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Thursday, July 12, 2012

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Ang Giok Chip v Springfield G.R. No. L-33637 December 31, 1931
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J. Malcolm Powered by Translate

Facts:

Ang insured his warehouse for the total value of Php 60,000. One of these, amounting to 10,000, was with
Springeld Insurance Company. His warehouse burned down, then he attempted to recover 8,000 from Springeld for the

indemnity. The insurance company interposed its defense on a rider in the policy in the form of
Warranty F, xing the amount of hazardous good that can be stored in a building to be covered by the
insurance. They claimed that Ang violated the 3 percent limit by placing hazardous goods to as high as 39 percent of all the

goods stored in the building. His suit to recover was granted by the trial court. Hence, this appeal.
Issue: Whether a warranty referred to in the policy as forming part of the contract of insurance and in the form of a rider to

insurance policy, is null and void because not complying with the Philippine Insurance
the

Act.
Held: No. The warranty is valid. Petition dismissed.

Ratio:
The Insurance Act, Section 65, taken from California law, states:
"Every express warranty, made at or before the execution of a policy, must be contained in the policy itself, or in another
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instrument signed by the insured and referred to in the policy, as making a part of it."
Warranty F, indemnifying for a value of Php 20,000 and pasted on the left margin of the policy stated:

It is hereby declared and agreed that during the currency of this policy no hazardous goods be stored in the
Building to which this insurance applies or in any building communicating therewith, provided, always, however, that the
Insured be permitted to stored a small quantity of the hazardous goods specied below, but not exceeding in all 3 per cent of
the total value of the whole of the goods or merchandise contained in said warehouse, viz; . . . .
Also, the court stated a book that said, "any express warranty or condition is always a part of the policy, but, like any other
part of an express contract, may be written in the margin, or contained in proposals or documents expressly referred to in the
policy, and so made a part of it."
It is well settled that a rider attached to a policy is a part of the contract, to the same extent and with like effect as it actually

embodied therein. In the second place, it is equally well settled that an express warranty must appear upon the
 face of the policy, or be clearly incorporated therein and made a part thereof by explicit reference, or by words clearly
The Digester (www.th
evidencing such intention. 2,323 likes

The court concluded that Warranty F is contained in the policy itself, because by the contract of insurance agreed to by the
parties it was made to be a part. It wasnt aseparate instrument agreed to by the parties.

The receipt of the policy by the insured without objection binds him. It was his duty to read the policy and know Like Page

its terms. He also never chose to accept a different policy by considering the earlier one as a mistake. Hence, the rider is 2 friends like this
valid.

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