Ang Giok Chip v Springfield G.R. No. L-33637 December

Jun 21st, 2015
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Ang insured his warehouse for the total value of Php 60,000. One of these, amounting to 10,000, was with Springfield Insurance Company. His warehouse burned down, then he attempted to recover 8,000 from Springfield for the indemnity.

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Ang Giok Chip v Springfield G.R. No. L-33637 December 31, 1931J. MalcolmFacts:Ang insured his warehouse for the total value of Php 60,000. One of these, amounting to 10,000, was with SpringfieldInsuranceCompany. His warehouse burned down, then he attempted to recover 8,000 from Springfield for the indemnity. Theinsurancecompany interposed its defense on a rider in the policy in the form of Warranty F, fixing the amount of hazardous good that can be stored in a building to be covered by theinsurance. They claimed that Ang violated the 3 percent limit by placing hazardous goods to as high as 39 percent of all the goods stored in the building. His suit to recover was granted by the trial court. Hence, this appeal.Issue: Whether a warranty referred to in the policy as forming part of the contract ofinsuranceand in the form of a rider to theinsurance policy, is null and void because not complying with the PhilippineInsuranceAct.Held: No. The warranty is valid. Petition dismissed.Ratio:TheInsuranceAct, Section 65, taken from California law, states:"Every express warranty, made at or before the execution of a policy, must be contained in the policy itself, or in another instrument signed by the insured and referred to in the policy, as making a part of it."Warranty F, indemnifying for a value of Php 20,000 and pasted on the left margin of the policy stated:It is hereby declared and agreed that during the currency of this policy no hazardous goods be store

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