If found liable the insurer will be adjudged to pay damages Sec 250 ICP There

If found liable the insurer will be adjudged to pay

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If found liable, the insurer will be adjudged to pay damages (Sec 250, ICP) There is prima facie evidence of unreasonable delay if the insurer fails to pay any claim within the time prescribed in Sec. 248 & 249, IC. LIABILITY OF INSURER FOR REFUSAL TO PAY
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It is unlawful to: a) Present or cause to be presented any fraudulent claim for the payment of a loss under a contract of insurance; and b) Fraudulently prepare, make or subscribe any writing with intent to present or use the same, or to allow it to be presented in support of any such claim. PROHIBITED ACTS SEC 251, IC
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A written agreement between the insured and the insurer whereby after the loss the insurer will advance or loan the amount representing the loss repayable only out of money collected by the insured on account of the loss is valid. Such loan is not a payment of insurance and the insurer is not subrogated to the insured's rights. Galutera v. Maersk Line 11 SCRA 251 ADVANCEMENT OR LOAN OF MONEY BY INSURER AFTER LOSS
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After payment of loss by the insurance company, it is subrogated to the rights of the insured against third persons whose negligence or wrongful acts caused the loss. Compania Maritima v. Insurance Co. of North America 12 SCRA 213 Fireman s Fund Ins. Co. v. Jamilla & Co. Inc. 70 SCRA 323 F.F. Cruz & Co. v. CA 164 SCRA 731 The subrogated insurer cannot recover more than what the insured can recover from third persons causing the loss. RIGHT OF SUBROGATION
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The insurer is subrogated to whatever rights the insured has against his solidary debtor under Art. 1217 of the NCC which gives to a solidary debtor who has paid the entire obligation the right to be reimbursed by his co-debtors for the share which corresponds to each. Malayan Insurance Co. v. CA 165 SCRA 536 Pan Malayan Insurance Corp. v. CA 184 SCRA 54 RIGHT OF SUBROGATION
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If the insured property is destroyed or damaged through the negligence of a party other than the assured, the insurer, upon payment to the assured will be subrogated tit he rights of the assured to recover from the wrongdoer to the extent that the insurer has been obligated to pay. Coastwise Lighterage Corporation v. CA 245 SCRA 796 Cebu Shipyard & Engineering Works Inc. v. William Lines Inc. 306 SCRA 762 RIGHT OF SUBROGATION
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Location: 1071 United Nations Ave., Ermita, Manila Headed by the Insurance Commissioner The Insurance Commissioner shall be appointed by the President of the Republic of the Philippines for a term of six (6) years without reappointment and who shall serve as such until the successor shall have been appointed and qualified. (Sec 437, IC) Current Commissioner: Atty. Dennis B. Funa THE INSURANCE COMMISSION
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Sec. 437-438, ICP Administrative Powers Sec 439, ICP Adjudicative Power These sections enumerate the powers and duties of the Insurance Commissioner.
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