BPI Laingo
BPI Laingo
BPI Laingo
vs.
Rheozel Laingo, son of respondent, opened a savings and insurance account with BPI, where depositors
areautomatically covered by an insurance policy against disability or death issued by petitioner FGU
InsuranceCorporation. Laingo was named as beneficiary in the insurance.
o instructed the family’s personal secretary togo to BPI and inquire about the savings account of
Rheozel. Laingo wanted to use the money in Rheozel’saccount for his burial and funeral expenses. BPI
accommodated Laingo’s request and allowed her to withdr
More than two years later, Rheozel’s sister found the Personal Accident Insurance Coverage Certificate
issued
by FGU Insurance. Laingo then sent letters to BPI and FGU Insurance requesting them to process her
claimas benefic
FGU Insurance denied her claim, stating that Laingo should have filed the claim within three calendar
monthsfrom the death of Rheozel as required under a provision in the insurance.
Laingo filed a Complaint for Specific Performance with the RTC against BPI and FGU Insurance.
The trial court ruled in favor of respondents, holding that the prescriptive period of 90 days shall
commencefrom the time of death of the insured and not from the knowledge of the beneficiary. Since
the insurance claimwas filed more than 90 days from the death of the insured, the case must be
dismissed.
COURT OF APPEALS
The Court of Appeals reversed the ruling of the trial court, holding that Laingo could not be expected to
do anobligation which she did not know existed, and that she was not a party to the insurance contract
entered intobetween Rheozel and petitioners. Thus, she could not be bound by the 90-day stipulation.
MR denied.
ISSUE
Whether or not Laingo, as named beneficiary who had no knowledge of the existence of the
insurancecontract, is bound by the three-calendar-month deadline for filing a written notice of claim
upon the death ofthe insured. (WON Laingo, who had no knowledge of the insurance coverage, is bound
by the three-monthdeadline for filing of claim)
SUPREME COURT
NO. Since petitioners did not notify her of the insurance coverage, her lack of knowledge made it
impossiblefor her to fulfill the condition set forth in the insurance contract.
BPI offered a deposit savings account with life and disability insurance coverage to its customers. BPI
acted asagent of FGU Insurance with respect to the insurance feature of its own marketed product.
Under the law, anagent is one who binds himself to render some service or to do something in
representation of another.
In
Doles v. Angeles,
we held that the basis of an agency is representation. The question of whether an agencyhas been
created is ordinarily a question which may be established in the same way as any other fact, eitherby
direct or circumstantial evidence. The question is ultimately one of intention. Agency may even be
impliedfrom the words and conduct of the parties and the circumstances of the particular case. For an
agency toarise, it is not necessary that the principal personally encounter the third person with whom
the agent interacts.The law in fact contemplates impersonal dealings where the principal need not
personally know or meet thethird person with whom the agent transacts: precisely, the purpose of
agency is to extend the personality of theprincipal through the facility of