AgencyDPFebruary32014

in catarman was stolen by the insurgent forces that

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Unformatted text preview: d; that when, on May 10, 1900, this latter pueblo was destroyed by fire Oria Hermanos & Co. lost all its stocks there and could not collect the insurance of P32,000 on the said property, which, through the fault, negligence, and omission of Gutierrez Hermanos had not been insured. This amount last mentioned, added to the premiums, expenses, and interest paid by Oria Hermanos & Co. aggregates the sum of P63,700, payment of which defendant demanded of plaintiff. SC: Even though Gutierrez Hermanos had increased the value of the insurance on the hemp and merchandise in Catubig through means of ordinary fire insurance, pursuant to the instructions given by Molleda & Oria, the predecessors of Oria Hermanos & Co. and whose rights this latter firm represents, the same result would have followed, inasmuch as in this class of insurance the insuring company does not assume risks for fires and damages caused by war, riot, and military force; and as in the official letter aforementioned plaintiff was not authorized to increase the insurance through means of a war insurance policy, it is unquestionable that plaintiff, in not increasing the ordinary insurance. proceeded in a prudent and reasonable manner and for the benefit of the defendant by saving the latter from uselessly paying an important premium for an insurance which it afterwards could not have collected. Furthermore, the news was already disseminated in Manila that the pueblo of Catubig had been completely burned to the ground. Not only, therefore, would it have been impossible to obtain the increase of an ordinary insurance, but even a war insurance, though offering to pay a large and excessive premium. ­­ ABSOLVED Third Counterclaim: It is alledged that the firm of Gutierrez Hermanos, complying with orders from Oria Hermanos, & Co., insured against all war risks, in a certain insurance company of London, England, whose agent in the Philippine Islands was Stevenson & Co., the stock of hemp which the defendant company had in the pueblo of Catarman, Samar, for 3,000 pounds sterling, and paid the premiu...
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