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Heirs of I.Coscolluela vs. Reco General Insurance

HEIRS OF ILDEFONSO COSCOLLUELA, SR., INC., petitioner, vs. RICO GENERAL INSURANCE CORPORATION, COURT OF APPEALS (11th Division), and HON. ENRIQUE T. JOCSON, Judge, Regional Trial Court of Negros Occidental Branch, respondents.

G.R. No. 84628 | 1989-11-16

D E C I S I O N


GUTIERREZ, JR., J.:

The main issues raised in this petition for review on certiorari are whether the Court of Appeals erred in: (1) affirming the dismissal by the trial court of the complaint for damages on the ground of lack of cause of action, and in (2) denying due course to a petition for certiorari on the ground that the remedy of the petitioner to assail said order is appeal.

Petitioner, Heirs of Ildefonso Coscoluella, Inc. is a domestic corporation and the registered owner of an Isuzu KBD Pick-up truck bearing Motor No. 663296 and Plate No. UV-FAW-189. The vehicle was insured with the private respondent Rico...