Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 82 views

    Great Pacific V CA

    Uploaded by

    Kristina Karen
    This case involves an application for a life insurance policy submitted by Ngo Hing to Great Pacific for his one-year old daughter. Great Pacific denied the application because the daughter was too young but its branch manager allegedly did not inform Ngo Hing of the denial. When the daughter passed away two months later, Ngo Hing tried to claim the policy amount. The Supreme Court ruled in favor of Great Pacific, finding that there was no valid insurance contract since Great Pacific had denied the application and this was not communicated to Ngo Hing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    Great Pacific V CA

    Uploaded by

    Kristina Karen
    82 views1 page
    This case involves an application for a life insurance policy submitted by Ngo Hing to Great Pacific for his one-year old daughter. Great Pacific denied the application because the daughter was too young but its branch manager allegedly did not inform Ngo Hing of the denial. When the daughter passed away two months later, Ngo Hing tried to claim the policy amount. The Supreme Court ruled in favor of Great Pacific, finding that there was no valid insurance contract since Great Pacific had denied the application and this was not communicated to Ngo Hing.

    Original Description:

    Insurance Digest

    Original Title

    Great Pacific v CA

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves an application for a life insurance policy submitted by Ngo Hing to Great Pacific for his one-year old daughter. Great Pacific denied the application because the daughter was too young but its branch manager allegedly did not inform Ngo Hing of the denial. When the daughter passed away two months later, Ngo Hing tried to claim the policy amount. The Supreme Court ruled in favor of Great Pacific, finding that there was no valid insurance contract since Great Pacific had denied the application and this was not communicated to Ngo Hing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    82 views1 page

    Great Pacific V CA

    Uploaded by

    Kristina Karen
    This case involves an application for a life insurance policy submitted by Ngo Hing to Great Pacific for his one-year old daughter. Great Pacific denied the application because the daughter was too young but its branch manager allegedly did not inform Ngo Hing of the denial. When the daughter passed away two months later, Ngo Hing tried to claim the policy amount. The Supreme Court ruled in favor of Great Pacific, finding that there was no valid insurance contract since Great Pacific had denied the application and this was not communicated to Ngo Hing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Great Pacific v CA (L-31845, April 30, 1979) Petitioner: Great Pacific Life Assurance Co.

    Respondent: CA Ponente: De Castro, J. Facts

    This case was decided in conjunction with the case of Mondragon v CA and Ngo Hing, both involving the twenty-year endowment policy applied by Ngo Hing on the life of his one-year old daughter Helen Go to Great Pacific through its branch manager Mondragon. Upon application, Ngo Hing paid the annual premium, and the binding deposit receipt was issued to him. Mondragon strongly recommended to Great Pacific the approval of the application, but the same was turned down by the company because Ngo Hings daughter was not within the age limit (minors above seven years old) and in turn suggested another policy. However, the non-acceptance by Great Pacific was allegedly not communicated by Mondragon to Ngo Hing. More than two months later, Helen Go died due to influenza, thus spurring Ngo Hing to recover from Great Pacific the amount of the policy, claiming effectivity of the policy as evidenced by the receipt issued to him. But such was countered by Great Pacific, claiming that it had denied the application of Ngo Hing, thus not entitling him to recovery of any value. The trial court and the CA both decided in favor of Ngo Hing, hence this petition. Issue

    Whether or not the insurance policy in the case at bar was perfected Held

    NO. In this case, there had been no meeting of the minds between Great Pacific and Ngo Hing regarding the insurance contract. The binding deposit receipt claimed by Ngo Hing was manifestly, merely conditional and does not insure outright, pending approval of the application. In this case, as the application was denied by Great Pacific, the insurance contract was not binding between it and Ngo Hing, not vesting to the latter any right that may arise from such, notwithstanding the alleged failure of Mondragon to inform Ngo Hing of the decision of the company.

    You might also like