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C O M P LA I N T
cargoes processed by the company at the customs office are kept and
stored prior to their delivery to its clients;
of the loss or damage and, more significantly, the fact that plaintiff did
not own the goods insured but only held them for safekeeping and
storage for its customers; photocopies of the Incident Report and
Sworn Statement of Loss are hereto attached as Annexes C and D,
respectively;
12) On March 23, 2010, plaintiff, through its lawyer, Atty. Jose
B. Ferrer, made formal demand upon defendant to pay its claim under
Fire Insurance Policy No. F-0001-200802575 in the total amount of
P7,109,061.63; in a letter dated May 19, 2010 addressed to plaintiffs
counsel, defendant denied plaintiffs claim citing, among others, the
ground that the policy it issued expressly excluded from its coverage
5
13) On July 16, 2010, plaintiff, this time acting through its
president, Ma. Lourdes M. Austria, wrote defendant a second letter
expressing frustration and disappointment over the denial of its
claim and asking defendant to reconsider its decision; in the same
letter, plaintiff served formal notice upon defendant that it was
cancelling Fire Insurance Policy No. F-0001-201000044 for the
reason that it was the same policy, containing the same terms and
conditions, as its predecessor under which plaintiffs claim was
denied; a photocopy of the letter is hereto attached as Annex G;
P RAY E R
Other reliefs just and equitable under the premises are likewise
prayed for.
JESUS A. OBRA
Counsel for Plaintiff
20 Y. Catral St., BFRV, Las Pias City
PTR No. 10156520J/2-25-11/L.P.
Roll of Attorneys No. 32568
IBP No. 862982/4-8-110/Pasig City
MCLE Exemption No. III-000570
August 11, 2009/ Pasig City
2) Plaintiff has not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and to the best of my
knowledge, no such other action or claim is pending therein;
3) Should I hereafter learn that the same or similar action or claim has
been filed or is pending before any court, tribunal or quasi-judicial agency, I
undertake to report said fact within five (5) days from such knowledge to this
Honorable Court.