Topic: Payment through Agent
FACTS
Malayan Insurance Company (MICO) issued to Coranacion Pinca Fire Insurance Policy on her property for the amount of P100K effective July 22, 1981 to July 22, 1982. On October 15, 1981, MICO cancelled the policy for non-payment of the premium and sent the corresponding notice to Pinca.
On December 24, 1981, Pinca paid the premium to Dominador Adora, MICO’s agent. The payment was remitted by Adora to MICO on January 15, 1982.
On January 18, 1982, Pinca’s property was completely burned. On February 5, the payment made by Pinca was returned by MICO to Adora, which Adora refused, on the ground that her policy was cancelled.
Pinca made demands for payment, which MICO rejected. With that, Pinca went to the Insurance Commission.