Qua Chee Gan v.

Law Union and Rock Insurance (GR L- 4611 17 December 1955) Case Digest

Qua Chee Gan v. Law Union and Rock Insurance

Qua Chee Gan owns four warehouses in Albay. He was using these warehouses to house
crops like copra and hemp. All warehouses were insured by Law Union and Rock Insurance
for the amount of P370,000.00. The insurance states that Qua Chee Gan should install 11
hydrants in the warehouses premises. Qua Chee Gan installed only two, but Law Union
nevertheless went on with the insurance policy and collected premiums from Qua Chee Gan.
The insurance contract also provides that oil should not be stored within the premises of the
warehouses.
In 1940, three of the warehouses were destroyed by fire. The damage caused amounted to
P398k. Qua Chee Gan demanded insurance pay from Law Union but the latter refused as it
alleged that after investigation from their part, they found out that Qua Chee Gan caused the
fire. Law Union in fact sued Qua Chee Gan for Arson.
Qua Chee Gan was acquitted in the arson case. He then demanded that Law Union pay up.
This time, Law Union averred that the insurance contract is void because Qua Chee Gan
failed to install 11 hydrants; and that gasoline was found in one of the warehouses.
ISSUE: Whether or not the insurance contract is void.
HELD: No. Law Union cannot exempt itself from paying Qua Chee Gan because it is
estopped from invoking the same. It is a well settled rule of law that an insurer which with
knowledge of facts entitling it to treat a policy as no longer in force, receives and accepts a
premium on the policy, estopped to take advantage of the forfeiture.
Also, gasoline is not one of those items specifically prohibited from the premises of the
warehouses. What was mentioned was the word oil which could mean anything (from palm
oil to lubricant and not gasoline or kerosene). This ambiguity is to be interpreted against Law
Union because a contract of insurance is a contract of adhesion. Further, oil is incidental to
Qua Chee Gans business, it being used for motor fuel.