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    Shafer v. Judge of Olongapo

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    Shafer was involved in a car accident where he damaged property and injured a passenger. He was criminally charged for reckless driving. The passenger also filed a civil suit for damages. Shafer filed a third party complaint against his insurance company, Makati Insurance, to enforce the third party liability coverage under his policy. The trial court dismissed the case, finding it premature since Shafer had not yet been found guilty. However, the court ruled that the occurrence of injury to the third party immediately gave rise to the insurer's liability under the policy. The insurer's liability accrues upon the event causing liability, not on the recovery of a judgment against the insured.

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    Shafer v. Judge of Olongapo

    Uploaded by

    arctikmark
    285 views1 page
    Shafer was involved in a car accident where he damaged property and injured a passenger. He was criminally charged for reckless driving. The passenger also filed a civil suit for damages. Shafer filed a third party complaint against his insurance company, Makati Insurance, to enforce the third party liability coverage under his policy. The trial court dismissed the case, finding it premature since Shafer had not yet been found guilty. However, the court ruled that the occurrence of injury to the third party immediately gave rise to the insurer's liability under the policy. The insurer's liability accrues upon the event causing liability, not on the recovery of a judgment against the insured.

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    Shafer was involved in a car accident where he damaged property and injured a passenger. He was criminally charged for reckless driving. The passenger also filed a civil suit for damages. Shafer filed a third party complaint against his insurance company, Makati Insurance, to enforce the third party liability coverage under his policy. The trial court dismissed the case, finding it premature since Shafer had not yet been found guilty. However, the court ruled that the occurrence of injury to the third party immediately gave rise to the insurer's liability under the policy. The insurer's liability accrues upon the event causing liability, not on the recovery of a judgment against the insured.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    285 views1 page

    Shafer v. Judge of Olongapo

    Uploaded by

    arctikmark
    Shafer was involved in a car accident where he damaged property and injured a passenger. He was criminally charged for reckless driving. The passenger also filed a civil suit for damages. Shafer filed a third party complaint against his insurance company, Makati Insurance, to enforce the third party liability coverage under his policy. The trial court dismissed the case, finding it premature since Shafer had not yet been found guilty. However, the court ruled that the occurrence of injury to the third party immediately gave rise to the insurer's liability under the policy. The insurer's liability accrues upon the event causing liability, not on the recovery of a judgment against the insured.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Shafer v.

    Judge of Olongapo City

    Facts: This is a petition for review on certiorari. Herein petitioner Shafer obtained a private policy of CTPL from Makati Insurance Company. During the period of insurance, he met an accident and was charged with reckless imprudence resulting in damage to property and serious physical injuries and causes damage in the amount of P 12,345.00. The passenger of the Volkswagen also filed a separate civil action for damages. During the trial of the criminal case the passenger Jovencio Poblete testified on his claim for damages. Shafer then filed a third party complaint against Makati Insurance Company which was allowed by the former presiding judge of the court. Makati Insurance Co. moved to dismiss the case which was granted on the ground that it was premature. Stating that unless herein petitioner is found guilty and sentenced to pay the offended party for indemnity or damages, the complaint is without cause of action. Hence, the petition. Issue/s: WON the accused, also the third party plaintiff, has a cause of action against the third party defendant for the enforcement of its third party liability (TPL) under the insurance contract.

    Ruling: Yes, the occurrence of the injury to the third party immediately gave rise to the liability of the insurer under its policy. The liability of the insurance company under the Compulsory Motor Vehicle Liability Insurance is for loss or damage. Where an insurance policy insures directly against liability, the insurer's liability accrues immediately upon the occurrence of the injury or event upon which the liability depends, and does not depend on the recovery of judgment by the injured party against the insured.

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