GR L 21574; (June, 1966) (Digest)
G.R. No. L-21574 June 30, 1966
SIMON DE LA CRUZ, plaintiff and appellee, vs. THE CAPITAL INSURANCE and SURETY CO., INC., defendant and appellant.
FACTS
Eduardo de la Cruz, an employee of Itogon-Suyoc Mines, Inc., held an accident insurance policy from Capital Insurance & Surety Co., Inc., effective from November 13, 1956, to November 12, 1957. On January 1, 1957, during a company-sponsored New Year’s boxing contest, Eduardo, a non-professional boxer, participated. During his bout with another non-professional of similar build, Eduardo slipped unintentionally. His opponent then hit him on the left back of the head, causing him to fall and hit his head on the ring rope. He was hospitalized and died the next day from intracranial hemorrhage. Simon de la Cruz, the insured’s father and beneficiary, filed a claim with the insurance company, which was denied. Simon then filed an action for specific performance. The insurer defended that the death, resulting from voluntary participation in boxing, was not accidental and thus not covered. The Court of First Instance of Pangasinan ruled in favor of the plaintiff, ordering the insurer to pay indemnity, burial expenses, and attorney’s fees, prompting this appeal.
ISSUE
Whether the death of Eduardo de la Cruz, resulting from injuries sustained during a voluntary boxing match, is caused by “accidental means” and thus covered by the accident insurance policy.
RULING
Yes, the death is covered by the policy. The Court affirmed the lower court’s decision. The terms “accident” and “accidental” in insurance contracts are construed in their ordinary sense, meaning events that happen by chance, are fortuitous, unintentional, unexpected, unusual, and unforeseen. Even considering the insurer’s distinction between “accidental” and “accidental means,” the death here was still accidental. While Eduardo’s participation in the boxing contest was voluntary, the injury was not the natural or probable result of that act. The unforeseen event—his unintentional slip—which allowed his opponent to land the fatal blow, was an additional, unexpected, independent, and unforeseen happening that produced the death. Furthermore, the insurance policy specifically excluded death from engaging in activities like football, hunting, polo, and racing, but did not list boxing contests among these exclusions. This omission indicates the insurer did not intend to exempt itself from liability for death resulting from boxing. Therefore, the death is compensable under the policy.