Midterm Insurance 2

 

Insular Life Assurance Co., Ltd. v. Feliciano, G.R. No. 47593, [e!te"#er $3, $94$%, 73 &'IL ()$*($+ FAC- One Evaristo Feliciano fled an application or insurance with the herein petitioner upon the solicitation o one o its agents. Two insurance policies to the aggregate amount o P25,000 were issued to him. Feliciano died on eptem!er 2", #"$5. The deendant compan% reused to pa% on the ground that the policies were raudulentl% o!tained, the insured having given alse answers and statements the application as well as in the medical report. &a detailed fact is iven in t/e in ne0t case'

I12- ()* the +nsular has a right to avoid the polic% '2L- *O. The agent -new all the time the true state o health o the insured. The insurers insurer s medical e/aminer approved the application -nowing ull well that the applicant was sic-. The situation is one in which one o two innocent parties must !ear a loss or his reliance upon a third person. +n this case, it was the insurer who gave the agent authorit% to deal with the applicant. +t was the one who selected the agent, thus impl%ing that the insured could put his trust on him. +t was the one who drated and accepted the polic% and consummated the contract. It see"s reasona#le t/at as #eteen t/e to of t/e", t/e one /o e"!loed and ave c/aracter to t/e t/ird !erson as its aent s/ould #e t/e one to #ear t/e loss.  The weight o o authorit% is that i an agent agent o the insurer, insurer, ater o!taining rom rom an applicant or insurance a correct and truthul answer to interrogatories contained in the application or insurance, without -nowledge o the applicant flls in alse answers, either raudulentl% or otherwise, the insurer cannot assert the alsit% o such answers as a deense to lia!ilit% on the polic%, and this is true generall% without regard regard to the su!ect matter o the answers or the nature o the agents duties or limitations on his authorit%, at least i not !rought to the attention o the applicant.

/e fact t/at t/e insured did not read t/e a!!lication /ic/ /e sined, is not indicative of #ad fait/ . +t has !een held that it is not negligence or the insured to sign an application without frst reading it i the insurer !% its conduct in appointing the agent in1uenced the insured to place trust and confdence in the agent. 6N2- /is see"ed to #e reversed # t/e C in its decision in t/e ne0t case.8

 

Insular Life Assurance Co., Ltd. v. Feliciano, G.R. No. 47593, [ece"#er (9, $943% FAC- Evaristo Feliciano, who died on eptem!er 2", #"$5, was suering with advanced pulmonar% tu!erculosis when he signed his application or insurance with the petitioner on Octo!er #2, #"$3. On that same date 4octor Trepp, who had ta-en 6ra% pictures o his lungs, inormed the respondent 4r. erafn 4. Feliciano, !rother o Evaristo, that the latter 7was alread% in a ver% serious and practicall% hopeless condition.7 *evertheless the 8uestion contained in the application 9 7:ave %ou ever suered rom an% ailment or disease o the lungs, pleuris%, pneumonia or asthma7 9 appears to have !een answered, answered, 7*o.7 ;nd a!ove the signature signature o the applicant, ollowing the answers to the various 8uestions propounded to him, is the ollowing printed statement< 7+ declare !ehal m%selhereunder, and o er, an%that person who shall haveanswers or claimis an% interest inon an% polic%oissued hereund each o the a!ove ull, complete and true, and that to the !est o m% -nowledge and !elie + am a proper su!ect or lie insurance.7 &E/hi!it =.'

/e false anser a#ove referred to, as ell as t/e ot/ers, as ritten # t/e Co"!ans solicitin aent Ro"ulo :. avid, in collusion it/ t/e "edical e0a"iner r. Greorio ;alde< , or the purpose o securing the >ompan%s approval o the application so that the polic% to !e issued thereon might !e credited to said agent in connection with the inter6provincial contest which the >ompan% was then holding among its soliciting agents to !oost the sales o its policies. ;gent 4avid !ri!ed ?edical E/aminer @aldeA with mone% which the ormer !orrowed rom the applicants mother !% wa% o advanced pa%ment on the premium, +nsular insists that upon the acts o the case the policies in 8uestion are null and void a! initio, invo-ing concealment, and that all that the respondents are entitled to is the reund o the premiums paid thereon.

I12- ()* the heirBs claim or the proceeds !e granted '2L- *O. There was concealment. (hen Evaristo Feliciano, the applicant or insurance, signed the application in !lan- and authoriAed the soliciting agent and)or the medical e/aminer o the >ompan% to write the answers or him, /e "ade t/e" /is on aents for t/at !ur!ose, and he was responsi!le or their acts in that connection. + the% alsifed the answers or him, he could not evade the responsi!ilit% respons i!ilit% or the alsifcation. alsifcation. :e was not supposed to sign the application in !lan-. :e -new that the answers to the 8uestions therein contain contained ed would !e 7the

 

!asis o the polic%,7 and or that ver% reason he was re8uired with his signature to vouch or the truth thereo. ?oreover, rom the acts o the case we cannot escape the conclusion that the insured acted in connivance with the soliciting agent and the medical e/aminer o the >ompan% in accepting the policies in 8uestion. (hen the applicant signed the application he was 7having diCcult% in !reathing, . . . with a ver% high ever.7 :e had gone three times to the antol anatorium and had 6ra% ta-en o his lungs. :e thereore thereor e -new that he was not 7a proper su!ect orpictures lie insurance.7 =/en /e acce!ted t/e !olic, /e >ne t/at /e as not in ood /ealt/.