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FACTS:
Case Digests
William Lines, Inc. brought its vessel M/V Manila City to the Cebu
Chapter News
Shipyard and Engineering Works, Inc (CSEW) in Lapulapu City for
Uncategorized annual dry-docking and repair. Subject vessel was insured with
Prudential Guarantee for P45,000,000.00 for hull and machinery. The
Hull Policy included an “Additional Perils” clause covering loss of or
Recent Posts damage to the vessel through the negligence of, among others, ship
filed a complaint for damages against CSEW, alleging that the fire
Eurotech
which broke out in M/V Manila City was caused by CSEW’s
Industrial
negligence and lack of care. An amended complaint, impleading
Technologies,
Prudential Guarantee as co-plaintiff, was filed after the latter had paid
Inc. v. Cuizon
William Lines, Inc. the value of the hull and machinery insurance of
Copyright © 2017 - 2020 IBP Zamboanga del Norte Chapter. All rights
M/V Manila City. RTC ruled that the cause of theConnect
fire waswith
through
us the
Manila Remnant
reserved.
negligence of CSEW. CA affirmed the appealed decision.
Co., Inc. v. Court
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5/7/2020 Cebu Shipyard and Engineering Works, Inc. v. William Lines – IBP Zamboanga del Norte Chapter
of Appeals ISSUE:
Bedia v. White Whether or not Prudential has the right of subrogation against its own
insured.
Whether or not the parties intended for them to be a co-assured in
Recent Comments the insurance policy.
Marjorie RULING:
Mejorada-
ZN law grad Guarantee to William Lines, the former was subrogated to the right of
pass 2017 Bar the latter to indemnification from CSEW. Thus, when Prudential, after
Exam due verification of the merit and validity of the insurance claim of
William Lines, paid the latter the total amount covered by its
Prescription on insurance policy, it was subrogated to the right of the latter to recover
IBP-ZN joins the insured loss from CSEW, the liable party.
community
A stipulation in the work order that requires William Lines to maintain
outreach in Jose
Dalman insurance on the vessel during the period of dry-docking or repair,
works to the benefit of CSEW. However, the fact that CSEW benefits
Ronald on from the said stipulation does not automatically make it as a co-
Salient features assured of William Lines. The hull and machinery insurance procured
of the Revised by William Lines, Inc. from Prudential named only “William Lines,
Guidelines for Inc.” as the assured. Thus, when the insurance policy involved
Continuous Trial named only William Lines, Inc. as the assured thereunder, the claim
of Criminal of CSEW that it is a co-assured is unfounded.
Cases
*Case digest by Princess Dianne Kris S. Decierdo, LLB-IV, Andres
IBP-
ZN
joins
comm
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Salien
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May 24th, 2017
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