Rafael Enriquez, plaintiff-appellant vs.

Sun Life Assurance Company of

Canada, defendant-appellee
No. 15895, November 29, 1920
Justice George A Malcolm, ponente

Fact: This is an appeal from the ruling of the Court of First Instance, Manila.
On September 24, 1917 Joaquin Ma. Herrer applied for life insurance with the
Sun Life Assurance Company of Canada and the corresponding premium of
Php 6,000. Subject to medical examination and subject to the approval and
acceptance of the Head office of the insurance company in Canada
(Montreal).

On November 26, 1917 the head office cabled its acceptance and issued a
policy dated December 4, 1918 at Montreal.

A letter of acceptance was send to Joaquin on November 26, 1917 by the

Manila office, which was received by Joaquin’s lawyer on December 21,
1917.

Joaquin died on December 20, 1917.

Issue: Was there a contract of insurance?

Ruling: There was no contract of insurance.

Civil code provision that the acceptance must come to the knowledge of the
offeror.