This case has been cited 1 times or more.
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2009-09-11 |
MENDOZA, J. |
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| The importance of the presentation of the Marine Insurance Policy was also emphasized in Wallem Philippines Shipping, Inc. v. Prudential Guarantee & Assurance, Inc.,[34] where this Court ruled: x x x Wallem still cannot be held liable because of the failure of Prudential to present the contract of insurance or a copy thereof. Prudential claims that it is subrogated to the rights of GMC pursuant to their insurance contract. For this purpose, it submitted a subrogation receipt (Exh. J) and a marine cargo risk note (Exh. D). However, as the trial court pointed out, this is not sufficient. As GMC's subrogee, Prudential can exercise only those rights granted to GMC under the insurance contract. The contract of insurance must be presented in evidence to indicate the extent of its coverage. As there was no determination of rights under the insurance contract, this Court's ruling in Home Insurance Corporation v. Court of Appeals is applicable: | |||||