Beruflich Dokumente
Kultur Dokumente
I. GENERAL CONCEPTS
CONTRACT OF INSURANCE
An agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability
arising from an unknown or contingent event. (Sec. 2, par. 2, IC)
II. CHARACTERISTICS OF AN INSURANCE CONTRACT (The Insurance Code of the Philippines Annotated, Hector de
Leon, 2002 ed.)
1. Consensual it is perfected by the meeting of the minds of the parties.
2. Voluntary the parties may incorporate such terms and conditions as they may deem convenient.
3. Aleatory it depends upon some contingent event.
4. Unilateral imposes legal duties only on the insurer who promises to indemnify in case of loss.
5. Conditional It is subject to conditions the principal one of which is the happening of the event insured against.
6. Contract of indemnity Except life and accident insurance, a contract of insurance is a contract of indemnity
whereby the insurer promises to make good only the loss of the insured.
7. Personal each party having in view the character, credit and conduct of the other.
REQUISITES OF A CONTRACT OF INSURANCE (The Insurance Code of the Philippines Annotated, Hector de Leon, 2002
ed.)
1. A subject matter which the insured has an insurable interest.
2. Event or peril insured against which may be any future contingent or unknown event, past or future and a duration
for the risk thereof.
3. A promise to pay or indemnify in a fixed or ascertainable amount.
4. A consideration known as premium.
5. Meeting of the minds of the parties.
Binding Receipt
A mere acknowledgment on behalf of the company that its branch office had received from the applicant the
insurance premium and had accepted the application subject to processing by the head office.
Riders
Printed stipulations usually attached to the policy because they constitute additional stipulations between the
parties. (Ang Giok Chip vs. Springfield, 56 Phil. 275)
In case of conflict between a rider and the printed stipulations in the policy, the rider prevails, as being a more
deliberate expression of the agreement of the contracting parties. (C. Alvendia, The Law of Insurance in the
Philippines, 1968 ed.)
Clauses
An agreement between the insurer and the insured on certain matter relating to the liability of the insurer in case of
loss. (Prof. De Leon, p.188)
Endorsements
Any provision added to the contract altering its scope or application. (Prof. De Leon, p.188)
POLICY OF INSURANCE
The written instrument in which a contract of insurance is set forth. (Sec. 49)
Persons entitled to recover on the policy (sec. 53): The insurance proceeds shall be applied exclusively to the
proper interest of the person in whose name or to whose benefit it is made, unless otherwise specified in the policy.
Kinds:
1. OPEN POLICY value of thing insured is not agreed upon, but left to be ascertained in case of loss. (Sec. 60)
The actual loss, as determined, will represent the total indemnity due the insured from the insurer except only
that the total indemnity shall not exceed the face value of the policy. (Development Insurance Corp. vs. IAC, 143
SCRA 62)
2. VALUED POLICY definite valuation of the property insured is agreed by both parties, and written on the face of
policy. (Sec. 61)
In the absence of fraud or mistake, the agreed valuation will be paid in case of total loss of the property, unless
the insurance is for a lower amount.
3. RUNNING POLICY contemplates successive insurances and which provides that the object of the policy may from
time to time be defined (Sec. 62)
C. Property
Every interest in property whether real or personal, or any relation thereto, or liability in respect thereof, of such
nature that the contemplated peril might directly damnify the insured (Sec. 13), which may consist in:
1. an existing interest;
2. any inchoate interest founded on an existing interest; or
3. an expectancy coupled with an existing interest in that out of which the expectancy arises. (Sec. 14)
When it should exist: When the insurance takes effect and when the loss occurs, but need not exist in the
meantime.
Amount: The measure of insurable interest in property is the extent to which the insured might be damnified by loss
or injury thereof. (Sec. 17)
INSURABLE INSURABLE
INTEREST IN LIFE INTEREST IN
PROPERTY
Must exist only at the Must exist at the
time the policy takes time the policy
effect and need not takes effect and
exist at the time of when the loss
loss occurs
Unlimited except in Limited to actual
life insurance value of interest in
effected by creditor property insured.
on life of debtor.
The expectation of An expectation of
benefit to be derived a benefit to be
from the continued derived from the
existence of life continued
need not have any existence of the
legal basis whatever. property insured
A reasonable must have a legal
probability is basis.
sufficient without
more.
The beneficiary need The beneficiary
not have an insurable must have
interest over the life insurable interest
of the insured if the over the thing
insured himself insured.
secured the policy.
However, if the life
insurance was
obtained by the
beneficiary, the
latter must have
insurable interest
over the life of the
insured.
SPECIAL CASES
1. In case of a carrier or depositary
A carrier or depository of any kind has an insurable interest in a thing held by him as such, to the extent of his
liability but not to exceed the value thereof (Sec. 15)
2. In case of a mortgaged property
The mortgagor and mortgagee each have an insurable interest in the property mortgaged and this interest is
separate and distinct from the other.
a. Mortgagor As owner, has an insurable interest therein to the extent of its value, even though the mortgage
debt equals such value. The reason is that the loss or destruction of the property insured will not extinguish the
mortgage debt.
b. Mortgagee His interest is only up to the extent of the debt. Such interest continues until the mortgage debt is
extinguished.
The lessor cannot be validly a beneficiary of a fire insurance policy taken by a lessee over his merchandise, and the
provision in the lease contract providing for such automatic assignment is void for being contrary to law and public
policy. (Cha vs. Court of Appeals, 227 SCRA 690)