G.R. No. L-22042 August 17, 1967
Lessons Applicable: Stipulation Pour Autrui (Insurance)
FACTS:
- Julio Aguilar owner and operator of several jeepneys insured them with Capital Insurance & Surety Co., Inc.
- February 20, 1961: Along the intersection of Juan Luna and Moro streets, City of Manila, the jeepneys operated by Aguilar driven by Iluminado del Monte and Gervacio Guingon bumped and Guingon died some days after
- Iluminado del Monte was charged with homicide thru reckless imprudence and was penalized 4 months imprisonment
- The heirs of Gervacio Guingon filed an action for damages praying that P82,771.80 be paid to them jointly and severally by the driver del Monte, owner and operator Aguilar, and the Capital Insurance & Surety Co., Inc.
- CFI: Iluminado del Monte and Julio Aguilar jointly and severally to pay plaintiffs the sum of P8,572.95 as damages for the death of their father, plus P1,000.00 for attorney's fees plus costs
- Capital Insurance and Surety Co., Inc. is hereby sentenced to pay P5,000 plus P500 as attorney's fees and costs to be applied in partial satisfaction of the judgment rendered against Iluminado del Monte and Julio Aguilar in this case
ISSUE:
1. W/N there a stipulation pour autriu to enable that will enable the heirs to sue against Capital Insurance and Surety Co., Inc.? - YES
2. W/N the heirs can sue the insurer and insured jointly? - YES
HELD: Affirmed in toto.
1. YES
- policy: the insurer agreed to indemnify the insured "against all sums . . . which the Insured shall become legally liable to pay in respect of: a. death of or bodily injury to any person . . . ." - indemnity against liability
- TEST: Where the contract provides for indemnity against liability to third persons, then third persons to whom the insured is liable, CAN sue the insurer. Where the contract is for indemnity against actual loss or payment, then third persons CANNOT proceed against the insurer, the contract being solely to reimburse the insured for liability actually discharged by him thru payment to third persons, said third persons' recourse being thus limited to the insured alone.
2. YES
- policy: expressly disallows suing the insurer as a co-defendant of the insured in a suit to determine the latter's liability
- no action close: suit and final judgment be first obtained against the insured; that only "thereafter" can the person injured recover on the policy
- Sec. 5 of Rule 2 on "Joinder of causes of action" and Sec. 6 of Rule 3 on "Permissive joinder of parties" cannot be superseded, at least with respect to third persons not a party to the contract, as herein, by a "no action" clause in the contract of insurance.
