EN BANC

If the Insured sustains any Bodily Injury which is effected solely through violent, external, visible and
G.R. No. L-16138 April 29, 1961 accidental means, and which shall not prove fatal but shall result, independently of all other causes and
within sixty (60) days from the occurrence thereof, in Total or Partial Disability of the Insured, the
DIOSDADO C. TY, plaintiff-appellant, Company shall pay, subject to the exceptions as provided for hereinafter, the amount set opposite such
vs. injury:
FIRST NATIONAL SURETY & ASSURANCE CO., INC., defendant-appellee.
PARTIAL DISABILITY
x---------------------------------------------------------x
LOSS OF:
G.R. No. L-16139 April 29, 1961.
xxx xxx xxx
DIOSDADO C. TY, plaintiff-appellant,
vs. Either hand ............................................................................ P650.00
ASSOCIATED INSURANCE & SURETY CO., INC., defendant-appellee.
xxx xxx xxx
x---------------------------------------------------------x
... The loss of a hand shall mean the loss by amputation through the bones of the wrist....
G.R. No. L-16140 April 29, 1961
Defendants rejected plaintiff's claim for indemnity for the reason that there being no severance of
DIOSDADO C. TY, plaintiff-appellant, amputation of the left hand, the disability suffered by him was not covered by his policy. Hence,
vs. plaintiff sued the defendants in the Municipal Court of this City, and from the decision of said Court
UNITED INSURANCE CO., INC., defendant-appellee. dismissing his complaints, plaintiff appealed to this Court. (Decision of the Court of First Instance of
Manila, pp. 223-226, Records).
x---------------------------------------------------------x
In view of its finding, the court absolved the defendants from the complaints. Hence this appeal.
G.R. No. L-16141 April 29, 1961.
The main contention of appellant in these cases is that in order that he may recover on the insurance
DIOSDADO C. TY. plaintiff-appellant, policies issued him for the loss of his left hand, it is not necessary that there should be an amputation
vs. thereof, but that it is sufficient if the injuries prevent him from performing his work or labor necessary
PHILIPPINE SURETY & INSURANCE CO., INC., defendant-appellee. in the pursuance of his occupation or business. Authorities are cited to the effect that "total disability"
in relation to one's occupation means that the condition of the insurance is such that common prudence
x---------------------------------------------------------x requires him to desist from transacting his business or renders him incapable of working. (46 C.J.S.,
970). It is also argued that obscure words or stipulations should be interpreted against the person who
G.R. No. L-16142 April 29, 1961. caused the obscurity, and the ones which caused the obscurity in the cases at bar are the defendant
insurance companies.
DIOSDADO C. TY, plaintiff-appellant,
vs. While we sympathize with the plaintiff or his employer, for whose benefit the policies were issued, we
RELIANCE SURETY & INSURANCE CO., INC., defendant-appellee. can not go beyond the clear and express conditions of the insurance policies, all of which define partial
disability as loss of either hand by amputation through the bones of the wrist." There was no such
x---------------------------------------------------------x amputation in the case at bar. All that was found by the trial court, which is not disputed on appeal,
was that the physical injuries "caused temporary total disability of plaintiff's left hand." Note that the
G.R. No. L-16143 April 29, 1961 disability of plaintiff's hand was merely temporary, having been caused by fracture of the index, the
middle and the fourth fingers of the left hand.
DIOSDADO C. TY, plaintiff-appellant,
vs. We might add that the agreement contained in the insurance policies is the law between the parties. As
FAR EASTERN SURETY & INSURANCE CO., INC., defendant-appellee. the terms of the policies are clear, express and specific that only amputation of the left hand should be
considered as a loss thereof, an interpretation that would include the mere fracture or other temporary
x---------------------------------------------------------x disability not covered by the policies would certainly be unwarranted.

G.R. No. L-16144 April 29, 1961 WHEREFORE, the decision appealed from is hereby affirmed, with costs against the plaintiff-
appellant.
DIOSDADO C. TY, plaintiff-appellant,
vs. Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ.,
CAPITAL INSURANCE & SURETY CO., INC., defendant-appellee. concur.

x---------------------------------------------------------x

G.R. No. L-16145 April 29, 1961

DIOSDADO C. TY, plaintiff-appellant,

vs.
CAPITAL INSURANCE & SURETY CO., INC., defendant-appellee.

V. B. Gesunundo for plaintiff-appellant.

M. Perez Cardenas for defendant-appellee.

LABRADOR, J.:

Appeal from a judgment of the Court of First Instance of Manila, Hon. Gregorio S. Narvasa, presiding,
dismissing the actions filed in the above-entitled cases.

The facts found by the trial court, which are not disputed in this appeal, are as follows:

At different times within a period of two months prior to December 24, 1953, the plaintiff herein
Diosdado C. Ty, employed as operator mechanic foreman in the Broadway Cotton Factory, in Grace
Park, Caloocan, Rizal, at a monthly salary of P185.00, insured himself in 18 local insurance companies,
among which being the eight above named defendants, which issued to him personal accident policies,
upon payment of the premium of P8.12 for each policy. Plaintiff's beneficiary was his employer,
Broadway Cotton Factory, which paid the insurance premiums.

On December 24, 1953, a fire broke out which totally destroyed the Broadway Cotton Factory.
Fighting his way out of the factory, plaintiff was injured on the left hand by a heavy object. He was
brought to the Manila Central University hospital, and after receiving first aid there, he went to the
National Orthopedic Hospital for treatment of his injuries which were as follows:

1. Fracture, simple, proximal phalanx index finger, left;

2. Fracture, compound, comminuted, proximal phalanx, middle finger, left and 2nd phalanx, simple;

3. Fracture, compound, comminute phalanx, 4th finger, left;

4. Fracture, simple, middle phalanx, middle finger, left;

5. Lacerated wound, sutured, volar aspect, small finger, left;

6. Fracture, simple, chip, head, 1st phalanx, 5th digit, left. He underwent medical treatment in the
Orthopedic Hospital from December 26, 1953 to February 8, 1954. The above-described physical
injuries have caused temporary total disability of plaintiff's left hand. Plaintiff filed the corresponding
notice of accident and notice of claim with all of the abovenamed defendants to recover indemnity
under Part II of the policy, which is similarly worded in all of the policies, and which reads pertinently
as follows:

INDEMNITY FOR TOTAL OR PARTIAL DISABILITY