Case Digest (G.R. No. 92383)
Facts:
Sun Insurance Office, Ltd. v. The Hon. Court of Appeals and Nerissa Lim, G.R. No. 92383, July 17, 1992, First Division, Cruz, J., writing for the Court. The petitioner was the insurer (Sun Insurance Office, Ltd.); the private respondent was the beneficiary (Nerissa Lim), widow of the insured, Felix Lim, Jr.; the Court of Appeals and the Regional Trial Court of Zamboanga City also appear as respondents in their institutional capacities.The petitioner had issued Personal Accident Policy No. 05687 to Felix Lim, Jr. with a face value of P200,000.00. On October 6, 1982, at about 10:00 p.m., Lim was found dead from a gunshot wound to the head after his mother’s birthday party. The only eyewitness, Lim’s secretary Pilar Nalagon, testified at trial that Lim had removed the magazine from his handgun, assured her it was not loaded, then pointed it first at her and subsequently to his temple; a shot followed and Lim fell dead before he hit the floor (TSN, October 1, 1985).
As beneficiary, Nerissa Lim claimed under the policy but the insurer denied payment on the ground that the death was not accidental and alternatively relied on the policy exception excluding coverage for wilfully exposing oneself to needless peril. The widow sued for recovery in the Regional Trial Court of Zamboanga City; Judge Omar J. Amen ruled for the plaintiff and ordered payment of the policy face amount plus interest and various damages and fees. The Court of Appeals affirmed that judgment (opinion penned by Justice Nicolas P. Lapena, Jr., with Campos, Jr. and Cui, JJ., concurring), and denied the insurer...(Subscriber-Only)
Issues:
- Was Felix Lim, Jr.’s death an "accident" within the meaning of the policy so as to make the insurer liable for the policy benefit?
- Did the policy exclusion for "wilfully exposing himself to needless peril" bar recovery where the insured pointed a handgun to his temple?
- Were the awards of moral and exemplary damages and attorney’s fees properly...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)