AgencyDPFebruary32014

Reyes indicating that he received a copy of the

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Unformatted text preview: or P200,00.00 each, one for P50,000.00 and another for P40,00.00, payable to the order of complainants­appellees. These checks were released to the treasurer of PMSI upon instructions of 
 pt. Ca Nuval over the phone to Mr. Mariano Urbano, Assistant Department Manager for Group Administration Department of respondent­appellant (Insular). Capt. Nuval, upon receipt of these checks from the treasurer, who happened to be his son­in­law, endorsed and deposited them in his account with the Commercial Bank of Manila, now Boston Bank. 45 After complainants­appellees learned that they were entitled, as beneficiaries, to life insurance benefits under a group policy with respondent­appellant (Insular), they sought to recover these benefits from Insular Life but the latter denied their claim on the ground that the liability to complainants­appellees was already extinguished upon delivery to and receipt by PMSI of the six (6) checks issued in their names. Insurance Commission: Insular Life was ordered to pay and settle the claims of DINA AYO and LUCIA LONTOK. The Commission finds that: 1. The respondent (Insular) erred in appreciating that the powers of attorney executed by five (5) of the several beneficiaries convey absolute authority to Capt. Nuval, to demand, receive, receipt and take delivery of insurance proceeds from respondent Insular Life. A cursory reading of the questioned powers of authority would disclosed [sic] that they do not contain in unequivocal and clear terms authority to Capt. Nuval to obtain, receive, receipt from respondent company insurance proceeds arising from the death of the seaman­insured. On the contrary, the said powers of attorney are couched in terms which could easily arouse suspicion of an ordinary 
an. m 2. The testimony of the complainants' rebuttal witness, 
rs. Trinidad Alarcon, who declared in no M uncertain terms that neither she nor her husband, executed a special power of attorney in favor of Captain Rosendo Nuval, authorizing him to claim, receive, re...
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This document was uploaded on 03/11/2014.

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