Beruflich Dokumente
Kultur Dokumente
FACTS:
Spouses Nilo Cha and Stella Uy-Cha and CKS Development Corporation entered a 1
year lease contract with a stipulation not to insure against fire the chattels,
merchandise, textiles, goods and effects placed at any stall or store or space in the
leased premises without first obtaining the written consent and approval of the
lessor. But it insured against loss by fire their merchandise inside the leased
premises for P500,000 with the United Insurance Co., Inc. without the written
consent of CKS
On the day the lease contract was to expire, fire broke out inside the leased
premises and CKS learning that the spouses procured an insurance wrote to United
to have the proceeds be paid directly to them. But United refused so CKS filed
against Spouses Cha and United.
RTC: United to pay CKS the amount of P335,063.11 and Spouses Cha to pay
P50,000 as exemplary damages, P20,000 as attorneys fees and costs of suit
CA: deleted exemplary damages and attorneys fees
ISSUE: W/N the CKS has insurable interest because the spouses Cha violated the
stipulation