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JURISDICTION OF THE

INSURANCE COMMISSIONER
QUASI JUDICIAL FUNCTIONS

• The Insurance Commisssion has limited quasi-


judicial functions. It has jurisdiction over
insurance claims if any single claim does not
exceed P5 million.

• The jurisdiction is concurrent with regular


courts.
INSURANCE CLAIMS
Include the amount of any such loss,
damage or liability, excluding interest, cost
and attorney’s fees, being claimed or sued
upon any kind of insurance, bond,
reinsurance contract, or membership
certificate does not exceed in any single
claim P5 million.
CASES NOT COVERED

Quasi-judicial power of the


Insurance Commissioner does not cover
the relationship affecting the insurance
company, its agents but it is limited to
claims filed by the insured against the
insurance company.
AUTHORITY TO DECIDE

The authority to adjudicate granted to the


Commissioner under this section shall be
concurrent with that of the civil courts, BUT
the filing of a complaint with the
Commissioner shall preclude the civil courts
from taking cognizance of a suit involving the
same subject matter.
QUESTION:

Are there any cases where the


Insurance Commissioner exercise
original and exclusive
jurisdiction?
ANSWER:

YES!!!
Section 398, paragraph 2,
Insurance Code
In case of any dispute in the
enforcement of the provisions of any policy
issued pursuant to this chapter, the
adjudication of such dispute shall be within
the original and exclusive jurisdiction of the
Commissioner, subject to the limitations
provided in Section 439.
This chapter pertains to Chapter VI-
Compulsory Motor Vehicle Liability
Insurance of R.A. 10607
Sec. 387. It shall be unlawful for any land
transportation operator or owner of a motor vehicle to
operate the same in the public highways UNLESS there
is in force in relation thereto a policy of insurance or
guaranty in cash or surety bond issued in accordance
with the provisions of this chapter to indemnify the
death, bodily injury, and/or damage to property of a
third-party or passenger, as the case may be, arising
from the use thereof.
Section 55 of the Pre-Need Code
(R.A. 9829)
Section 55. Claims. - The Commission shall have the
primary and exclusive power to adjudicate any and all
claims involving pre-need plans. If the amount of
benefits does not exceed P100,000.00 the decision of the
Commission shall be final and executory.

Section 56. Review of Commission Orders or


Decisions. - Any person aggrieved by an order or decision
of the Commission, whether in relation to its settlement
of a claim of a planholder or in the exercise of its
regulatory authority, may appeal the order or decision
to the Court of Appeals by petition for review in
accordance with the pertinent provisions of the Rules of
Court.

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