Chua secured he services of a cargo surveyor to

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Unformatted text preview: e contract of insurance, the insurance company undertook to pay to the sender or her consignee the damages that may be caused to the goods shipped subject to the condition that the liability of the company will be limited to the actual loss which the insured may suffer not to the exceed the sum of P2,000. The ship arrived in Manila on September 10, 1946. The shipment was examined by C. B. Nelson and Co., marine surveyors, at the request of the plaintiff, and in their examination the surveyors found a shortage in the shipment in the amount of P1,723,12. On October 9, plaintiff filed a claim for damages in the amount of P1,723.12 against the American President Lines, agents of the ship Clovis Victory, demanding settlement. When no apparent action was taken on this claim, plaintiff demanded payment thereof from Warner, Barnes and Co., Ltd., as agent of the insurance company in the Philippines, and this agent having refused to pay the claim, on April 17, 1947, plaintiff instituted the present action. In the meantime, the American President Lines, in a letter dated November 25, 1946, agreed to pay to the plaintiff the amount of P476.17 under its liability in the bill of lading, and when this offer was rejected, the claim was finally settled in the amount of P1,021.25. As a result, the amount claimed in the complaint as the ultimate liability of the defendant under the insurance contract was reduced to P717.82 only. After trial, at which both parties presented their respective evidence, the court rendered judgment as stated in the early part of this decision. The motion for reconsideration filed by the defendant having been denied, the case was appealed to this court. ISSUE: W/N the trial court erred in holding that defendant, as agent of Westchester Fire Insurance Company of New York, United States of America, is responsible upon the insurance claim subject to the suit. HELD: YES. Counsel next contends that Warner, Barnes and Co., Ltd., is not the real party in interest against whom the suit should be brought. It is claimed that this action...
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