Title
Finman General Assurance Corp. vs. Court of Appeals
Case
G.R. No. 100970
Decision Date
Sep 2, 1992
Carlie Surposa’s accidental death by stabbing was deemed covered under his insurance policy, as murder and assault were not expressly excluded.

Case Summary (G.R. No. 100970)

Procedural History

The Insurance Commission found for the complainant and ordered the insurer to pay P15,000 as policy proceeds with legal interest (denying mortuary aid for lack of proof). The Court of Appeals affirmed the Insurance Commission’s decision. The insurer then petitioned the Supreme Court by certiorari, claiming that the appellate court committed grave abuse of discretion in recognizing coverage for death by deliberate assault.

Issue Presented

Whether the insured’s death by stabbing amounted to an “accident” within the meaning of the personal accident policy, and whether the insurer could be discharged from liability by implication because murder or assault were not expressly listed as covered or excluded risks.

Legal Standard on “Accident” and Relevant Precedent

The Court restated the established, ordinary meaning of “accident” and “accidental” in insurance contracts: events happening by chance or fortuitously, without intention or design, unexpected and unforeseen. Quoting De la Cruz, the Court reiterated the rule that a death or injury is not accidental if it is the natural result of the insured’s voluntary act, unless some additional, unexpected, independent, and unforeseen occurrence produces the harm. Conversely, if death results from an unexpected event that the insured did not foresee, it is within the protection of accident policies.

Application of the Accident Doctrine to the Facts

Applying the foregoing rule, the Court accepted the appellate court’s conclusion that the insured did not die as the natural result of any voluntary act by him exposing himself to danger. The record did not establish that the insured provoked or intended the encounter, nor did it show any circumstance indicating that the insured voluntarily assumed the risk. The stabbing occurred while the insured was merely returning home after a public celebration; the incident was an unexpected, unforeseeable attack from the insured’s perspective. Consequently, the death was properly characterized as accidental for purposes of the personal accident policy.

Contract Interpretation and the Principle of Expressio Unius Exclusio Alterius

The personal accident policy expressly enumerated ten specific circumstances that negate insurer liability, but did not list murder or assault among them. The Court applied the principle expressio unius exclusio alterius—the express mention of certain things implies the exclusion of others—to infer that the insurer did not intend to exclude deaths resulting from murder or assault by implication. This inference was reinfor

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