General average Archives

Jarque vs. Smith Bell & Co. [November 11, 1930]

In Jarque vs. Smith Bell & Co., the Supreme Court ruled that an insurer is liable for general average contributions, even if the policy covers only “absolute total loss.” The Court emphasized that such liability arises from a quasi-contract implied by law, benefiting all parties with an interest in the vessel or cargo.

Philippine Home Assurance Corp. vs. Court of Appeals and Eastern Shipping Lines, Inc. [June 20, 1996]

Leave a Comment / Case Digests, Commercial Law, Insurance Law / amicusph

In Philippine Home Assurance Corp. v. Court of Appeals and Eastern Shipping Lines, Inc., the Philippine Supreme Court held that a carrier is liable for damages to cargo caused by fire if the fire resulted from the carrier’s negligence. The Court emphasized that fire is not considered a natural disaster exempting the carrier from liability, especially when negligence is involved.

Philippine Home Assurance Corp. vs. Court of Appeals and Eastern Shipping Lines, Inc. [June 20, 1996] Read More »