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Sun Insurance V CA

Sun Insurance v CA (G.R. No. 92383, July 17, 1992): Petitioner Sun Insurance issued a personal accident policy to Felix Lim Jr., with his wife Nerissa Lim as beneficiary. Felix died from a self-inflicted gunshot wound, believing the gun was unloaded. Nerissa sought to recover the policy value, but Sun Insurance refused, claiming Felix willfully exposed himself. Both the trial court and the Court of Appeals ruled in Nerissa's favor. The Supreme Court also held that Felix's death was accidental, as he believed in good faith the gun was unloaded, so it fell under the insurance policy coverage. Sun Insurance must pay Nerissa the policy

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110 views1 page

Sun Insurance V CA

Sun Insurance v CA (G.R. No. 92383, July 17, 1992): Petitioner Sun Insurance issued a personal accident policy to Felix Lim Jr., with his wife Nerissa Lim as beneficiary. Felix died from a self-inflicted gunshot wound, believing the gun was unloaded. Nerissa sought to recover the policy value, but Sun Insurance refused, claiming Felix willfully exposed himself. Both the trial court and the Court of Appeals ruled in Nerissa's favor. The Supreme Court also held that Felix's death was accidental, as he believed in good faith the gun was unloaded, so it fell under the insurance policy coverage. Sun Insurance must pay Nerissa the policy

Uploaded by

Kristina Karen
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Sun Insurance v CA (G.R. No. 92383, July 17, 1992) Petitioner: Sun Insurance Office, Ltd.

Respondents: CA, and Nerissa Lim Ponente: Cruz, J. Facts

Petitioner Sun Insurance issued a Personal Accident Policy in favor of Felix Lim Jr. with his wife, herein respondent Nerissa Lim, as the beneficiary. Felix died two months later through a bullet wound in his head which he had inflicted himself with in belief that the gun used was not loaded. Because of her husbands death, Nerissa sought to recover the face value of the policy from petitioner Sun Insurance. The latter, however, refused to pay her, averring that the case of death of Felix was not an accident and fell into the exceptions in the coverage of the policy stipulated, that he willfully (exposed) himself to needless peril. Nonetheless, the trial court and the CA ruled in favor of the widow Nerissa and ordered Sun Insurance to pay the former the value of the policy. Hence this petition. Issue

Whether or not the insurance policy at hand must be construed to cover the case of death of Felix Lim Jr. Held

YES. An accident has been defined by the Court as that which happens by chance or fortuitously, without intention or design, and which is unexpected, unusual, and unforeseen. In this case, the Court established that the deceased believed in good faith that the gun was not loaded with its magazine when he pointed and shot it to his head. It was not his intention to expose himself to needless peril, as the gun was thought to be empty. Hence, the case of death of Felix Lim, Jr. must be considered to fall under the ambit of the insurance policy issued by the petitioner and that Sun Insurance must pay Nerissa Lim the value of the policy.

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