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    Almendras Mining Corporation Vs

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    mamp05
    1) Almendras Mining Corporation filed an insurance claim with Bankers after its cargo vessel was damaged during a typhoon. Bankers agreed to replace the damaged engines but Almendras disagreed that the proposed replacement engine was suitable. 2) The Insurance Commissioner terminated hearings on the dispute and required Bankers to submit an answer. Almendras also filed a separate civil case. 3) The Commissioner dismissed Almendras' complaint, finding the delay in repairs was due to Almendras insisting on a cash settlement rather than engine replacement. Almendras appealed to the Supreme Court.

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    Almendras Mining Corporation Vs

    Uploaded by

    mamp05
    238 views1 page
    1) Almendras Mining Corporation filed an insurance claim with Bankers after its cargo vessel was damaged during a typhoon. Bankers agreed to replace the damaged engines but Almendras disagreed that the proposed replacement engine was suitable. 2) The Insurance Commissioner terminated hearings on the dispute and required Bankers to submit an answer. Almendras also filed a separate civil case. 3) The Commissioner dismissed Almendras' complaint, finding the delay in repairs was due to Almendras insisting on a cash settlement rather than engine replacement. Almendras appealed to the Supreme Court.

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    1) Almendras Mining Corporation filed an insurance claim with Bankers after its cargo vessel was damaged during a typhoon. Bankers agreed to replace the damaged engines but Almendras disagreed that the proposed replacement engine was suitable. 2) The Insurance Commissioner terminated hearings on the dispute and required Bankers to submit an answer. Almendras also filed a separate civil case. 3) The Commissioner dismissed Almendras' complaint, finding the delay in repairs was due to Almendras insisting on a cash settlement rather than engine replacement. Almendras appealed to the Supreme Court.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    238 views1 page

    Almendras Mining Corporation Vs

    Uploaded by

    mamp05
    1) Almendras Mining Corporation filed an insurance claim with Bankers after its cargo vessel was damaged during a typhoon. Bankers agreed to replace the damaged engines but Almendras disagreed that the proposed replacement engine was suitable. 2) The Insurance Commissioner terminated hearings on the dispute and required Bankers to submit an answer. Almendras also filed a separate civil case. 3) The Commissioner dismissed Almendras' complaint, finding the delay in repairs was due to Almendras insisting on a cash settlement rather than engine replacement. Almendras appealed to the Supreme Court.

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    of 1

    ALMENDRAS MINING CORPORATION vs.

    OFFICE OF THE INSURANCE COMMISSION 160 scra 656 Facts: Marine cargo vessel Don Paulo from Davao to Mariveles, Bataan, was forced ground somewhere in the vicinity of Sogod, Tablas Island, Romblon after having been hit by strong winds and tidal waves brought about by a tropical typhoon. Almendras Mining Corporation owner of the vessel filed the corresponding Marine Protest.Immediately following the marine casualty, Bankers, the insurer of the vessel responded to the claim.At the initial hearings on Administrative Case held before the Commission,Bankers agreed to replace the four (4) damaged engines with one (1) brand new engine and three (3) reconditioned engines. This entailed a total additional cost of P3,000,000.00, seventy percent (70%) of which Bankers had previously obligated itself, as insurer, to shoulder. For its part, Almendras agreed to pay a thirty percent (30%) share in the cost, but only after it had inspected one of the proposed replacement engines a brand new Caterpillar marine engine which petitioner had claimed was not a suitable replacement for the vessel's damaged main engine. Inspection of the Caterpillar engine took place.However, Almendras, reiterating its claim that the proposed Caterpillar engine was not at par with the vessel's original but damaged main engine, demanded instead cash settlement of its insurance claim. This unexpected turn of events moved the Insurance Commissioner to terminate the hearing then in progress and to require Bankers to submit its Answer to the complaint.Meanwhile, Almendras filed a separate civil action for damages with the Regional Trial Court of Pasay City. Thereafter the Commission, dismissed Almendras' complaint. It was found that failure to settle promptly and expeditiously the insurance claim was attributable to the own act of the insured insisting on cash settlement thereof, even after the parties had already agreed upon outright replacement of the vessel's damaged engine and assuming there was a delay in the repair of the vessel nevertheless, there was nothing in the record of the case to show that such delay was unreasonable or was the result of any unfair claim settlement practice as defined under the Insurance Code, as amended as would warrant revocation or suspension of private respondent's Certificate of Authority. Almendras' Motion for Reconsideration was denied for lack of merit by the Commission hence this petition by way of certiorari to the Supreme Court. Issue: Whether the appeal to the Supreme Court by way of petition for certiorari from a decision made by the insurance commissioner is proper Ruling: No. According to the supreme court the Court has no jurisdiction to try and decide the instant Petition, the proper remedy is to appeal from the commissioner to the secretary of finance. Section 414 of the Insurance Code, as amended states that the Insurance Commissioner shall have the duty to see that all laws relating to insurance, insurance companies and other insurance matters, mutual benefit associations, and trusts for charitable uses are faithfully executed and to perform the duties imposed upon him by this Code, and shall, not withstanding any existing laws to contrary, have sole and exclusive authority to regulate the issuance and sale of variable contracts as defined in section two hundred thirty-two and to provide for the licensing of persons selling such contracts, and to issue such reasonable rules and regulations governing the same.The Commissioner may issue such rulings, instructions, circulars, orders and decisions as he may deem necessary to secure the enforcement of the provisions of this Code, subject to the approval of the Secretary of Finance. Except as otherwise specified decisions made by the Commissioner shall be appealable to the Secretary of Finance.

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