Practice question
An insured owner suffers PHP400,000 of property loss. The insurer pays all of it and is subrogated under Article2207. The owner then demands PHP400,000 personally from the wrongdoer for the identical covered loss, without accounting for subrogation. Which is correct?
- The paid portion and transferred rights must be recognized; it is not a second personal windfall
- Insurance necessarily doubles the owner’s personal compensation
- The wrongdoer is automatically immune even to the insurer
- The insurer’s payment is irrelevant to the identity of the claim holder
- The owner always retains an unrestricted duplicate claim
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2177,2194,2207.
- Fernando v People GR255180 January31,2024 MAIN resolution: https://lawphil.net/judjuris/juri2024/jan2024/gr_255180_2024.html Distinct BP22 and estafa proceedings; one civil satisfaction.
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