execute special powers practice of our company in claim pertaining to contract is between the
Company, Ltd.
of attorney authorizing Capt. Nuval to, among group insurance, the p olicyholder is the one who policyholder and the
INSURED Seamen (employees of others 'follow up, ask, demand, collect and files the claim for the beneficiaries of the deceased. insurance company. In our
Prime Marine; receive' for their benefit indemnities of sums of At that time, Capt. Noval [sic] is the President and case, it is Prime Marine and
husbands/sons of money due them relative to the sinking of M/V General Manager of Prime Marine… Yes because Insular Life. We do not have
petitioners) Nemos. By virtue of these written powers of group insurance is normally taken by the employer contractual obligations with
RISK/PERIL Life attorney, petitioners were able to receive their as an employee-benefit program and as such, the the individual employees; it
BENEFICIARY Families of insured respective death benefits. benefit should be awarded by the policyholder to is between Prime Marine
(petitioners in this case) make it appear that the benefit really is given by and Insular Life.
Unknown to them, however, the PMSI, in its the employer." Payment of claims is coursed
WRONGDOER Insular Life and Capt.
capacity as employer and policyholder of the life through the policyholder, in this case PMSI, without
Nuval
insurance of its deceased workers, filed with need for any power of attorney.
REINSURER n/a
Insular Life formal claims for and in behalf of the
beneficiaries, through its President, Capt. Nuval. Even granting for the sake of argument that the
Among the documents submitted by the latter for special powers of attorney were in due from, Insular
the processing of the claims were the five special Life was grossly negligent in delivering the checks,
powers of attorney executed by petitioners. On drawn in favor of the petitioners, to a party who is
the basis of these and other documents duly not the agent mentioned in the special power of
submitted, Insular Life drew against its account six attorney.
(6) checks, four for P200,000.00 each, one for
P50,000.00 and another for P40,000.00, payable to In the light of the above disquisitions and after a
the order of petitioners. These checks were examination of the facts of this case, we hold that
released to the treasurer of PMSI which were PMSI, through its President and General Manager,
endorsed to and deposited in Capt. Nuval’s own Capt. Nuval, acted as the agent of Insular Life.
account with the Commercial Bank of Manila, Insular Life is thus bound by the misconduct of its
now Boston Bank. agent and is liable to pay petitioners.
After petitioners learned that they were entitled, Addendum:
as beneficiaries, to life insurance benefits under a The coverage terms for group insurance are usually
group policy with Insular Life, they sought to stated in a master agreement or policy that is issued
recover these benefits from Insular Life but the by the insurer to a representative of the group or to
latter denied their claim on the ground that the an administrator of the insurance program, such as
liability to complainants-appellees was already an employer. The employer acts as a functionary in
extinguished upon delivery to and receipt by PMSI the collection and payment of premiums and in
CASE TITLE FACTS HELD DOCTRINE
of the six (6) checks issued in their names. performing related duties. Likewise falling within the
ambit of administration of a group policy is the
WHETHER PETITIONERS, AS BENEFICIARIES UNDER disbursement of insurance payments by the
THE GROUP POLICY, ARE STILL ENTITLED TO employer to the employees. Most policies, such as
RECOVER THE BENEFITS. - YES the one in this case, require an employee to pay a
portion of the premium, which the employer
deducts from wages while the remainder is paid by
the employer. This is known as a contributory plan as
compared to a non-contributory plan where the
premiums are solely paid by the employer.
VDA. DE SINDAYEN V. INSULAR ARTURO SINDAYEN (linotype operator) obtained a PAR. 3. That the said policy shall not take effect until Delivery of the policy may
G.R. No. 41702 life insurance policy from Insular in which the the first premium has been paid and the policy has be made by mail or to a
September 4, 1935 Company accepted JAN. 11, 1933. It was agreed been delivered to and accepted by me, while I am duly constituted agent.
“Delivery of Policy to Agent” with the agent that the policy, when and if issued, in good health.
should be delivered to his aunt with whom he left When the policy is issued
sum of P26.06 to complete the payment of the COMPANY’S DEFENSE - policy never took effect and delivered it is plainly not
LIFE
first annual premium of P40.06. because of paragraph 3 of the application above within the intention of the
POLICY OWNER Arturo SIndayen quoted, for at the time of its delivery by the agent parties that there should be
ARTURO abruptly passed away on JAN 19, 1933. as aforesaid the insured was not in good health. The any questions held in
policy was not delivered to and accepted by the abeyance or reserved for
INSURER Insular Life Assurance
The policy which the company issued was insured in person. future determination. It
Company, Ltd.
received by its agent in Tarlac (JAN 16, 1933) and would be a most serious
INSURED Arturo SIndayen delivered the policy to Felicidad Estrada (Aunt) SC - see doctrine. It is more consonant with the well handicap to business if the
RISK/PERIL Death (JAN 18, 1933) upon payment of the balance of known practice of life insurance companies and very existence of the
BENEFICIARY Widow - Camiling the first year’s annual premium. The agent asked the evidence in the present case to rest our contract remains in doubt
Felicidad Estrada if her nephew was in good decision on the proposition that Mendoza was even though the policy has
WRONGDOER N/A
health and she replied that she believed so. He authorized by the company to make the delivery of been issued and delivered
REINSURER N/A
gave her the policy. The agent learned of the the policy when he received the payment of the with all the formalities
death of Arturo Sindayen and the aunt to return first premium and he was satisfied that the insured required by the law. The
the policy. (JAN 20, 1933) He did not return or was in good health. delivery of the policy to the
offer to return the premium paid. The aunt gave insured by an agent is the
him the policy. The evidence in the record shows that Mendoza final act which binds the
had the authority, given him by the company, to company and insured in the
The company obtained from the beneficiary, the withhold the delivery of the policy to the insured absence of fraud or other
widow of Arturo Sindayen, her signature to a legal “until the first premium has been paid and the legal ground for rescission.
document entitled “ACCORD, SATISFACTION AND policy has been delivered to and accepted by me The fact that the agent to
RELEASE” In consideration of the sum of P40.06 (the insured) while I am in good health. Mendoza’s whom it has entrusted this
paid to her by a check of the company, she decision that the condition had been met by the duty is derelict or negligent
discharged the company for all claims . The said insured and that it was proper to make a delivery of or even dishonest in the
check for P40.06 was never cashed but returned the policy to him is just as binding on the company performance of the duty
to the company. The widow brought action to as if the decision had been made by its board of which has been entrusted to
enforce payment of the policy. The first premium directors. him would create a liability
was already paid by the insured covering the of the agent to the
period from December 1, 1932. It is to December It is the interest not only the applicant but of all company but does not
1, 1933. Hence, this appeal. insurance companies as well that there should be resolve the company’s
CASE TITLE FACTS HELD DOCTRINE
some act which gives the applicant the definite obligation based upon the
WHETHER THE POLICY IS EFFECTIVE - YES. THE assurance that the contract has been authorized acts of the agent
POLICY WAS DELIVERED consummated. A cloud will be thrown over the toward a third party who
entire insurance business if the condition of health of was not in collusion with the
the insured at the time of delivery of the policy may agent.
be required into years afterwards with the view to
avoiding the policy on the ground that it never took
effect because of an alleged lack of good health,
at the time of delivery.