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Eternal Gardens Memorial Park Corp. vs. Philamlife Insurance Company

ETERNAL GARDENS MEMORIAL PARK CORPORATION, Petitioner, versus THE PHILIPPINE AMERICAN LIFE INSURANCE COMPANY, Respondent.

G.R. No. 166245 | 2008-04-09

D E C I S I O N

VELASCO, JR., J.:

The Case

Central to this Petition for Review on Certiorari under Rule 45 which seeks to reverse and set aside the November 26, 2004 Decision[1] of the Court of Appeals (CA) in CA-G.R. CV No. 57810 is the query: May the inaction of the insurer on the insurance application be considered as approval of the application?

The Facts

On December 10, 1980, respondent Philippine American Life Insurance Company (Philamlife) entered into an agreement denominated as Creditor Group Life Policy No. P-1920[2] with petitioner Eternal Gardens Memorial Park Corporation (Eternal). Under the policy, the clients of Eternal who...