Laws Applicable: Article 1523 of the Civil Code,Section 13 of the Insurance Code
FACTS:
- Choa Tiek Seng, consignee of the shipment of fishmeal loaded, insured in "all risks policy" 600 metric tons of fishmeal in new gunny bags of 90 kilos each from Bangkok, Thailand to Manila against all risks under warehouse to warehouse terms but only 59.940 metric tons was imported
- When it was unloaded unto the arrastre contractor E. Razon, Inc. and Filipino Merchants's surveyor ascertained and certified that in such discharge 105 bags were in bad order condition which was reflected in the survey report of Bad Order cargoes
- Before delivery to Choa, E. Razon's Bad Order Certificate showed that a total of 227 bags in bad order condition
- Choa brought an action against Filipino Merchants Insurance Co. who brought a third party complaint against Compagnie Maritime Des Chargeurs Reunis and/or E. Razon, Inc.
- RTC: Ordered Filipino Merchants to pay Choa and reimbursefrom Compagnie Maritime Des Chargeurs Reunis and third party defendant E. Razon, Inc.
- CA: Affirmed but modified by adjudicating the third party complaint
- Filipino Merchants contended that Chao has no insurable interest and therefore the policy should be void and that it was fraud that it did not disclose of such fact
ISSUE: W/N
HELD: YES. CA affirmed.
- GR: the burden of proof is upon the insured to show that a loss arose from a covered peril, but under an "all risks" policy the burden is not on the insured to prove the precise cause of loss or damage for which it seeks compensation. The insured under an "all risks insurance policy" has the initial burden of proving that the cargo was in good condition when the policy attached and that the cargo was damaged when unloaded from the vessel; thereafter, the burden then shifts to the insurer to show the exception to the coverage. - none was shown = liable
- Section 13 of the Insurance Code defines insurable interest in property as every interest in property, whether real or personal, or any relation thereto, or liability in respect thereof, of such nature that a contemplated peril might directly damnify the insured.
- As vendee/consignee of the goods in transit has such existing interest. His interest over the goods is based on the perfected contract of sale. The perfected contract of sale between him and the shipper of the goods operates to vest in him an equitable title even before delivery or before be performed the conditions of the sale. The contract of shipment, whether under F.O.B., C.I.F., or C. & F. as in this case, is immaterial in the determination of whether the vendee has an insurable interest or not in the goods in transit.
- Article 1523 of the Civil Code provides that where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for, the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, the exceptions to said rule not obtaining in the present case. The Court has heretofore ruled that the delivery of the goods on board the carrying vessels partake of the nature of actual delivery since, from that time, the foreign buyers assumed the risks of loss of the goods and paid the insurance premium covering them
- C & F contracts are shipment contracts. The term means that the price fixed includes in a lump sum the cost of the goods and freight to the named destination. It simply means that the seller must pay the costs and freight necessary to bring the goods to the named destination but the risk of loss or damage to the goods is transferred from the seller to the buyer when the goods pass the ship's rail in the port of shipment.
- Moreover, the issue of lack of insurable interest was not among the defenses averred in petitioners answer.