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  • Sta Ana Vs Commercial Union

    Transféré par

    Joel Milan
    463 vues1 page
    Santa Ana insured his house with multiple insurance companies without informing them of the other policies. When the house burned down, he filed claims with all the companies. The companies refused payment, arguing the claims were fraudulent as the value claimed exceeded the real value of the house, and that they were not informed of the other concurrent policies. The court upheld the trial court's finding that the policies required disclosure of other insurance and consent, which was not provided. As the policies were null and void due to the lack of disclosure, the plaintiff could not recover from the defendant insurance companies.

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    Sta Ana vs Commercial Union

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    © Attribution Non-Commercial (BY-NC)

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    Santa Ana insured his house with multiple insurance companies without informing them of the other policies. When the house burned down, he filed claims with all the companies. The companies refused payment, arguing the claims were fraudulent as the value claimed exceeded the real value of the house, and that they were not informed of the other concurrent policies. The court upheld the trial court's finding that the policies required disclosure of other insurance and consent, which was not provided. As the policies were null and void due to the lack of disclosure, the plaintiff could not recover from the defendant insurance companies.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    463 vues1 page

    Sta Ana Vs Commercial Union

    Transféré par

    Joel Milan
    Santa Ana insured his house with multiple insurance companies without informing them of the other policies. When the house burned down, he filed claims with all the companies. The companies refused payment, arguing the claims were fraudulent as the value claimed exceeded the real value of the house, and that they were not informed of the other concurrent policies. The court upheld the trial court's finding that the policies required disclosure of other insurance and consent, which was not provided. As the policies were null and void due to the lack of disclosure, the plaintiff could not recover from the defendant insurance companies.

    Droits d'auteur :

    Attribution Non-Commercial (BY-NC)
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    Santa Ana vs. Commercial Union (1930) Facts: 1. In 1923, Sta.

    Ana built his house in Pasig and insured it against fire for (1) P3,000 to Phoenix Assurance o!"an# and (2) P$,000 to %uardian Assurance o!"an#, &i!ited, for a "eriod of one #ear. 2. In 'o(e!ber 192), Santa Ana !ortgaged this house to %arcia for P),000, for a "eriod of t*o #ears, the contract being dra*n u" as a retro sale for the su! of P),000. +he 2 "olicies *ere endorsed to %arcia. 3. In ,ece!ber 192), Santa Ana reinsured said house *ith the defendant co!"anies, the %lobe and -utgers .ire Insurance o!"an# of 'e* /or0, and the o!!ercial 1nion Assurance o!"an# &i!ited of &ondon, through their co!!o n agent dul# authori2ed to re"resent the! in the Phili""ine Islands, the Pacific o!!ercial o!"an# *hich *as to be effecti(e for one #ear. 3. 4n Se"te!ber 20, 192$, Santa Ana too0 out another insurance "olic# on the house in 5uestion for P$,000 in the 6.ili"inas, o!"ania de Seguros, *hich issued the one7#ear "olic# u"on recei(ing fro! Sta. Ana "re!iu! thereon. ). +*el(e hours before the ex"iration of the "olicies issued b# the Phoenix Assurance o!"an# and the %uardian Assurance o!"an#, &i!ited for P3,000 and P$,000 res"ecti(el#, the entire house *as burned. $. Santa Ana ga(e notice in due ti!e of the loss to each and e(er# one of the co!"anies in *hich he had insured the house and de!anded "a#!ent of the res"ecti(e "olicies. 8. +he insurance co!"anies refused "a#!ent on the ground that the clai! of P21,000 filed b# hi! *as fraudulent, being in excess of the real (alue of the insured "ro"ert#9 that none of said companies had been informed of the e istence of the other policies in the other companies! and that the fire *as intentional. :. Sta. Ana filed ci(il cases in -+ against +he o!!ercial 1nion Assurance o!"an#, &i!ited in case 'o. 312$39 the %lobe and -utgers .ire Insurance o!"an# of 'e* /or0 in case 'o. 312$39 and the Phoenix Assurance o!"an#, &i!ited, the %uardian Assurance o!"an#, &i!ited, and the 6.ili"inas, o!"ania de Seguros6, incase 'o. 31322. All the defendants are absol(ed in their alleged liabilities b# the -+ . ;ence this "etition. "SSU#:Can the ins$red claim a%ainst the ins$rance companies& '#(): *+. <ithout deciding *hether notice of other insurance u"on the sa!e "ro"ert# !ust be gi(en in *riting, or *hether a (erbal notice is sufficient to render an insurance (alid *hich re5uires such notice, *hether oral or *ritten, the S held that in the absolute absence of such notice *hen it is one of the conditions s"ecified in the fire insurance "olic#, the "olic# is null and (oid. Since the "olic# is null and (oid, "laintiff cannot reco(er fro! the defendants insurance co!"anies. +he S u"held the finding of the trial court that the "olicies "ro(ide that no other insurance should be ad!itted u"on the "ro"ert# thereb# assured *ithout the consent of said co!"anies dul# gi(en b# endorse!ent.

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