Case Digest (G.R. No. 33637)
Facts:
Ang Giok Chip, doing business under the name and style of Hua Bee Kong Si v. Springfield Fire & Marine Insurance Company, G.R. No. 33637, December 31, 1931, the Supreme Court, Malcolm, J., writing for the Court.
The plaintiff-appellee, Ang Giok Chip (trading as Hua Bee Kong Si), was owner of a warehouse at No. 643 Calle Reina Regente, Manila. The warehouse contents were insured for a total of P60,000 by three insurers; Springfield Fire & Marine Insurance Company issued one policy covering P10,000. The warehouse burned on January 11, 1928 while the Springfield policy was in force.
Plaintiff sued in the Court of First Instance of Manila to recover his proportionate loss (about P8,170.59; judgment awarded P8,188.74). The defendant insurer pleaded four special defenses, notably that the insured had violated “Warranty F” — a rider pasted to the policy limiting hazardous goods to 3% of the warehouse value. The trial judge found against the insurer on all defenses and rendered judgment for the plaintiff. The insurer appealed to the Supreme Court. The parties and amici curiae filed briefs; the principal legal question concerned the validity, under Act No. 2427 (Insurance Act), Section 65, of a rider or slip attached to a policy but not signed separately by the insured.
At trial and on appeal the insurer relied on documentary evidence (consular invoices) and the adjuster’s testimony (Herridge) to show that hazardous goods greatly exceeded 3% (the Court noted estimates as high as 39%), but the trial court had resolved factual issues for the insured. The Supreme Court reviewed the statutory text (Section 65), its California counterpart (C...(Pro-only)
Issues:
- Under Section 65 of Act No. 2427 (Insurance Act), is Warranty F — a rider pasted to and referred to in the insurance policy but not separately signed by the insured — a valid express warranty binding on the insured?
- If Warranty F is valid, did the insured violate it so as to bar rec...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)