Text of the provision
Art. 2207. If the plaintiff's property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. If the amount paid by the insurance company does not fully cover the injury or loss, the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the plaintiff's property was insured and he was indemnified by the insurer, the insurer is subrogated to his rights against the wrongdoer. If the indemnity falls short of the loss, the injured party recovers the deficiency from the wrongdoer.
Questions about this provision
Related provisions
- Article 2206 — Damages for Death.
- Article 2208 — When Attorney's Fees Are Recoverable.
Cases citing this article
- Vicente G. Henson, Jr. vs. UCPB General Insurance Co., Inc, G.R. No. 223134, August 14, 2019 — read the decision on LawPhil →
- Vector Shipping Corporation, et al. vs. American Home Assurance Co., et al, G.R. No. 159213, July 3, 2013 — read the decision on LawPhil →
- C.V. Gaspar Salvage & Lighterage Corporation vs. LG Insurance Company, Ltd., (United States Branch), G.R. No. 206892 / G.R. No. 207035, February 3, 2021 — read the decision on LawPhil →
- UCPB General Insurance, Co., Inc. vs. Pascual Liner, Inc, G.R. No. 242328, April 26, 2021 — read the decision on LawPhil →
- Filcon Ready Mixed, Inc. and Gilbert S. Vergara vs. UCPB General Insurance Company, Inc, G.R. No. 229877, July 15, 2020 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.