Survey of Jurisprudence:

Malayan Insurance Company vs. PAP Co., Ltd.

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Considering that the original policy was renewed on an "as is basis," it follows that the renewal policy carried with it the same stipulations and limitations. The terms and conditions in the renewal policy provided, among others, that the location of the risk insured against is at the Sanyo factory in PEZA. The subject insured properties, however, were totally burned at the Pace Factory. Although it was also located in PEZA, Pace Factory was not the location stipulated in the renewal policy. There being an unconsented removal, the transfer was at PAPs own risk. Consequently, it must suffer the consequences of the fire. Thus, the Court agrees with the report of Cunningham Toplis Philippines, Inc., an international loss adjuster which investigated the fire incident at the Pace Factory, which opined that "[g]iven that the location of risk covered under the policy is not the location affected, the policy will, therefore, not respond to this loss/claim.

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Research on Adjusters:

Independent Adjusters any person, partnership or association or corporation, which, for money, commission or any other thing of value, acts for or on behalf of the insurer in the adjusting of claims arising under insurance contracts or policies issued by such insurer. (Section 324 of the P.D. 612; Section 333 of the RA 10607)

Experts who have made loss-adjusting a business; some have specialized in particular fields; they work for the insurers who request their services (De Leon)

Public Adjusters - any person, partnership or association or corporation, which, for money, commission or any other thing of value, acts for or on behalf of an insured in negotiating for, or effecting the settlement of a claim or claims of the said insured arising under insurance contracts or policies, or which advertises for or solicits employment as an adjuster of such claims.

(Section 324 of the P.D. 612; Section 333 of the RA 10607)

Represents the public in contrast with the adjusters which represent the insurers; retained by the insured to represent him in negotiating loss settlement (De Leon)

The scope and extent of the functions and settlement agent do not include personal liability. His functions are merely to settle and adjust claims in behalf of the principal if those claims are proven and undisputed, and if the claim is disputed or is disapproved by the principal, the agent does not assume any personal liability. (Smith Bell vs. Court of Appeals 267 SCRA 530, as cited in De Leon)

Services of Adjusters: (As enumerated in De Leon)

1. Furnishing prompt aid and advice following a loss, for an adjuster usually arrives very promptly after the loss

2. Aids in preventing further damage

3. Examination of policies and explanation of contract terms to the insured

4. Aid in securing promptness of settlement by supplying formation and assistance of repairs, replacements, etc.

5. Appraisal of values

6. Assistance in making inventories, securing expert opinions and preparing necessary documents (Riegel, Miller & Williams, op cit., p.170)