Presentation on Casualty Insurance by law students from the Polytechnic University of the Philippines-College of Law, for Insurance Law under Commissioner Wilfredo Reyes.

1. Reporter:
Regine Joy L. Magabo

2. - covers LOSS or LIABILITY arising from
ACCIDENT or MISHAP, excluding certain types
of loss which by law or custom are
considered as falling exclusively within the
scope of other types of insurance such as
marine, fire, suretyship and life.

3. - presumed to include any loss or damage
when an accident is the cause of the loss.
(casualty = accident)
a. Employer’s liability insurance
b. Workmen’s compensation insurance
c. Public liability insurance
d. Motor vehicle liability insurance
e. Plate glass insurance
f. Burglary and theft insurance
g. Personal accident and health insurance as
written by non-life companies

4. - except Compulsory Motor vehicle
Insurance
- the terms of the contract which are not
violative of the laws and by the general
provisions applicable to all types of insurance

5. which affect the person which give rise to third-
and/or property of the party liability on the
insured: part of the insured:
• plate glass insurance • employer’s liability
• burglary and theft insurance
insurance • workmen’s
• personal accident and compensation insurance
health insurance as • public liability insurance
written by non-life • motor vehicle liability
companies insurance

6. Third party liability Person or property of
the insured
1. Insurable - The insured has interest - The insured has interest
interest in the safety of persons on his own life (section 10)
who may maintain, or in and on his property (section
the freedom from damage 13).
of property which may
become the basis of suits
against him in case of their
injury or destruction.
2. When -Attaches when the - Action against the insurer
payable? liability of the insured to lie only when there is an
the injured 3rd party actual loss sustained by the
attaches, regardless of insured.
actual loss at that time.

7. Third party liability Person or property
of the insured
3. Right of - 3rd persons to whom the - 3rd persons cannot
injured person insured is liable, can sue proceed against the
to sue insurer directly the insurer upon insurer. Their recourse
the occurrence of the is limited to the
of party at
injury or event upon which insured alone.
fault
the liability depends.
4. Basis of - Based on contract - Based on contract
insurer’s
liability
5. Extent of - Extent of policy - Extent of policy
insurer’s
liability

8.  Accident Insurance
- reimburses the insured for pecuniary
loss suffered as a result of injuries sustained
in an accident
 Health Insurance
- reimburses the insured for pecuniary
loss arising out of disease-related illness.

9. GENERAL RULE:
Death or injury does NOT result from
accident if it is the NATURAL RESULT of the
insured’s voluntary act, unaccompanied by
anything unforeseen except the death or
injury.

10. EXCEPTION:
If the death or injury is NOT THE
NATURAL RESULT of the insured’s voluntary
act or if something UNFORESEEN OCCURS in
the doing of the act which produces the
injury, the resulting death is within the
protection of the insurance policy.

11.  ACCIDENT – happens by
chance, fortuitously, without
intention, design, and which is
unexpected, unusual, and unforeseen.
 INTENTIONAL – which implies the use of
reasoning faculties, consciousness, and
volition.

12. FORMULA:
 cause + result of the death or injury =
accidental RECOVERY
 cause is intentional NO RECOVERY