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Keihin-Everett Forwarding Co., Inc. v. Tokio Marine Malayan Ins., G.R. No. 212107, January 28, 2019

This case involves a shipment of aluminum alloy ingots that was insured by TMNFIC and transported from Indonesia to the Philippines by multiple parties. During transport from the pier to the consignee's warehouse, the truck carrying one of the containers was hijacked. Tokio Marine, having paid the consignee's insurance claim, then sued the freight forwarder Keihin-Everett for damages. The RTC found Keihin-Everett and the subcontracted transporter Sunfreight jointly liable, but the CA found only Keihin-Everett liable based on their agreement. The Supreme Court affirmed Keihin-Everett's liability, finding Tokio Marine had a right to subrogation despite not attach

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129 views2 pages

Keihin-Everett Forwarding Co., Inc. v. Tokio Marine Malayan Ins., G.R. No. 212107, January 28, 2019

This case involves a shipment of aluminum alloy ingots that was insured by TMNFIC and transported from Indonesia to the Philippines by multiple parties. During transport from the pier to the consignee's warehouse, the truck carrying one of the containers was hijacked. Tokio Marine, having paid the consignee's insurance claim, then sued the freight forwarder Keihin-Everett for damages. The RTC found Keihin-Everett and the subcontracted transporter Sunfreight jointly liable, but the CA found only Keihin-Everett liable based on their agreement. The Supreme Court affirmed Keihin-Everett's liability, finding Tokio Marine had a right to subrogation despite not attach

Uploaded by

Ena Macale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Keihin-Everett Forwarding Co., Inc. v. Tokio Marine Malayan Ins., G.R. No.

212107, January 28,


2019

FACTS:
• Honda Trading ordered 80 bundles of Aluminum Alloy Ingots from PT Molten.
• PT Molten loaded the goods in two container vans which were, in turn, received in
Jakarta, Indonesia by Nippon Express Co., Ltd. for shipment to Manila.
• The entire shipment was insured with TMNFIC. Honda Trading also engaged the
services of petitioner Keihin-Everett to clear and withdraw the cargo from the pier and to
transport and deliver the same to its warehouse in Laguna.
• petitioner Keihin-Everett had an Accreditation Agreement with respondent Sunfreight
Forwarders whereby the latter undertook to render common carrier services for the former and
to transport inland goods within the Philippines
• shipment arrived in Manila and then caused to be released from the pier by petitioner
Keihin-Everett and turned over to respondent Sunfreight Forwarders for delivery to Honda
Trading. En route to the latter's warehouse, the truck carrying the containers was hijacked and a
container van was taken away.
• As a consequence, Honda Trading suffered losses.
• Claiming to have paid Honda Trading's insurance claim for the loss it suffered,
respondent Tokio Marine commenced a suit with the filing of its complaint for damages against
petitioner Keihin-Everett..
• petitioner Keihin-Everett denied liability for the lost shipment on the ground that the loss
thereof occurred while the same was in the possession of respondent Sunfreight Forwarders.
• Keihin-Everett filed a third-party complaint against the latter, who, in turn, denied liability
on the ground that it was not privy to the contract between Keihin-Everett and Honda Trading.

RTC: Keihin-Everett and respondent Sunfreight Forwarders jointly and severally liable to pay
respondent Tokio Marine's claim

CA: because of the lack of privity between Honda Trading and Sunfreight Forwarders, the latter
cannot simply be held jointly and severally liable with Keihin-Everett for Tokio Marine's claim.
Solidary liability is not presumed. In view of the Accreditation Agreement between Keihin-
Everett and Sunfreight Forwarders, the former possesses a right of reimbursement against the
latter for so much of what Keihin-Everett has paid to Tokio Marine.

ISSUE: WON Keihin-Everett is liable to respondent Tokio Marine. (YES)

HELD:

Tokyo Marine was able to present evidence that it has the right to be subrogated and claim
reimbursement.
• The failure of Tokio Marine to attach in the Complaint the contract of insurance between
the insurer (Tokio Marine) and the insured (Honda Trading) is not fatal to its cause of action.
The Court makes it clear that failure to comply with the rules does not preclude the plaintiff to
offer it as evidence.

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