Answer the following questions with legal basis. Start with a categorical answer (whether "yes" or "no") and proceed to explain your answer by using the provisions and principles of law as basis. Copy the question before you answer.

1. VON wants to celebrate his birthday with a party. He hired MARIA for a fee to provide for entertainmentby singing 10 songs for the entire duration of the party. On the day of the party, a strong typhoon hit the locality where MARIA resides causing unexpected flashfloods which destroyed MARIA'S house and possessions and making roads impassable. MARIA failed to perform during VON's party. VON filed an action against MARIA for damages due to breach of contract. In her defense, MARIA said that her obligation is already extinguished due to fortuitous event. Is MARIA correct? (7 POINTS)

2. XYZ INSURANCE COMPANY entered into an insurance contract with BEN over the latter's car in which the company has obligated itself to indemnify BEN for all injuries sustained by the car including fortuitous events. An earthquake occurred and caused major damages on BEN's car which required repairs amounting to P1,000,000.00. BEN sued XYZ INSURANCE COMPANY for indemnity for damages sustained for the car's repairs. XYZ refused to pay claiming that its obligation is extinguished because the damage to the car is due to fortuitous event. Is XYZ correct? (8 POINTS)