Rizal Surety Vs CA July 18, 2000

G.R. No. 112360. July 18, 2000.
*
RIZAL SURETY & INSURANCE COMPANY, petitioner, vs. COURT OF APPEALS AND TRANSWORLD
KNITTING MILLS, INC., respondents.
Evidence; Appeals; The Supreme Court is mindful of the well-entrenched doctrine that factual findings by the Court
of Appeals are conclusive on the parties and not reviewable by the Supreme Court.—The Court is mindful of the
well-entrenched doctrine that factual findings by the Court of Appeals are conclusive on the parties and not
reviewable by this Court, and the same carry even more weight when the Court of Appeals has affirmed the findings
of fact arrived at by the lower court.
Contracts; Insurance Law; Interpretation of Contracts; Terms in an insurance policy, which are ambiguous,
equivocal or uncertain are to be construed strictly and most strongly against the insurer.—Indeed, the stipulation as
to the coverage of the fire insurance policy under controversy has created a doubt regarding the portions of the
building insured thereby. Article 1377 of the New Civil Code provides: “Art. 1377. The interpretation of obscure
words or stipulations in a contract shall not favor the party who caused the obscurity.” Conformably, it stands to
reason that the doubt should be resolved against the petitioner, Rizal Surety Insurance Company, whose lawyer or
managers drafted the fire insurance policy contract under scrutiny. Citing the aforecited provision of law in
_______________
* THIRD DIVISION.
13
VOL. 336, JULY 18, 2000

13
Rizal Surety & Insurance Company vs. Court of Appeals
point, the Court in Landicho vs. Government Service Insurance System, ruled: “This is particularly true as regards
insurance policies, in respect of which it is settled that the ‘terms in an insurance policy, which are ambiguous,
equivocal, or uncertain x x x are to be construed strictly and most strongly against the insurer, and liberally in favor
of the insured so as to effect the dominant purpose of indemnity or payment to the insured, especially where
forfeiture is involved’ (29 Am. Jur., 181), and the reason for this is that the ‘insured usually has no voice in the
selection or arrangement of the words employed and that the language of the contract is selected with great care and
deliberation by experts and legal advisers employed by, and acting exclusively in the interest of, the insurance
company.’ (44 C.J.S., p. 1174).”
Judgments; Res Judicata; The rule on conclusiveness of judgment, which obtains under the premises, precludes the
relitigation of a particular fact or issue in another action between the same parties based on a different claim or cause
of action.—The rule on conclusiveness of judgment, which obtains under the premises, precludes the relitigation of
a particular fact or issue in another action between the same parties based on a different claim or cause of action, “x
x x the judgment in the prior action operates as estoppel only as to those matters in issue or points controverted,
upon the determination of which the finding or judgment was rendered. In fine, the previous judgment is conclusive
in the second case, only as those matters actually and directly controverted and determined and not as to matters
merely involved therein.”
Same; Same; Where a party’s insurable interest in, and compensability for the loss of certain articles had been
adjudicated, settled and sustained by the Court of Appeals and by the Supreme Court, the same can no longer be
relitigated and passed upon in another case.—The controversy at bar is on all fours with the aforecited case.
Considering that private respondent’s insurable interest in, and compensability for the loss of subject fun and
amusement machines and spare parts, had been adjudicated, settled and sustained by the Court of Appeals in CA-
G.R CV NO 28779, and by this Court in G.R. No. L-111118, in a Resolution, dated February 2, 1994, the same can
no longer be relitigated and passed upon in the present case. Ineluctably, the petitioner, Rizal Surety Insurance
Company is bound by the ruling of the Court of Appeals and of this Court that the private respondent has an
insurable interest in the aforesaid fun and amusement machines and spare parts; and should be indemnified for the
loss of the same. Rizal Surety & Insurance Company vs. Court of Appeals, 336 SCRA 12, G.R. No. 112360 July 18,
2000

Rizal Surety Vs CA July 18, 2000

Uploaded by

Copyright:

Available Formats

Rizal Surety Vs CA July 18, 2000

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rizal Surety Vs CA July 18, 2000

Uploaded by

Copyright:

Available Formats

G.R. No. 112360. July 18, 2000.

VOL. 336, JULY 18, 2000

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.