Unformatted text preview: plaintiff failed and refused to deliver to defendant or to any other person authorized to receive it, any
claim in writing specifying the articles or items of property damaged or destroyed and of the alleged amount
of the loss or damage caused thereto.
That defendant was at all times ready and willing to pay, on behalf of the insurance companies by
whom said policies were issued, and to the extent for which each was proportionately liable, the actual
damage to plaintiff's goods covered by the risks insured against, upon compliance within the time limited,
with the terms of the clause of the contracts of insurance above set forth.
The court ordered that judgment be entered against Warner, Barnes & Co., Ltd., in its capacity as
agent and representative in the Philippine Islands for The China fire Insurance Company, Ltd., The
YangTsze Insurance Association, Ltd., and The State Assurance Co., Ltd., for the payment to the plaintiff,
E. Macias & Co., of the sum of P18,493.29, the amount of this judgment to be prorated by Warner, Barnes 33 & Co., among the three insurance companies abovementioned by it represented, in proportion to the
interest insured by each of said three insurance companies, according to the policies issued by them in
favor of the plaintiff, and sued upon in this action.
CA: Elevated to SC.
ISSUE: Whether or not Warner, Barnes & Co., in its capacity as agents of the insurance companies is
liable to the plaintiff for losses incurred.
The material facts are not in dispute it must be conceded that the policies in question were issued
by the different insurance companies, through the defendant as their respective agent; that they were issued
in consideration of a premium which was paid by the insured to the respective companies for the amount of
the policies, as alleged; that the defendant was, and is now, the resident agent in Manila of the companies,
and was authorized to solicit and do business for them as such agent; that each company is a foreign
corporation. The principal office and place bu...
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- Fall '14
- gutierrez hermanos, B.A. Finance Corporation