Finman General Vs Court of Appeals
Finman General Vs Court of Appeals
Facts: Deceased Carlie Surposa was insured with petitioner, while said
insurance was in full force the insured died as a result of a stab wound
inflicted by one of the three unidentified men. Private respondent and the
other beneficiary of the said insurance policy filed a written notice of claim
with the petitioner which denied said claim contending that murder and
assault are not within the cope of the insurance policy. Hence petitioner filed
this petition alleging grave abuse of discretion on the part of the appellate
court applying expresio unios est exclusion alterius
Issue: W/N death resulting from murder or assault is deemed included in the
term accident and accidental.
Held: Yes as correctly pointed out by the CA it cannot be said that it was
known to Carolie Surposa that she would die that day on an assault while she
was waiting for a ride home. It is absurd to say that it was not accidental on
her part. Moreover it is well settled that contract of insurance are to be
construed in favor of the insured and strictly against the insurer thus
ambiguity in the words of an insurance contact should be interpreted in favor
of the beneficiary.