Insurance Code Discussion Final

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    INSURANCE CODE(P.D. No. 1460)

    I. GENERAL CONCEPTS

    CONTRACT OF INSURANCEAn agreement whereby one undertakes for a consideration to indemnify

    another against loss, damage or liability arising from an unknown orcontingent event. (Sec. 2, par. 2, IC

    DOING AN INSURANCE BUSINESS OR TRANSACTING ANINSURANCE BUSINESS (Sec. 2, !". 4)

    !. "aking or proposing to make, as insurer, any insurance contract#2. "aking or proposing to make, as surety, any contract of suretyship as

    a vocation, not as a mere incident to any other legitimate business ofa surety#

    $. %oing any insurance business, including a reinsurance business#&. %oing or proposing to do any business in substance e'uivalent to any

    of the foregoing

    II. C#ARACTERISTICS OF AN INSURANCE CONTRACT (The InsuranceCode of the Philippines Annotated, Hector de Leon, 2002 ed.)!. Consensual it is perfected by the meeting of the minds of the parties.2. Voluntary the parties may incorporate such terms and conditions as

    they may deem convenient.$.Aleatory it depends upon some contingent event.&. nilateral imposes legal duties only on the insurer who promises to

    indemnify in case of loss.

    ). Conditional It is sub*ect to conditions the principal one of which is thehappening of the event insured against.

    +. Contract of inde!nity -cept life and accident insurance, a contractof insurance is a contract of indemnity whereby the insurer promisesto make good only the loss of the insured.

    ". Personal each party having in view the character, credit and conductof the other.

    RE$UISITES OF A CONTRACT OF INSURANCE (The Insurance Code ofthe Philippines Annotated, Hector de Leon, 2002 ed.)!. A sub*ect matter which the insured has an insurable interest.2. vent or peril insured against which may be any future contingent orunknown event, past or future and a duration for the risk thereof.$. A promise to pay or indemnify in a -ed or ascertainable amount.&. A consideration known as /premium0.). "eeting of the minds of the parties.

    % CARDINAL PRINCIPLES IN INSURANCE

    !. Insurable Interest

    2. 1rinciple of tmost 3ood 4aith An insurance contract re'uires utmost good faith (u#erri!ae $dei

    between the parties. 5he applicant is en*oined to disclose any materialfact, which he knows or ought to know.%eason& An insurance contract is an aleatory contract. 5he insurer relies

    on the representation of the applicant, who is in the best position to knowthe state of his health.$. Contract of Indemnity It is the basis of all property insurance. 5he insured who has insurable

    interest over a property is only entitled to recover the amount of actualloss sustained and the burden is upon him to establish the amount of suchloss (%e'ieer on Co!!ercial La, Professors undian* and A+uino)%ules&

    a. Applies only to property insurance e-cept when the creditor insuresthe life of his debtor.

    b. 6ife insurance is not a contract of indemnity.c. Insurance contracts are not wagering contracts. (Sec. &

    &. Contract of Adhesion (4ine 1rint 7ule"ost of the terms of the contract do not result from mutual negotiations

    between the parties as they are prescribed by the insurer in nal printedform to which the insured may /adhere0 if he chooses but which he cannotchange. (7i8al Surety and Insurance Co., vs. CA, $$+ SC7A !2

    ). 1rinciple of SubrogationIt is a process of legal substitution where the insurer steps into the shoes

    of the insured and he avails of the latter9s rights against the wrongdoer atthe time of loss.5he principle of subrogation is a normal incident of indemnity insurance

    as a legal e:ect of payment# it inures to the insurer without any formalassignment or any e-press stipulation to that e:ect in the policy. Said rightis not dependent upon nor does it grow out of any private contract.1ayment to the insured makes the insurer a subrogee in e'uity. ("alayanInsurance Co., Inc. v. CA, !+) SC7A )$+# see also Art. 22;

    a. ?here the insured by his own act releases the wrongdoer or third partyliable for the loss or damage#

    b. ?here the insurer pays the insured the value of the loss without notifyingthe carrier who has in good faith settled the insured9s claim for loss#

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    c. ?here the insurer pays the insured for a loss or risk not covered by thepolicy. (1an "alayan Insurance Company v. CA, !@& SC7A )&

    d. In life insurancee. 4or recovery of loss in e-cess of insurance coverage

    CONSTRUCTION OF INSURANCE CONTRACT5he ambiguous terms are to be construed strictly against the insurer, and

    liberally in favor of the insured. owever, if the terms are clear, there is no

    room for interpretation. (Calanoc vs. Court of Appeals, B@ 1hil.

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    $. 7==I=3 1E6ICF contemplates successive insurances and whichprovides that the ob*ect of the policy may from time to time be dened(Sec. +2

    '. TPES OF INSURANCE CONTRACTS!. Life insurance

    a. Individual life (Secs. !

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    89C8PTI:5& In a creditorHdebtor relationship where the creditor insures

    the life of his debtor, the limit of insurable interest is e'ual to the amountof the debt.Noe3If at the time of the death of the debtor the whole debt has alreadybeen paid, the creditor can no longer recover on the policy because theprinciple of indemnity applies.

    C. Property very interest in property whether real or personal, or any relation

    thereto, or liability in respect thereof, of such nature that the contemplatedperil might directly damnify the insured (Sec. !$, which may consist in>

    !. an e-isting interest#2. any inchoate interest founded on an e-isting interest# or$. an e-pectancy coupled with an e-isting interest in that out of

    which the e-pectancy arises. (Sec. !&=e /o* e>/3?hen the insurance takes e:ect and when the

    loss occurs, but need not e-ist in the meantime.Ao35he measure of insurable interest in property is the e-tent to

    which the insured might be damnied by loss or in*ury thereof. (Sec. !

    !. 4uture contingent event resulting in loss or damage -. 1ossiblefuture re

    2. 1ast unknown event resulting in loss or damage -. 4act of pastsinking of a vessel unknown to the parties

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    %eason> Insurance contract is personal.

    7858%AL %L8& A change of interest in any part of a thing insured

    unaccompanied by a corresponding change of interest in the insurancesuspends the insurance to an e'uivalent e-tent, until the interests in thething and the interest in the insurance are vested in the same person.(Sec. 2;

    89C8PTI:5&

    !. In life, health and accident insurance.(Sec. 2;#

    2. Change in interest in the thing insured after occurrence of an in*urywhich results in a loss. (Sec. 2!#

    $. Change in interest in one or more of several distinct thingsseparately insured by one policy. (Sec. 22#

    &. Change of interest, by will or succession, on the death of theinsured. (Sec. 2$#

    ). 5ransfer of interest by one of several partners, *oint owners, orowners in common, who are *ointly insured, to others. (Sec. 2

    +. ?hen a policy is so framed that it will inure to the benet ofwhomsoever, during the continuance of the risk, may become theowner of the interest insured. (Sec. )ntitles insurer to rescind, even if the death or loss is due to a

    cause not related to the concealed matter (Sec. 2

    a. 5he insured stated a fact which is untrue.b. Such fact was stated with knowledge that it is untrue and with

    intent to deceive or which he states positively as true withoutknowing it to be true and which has a tendency to mislead.

    c. Such fact in either case is material to the risk.

    Characteristics>a. It is not a part of the contract but merely a collateral inducement to it.b. It may be oral or written.c. It is made at the same time of issuing the policy or before but not after.d. It may be altered or withdrawn before the insurance is e:ected but notafterwards.e. It always refers to the date the contract goes into e:ect.Jinds>

    a. A44I7"A5IG armation of a fact when the contract begins# andb. 17E"ISSE7F promise to be performed after policy was issued.:ect of "isrepresentation> the in*ured party is entitled to rescind from

    the time when the representation becomes false.

    Te/ o: &!e"!53 Same as that in concealment.6 | P a g e

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    ?here the insured merely signed the application form and made the

    agent of the insurer ll the same for him, it was held that by doing so, theinsured made the agent of the insurer his own agent and he wasresponsible for his acts for that purpose. (Insular 6ife Assur. Co. vs.4eliciano, 5o eliminate potentially increasing ha8ards which may either be

    due to the acts of the insured or to the change to the condition of theproperty.Jinds>

    a. K17SS an agreement e-pressed in a policy whereby the insuredstipulates that certain facts relating to the risk are or shall be true, orcertain acts relating to the same sub*ect have been or shall be done.b. I"16I% 8 it is deemed included in the contract although not e-presslymentioned. -ample> In marine insurance, seaworthiness of the vessel.:ects of breach of warranty>

    a. "aterial7858%AL %L8&Giolation of material warranty or of a material provision

    of a policy will entitle the other party to rescind the contract. (Sec.

    a. Condition precedent prevents the accrual of cause of action

    b. Condition subse'uent avoids the policy or entitles the insurer torescind

    5he insurer may also protect himself against fraudulent claims of loss

    and this he attempts to do by inserting in the policy various conditionswhich take the form of conditions precedent. 4or instance, there areconditions re'uiring immediate notice of loss or in*ury and detailed proofsof loss within a limited period.

    %. E>ceo/ 1rovisions that may specify e-cepted perils. It makes

    more denite the coverage indicated by the general description of the riskby e-cluding certain specied risk that otherwise would be included underthe general language describing the risks assumed.:ect> 6imit the coverage of the contract.

    RESCISSIONG"o*/3

    A. Concealment. "isrepresentationC. reach of material warranty%. reach of a condition subse'uent

    =!-e" o: e "+ o "e/c*3 Acceptance of premium payments

    despite the knowledge of the ground for rescission. (Sec. &)

    L!o/ o e "+ o: e /"e" o "e/c*3!. 5on-life such right must be e-ercised prior to the commencement ofan action on the contract#2. Life such right must be availed of during the rst two years from thedate of issue of policy or its last reinstatement# prior to /incontestability.0(Sec. &@

    CANCELLATION OF NON8LIFE INSURANCE POLIC7ight of the insurer to abandon the contract on the occurrence of certain

    grounds after the e:ectivity date of a nonHlife policy.G"o*/3

    !. NonHpayment of premium#2. Conviction of a crime out of acts increasing the ha8ard insured against#

    $. Discovery of fraud or material misrepresentation#&. Discovery of willful or reckless acts of omissions increasing the ha8ard

    insured against#). Physical changes in property making the property uninsurable# and+. Determination by the Insurance Commissioner that the continuation of

    the policy would violate the Insurance Code. (Sec. +&Re"ee/3

    1. 1rior notice of cancellation to the insured#

    2. =otice must be in writing, mailed or delivered to the namedinsured at the address shown in the policy#

    3. =otice must state which of the grounds set forth in Sec. +& is reliedupon and upon re'uest of the insured, the insurer must furnishfacts on which the cancellation is based#

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    4. 3rounds should have e-isted after the e:ectivity date of the policy.

    ?II. INCONTESTABILIT CLAUSE Clause in life insurance policy that stipulates that the policy shall be

    incontestable after a stated period.Re/e/3

    !. 6ife insurance policy2. 1ayable on the death of the insured$. It has been in force during the lifetime of the insured for a period of at

    least two years from the date of its issue or of its last reinstatementNoe> 5he period of 2 years may be shortened but it cannot be e-tendedby stipulation.

    Incontestability only deprives the insurer of those defenses which arise

    in connection with the formation and operation of the policy prior to loss.(Prof. e Leon, p. 1"< citin* ;yatt and ;yatt, p. 4"4)

    BARRED DEFENSESOF T#E INSURER

    DEFENSES NOT BARRED

    !. 1olicy is void ab initio2. 1olicy is rescindable by

    reason of the fraudulentconcealment ormisrepresentation of theinsured or his agent

    !. 5hat the person taking the insurancelacked insurable interest as re'uired by law#

    2. 5hat the cause of the death of theinsured is an e-cepted risk#$. 5hat the premiums have not been paid(Secs.

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    DOUBLE INSURANCE REINSURANCE

    Involves the same interest Involves di:erent interest

    Insurer remains in such capacity Insurer becomes the insured inrelation to reinsurer

    Insured is the party in interest inthe 2 contracts

    Eriginal insured has no interest in thereinsurance contract.

    Sub*ect of insurance is property Sub*ect of insurance is the originalinsurer9s risk

    Insured has to give his consent Insured9s consent not necessary

    TER&S31. Re/"!ce "e!5 "erely an agreement between two insurancecompanies whereby one agrees to cede and the other to acceptreinsurance business pursuant to provisions specied in the treaty. (Prof.e Leon, p.

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    LIFE POLICIESNON8LIFE POLICIES

    a. =aturin* upon the e>pirationof the ter! 5he proceeds areimmediately payable to the insured,unless they are made payable ininstallments or as annuity, in whichcase, the installments or annuities

    shall be paid as they become due.b. =aturin* at the death of the

    insured, occurrin* prior to thee>piration of the ter! stipulated 5he proceeds are payable to thebeneciaries within +; days afterpresentation and ling of proof ofdeath.

    5he proceeds shall be paid within $;days after the receipt by the insurer ofproof of loss, and ascertainment of theloss or damage by agreement of theparties or by arbitration but not laterthan B; days from such receipt of

    proof of loss whether or notascertainment is had or made.

    In case of an unreasonable delay in the payment of the insured9s claim

    by the insurer, the insured can recover> ! attorney9s fees# 2 e-pensesincurred by reason of the unreasonable withholding# $ interest at double

    the legal interest rate -ed by the "onetary oard# and & the amount ofthe claim. (Oenith Insurance Corp. vs. CA, !@) SC7A $B@

    ?'. PRESCRIPTI'E PERIOD (Sec/. 6 4)%ules&

    !. In the absence of an e-press stipulation in the policy, it being based ona written contract, the action prescribes in !; years.2. owever the parties may validly agree on a shorter period provided it isnot less than one year from the time the cause of action accrues.$. 5he cause of action accrues from the re?ection of the clai! of theinsured and not from the time of loss.It shall commence from the denial of the claim, not from the resolution of

    the motion for reconsideration, otherwise it can be used by the insured as

    a scheme or device to waste time until the evidence which may be usedagainst him is destroyed. (Sun Insurance Ece, 6td. v. CA, !B) SC7A&. In C"G6I, the written notice of claim must be led within + months fromthe date of the accident otherwise the claim is deemed waived. 5he suit fordamages either with the proper court or with the Insurance Commissionershould be led within ! year from the date of the denial of the claim by theinsurer, otherwise claimant9s right of action shall prescribe. (Sec. $@&

    PARTICULAR 7INDS OF INSURANCE CONTRACTS

    ?'I. &ARINE INSURANCEInsurance against risks connected with navigation, to which a ship, cargo,

    freightage, prots or other insurable interest in movable property, may be

    e-posed during a certain voyage or a -ed period of time. (Sec. BB

    Co-e"!+e3

    A.!. Gessels, goods, freight, cargo, merchandise, prots, money, valuable

    papers, bottomry and respondentia, and interest in respect to all risksor perils of navigation#

    2. 1ersons or property in connection with marine insurance#$. 1recious stones, *ewels, *ewelry and precious metals whether in the

    course of transportation or otherwise# and&. ridges, tunnels, piers, docks and other aids to navigation and

    transportation. (Sec. BBCargo can be the sub*ect of marine insurance, and once it is

    entered into, the implied warranty of seaworthiness immediatelyattaches to whoever is insuring the cargo, whether he be theshipowner or not. (7o'ue v. IAC, !$B SC7A )B+

    . "arine 1rotection and Indemnity InsuranceC!//e/ o: !* !"e /"!ce3 (Prof. e Leon, p.

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    %i:erence between the value of vessel or goods and the amount

    of loan. (Sec. !;!

    2. CreditorlenderAmount of the loan

    Noe3 If a vessel is hypothecated by bottomry, only the e-cess isinsurable, since a loan on bottomry partakes of the nature of an insurancecoverage to the e-tent of the loan accommodation. The sa!e rule ouldapply to the hypothecation of the car*o #y respondentia. (Pandect of

    Co!!ercial La and Durisprudence, Dustice Dose Vitu*, 1" ed.)

    PERILS OF T#E SEA PERILS OF T#E S#IP

    Includes only those casualtiesdue to the>!. unusual violence# or2. e-traordinary action of windand wave# or$. Ether e-traordinary causesconnected with navigation.

    A loss which in the ordinary courseof events, results from the>!. natural and inevitable action ofthe sea2. ordinary wear and tear of theship or$. =egligent failure of the ship9sowner to provide the vessel withproper e'uipment to convey thecargo under ordinary conditions.

    Noe> It is only perils of the sea which may be insured against unless perilsof the ship is covered by an allHrisk policy.

    SPECIAL &ARINE INSURANCE CONTRACTS AND CLAUSESA. A R/@/ Poc5 insurance against all causes of conceivable loss ordamage, e-cept> ! as otherwise e-cluded in the policy# or 2 due to fraudor intentional misconduct on the part of the insured.5he insured has the initial burden of proving that the cargo was in good

    condition when the policy attached and that the cargo was damaged whenunloaded from the vessel# thereafter, the burden then shifts to the insurerto show the e-ception to the coverage. (4ilipinas "erchants Insurance vs.Court of Appeals, !1. =egligence of the captain, engineers, etc.

    2. -plosions, breakage of shafts# and

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    the same cannot be validly interpreted as an automatic admission of thevessel9s seaworthiness by the insurer as to foreclose recourse against thecommon carrier for any liability under the contractual obligation as suchcommon carrier. (%elsan 5ransportation 6ines vs. CA, $+& SC7A 2&

    Se!o"e//A relative term depending upon the nature of the ship, voyage, service

    and goods, denoting in general a ship9s tness to perform the service andto encounter the ordinary perils of the voyage, contemplated by the parties

    to the policy (Sec. !!&.7858%AL %L8& 5he warranty of seaworthiness is complied with if the

    ship be seaworthy at the time of the commencement of the risk. 1rior orsubse'uent unseaworthiness is not a breach of the warranty nor is itmaterial that the vessel arrives in safety at the end of her voyage.

    89C8PTI:5&

    !. In the case of a time policy, the ship must be seaworthy at thecommencement of every voyage she may undertake

    2. In the case of cargo policy, each vessel upon which the cargo isshipped or transshipped, must be seaworthy at the commencement ofeach particular voyage

    $. In the case of a voyage policy contemplating a voyage in di:erent

    stages, the ship must be seaworthy at the commencement of eachportion

    Ac!;5 o: e* !""!5 o: /e!o"e// o c!"+o

    oe"/3 It becomes the obligation of a cargo owner to look for a reliablecommon carrier, which keeps its vessels in seaworthy conditions. 5heshipper may have no control over the vessel but he has control in thechoice of the common carrier that will transport his goods (7o'ue v. IAC,!$B SC7A )B+.

    De-!oA departure from the course of the voyage insured, or an unreasonable

    delay in pursuing the voyage or the commencement of an entirely di:erent

    voyage. (Sec.!2$Instances>

    !. %eparture of vessel from the course of the sailing -ed bymercantile usage

    2. %eparture of vessel from the most natural, direct andadvantageous route if not -ed by mercantile usage

    $. nreasonable delay in pursuing voyage&. Commencement of an entirely di:erent voyage (Secs. !2!H!2$

    Jinds>

    !. 1roper Ha. ?hen caused by circumstances outside the control of the ship captain or

    ship owner#b. ?hen necessary to comply with a warranty or to avoid a peril#

    c. ?hen made in good faith to avoid a peril#

    d. ?hen made in good faith to save human life or to relieve another vesselin distress (Sec. !2&

    :ect> In case of loss, the insurer is still liable.

    2. Improper H very deviation not specied in Sec. !2& (Sec. !2).:ect> In case of loss or damage, the insurer is not liable. (Sec.

    !2+

    LOSS

    !. Total&a. Actual H

    i. 5otal destruction#ii. Irretrievableloss by sinking#iii. %amage rendering the thing valueless# oriv. 5otal deprivation of owner of possession of thing insured. (Sec.

    !$;b. Constructive H

    i. Actual loss of more than P of the value of the ob*ect#ii. %amage reducing value by more than P of the value of the

    vessel and of cargo# andiii. -pense of transshipment e-ceed P of value of cargo. (Sec.

    !$!, in relation to Sec. !$B

    In case of constructive total loss, insured may>!. Abandon goods or vessel to the insurer and claim forwhole insured value (Sec. !$B, or2. ?ithout abandoning vessel, claim for partial actual loss.(Sec. !))

    2. Partial&5hat which is not total (Sec. !2@.

    A'ERAGEAny e-traordinary or accidental e-pense incurred during the voyage for

    the preservation of the vessel, cargo, or both, and all damages to thevessel and cargo from the time it is loaded and the voyage commenceduntil it ends and the cargo unloaded.

    GENERAL PARTICULARas inured to the common benet andprot of all persons interested in thevessel and cargo

    as not inured to the commonbenet and prot of all personsinterested in the vessel and hercargo.

    5o be borne e'ually by all of theinterests concerned in the venture.

    5o be borne alone by the owner ofthe cargo or the vessel, as thecase may be.

    7e'uisites for the right to claimcontribution>!. Common danger to the vessel or

    cargo#2. 1art of the vessel or cargo was

    sacriced deliberately#12 | P a g e

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    $. Sacrice must be for the commonsafety or for the benet of all#

    &. Sacrice must be made by themaster or upon his authority#

    ). It must be not be caused by anyfault of the party asking thecontribution#

    +. It must be successful, i.e. resultedin the saving of the vessel or cargo#

    and=ecessary.

    RIG#T OF INSURED IN CASE OF GENERAL A'ERAGE7858%AL %L8&5he insured may either hold the insurer directly liable for

    the whole of the insured value of the property sacriced for the generalbenet, subrogating him to his own right of contribution or demandcontribution from the other interested parties as soon as the vessel arrivesat her destination89C8PTI:5&

    !. After the separation of interests liable to contribution

    2. ?hen the insured has neglected or waived his right to contribution

    FPA C!/e (F"ee F"o P!"c!" A-e"!+e)A clause agreed upon in a policy of marine insurance in which it is stated

    that the insurer shall not be liable for a particular average, such insurershall be free therefrom, but he shall continue to be liable for his proportionof all general average losses assessed upon the thing insured. (Sec. !$+ABANDON&ENT 5he act of the insured by which, after a constructive total loss, he

    declared the relin'uishment to the insurer of his interest in the thinginsured. (Sec. !$@Re/e/ :o" -!*53

    !. 5here must be an !ctual relin'uishment by the person insured of his

    interest in the thing insured (Sec. !$@#2. 5here must be a constructive total loss (Sec. !$B#$. 5he abandonment be neither artial nor conditional (Sec. !&;#&. It must be made within a reasonable ime after receipt of reliable

    information of the loss (Sec. !&!#). It must be :actual (Sec. !&2#+. It must be made by giving otice thereof to the insurer which may be

    done orally or in writing (Sec. !&$# and

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    when such risks are covered by e-tension to re insurance policies orunder separate policies. (Sec. !+ Art. !!+ workmen9s compensation, motor vehicle liabilityIn a third party liability (516 insurance contract, the insurer assumes the

    obligation by paying the in*ured third party to whom the insured is liable.1rior payment by the insured to the third person is not necessary in orderthat the obligation may arise. 5he moment the insured becomes liable tothird persons, the insured ac'uires an interest in the insurance contractwhich may be garnished like any other credit. (1erla Comapnia de Seguro,Inc vs. 7amolete, 2;) SC7A &@

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    2. Indemnity for actual loss or reimbursement after actual payment by theinsured A third party has no cause of action against the insurer (Sec. )$,onifacio ros. v. "ora, 2; SC7A 2+!.

    5he insurer is not solidarily liable with the insured. 5he insurer9s liability

    is based on contract# that of the insured is based on torts. 4urthermore, theinsurer9s liability is limited by the amount of the insurance coverage (1an"alayan Insurance Corporation v. CA, !@& SC7A )&.

    INTENTIONAL -/. ACCIDENTAL AS USED IN INSURANCEPOLICIES1. Intentional Implies the e-ercise of the reasoning faculties,consciousness and volition. ?here a provision of the policy e-cludesintentional in*ury, it is the intention of the person inDicting the in*ury that iscontrolling. If the in*uries su:ered by the insured clearly resulted from theintentional act of the third person, the insurer is relieve from liability asstipulated. (iagtan v. the Insular 6ife Assurance Co. 6td., && SC7A )@,!B

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    A. Ao"e* D"-e" C!/e A clause which aims to indemnify the insured owner against loss or

    damage to the car but limits the use of the insured vehicle to the insuredhimself or any person who drives on his order or with his permission(Gillacorta v. Insurance Commissioner5he re'uirement that the person driving the insured vehicle is permitted

    in accordance with the licensing laws or other laws or regulations to drivethe motor vehicle (licensed driver is applicable only if the person driving isother than the insured.

    B. Te: C!/eA clause which includes theft as among the risks insured against.

    ?here the car is unlawfully and wrongfully taken without the owner9s

    consent or knowledge, such taking constitutes theft, and thus, it is the/theft clause0 and not the /authori8ed driver clause that should apply(1alermo v. 1yramids Ins., !+! SC7A +

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    !. If committed after to yearsfrom the date of the policy9s issue orits last reinstatement#

    2. If committed in a state of insanity regardless of the date of thecommission unless suicide is an e-cepted peril. (Sec. !@;HA

    $. If committed after a shorter period provided in the policyAny stipulation e-tending the 2Hyear period is null and void.

    2.At the hands o the law(.g. by legal e-ecutionIt is one of the risks assumed by the insurer under a life insurance policy

    in the absence of a valid policy e-ception. (Vance,p.6"2 cited in de Leon,p. 10")Noe3Rustice Gitug believes that death by suicide (if the insured is sane orat the hands of the law obviates against recovery as being more inconsonance with public policy and as being implicit under Section @

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    2.A%"I=IS57A5IGQ736A5E7Fa. nforcement of insurance lawsb. Issuance, suspension or revocation of certicate of authorityc. 1ower to e-amine books and records, etc.d. 7uleHmaking authoritye. 1unitive

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