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No. 5715 | December 20, 1910 | Johnson, J. [1] T
he use of the building as a paint and varnish shop annulled the policy of the insurance.
● Construction given to this claim by American courts wouldn’t justify forfeiture of policy
SUMMARY: Bachrach took out a fire insurance policy with British American Assurance on that ground. The property insured consisted mainly of household furniture kept for
Company. It includes a “Calalac” automobile, which is grants the use of a maximum of 10 purpose of sale. The preservation of the furniture in a salable condition by retouching
gallons of gasoline. The building caught on fire. Bachrach sought to recover the sum of or otherwise was incidental to the business. Plaintiff says that the alcohol was used in
P9,841.50, but was denied by British American. The court held that British American was not preparing the varnish for purpose of retouching and that the alcohol was kept in the
released from its obligation in the policy store and not in the bodega where the furniture was. It is well settled that the keeping
of inflammable oils on the premises, though prohibited by the policy, does not void it
DOCTRINE: The interest in property insured does not pass by mere execution of a chattel if such keeping is incidental to the business. The other objections that the insured
mortgage and that while a chattel mortgage is a conditional sale, there is no alienation with the automobile contained gasoline and on one occasion plaintiff was seen in the bodega
meaning of insurance law until the mortgagee acquires a right to take possession by default with a lighted lamp, can also be said to be incidental to the use of the insured article.
under the terms of the mortgage. ● It may also be added that there was no express prohibition on keeping paints and
varnishes upon the premises where the insured property was store. If the insurer
FACTS: intended such, it should have been plainly expressed.
● On February 21, 1908, the plaintiff-appellee Bachrach, signed an insurance contract [2] Execution of chattel mortgages without knowledge and consent of insurer and without
with defendant-appellant British American Assurance Company with the following receiving sanction of said company, annulled the policy of insurance.
conditions: ● No provision in the policy prohibiting plaintiff from placing a mortgage upon property
○ Premium: Php 2,000 insured. But if such was intended due to the “alienation clause,” which imposes
○ Type of insurance: against loss or damage by fire forfeiture if the interest in the property pass from the insured, jurisprudence
○ Amount of insurance: Php 10,000 (American) provides that the interest in property insured does not pass by mere
○ Insured goods: belonging to a general furniture store, such as iron brass execution of a chattel mortgage and that while a chattel mortgage is a conditional
bedsteads, toilet, tables, chairs, ice boxes, bureaus, washstands, mirrors, sale, there is no alienation with the meaning of insurance law until the mortgagee
and seagrass furniture acquires a right to take possession by default under the terms of the mortgage.
○ Location of goods: stored in ground floor and 1st story of house and [3] Keeping of gasoline and alcohol in bottles in the building was a violation of the conditions
dwelling in No. 16 Calle Martinez, district 3, block 70, Manila thus rendering the policy null and void.
○ Co-insurances are allowed, particulars of which to be declared in the event ● Nothing in decision of the lower court talks about this. Neither is there any provision in
of loss or claim the policy relating to the facts alleged in said assignment of error.
○ Covered time: February 21, 1908 to 4PM of February 21, 1909 or in case of [4] The lower court failed to find as fact that the insured willfully placed a gasoline can
renewal of policy, at any time afterwards containing about 10 gallons of gasoline in the upper story of the building, in close proximity to a
● Insurance company agrees to pay as long as premiums are paid portion of goods, wares, and merchandise stored therein. The can was placed by insured as to
● Indorsed on the back, entered into on February 27, 1908 permit the gasoline to run on the floor of the 2nd story.
■ Policy covers and includes a “Calalac” automobile to the extent of ● Criminal action in CFI of Manila for willfully and maliciously burning the property
Php 1,250 covered by present case was dismissed since the evidence was insufficient to show
■ "Memo: Permission is hereby granted for the use of gasoline not guilt. Same evidence was introduced in this action but the SC can’t find that there is a
to exceed 10 gallons for the above automobile, but only whilst preponderance of evidence showing that the plaintiff did actually set fire or cause fire
contained in the reservoir of the car. It is further warranted that to be set to the goods.
the car be neither filled nor emptied in [5] Lower court failed to find as fact that insured, after placing the gasoline can in close
● The building caught fire on April 1908. (Court didn’t say when exactly but my guess is proximity to the goods covered by the policy, that the placed in close proximity to said escaping
April 19 based on the facts.) On July 13, 1908, the plaintiff commenced an action gasoline a lighted lamp containing alcohol, thereby greatly increasing the risk.
against the defendant to recover the sum of Php 9,841.50, the amount due, [6] Policy of insurance was not in force at time of fire and that the defendant didn’t waive the
deducting the salvage. After losing in the trial court, the defendant appealed to the SC acts or omissions of the insured caused, or tended to cause, the forfeiture of the policy.
and claimed that it has been released from all obligations in said policy on the ● Context: plaintiff submitted due notice of the loss immediately after the fire but
following grounds: defendant denied liability under the policy and declared it null and void thus waiving all
right to require proof
ISSUE w/ HOLDING & RATIO: ● SC: well settled by a preponderance of authorities that such a denial is a waiver of
W/N defendant has been r eleased from obligations in said policy. - NO notice of loss, because if the 'policies are null and void/ the furnishing of such notice
[The flow of the ratio is based on British American’s Arguments] would be vain and useless.
● Similarly, the requirement that the insured furnish his books and papers or to present
a detailed statement to the “juez municipal” in accordance with article 404 of the Code
of Commerce has been waived due to denial of liability. Furthermore, there is no
longer an official with the title “juez municipal”
[7] D
efendant is not liable for the loss under the policy.
● Too general in character to merit consideration
[8] Lower court should have deducted from the loss sustained by Bachrach the value of the
automobile, which was saved without damage
● Total salvaged amount (Php4k) already includes the automobile and the defendant
didn’t object when the salvaged amount was shared among all the insurers. It is too
late to raise the question that it is entitled solely to the value of the automobile.
[9] L ower court should have granted motion for new trial
● Too general in character to merit consideration
[10] Lower court refused to enter judgment in favor of defendant and against plaintiff
● Too general in character to merit consideration
RULING: Lower court judgment AFFIRMED. Defendant must pay Php9,841.50 w/ 6% interest
from July 13, 1908.