Philippine

Health Care Providers Inc. v. Commissioner of One Liner: The right of a person to sue by virtue of a
Internal Revenue contract of insurance rests on the fact on whether or not
such contract was executed for the benefit of third
One Liner: Assumption of risk and indemnification in case persons or only of the insured. As such, the insurance
of loss are the principal object and purpose of an contract must be so alleged in the complaint. Notice of
insurance business. If such is merely incidental, such is claim and a denial thereof are also a conditions sine qua
not engaged in an insurance business. A healthcare non before one can file a suit as the prescriptive period to
agreement is not an insurance contract under the tax file an action starts to run after denial of claim. Failure to
code file a written notice of claim within 6 months from the date
PHILAMCARE HEALTH SYSTEMS INC. vs CA and JULITA of accident is deemed as a waiver.
TRINOS RCBC v CA
One Liner: Matters of Opinion made in good faith and One Liner: Beneficiary could be established by virtue of
without intention to defraud the insured will not avoid the equitable estoppel even if payee is the policy owner
insurance policy as such is not tantamount to material
concealment. GAISANO VS. INSURANCE COMPANY OF NA
Fortune Insurance vs. CA and Producers Bank
One liner: Any person can have insurable interest over a
One Liner: Casualty insurance insures loss or liability property as long as he can establish that he gains benefit
arising from accident or mishaps. There is a great moral in its existence or he will suffer loss in case of its
hazard in such and because of that, insurer usually destruction against the peril for which it was insured
imposes greater restriction and does not insure all losses regardless of whether or not he has title to it (E.g. Vendor’s
due to the hazard insured against. lien)

GULF RESORTS VS. PHILIPPINE CHARTER INSURANCE CORP HEIRS OF LORETO C. MARAMAG v EVA VERNA DE GUZMAN
One Liner: A rider should be read in consonance with the MARAMAG
provisions of the insurance contract to which it was
attached. One Liner: If one of the named beneficiary is disqualified
to receive the profits under the insurance policy, the
FEDERAL EXPRESS CORPORATION, petitioner, vs. proceeds shall be given to the other qualified
AMERICAN HOME ASSURANCE COMPANY and PHILAM beneficiaries, if there is none left, then it is only then that
INSURANCE COMPANY, INC., respondents such proceeds shall be transferred to the estate of the
policy owner.
One Liner: The insurer may exercise subrogatory rights VIOLETA VS INSULAR LIFE
after payment of insurance to the insured as against the
erring carrier. However, the insurer is bound by the One Liner: The right to have the policy be reinstated is not
contract entered into by the insured and the carrier. absolute as such is subject to the provisions of the
agreement between the parties
Gaisano V. Development Insurance
ONG LIM SING, JR. v FEB LEASING AND FINANCE
One Liner: The payment of premiums is a condition sine CORPORATION
qua non for an insurance to take effect and for the
insurer to become liable thereto. As a General Rule, non- One Liner: In property insurance against loss or other
payment will lapse the insurance and insurer cannot be accidental causes, the assured must have an insurable
interest. It has also been held that the test of insurable
made liable thereto.
interest in property is whether the assured has a right, title
New World International vs NYK, G.R. No. 171468 or interest therein that he will be benefited by its
preservation and continued existence or suffer a direct
One Liner: The insurer has a maximum of 60 days after pecuniary loss from its destruction or injury by the peril
receiving evidence of loss within which to ascertain the insured against.
loss or damage, if the insurer failed to act within the
same period, the insurer has 90 days to settle the claim. AFP GENERAL INSURANCE CORPORATION vs MOLINA
Failure to comply such would make the insurer in delay
One Liner: Surety bond is covered by the provisions of
thereby liable for interest as well.
suretyship and under such, a surety bond once accepted
Travellers Insurance VS CA remains valid and enforceable regardless of payment of
premiums. The surety and the principal are solidarily liable
and as such, the claim may be made against any of them Great Pacific Insurance vs. CA
without prejudice with the right of the surety from seeking
reimbursement from the principal. One Liner: Concealment is neglect of a party to
communicate what he knows and ought to communicate.
Makati Tuscany Condominium Corp. vs. CA There is concealment whether or not such was made
intentionally and such gives a right to the insured to
One Liner: The parties are prohibited from stipulating, rescind the insurance contract
under the law, that the insurance policy will be effective
PHILIPPINE AMERICAN LIFE AND GENERAL INSURANCE
notwithstanding non-payment of premiums but it does
COMPANY, petitioner, vs. JUDGE LORE R. VALENCIA-
not preclude the insurance policy from taking effect if
BAGALACSA, Regional Trial Court of Libmanan, Camarines
there was a credit extension or that it was agreed upon
Sur, Branch 56, and EDUARDO Z. LUMANIOG, CELSO Z.
that payment of premiums shall be in installments and
LUMANIOG and RUBEN Z. LUMANIOG, respondents.
there was partial payment. As such, insurer can sue the

insured for non-payment as there was already a perfected
One Liner: Prescriptive period for claiming by virtue of an
contract of insurance
insurance contract is 10 years; starts from the date of

denial of claim
UCPB GENERAL INSURANCE CO.,

INC. vs. MASAGANA TELAMART, INC.
CIR V. Lincoln
One Liner: Exception to the General Rule that payment of
premium is necessary for the policy or insurance contract One Liner: Clauses necessary to complete the insurance
to take effect is extension of credit. Such that if the loss policy although in the nature of a suspensive obligation
occurred even after the due date of premium and payment are considered to be part of the insurance policy from its
was made after, the insured would still be allowed to inception as such is determinable at the time of execution
recover if the loss was incurred before the expiration of of the contract.
the term. Granting of credit term also causes the insurer
to be estopped from denying the validity of the insurance Rizal Surety and Insurance Co. vs. CA and Transworld
contract by reason of non-payment of premiums during Knitting Mills, Inc. G.R. No. 112360
the due date of such.
One Liner: Ambiguities in the insurance policy should be
AMERICAN HOME ASSURANCE COMPANY vs. ANTONIO construed against the party who has caused the
CHUA ambiguity.

One Liner: An acknowledgment in a policy or contract of Great Pacific Life Assurance Corp VS CA (316 SCRA 678)
insurance of the receipt of premium is conclusive evidence
of its payment One Liner: Mortgage insurance benefits both mortgagor
and mortgagee. Amount receivable by the mortgagee
Sps. Tibay vs CA and Fortune Life and General Insurance under such is only limited as to the extent of the amount
of mortgage debt. As such, the remaining shall go to the
One Liner: As a General Rule, Non-payment of premium beneficiary of such insurance policy.
will lapse the insurance unless the exceptions are present.
When there is no payment of full premiums yet, the
amounts received by the insured are considered as
deposits.

PHIL. PHOENIX SURETY & INS., CO. VS WOODWORKS

One-liner: The premium must be paid at the time and in
the way and manner specified in the policy and, if not so
paid, the policy will lapse and be forfeited by its own terms

PACIFIC TIMBER VS. CA

One Liner: Cover notes are issued as interim or

preparatory for contracts of insurance. No separate
considerations are needed for such. Upon issuance of
such, the policy is deemed in effect provided that there is
payment of premiums.