Vous êtes sur la page 1sur 1

Guingon vs Illuminadodel Monte

G.R. No. L-22042; August 17, 1967


Bengzon, J.P., J.:

Facts: Julio Aguilar, owner and operator of several jeepneys entered into an insurance contact
with Capital Insurance and Surety Co. insuring the operation of his jeepneys with third party
liability. In the policy it was stated that the insurer shall be liable to pay the insured in cases of
death or body injury to any person and damage to property. illuminadodel Monte, one of the
drivers of Aguilar was driving one of his jeepneys when he bumped another jeepney causing an
accident to the alighting passenger Gervacio Guingon who died. An information for homicide
thru reckless imprudence was filed against Monte, who pleaded guilty. The heirs of Guingon
filed a claim for damages praying that Monte, Aguilar and Capital Insurance paid them jointly
and severally. Capital Insurance denied liabilty. The trial court ruled in favor of the heirs of
Guingon.

Issue: Whether or not Capital Insurance is liable?

Ruling: Yes. The policy in the present case is one whereby the insurer agreed to indemnify the
insured "against all sums which the Insured shall become legally liable to pay in respect of: a.
death of or bodily injury to any person". It is one for indemnity against liability; from the fact then
that the insured is liable to the third person, such third person is entitled to sue the insurer.
The right of the person injured to sue the insurer of the party at fault (insured), depends
on whether the contract of insurance is intended to benefit third persons also or only the
insured. And the test applied has been this: Where the contract provides for indemnity against
liability to third persons, then third persons to whom the insured is liable, can sue the insurer.
Where the contract is for indemnity against actual loss or payment, then third persons cannot
proceed against the insurer, the contract being solely to reimburse the insured for liability
actually discharged by him thru payment to third persons, said third persons' recourse being
thus limited to the insured alone.

Vous aimerez peut-être aussi