Ty v. Filipinas Compañia de Seguros - Insurance Policy

17 SCRA 364

Facts:

>  Ty was employed as a mechanic operator by Braodway Cotton Factory at Grace Park, Caloocan.

>  In 1953, he took personal accident policies from 7 insurance companies (6 defendants), on different dates, effective for 12 mos.

>  On Dec. 24. 1953, a fire broke out in the factory were Ty was working.  A hevy object fell on his hand when he was trying to put out the fire.

>  From Dec. 1953 to Feb. 6, 1954 Ty received treatment at the Nat’l Orthopedic Hospital for six listed injuries.  The attending surgeon certified that these injuries would cause the temporary total disability of Ty’s left hand.

>  Insurance companies refused to pay Ty’s claim for compensation under the policies by reason of said disability of his left hand.  Ty filed a complaint in the municipal court who decided in his favor.

>  CFI reversed on the ground that under the uniform terms of the policies, partial disability due to loss of either hand of the insured, to be compensable must be the result of amputation.

Issue:

Whether or not Ty should be indemnified under his accident policies.

Held.

NO.

SC already ruled in the case of Ty v. FNSI that were the insurance policies define partial disability as loss of either hand by amputation through the bones of the wrist, the insured cannot recover under said policies for temporary disability of his left hand caused by the fractures of some fingers.  The provision is clear enough to inform the party entering into that contract that the loss to be considered a disability entitled to indemnity, must be severance or amputation of the affected member of the body of the insured.