Sie sind auf Seite 1von 1

First Integrated Bonding and Insurance Company, Inc., vs. Hon.

Harold Hernando
(G.R. No. L-51221, July 31, 1991)

Topic : Casualty Insurance; Compulsory motor vehicle liability; Third party suit against insurer

FACTS :
 Silverio Blanco was the owner of a passenger jeepney which he insured against liabilities
for death and injuries to third persons with First Integrated Bonding and Insurance
Company, Inc. for P30,000.00.
 The said jeepney driven by Blanco himself bumped a five-year old child, Deogracias
Advincula, causing the latter's death.
 The boy’s parents filed a complaint for damages against Blanco and First Insurance.
Summons were served on Silverio Blanco and First Insurance. However, only Blanco filed
an answer. Upon motion of the Advincula spouses, First Insurance was declared in default.
 Thereafter, a pre-trial conference was conducted where the Advincula spouses presented
their documentary evidence.
 On the basis of the evidence presented by the Advincula spouses, judgment was rendered
by the trial court which adjudicates a total amount of P 30,000.00 in favor of the palintiff
which must be satisfied independently by the defendant First Integrated Bonding and
Insurance Company, Inc.
 The Insurance company filed a petition for certiorari contending that the victim’s parents
have no cause of action against it because they are not parties to the insurance contract and
that they may only proceed against the driver based on the provisions of the New Civil
Code.

ISSUE : Whether or not an injured party for whom the contract of insurance is intended can sue
directly the insurer.

HELD : YES. The injured for whom the contract of insurance is intended can sue directly the
insurer. The general purpose of statutes enabling an injured person to proceed directly against the
insurer is to protect injured persons against the insolvency of the insured who causes such injury,
and to give such injured person a certain beneficial interest in the proceeds of the policy, and
statutes are to be liberally construed so that their intended purpose may be accomplished. It has
even been held that such a provision creates a contractual relation which inures to the benefit of
any and every person who may be negligently injured by the named insured as if such injured
person were specifically named in the policy.