LAMPANO v. JOSE

Facts: The defendant, Mariano Barretto, constructed a house for the other defendant, Placida Jose. Subsequently, Jose sold the house to the plaintiff, Antonina Lampano. The house was destroyed by fire. At the time of the fire Lampano still owed Jose and Jose still owed Barretto on the cost of the construction. After the completion of the house and sometime before it was destroyed, Barretto took out an insurance policy upon it in his own name, with the consent of Jose. After its destruction, he collected P3,600 from the insurance company.

The plaintiff alleged in her complaint that there was a verbal agreement between her and Jose, at the time of the purchase and sale of the house, to the effect that the latter agreed to deliver to her the insurance policy on the building; that she did not learn that the policy was in the name of Barretto until after the fire; and that neither Jose nor Barretto has any right to the insurance or to the money received therefrom. She prayed for judgment against each of them for the sum of P3,600, the amount of the insurance collected.

Issue: WON Barreto as building contractor has an insurable interest in the completed building pending the payment of the construction price.

Held: It is well settled that a policy of insurance is a distinct independent contract between the insured and insurers, and third persons have no right either in a court of equity, or in a court of law, to the proceeds of it, unless there be some contract or trust, expressed or implied, between the insured and third persons. The trial court did not find that such verbal agreement existed as contended by plaintiff.

In the case at bar Barretto assumed the responsibility for the insurance. The premiums were paid by him without any agreement or right to recoup the amount paid therefor should no loss result to the property. It would not, therefore, be in accordance with law and his contractual obligations to compel him to account for the insurance money, or any part thereof, to the plaintiff, who assumed no risk whatever.

There can be no question that Barretto had an insurable interest in the house. He constructed the building, furnishing all the materials and supplies, and insured it after it had been completed.