Title
Alpha Insurance and Surety Co. vs. Castor
Case
G.R. No. 198174
Decision Date
Sep 2, 2013
Insurer denied claim for stolen vehicle, citing exclusion clause; Supreme Court ruled theft by driver not excluded, affirming coverage under policy.

Case Digest (G.R. No. 198174)
Expanded Legal Reasoning Model

Facts:

  • Insurance Policy and Coverage
    • On February 21, 2007, respondent Arsenia Sonia Castor entered into Motor Car Policy No. MAND/CV-00186 with petitioner Alpha Insurance and Surety Co., covering her Toyota Revo DLX DSL for the period February 26, 2007 to February 26, 2008.
    • The policy provided indemnity of up to ₱630,000.00 for “loss of or damage to” the insured vehicle.
  • Theft of the Insured Vehicle
    • On April 16, 2007, respondent instructed her driver, Jose Joel Salazar Lanuza, to take the vehicle for a tune-up; the driver never returned it.
    • Respondent reported the theft to the police, notified petitioner, and demanded payment of the full insurance proceeds (₱630,000.00).
  • Denial of Claim and Commencement of Litigation
    • By letter dated July 5, 2007, petitioner denied the claim, invoking “Exceptions to Section III” of the policy, specifically:
      • “Any malicious damage caused by the Insured, any member of his family or by a person in the Insured’s service.”
    • Respondent maintained that the exception applied only to “damage,” not to “loss,” but petitioner stood by its denial.
    • On September 10, 2007, respondent filed a Complaint for Sum of Money with Damages before the RTC of Quezon City.
  • Trial Court and Appellate Rulings
    • On December 19, 2008, the RTC rendered judgment in favor of respondent ordering petitioner to pay ₱466,000.00 plus 6% interest, attorney’s fees of ₱65,000.00, and costs.
    • Petitioner appealed to the Court of Appeals, which on May 31, 2011, affirmed the RTC decision in toto.
    • Petitioner’s motion for reconsideration was denied on August 10, 2011.
    • Petitioner then filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court.

Issues:

  • Whether theft of the insured vehicle by the insured’s driver constitutes a “loss” excluded under the policy’s exception for “malicious damage.”
  • Whether the terms “loss” and “damage” in the insurance policy are ambiguous and must be construed in favor of the insured.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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