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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
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:
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
The testimony of the complainants' rebuttal witness,
rs. Trinidad Alarcon, who declared in no
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.
- Fall '14