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badly need advice: Insurance claim

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1 badly need advice: Insurance claim on Tue Jun 25, 2013 3:27 pm


Arresto Menor
I badly need legal advice regarding insurance policy. 

My dad was a member of Lamac Multi-Purpose Cooperative in Pinamungajan Cebu. He still has unpaid loans but there was an arrangement already that he will be paying 100 pesos per day. I and my sister joined the cooperative and we were offered to avail of life insurance last Aug. 2012. My sister paid for my father's insurance but it was under his name and we did not sign any paper that if he die the insurance claim will be deducted from his debt. My dad died on March 25 so we filed for claims. Now Lamac Multi-Purpose Cooperative has the checks and they refuse to release the checks. On my dad's insurance we should be getting 120,000 pesos, and on my mom's insurance she will be getting 40,000 pesos and on my insurance I will get 20,000 pesos, so we should be getting a total of 180,000 pesos. However, my dad owe them 173,000 pesos that's why they will not release the checks and will only give us the change. They told us that we can ask help from any lawyer but we will never win. 

Help! Sad

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2 Re: badly need advice: Insurance claim on Sun Jul 07, 2013 8:47 am

tsi ming choi

Reclusion Perpetua
The contract of loan extinguishes after your father died because it is a personal obligation. hence, it is personal in nature and the same can not be transmitted to the heirs UNLESS the heirs are co-makers to such contract. It is a resolutory condition, wherein, the happening of the event(death) extinguishes an obligation.

While, The contract of insurance is a form of indemnification, wherein the happening of the event(death) give rise to an obligation by the insurer to indemnify or pay the insured.

In my opinion, these two contracts as well as its corresponding obligation can not be off setted(tabla-tabla) because each contracts have different characteristics.

So as to the question, i believe that you can claim the indemnity based on the insurance policy and you are not obliged to pay your father's loan.

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