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    #43 Malayan Insurance Corp Vs CA

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    mary
    The petitioner insurance company refused to pay damages for a vehicle that was involved in an accident while being unlawfully taken from a repair shop. The vehicle was insured under a comprehensive policy. The issue is whether the petitioner is liable for damages sustained during the unlawful taking. The court held that the unlawful taking of the vehicle without permission placed it within the definition of theft under the policy, so the damages are compensable. As one of the persons who took the vehicle pleaded guilty to unlawful taking, the respondent sufficiently established their claim. The petitioner was found liable to pay damages plus interest as required under the Civil Code for a debtor in default.

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    #43 Malayan Insurance Corp Vs CA

    Uploaded by

    mary
    722 views1 page
    The petitioner insurance company refused to pay damages for a vehicle that was involved in an accident while being unlawfully taken from a repair shop. The vehicle was insured under a comprehensive policy. The issue is whether the petitioner is liable for damages sustained during the unlawful taking. The court held that the unlawful taking of the vehicle without permission placed it within the definition of theft under the policy, so the damages are compensable. As one of the persons who took the vehicle pleaded guilty to unlawful taking, the respondent sufficiently established their claim. The petitioner was found liable to pay damages plus interest as required under the Civil Code for a debtor in default.

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    Case Digest

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    #43 Malayan Insurance Corp vs CA

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    The petitioner insurance company refused to pay damages for a vehicle that was involved in an accident while being unlawfully taken from a repair shop. The vehicle was insured under a comprehensive policy. The issue is whether the petitioner is liable for damages sustained during the unlawful taking. The court held that the unlawful taking of the vehicle without permission placed it within the definition of theft under the policy, so the damages are compensable. As one of the persons who took the vehicle pleaded guilty to unlawful taking, the respondent sufficiently established their claim. The petitioner was found liable to pay damages plus interest as required under the Civil Code for a debtor in default.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    722 views1 page

    #43 Malayan Insurance Corp Vs CA

    Uploaded by

    mary
    The petitioner insurance company refused to pay damages for a vehicle that was involved in an accident while being unlawfully taken from a repair shop. The vehicle was insured under a comprehensive policy. The issue is whether the petitioner is liable for damages sustained during the unlawful taking. The court held that the unlawful taking of the vehicle without permission placed it within the definition of theft under the policy, so the damages are compensable. As one of the persons who took the vehicle pleaded guilty to unlawful taking, the respondent sufficiently established their claim. The petitioner was found liable to pay damages plus interest as required under the Civil Code for a debtor in default.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-59919 November 26, 1986


    MALAYAN INSURANCE CO., INC., petitioner-appellant,
    vs.
    THE HONORABLE COURT OF APPEALS and AURELIO LACSON, respondents-appellees.

    Facts:
    Plaintiff Aurelio Lacson (private respondent herein) is the owner of a Toyota NP Land Cruiser. Said
    vehicle was insured with defendant company (petitioner herein) under "private car comprehensive"
    policy No. BIFC/PV-0767 for a one year period, from Dec. 3, 1974 to Dec. 3, 1975. On Dec. 1, 1975
    plaintiff caused the delivery of subject vehicle to the shop of Carlos Jamelo for repair. On Dec. 2, 1975
    while the vehicle was in Carlos Jamelo's shop, a certain Rogelio Mahinay, together with his other coemployees in the shop took and drove the Toyota Land Cruiser, as a result of which it met with an
    accident at Bo. Taculing Bacolod City, causing damage thereto, in an estimated amount of P21, 849.62.
    Plaintiff sought indemnification under his insurance policy from defendant company but the latter
    refused to pay on the ground that the claim is not covered by the policy inasmuch as the driver of the
    insured vehicle at the time of the accident was not a duly licensed driver.

    Issue:
    Whether or not the petitioner is liable for damages sustained in the course of the unlawful taking
    of the vehicle.

    Held:
    Yes, petitioner is liable for the damages. The taking of the vehicle by another person without
    permission or authority from the owner or person-in-charge thereof is sufficient to place it within the
    ambit of the word theft as contemplated in the policy, and is therefore, compensable." The fact that one
    of the accused persons in the criminal case (filed against those who took the jeep from the repair shop)
    pleaded guilty to the charge of having unlawfully taken the insured vehicle did away with the necessity
    of a final disposition of the criminal case in order for plaintiff to recover under his insurance policy.
    Respondent has sufficiently established his demand for the award of damages plus interest as
    sanctioned under Arts. 1169, 1170 and 2209 of the Civil Code. Thus, a debtor who is in delay (default) is
    liable for damages (Art. 1170) generally from extrajudicial or judicial demand (Art. 1169) in the form of
    interest.

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