Title
Acriche vs. Law Union and Rock Insurance Co., Ltd.
Case
G.R. No. 24454-24456
Decision Date
Jan 12, 1926
Plaintiffs sued insurers for fire damage claims; court denied recovery due to fraudulent proofs of loss and incendiary fire involvement, awarding only salvaged proceeds.

Case Summary (G.R. No. 24454-24456)

Nature of the Dispute

The plaintiffs sought recovery on the basis of their insurance policies concerning damage due to a fire at their business premises, asserting claims not only for damages but also for proceeds from salvaged goods sold by the defendant companies after the incident. The insurance companies denied liability, claiming fraudulent activities by the plaintiffs and asserting that the fire was set by the plaintiffs to defraud the insurers.

Trial Court Findings

The trial court did not conclusively determine whether the plaintiffs set the fire but ruled in favor of the defendants based on the submission of fraudulent proofs of loss. However, it acknowledged the plaintiffs' right to recover a sum held by the insurance companies from salvaged stock. The plaintiffs appealed this decision.

Background of the Business

Acriche & Co. was a mercantile business run by Moises and his brother David Acriche, located at 132-134 Escolta, Manila. Following several ownership changes, by June 1, 1922, the business was co-owned by Moises Acriche and Leon Acriche. The insurance policies in question were issued in the names of Moises Acriche, covering merchandise, including goods held in a trust or joint account.

Issues of Insurable Interest

A defense raised by the defendants was the lack of insurable interest held by Moises Acriche at the time of the fire, suggesting that the stock instead belonged to Acriche & Co. The trial court accepted this argument, positing that the plaintiffs failed to demonstrate ownership consistent with the insurance policy's terms. Nevertheless, the court ultimately ruled on the basis of fraud.

Circumstances of the Fire

The fire erupted in the premises above the store where Moises Acriche's goods were stored. Witnesses reported hearing an explosion before seeing smoke, linking the fire's origin to a room occupied by Sam Weingarten. Evidence showed that Weingarten had brought gasoline into his room, which led to the explosion that caused significant damage to the store below.

Evidence of Fraud

The circumstantial evidence suggested that the fire was of incendiary origin. Moises Acriche had been seen conferring secretly with Weingarten prior to the fire, and the alterations in inventory and documentation submitted as proofs of loss were found to be suspicious. The alleged inventory submitted showed inconsistencies, including missing goods and inaccurately inflated valuations.

Legal Implications of Fraud

The insurance policies contained specific provisions that declared forfeiture of benefits if the loss was caused by the willful act or connivance of the ins

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