01 CCC Insurance Corp. v. CA

CCC Insurance Corporation v.
CA
G.R. No. L-25920
January 30, 1970
Doctrine: Construction of Insurance contracts: Liberal interpretation of the insurance policy for the benefit of the party insured,
and strictly against the insurer.
Petitioner: CCC Insurance Corporation

Respondents: Court of Appeals and Carlos F. Robes
Ponente: J. JBL Reyes
Nature of the Case: Petition for review of the decision of the Court of Appeals, affirming that of the Court of First Instance of
Rizal (Quezon City) allowing insurance indemnification of plaintiff for his damaged car and the payment of attorney's fees.
Summary:
Robes insured his car under CCC Insurance Corporation. When the car became involved in an accident, CCC Insurance disclaimed
liability on the ground that the one driving the car at the time of the incident was not an "authorized driver” under the insurance
policy contract. Reyes, the driver did not know how to read and write, and was merely able to secure a driver's license by paying a
certain person. The SC held that the issuance of the license is proof that the Motor Vehicles Office official considered Reyes qualified
to operate motor vehicles, and the insured was entitled to rely upon such license. CCC Insurance has the burden of disproving the
genuineness of the license, which the latter has failed to do. Thus, the weight of authority is in favor of a liberal interpretation of
the insurance policy for the benefit of the party insured, and strictly against the insurer.
FACTS:
 Carlos F. Robes took an insurance with the CCC Insurance Corporation on his Dodge Kingsway car, against loss or damage
through accident.
 During the effectivity of the policy, the insured vehicle, while being driven by the owner's driver, became involved in a
vehicular collision along Rizal Avenue Extension, Malabon, Rizal. The estimated repair cost was P5,300.
 As the insurance company refused either to pay for the repair or to cause the restoration of the car to its original condition,
Robes instituted a case in Rizal CFI for recovery of the repair cost, actual and moral damages, attorneys' fees and costs.
 Resisting plaintiff's claim, the insurance company disclaimed liability, alleging that there had been violation of the insurance
contract because the one driving the car at the time of the incident was not an "authorized driver."
 Judgment was rendered for the plaintiff, and defendant insurer was ordered to pay:
o the repair cost of P5,031.28;
o P150 for the hauling and impounding of the car at the repair shop;
o P2,000 as actual damages; and
o P1,000 as attorneys' fees, plus costs.
 The insurance company went to the CA, raising the questions of:
o the qualification of plaintiff's driver to operate the insured vehicle, and
o the correctness of the trial court's award of cost of repairs, actual damages and attorneys' fees.
 The CA affirmed the ruling of the lower court EXCEPT the award of actual damages of P2,000 which was eliminated on the
ground that it was too speculative.
 Not content, the insurance company filed the present petition for review.
ISSUES:
1. WON the damage to the insured car was NOT within the coverage of the insurance policy. – NO. Covered. (main)
2. WON the proceedings observed in the trial court were irregular and invalid. – NO.
RATIO
#1
CCC Insurance contends that the damage to the insured car was NOT covered by the insurance policy BECAUSE at the time of the
accident it was being driven by one who was not an authorized driver.
 Not within the purview of the following provision of the insurance policy:
AUTHORIZED DRIVER:
Any of the following:
(a) The insured;
(b) Any person driving on the Insured's order or with his permission, provided that the person driving is permitted in
accordance with licensing laws or regulations to drive the motor vehicle covered by this Policy, or has been so permitted
and is not disqualified by order of a court of law or by reason of any enactment or regulation from driving such Motor
Vehicle. (Emphasis ours)
 Domingo Reyes, the driver who was at the wheel of the insured car at the time of the accident,
o does not know how to read and write
o that he was able to secure a driver's license without passing any examination by paying P25 to a certain woman
o and that the Cavite agency of the Motor Vehicles Office has certified not having issued Reyes' purported driver's license
 This was in violation of the insurance policy provision.
SC’s answer:
 Since Reyes' purported driver's license bears all the earmarks of a duly issued license, then it is a public document,
and petitioner insurance company then has the burden of disproving its genuineness, which the latter has failed to do.
o The fact that the Cavite Agency of the Motor Vehicles Office states that Driver's License No. 271703 DP was not issued by
that office, does not remove the possibility that said office may have been mistaken or that said license was issued by
another agency.
o Also, the person who issued the Certification was not placed on the witness stand to be examined in order to determine
whether said license is indeed void.
 Moreover, as the law stood in 1961, when the claim arose, the examinations could be dispensed with in the
discretion of the Motor Vehicles Office Officials under Sec. 26 of Revised Motor Vehicles Law, Act 3992, as amended.
 Lastly, there is no proof that the owner of the automobile knew that the circumstance surrounding such issuance showed that
it was irregular.
o The issuance of the license is proof that the Motor Vehicles Office official considered Reyes, the driver of
the insured- appellee, qualified to operate motor vehicles, and the insured was entitled to rely upon such
license.
 The weight of authority is in favor of a liberal interpretation of the insurance policy for the benefit of the party insured, and
strictly against the insurer.
#2
CCC Insurance contends that the decision of the trial court was based on evidence presented to and received by the clerk of court
who acted as commissioner, although allegedly, there was no written court order constituting him as such, which is contrary to Rule
33 of the Rules of Court.
 The issue was brought up for the first time only in the MR filed in the CA. Thus it cannot be anymore raised here but only in
the trial court, where the defect could still be remedied. In effect, there was waiver by the parties.
DECISION: WHEREFORE, the decision of the CA is affirmed, with costs against appellant CCC Insurance Corporation.

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CCC Insurance Corporation v.

Petitioner: CCC Insurance Corporation

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