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Read: G.R. No. 130421 American Home Assurance Company

1. Mr. X submitted a life insurance application and paid the premium, but died before the policy was issued. His beneficiary would argue that a contract was perfected after 10 months of premium payments, even without the policy being issued. 2. Mr. X paid a property insurance premium by check before the check was cashed, and a loss occurred. Payment by check is not considered valid payment until the check is encashed. 3. Mr. X took a fire insurance policy payable in installments but refused to pay after the first installment. The property was destroyed by fire on the 6th month. Failure to pay premiums means the insurer is not liable to pay claims.

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84 views2 pages

Read: G.R. No. 130421 American Home Assurance Company

1. Mr. X submitted a life insurance application and paid the premium, but died before the policy was issued. His beneficiary would argue that a contract was perfected after 10 months of premium payments, even without the policy being issued. 2. Mr. X paid a property insurance premium by check before the check was cashed, and a loss occurred. Payment by check is not considered valid payment until the check is encashed. 3. Mr. X took a fire insurance policy payable in installments but refused to pay after the first installment. The property was destroyed by fire on the 6th month. Failure to pay premiums means the insurer is not liable to pay claims.

Uploaded by

Francis Louie Allera Humawid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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POLICY/PREMIUM

1. Mr. X submitted his application for life insurance to


DIMALAS Life Insurance. It is stipulated in the application
form that the contract will not be perfected until the
premium is paid and the policy is issued to the insured.
Afterwards, Mr. X paid the premium but before the policy is
issued, he died. Is there a perfected contract of insurance?
Read: G.R. No. 112329 – Virginia Perez

a. How about if after 10 months of paying the premium,


the policy has not been issued and Mr. X died. IF you
were the lawyer for the beneficiary of the life
insurance, how would you argue your case?

2. Mr. X paid premium on a property insurance and he paid in


check, before the check was encashed, the loss occurred. Is
there a valid payment of premium?

Read: G.R. No. 130421 American Home Assurance Company

3. Mr. X took fire insurance with ABC Corporation for a one year
coverage with P120,000 premium payable in 12 equal
instalments. Mr. X paid the first instalment and refused to pay
the succeeding instalments as it did not agree on the terms
stated in the policy. On the sixth month, the property covered by
the fire insurance was gutted by fire. Mr. X filed a claim with ABC
which the latter refused for failure to pay the premium. Decide.

Read: MAKATI TUSCANY CONDOMINIUM CORPORATION, G.R.


No. 95546 November 6, 1992
Read: UCPB GENERAL INSURANCE CO., INC.G.R. No. 137172
April 4, 2001

4. Mr. X took a fire insurance policy with ABC. The latter issued the
insurance policy which states that the premium has already been
paid. However, the truth of the matter was the otherwise. The
payment is on instalment basis and Mr. X has not paid a single
instalment. Decide.

5. Mr. X took a life insurance policy on his life and named his wife as
beneficiary. The life insurance policy has been issued but the
premium has not been paid yet. The due date of the premium is
30 days after the issuance of the policy and with a grace period of
another 30 days. Mr. X failed to pay the premium 30th day and he
died on the 45th day. Is the wife entitled to recover?

6. Mr. X took a fire insurance policy with ABC Insurance to insure


his house from fire with a premium of P12,000.00. ABC issued
the policy but Mr. X only paid premium partially with an amount
of P2,000.00. ABC received said payment of premium. Three days
later the house of Mr. X was destroyed by fire without paying in
full the total premium. The claim of Mr. X was denied by ABC. Mr.
X countered that the receipt of ABC of the partial payment is an
implied waiver on the part of ABC for the prepayment of the
premium. Is he correct?

READ: SPS. ANTONIO A. TIBAY, G.R. No. 119655 May 24, 1996

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