Grepalife Vs CA
Grepalife Vs CA
Grepalife Vs CA
CA
GR. No. 113899
FACTS: Leuterio, a housing debtor of DBP, applied for membership in the group life
insurance plan executed between Grepalife and DBP under which Grepalife agreed
to insure the lives of eligible housing loan mortgagors of DBP. He was issued an
assurance coverage to the extent of his DBP mortgage indebtedness.
Leuterio died consequently, DBP submitted a claim to Grepalife which refused
to pay on the ground of concealment. DBP collected the mortgage indebtness by
foreclosing the mortgage. The widow of Leuterio filed an action against Grepalife for
the collection of the insurance proceeds, without including DBP as a party.
ISSUE: Will the action prosper?
HELD: Yes, the action will prosper.
Since DBP has already foreclosed the mortgage, the insurance proceeds shall
inure to the benefit of the heirs of Leuterio. Where the mortgagor pays the
insurance premium under a group life insurance policy, making the loss payable to
the mortgagee, the insurance is still on the interest of the mortgagor who continues
to be a party to the contract. Such kind of police insurance upon life or health may
pass by transfer, will or succession to any person, whether he has an insurable
interest or not, and such person may recover whatever the insured might have
recovered and therefore, the widow of Leuterio may recover from Grepalife.