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    1.) Aboitiz Shipping Corporation v. Insurance Company of North America

    Uploaded by

    Jarvin David Resus
    The document discusses a case involving a marine insurance policy and damage to insured cargo. The insurance company paid a claim to the consignee for water damage to the cargo. The insurance company argued it was subrogated to the rights of the consignee upon payment of the claim. The court ruled that upon payment of the claim, the insurance company's right of subrogation allowed it to bring a cause of action against the carrier for contractual breach or negligence related to the damage.

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    1.) Aboitiz Shipping Corporation v. Insurance Company of North America

    Uploaded by

    Jarvin David Resus
    10 views1 page
    The document discusses a case involving a marine insurance policy and damage to insured cargo. The insurance company paid a claim to the consignee for water damage to the cargo. The insurance company argued it was subrogated to the rights of the consignee upon payment of the claim. The court ruled that upon payment of the claim, the insurance company's right of subrogation allowed it to bring a cause of action against the carrier for contractual breach or negligence related to the damage.

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    The document discusses a case involving a marine insurance policy and damage to insured cargo. The insurance company paid a claim to the consignee for water damage to the cargo. The insurance company argued it was subrogated to the rights of the consignee upon payment of the claim. The court ruled that upon payment of the claim, the insurance company's right of subrogation allowed it to bring a cause of action against the carrier for contractual breach or negligence related to the damage.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10 views1 page

    1.) Aboitiz Shipping Corporation v. Insurance Company of North America

    Uploaded by

    Jarvin David Resus
    The document discusses a case involving a marine insurance policy and damage to insured cargo. The insurance company paid a claim to the consignee for water damage to the cargo. The insurance company argued it was subrogated to the rights of the consignee upon payment of the claim. The court ruled that upon payment of the claim, the insurance company's right of subrogation allowed it to bring a cause of action against the carrier for contractual breach or negligence related to the damage.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Aboitiz Shipping Corporation v.

    Insurance Company of North


    America,
    G.R. No. 168402, 06 August 2008
    FACTS: MSAS Cargo International Limited and/or Associated and/or Subsidiary
    Companies (MSAS) procured a marine insurance policy from respondent ICNA UK
    Limited of London. The insurance was for a transshipment of certain wooden work
    tools and workbenches purchased for the consignee Science Teaching
    Improvement Project (STIP). ICNA issued an "all-risk" open marine policy.
    The cargo was shipped by various carriers without any issue until said cargo was
    received by Aboitiz Shipping Corporation (Aboitiz). The cargo was withdrawn by
    STIP and delivered to Don Bosco Technical High School where it was found that
    the cargo sustained water damage. It was received by Mr. Bernhard Willig and filed
    a formal claim with Aboitiz.
    Aboitiz refused to settle the claim. ICNA paid the consignee and a subrogation
    receipt was duly signed by Willig. ICNA formally advised Aboitiz of the claim and
    subrogation receipt executed in its favor.
    ISSUE: Whether ICNA is subrogated to the rights of the consignee upon payment
    of the claim the former to the latter.
    RULING: Yes. Upon payment to the consignee of indemnity for damage to the
    insured goods, ICNA's entitlement to subrogation equipped it with a cause of
    action against petitioner in case of a contractual breach or negligence. This right of
    subrogation, however, has its limitations. First, both the insurer and the consignee
    are bound by the contractual stipulations under the bill of lading. Second, the
    insurer can be subrogated only to the rights as the insured may have against the
    wrongdoer. If by its own acts after receiving payment from the insurer, the insured
    releases the wrongdoer who caused the loss from liability, the insurer loses its
    claim against the latter.
    KEY CONCEPTS:
    The right of subrogation attaches upon payment by the insurer of the insurance
    claims of the assured. As subrogee, the insurer steps into the shoes of the assured
    and may exercise only those rights that the assured may have against the
    wrongdoer who cause the damage.

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