BENITEZ MONTILLA SAN ANDRES SIA - UYSON

Lopez vs Del Rosario

GR NO. L-19189 November 27, 1922
En Banc J. Malcolm


Facts:

Del Rosario is the owner of a warehouse where the copras of Lopez were
deposited. Del Rosario issued warehouse receipts in the name of Lopez and a
certain Zamora. One of the conditions of the warehouse receipt provides that
the goods will be insured. Del Rosario secured insurance on the warehouse and
its contents.

The warehouse and its contents were destroyed by fire. The warehouse was a
total loss.

Lopez is now claiming for the value of his copras deposited in Del Rosarios
warehouse. Del Rosario failed to settle the amount claimed by Lopez.


Issue:

WON Del Rosario acted as agent of Lopez in taking out insurance on the
contents of the warehouse and is liable for the amount claimed by Lopez.


Ruling:

Yes, Del Rosario acted as agent and is liable for the amount claimed by Lopez.

x x x The law is that a policy effected by bailee and covering by its terms his
own property and property held in trust; insures, in the event of loss, equally
and proportionately to the benefit of all the owners of the property insured.
Even if one secured insurance covering his own goods and goods stored with
him, and even if the owner of the stored goods did not request or know of the
insurance, and did not ratify it before the payment of the loss yet it has been
held by a reputable court that the warehouseman is liable to the owner of such
stored goods for his share.