Vda. De Maglana v. Consolacion 212 SCRA 268 Romero,J.

; FACTS: Lope Maglana met an accident while driving a motorcycle owned by Bureau of Customs which resulted to his death. The jeep in which his motorcycle collided was operated and owned by Destrajo. His widow filed an action for damages against Destrajo and AFISCO Insurance Corporation. The RTC held AFISCO to be secondarily liable for the awarded damages. Petitioner asserted the lower courts decision and provided that the Insurance Code expressly provides that the insurers liability is direct and primary and or jointly and severally with the operator of the vehicle. ISSUE: Whether or not the insured is solidarily liable with Destrajo. HELD: No. The liability of the inusred is primary and direct but not solidarily with Destrajo. Where the insurer directly insures liability, the liability accrues immediately upon the concurrence of the injury or even upon which the liability depends and does not depend on the recovery of the judgment by the injured party against the insured, Therefore, the insurers liability is direct and primary, but its liability is only up to the extent of the amount insured.