PERSONAL ACADÉMICO Ver Apartado 6: Anexo 1
10. CALENDARIO DE IMPLANTACIÓN
10.2 PROCEDIMIENTO DE ADAPTACIÓN
concerned to sacrifice a part of a venture exposed to a common and imminent peril in order to save the rest, the interests so saved are compelled to contribute ratably or proportionately to the owner of the interest sacrificed, so that the cost of the sacrifice shall fall equally upon all. (Hector S. De Leon, The Law on Insurance, 2003) Q: What is Free From Particular Average Clause (FPA Clause)?
A: A clause agreed upon in a policy of marine
insurance in which it is stated that the insurer shall not be liable for a particular average.
The insurer is liable only for general average and not for particular average unless such particular average loss as the effect of depriving the insured of the possession at the port of destination of the whole of the thing insured. (Sec. 136) Q: What is the limit as to liability of insurer?
A: The liability of the insurer for any general
average loss is limited to the proportion of contribution attaching to his policy value where this is less than the contributing value of the thing insured. (Sec. 164) B. FIRE INSURANCE Q: What is fire insurance?
A: It is a contract of indemnity by which the
insurer, for a consideration, agrees to indemnify the insured against loss of or damage by fire,
lightning, windstorm, tornado or earthquake and other allied risks, when such risks are covered by
extension to fire insurance policies or under separate policies. (Sec. 167)
Note: The liability of an insurer is to pay for direct loss only. The insurer may be liable to pay for consequential losses if covered by extension to such fire policies or insured under separate policy
Q: When does alteration in the thing insured entitle the insurer to rescind?
A: In order that the insurer may rescind a contract
of fire insurance for any alteration made in the use or condition of the thing insured, the following requisites must be present:
1. The use or condition of the thing is specially limited or stipulated in the policy;
2. Such use or condition as limited by the policy is altered;
3. The alteration is made without the consent of the insurer; 4. The alteration is made by means within the control of the insured; and 5. The alteration increases the risk. Note: A contract of fire insurance is not affected by any act of the insured subsequent to the execution of the policy, which does not violate its provisions even though it increases the risk and is the cause of the loss. (Sec. 170)
Q: What are the distinctions of ocean marine and fire policies?
A:
OCEAN MARINE FIRE INSURANCE
A policy of insurance on a vessel engaged in navigation is a contract of marine insurance although it insures against fire risks only.
Where the hazard is fire alone and the subject is an unfinished vessel, never afloat for a voyage, the contract to insure is a fire risk, especially in the absence of an express agreement that it shall have the incidents of marine policy, or where it insures materials in a shipyard for use in constructing vessels.
Also where a policy insures against fire, a vessel while moored and in use as a hospital
Q: Why is the distinction between marine and fire insurance important?
A:
1. In marine insurance, the rules on constructive total loss (Secs. 131, 139) and abandonment (Sec. 138) apply but
not in fire insurance; 2. In case of partial loss of a thing insured for less than its actual value, the insured in a marine policy is a co‐insurer of the uninsured portion (Sec. 157), while the insured may only become a co‐insurer in fire insurance if expressly agreed upon by the parties. (Sec. 172)
Q: What is the measure of indemnity in open and valued policies in fire insurance?
A:
OPEN POLICIES VALUED POLICIES
The expense necessary to replace the thing lost or injured in the condition it was at the time of the injury.
The parties are bound by the valuation, in the absence of fraud.
Q: What is a co‐insurance clause?
A: It is that which requires the insured to
maintain insurance to an amount equal to the value or specified percentage of the value of the insured property under penalty of becoming co‐ insurer to the extent of such deficiency.
Note: The insured is not a co‐insurer under fire policies in the absence of stipulation.
Q: What is a fall of building clause?
A: It is that which provides, in a fire insurance
policy, that if the building or any part thereof falls, except as a result of fire, all insurance by the policy shall immediately cease.
Q: What is an option to rebuild clause?
A: It gives the insurer the option to rebuild the
destroyed property instead of paying the indemnity. This clause serves to protect the insurer against unfair appraisals friendly to the insured. (Sec. 172) C. CASUALTY INSURANCE Q: What is casualty insurance?
A: It is that which covers loss or liability arising
from accident or mishap, excluding those falling under types of insurance as fire or marine. (Sec.
174)
Q: What are the two divisions of casualty insurance?
A:
1. Accident or health insurance – Insurance against specified perils which may affect the person and/or property of the insured.
E.g. personal accident, robbery/theft insurance
2. Third party liability insurance – Insurance against specified perils which may give rise to liability on the part of the insured of claims for injuries or damage to property of others.
Q: What are some rules on “third party liability insurance”?
A:
1. Insurable interest is based on the interest of the insured in the safety of the persons, and their property, who may maintain an action against him in case of their injury or destruction respectively.
2. In a third party liability (TPL) insurance contract, the insurer assumes the obligation by paying the injured third party to whom the insured is liable. Prior payment by the insured to the third person is not necessary in order that the obligation may arise. The moment the insured becomes liable to third persons, the insured acquires an interest in the insurance contract which may be garnished like any other credit.
3. In burglary, robbery and theft insurance, the opportunity to defraud the insurer (moral hazard) is so great that insurer have found it necessary to fill up the policies with many restrictions designed to reduce the hazard. Persons frequently excluded are those in the insured’s service and employment. The purpose of the exception is to guard against liability should theft be committed by one having unrestricted access to the property.
4. Right of third party injured to sue the insurer of party at fault depends on whether the contract of insurance is intended to benefit third persons also or only the insured Q: When does the injured person have the right to sue insurer of the party at fault? A:
1. Indemnity against third party liability – injured third party can directly sue the insurer.