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Unformatted text preview: unfortunate happening was reported to the B.A. Finance Corporation and to the insurer. The Cuadys asked the B.A. Finance Corporation to consider the same as a total loss, and to claim from the insurer the face value of the car insurance policy and apply the same to the payment of their remaining account and give them the surplus thereof, if any. But instead of heeding the request of the Cuadys, B.A. Finance Corporation prevailed upon the former to just have the car repaired. Not long thereafter, however, the car bogged down. The Cuadys wrote B.A. Finance Corporation requesting the latter to pursue their prior instruction of enforcing the total loss provision in the insurance coverage. When B.A. Finance Corporation did not respond favorably to their request, the Cuadys stopped paying their monthly installments on the promissory note. In view of the failure of the Cuadys to pay the remaining installments on the note, B.A. Finance Corporation sued them for the recovery of the said remaining installments. Counsel for the petitioner filed a motion for postponement since the "handling" counsel was temporarily assigned elsewhere. Said motion was denied by the trial court. At the date of hearing, the trial court allowed private respondents to adduce evidence ex­parte in the form of an affidavit to be sworn to before any authorized officer. B.A. Finance Corporation filed a motion for reconsideration of the order of the trial court denying its motion for postponement. Said motion was granted. B.A. Finance Corporation, however, never complied with the above­mentioned order, paving the way for the trial court dismissed the case. On appeal, the CA affirmed the decision of the trial court. B.A. Finance Corporation moved for reconsideration but motion was denied. 3 ISSUE: WON B.A. Finance Corporation waived its right to collect the unpaid balance of the Cuady spouses on the promissory note for its failure to enforce the total loss provision in the insurance coverage of the vehicle su...
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This document was uploaded on 03/11/2014.

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