Professional Documents
Culture Documents
- Fernandez insured his car for "own damage" with P. Then, the car
figured in an accident and suffered actual damages in the amount of
P3,640.00.
- After allegedly being given a run around by Zenith for 2 months,
Fernandez filed a complaint with the RTC of Cebu for sum of money and
damages resulting from the refusal of Zenith to pay the amount claimed.
- Pre-trial was scheduled but was later on terminated.
- Fernandez presented his evidence. P, however, failed to present its
evidence in view of its failure to appear in court, without justifiable reason,
on the day scheduled for the purpose.
- P filed a petition for certiorari with the CA but was denied.
- MR was denied for lack of merit. Hence, this case.
Ps contention: It offered to pay the claim of Fernandez pursuant to the
terms and conditions of the contract but he rejected.
RTC: In favor of Fernandez with award of damages.
Issue: WON the propriety of the award of moral damages, exemplary
damages and attorney's fees was valid?
Held:
Yes. The award of damages in case of unreasonable delay in the
payment of insurance claims is governed by the Philippine Insurance
Code.
Sec. 244. In case of any litigation for the enforcement of any policy or
contract of insurance, it shall be the duty of the Commissioner or the