Topic : Parties – Others
In 1916, Mr Harding gifted his wife a Studebaker automobile. While being repaired in Luneta Garage, Mrs Harding insured the automobile with the latter (Smith Bell local agent of Commercial) for P150 and declared the amount of mobile being P3000. The said assessment was estimated by Mr. Server, Luneta Garage’s manager.
The automobile was totally destroyed by fire; the plaintiff, Mrs. Henry E. Harding furnished the defendant the proof and performed all conditions of said policy.
HOWEVER Defendant refused to pay and prayed that the policy be declared null and void on the ground that (1) the petitioner had misrepresented herself to be the owner of the automobile and deceived the defendant to issue the said policy of insurance; (2) that under the Civil Code, “All gifts between spouses during the marriage shall be void and (3) the car’s present value was only 2.8T and not 3T.