Thursday, July 12, 2012

Ty v First National G.R. No. L-16138 April 29, 1961

J. Labrador

Ty, a mechanic foreman in Caloocan, bought 18 insurance policies at 8 pesos each.  A fire broke out, and Ty fought his way out of the factory. His hand was broken by a heavy object in the process. He wanted to collect an indemnity valuing 650 pesos for the loss of hand by means of amputation even if he only suffered from broken fingers. The insurance companies sued him in court and they won. Ty then appealed to the Supreme Court.

Issue: Can he collect the sums even if there was no amputation?

Held: No

The insurance policies clearly define loss of hand as amputation of the bones on the wrist. The injury was only a “temporary total disability of plaintiff's left hand." This wasn’t covered by the policies.

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