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Section 378. Any claim for death or injury to any passenger or - Insurance Code (usually included in commercial codals)

Section 378. Any claim for death or injury to any passenger or of Insurance Code (usually included in commercial codals). Section 378. Any claim for death or injury to any passenger or third party pursuant to the provisions of this chapter shall be paid without the n

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Insurance Code (usually included in commercial codals)

Section 378. Any claim for death or injury to any passenger or third party pursuant to the provisions of this chapter shall be paid without the necessity of proving fault or negligence of any kind; Provided, That for purposes of this section

(i) The total indemnity in respect of any person shall not exceed five thousand pesos;

(ii) The following proofs of loss, when submitted under oath, shall be sufficient evidence to substantiate the claim:

(a) Police report of accident and

(b) Death certificate and evidence sufficient to establish the proper payee or

(c) Medical report and evidence of medical or hospital disbursement in respect of which refund is claimed;

(iii) Claim may be made against one motor vehicle only. In the case of an occupant of a vehicle, claim shall lie against the insurer of the vehicle in which the occupant is riding, mounting or dismounting from. In any other case, claim shall lie against the insurer of the directly offending vehicle. In all cases, the right of the party paying the claim to recover against the owner of the vehicle responsible for the accident shall be maintained.

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