SAN BEDA COLLEGE

COLLEGE OF LAW
Mendiola, Manila
A.Y. 2016-2017

CASE DIGESTS
IN
INSURANCE LAW

Submitted by:
NOMBRE, NOREEN PATRICIA V.
2E

Submitted to:
DEAN JOSE R. SUNDIANG
 TABLE OF CONTENTS
PAGE #
I. Prayers
II Bedan Pledge
III. Acknowledgement Letter
IV. Case Doctrines
V. Case Digests

I. Construction of Insurance Contract

1. Calanoc vs. Court of Appeals
2. Biagtan vs. Insular Life Assurance Co. Ltd
3. Finman Gen. Insurance Corp. vs. Court of Appeals
4. Zenith Insurance Corp. vs. Court of Appeals
5. Sun Insurance Office Ltd. vs. Court of Appeals
6. Villacorta vs. Insurance Commission
7. Figuracion Vda. De Maglana vs. Hon. Francisco Consolacion
8. Perla Compania de Seguro vs. Court of Appeals
9. Geagonia vs. Court of Appeals
10. Fortune Insurance & Surety Co. Inc. vs Court of Appeals
11. Edillon vs. Manila Bankers Life
12. Perla Compania de Seguro vs. Court of Appeals
13. Crispona vs. Court of Appeals
14. White Gold Marine Services Inc. vs. Pioneer Insurance
and Surety Corp. and Steamship Mutual Underwriting Assoc. Ltd.
15. Republic vs. Sunlife Assurance Company of Canada
16. Philamcare Health Systems, Inc. vs. Court of Appeals
17. Commissioner of Internal Revenue vs. Lincoln Phil. Life Insurance

II. Perfection of Insurance Contract

18. Enriquez vs. Sunlife Assurance Company of Canada
19. Great Pacific Life Insurance vs. Court of Appeals
20. Dev. Bank of the Phil. vs. Court of Appeals
21. Philamcare Health Systems Inc. vs. Court of Appeals
22. Gulf Resorts, Inc. vs. Phil. Charter Insurance Corp.

III. Subrogation
23. Malayan Insurance Co. Inc. vs. Court of Appeals
24. Manila Mahogany vs. Court of Appeals
25. Pan Malayan Ins. Corp. vs. Court of Appeals
26. Cebu Shipyard and Engineering Works, Inc. vs. William Lines
27. Delsan Transport Lines, Inc. vs. Court of Appeals
28. Federal Express Corporation vs. American Home Assurance Co.

IV. Insurable Interest

29. Sps. Nilo and Stella Cha. vs. Court of Appeals
30. Great Pacific Life Insurance Corp. vs. Court of Appeals
31. Harvardian Colleges of San Francisco Pampanga Inc. vs.
Country Bankers Insurance Corp.
32. Ang Ka Yu vs. Phoenix Assurance Co. Ltd.

V. Concealment and Representation

33. Insular Life Assurance Co. vs. Feliciano
34. Sunlife Assurance Co. of Canada vs. CA
35. Thelma Vda. De Canilang vs. Court of Appeals
VI. Persons Entitled To Recover Under The Policy
36. Bonifacio Bros. vs. Mora
37. First Integrated Bonding & Insurance Co. vs. Hernando
38. Sherman Shaper vs. Hon. Judge RTC of Olongapo City

VII. Incontestability Clause

39. Tan vs. Court of Appeals

VIII. Liability Under An Open Policy

40. Development Insurance Corp. vs. Intermediate Appellate Court

IX. Prescription of Action

41. Sun Insurance Office Ltd. vs. CA
42. Jacqueline Jimenez Vda. De Gabriel vs. Court of Appeals
X. Premium Payments
43. Malayan Insurance Co. Inc. vs. Gregorio Cruz Arnaldo
44. Makati Tuscany Condominium Corp. vs. Court of Appeals
45. South Sea Surety & Ins. Co. Inc vs. Court of Appeals
46. Sps. Antonio Tibay and Violeta Tibay et. al. vs. Court of Appeals
47. UCPB General Insurance Co. Inc. vs. Masagana Telemart Inc.
48. American Home Assurance Co. vs. Antonio Chua
49. Paulin vs. Insular Life Ass. Co. Ltd.

XI. Double Insurance

50. Pioneer Insurance & Surety Corp. vs. Oliva Yap
51. Republic Bank. vs. Phil. Guaranty Co. Inc.
XII. Marine Insurance
52. Oriental Assurance Corp. vs. Court of Appeals
53. Roque vs. Intermediate Appellate Court
54. Filipinas Merchants Insurance vs. Court of Appeals
55. Choo Tek Seng vs. Court of Appeals
56. Delsan Transport Lines Inc. vs. Court of Appeals

XIII. Life Insurance

57. Del Val vs. Del Val
58. Bank of Philippine Islands vs. Posadas
59. Insular Life vs. Ebrado

XIV. Cash Surrender Value

60. Manufacturing Life Insurance Co. vs. Meer

XV. Suretyship
61. Development Bank of the Phils. vs. Court of Appeals
62. Phil. Pryce Assurance Corp. vs. Court of Appeals
XVI. Claims Settlement and Proof of Loss
63. Tio Khe Chio vs. Court of Appeals
64. Finman Assurance Corporation vs. Court of Appeals
65. Country Bankers Insurance Corp. vs. Lianga Bay and Community
XVII. Compulsory Motor Vehicle Liability Insurance
66. Perla Compania de Seguro Inc. vs. Hon. Constante Ancheta
67. First Quezon Insurance Co. vs. Court of Appeals
68. Perla Compania de Seguro Inc. vs. Ramolete
69. Government Service Insurance System vs. Court of Appeals
XVIII. Jurisdiction of the Insurance Commission
70. Philippine American Life Insurance Co. vs. Ansaldo

XIX. Additional Cases

a. Insurable Interest
71. Gasiano Cagayan Inc. vs. Insurance Co. of North America

b. Burden of Proof
72. DBP Pool Accredited Insurance Co. vs. Trans-Asia
Shipping Lines Inc.

c. Breach of Warranty
73. Prudential Guarantee and Assurance Inc. vs. Trans-Asia
Shipping Lines Inc.

d.
74. Republic vs. Del Monte Motors, Inc.
75. Insular Life Assurance Co. Ltd. vs. Manuel M. Serrano
 BEDAN LAWYERS PLEDGE
I am a Bedan

I Affirm:

The supremacy of Divine law over all others laws and the law of love as
the greatest of Gods laws;

The incalculable worth of human life, the inherent dignity of the human
person, and the sacredness of the family;

The principle of stewardship; that everything my life, my talents,

abilities, resources and possessions, and all the bounties of nature
comes from God and is merely entrusted to me as his steward, and that
whatever I have is not for my exclusive use, enjoyment and benefit, but
for the good and welfare of my fellowmen especially the poor,
disadvantaged and marginalized.

That peace and justice are the primordial end of all human laws, and
that neither justice nor peace can be attained without truth, and I affirm
my abiding faith in democracy and non-violence as away of life.

I therefore commit myself:

To obey Gods laws

To love my country next only to God

To protect its environment and safeguard its rich culturalheritage; and

to uphold the Constitution and respect duly constituted authority

To serve my fellowmen in the spirit of love and humility

To be honest, just and fair in all that I do

To have the moral courage to stand up for truth and justice no matter
what the cost

To be diligent in my work and study; and

To do what is required of me in the building of a fully human, wholly

Christian and truly Filipino community, a just society striving to make
the kingdom of God a reality in this world.

SO HELP ME GOD.
 PRAYER BEFORE CLASS

Merciful Father, source of all wisdom and knowledge,

You never cease to love and care for us
Despite our failings,
In Your great love for us,
You sent your only-begotten Son to lead us out of darkness into the fullness of Your light.

Send forth Your Spirit

To guide our hearts and minds
And to be with us now as we discuss our lessons
So that we may discover
What is true and just.

We ask this through Jesus Christ our Lord. Amen.

PRAYER AFTER CLASS

Most Kind and loving Father, You Sent the Holy Spirit to enlighten Your apostles.
We thank you for the knowledge and wisdom which,
By the same Holy Spirit, You have bestowed on us.

Continue to bless and protect our school, administrators, professors, and each and every
one of us.

Give grace to accept, with humility, our personal triumphs and failures, the courage to
persevere in our studies, and the determination to become fully human, wholly Christian
and truly Filipino lawyers

THAT IN ALL THINGS, YOU MAY BE GLORIFIED.

Grant this through Jesus Christ our Lord. Amen.

 Acknowledgement Letter:

Dear Dean Jose Sundiang,

Please allow me to take this opportunity to express my sincerest

gratitude to you.
I am extremely fortunate to have been under your guidance in
Insurance Law.
When I learned that you were going to be our professor in the subject, I
was eager to start the semester because of your reputation as one of the best
professors and expert in Commercial law.
Throughout the semester, I was amazed at your mastery of the subject.
You can cite the provisions verbatim and create a clear picture of an otherwise
complex web of ideas. I can only hope to approximate your brilliance when I,
too, become a lawyer and hopefully, professor of law someday.
Because of you, I will forever remember never to look down on
desperation, or look side to side for information, but to always look up to God
for inspiration. This reminder of yours is recognition that the creator is
greater than the sum of our achievements and above all, a testament of your
humility
I fervently hope that you would be able to touch the lives of more
students like me in the years to come.

Thank you.

Sincerely yours,
Noreen Patricia V. Nombre