Case Digest (G.R. No. 100970)
Case Digest (G.R. No. 100970)
Facts:
Finman General Assurance Corporation v. The Honorable Court of Appeals and Julia Surposa, G.R. No. 100970. September 02, 1992, Second Division, Nocon, J., writing for the Court.Petitioner Finman General Assurance Corporation issued Finman General Teachers Protection Plan Master Policy No. 2005 and Individual Policy No. 08924 to the insured, Carlie Surposa, on October 22, 1986, naming his parents, spouse Julia Surposa (private respondent), and siblings as beneficiaries. While the policy was in force, Carlie died on October 18, 1988 from a single stab wound inflicted by one of three unidentified assailants as he and a cousin were waiting for a ride after a festival in Bacolod City.
The beneficiaries filed a claim with petitioner, which denied coverage on the ground that murder and assault were not within the policy's scope. On February 24, 1989, private respondent filed a complaint with the Insurance Commission, which, in a decision dated March 20, 1990 (penned by Insurance Commissioner Adelita A. Vergel de Dios), ordered petitioner to pay P15,000.00 as policy proceeds with legal interest and denied a separate mortuary aid claim of P1,000.00 for lack of proof.
Petitioner appealed to the Court of Appeals, which, in a decision dated July 11, 1991 (ponente Justice Luis L. Victor, with Justices Santiago M. Kapunan and Segundino G. Chua concurring), affirmed the Insurance Commission's award. Petitioner then filed a petition for certiorari in the Supreme Court seeking annulment of the Court of Appeals' decision and praying for a restraining order and preliminary mandatory injunction, alleging grave abuse of discretion in holding that the insured’s death was accidental and thus within policy coverage.
Issues:
- Did petitioner demonstrate grave abuse of discretion by the Court of Appeals warranting relief by certiorari?
- Was the insured’s death by stabbing an "accident" within the meaning of the personal accident policy, or was it excluded as an intentional act (murder/assault) so as to relieve the insurer of liability?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)