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Lincoln National Life v San Jaun c. They lack the element of INSURABLE INTEREST.

Misterioso
Petitioner: Lincoln National Life could not have afforded the insurance policies.
Respondent: San Juan d. There is abundant evidence that the real party in interest in these
Ponente: policies-the one who really took out the policies-is the defendant
Luis, and that Misterioso is merely a nominal party.
DOCTRINE: e. Luis or his wife Virginia is the beneficiary in every insurance
policy.
f. The policies were also found to have been acquired in quick
FACTS: succession. It was found that the various postal money orders
1. Luis Parco secured 5 life insurance policies from Lincoln National issued in payment of the premiums were made by the employer.
Life. It appears that, based on the circumstances and evidence, the
2. He insured a certain Misterioso San Juan. He FALSELY insurance was really taken out by the employer.
represented in the policies that: g. Note however that the amount of the paid premiums on the
a. Mysterioso was a proprietor and a fish merchant for 10 insurance policies (P1.600T) should be returned to Luis, since it
years. has not been proved that he killed Misterioso. No criminal case
b. That he had no employer but himself has been filed.
c. That his income exceeds P5T a year
d. And that he had no pending applications for life insurance DISPOSITION
3. Misterioso was in fact not a merchant, and that he is employed as a WHEREFORE, the appeal is hereby Approved.
tenant of Luis. SO ORDERED.
4. Also, a number of applications for insurance have been filed by Luis,
several of which have been declined.
5. Luis subsequently tries to collect from the policies. Allegedly,
Misterioso was killed. A severed human head in an advanced state
of decomposition found in a jeepney by its driver apparently left
intentionally by 2 unidentified passengers was said to be Misterioso.
6. Lincoln refuses to pay stating that there was false
misrepresentations, concealment of material facts made by
Misterioso and Luis and lack of insurable interest.

ISSUES:

1. W/N Luis can collect on the insurance policies.

RULING + RATIO:
1. No.
a. There is no shred of evidence that Lincoln had previous
knowledge of said false misrepresentations when it approved
the life insurance.
b. The present action is one for rescission of insurance contracts,
and Luis has the burden of proving the defense that Lincoln as
the insurer had previous notivce of such false
misrepresentations and/or concealment of material facts when
they approved the applications and issued the life insurance
policies.