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Comm'l Union Assurance Co. Limited, et al. vs. Lepanto Consolidated Mining Co., et al.

COMMERCIAL UNION ASSURANCE COMPANY LIMITED and NORTH BRITISH & MERCANTILE INSURANCE CO., LTD., petitioners, vs. LEPANTO CONSOLIDATED MINING COMPANY and COURT OF APPEALS, respondents.

G.R. No. L-52027 | 1982-04-27

D E C I S I O N


AQUINO, J.:

This is a marine insurance case. Lepanto Consolidated Mining Company alleged in its complaint of February 7, 1974 that on November 8 and 23, 1971 it shipped (for smelting) copper ore concentrates on board the vessels M/S Hermosa and M/S General Aguinaldo from Poro Point, San Fernando, La Union to Tacoma, Washington, U.S.A.

The first shipment is known as No. 167 and the other shipment as Nos. 168 and 168-A. The copper ore concentrates were stored on board the carrying vessels under the supervision and approval of a marine surveying firm designated by the insurer (pp. 8-9, Record on Appeal). American Smelting...