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    American Home Assurance v. Tantuco Scire Licet

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    American Home Assurance v. Tantuco Scire Licet

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    American Home Assurance v. Tantuco ~ Scire Licet

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    American Home Assurance v. Tantuco Scire Licet

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    JetJuárez
    e

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    © All Rights Reserved
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    Download as pdf or txt
    of 2

    Scire Licet

    legal knowledge base

    +"#$%& American Home Assurance v. Tantuco


    ' on 2:38 PM in Case Digests, Commercial Law (2
    About

    Privacy & Terms G.R. No. 138941, 8 Oct. 2001

    Disclaimer INSURANCE LAW: Liberality is the rule of construction in insurance contracts.

    FACTS:
    Search

    Tantuco Enterprises, Inc. is a coconut oil milling and refining company. It owned two mills (the
    Popular Posts first oil mill and a new one), both located at its factory compound at Iyam, Lucena City. The two
    List of Case Digests oil mills are separately covered by fire insurance policies issued by American Home Assurance
    Co.
    Arranged in alphabetical
    order (according to last
    On Sept. 30, 1991, a fire broke out and gutted and consumed the new oil mill. American Home
    names), for your convenience.
    rejected the claim for the insurance proceeds on the ground that no policy was issued by it
    Note that Chinese names are
    covering the burned oil mill. It stated that the new oil mill was under Building No. 15 while the
    mostly written with the last
    insurance coverage extended only to the oil mill under Building No. 5.
    nam...

    ARTICLE VII: Executive


    ISSUE:
    Department
    Whether or not the new oil mill is covered by the fire insurance policy
    Sec. 1: President The
    executive power shall be
    vested in the President of the
    Philippines. Sec. 2: HELD:
    Qualifications Natural-born
    citizen... In construing the words used descriptive of a building insured, the greatest liberality is shown
    BILL OF RIGHTS: Rights of an by the courts in giving effect to the insurance. In view of the custom of insurance agents to
    Accused examine buildings before writing policies upon them, and since a mistake as to the identity and
    RIGHTS OF AN ACCUSED character of the building is extremely unlikely, the courts are inclined to consider the policy of
    Before Criminal Prosecution: insurance covers any building which the parties manifestly intended to insure, however
    (before arraignment) Right to inaccurate the description may be.
    due process ( Sec. 14(1) )
    Custodial rights ( Sec. 12 ) ... Notwithstanding, therefore, the misdescription in the policy, it is beyond dispute, to our mind,
    that what the parties manifestly intended to insure was the new oil mill.
    Pages
    If the parties really intended to protect the first oil mill, then there is no need to specify it as
    Case Digests new. Indeed, it would be absurd to assume that the respondent would protect its first oil mill
    Notes for different amounts and leave uncovered its second one.
    Law Primers Share This: # Facebook " Twitter + Google+ ) Stumble * Digg

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    Atty. Ralph A. Sarmiento


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    Tomorrow
    Investment starts 2 comments:
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    December 1, 2008 at 7:05 PM
    watch your money Sachin Malhotra said...
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    December 1, 2008 at 10:11 PM
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