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Showing 73–96 of 151 articles for “insurance”

Employee vs Independent Contractor: Key Factors in Philippine Labor Law

The Supreme Court clarifies the control test distinguishing employees from independent contractors, using an insurance agent case as guide.

Estoppel by Silence in Philippine Insurance Law: When a Bank's Silence Speaks Volumes

Philippine Supreme Court ruling on estoppel by silence, bank liability for unpaid insurance premiums, and corporate veil in insurance claims.

Liability for Lost Goods: Common Carriers, Negligence, and Insurance Subrogation in the Philippines

Philippine Supreme Court ruling on common carriers' solidary liability for lost goods and insurer's subrogation rights under Article 2207.

Independent Contractor or Employee? Control in Insurance Agency Agreements

Philippine Supreme Court clarifies when an insurance agent becomes an employee, applying the four-fold test and control standard.

Supreme Court Ruling on Health Care Agreements and Documentary Stamp Tax: What It Means

The Supreme Court ruled that HMO health care agreements are not insurance contracts subject to documentary stamp tax under the National Internal Revenue Code.

Burden of Proof in Cargo Shortage Claims: Proving Loss and Valid Insurance Coverage

Philippine Supreme Court ruling on cargo shortage claims: insurer must prove actual loss and valid policy coverage to recover from carriers.

Marine Risk Note Alone Cannot Prove Subrogation: Eastern Shipping Lines v. Prudential Guarantee

Insurers must present the marine insurance policy to prove subrogation claims; a marine risk note alone is insufficient under Philippine law.

Insurance Policy Lapses Reinstatement Approval Required Before Death

A lapsed life insurance policy requires company approval during the insured's lifetime for reinstatement; payment alone is not enough.

Insurance Proceeds and Illicit Relationships: Who Gets the Benefits

Philippine Supreme Court rules on who receives life insurance proceeds when beneficiaries are children from an illicit relationship.

Missed Deadlines and Denied Probation: Understanding Appeal Periods in Philippine Law

Learn how the Supreme Court's fresh period rule affects appeal deadlines, using a landmark insurance liability case as guide.

Independent Contractor or Employee: The Four-Fold Test in Philippine Labor Law

When is an insurance agent an employee, not an independent contractor? The Supreme Court explains the four-fold test and the crucial "control test" in Tongko v. Manulife.

Mandamus and Discretionary Power: When Courts Can Compel Government Action

Explore when courts can compel government action through mandamus, using the Philippine Crop Insurance Corporation case as a guide.

Suretyship Perfected Surety Liable Despite Appeal Rejection

A surety bond is perfected upon issuance, not upon the appeal's success. Learn the Supreme Court's ruling in Quiamco v. Capital Insurance.

Fresh Period Rule and Appeal Deadlines After a Motion for Reconsideration

Explaining the fresh period rule for appeals, its retroactive effect, and why the wrong remedy still fails in Makati Insurance v. Reyes.

When a Surety Bond Cannot Be Cancelled: AFP General Insurance v. Molina on Garnishment and Labor Awards

The Supreme Court ruled that a supersedeas bond posted to perfect an employer's appeal stays valid and enforceable until the case is finally disposed of, even if premiums go unpaid.

Who Pays When Cargo Vanishes: Defining Responsibility in Shipping Losses

When a shipment disappears in a terminal, who bears the loss? The Supreme Court clarifies arrastre liability and insurance subrogation.

Healthcare Agreements vs Insurance: Understanding Documentary Stamp Tax

Philippine Supreme Court rules health maintenance organization agreements are insurance contracts subject to documentary stamp tax under the Tax Code.

Insurer's Inaction on Insurance Application: When Silence Means Approval

Supreme Court rules insurer's prolonged inaction on a group life insurance application amounts to approval, protecting insured parties from prejudice.

Pawnshop Liability Fortuitous Events Negligence AND Insurance Obligations IN Pledge Agreements

When a pawned item is lost to robbery, who bears the loss? The Supreme Court clarifies pawnshop liability, fortuitous events, and insurance duties.

Arson Proven by Circumstantial Evidence: Insurance Claims and Intent

The Supreme Court explains how circumstantial evidence, including over-insurance, can prove destructive arson beyond reasonable doubt.

Insurer's Subrogation Claim Fails: The Actionable Document Rule Explained

A Supreme Court ruling on why an insurer must present its insurance policy to recover as subrogee, and the actionable document rule.

Piercing the Corporate Veil: Name Change vs. Corporate Identity in Insurance Claim Execution

When can a judgment be enforced against a corporation that merely shares a name with the judgment debtor? The Supreme Court clarifies the distinction between a name change and corporate identity.

Suing Your Security Agency After a Robbery: The Post-Robbery Agreement Rule

When can a bank sue its security agency after a robbery? The Supreme Court explains post-robbery agreements and insurance claims.

Novation and Insurance Claims: Contractual Obligations in Secured Transactions

When a mortgaged car is carnapped, does insurance payment extinguish the loan? The Supreme Court clarifies novation rules.