In May 1924, Phœnix Assurance Co., (corporation under Great Britain Law) issued a fire insurance Policy No. 841163 in the sum of P13,000 upon the property of Paris-Manila. With the knowledge of the defendant, the property was also insured in two other companies, one for P12,000, and the other for P5,000. The property covered by the insurance was completely destroyed by fire for the total loss to the plaintiff of P38,025.56. Upon presentation of the claim, Phoenix unjustly refused to pay. Petitioner also requested the defendant to appoint an arbitrator under the provisions of section 17 of the policy, which was also denied.
The denial of Phoenix Insurance is on the ground that (a) the policywas issued “to one Peter Johnson, as proprietor of ParisManila Perfumery Co.,” and that the company was not the insured named in the policy (b) “the policy of insurance did not cover any loss or damage occasioned by explosion, and that the loss was occasioned by an explosion, and was not covered by the policy. (c) the claim of the plaintiff is fraudulent as to the quantity and value of the insured property at the time of the fire, thus all benefits are forfeited. It relies on Sec.6 of the policy which provides that the insurance policy shall not cover any Loss or damage occasioned by explosion.