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Malayan Insurance Co. Inc. Vs. Regis Brokerage Corp

MALAYAN INSURANCE CO., INC.,[1] Petitioner, versus REGIS BROKERAGE CORP., Respondent.

G.R. No. 172156 | 2007-11-23

DECISION


Tinga, J.:

We consider whether an insurer, in an action for recoupment instituted in its capacity as the subrogee of the insured, may be conferred favorable relief even if it failed to introduce in evidence the insurance contract or policy, or even allege the existence nay recite the substance and attach a copy of such document in the complaint. The answer is as self-evident as meets the eye.

This Petition for Review under Rule 45 was filed by petitioner Malayan Insurance Co., Inc. (Malayan),[2] assailing the Decision[3] dated 23 December 2005 of the Court of Appeals in C.A. G.R. SP No. 90505, as well as its Resolution[4]...