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Jewel Villacorta vs. Insurance Commission, et al.

JEWEL VILLACORTA, assisted by her husband, GUERRERO VILLACORTA, petitioner, vs. THE INSURANCE COMMISSION and EMPIRE INSURANCE COMPANY, respondents.

G.R. No. L-54171 | 1980-10-28

D E C I S I O N


TEEHANKEE, Acting C.J.:

The Court sets aside respondent Insurance Commission's dismissal of petitioner's complaint and holds that where the insured's car is wrongfully taken without the insured's consent from the car service and repair shop to whom it had been entrusted for check-up and repairs (assuming that such taking was for a joy ride, in the course of which it was totally smashed in an accident), respondent insurer is liable and must pay insured for the total loss of the insured vehicle under the theft clause of the policy.

The undisputed facts of the case as found in the appealed decision of April 14, 1980 of...