Practice question
A household employer admits an assigned driving task and employee-caused negligent injury. The employer presents only an insurance policy and the insurer’s willingness to process the claim, with no evidence of preventive diligence. Can those documents alone rebut the Article2180 presumption?
- No; coverage is not proof of the statutory preventive diligence
- Yes; insurance necessarily absolves every employer
- Yes; an insurer’s claim form proves supervision
- Yes; willingness to pay makes negligence impossible
- Yes; all insured drivers are outside Article2180
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Article2180.
- Maitim v Aguila GR218344 March21,2022 MAIN: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html Distinct employee and employer inferences; assigned private driving.
- Safeguard v Tangco GR165732 December14,2006 MAIN: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html Employer presumption and proof.
Answer this question in flashcards to review your response and continue practicing.