Flashcards Studio

MDI Manufacturing Corp., a company with a Fire Property Policy issued by Titan Insurance Co., suffers cyclone damage to its warehouse in Metro Manila on September 5. MDI promptly gives notice of loss to Titan on September 12 and files sworn proof of loss on December 1. Titan denies the claim on the ground that notice of loss and sworn proof of loss were not timely under PD 612, as amended by RA 10607. MDI contends that the delay was excusable due to the disaster and that Titan had actual knowledge of the loss and commenced adjustment within days. (a) Identify the controlling rule on Notice and Proof of Loss under PD 612, as amended by RA 10607. (b) Apply that rule to the facts to determine whether Titan is precluded from paying the claim. (c) Discuss whether any equitable defenses such as waiver or estoppel could apply and under what circumstances.