Professional Documents
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whilst in transit (including the process of loading and
unloading) incidental to such transit by road, rail,
18. PARAMOUNT INSURANCE CORPORATION VS. SPS inland waterway, lift or elevator
REMONDEULAZ 1. The taking of Spouses Remondeulaz’s vehicle by Sales is without any
GR 173773 November 28, 2012 consent or authority from the former. Spouses Remondeulaz entrusted
Ponente: Peralta, J. possession of their vehicle only to the extent that Sales will introduce
repairs and improvements thereon, and not to permanently deprive them
FACTS of possession thereof.
1. May 26, 1994 – Spouses Remondeulaz insured with Paramount 2. Since Theft can also be committed through misappropriation, the fact
Insurance their 1994 Toyota Corolla sedan under a comprehensive motor that Sales failed to return the subject vehicle to respondents constitutes
vehicle insurance policy for one year. Qualified Theft. Sales’ act of depriving respondents of their motor vehicle
2. Within said period, car was unlawfully taken. They immediately reported at, or soon after the transfer of physical possession of the movable
the theft to the Traffic Management Command of PNP. In the complaint property, constitutes theft under the insurance policy, which is
sheet, Spouses alleged that Ricardo Sales took possession of the car to compensable.
add accessories and improvements thereon but Sales failed to return car 3. In People v. Bustinera, Court had the occasion to interpret the "theft
within the agreed threeday period. clause" of an insurance policy. In this case, the Court explained that
3. Spouses notified Paramount to claim for reimbursement of their lost when one takes the motor vehicle of another without the latter’s consent
vehicle but to no avail. even if the motor vehicle is later returned, there is theft there being
4. Spouses filed a complaint for sum of money praying for payment of intent to gain as the use of the thing unlawfully taken constitutes gain.
insured value plus damages. 4. In Malayan Insurance Co., Inc. v. Court of Appeals, this Court held that
TC: dismissed as loss of Spouses Remondeulaz’s vehicle is not a peril covered by the taking of a vehicle by another person without the permission or
the policy. authority from the owner thereof is sufficient to place it within the ambit
CA: reversed TC; TC erred in dismissing the action the ground of double recovery of the word theft as contemplated in the policy, and is therefore,
compensable.
since it is clear that the car is different from the one insured with Standard
5. Sales’ act of depriving respondents of their motor vehicle at, or soon after
Insurance Company.
the transfer of physical possession of the movable property, constitutes
ISSUES theft under the insurance policy, which is compensable.
1. WON Paramount is liable under the insurance policy for the loss of
Spouses Remondeulaz’s vehicle (YES)
2. WON the loss of the vehicle falls within the concept of the “theft clause” FALLO: WHEREFORE, the instant petition is DENIED. The Decision dated
under the insurance policy (YES) April 12, 2005 and Resolution dated July 20, 2006 of the Court of Appeals are
hereby AFFIRMED in toto.
RULING
Respondents policy clearly undertook to indemnify the insured against loss of or
damage to the scheduled vehicle when caused by theft, to wit:
SECTION III LOSS OR DAMAGE
1. The Company will, subject to the Limits of Liability, indemnify the
insured against loss of or damage to the Scheduled Vehicle and its
accessories and spare parts whilst thereon:
a. by accidental collision or overturning, or collision or
overturning consequent upon mechanical breakdown or
consequent upon wear and tear;
b. by fire, external explosion, selfignition or lightning or
burglary, housebreaking or theft;
c. by malicious act;