![]() Received (subject to the following stipulations and agreements) the sum of four hundred and thirty-three pesos, being the amount of the first year's premium for a Life Assurance Policy on the life of Mr. The "provisional policy" upon which this action rests reads as follows: de Lim, to recover from the Sun Life Assurance Company of Canada the sum of P5,000, the amount named in the provisional policy. The instant action is brought by the beneficiary, Pilar C. The first premium of P433 was paid by Lim, and upon such payment the company issued what was called a "provisional policy." Luis Lim y Garcia died on August 23, 1917, after the issuance of the provisional policy but before approval of the application by the home office of the insurance company. de Lim, the plaintiff herein, as the beneficiary. In his application Lim designated his wife, Pilar C. ![]() On July 6, 1917, Luis Lim y Garcia of Zamboanga made application to the Sun Life Assurance Company of Canada for a policy of insurance on his life in the sum of P5,000. This is an appeal by plaintiff from an order of the Court of First Instance of Zamboanga sustaining a demurrer to plaintiff's complaint upon the ground that it fails to state a cause of action.Īs the demurrer had the effect of admitting the material facts set forth in the complaint, the facts are those alleged by the plaintiff. SUN LIFE ASSURANCE COMPANY OF CANADA, defendant-appellee.
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