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INSURANCE BAR QUESTIONS

BJ GIRLS
Jacob obtained a life insurance policy for P1
1990-2013 Examinations Million designating irrevocably Diwata, a friend, as
his beneficiary. Jacob, however, changed his mind
Beneficiary: Effects: Irrevocable Beneficiary (2005)
and wants Yob and Jojo, his other friends, to be
included as beneficiaries considering that the
What are the effects of an irrevocable designation
proceeds of the policy are sufficient for the three
of a beneficiary under the Insurance Code?
friends. Can Jacob still add Yob and Jojo as his
Explain. (2%)
beneficiaries? Explain. (2%)

SUGGESTED ANSWER:

SUGGESTED ANSWER:

The irrevocable designation gives the beneficiary a
No, Jacob can no longer add Yob and Jojo as his
vested right over Life Insurance. The Insured cannot
beneficiaries in addition to Diwata. As the irrevocable
act to divest the irrevocable beneficiary, in whole or in
beneficiary, Diwata has acquired a-vested right over
part, without the beneficiary's consent.
Jacob's life insurance policy. Any additional
beneficiaries will reduce the amount which Diwata, as
To be specific:
the first beneficiary, may recover, which will
(1) The beneficiary designated in a life insurance adversely affect her vested right. (Go v. Redfern, G.R.
contract cannot be changed without the consent of the No. 47705, April 25, 1941)
beneficiary because he has a vested interest in the
Beneficiary; Life Insurance; Prohibited
policy (Philamlife v. Pineda, G.R. No. 54216, July 19,
1989, citing Gcrcio v. Sun Life, G.R. No. 23703, Beneficiaries
(1998)

September 28, 1925; and Go v. Redfern, G.R. No.
Juan de la Cruz was issued Policy No. 8888 of the
47705, April 25, 1841);
Midland Life Insurance Co on a whole life plan for
(2) Neither can the Insured take the cash surrender P20,000 on August 19, 1989. Juan is married to
value, assign or even borrow on said policy without Cynthia with whom he has three legitimate
the beneficiary's consent (Nario v. Philamlife, G.R. children. He, however, designated Purita, his
No. 22796, June 26, 1967); common-law wife, as the revocable beneficiary.
Juan referred to Purita in his application and
(3) The Insured cannot add another beneficiary policy as the legal wife. 3 years later, Juan died.
because that would reduce the amount which the first Purita filed her claim for the proceeds of the policy
beneficiary may recover and therefore adversely affect as the designated beneficiary therein. The widow,
his vested right (Go v. Redfem, G.R. No. 47705, April Cynthia, also filed a claim as the legal wife. To
25, 1941); whom should the proceeds of the insurance policy
be awarded? (5%)
(4) Unless the policy allows, the Insured cannot even
designate another beneficiary should the original SUGGESTED ANSWER:
beneficiary predecease him. His estate acquires the
beneficiary's vested right upon his death; and The proceeds of the insurance policy shall be awarded
to the ESTATE of Juan de la Cruz. Purita, the
(5) The Insured cannot allow his creditors to attach or common- law-wife, is disqualified as the beneficiary
execute on the policy. (Philamlife v. Pineda, G.R. No. of the deceased because of illicit relation between the
54216, July 19, 1989) deceased and Purita, the designated beneficiary. Due
to such illicit relation, Purita cannot be a donee of the
Beneficiary: Rights; Irrevocable Beneficiary (2005) deceased. Hence, she cannot also be his beneficiary.
INSURANCE BAR QUESTIONS
BJ GIRLS
Concealment; Material Concealment (2001) from September 23, 1990.

A applied for a non-medical life insurance. The The right of the insurer to rescind is only lost if the
insured did not inform the insurer that one week beneficiary has commenced an action on the policy.
prior to his application for insurance, he was There is no such action in this case. (Tan v CA 174 s
examined and confined at St. Luke‘s Hospital 143)
where he was diagnosed for lung cancer. The
insured soon thereafter died in a plane crash. Is the Concealment; Material Concealment: Incontestability
insurer liable considering that the fact concealed Clause (1996)
had no bearing with the cause of death of the
insured? Why? (5%) 
Juan procured a ―non-medical‖ life insurance
from Good Life Insurance. He designated his wife,
SUGGESTED ANSWER: Petra, as the beneficiary. Earlier, in his application
in response to the question as to whether or not he
No. The concealed fact is material to the approval and had ever been hospitalized, he answered in the
issuance of the insurance policy. It is well settled that negative. He forgot to mention his confinement at
the insured need not die of the disease he failed to the Kidney Hospital.
disclose to the insurer. It is sufficient that his
nondisclosure misled the insurer in forming his After Juan died in a plane crash, Petra filed a claim
estimate of the risks of the proposed insurance policy with Good Life. Discovering Juan‘s previous
or in making inquiries. hospitalization, Good Life rejected Petra‘s claim on
the ground of concealment and misrepresentation.
Concealment; Material Concealment: Incontestability Petra sued Good Life, invoking good faith on part
Clause (1994) of Juan.


On September 23, 1990, Tan took a life insurance Will Petra‘s suit prosper? Explain.
policy from Philam. The policy was issued on
November 6, 1990. He died on April 26, 1992 of SUGGESTED ANSWER:
hepatoma. The insurance company denied the
No, Petra‘s suit will not prosper (assuming that the
beneficiaries‘ claim and rescinded the policy by
policy of life insurance has been in force for a period
reason of alleged misrepresentation and
of less than 2 years from the date of its issue). The
concealment of material facts made by Tan in his matters which Juan failed to disclose was material and
application. It returned the premiums paid. relevant to the approval and issuance of the insurance
policy. They would have affected Good Life‘s action
The beneficiaries contend that the company had no on his application, either by approving it with the
right to rescind the contract as rescission must be corresponding adjustment for a higher premium or
done ―during the lifetime‖ of the insured within rejecting the same. Moreover, a disclosure may have
two years and prior to the commencement of the warranted a medical examination of Juan by Good Life
action. Is the contention of the beneficiaries in order for it to reasonably assess the risk involved in
tenable? accepting the application. In any case, good faith is no
defense in concealment. The waiver of a medical
SUGGESTED ANSWER: examination in the ̳non-medical‘ life insurance from
Good Life makes it even more necessary that Juan
No. The incontestability clause does not apply. The supply complete information about his previous
insured dies within less than two years from the hospitalization for such information constitutes an
issuance of the policy on September 23, 1990. The important factor which Good Life takes into
insured died on April 26, 1992, or less than 2 years consideration in deciding whether to issue the policy
INSURANCE BAR QUESTIONS
BJ GIRLS
or not. (See Sunlife Assurance Co of Canada v CA GR Concealment; Material Concealment; Incontestability
105135, June 22, 1995 245 s 268) Clause (1991)


If the policy of life insurance has been in force for a Atty Roberto took out a life insurance policy from the
period of 2 years or more from the date of its issue (on Dana Ins Co (DIC) on 1 Sep 1989. On 31 Aug 1990,
which point the given facts are vague) then Good Life Roberto died. DIC refused to pay his beneficiaries
can no longer prove that the policy is void ab initio or because it discovered that Robert had
is rescindible by reason of the fraudulent concealment misrepresented certain material facts in his
or misrepresentation of Juan ( Sec 48 Ins Code) application. The beneficiaries sued on the basis that
DIC can contest the validity of the insurance policy
Concealment; Material Concealment: Incontestability only within 2 years from the date of issue and
Clause (1997)
 during the lifetime of the insured. Decide the case.

The assured answers ― “No” to the question in the SUGGESTED ANSWER:


application for a life policy: ―Are you suffering
from any form of heart illness?‖ In fact, the assured I would rule in favor of the insurance company. The
has been a heart patient for many years. On 7 Sep incontestability clause, applies only if the policy had
been in effect for at least 2 years. The 2 year period is
1991, the assured is killed in a plane crash. The
counted from the time the insurance becomes effective
insurance company denies the claim for insurance
until the death of the insured and not thereafter (Tan v
proceeds and returns the premiums paid. Is the
CA GR 48044 29Jun1989)
decision of the insurance company justified?
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
I would rule in favor of the insurance company.
Assuming that the incontestability clause does not
Although an insurer may not rescind the contract on
apply because the policy has not been in force for 2
ground of misrepresentation after an action is
years, from the date of issue, during the lifetime of the
commenced for recovery under the policy, the insurer
insured, the decision of the insurance company not to
is not precluded from invoking the ground of
pay is justified. There was fraudulent concealment. It
misrepresentation as a defense in the action for
is not material that the insured died of a different cause
recovery. This is alright since the bar problem is not
than the fact concealed. The fact concealed, that is
covered yet by the incontestability clause.
heart ailment, is material to the determination by the
insurance company whether or not to accept the
Concealment; Material Concealment; Incontestability
application for insurance and to require the medical Clause (1998)
examination of the insured.

Renato was issued a life insurance policy on
However, if the incontestability clause which applies
January 2, 1990. He concealed the fact that 3 years
to the insurance policy covering the life of the insured
prior to the issuance of his life insurance policy, he
had been in force for 2 years from issuance thereof, the
had been seeing a doctor about his heart ailment.
insurance company would not be justified in denying
the claim for proceeds of the insurance and in returning On March 1, 1992, Renato died of heart failure.
the premium paid. In that case, the insurer cannot May the heirs file a claim on the proceeds of the life
prove the policy void ab initio or rescindible by reason insurance policy of Renato? (5%)

of fraudulent concealment or misrepresentation of the
insured. SUGGESTED ANSWER:
INSURANCE BAR QUESTIONS
BJ GIRLS
Yes. The life insurance policy in question was issued A member of the MILF or the Abu Sayyaf may be
on January 9, 1990. More than 2 years had elapsed insured with a company licensed to do business under
when Renato, the insured, died on March 1, 1992. The the Insurance Code of the Phils. What is prohibited to
incontestability clause applies. be insured is a public enemy. A public enemy is a
citizen or national of a country with which the
INCONTESTABILITY CLAUSE Philippines is at war. Such member of the MILF or the
Abu Sayyaf is not a citizen or national of another
The insurer has two years from the date of issuance of country, but of the Philippines.
the insurance contract or of its last reinstatement
within which to contest the policy, whether or not, the Insurable Interest: Separate Insurable Interest (1999)
insured still lives within such period. After two years,
the defenses of concealment or misrepresentation, no A businessman in the grocery business obtained
matter how patent or well founded, no longer lie. from First Insurance an insurance policy for P5M
to fully cover his stocks-in-trade from the risk of
Insurable Interest: Bank Deposit (2000) fire.

BD has a bank deposit of half a million pesos. Since Three months thereafter, a fire of accidental origin
the limit of the insurance coverage of the Philippine broke out and completely destroyed the grocery
Deposit Insurance Corp (PDIC) (RA 3591) is only including his stocks-in-trade. This prompted the
one tenth of BD‘s deposit, he would like some businessman to file with First Insurance a claim for
protection for the excess by taking out an insurance five million pesos representing the full value of his
against all risks or contingencies of loss arising goods.
from any unsound or unsafe banking practices
including unforeseen adverse effects of the First Insurance denied the claim because it
continuing crisis involving the banking and discovered that at the time of the loss, the stocks-in-
financial sector in the Asian region. Does BD have trade were mortgaged to a creditor who likewise
an insurable interest within the meaning of the obtained from Second Insurance Company fire
Insurance Code of the Philippines (PD1460)? (2%) insurance coverage for the stocks at their full value
of P5M. a) May the businessman and the creditor
SUGGESTED ANSWER: obtain separate insurance coverages over the same
stocks- in-trade? Explain (3%) b) First Insurance
Yes. BD has insurable interest in his bank deposit. In refused to pay claiming that double insurance is
case of loss of said deposit, more particularly to the contrary to law. Is this contention tenable? (3%) c)
extent of the amount in excess of the limit covered by Suppose you are the Judge, how much would you
the PDIC Act, PBD will be damnified. He will suffer allow the businessman and the creditor to recover
pecuniary loss of P300,000.00, that is, his bank deposit from their respective insurers. Explain (3%)
of half a million pesos minus P200,000.00 which is the
maximum amount recoverable from the PDIC. SUGGESTED ANSWER:

Insurable Interest: Public Enemy (2000) a) Yes. The businessman, as owner, and the creditor,
as mortgagee, have separate insurable interests in the
May a member of the MILF or its breakaway same stocks-in-trade. Each may insure such interest to
group, the Abu Sayyaf, be insured with a company protect his own separate interest. b) The contention of
licensed to do business under the Insurance Code First Insurance that double insurance is contrary to law
of the Phils (PD 1460)? Explain. (3%) is untenable. There is no law providing that double
insurance is illegal per se.
SUGGESTED ANSWER:
INSURANCE BAR QUESTIONS
BJ GIRLS
Moreover, in the problem at hand, there is no double a) No. In property insurance, the beneficiary must have
insurance because the insured with the First Insurance insurable interest in the property insured. (Sec 18 Ins
is different from the insured with the Second Insurance Code). B does not have insurable interest in the house
Company. The same is true with respect to the interests insured.
insured in the two policies.
b) Yes. In life insurance, it is not required that the
c) As Judge, I would allow the businessman to recover beneficiary must have insurable interest in the life of
his total loss of P5M representing the full value of his the insured. It was the insured himself who took the
goods which were lost through fire. As to the creditor, policy on his own life.
I would allow him to recover the amount to the extent
of or equivalent to the value of the credit he extended Insurable Interest; Life vs. Property Insurance (2000)
to the businessman for the stocks-in-trade which were
mortgaged by the businessman. IS, an elderly bachelor with no known relatives,
obtained life insurance coverage for P250,000.00
Insurable Interest; Equitable Interest (1991) from Starbrite Insurance Corporation, an entity
licensed to engage in the insurable business under
A piece of machinery was shipped to Mr Pablo on the Insurance Code of the Philippines (PD1460). He
the basis of C&F Manila. Pablo insured said also insured his residential house for twice that
machinery with the Talaga Merchants Ins Co amount within the same corporation. He
(Tamic) for loss or damage during the voyage. The immediately assigned all his rights to the insurance
vessel sank en route to Manila. Pablo then filed a proceeds to BX, a friend-companion living with
claim with Tamic which was denied for the reason him. Three years later, IS died in a fire that gutted
that prior to deliver, Pablo had no insurable his insured house two days after he had sold it.
interest. Decide the case. There is no evidence of suicide or arson or
involvement of BX in these events. BX demanded
SUGGESTED ANSWER: payment of the insurance proceeds from the two
policies, the premiums for which IS had been
Pablo had an existing insurable interest on the piece of faithfully paying during all the time he was alive.
machinery he bought. The purchase of goods under a Starbrite refused payment, contending that BX had
perfected contract of sale already vests equitable no insurable interest and therefore was not entitled
interest on the property in favor of the buyer even to receive the proceeds from IS‘s insurance
while it is pending delivery (Filipino Merchants Ins Co coverage on his life and also on his property. Is
v CA GR 85144 28Nov1989) Starbrite‘s contention valid? Explain? (5%)

Insurable Interest; Life vs. Property Insurance (1997) SUGGESTED ANSWER:

a) A obtains a fire insurance on his house and as a Starbrite is correct with respect to the insurance
generous gesture names his neighbor as the coverage on the property of IS. The beneficiary in the
beneficiary. If A‘s house is destroyed by fire, can B property insurance policy or the assignee thereof must
successfully claim against the policy? have insurable interest in the property insured. BX, a
mere friend-companion of IS, has no insurable interest
b) A obtains insurance over his life and names his
in the residential house of IS. BX is not entitled to
neighbor B the beneficiary because of A‘s secret
receive the proceeds from IS‘s insurance on his
love for B. If A dies, can B successfully claim
property.
against the policy?
As to the insurance coverage on the life of IS, BX is
SUGGESTED ANSWER:
entitled to receive the proceeds. There is no
INSURANCE BAR QUESTIONS
BJ GIRLS
requirement that BX should have insurable interest in contract. 1) Is Garapal Insurance legally justified
the life of IS. It was IS himself who took the insurance in refusing payment to Benjie? 2) Is Nat entitled to
on his own life. collect on the insurance policy?

Insurable Interest; Life vs. Property Insurance (2002) SUGGESTED ANSWER:

Distinguish insurable interest in property 1) Yes. At the time of the loss, Benjie was no longer
insurance from insurable interest in life insurance. the owner of the property insured as he failed to
(5%)
 redeem the property. The law requires in property
insurance that a person can recover the proceeds of the
SUGGESTED ANSWER: policy if he has insurable interest at the time of the
issuance of the policy and also at the time when the

a) In property insurance, the expectation of benefit loss occurs. At the time of fire, Benjie no longer had
must have a legal basis. In life insurance, the insurable interest in the property insured.
expectation of benefit to be derived from the continued
existence of a life need not have any legal basis. 2) No. While at the time of the loss he had insurable
interest in the building, as he was the owner thereof,
b) In property insurance, the actual value of the interest Nat did not have any interest in the policy. There was
therein is the limit of the insurance that can validly be no automatic transfer clause in the policy that would
placed thereon. In life insurance, there is no limit to give him such interest in the policy.
the amount of insurance that may be taken upon life.
Insurable Interest; Property Insurance (2001)
c) In property insurance, an interest insured must exist
when the insurance takes effect and when the loss JQ, owner of a condominium unit, insured the same
occurs but need not exist in the meantime. In life against fire with the XYZ Insurance Co., and made
insurance, it is enough that insurable interest exists at the loss payable to his brother, MLQ. In case of loss
the time when the contract is made but it need not exist by fire of the said condominium unit, who may
at the time of loss. recover on the fire insurance policy? State the
reason(s) for your answer. (5%)
Insurable Interest; Property Insurance (1994)
SUGGESTED ANSWER:
In a civil suit, the Court ordered Benjie to pay Nat
P500,000.00. To execute the judgment, the sheriff JQ can recover on the fire insurance policy for the loss
levied upon Benjie‘s registered property (a parcel of said condominium unit. He has the insurable
of land and the building thereon),and sold the same interest as owner-insured. As beneficiary in the fire
at public auction to Nat, the highest bidder. The insurance policy, MLQ cannot recover on the fire
latter, on March 18, 1992, registered with the insurance policy. For the beneficiary to recover on the
Register of Deeds the certificate of sale issued to fire or property insurance policy, it is required that he
him by the sheriff. Meanwhile, on January 27, must have insurable interest in the property insured. In
1993, Benjie insured with Garapal Insurance for this case, MLQ does not have insurable interest in the
P1,000,000.00 the same building that was sold at condominium unit.
public auction to Nat. Benjie failed to redeem the
property by March 18, 1993. Insurance; Cash & Carry Basis (2003)

On March 19, 1993, a fire razed the building to the What is meant by ―cash and carry‖ in the business
ground. Garapal Insurance refused to make good of insurance?
its obligation to Benjie under the insurance
INSURANCE BAR QUESTIONS
BJ GIRLS

SUGGESTED ANSWER: with RSI for P1m and then from EIC for P200th. A
fire of unknown origin gutted the store of the
Insurance; Co-Insurance vs. Re-Insurance (1994) partnership. Julie filed her claims with the three
insurance companies. However, her claims were
Distinguish co-insurance from re-insurance. denied separately for breach of policy condition
which required the insured to give notice of any
SUGGESTED ANSWER:
insurance effected covering the stocks in trade.
Julie went to court and contended that she should
CO-INSURANCE is the percentage in the value of the
not be blamed for the omission, alleging that the
insured property which the insured himself assumes or
insurance agents for WGC, RSI and EIC knew of
undertakes to act as insurer to the extent of the
the existence of the additional insurance coverages
deficiency in the insurance of the insured property. In
and that she was not informed about the
case of loss or damage, the insurer will be liable only
requirement that such other or additional
for such proportion of the loss or damage as the
insurance should be stated in the policy. Is the
amount of insurance bears to the designated
contention of Julie tenable? Explain. May she
percentage of the full value of the property insured.
recover on her fire insurance policies? Explain.
REINSURANCE is where the insurer procures a third
SUGGESTED ANSWER:
party, called the reinsurer, to insure him against
liability by reason of such original insurance.
1) No. An insured is required to disclose the other
Basically, a reinsurance is an insurance against
insurances covering the subject matter of the insurance
liability which the original insurer may incur in favor
being applied for. (New Life Ent v CA 207 s 669)
of the original insured.
2) No, because she is guilty of violation of a warranty/
Insurance; Double Insurance (2005)
condition.

When does double insurance exist? (2%)


Insurance; Effects; Payment of Premiums by
Installment (2006)

SUGGESTED ANSWER:

The Peninsula Insurance Company offered to


Under Section 93 of the Insurance Code, there is
insure Francis' brand new car against all risks in
double insurance when there is over-insurance with
the sum of PI Million for 1 year. The policy was
two or more companies, covering the same property,
issued with the premium fixed at 160,000.00
the same insurable interest and the same risk. Double
payable in 6 months. Francis only paid the first two
insurance exists where the same person is insured by
months installments. Despite demands, he failed to
several insurers separately in respect of the same
pay the subsequent installments. Five months after
subject matter and interests. (Geagonia v. Court of
the issuance of the policy, the vehicle was
Appeals, G.R. No. 114427, February 6, 1995)
carnapped. Francis filed with the insurance
Insurance; Double Insurance; effect (1993) company a claim for its value. However, the
company denied his claim on the ground that he
Julie and Alma formed a business partnership. failed to pay the premium resulting in the
Under the business name Pino Shop, the cancellation of the policy. Can Francis recover
partnership engaged in a sale of construction from the Peninsula Insurance Company? (5%)
materials. Julie insured the stocks in trade of Pino
Shop with WGC Insurance Co for P350th. SUGGESTED ANSWER:
Subsequently, she again got an insurance contract
Yes, when insured and insurer have agreed to the
INSURANCE BAR QUESTIONS
BJ GIRLS
payment of premium by installments and partial Josie Gatbonton obtained from Warranty
payment has been made at the time of loss, then the Insurance Corporation a comprehensive motor
insurer becomes liable. When the car loss happened on vehicle insurance to cover her brand new
the 5th month, the six months agreed period of automobile. She paid, and the insurer accepted
payment had not yet elapsed (UCPB General payment in check. Before the check could be
Insurance v. Masagana Telamart, G.R. No. 137172, encashed, Josie was involved in a motor vehicle
April 4, 2001). Francis can recover from Peninsula accident where her car became a total wreck. She
Insurance Company, but the latter has the right to sought payment from the insurer. Could the
deduct the amount of unpaid premium from the insurer be made liable under the insurance
insurance proceeds. coverage? (6%)


SUGGESTED ANSWER:


Insurance; Life Insurance; Assignment of Policy Yes, because there was a perfected contract of
(1991) insurance the moment there is a meeting of the minds
with respect to the object and the cause of payment.
The policy of insurance upon his life, with a face The payment of check is a valid payment unless upon
value of P100th was assigned by Jose, a married encashment the check bounced.
man with 2 legitimate children, to his nephew Y as
security for a loan of P50th. He did not give the Insurance; Property Insurance; Prescription of
insurer any written notice of such assignment Claims (1996)
despite the explicit provision to that effect in the
policy. Jose died. Upon the claim on the policy by Robin insured his building against fire with EFG
the assignee, the insurer refused to pay on the Assurance. The insurance policy contained the
ground that it was not notified of the assignment. usual stipulation that any action or suit must be
Upon the other hand, the heirs of Jose contended filed within one year after the rejection of the claim.
that Y is not entitled to any amount under the
policy because the assignment without due notice to After his building burned down, Robin filed his
the insurer was void. claim for fire loss with EFG. On Feb 28, 1994, EFG
denied Robin‘s claim. On April 3, 1994, Robin
Resolve the issues. sought reconsideration of the denial, but EFG
reiterated its position. On March 20, 1995, Robin
SUGGESTED ANSWER: commenced judicial action against EFG. Should
Robin‘s action be given due course? Explain.
A life insurance is assignable. A provision, however,
in the policy stating that written notice of such an SUGGESTED ANSWER:
assignment should be given to the insurer is valid (Secs
181-182 Ins Code). The failure of the notice of No, Robin‘s action should not be given due course. Is
assignment would thus preclude the assignee from filing of the request for reconsideration did not
claiming rights under the policy. The failure of notice suspend the running of the prescriptive period of one
did not, however, avoid the policy; hence, upon the year stipulated in the insurance policy. Thus, when
death of Jose, the proceeds would, in the absence of a robin commenced judicial action against EFG
designated beneficiary, go to the estate of the insured. Assurance on March 20, 1995, his ability to do so had
The estate, in turn, would be liable for the loan of already prescribed. The one-year period is counted
P50,000 owing in favor of Y. from Feb 28, 1994 when EFG denied Robin‘s claim,
not from the date (presumably after April 3, 1994)
Insurance; Perfection of Insurance Contracts (2003) when EFG reiterated its position denying Robin‘s
INSURANCE BAR QUESTIONS
BJ GIRLS
claim. The reason for this rule is to insure that claims SAM's minor son, BOY, injured 3 children of POS,
against insurance companies are promptly settled and a neighbor, who sued SAM for damages. SAM's
that insurance suits are brought by the insured while lawyer was ATT, who was paid for his services by
the evidence as to the origin and cause of the the insurer for reporting periodically on the case to
destruction has not yet disappeared. (See Sun Ins CNI. In one report, ATT disclosed to CNI that after
Office Ltd v CA gr 89741, Mar 13 91 195s193) his investigations, he found the injuries to the 3
children not accidental but intentional.
Insurance; Return of Premiums (2000)
SAM lost the case in court, and POS was awarded
Name at least three instances when an insured is one million pesos in damages which he sought to
entitled to a return of the premium paid.
 collect from the insurer. But CNI used ATTs report
to deny the claim on the ground that the injuries to
SUGGESTED ANSWER:
 POS's 3 children were intentional, hence excluded
from the policy's coverage. POS countered that
Three instances when an insured is entitled to a return
CNI was estopped from using ATTs report because
of premium paid are:
it was unethical for ATT to provide prejudicial
information against his client to the insurer, CNI.
1 To the WHOLE PREMIUM, if no part of his interest
Who should prevail: the claimant, POS; or the
in the thing insured be exposed to any of the perils
insurer, CNI? Decide with reasons briefly. (5%)
insured against.
2 Where the insurance is made for a
definite period of time and the insured surrenders his
SUGGESTED ANSWER:
policy, to such portion of the premium as corresponds
with the unexpired time at a pro rata rate, unless a short CNI is not estopped from using ATT's report, because
period rate has been agreed upon and appears on the CNI, in the first place, commissioned it and paid ATT
face of the policy, after deducting from the whole for it. On the other hand, ATT has no conflict of
premium any claim for loss or damage under the policy interest because SAM and CNI are on the same side —
which has previously accrued. their interests being congruent with each other,
namely, to oppose POS's claim. It cannot be said that
3 When the contract is voidable on account of the fraud
ATT has used the information to the disadvantage or
or misrepresentation of the insurer or of his agent or
prejudice of SAM.
on account of facts the existence of which the insured
was ignorant without his fault; or when, by any default However, in Finman General Assurance Corp. v.
of the insured other than actual fraud, the insurer never Court of Appeals, 213 SCRA 493 (1992), it was
incurred any liability under the policy. explained that there is no "accident" in the context of
an accident policy, if it is the natural result of the
ALTERNATIVE INSTANCE:
insured's voluntary act, unaccompanied by anything
unforeseen except the injury. There is no accident
In case of an over insurance by several insurers, the
when a deliberate act is performed, unless some
insured is entitled to a ratable return of the premium,
additional and unforeseen happening occurs that
proportioned to the amount by which the aggregate
brings about the injury. This element of deliberateness
sum insured in all the policies exceeds the insurable
is not clearly shown from the facts of the case,
value of the thing at risk.
especially considering the fact that BOY is a minor,
Insured; Accident Policy (2004) and the injured parties are also children. Accordingly,
it is possible that CNI may not prosper. ATT's report
CNI insure SAM under a homeowner's policy is not conclusive on POS or the court.
against claims for accidental injuries by neighbors.
INSURANCE BAR QUESTIONS
BJ GIRLS
Insured; Accident vs. Suicide (1990) unforeseen happening occur which produces or
brings about the injury or death; and b) that the
Luis was the holder of an accident insurance policy insured willfully exposed himself to needless peril
effective Nov 1, 1988 to Oct 31, 1989. At a boxing and thus removed himself from the coverage of the
contest held on Jan 1, 1989 and sponsored by his insurance policy. Are the two contentions of the
employer, he slipped and was hit on the fact by his insurance company tenable? Explain.
opponent so he fell and his head hit one of the posts
of the boxing ring. He was rendered unconscious SUGGESTED ANSWER:
and was dead on arrival at the hospital due to
―intra-cranial hemorrhage. No. These two contentions are not tenable. The insurer
is liable for injury or death even due to the insured‘s
Can his father who is a beneficiary under said gross negligence. The fact that the insured removed
insurance policy successfully claim indemnity from the magazine from the hand gun means that the insured
the insurance company? Explain.
 did not willfully expose himself to needless peril. At
most, the insured is only guilty of negligence (Sun Ins
SUGGESTED ANSWER: v CA 211 s 554)

Yes, the father who is a beneficiary under the Insured; Accident vs. Suicide (1995)
accidental insurance can successfully claim indemnity
for the death of the insured. Clearly, the proximate Sun-Moon Insurance issued a Personal Accident
cause of death was the boxing contest. Death sustained Policy to Henry Dy with a face value of P500th. A
in a boxing contest is an accident. (De la Cruz v provision in the policy states that ―the company
Capital Ins & Surety Co 17s559) shall not be liable in respect of ―bodily injury‘
consequent upon the insured person attempting to
Insured; Accident vs. Suicide (1993) commit suicide or willfully exposing himself to
needless peril except in an attempt to save human
S Insurance Co issued a personal accident policy to life.‖ Six months later Henry Dy died of a bullet
Bob Tan with a face value of P500th. In the evening wound in his head. Investigation showed that one
of Sep 5, 1992, after his birthday party, Tan was in evening Henry was in a happy mood although he
a happy mood but not drunk. He was playing with was not drunk. He was playing with his handgun
his hand gun, from which he previously removed from which he had previously removed its
the magazine. As his secretary was watching magazine. He pointed the gun at his sister who got
television, he stood in front of her and pointed the scared. He assured her it was not loaded. He then
gun at her. She pushed it aside and said that it may pointed the gun at his temple and pulled the trigger.
be loaded. He assured her that it was not and then The gun fired and Henry slumped on the floor.
pointed it at his temple. The next moment, there
was an explosion and Tan slumped to the floor Henry‘s wife Beverly, as the designated
lifeless. beneficiary, sought to collect under the policy. Sun-
Moon Insurance rejected her claim on the ground
The wife of the deceased sought payment on the that the death of Henry was not accidental. Beverly
policy but her claim was rejected. The insurance sued the insurer. Decide and Discuss fully.

company agreed that there was no suicide.
However, it was the submission of the insurance SUGGESTED ANSWER:
company that there was no accident. In support
thereof, it contended a) that there was no accident Beverly can recover the proceeds of the policy from
when a deliberate act was performed unless some the insurer. The death of the insured was not due to
additional, unexpected, independent and suicide
INSURANCE BAR QUESTIONS
BJ GIRLS
f negligence which is covered by the policy and for While driving his car along EDSA, Cesar
which the insured got the insurance for his protection. sideswiped Roberto, causing injuries to the latter,
In fact, he removed the magazine from the gun and Roberto sued Cesar and the third party liability
when he pointed the gun to his temple he did so insurer for damages and/or insurance proceeds.
because he thought that it was safe for him to do so. The insurance company moved to dismiss the
He did so to assure his sister that the gun was harmless. complaint, contending that the liability of Cesar
There is none in the policy that would relieve the has not yet been determined with finality. a) Is the
insurer of liability for the death of the insured since the contention of the insurer correct? Explain. b) May
death was an accident r willful exposure to needless the insurer be held liable with Cesar?
peril which are excepted risks. The insured’s act was
purely an act of negligence which is covered by the SUGGESTED ANSWER:
policy and for which the insured got the insurance for
his protection. In fact, he removed the magazine from No, the contention of the insurer is not correct. There
the gun and when he pointed the gun to his temple he is no need to wait for the decision of the court
did so because he thought that it was safe for him to do determining Cesar‘s liability with finality before the
so. He did so to assure his sister that the gun was third party liability insurer could be sued. The
harmless. There is none in the policy that would occurrence of the injury to Roberto immediately gave
relieve the insurer of liability for the death of the rise to the liability of the insurer under its policy. In
insured since the death was an accident. other words, where an insurance policy insures
directly against liability, the insurer‘s liability accrues
Insurer: Effects: Several Insurers (2005) immediately upon the occurrence of the injury or event
upon which the liability depends (Sherman Shafer v
What is the nature of the liability of the several Judge RTC Olongapo City Branch 75 GR l-78848,
insurers in double insurance? Explain. (2%)
 Nov 14 88 167s386)

SUGGESTED ANSWER:
 The insurer cannot be held solidarily liable with Cesar.
The liability of the insurer is based on contract while
The nature of the liability of the several insurers in that of Cesar is based on tort. If the insurer were
double insurance is that each insurer is bound to the solidarily liable with Cesar, it could be made to pay
contribute ratably to the loss in proportion to the more than the amount stated in the policy. This would,
amount for which he is liable under his contract as however, be contrary to the principles underlying
provided for by Sec 94 of ICP par. The ratable insurance contracts. On the other hand, if the insurer
contribution of each of each insurer will be determined were solidarily liable with Cesar and it is made to pay
based on the following formula: AMOUNT OF only up to the amount stated in the insurance policy,
POLICY divided by TOTAL INSURANCE TAKEN the principles underlying solidary obligations would
multiplied by LOSS = LIABILITY OF THE be violated. (Malayan Ins Co v CA GR L-36413 Sep
INSURER. 26, 88 165s536; Figuracion vda de Maglana v
Consolacion GR 60506 Aug 6, 92 212s268)
ALTERNATIVE ANSWER:
Insurer; 3rd Party Liability (2000)
Each insurer is bound, as between himself and other
insurers, to contribute ratably to the loss in proportion X was riding a suburban utility vehicle (SUV)
to the amount for which he is liable under his contract. covered by a comprehensive motor vehicle liability
(Sec. 94, Insurance Code) insurance (CMVLI) underwritten by FastPay
Insurance Company when it collided with a
Insurer; 3rd Party Liability (1996) speeding bus owned by RM Travel Inc. The
INSURANCE BAR QUESTIONS
BJ GIRLS
collision resulted in serious injuries to X; Y, a establish the proper payee; or

passenger of the bus; and Z, a pedestrian waiting 3. 3. medical report and evidence of medical or
for a ride at the scene of the collision. The police hospital disbursement in respect of which
report established that the bus was the offending refund is c4l.aimed. Claim may be made
vehicle. The bus had CMVLI policy issued by against one motor vehicle only.

Dragon Ins Co. X, Y, and Z jointly sued RM Travel
and Dragon Ins for indemnity under the Insurance Insurer; 3rd Party Liability; Quitclaim (1994)

Code of the Phils (PD1460). The lower court
applied the ―no fault‖ indemnity policy of the Raul‘s truck bumped the car owned by Luz. The
statute, dismissed the suit against RM Travel, and car was insured by Cala Insurance. For the damage
ordered Dragon Ins to pay indemnity to all three caused, Cala paid Luz P5,000.00 in amicable
plaintiffs. Do you agree with the court‘s judgment? settlement. Luz executed a release of claim,
Explain (2%) subrogating Cala to all her rights against Raul.
When Cala demanded reimbursement from Raul,
SUGGESTED ANSWER: the latter refused saying that he had already paid
Luz P4,500 for the damage to the car as evidenced
No. The cause of action of Y is based on the contract by a release of claim executed by Luz discharging
of carriage, while that of X and Z is based on torts. The Raul.
court should not have dismissed the suit against RM
Travel. The court should have ordered Dragon Ins to So Cala demanded reimbursement from Luz, who
pay each of X, Y , and Z to the extent of the insurance refused to pay, saying that the total damage to the
coverage, but whatever amount is agreed upon in the car was P9,500.00 Since Cala paid P5,000 only, Luz
policy should be answered first by RM Travel and the contends that she was entitled to go after Raul to
succeeding amount should be paid by Dragon claim the additional P4,500.00 1) Is Cala, as
Insurance up to the amount of the insurance coverage. subrogee of Luz, entitled to reimbursement from
The excess of the claims of X, Y, and Z, over and Raul? 2) May Cala recover what it has paid Luz?
above such insurance coverage, if any, should be
answered or paid by RM Travel. SUGGESTED ANSWER:

Insurer; 3rd Party Liability; No Fault Indemnity 1) No. Luz executed a release in favor of Raul (Manila
(1994) Mahogany Mfg Corp v CA GR 52756, 12 Oct 1987)

What is your understanding of a ―no fault 2) Yes. Cala lost its right against Raul because of the
indemnity‖ clause found in an insurance policy?
 release executed by Luz. Since the release was made
without the consent of Cala, Cala may recover the
SUGGESTED ANSWER:
 amount of P5,000 form Luz (Manila Mahogany Mfg
Corp v CA GR 52756, 12 Oct 1987).
Under the ―NO FAULT INDEMNITY clause, any
claim for death or injury of any passenger or third Insurer; Authorized Driver Clause (1991)
party shall be paid without the necessity of proving
fault or negligence of any kind. The indemnity in Sheryl insured her newly acquired car, a Nissan
respect of any one person shall not exceed P5,000.00, Maxima against any loss or damage for P50th and
provided they are under oath, the following proofs against 3rd party liability for P20th with the XYZ
shall be sufficient: Ins Co. Under the policy, the car must be driven
only by an authorized driver who is either: 1) the
1. police report of the accident;
2. insured, or 2) any person driving on the insured‘s
2. death certificate and evidence sufficient to order or with his permission: provided that the
INSURANCE BAR QUESTIONS
BJ GIRLS
person driving is permitted in accordance with the liable under its policy? Why? (6%)
licensing or other laws or regulations to drive the
motor vehicle and is not disqualified from driving SUGGESTED ANSWER:
such motor vehicle by order of a court.
Asiatic Insurers, Inc., should be made liable under the
During the effectivity of the policy, the car, then policy. The fact that the driver was merely holding a
driven by Sheryl herself, who had no driver‘s TVR does not violate the condition that the driver
license, met an accident and was extensively should have a valid and existing driver‘s license.
damaged. The estimated cost of repair was P40th.
Sheryl immediately notified XYZ, but the latter Besides, such a condition should be disregarded
refused to pay on the policy alleging that Sheryl because what is involved is a passenger jeepney, and
violated the terms thereof when she drove it what is involved here is not own damage insurance but
without a driver‘s license. Is the insurer correct? third party liability where the injured party is a third
party not privy to the contract of insurance.
SUGGESTED ANSWER:
Insurer; Authorized Driver Clause; vehicle is stolen
The insurer was not correct in denying the claim since (1993)

the proviso ―that the person driving is permitted in
accordance with the licensing, etc.‖ qualified only a HL insured his brand new car with P Ins Co for
person driving the vehicle other than the insured at the comprehensive coverage wherein the insurance
time of the accident (Palermo v Pyramid Ins Co GR company undertook to indemnify him against loss
36480 31 May 88) or damage to the car a) by accidental collision ... b)
by fire, external explosion, burglary, or theft, and
ALTERNATIVE ANSWER: c) malicious act.

The insurer is correct. The clause ―authorized driver‖ After a month, the car was carnapped while parked
in the policy evidently applies to both the insured and in the parking space in front of the Intercontinental
any other person driving the vehicle at the time of the Hotel in Makati. HL‘s wife who was driving said
accident. The term ―authorized driver‖ should be car before it was carnapped reported immediately
construed as a person who is authorized by law to the incident to various government agencies in
driver the vehicle (Peza v Alikpala 160s31) compliance with the insurance requirements.

Because the car could not be recovered, HL filed a


claim for the loss of the car with the insurance
Insurer; Authorized Driver Clause (2003) company but it was denied on the ground that his
wife who was driving the car when it was
Rick de la Cruz insured his passenger jeepney with carnapped was in the possession of an expired
Asiatic Insurers, Inc. The policy provided that the driver‘s license, a violation of the ―authorized
authorized driver of the vehicle should have a valid driver‖ clause of the insurance company. 1) May
and existing driver‘s license. The passenger the insurance company be held liable to indemnify
jeepney of Rick de la Cruz which was at the time HL for the loss of the insured vehicle? Explain. 2)
driven by Jay Cruz, figured in an accident resulting Supposing that the car was brought by HL on
in the death of a passenger. At the time of the installment basis and there were installments due
accident, Jay Cruz was licensed to drive but it was and payable before the loss of the car as well as
confiscated by an LTO agent who issued him a installments not yet payable. Because of the loss of
Traffic Violation Report (TVR) just minutes before the car, the vendor demanded from HL the unpaid
the accident. Could Asiatic Insurers, Inc., be made balance of the promissory note. HL resisted the
INSURANCE BAR QUESTIONS
BJ GIRLS
demand and claimed that he was only liable for the Yes. The suit will prosper. Y Ins Co is liable. X Co,
installments due and payable before the loss of the through its executive, PJ, acted as agent of Y Ins Co.
car but no longer liable for other installments not The latter is thus bound by the misconduct of its agent.
yet due at the time of the loss of the car. Decide. It is the usual practice in the group insurance business
that the employer-policy holder is the agent of the
SUGGESTED ANSWER: insurer.

1) Yes. The car was lost due to theft. What applies in Insurer; Liability of the Insurers (1990)
this case is the ―theft‖ clause, and not the
―authorized driver‖ clause. It is immaterial that HL‘s a) Suppose that Fortune owns a house valued at
wife was driving the car with an expired driver‘s P600th and insured the same against fire with 3
license at the time it was carnapped. (Perla Compania insurance companies as follows: X – P400th Y –
de Seguros v CA 208 s 487) P200th Z – P600th

2) The promissory note is not affected by whatever In the absence of any stipulation in the policies
befalls the subject matter of the accessory contract. from which insurance company or companies may
The unpaid balance on the promissory note should be Fortune recover in case fire should destroy his
paid and not only the installments due and payable house completely?
before the loss of the car.
SUGGESTED ANSWER:
Insurer; Group Insurance; Employer-Policy Holder
(2000) Fortune may recover from the insurers in such order as
he may select up to their concurrent liability (Sec 94
X company procured a group accident insurance Ins Code)
policy for its construction employees variously
assigned to its provincial infrastructure projects. Y Valued Policy
Insurance Company underwrote the coverage, the
premiums of which were paid for entirely by X b) If each of the fire insurance policies obtained by
Company without any employee contributions. Fortune in the problem (a) is a valued policy and
While the policy was in effect, five of the covered the value of his house was fixed in each of the
employees perished at sea on their way to their policies at P1m, how much would Fortune recover
provincial assignments. Their wives sued Y from X if he has already obtained full payment on
Insurance Company for payment of death benefits the insurance policies issued by Y and Z?

under the policy. While the suit was pending, the
SUGGESTED ANSWER:

wives signed a power of attorney designating X
Company executive, PJ, as their authorized
Fortune may still recover only the balance of P200,000
representative to enter into a settlement with the
from X insurance company since the insured may only
insurance company. When a settlement was
recover up to the extent of his loss.
reached, PJ instructed the insurance company to
issue the settlement check to the order of X ALTERNATIVE ANSWER:
Company, which will undertake the payment to the
individual claimants of their respective shares. PJ Having already obtained full payment on the insurance
misappropriated the settlement amount and the policies issued by Y and Z, Fortune may no longer
wives pursued their case against Y Insurance Co. recover from X insurance policy.
Will the suit prosper? Explain (3%)
Open Policy
SUGGESTED ANSWER:
INSURANCE BAR QUESTIONS
BJ GIRLS
c) If each of the policies obtained by Fortune in the Yes, RC‘s claim for total loss is justified. The rice,
problem (a) above is an open policy and it was which was imported from Thailand for sale locally, is
immediately determined after the fire that the obviously intended for consumption by the public. The
value of Fortune‘s house was P2.4m, how much complete physical destruction of the rice is not
may he collect from X,Y and Z? essential to constitute an actual total loss. Such a loss
exists in this case since the rice, having been soaked in
SUGGESTED ANSWER: sea water and thereby rendered unfit for human
consumption, has become totally useless for the
In an open policy, the insured may recover his total purpose for which it was imported (Pan Malayan Ins
loss up to the amount of the insurance cover. Thus, the Co v CA gr 95070 Sep 5, 1991)
extent of recovery would be P400th from X, P200th
from Y, and P600th from Z. Loss: Constructive Total Loss (2005)

d) In problem (a), what is the extent of the liability M/V Pearly Shells, a passenger and cargo vessel,
of the insurance companies among themselves?
 was insured for P40,000,000.00 against
―constructive total loss.‖ Due to a typhoon, it sank
SUGGESTED ANSWER:
 near Palawan. Luckily, there were no casualties,
only injured passengers. The ship owner sent a
In problem (a), the insurance companies among
notice of abandonment of his interest over the
themselves would be liable, viz: X – 4/12 of P600th =
vessel to the insurance company which then hired
P200th Y – 2/12 of P600th = P100th Z – 6/12 of
professionals to afloat the vessel for P900,000.00.
P600th = P300th
When re-floated, the vessel needed repairs
estimated at P2,000,000.00. The insurance
e) Supposing in problem (a) above, Fortune was
company refused to pay the claim of the ship
able to collect from both Y and Z, may he keep the
owner, stating that there was ―no constructive
entire amount he was able to collect from the said 2
total loss. a) Was there ―constructive total loss‖ to
insurance companies?
entitle the ship owner to recover from the insurance
SUGGESTED ANSWER: company? Explain. b) Was it proper for the ship
owner to send a notice of abandonment to the
No, he can only be indemnified for his loss, not profit insurance company? Explain. (5%)
thereby; hence he must return P200th of the P800th he
was able to collect. SUGGESTED ANSWER:

Loss: Actual Total Loss (1996) No, there was no "constructive total loss" because the
vessel was refloated and the costs of refloating plus the
RC Corporation purchased rice from Thailand, needed repairs (P 2.9 Million) will not be more than
which it intended to sell locally. Due to stormy three-fourths of the value of the vessel. A constructive
weather, the ship carrying the rice became total loss is one which gives to a person insured a right
submerged in sea water, and with it the rice cargo. to abandon. (Sec, 131, Insurance Code) There would
When the cargo arrived in Manila, RC filed a claim have been a constructive total loss had the vessel MN
for total loss with the insurer, because the rice was Pearly Shells suffer loss or needed refloating and
no longer fit for human consumption. Admittedly, repairs of more than the required three-fourths of its
the rice could still be used as animal feed. Is RC‘s value, i.e., more than P30.0 Million (Sec. 139,
claim for total loss justified? Explain. Insurance Code, cited in Oriental Assurance v. Court
of Appeals and Panama Saw Mill, G.R. No. 94052,
SUGGESTED ANSWER: August 9, 1991)
INSURANCE BAR QUESTIONS
BJ GIRLS
However, the insurance company shall pay for the Marine Insurance; Implied Warranties (2000)
total costs of refloating and needed repairs (P2.9
Million).
What warranties are implied in marine insurance?
c) Was it proper for the ship owner to send a notice
of abandonment to the insurance company?
Explain. SUGGESTED ANSWER:

The following warranties are implied in marine


SUGGESTED ANSWER: insurance:

No, it was not proper for the ship owner to send a 1. That the ship is seaworthy to make the
notice of abandonment to the insurance company voyage
and/or to take in certain cargoes;
because abandonment can only be availed of when, in 2. That the ship shall not deviate from the voyage
a marine insurance contract, the amount to be insured;
expended to recover the vessel would have been more
3. That the ship shall carry the necessary documents to
than three-fourths of its value. Vessel MN Pearly
show nationality or neutrality and that it will not carry
Shells needed only P2.9 Million, which does not meet any document which will cast reasonable suspicion
the required three-fourths of its value to merit thereon;
abandonment. (Section 139, Insurance Code, cited in
Oriental Assurance v. Court of Appeals and Panama 4. That the ship shall not carry contraband, especially
if it is making a voyage through belligerent waters.
Saiv Mill, G.R. No. 94052, August 9, 1991)

Loss: Total Loss Only (1992)


Marine Insurance; Peril of the Ship vs. Peril of the Sea
An insurance company issued a marine insurance (1998)

policy covering a shipment by sea from Mindoro to
Batangas of 1,000 pieces of Mindoro garden stones
A marine insurance policy on a cargo states that
against ―total loss only.‖ The stones were loaded in
―the insurer shall be liable for losses incident to
two lighters, the first with 600 pieces and the second perils of the sea.‖ During the voyage, seawater
with 400 pieces. Because of rough seas, damage was entered the compartment where the cargo was
caused the second lighter resulting in the loss of 325 stored due to the defective drainpipe of the ship.
out of the 400 pieces. The owner of the shipment The insured filed an action on the policy for
filed claims against the insurance company on the recovery of the damages caused to the cargo. May
ground of constructive total loss inasmuch as more the insured recover damages? (5%)

than 3⁄4 of the value of the stones had been lost in
one of the lighters. Is the insurance company liable
under its policy? Why? SUGGESTED ANSWER:


No. The proximate cause of the damage to the cargo


SUGGESTED ANSWER: insured was the defective drainpipe of the ship. This is
peril of the ship, and not peril of the sea. The defect in
The insurance company is not liable under its policy the drainpipe was the result of the ordinary use of the
covering against ―total loss only‖ the shipment of ship. To recover under a marine insurance policy, the
1,000 pieces of Mindoro garden stones. There is no proximate cause of the loss or damage must be peril of
constructive total loss that can claimed since the 3⁄4 the sea.
rule is to be computed on the total 1,000 pieces of
Mindoro garden stones covered by the single policy
coverage (see Oriental Assurance Co v CA 200 s 459)
INSURANCE BAR QUESTIONS
BJ GIRLS
Mutual Insurance Company; Nature & Definition Concealment; Material Concealment (2013)
(2006)

Benny applied for life insurance for Php 1.5


What is a mutual insurance company or Million. The insurance company approved his
association? application and issued an insurance policy effective
Nov, 6, 2008. Benny named his children as his
beneficiaries. On April 6, 2010, Benny died of
SUGGESTED ANSWER: hepatoma, a liver ailment.

A mutual life insurance corporation is a cooperative


that promotes the welfare of its own members, with the The insurance company denied the children’s claim
money collected from among themselves and solely for the proceeds of the insurance policy on the
for their own protection and not for profit. Members ground that Benny failed to disclose in his
are both the insurer and insured. A mutual life application two previous consultations with his
insurance company has no capital stock and relies doctors for diabetes and hypertension, and that he
solely upon its contributions or premiums to meet had been diagnosed to be suffering from hepatoma.
unexpected losses, contingencies and expenses The insurance company also rescinded the policy
(Republic v. Sunlife, G.R. No 158085, October 14, and refunded the premiums paid.
2005).

Was the insurance company correct? (8%)


Beneficiary; Death of Insured Due to Beneficiary
(2008)

SUGGESTED ANSWER:

On January 1, 2000, Antonio Rivera secured a life The insurance company correctly rescinded the policy
insurance from SOS Insurance Corp. for P1 because of concealment (Section 27 of Insurance
Million with Gemma Rivera, his adopted daughter, Code). Benny did not disclose that he was suffering
as the beneficiary. Antonio Rivera died on March from diabetes, hypertension, and hepatoma. The
4, 2005 and in the police investigation, it was concealment is material, because these are serious
ascertained that Gemma Rivera participated as an ailments (Florendo v. Philam Plans, Inc., 666 SCRA
accessory in the killing of Antonio Rivera. Can SOS 618, 2012). Benny died less than two years from the
Insurance Corp. avoid liability by setting up as a date of the issuance of the policy (Section 48 of
defense the participation of Gemma Rivera in the Insurance Code).
killing of Antonio Rivera? Discuss with reasons.
(4%)

SUGGESTED ANSWER: Insurable Interest; Building Destroyed by Fire (2010)

Under Sec. 12 of the Insurance Code. The interest of a


beneficiary shall be forfeited when the beneficiary is To secure a loan of P10 million, Mario mortgaged
the principal, accomplice, or accessory in willfully his building to Armando. In accordance with the
bringing about the death of the insured. In which event, loan arrangements, Mario had the building insured
the nearest relative of the insured shall receive the with First Insurance Company for P10 million,
proceeds of said insurance, if not otherwise designating Armando as the beneficiary. Armando
disqualified. Thus, the insurance company must still also took an insurance of the building upon his own
pay out the proceed of the life insurance policy to the interest with Second Insurance Company for P5
nearest qualified relative of the insured. million.
INSURANCE BAR QUESTIONS
BJ GIRLS

The building was totally destroyed by fire, a peril Insurance; Double Insurance, Validity (2012)
insured against under both insurance policies. It
was subsequent determined that the fire had been
intentionally started by Mario and that in violation X borrowed from CCC Bank. She mortgaged her
of the loan agreement, he had been storing house and lot in favor of the bank. X insured her
inflammable materials in the building. house. The bank also got the house insured.

How much, if any, can Armando recover from (A) Is this double insurance? Explain your answer.
either or both insurance companies? (2%)
 (3%)

SUGGESTED ANSWER: SUGGESTED ANSWER:


Armando can receive P5 million from Second No, there is no double insurance. Double insurance
Insurance Company. As mortgagee, he had an exists where the same person is insured by several
insurable interest in the building (Panlileo v. Cosio, 97 insurers separately with respect to the same subject
Phil. 919 (1955)). Armando cannot collect anything and interest. (Sec. 93, Insurance Code)
from First Insurance Company. First Insurance
Company is not liable for the loss of the building. First,
it was due to a willful act of Mario, who committed
(B) Is this legally valid? Explain your answer. (3%)
arson (Section 87 of the Insurance Code; East
Furnitures, Inc. v. Globe & Rutgers Fire Insurance
Company, 57 Phil. 576 (1932)). Second, fire insurance
policies contain a warranty that the insured will not SUGGESTED ANSWER:
store hazardous materials within the insured premises.
Yes, X and CCC Bank can both insure the house as
Mario breached this warranty when he stored
they have different insurable interest therein. X, the
inflammable materials in the building. (Young v.
borrower mortgagor, has an insurable interest in the
Midland Textile Insurance Company, 30 Phil. 617
house being the owner thereof while CCC Bank, the
(1915)).These two factors exonerate First Insurance
lender, also has an insurable interest in the house as
Company from liability to Armando as mortgagee
mortgagee thereof.
even though it was Mario who committed them
(Section 8 of the Insurance Code).

(C) In case of damage, can X and CCC Bank


separately claim for the insurance proceeds? (4%)
(B) What happens to the P10 million debt of Mario
to Armando? Explain. (3%)

SUGGESTED ANSWER:
SUGGESTED ANSWER:
 Yes. If X obtained an open policy then she could claim
an amount corresponding to the extent of the damage
Since Armando would have collected P5 million from
based on the value of the house determined as of the
Second Insurance Company, this amount should be
date the damage occurred, but not to exceed the face
considered as partial payment of the loan. Armando
value of the insurance policy; however, if she obtained
can only collect the balance of P5 million (Panlileo v.
a valued policy then she could claim an amount
Cosio, supra). Second Insurance Company can recover
corresponding to the extent of the damage based on the
from Mario the amount of P5 million it paid, because
agreed upon valuation of the house.
it became subrogated to the rights of Armando
(Panlileo v. Cosio, supra).
INSURANCE BAR QUESTIONS
BJ GIRLS
As for CCC Bank, it could claim an amount
corresponding to the extent of the damage but not to
exceed the amount of the loan it extended to X or so The cover note is a receipt whereby the company
much thereof as may remain unpaid. agrees to insure the insured for 60 days pending the
issuance of a regular policy. No separate premium is
tobepaidonacovernote.Itisnota separate policy but is
integrated in the regular policy to be subsequently
Insurance; Perfection of Insurance Contracts (2009) issued.

Antarctica Life Assurance Corporation (ALAC)


publicly offered a specially designed insurance Insurance; Property Insurance; Assignments (2009)
policy covering persons between the ages of 50 to
75 who may be afflicted with serious and Ciriaco leased a commercial apartment from
debilitating illnesses. Quirico applied for insurance Supreme Building Corporation (SBC). One of the
coverage, stating that he was already 80 years old. provisions of the one-year lease contract states:
Nonetheless, ALAC approved his application.
―18.xxx The LESSEE shall not insure against fire
the chattels, merchandise, textiles, goods and
Quirico then requested ALAC for the issuance of a
effects placed at any stall or store or space in the
cover note while he was trying to raise funds to pay
the insurance premium. ALAC granted the leased premises without first obtaining the written
request. Ten days after he received the cover note, consent of the LESSOR. If the LESSEE obtains fire
Quirico had a heart seizure and had to be insurance coverage without the consent of the
hospitalized. He then filed a claim on the policy. LESSOR, the insurance policy is deemed assigned
(A) Can ALAC validly deny the claim on the and transferred to the LESSOR for the latter’s
ground that the insurance coverage, as publicly benefit.‖
offered, was available only to persons 50 to 75 years
of age? Why or why not? (2%) Notwithstanding the stipulation in the contract,
without the consent of SBC, Ciriaco insured the
merchandise inside the leased premises against loss
SUGGESTED ANSWER:
by fire in the amount of P500, 000 with First United
No. By approving the application of Quirino who Insurance Corporation (FUIC).
disclosed that he was already 80 years old, ALAC
waived the age requirement. ALAC is now stopped
A day before the lease contract expired, fire broke
from raising such defense of age of the insured.
out inside the leased premises, damaging Ciriaco’s
merchandise. Having learned of the insurance
(B) Did ALAC’s issuance of a cover note result in earlier procured by Ciriaco, SBC demanded from
the perfection of an insurance contract between FUIC that the proceeds of the insurance policy be
Quirico and ALAC? Explain. (3%) paid directly to it, as provided in the lease contract.

Who is legally entitled to receive the insurance


SUGGESTED ANSWER: proceeds? Explain. (4%)
The issuance of a cover note by ALAC resulted in the
SUGGESTED ANSWER:
perfection of the contract of insurance. In that case, it
is only because there is delay in the issuance of the
Ciriaco is entitled to receive the proceeds of the
policy that the cover notes was issued.
insurance policy. The stipulation that the policy is
INSURANCE BAR QUESTIONS
BJ GIRLS
deemed assigned and transferred to SBC is void, Yes. The insurer is liable. The insurance policy was
because SBC has no insurable interest in the issued. In effect, there was a grant of credit for the
merchandise of Ciriaco (Cha v. Court of Appeals, 277 payment of the premium. The insurer can deduct the
SCRA 690 (1997)) amount of the check from the proceeds of the
insurance.

Insurance; Property Insurance; Payment of Premiums


Insurance; Property Insurance; Late Payment of by Check (2007)
Premiums (2010)
Alfredo took out a policy to insure this commercial
Enrique obtained from Seguro Insurance building fire. The broker for the insurance
Company a comprehensive motor vehicle company agreed to give a 15-day credit within
insurance to cover his top of the line Aston martin. which pay the insurance premium. Upon delivery
The policy was issued on March 31, 2010 and, on of the policy on May 15, 2006, Alfredo issued a
even date, Enrique paid the premium with a postdated check payable on May 30, 2006. On May
personal check postdated April 6, 2010. 28, 2006, a fire broke out and destroyed the
building owned by Alfredo. (10%)
On April 5, 2010, the car was involved in an
accident that resulted in its total loss. (A) May Alfredo recover on the insurance policy?

On April 10, 2010, the drawee bank returned SUGGESTED ANSWER:



Enrique’s check with the notation ―Insurance
funds.‖ Upon notification, Enrique immediately Yes, Alfredo may recover on the policy. It is valid to
deposited additional funds with the bank and asked stipulate that the insured will be granted credit term for
the insurer to redeposit the check. payment of premium. Payment by means of a check
which was accepted by the insurer, bearing a date prior
Enrique thereupon claimed indemnity from the to the loss, would be sufficient. The subsequent effects
insurer. Is the insurer liable under the insurance of encashment retroact to the date of the check (UCPB
coverage? Why or why not? (3%) General Insurance Co., Inc. v. Masagana Telamart,
Inc., 356 SCRA 307 [2001]).
SUGGESTED ANSWER:
(B) Would your answer in (a) be the same if it was
The insurer is not liable under the insurance policy.
found that the proximate cause of the fire was an
Under Article 1249 of the Civil Code, the delivery of
explosion and that fire was but the immediate cause
a check produces the effect of payment only when it is
of loss and there is no excepted peril under the
encashed. The loss occurred on April 5, 2010. When
policy?
the check was deposited, it was returned on April 10,
2010, for insufficiency of funds. The check was SUGGESTED ANSWER:
honored only after Enrique deposited additional funds
with the bank. Hence, it did not produce the effect of Yes, recovery under the insurance contract is allowed
payment (Vitug, Commercial Laws and Jurisprudence, if the cause of the loss was either the proximate or the
Vol. I, p.250). immediate cause as long as an excepted peril, if any
was not the proximate cause of the loss (Section 86,
ALTERNATIVE ANSWER:
 Insurance Code of the Philippines).
INSURANCE BAR QUESTIONS
BJ GIRLS
(C) If the fire was found to have been caused by SUGGESTED ANSWER:
Alfredo’s own negligence, can he still recover on
the policy? St. Peter Manufacturing Company is entitled to
recover for the loss from stable Insurance Company.
Reason briefly in (a), (b) and (c). Stable Insurance Company granted a credit term to pay
the premiums. This is not against the law, because the
SUGGESTED ANSWER:
 standing business practice of allowing St. Peter
Manufacturing Company to pay the premiums after 60
Yes, mere negligence on the part of the insured will
or 90 days, was relied upon in good faith by SPMC.
not prevent recovery under the insurance policy. The
Stable Insurance Company is in estoppels (UCPB
law merely prevents recovery when the cause of loss
General Insurance Company, Inc. v. Masagana
is the willful act of the insured, alone or in connivance
Telemart, Inc. 356 SCRA 307, 2001).
with others (Section 87, Insurance Code of The
Philippines). Insurer: Effects: Several Insurers (2008)

Insurance; Property Insurance; Payment of Premiums Terrazas de Patio Verde, a condominium building,
even after Loss (2013) has a value of P50 Million. The owner insured the
building against fire with three (3) insurance
Stable Insurance Co. (SIC) and St. Peter
companies for the following amounts:
Manufacturing Co. (SPMC) have had a long-
standing insurance relationship with each other; Northern Insurance Corp. – P20 Million Southern
SPMC secures the comprehensive fire insurance on Insurance Corp. – P30 Million Eastern Insurance
its plant and facilities from SIC. The standing Corp. – P50 Million
business practice between them has been to allow
SPMC a credit period of 90 days from the renewal (A) Is the owner’s taking of insurance for the
of the policy with which to pay the premium. building with three (3) insurers valid? Discuss.
(3%)

Soon after the new policy was issued and before
premium payments could be made, a fire gutted the SUGGESTED ANSWER:
covered plant and facilities to the ground. The day
after the fire, SPMC issued a manager’s check to Taking out insurance covering the same property,
SIC for the fire insurance premium, for which it same insurable interest and same risk with three
was issued a receipt; a week later SPMC issued its insurance companies is “double insurance,”
notice of loss. recognized under Sec. 93 of the Insurance Code.
However, in American Home Assurance Co. v, Chua,
SIC responded by
issuing its own manager’s G.R. No. 130421, 28 June 1999, the court referred to
check for the amount of the premiums SPMC had the common inclusion of the “other insurance clause”
paid, and denied SPMC’s claim on the ground that in fire insurance policies, requiring disclosure of co-
under the ―cash and carry‖ principle governing insurance of the same property with other insurers.
fire insurance, no coverage existed at the time the
fire occurred because the insurance premium had (B) The Building was totally razed by fire. If the
not been paid.
Is SPMC entitled to recover for the owner decides to claim from Eastern Insurance
loss form SIC? (8%)
 Corp. only P50 Million, will the claim prosper?
Explain. (2%)
INSURANCE BAR QUESTIONS
BJ GIRLS
SUGGESTED ANSWER: b. On May 26, 2014, Jess insured with Jack
Insurance (Jack) his 2014 Toyota Corolla
Insured can recover from Eastern Insurance Corp. up sedan under a comprehensive motor vehicle
insurance policy for one year. On July 1,
to the extent of his loss. However, Eastern may refuse
2014, Jess’ car was unlawfully taken. Hence,
to pay if the policy contains an “other insurance
he immediately reported the theft to the
clause” stipulating that non- disclosure of double Traffic Management Command (TMC) of the
insurance will avoid the policy (Geagonia v. Country Philippine National Police (PNP), which
Bankers Insurance, G.R. No. 114427, 06 February made Jess accomplish a complaint sheet as
1995.) As there is no indication of a contractual part of its procedure. In the complaint sheet,
prohibition on double or other insurance, all insurance Jess alleged that a certain Ric Silat(Silat) took
possession of the subject vehicle to add
contracts over the building are deemed valid and
accessories and improvements thereon.
enforceable.
However, Silat failed to return the subject
vehicle within the agreed 3-day period. As a
The law prohibits double or over- recovery, not double
result, Jess notified Jack of his claim for
insurance. Since Eastern insured the property up 50% reimbursement of the value of the lost vehicle
of the total coverage, it is liable for only 50% of the under the insurance policy. Jack refused to
total actual loss. Eastern Insurance Corp. is liable to pay claiming that there is no theft as Jess gave
the extent of its coverage but may recover one-half of Silat lawful possession of the car. Is Jack
the total indemnity from the co-insurers in the correct? (4%)
proportion of 60% (Southern Insurance) – 40%
c. As a rule, an insurance contract is consensual
(Northern Insurance).
and voluntary. The exception is in the case of: (1%)

2014 EXAMINATION (A) Inland Marine Insurance


a. Carlo and Bianca met in the La Boracay
(B) Industrial Life Insurance
festivities. Immediately, they fell in love with
each other and got married soon after. They
(C) Motor Vehicle Liability Insurance
have been cohabiting blissfully as husband
and wife, but they did not have any offspring.
(D) Life Insurance
As the years passed by, Carlo decided to take
out an insurance on Bianca’slife
for P1,000,000.00 with him (Carlo) as sole
beneficiary, given that he did not have a d. On February 21, 2013, Barrack entered into a
steady source of income and he always contract of insurance with Matino Insurance
depended on Bianca both emotionally and Company (Matino) involving a motor
financially. During the term of the insurance, vehicle. The policy obligates Matino to pay
Bianca died of what appeared to bea Barrack the amount of Six Hundred
mysterious cause so that Carlo immediately Thousand Pesos (P600,000.00) in case of loss
or damage to said vehicle during the period
requested for an autopsy tobe conducted. It
covered, which is from February 26, 2013 to
was established that Bianca died of a natural February 26, 2014.
cause. More than that, it was also established
that Bianca was a transgender all along – a On April 16, 2013, at about 9:00 a.m., Barrack
fact unknown to Carlo. Can Carlo claim the instructed his driver, JJ, to bring the motor vehicle to
insurance benefit? (5%) a near by auto shop for tune-up. However, JJno longer
returned and despite diligent efforts to locate the said
vehicle, the efforts proved futile. Resultantly, Barrack
promptly notified Matino of the said loss and
INSURANCE BAR QUESTIONS
BJ GIRLS
demanded payment of the insurance proceeds g. On December 1, 2010, Kore A
of P600,000.00. Corporationshipped from South Korea to LT
Corporation in Manila some 300,000 sheets
In a letter dated July 5, 2013. Matino denied the of high-grade special steel. The shipment was
claim, reasoning as stated in the contract that "the insured against all risks by NA
company shall not be liable for any malicious damage Insurance(NA). The carrying vessel arrived
caused by the insured, any member of his family or by at the Portof Manila on January 10, 2011.
a person in the insured’s service. Is Matino correct in When the shipment was discharged, it was
denying the claim? (4%) noted that 25,000 sheets were damaged and
in bad order. The entire shipment was turned
over to the custody of ATI, the arrastre
operator, on January 21, 2011 for storage and
safekeeping, pending its withdrawal by the
e. A person is said to have an insurable interest in consignee’s authorized customs broker,
the subject matter insured where he has a relation or RVM.
connection with, or concern in it that he will derive
pecuniary benefit or advantage from its preservation.
On January 26 and 29, 2011, the subject shipment
Which among the following subject matters is not
was withdrawn by RVM from the custody of ATI. On
considered insurable? (1%)
January 29, 2011, prior to the withdrawal of the last
batch of the shipment, a joint inspection of the cargo
(A) A partner in a firm on its future profits was conducted per the Request for Bad Order Survey
(RBO) dated January 28, 2011. The examination
(B) A general creditor on debtor’s property report showed that 30,000 sheets of steel were
damaged and in bad order.
(C) A judgment creditor on debtor’s property
NA Insurance paid LT Corporationthe amount
(D) A mortgage creditor on debtor’s of P30,000,000.00 for the 30,000 sheets that were
mortgaged property damaged, as shown in the Subrogation Receipt dated
January 13, 2013. Thereafter, NA Insurance demanded
reparation against ATI for the goods damaged in its
custody, in the amount of P5,000,00.00. ATI refused
to pay claiming that the claim was already barred by
the statute of limitations. ATI alleged that the Carriage
of Goods by Sea Act (COGSA) applies in this case
f. On September 25, 2013, Danny Marcial
since the goods were shipped from a foreign port to the
(Danny) procured an insurance on his life
Philippines. NA Insurance claims that the COGSA
with a face value of P5,000,000.00 from RN
does not apply, since ATIis not a shipper or carrier.
Insurance Company (RN), with his wife Tina
Who is correct? (5%)
Marcial(Tina) as sole beneficiary. On the
same day, Danny issued an undated check to
RN for the full amount of the premium. On
October 1, 2013, RN issued the policy
covering Danny’s life insurance. On October h. On May 13, 1996, PAM, Inc. obtained
5, 2013, Dannymet a tragic accident and died. a P15,000,000.00 fire insurance policy from
Tina claimed the insurance benefit, but RN Ilocano Insurance covering its machineries
was quick to deny the claim because at the and equipment effective for one (1) yearor
time of Danny’s death, the check was not yet until May 14, 1997. The policy expressly
encashed and therefore the premium stated that the insured properties were located
remained unpaid. at "Sanyo Precision Phils. Building, Phase
III, Lots 4 and 6, Block 15, PEZA, Rosario,
Is RN correct? Will your answer be the same if the Cavite." Before its expiration, the policy was
check is dated October 15, 2013? (4%) renewed on "as is" basis for another year or
until May 13, 1998. The subject properties
were later transferred to Pace Factory also in
PEZA. On October 12, 1997, during the
effectivity of the renewed policy, a fire broke
INSURANCE BAR QUESTIONS
BJ GIRLS
out at the Pace Factory which totally burned (A) May Sotero validly designate her niece as
the insured properties. beneficiary?

The policy forbade the removal of the insured (B) May the incontestability period set in
properties unless sanctioned by Ilocano. Condition even in cases of fraud as alleged in this case?
9(c) of the policy provides that "the insurance ceases
to attach as regards the property affected unless the (C) Is Aban entitled to claim the proceeds
insured, before the occurrence of any loss or damage, under the policy?
obtains the sanction of the company signified by
endorsement upon the policy x x x (c) if the property
insured is removed to any building or place other than
in that which is herein stated to be insured." PAM
claims that it has substantially complied with notifying j. ELP Insurance, Inc. issued Marine Policy No.
Ilocano through its sister company, the RBC, which, 888 in favor of FCL Corp. to insure the
in fact, referred PAM to Ilocano for the insurance shipment of 132 bundles of electric copper
coverage. Is Ilocano liable under the policy? (4%) cathodes against all risks. Subsequently, the
cargoes were shipped on board the vessel
"M/V Menchu" from Leyte to Pier 10, North
Harbor, Manila.
i. On July 3, 1993, Delia Sotero (Sotero) took
Upon arrival, FCL Corp. engaged the services of
out a life insurance policy from Ilocos
CGM, Inc. for the release and withdrawal of the
Bankers Life Insurance Corporation (Ilocos
cargoes from the pier and the subsequent delivery to
Life) designating Creencia Aban(Aban), her
its warehouses/plants in Valenzuela City. The goods
niece, as her beneficiary. Ilocos Life issued
were loaded on board twelve (12) trucks owned by
Policy No. 747, with a face value
CGM, Inc., driven by its employed drivers and
of P100,000.00, in Sotero’s favor on August
accompanied by its employed truck helpers. Of the
30, 1993, after the requisite medical
twelve (12) trucks en routeto Valenzuela City, only
examination and payment of the premium.
eleven (11) reached the destination. One (1) truck,
loaded with eleven (11) bundles of copper cathodes,
On April 10, 1996, Sotero died. Aban filed a claim failed to deliver its cargo.
for the insurance proceeds on July 9, 1996. Ilocos Life
conducted an investigation into the claim and came out
Because of this incident, FCL Corp. filed with
withthe following findings:
ELP Insurance, Inc. a claim for insurance indemnity in
the amount of P1,500,000.00. After the requisite
1. Soterodid not personally apply for investigation and adjustment, ELP Insurance, Inc. paid
insurance coverage, as she was illiterate. FCL Corp. the amount of P1,350,000.00 as insurance
indemnity.
2. Soterowas sickly since 1990.
ELP Insurance, Inc., thereafter, filed a complaint
3. Soterodid not have the financial capability for damages against CGM, Inc. before the Regional
to pay the premium on the policy. Trial Court (RTC), seeking reimbursement of the
amount it had paid to FCL Corp. for the loss of the
4. Soterodid not sign the application for subject cargo. CGM, Inc. denied the claim on the basis
insurance. that it is not privy to the contract entered into by and
between FCL Corp. and ELP Insurance, Inc., and
5. Aban was the one who filed the insurance hence, it is not liable therefor. If you are the judge, how
application and designated herself as the will you decide the case? (4%)
beneficiary.
2015 EXAMINATION
For the above reasons and claiming fraud, Ilocos Life
denied Aban’s claim on April 16, 1997, but refunded A. Novette entered into a contract for the purchase of
the premium paid on the policy. (6%) certain office supplies. The goods were shipped. While
in transit, the goods were insured by Novette. Does she
INSURANCE BAR QUESTIONS
BJ GIRLS
have an insurable interest over the goods even before 2017 EXAMINATION
delivery of the same to her? Explain. (2%)
Absolute Timber Co. (ATC) has been engaged in the
B. Will an insurance policy be binding even if the logging business in Isabela. To secure one of its
premium is unpaid? What if it were partially paid? shipments of logs to be transported by Andok Shipping
(3%) Co., ATC purchased a marine policy with an all-risk
provision. Because of a strong typhoon then hitting
Northern Luzon, the vessel sank and the shipment of
2016 EXAMINATION lofs was totally lost. ATC filed its claim, but the
insurer denied the claim on several grounds, namely:
Jason is the proud owner of a newly-built house worth
PS million. As a protection against any possible loss
or damage to his house, Jason applied for a fire 1. the vessel had not been seaworthy;
insurance policy thereon with Shure Insurance 2. the vessel’s crew had lacked sufficient training;
Corporation (Shure) on October 11, 2016 and paid the 3. the improper loading of the logs on only one side of
premium in cash. It took the company a week to the vesse had led to the tilting of the ship to that side
approve Jason's application. On October 18, 2016, during the stormy voyage; and
Shure mailed the approved policy to Jason which the 4. the extremely bad weather had been a fortuitous event.
latter received five (5) days later. However, Jason's
house had been razed by fire which transpired a day ATC now seeks your legal advice to know if its claim
before his receipt of the approved policy. Jason filed a was sustainable. What is your advice? Explain your
written claim with Shure under the insurance policy. answer. (3%)
Shure prays for the denial of the claim on the ground
that the theory of cognition applies to contracts of
The newly restored Ford Mustang muscle car was just
insurance.
released from the car restoration shop to its owner,
Seth, an avid sportsman. Given his passion for sailing,
Decide Jason's claim with reasons. (5%) he needed to go to a round-the-world voyage with his
crew on his brand-new 180-meter yacht. Hearing
X insured his life for P20 million. X, plays golf and about his coming voyage, Sean, his bosom friend,
regularly exercises everyday, hence is considered in asked Seth if he could borrow the car for his net
good health. He did not know, however, that his roadshow. Sean, who had been in display the restored
frequent headache is really caused by his being car of Seth in major cities of the country. Seth agreed
hypertensive. In his application form for a life and lent the Ford Mustang to Sean. Seth further
insurance for himself, he did not put a check to the expressly allowed Sean to use the car even for his own
question if he is suffering from hypertension, believing purposes on special occasions during his absence from
that because of his active lifestyle, being hypertensive the country. Seth and Sean then went together to
is a remote possibility. While playing golf one day, X Bayad Agad Insurance Co. (BAIC) to get separate
collapsed at the fairway and was declared dead on policies for the car in their respective names.
arrival at the hospital. His death certificate stated that
X suffered a massive heart attack.
BAIC consults you as its lawyer on whether separate
policies could be issued to Seth and Sean in respect of
[a] Will the beneficiary of X be entitled to the
the same car.
proceeds of the life insurance under the
circumstances, despite the non-disclosure
that he is hypertensive at the time of a. What is insurable interest? (2%)
application? (2.5%)

b. Do Seth and Sean have separate insurable interests?


[b] IfX died in an accident instead of a heart
Explain briefly your answer. (3%)
attack, would the fact of X's failure to
disclose that he is hypertensive be considered
as material information? (2.5%) Morgan, a lawyer, received a lot of diving and other
water sports equipment as payment of his professional
fees by Dennis, his client in a child custody case.
Dennis owned a diving and water sports dealership in
Anilao, Batangas. Morgan decided to name Dennis as
INSURANCE BAR QUESTIONS
BJ GIRLS
entrustee because he did not have any experience in
selling such specialized sports equipment. They
executed a trust receipt agreement, with Morgan as
entruster and Dennis as entrustee.

Before the sports equipment could be sold, a strong


typhoon hit Batangas. Anilao and other parts of
Batangas experienced power outage. Taking
advantage of the total darkness, unidentified thieves
destroyed the padlocks of the establishment of Dennis,
and carted off the equipment inside.

Morgan demanded that Dennis pay the value of the


stolen equipment, but the latter refused on the ground
that he also had suffered from the effects of the
typhoon, and insisted that the cause of the loss was
fortuitous event or force majeure.

Is the justification of Dennis warranted?

TRUE or FALSE – Explain briefly your answer.

e. The law on life insurance prohibits double


insurance. (2%)