1. The insurer was made to pay the insured for a loss covered by the insurance contract, such insurer canrun after the third person who caused the loss through subrogation. What is the basis for conferring the right of subrogation to the insurer?a. Their express stipulation in the contract of insurance.b. The insureds endorsement of its claim to the insurer.c. The equitable assignment that results from the insurers payment of the insured.d.The insureds formal assignment of his right to indemnification to the insurer.. ! "hipping, #o., insured its vessel $% &on Teodoro for 'hp1(( $illion with )*# +nsurance, #o. through T, an agent of ! "hipping. &uring a voyage, the vessel accidentally caught fire and suffered damages estimated at 'hp,( $illion. T personally informed )*# +nsurance that ! "hipping was abandoning the ship. -ater, )*# insurance denied ! "hippings claim for loss on the ground that a notice of abandonment through its agent was improper. +s )*# +nsurance right?a. .es, since ! "hipping should have ratified its agents action.b. /o, since in the first place, the damage was more than 0 of the ship1s value.c. .es, since only the agent of ! "hipping relayed the fact of abandonment.d. /o, since T, as agent of ! "hipping who procured the insurance, can also give notice of abandonment for his principal.2. )n insured, who gains 3nowledge of a material fact already after the effectivity of the insurance policy, is not obliged to divulge it. The reason for this is that the test of concealment of material fact is determineda. at any time before the policy becomes effective.b. at the time of the payment of the premium.c. at any time before the payment of premium.d. at the time of the issuance of the policy4. 5or a constructive total loss to exist in marine insurance, it is required that the person insured relinquishhis interest in the thing insured. This relinquishment must bea.actual.b. constructive.c. constructive first and if it fails, then actual.d.either actual or constructive6. "hipowner !, in applying for a marine insurance policy from )*#, #o., stated that his vessel usually sails middle of )ugust and with normally 1(( tons of cargo. +t turned out later that the vessel departed on the first wee3 of "eptember and with only 1( tons of cargo. Will this avoid the policy that was issued?a. /o, because there was only representation of intention.b. /o, because there was no intent to breach an implied warranty.c. .es, because it relates to a material representation.d. .es, because there was breach of implied warranty.7. T "hipping, #o. insured all of its vessels with 8 +nsurance, #o. The insurance policies stated that the insurer shall answer for all damages due to perils of the sea. 9ne of the insured1s ship, the $% &ona 'riscilla, ran aground in the 'anama #anal when its engine pipes lea3ed and the oil seeped into the cargo compartment. The lea3age was caused by the extensive mileage that the ship had accumulated. $ay the insurer be made to answer for the damage to the cargo and the ship?a. /o, since the proximate cause of the damage was the breach of warranty of seaworthiness of the ship.b. .es, since there appears to have been no fault on the part of the shipowner and ship captain.c. /o, since the proximate cause of the damage was due to ordinary usage of the ship, and thus not due to a peril of the sea.d. .es, because the insurance policy covered any or all damage arising from perils of the sea:. 'erils of the ship, under marine insurance law, refer to loss which in the ordinary course of events results froma. natural and ordinary actions of the sea.b. unnatural and ordinary actions of the sea.c. unnatural and inevitable actions of the sea.d. natural and inevitable actions of the sea.,. +n return for the ( years of faithful service of ! as a househelper to ., the latter promised to pay 'hp1((,(((.(( to !s heirs if he ;!< dies in an accident by fire. ! agreed. +s this an insurance contract?a. .es, since all the elements of an insurance contract are present.b. .es, since ! services may be regarded as the consideration.c. /o, since . actually made a conditional donation in !s favor.d. /o, since it is in fact an innominate contract between ! and ..=. !, in the hospital for 3idney dysfunction, was about to be discharged when he met his friend .. ! told . the reason for his hospitali>ation. ) month later, ! applied for an insurance covering serious illnesses from)*# +nsurance, #o., where . was wor3ing as #orporate "ecretary. "ince ! had already told . about his hospitali>ation, he no longer answered a question regarding it in the application form. Would this constitute concealment?a. .es, since the previous hospitali>ation would influence the insurer in deciding whether to grant !1s application.b. .es, it would constitute concealment that amounts to misrepresentation on !1s part.c. /o, since the previous illness is not a material fact to the insurance coverage.d. /o, since . may be regarded as )*#s agent and he already 3new of !s previous hospitali>ation1(. )n insured, who gains 3nowledge of a material fact already after the effectivity of the insurance policy,is not obliged to divulge it. The reason for this is that the test of concealment of material fact is determineda. at any time before the payment of premium.b. at any time before the policy becomes effective.c. at the time of the payment of the premium.d. at the time of the issuance of the policy 11. T "hipping, #o. insured all of its vessels with 8 +nsurance, #o. The insurance policies stated that the insurer shall answer for all damages due to perils of the sea. 9ne of the insured1s ship, the $% &ona 'riscilla, ran aground in the 'anama #anal when its engine pipes lea3ed and the oil seeped into the cargo compartment. The lea3age was caused by the extensive mileage that the ship had accumulated. $ay the insurer be made to answer for the damage to the cargo and the ship?a. /o, since the proximate cause of the damage was the breach of warranty of seaworthiness of the ship.b. .es, since there appears to have been no fault on the part of the shipowner and ship captain.c. /o, since the proximate cause of the damage was due to ordinary usage of the ship, and thus not due to a peril of the sea.1. 9n ?une 1, (11, ! mailed to . +nsurance, #o. his application for life insurance, with payment for 6 years of premium enclosed in it. 9n ?uly 1, (11, the insurance company accepted the application and mailed, on the same day, its acceptance plus the cover note. +t reached !1s residence on )ugust 11, (11.*ut, as it happened, on )ugust 4, (11, ! figured in a car accident. @e died a day later. $ay !1s heirs recover on the insurance policy?a. .es, since under the #ognition Theory, the insurance contract was perfected upon acceptance by the insurer of !1s application.b. .es, since under the $anifestation Theory, the insurance contract was perfected upon acceptance of the insurer of !1s application.c. /o, since there is no privity of contract between the insurer and !s heirs.d. /o, since ! had no 3nowledge of the insurer1s acceptance of his application before he died.12. ! has been a longAtime household helper of B. !1s husband, ., has also been B1s longAtime driver. $ay B insure the lives of both ! and . with B as beneficiary?a. .es, since ! and . are Bs employees.b. .es, since ! and . render services to B.c. /o, since ! and . have no pecuniary interest on the life of B arising from their employment with him.d. /o, since B has no pecuniary interest in the lives of ! and . arising from their employment with him1.+s the occurrence of a typhoon a fortuitous event? Ceneral 8uleD.es, if all the elements of a natural disaster or calamity concur. This holds true especially if the vessel wasseaworthy at the time it undertoo3 that fateful voyage and that it was confirmed with the #oast Cuard that the weather condition would permit safe travel of the vessel to its destination. ;'hilippine )merican Ceneral +nsurance #o., +nc. v. $CC $arine "ervices, +nc., C.8. /o. 126746, $ar. ,, ((. 8T# rendered decision against . +nsurance and casewas elevated to #), which reversed 8T# decision. #ase was then elevated to "#.+""OE"D a. +s 8espondent . +nsurance the real partyAinAinterest that possesses the right of subrogation to claim reimbursement from )boiti>?b. +s this right to subrogation an absolute right?8E"9-OT+9/D a. .E". ) foreign corporation not licensed to do business in the 'hilippines is not absolutely incapacitated from filing a suit in local courts. 9nly when that foreign corporation is HtransactingI or Hdoing businessI in the country will a license be necessary before it can institute suits. +t may, however, bring suits on isolated business transactions, which is not prohibited under 'hilippine law. Thus, this #ourt has held that a foreign insurance company may sue in the 'hilippine courts upon the marine insurance policies issues by it abroad to cover internationalAbound cargoes shipped by a 'hilippine carrier, even if ithas no license to do business in this country. +t is the act of engaging in business without the prescribed license, and not the lac3 of license per se, which bars a foreign corporation from access to our courts. Thus, the payment by the insurer to the assured operates as an equitable assignment of all remedies the assured may have against the third party who caused the damage. "ubrogation is not dependent upon, nor does it grow out of, any privity of contract or upon written assignment of claim. +t accrues simply upon payment of the insurance by the insurer. ;)boiti> "hipping #orporation vs. +nsurance #ompany of /orth )merica, C.8. /o. 17,4(, )ugust7, ((,, K8eyes, 8.T.,?.L