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MALAYAN Vs CA AND LACSON

Aurelio Lacson's Toyota Land Cruiser was insured with Malayan Insurance. He brought it to a shop for repairs and the shop employees took the vehicle without permission. One of the employees, Rogelio Mahinay, was driving the vehicle when it got into an accident. Malayan Insurance refused to pay Aurelio's claim, arguing the driver was not licensed. The court ruled that the unauthorized taking of the vehicle constituted theft under the insurance policy, so Malayan Insurance had to pay Aurelio's claim. Bacolod IFC also had a small financial interest in the vehicle but did not join the lawsuit, likely because their small stake was not worth intervening over Aurelio's much larger claim.

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Henry Balteza
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72 views2 pages

MALAYAN Vs CA AND LACSON

Aurelio Lacson's Toyota Land Cruiser was insured with Malayan Insurance. He brought it to a shop for repairs and the shop employees took the vehicle without permission. One of the employees, Rogelio Mahinay, was driving the vehicle when it got into an accident. Malayan Insurance refused to pay Aurelio's claim, arguing the driver was not licensed. The court ruled that the unauthorized taking of the vehicle constituted theft under the insurance policy, so Malayan Insurance had to pay Aurelio's claim. Bacolod IFC also had a small financial interest in the vehicle but did not join the lawsuit, likely because their small stake was not worth intervening over Aurelio's much larger claim.

Uploaded by

Henry Balteza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MALAYAN INSURANCE vs CA and LACSON

FACTS:
Aurelio Lacson ,owner of a Toyota NP Land Cruiser, Model 1972, bearing
Plate No. NY-362 and with engine Number F-374325 insured with Malayan
Insurance Co
Dec. 1, 1975: Aurelio brought it to the shop of Carlos Jamelo for repair
Dec. 2, 1975: Rogelio Mahinay, together with Johnny Mahinay, Rogelio
Macapagong and Rogelio Francisco took and drove the Toyota Land Cruiser
and it met an accident with Bo
Carlos reported the incident to the police and instituted a criminal case for
Qualified Theft against his employees
Rogelio Mahinay pleaded guilty and was convicted of theft
Aurelio was not allowed to claim on the ground that the claim is not
covered by the policy inasmuch as the driver of the insured vehicle at the
time of the accident was not a duly licensed driver

ISSUE: W/N the taking of the vehicle by another person without


permission or authority from the owner or person-in-charge
thereof is sufficient to place it within the ambit of the word theft
in the policy
RULING:
The damages therefore were sustained in the course of the unlawful taking
Bacolod IFCs interest in the insured vehicle was in the amount of
P2,000.00 only compared to plaintiff's P26,000.00 it is well to presume
that Bacolod IFC did not deem it wise to be impleaded as party-plaintiff in
this case. This inaction on the part of BIFC will only show that it was not
really interested to intervene.
KEY CONCEPTS:
The damages therefore were sustained in the course of the unlawful taking
Bacolod IFCs interest in the insured vehicle was in the amount of
P2,000.00 only compared to plaintiff's P26,000.00 it is well to presume
that Bacolod IFC did not deem it wise to be impleaded as party-plaintiff in
this case. This inaction on the part of BIFC will only show that it was not
really interested to intervene.

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