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Fieldmen's Insurance Co., Inc. vs. Mercedes Vargas Vda. De Songco, Et Al.

FIELDMEN'S INSURANCE CO., INC., petitioner, vs. MERCEDES VARGAS VDA. DE SONGCO, Et Al. and COURT OF APPEALS, respondents.

G.R. No. L-24833 | 1968-09-23

D E C I S I O N 


FERNANDO, J.: 

An insurance firm, petitioner FIELDMEN'S Insurance Co., Inc., was not allowed to escape liability under a common carrier insurance policy on the pretext that what was insured, not once but twice, was a private vehicle and not a common carrier, the policy being issued upon the insistence of its agent who discounted fears of the insured that his privately owned vehicle might not fall within its terms, the insured moreover being "a man of scant education", finishing only the first grade. So it was held in a decision of the lower court thereafter affirmed by respondent Court of Appeals. Petitioner in...