Facts:
SIMON DE LA CRUZ, Plaintiff and Appellee, filed an action for specific performance against
THE CAPITAL INSURANCE & SURETY CO., INC., Defendant and Appellant, after the insurer denied his claim for indemnity following the death of his son,
Eduardo de la Cruz, the insured under accident policy No. ITO-BFA-170 covering the period November 13, 1956 to November 12, 1957. On January 1, 1957, in Baguio during a New Year entertainment sponsored by the Itogon-Suyoc Mines, Inc., Eduardo, a mucker employed by the mines and a non-professional boxer, participated in a boxing contest; while engaged in a bout with another non-professional of similar stature he slipped, was struck on the left part of the back of the head by his opponent, fell with his head hitting the ring rope, was taken to Baguio General Hospital unconscious, and died the following day from intracranial hemorrhage. The beneficiary claim by Simon de la Cruz was denied by the insurer on the ground that the death was not accidental because it resulted from the insured’s voluntary participation in the boxing match; the Court of First Instance of Pangasinan (Civ. Case No. U-265) ruled for the plaintiff, ordering indemnity, burial expenses, and attorney’s fees, and the insurer appealed to the Supreme Court (G.R. No. L-21574, decision promulgated June 30, 1966).
Issues:
Was the death of the insured Eduardo de la Cruz caused by an
accident or
accidental means within the meaning of the policy? Did the voluntary participation of the insured in the boxing contest bar recovery under the policy? Did the insurer’s omission of boxing from the policy’s enumerated exclusions preclude liability for death sustained in a boxing contest?
Ruling:
Ratio:
Doctrine: