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Under insurance code. Insured is the The consent of the husband is not
person who applied for and to whom necessary for the validity of an
an insurance policy is issued to cover insurance policy taken out by a
his life, property or the life or property married woman on her life or that
of other persons whose life or property of her children.
he has insurable interest or liability to
other persons. The insured is the one Any minor of the age of eighteen
who enters into a contract with the years or more, may,
insurer notwithstanding such minority,
contract for life, health and
ASSURED AND OWNER – When accident insurance, with any
another person takes an insurance insurance company duly
over the life of the other, that person authorized to do business in the
is the assured, the one covered is the Philippines, provided the
insured. insurance is taken on his own life
and the beneficiary appointed is
CAPACITY the minor's estate or the minor's
father, mother, husband, wife,
NCC – Contract is voidable if the child, brother or sister.
persons who contracted are without
capacity. The married woman or the minor
herein allowed to take out an
Married Women- Can enter in to an insurance policy may exercise all
insurance policy without consent of the rights and privileges of an
the husband, under the family code. owner under a policy.
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an original owner on the life or existing under any laws other
health of a minor shall than those of the Philippines.
automatically vest in the minor
upon the death of the original Sec. 185. Corporations formed or
owner, unless otherwise provided organized to save any person or
for in the policy. persons or other corporations
harmless from loss, damage, or
Parents can insure the life of their liability arising from any unknown
minor children or future or contingent event, or
to indemnify or to compensate
Public Enemy Anyone except a any person or persons or other
public enemy may be insured. corporations for any such loss,
damage, or liability, or to
Effect of War – War abrogates the guarantee the performance of or
insurance contract. compliance with contractual
obligations or the payment of
INSURER debt of others shall be known as
"insurance corporations".
Sec. 6. Every person, partnership,
association, or corporation duly The provisions of the Corporation Law
authorized to transact insurance shall apply to all insurance
business as elsewhere provided in this corporations now or hereafter
code, may be an insurer. engaged in business in the Philippines
insofar as they do not conflict with the
Sec. 184. For purposes of this Code, provisions of this chapter.
the term "insurer" or "insurance
company" shall include all individuals, Mutual benefit association – Are
partnerships, associations, or under the regulatory powers of the
corporations, including government- Insurance Commission.
owned or controlled corporations or
entities, engaged as principals in the Sec. 390. Any society, association or
insurance business, excepting mutual corporation, without capital stock,
benefit associations. Unless the formed or organized not for profit but
context otherwise requires, the terms mainly for the purpose of paying sick
shall also include professional benefits to members, or of furnishing
reinsurers defined in section two financial support to members while
hundred eighty. "Domestic out of employment, or of paying to
company" shall include companies relatives of deceased members of
formed, organized or existing fixed or any sum of money,
under the laws of the Philippines. irrespective of whether such aim or
"Foreign company" when used purpose is carried out by means of
without limitation shall include fixed dues or assessments collected
companies formed, organized, or regularly from the members, or of
providing, by the issuance of
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certificates of insurance, payment of mutual life insurer. To that end it
its members of accident or life may provide and carry out a plan
insurance benefits out of such fixed for the acquisition of the
and regular dues or assessments, but outstanding shares of its capital
in no case shall include any society, stock for the benefit of its
association, or corporation with such policyholders, or any class or
mutual benefit features and which classes of its policyholders, by
shall be carried out purely from complying with the requirements
voluntary contributions collected not of this chapter.
regularly and or no fixed amount from
whomsoever may contribute, shall be Sec. 263. Such plan shall include
known as a mutual benefit association appropriate proceedings for
within the intent of this Code. amending the insurer's articles of
incorporation to give effect to the
Any society, association, or acquisition, by said insurer, for
corporation principally organized as the benefit of its policyholders or
labor union shall be governed by the any class or classes thereof, of
Labor Code notwithstanding any the outstanding shares of its
mutual benefit feature provisions in its capital stock and the conversion
charter as incident to its organization. of the insurer from a stock
In no case shall a mutual benefit corporation into a non-stock
association be organized and corporation for the benefit of its
authorized to transact business as a members. The members of such
charitable or benevolent organization, non-stock corporation shall be the
and whenever it has this feature as policyholders from time to time of
incident to its existence, the the class or classes for whose
corresponding charter provision shall benefit the stock of the insurer
be revised to conform with the was acquired, and the
provision of this section. Mutual policyholders of such other class
benefit association, already licensed or classes as may be specified in
to transact business as such on the such corporation's articles of
date this Code becomes effective, incorporation as they may be
having charitable or benevolent amended from time to time. Such
feature shall abandon such incidental plan shall be:
purpose upon effectivity of this Code if
they desire to continue operating as (1) Adopted by a vote of a
such mutual benefit associations. majority of the directors;
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written consent of such assigned by assignment absolute
sharesholders; on its face to an assignee other
than the insurer, and such
(3) Submitted to the assignment shall have been filed
Commissioner and approved by at the principal office of the
him in writing; insurer at least thirty days prior
to the date of any election or
(4) Approved by a majority meeting referred to in this
vote of all the policyholders of the chapter, then such assignee shall
class or classes for whose benefit be deemed at such election or
the stock is to be acquired voting meeting to be the policyholder.
at an election by the policyholders For the purpose of this chapter
called for that purpose, subject to the terms "policyholder" and
the provisions of section two "policyholders" include the
hundred sixty-five. The terms employer to whom, or a president,
"policyholder" or "policyholders" secretary or other executive
as used in this chapter shall be officer of any corporation or
deemed to mean the person or association to which a master
persons insured under an group policy has been issued, but
individual policy of life insurance, exclude the holders of certificates
or of health and accident or policies issued under or in
insurance, or of any combination connection with a master group
of life, health and accident policy. Beneficiaries under
insurance. They shall also include unmatured contracts shall not as
the person or persons to whom such be deemed to be
any annuity or pure endowment is policyholders;
presently or prospectively
payable by the terms of an (5) Filed with the
individual annuity or pure Commissioner after having been
endowment contract, except approved as provided in this
where the policy or contract section.
declares some other person to be
the owner or holder thereof, in Demutualization – the trend is
which case such other person towards demutualization, because it
shall be deemed policyholder. In easier to raise funds, thus from mutual
any case where a policy or insurance companies to stock
contract names two or more corporations. It is also done to
persons as joint insured, payees, diversify the activities of the insurance
owners or holders thereof, the company.
persons so named shall be
deemed collectively to be one Certificate of Authority – required
policyholder for the purpose of for an insurance company, issued by
this chapter. In any case where a the insurance commissioner.
policy or contract shall have been
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Sec. 186. No person, partnership, or The Commissioner may refuse to
association of persons shall transact issue a certificate of authority to
any insurance business in the any insurance company if, in his
Philippines except as agent of a judgment, such refusal will best
person or corporation authorized to do promote the interest of the
the business of insurance in the people of this country. No such
Philippines, unless possessed of the certificate of authority shall be
capital and assets required of an granted to any such company
insurance corporation doing the same until the Commissioner shall have
kind of business in the Philippines and satisfied himself by such
invested in the same manner; nor examination as he may make and
unless the Commissioner shall have such evidence as he may require
granted to him or them a certificate to that such company is qualified by
the effect that he or they have the laws of the Philippines to
complied with all the provisions of law transact business therein, that
which an insurance corporation doing the grant of such authority
business in the Philippines is required appears to be justified in the light
to observe. of economic requirements, and
that the direction and
Every person, partnership, or administration, as well as the
association receiving any such integrity and responsibility of the
certificate of authority shall be subject organizers and administrators,
to the insurance laws of the the financial organization and the
Philippines and to the jurisdiction and amount of capital,
supervision of the Commissioner in the notwithstanding the provisions of
same manner as if an insurance section one hundred eighty-eight,
corporation authorized by the laws of reasonably assure the safety of
the Philippines to engage in the the interests of the policyholders
business of insurance specified in the and the public.
certificate.
In order to maintain the quality of
Grounds for disapproval. the management of the insurance
companies and afford better
Sec. 187. No insurance company protection to policyholders and
shall transact any insurance the public in general, any person
business in the Philippines until of good moral character,
after it shall have obtained a unquestioned integrity and
certificate of authority for that recognized competence may be
purpose from the Commissioner elected or appointed director or
upon application therefor and officer of insurance companies.
payment by the company The Commissioner shall prescribe
concerned of the fees hereinafter the qualifications of the executive
prescribed. officers and other key officials of
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insurance companies for purposes and non-life insurance
of this section. concurrently unless specifically
authorized to do so: Provided,
No person shall concurrently be a That the terms "life" and "non-
director and/or officer of an life" insurance shall be deemed to
insurance company and an include health, accident and
adjustment company. disability insurance.
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1. Transact in the Philippines with circular or statement of any sort
the business of life and nonlife misrepresenting the terms of
insurance concurrently unless any policy issued by any
specifically authorized to do so insurance company of the
2. To have equity in an adjustment benefits or advantages
company but neither shall an promised thereby, or any
adjustment company have an misleading estimate of the
equity in an insurance company dividends or share of surplus to
3. To negotiate any contract of be received thereon
insurance other than is plainly 8. To use any name or title of any
expressed in the policy or other policy or class of policies
written contract issued to or to misrepresenting the true nature
be issued as evidence thereof. thereof
4. To give directly or indirectly, by 9. To make any misleading
giving or sharing a commission representation or incomplete
or in any manner whatsoever, comparison of policies to any
pay or allow or offer to pay or person insured in such company
allow to the insured or to any for the p[urpose of inducing or
employee of such insured either tending to induce such person
as inducement to the making of to lapse, forfeit, or surrender his
such insurance or after such said insurance.
insurance has been effected,
any rebate from the premium BENEFICIARY – Third person, unless
which is specified in the policy , he is the insured person himself, he is
or any special favor or not one of the contacting parties.
advantage in the dividends or
other benefits to accrue theron Sec. 53. The insurance proceeds shall
5. To give or offer to give any be applied exclusively to the proper
valuable consideration or interest of the person in whose name
inducement of any kind, directly or for whose benefit it is made unless
or inderictly which is not otherwise specified in the policy.
specified in such insurance
policy or contract of insurance No Beneficiary indicated – To the
6. To make any discrimination estate of the person who acquired the
against any Filipino, in the policy
sense that he is given less
advantageous rates, dividends If with beneficiary to the beneficiary
or other policy conditions or
privileges than are accorded to Conjugal funds
other nationals because of his
race. From conjugal funds- half to
7. To issue or circulate or cause or estate half to surviving spouse.
permit to be issued or circulated
any literature, illustration,
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If there is beneficiary, to 2. Persons found of same offense
beneficiary, unless disqualified in consideration there of
3. Made to public officer or his wife
BENEFICIARY by reason of his office.
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INSURANCE AGENT – any person who Reduces moral hazard and insurable
for compensation solicits or obtains interest helps in measuring the loss of
insurance on behalf of any insurance the insured.
company or transmits for a person
other than himself an application for a Sec. 10 regulates who may have
policy or contract of insurance to or insurable interest on the life of
from such company or offers or another.
assumes to act in the negotiating of
such insurance. Sec. 10. Every person has an insurable
interest in the life and health:
General Agent. No power to act as
agent, except with written power of (a) Of himself, of his spouse and of
attorney, executed by insurance his children;
company,
(b) Of any person on whom he
Classes of agents, depends wholly or in part for
education or support, or in whom he
Salaried has a pecuniary interest;
On commission basis
INSURANCE BROKER – acts for the (c) Of any person under a legal
insured. obligation to him for the payment of
-any person who for any compensation money, or respecting property or
, commission or other thing of value, services, of which death or illness
acts or aids in any manner in might delay or prevent the
soliciting, negotiating or procuring the performance; and
making of any insurance contract or in
placing risk or taking out insurance, on (d) Of any person upon whose life
behalf of an insured other than any estate or interest vested in him
himself. depends.
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relation thereto, or liability in respect a. Any title to, or interest in
thereof, of such nature that a property, legal or equitable, will
contemplated peril might directly support a contract of insurance.
damnify the insured, is an insurable Even where the insured has no
interest. title, the contract will be upheld
if his interest in or his relation
Sec. 14. An insurable interest in to, the property is such that he
property may consist in: will, or may be benefited by its
continued existence or suffer a
(a) An existing interest; direct pecuniary loss from its
destruction or injury
(b) An inchoate interest founded b. The test in determining
on an existing interest; or insurable interest in property is
whether one will derive
(c) An expectancy, coupled with an pecuniary benefit or
existing interest in that out of which disadvantage from its
the expectancy arises. preservation, opr will suffer
pecuniary loss or damage from
Sec. 15. A carrier or depository of any its destruction, termination,
kind has an insurable interest in a injury byu the happening of the
thing held by him as such, to the event insured against.
extent of his liability but not to exceed
the value thereof. KINDS OF INSURABLE INTEREST
1. Existing interest includes
Sec. 16. A mere contingent or interest of an owner
expectant interest in anything, not 2. Inchoate interest founded on an
founded on an actual right to the existing interest
thing, nor upon any valid contract for 3. Expectancy coupled with an
it, is not insurable. existing interest out of which
the expectancy arises.
Sec. 17. The measure of an insurable
interest in property is the extent to Existing interest
which the insured might be damnified
by loss or injury thereof. With rights of the owner, although
even if lesee, depositary,
TEST usufructuary, borrower in
May be determined id the insured has commodatum.
interest in property, whether real or
personal, or any relation thereto, or Unpaid seller retains unsurable
liability in respect thereof, or such interest over the goods even if
nature that a contemplated peril might ownership already transferred.
directly damnify the said insured.
Buyer has insurable interest when
goods are in transit.
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time of perfection of contract
Exists in the ff cases: and loss
NEED FOR LEGAL Expectation must
1. When the insured possesses a BASIS: Need not have legal basis
legal title to the property have legal basis
insured, whether vested or BENEFICIARY’s Insurable interest
contingent, defeasible or INTEREST: Must not necessary is
indefeasible have insurable on his own life
2. When he has equitable title of interest
whatever character and in Must have
whatever manner acquired insurable interest
3. When he possesses a qualified if taken out of the
property or possessory right in life of another
the subject of the insurance person
4. When ha has mere possession
or right of possession
5. When he has neither possession
of the property nor any other INSURABLE INTEREST OF BAILEE
legal interest in it but stand in Such as carriers
such a relation with respect to it
that he may suffer from its Sec. 15. A carrier or depository of any
destruction, loss of a legal right kind has an insurable interest in a
dependent upon its continued thing held by him as such, to the
existence. extent of his liability but not to exceed
the value thereof.
INCHOATE INTEREST
Must be founded on existing interest. MORTGAGOR and MORTGAGEE
Shareholder has inchoate interest on
the properties of the corporation Sec. 8. Unless the policy otherwise
provides, where a mortgagor of
EXPECTANCY. property effects insurance in his own
Must be coupled with existing interest. name providing that the loss shall be
Interest of heir on property of payable to the mortgagee, or assigns
successor who is still alive is a mere a policy of insurance to a mortgagee,
expectancy that is NOT coupled with the insurance is deemed to be upon
existing interest. the interest of the mortgagor, who
does not cease to be a party to the
INSURABLE INSURABLE original contract, and any act of his,
INTEREST IN INTEREST IN LIFE prior to the loss, which would
PROPERTY otherwise avoid the insurance, will
As to extent: Unlimited if have the same effect, although the
Limited to value secured by the property is in the hands of the
of property creditor mortgagee, but any act which, under
TIME of existence: Time of perfection the contract of insurance, is to be
11 From Timoteo Aquino’s Insurance Laws
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performed by the mortgagor, may be
performed by the mortgagee therein Sec. 9. If an insurer assents to the
named, with the same effect as if it transfer of an insurance from a
had been performed by the mortgagor to a mortgagee, and, at the
mortgagor. time of his assent, imposes further
obligation on the assignee, making a
Mortgagee may be made the new contract with him, the act of the
beneficial payee in several ways mortgagor cannot affect the rights of
including the FF. said assignee.
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interest in the insurance are vested in agreed that the insurance shall cease
the same person. upon an alienation of the thing
insured.
Sec. 58. The mere transfer of a
thing insured does not transfer INSURABLE INTEREST IN PROPERTY
the policy, but suspends it until
the same person becomes the Insured has insurable interest over the
owner of both the policy and the property at the time the insurance is
thing insured to take effect. LIFE INSURANCE IS NOT
A CONTRACT OF INDEMNITY
But it may be transferred when there
is a stipulation and the insurer INSURABLE INTEREST IN PROPERTY
accedes INSURANCE
Must have insurable interest in the
Sec. 57. A policy may be so framed property obeject of the insurance. For
that it will inure to the benefit of if none, it is a wagering contract.
whomsoever, during the continuance
of the risk, may become the owner of INSURABLE INTEREST OF BENEFICIARY
the interest insured. IN LIFE
If for himself, he can designate
Sec. 21. A change in interest in a thing anybody as beneficiary.
insured, after the occurrence of an
injury which results in a loss, does not If for another person, there must be an
affect the right of the insured to insurable interest, as mentioned in
indemnity for the loss. section 10
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IF transfer of insurance policy is made
after the loss, insurable interest on the
part of the beneficiary is no longer
necessary.
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