Fieldman insurance co inc vs vda de songco case digest essay

Complainant, thereafter, filed a claim for total loss with the respondent company but claim was denied. These conditions state that: Robert answered yes in letter a. On the 29th of May,the defendant, in consideration of the payment of a premium of P60, entered into a contract of insurance with the plaintiff policy No.

Whether or not the insurer is liable for the payment of the insurance premiums HELD: At this juncture, We find it fit to quote with approval, the very apt observation of then Appellate Associate Justice Ruperto G. The latter paid the annual premium the sum of P1, An application for insurance is merely an offer which requires the overt act of the insurer for it to ripen to a contract.

On May 11,while it was in the custody of the Sunday Machine Works, the car was allegedly taken by six 6 persons and driven out to Montalban, Rizal. Robert died in a plane crash. It bears repeating that through the intra-company communication of April 30, Exhibit 3-MPacific Life disapproved the insurance application in question on the ground that it is not offering the twenty-year endowment insurance policy to children less than seven years of age.

The interpretation of the word "stored" is quite difficult, in view of the many decisions upon the various conditions presented. Whether intentional or unintentional the concealment entitles the insurer to rescind the contract of insurance Section 26, Id.: In life annuity, a big amount is given to the insurance company, and if after a certain period of time the insured is stil living, he is entitled to regular smaller amounts for the rest of his life.

Notwithstanding any agreement to the contrary, no policy or contract of insurance issued by an insurance company is valid and binding unless and until the premium thereof has been paid, except in the case of a life or an industrial life policy whenever the grace period provision applies.

What it offered instead is another plan known as the Juvenile Triple Action, which private respondent failed to accept.

The remaining members of the family claimed the proceeds of the insurance with the company but it refused to pay on the ground that the vehicle was not a common carrier.

It was when things were in such state that on 28 May Helen Go died of influenza with complication of broncho-pneumonia. Two petitions for certiorari by way of appeal were filed by Pacific Life and Mondragon.

Fieldman Insurance Co. Inc. vs Vda de Songco Case Digest Essay

Hence, Thelma filed a complaint against Great Pacific with the Insurance Commission for recovery of the insurance proceeds.

According to Leticia, Francisco and Cirila were lovers since they slept in the same room. Clearly implied from the aforesaid conditions is that the binding deposit receipt in question is merely an acknowledgment, on behalf of the company, that the latter's branch office had received from the applicant the insurance premium and had accepted the application subject for processing by the insurance company; and that the latter will either approve or reject the same on the basis of whether or not the applicant is "insurable on standard rates.

The petitons were consolidated by the Supreme Court in a resolution dated 29 April Bernarda filed a claim with Sunlife, seeking the benefits of the insurance policy taken by her son. There can be no contract of insurance unless the minds of the parties have met in agreement.

L October 12, Lessons Applicable: While travelling along Mabini St. Where an agreement is made between the applicant and the agent, no liability shall attach until the principal approves the risk and a receipt is given by the agent. Trial court ruled in favor of Bernarda and concluded that although there was concealment and misrepresentation the facts concealed by the insured were made in good faith and under a belief that they need not be disclosed.

Mondragon finally type-wrote the data on the application form which was signed by private respondent Ngo Hing. The supposed breach of the water pressure condition is made to rest on the testimony of witness Serra, that the water supply could fill a 5-gallon can in 3 seconds; appellant thereupon inferring that the maximum quantity obtainable from the hydrants was gallons a minute, when the warranty called for gallons a minute.

This just means that the charterer would have the goods insured. Said fireworks had been given to the plaintiff by the former owner of the Luneta Candy Store; that the plaintiff intended to use the same in the celebration of the Chinese new year; that the authorities of the city of Manila had prohibited the use of fireworks on said occasion, and that the plaintiff then placed the same in said bodega, where they remained from the 4th or 5th of February,until after the fire of the 18th of March, Besides, the associate of Mondragon that he was, Ngo Hing should only be presumed to know what kind of policies are available in the company for minors below 7 years old.

InKwong died of cancer of the liver with metastasis. Life annuity is the opposite of a life insurance.

Case Digests

His statement therefore was made in good faith. On the matter of fruits and interests, we take into consideration that petitioners have been using the land and have derived benefit from it just as respondent Florentino has used the price of the land in the sum of P 8, It would be perilously close to conniving at fraud upon the insured to allow Law Union to claim now as void ab initio the policies that it had issued to the plaintiff without warning of their fatal defect, of which it was informed, and after it had misled the defendant into believing that the policies were effective.

The only question presented by the parties is whether or not the placing of said fireworks in the building insured, under the conditions above enumerated, they being "hazardous goods," is a violation of the terms of the contract of insurance and especially of "warranty B.

Accordingly, the deposit paid by Ngo Hing shall have to be refunded by Pacific Life. A business manager is not necessarily adept at fire fighting, the qualities required being different for both activities. Fieldman Insurance Co.

Inc. vs Vda de Songco Case Digest /FIELDMAN vs SONGCO/CBR FACTS: Federico Songco of Floridablanca, Pampanga, a man of scant education being only a first graderowned a private jeepney for the year Mora Electric Co.

vs. Matic Case Digest Essay AGENCY, PARTNERSHIP AND TRUSTS DIGESTS ( – Mora Electric Co. vs. Matic Case Digest. Topics: Manila, Fieldman Insurance Co. Inc. vs Vda de Songco Case Digest Essay ADDITIONAL BATCH 7 (SORRY GUYS) /FIELDMAN vs.

Insurance Cases - Download as Word Doc .doc), PDF File .pdf), Text File .txt) or read online. Fieldmen's Insurance Co., Inc. vs. Vda. De Songco, 25 SCRA 70 Facts: Page 13 of 20 InSambat, an agent of Fieldman’s Insurance, induced Songco, a man of scant education to enter into a common carrier insurance contract with Fieldman.

During the inducement, a son of Songco butted in and said that they could not accept the type of. Insurance policies are one of the major rising firms in the current society that presently obtain greater demand due to its very nature, the provision of security among those individuals who may require such assurance.

The most common insurance policies are those covering health, home and contents, and vehicular insurances. INSURANCE CASE DIGESTS.

Villacorta vs. Insurance Commission, SCRA Facts: Complainant [petitioner] was the owner of a Colt Lancer, Modelinsured with respondent company under Private Car Policy No.

MBI/PC for P35, — Own Damage; P30, — Theft; and P30, — Third Party Liability, effective May 16, to.

Fieldman insurance co inc vs vda de songco case digest essay
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