2015 Mercantile Law, Q2

A. Novette entered into a contract for the purchase of certain office supplies. The goods were shipped. While in transit, the goods were insured by Novette. Does she have an insurable interest over the goods even before delivery of the same to her? Explain. (2%)
B. Will an insurance policy be binding even if the premium is unpaid? What if it were partially paid? (3%)

Quick check

Does a buyer under a perfected contract of sale possess an insurable interest over goods in transit prior to actual delivery?

What is the general rule under Section 77 of the Insurance Code regarding unpaid insurance premiums?

What is the legal effect of partial premium payment under an agreed installment scheme?

Under Section 14 of Republic Act Number 10607, which of the following may constitute a valid insurable interest in property?

Which primary statute governs insurable interest, premium payment rules, and insurance policy validity in the Philippines?

Learn more about these topics

1. Buyer Insurable Interest
Under Section 14 of the Insurance Code of the Philippines (Republic Act Number 10607), an insurable interest in property may consist in an existing interest, an inchoate interest founded on an existing interest, or an expectancy coupled with an existing interest. A buyer under a perfected contract of sale acquires an insurable interest in the purchased goods while in transit even prior to actual physical delivery. The buyer's existing contractual right and financial exposure to potential damage or destruction of the goods during transit constitute a lawful insurable interest under Philippine insurance law.

2. Premium Payment Rule
Under Section 77 of the Insurance Code (Republic Act Number 10607), known as the cash-and-carry rule, an insurance policy is generally not valid and binding until the premium thereof has been fully paid. The statutory requirement ensures that the insurer receives consideration before assuming contractual risk. However, established jurisprudence recognizes specific exceptions to this rule, such as when the insurer extends credit terms, when the parties agree to payment in installments, or when estoppel prevents the insurer from denying policy validity after accepting partial payment.

3. Partial Premium Payment
Under Philippine insurance jurisprudence, partial payment of an insurance premium renders the policy binding if the insurer agreed to an installment payment structure or accepted partial payment without reservation prior to a loss. Where an insurer accepts partial premium payment under an agreed installment schedule, it is estopped from invoking Section 77 to defeat liability upon the occurrence of an insured risk. The insurer must honor the policy, subject to deducting the remaining unpaid premium balance from the insurance proceeds due.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026