JurisAtlas

HomeBar Review2009Mercantile LawQuestion XIII

Question XIII

2009 Bar · Mercantile Law · 1 sub-question

XIII. Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). One of the provisions of the one-year lease contract states: "18. x x x The LESSEE shall not insure against fire the chattels, merchandise, textiles, goods and effects placed at any stall or store or space in the leased premises without first obtaining the written consent of the LESSOR. If the LESSEE obtains fire insurance coverage without the consent of the LESSOR, the insurance policy is deemed assigned and transferred to the LESSOR for the latter’s benefit." Notwithstanding the stipulation in the contract, without the consent of SBC, Ciriaco insured the merchandise inside the leased premises against loss by fire in the amount of P500,000.00 with First United Insurance Corporation (FUIC). A day before the lease contract expired, fire broke out inside the leased premises, damaging Ciriaco’s merchandise. Having learned of the insurance earlier procured by Ciriaco, SBC demanded from FUIC that the proceeds of the insurance policy be paid directly to it, as provided in the lease contract. Who is legally entitled to receive the insurance proceeds? Explain. (4%)

Model answer · ALAC

Answer — Legal basis — Application — Conclusion.

AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.

Sign in free to read Question I of every Mercantile Law year — subscribe to unlock all model answers & authorities.

Sign in or register — it's freeHave an access code? Redeem it →