Enriquez v. SunLife- Insurance Policy.

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Enriquez v. SunLife-
Insurance Policy
Law On Insurance

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Enriquez v.
SunLife-
Insurance Policy
41 PHIL 269
Facts:
> On Sept. 24 1917, Herrer made an application to
SunLife through its oce in Manila for life annuity.

> 2 days later, he paid the sum of 6T to the

companys anager in its Manila oce and was given
a receipt.

> On Nov. 26, 1917, the head oce gave notice of

acceptance by cable to Manila. On the same date,
the Manila oce prepared a letter notifying Herrer
that his application has been accepted and this was
placed in the ordinary channels of transmission, but
as far as known was never actually mailed and
never received by Herrer.

> Herrer died on Dec. 20, 1917. The plainti as

administrator of Herrers estate brought this action to
recover the 6T paid by the deceased.

Issue:

Whether or not the insurance contract was perfected.

Held:
NO.
The contract for life annuity was NOT perfected
because it had NOT been proved satisfactorily that
the acceptance of the application ever came to the
knowledge of the applicant. An acceptance of an
oer of insurance NOT actually or constructively
communicated to the proposer does NOT make a
contract of insurane, as the locus poenitentiae is
ended when an acceptance has passed beyond the
control of the party.

NOTE: Life annuity is the opposite of a life insurance.

In life annuity, a big amount is given to the insurance
company, and if after a certain period of time the
insured is stil living, he is entitled to regular smaller
amounts for the rest of his life. Examples of Life
annuity are pensions. Life Insurance on the other
hand, the insured during the period of the coverage
makes small regular payments and upon his death,
the insurer pays a big amount to his beneficiaries.
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