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    New World v. NYK Fil Japan

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    Marionnie Sabado
    1) New World International Development bought three generator sets for $721,500 that were damaged during shipping. They made an insurance claim with SeaboardEastern Insurance Company. 2) Seaboard denied the claim, but the court found that the damage was covered under the all-risk insurance policy. 3) Because Seaboard did not pay the claim within the required time limits, the court ruled they must pay interest on the claim amount at twice the legal rate as well as attorney's fees and expenses to New World.

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    New World v. NYK Fil Japan

    Uploaded by

    Marionnie Sabado
    215 views2 pages
    1) New World International Development bought three generator sets for $721,500 that were damaged during shipping. They made an insurance claim with SeaboardEastern Insurance Company. 2) Seaboard denied the claim, but the court found that the damage was covered under the all-risk insurance policy. 3) Because Seaboard did not pay the claim within the required time limits, the court ruled they must pay interest on the claim amount at twice the legal rate as well as attorney's fees and expenses to New World.

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    New World v. NYK Fil Japan

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    1) New World International Development bought three generator sets for $721,500 that were damaged during shipping. They made an insurance claim with SeaboardEastern Insurance Company. 2) Seaboard denied the claim, but the court found that the damage was covered under the all-risk insurance policy. 3) Because Seaboard did not pay the claim within the required time limits, the court ruled they must pay interest on the claim amount at twice the legal rate as well as attorney's fees and expenses to New World.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    215 views2 pages

    New World v. NYK Fil Japan

    Uploaded by

    Marionnie Sabado
    1) New World International Development bought three generator sets for $721,500 that were damaged during shipping. They made an insurance claim with SeaboardEastern Insurance Company. 2) Seaboard denied the claim, but the court found that the damage was covered under the all-risk insurance policy. 3) Because Seaboard did not pay the claim within the required time limits, the court ruled they must pay interest on the claim amount at twice the legal rate as well as attorney's fees and expenses to New World.

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    © All Rights Reserved
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    Sabado

    6. New World International Development v. NYK-FILJAPAN Shipping Corp

    New World International Development (Phils.) v. Nyk-Filjapan Shipping Corp., Lep Profit
    International, Inc. (Ord), Lep International Philippines, Inc., Dmt Corp., Advatech Industries, Inc.,
    Marina Port Services, Inc., Serbros Carrier Corporation, And Seaboard-Eastern Insurance Co.,
    Inc.,

    Insurer: SeaboardEastern Insurance Company


    Insured: Three emergency generator sets worth US$721,500.00
    Beneficiary: New World International Development (Phils.)

    DOCTRINE: Section 241 of the Insurance Code provides that no insurance company doing
    business in the Philippines shall refuse without just cause to pay or settle claims arising under
    coverages provided by its policies. And, under Section 243, the insurer has 30 days after proof of
    loss is received and ascertainment of the loss or damage within which to pay the claim. If such
    ascertainment is not had within 60 days from receipt of evidence of loss, the insurer has 90 days
    to pay or settle the claim. And, in case the insurer refuses or fails to pay within the prescribed
    time, the insured shall be entitled to interest on the proceeds of the policy for the duration of delay
    at the rate of twice the ceiling prescribed by the Monetary Board.

    FACTS: Petitioner New World bought from DMT Corporation (DMT) through its agent, Advatech
    Industries, Inc. (Advatech) three emergency generator sets worth US$721,500.00. DMT shipped
    the generator sets by truck from Wisconsin, United States, to LEP Profit International, Inc. (LEP
    Profit) in Chicago, Illinois. From there, the shipment went by train to Oakland, California, where it
    was loaded on S/S California Luna V59, owned and operated by NYK Fil-Japan Shipping
    Corporation (NYK) for delivery to petitioner New World in Manila.

    NYK issued a bill of lading, declaring that it received the goods in good condition. NYK unloaded
    the shipment in Hong Kong and transshipped it to S/S ACX Ruby V/72 that it also owned and
    operated. On its journey to Manila, however, ACX Ruby encountered typhoon Kadiang whose
    captain filed a sea protest on arrival at the Manila South Harbor on October 5, 1993 respecting
    the loss and damage that the goods on board his vessel suffered.

    Marina Port Services, Inc. (Marina), the Manila South Harbor arrastre or cargo-handling operator,
    received the shipment on October 7, 1993. Upon inspection of the three container vans separately
    carrying the generator sets, two vans bore signs of external damage while the third van appeared
    unscathed. The shipment remained at Pier 3s Container Yard under Marina’s care pending
    clearance from the Bureau of Customs. Eventually, on October 20, 1993 customs authorities
    allowed petitioners customs broker, Serbros Carrier Corporation (Serbros), to withdraw the
    shipment and deliver the same to petitioner New Worlds job site in Makati City. An examination
    of the three generator sets in the presence of petitioner New Worlds representatives, Federal
    Builders (the project contractor) and surveyors of petitioner New Worlds insurer,
    SeaboardEastern Insurance Company (Seaboard), revealed that all three sets suffered extensive
    damage and could no longer be repaired.

    For these reasons, New World demanded recompense for its loss from respondents NYK, DMT,
    Advatech, LEP Profit, LEP International Philippines, Inc. (LEP), Marina, and Serbros. While LEP
    and NYK acknowledged receipt of the demand, both denied liability for the loss.
    ISSUE: Whether petitioner is entitled to the claim including interests in the delay of the release
    of such claim

    RULING: YES. The marine open policy that Seaboard issued to New World was an all-risk policy.
    Such a policy insured against all causes of conceivable loss or damage except when otherwise
    excluded or when the loss or damage was due to fraud or intentional misconduct committed by
    the insured. The policy covered all losses during the voyage whether or not arising from a marine
    peril.

    Here, the policy enumerated certain exceptions like unsuitable packaging, inherent vice, delay in
    voyage, or vessels unseaworthiness, among others. But Seaboard had been unable to show that
    petitioner New Worlds loss or damage fell within some or one of the enumerated exceptions.

    Seaboard cannot pretend that the above documents are inadequate since they were precisely
    the documents listed in its insurance policy. Being a contract of adhesion, an insurance policy is
    construed strongly against the insurer who prepared it. The Court cannot read a requirement in
    the policy that was not there.

    Section 241 of the Insurance Code provides that no insurance company doing business in the
    Philippines shall refuse without just cause to pay or settle claims arising under coverages provided
    by its policies. And, under Section 243, the insurer has 30 days after proof of loss is received and
    ascertainment of the loss or damage within which to pay the claim. If such ascertainment is not
    had within 60 days from receipt of evidence of loss, the insurer has 90 days to pay or settle the
    claim. And, in case the insurer refuses or fails to pay within the prescribed time, the insured shall
    be entitled to interest on the proceeds of the policy for the duration of delay at the rate of twice
    the ceiling prescribed by the Monetary Board.

    Notably, Seaboard already incurred delay when it failed to settle petitioner New Worlds claim as
    Section 243 required. Under Section 244, a prima facie evidence of unreasonable delay in
    payment of the claim is created by the failure of the insurer to pay the claim within the time fixed
    in Section 243.

    Consequently, Seaboard should pay interest on the proceeds of the policy for the duration of the
    delay until the claim is fully satisfied at the rate of twice the ceiling prescribed by the Monetary
    Board. The term ceiling prescribed by the Monetary Board means the legal rate of interest of 12%
    per annum provided in Central Bank Circular 416, pursuant to Presidential Decree 116. Section
    244 of the Insurance Code also provides for an award of attorney’s fees and other expenses
    incurred by the assured due to the unreasonable withholding of payment of his claim.

    DISPOSITIVE: WHEREFORE, petition is DENIED.

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