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Shafer v.

Judge of Olongapo City

Facts: This is a petition for review on certiorari. Herein petitioner Shafer obtained a private policy of CTPL from Makati Insurance Company. During the period of insurance, he met an accident and was charged with reckless imprudence resulting in damage to property and serious physical injuries and causes damage in the amount of P 12,345.00. The passenger of the Volkswagen also filed a separate civil action for damages. During the trial of the criminal case the passenger Jovencio Poblete testified on his claim for damages. Shafer then filed a third party complaint against Makati Insurance Company which was allowed by the former presiding judge of the court. Makati Insurance Co. moved to dismiss the case which was granted on the ground that it was premature. Stating that unless herein petitioner is found guilty and sentenced to pay the offended party for indemnity or damages, the complaint is without cause of action. Hence, the petition. Issue/s: WON the accused, also the third party plaintiff, has a cause of action against the third party defendant for the enforcement of its third party liability (TPL) under the insurance contract.

Ruling: Yes, the occurrence of the injury to the third party immediately gave rise to the liability of the insurer under its policy. The liability of the insurance company under the Compulsory Motor Vehicle Liability Insurance is for loss or damage. Where an insurance policy insures directly against liability, the insurer's liability accrues immediately upon the occurrence of the injury or event upon which the liability depends, and does not depend on the recovery of judgment by the injured party against the insured.