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Doctrine:
A policy of insurance upon life or health may pass by transfer, will or succession to any person,
whether he has an insurable interest or not, and such person may recover it whatever the
insured might have recovered.
Facts:
Dr. Wilfredo Leuterio executed a group life insurance with Great Pacific Life Assurance Corp.
and Development Bank of the Philippines to the extent of his DBP mortgage indebtedness.
However, Grepalife denied the claims due to Leuterio when the latter died of massive cerebral
hemorrhage contending that there was concealment on the part of Leuterio which led to the
issuance of said life insurance policy. Medarda Leuterio, surviving spouse of the deceased, filed
a complaint in view of the foregoing, but this was assailed by Grepalife averring that she is not
a real party in interest.
Issue:
Whether or not Medarda Leuterio is a real party in interest.
Ruling:
Yes. since a policy of insurance upon life or health may pass by transfer, will or succession to
any person, whether he has an insurable interest or not, and such person may recover it
whatever the insured might have recovered, the widow of the decedent Dr. Leuterio may file
the suit against the insurer, Grepalife.
Doctrine:
The securities required by the Insurance Code to be deposited with the Insurance
Commissioner are intended to answer for the claims of all policy holders in the event that the
depositing insurance company becomes insolvent or otherwise unable to satisfy their claims.
The security deposit must be ratably distributed among all the insured who are entitled to their
respective shares; it cannot be garnished or levied upon by a single claimant, to the detriment
of the others.
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Tio Khe Chio v CA
G.R. No. 76101-02 September 30, 1991
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if the claim be in any respect fraudulent, or if any false declaration be made or used in support
thereof, or if any fraudulent means or devices are used by the Insured or anyone acting on his
behalf to obtain any benefit under this Policy," and the evidence is conclusive that the proof of
claim which the insured submitted was false and fraudulent both as to the kind, quality and
amount of the goods and their value destroyed by the fire, such a proof of claim is a bar
against the insured from recovering on the policy even for the amount of his actual loss.
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Doctrine:
An accident is an event that takes place without one's foresight or expectation — an event that
proceeds from an unknown cause, or is an unusual effect of a known cause and, therefore, not
expected.
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Doctrine:
There is nothing in the policy that relieves the insurer of the responsibility to pay the indemnity
agreed upon if the insured is shown to have contributed to his own accident. Indeed, most
accidents are caused by negligence.
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The underlying reason behind the third party liability (TPL) of the Compulsory Motor Vehicle
Liability Insurance is "to protect injured persons against the insolvency of the insured who
causes such injury, and to give such injured person a certain beneficial interest in the proceeds
of the policy.
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Vda de Gabriel v CA
G.R. No. 103883 November 14, 1996
Doctrine:
In an accident insurance, the insured's beneficiary has the burden of proof in demonstrating
that the cause of death is due to the covered peril. Once that fact is established, the burden
then shifts to the insurer to show any excepted peril that may have been stipulated by the
parties. An "accident insurance" is not thus to be likened to an ordinary life insurance where the
insured's death, regardless of the cause thereof, would normally be compensable.
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Tiu v Arriesgado
G.R. No. 138060 September 1, 2004
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a man must respond for the foreseeable consequences of his own negligent act or omission
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The securities required by the Insurance Code to be deposited with the Insurance
Commissioner are intended to answer for the claims of all policy holders in the event that the
depositing insurance company becomes insolvent or otherwise unable to satisfy their claims.
The security deposit must be ratably distributed among all the insured who are entitled to their
respective shares; it cannot be garnished or levied upon by a single claimant, to the detriment
of the others.
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