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Finman General Vs Court of Appeals

Finman General Asurance Corporation vs Court of Appeals concerned an insurance policy held by Carlie Surposa. When Surposa died from stab wounds inflicted by unknown assailants, the insurance company denied the claim of Surposa's beneficiaries, arguing that murder and assault were not covered. The Court of Appeals ruled in favor of the beneficiaries, finding that Surposa's death was accidental. The Supreme Court affirmed, noting that insurance contracts are interpreted in favor of the insured and beneficiary. It could not be said that Surposa knew she would die from assault that day.
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0% found this document useful (0 votes)
143 views1 page

Finman General Vs Court of Appeals

Finman General Asurance Corporation vs Court of Appeals concerned an insurance policy held by Carlie Surposa. When Surposa died from stab wounds inflicted by unknown assailants, the insurance company denied the claim of Surposa's beneficiaries, arguing that murder and assault were not covered. The Court of Appeals ruled in favor of the beneficiaries, finding that Surposa's death was accidental. The Supreme Court affirmed, noting that insurance contracts are interpreted in favor of the insured and beneficiary. It could not be said that Surposa knew she would die from assault that day.
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Finman General Asurance Corporation vs Court of Appeals

GR No. 100970, September 2 1992

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.

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