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CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (4)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (4)

[Judgment(s) are listed and published here for free but can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANORINSURANCE AND REINSURANCE – NDIC:- Security of deposits in a banking institution – Role of the Nigerian Deposit Insurance Company – Legal basis – How treated
NUH V. UNITED NIGERIA INSURANCE COMPANY LIMITED  INSURANCE AND REINSURANCE:- Property Insurance – Duty to notify insurer of change in address – How satisfied – Agent of insurer – Whether proper authority for same COMMERCIAL LAW – AGENCY:- Insurance agent – Powers of to bind principal – Whether extends to variation of condition in Insurance Policy – How treated
ODUBANJO V. NEW INDIA ASSURANCE COMPANY LTD  INSURANCE AND REINSURANCE LAW:- Action to recover on insurance policy – Negligence causing Motor Vehicle accident – Insurance company alone sued as Defendant – Where no disclosure as to person insured or as to who drove vehicle negligently – Whether action maintainable – Motor Vehicles (Third Party Insurance Act Acp. 126 SS 10 &11Third Parties (Rights against Insurances) Act, 1930 considered
ODYSSEY RE (LONDON) LIMITED V. OIC RUN-OFF LIMITED INSURANCE AND REINSURANCE:- Complex insurance dealings – Agreements among insurers relating to run-off of some insurance business underwritten to which they were exposed in various proportions of some complexity – Matters arising therefrom – How treated
OGBARA V. AFOLABI INSURANCE AND REINSURANCE:- Motor-vehicle insurance Policy – Right to action thereunder – Whether extends to action based on negligence/tort simpliciter between drivers/owners of insured vehicles – When an insurance company can be properly joined in such proceedings
TRINITY MILLS INSURANCE AND FIDELITY BOND OF NIGERIA V. UNIC INSURANCE PLC AND 9 OTHERS.INSURANCE AND REINSURANCE:– Whether it is competent for the Minister of Petroleum Resources to appoint brokers or coordinating brokers or to remove such brokers who have been duly appointed
UNITY LIFE  & FIRE INSURANCE CO. LTD. V. D.A. LADEGA & ORS.                    INSURANCE AND REINSURANCE:- Car collision accident – Where negligence is established against defendant driver – Payment by insurers of claims plaintiff’s car – Whether settlement of the claim made on them by plaintiff’s insurers does not diminish the defendants’ liability – Claims for general damages based on evidence of pain and suffering – Failure to call medical evidence – How treated INSURANCE AND REINSURANCE:- Third-party policy insurance – Enforcement of – Application to join insurance company to suit brought against their policy holder at the instance of a third party     – Validity of – a third party who wants to join an insurer to a suit brought against the insured must first show that the insurer has been served with the requisite notice under Section 54 (2)(a) of Cap 183 INSURANCE AND REINSURANCE:- When a third party joins an insurer to a suit brought against the insured – Need for the court to first determine what the third party claim from or against the insurer and the basis of that claim –  Where claim based on negligence of insured defendant – Duty of court thereto INSURANCE AND REINSURANCE:- Common law rule as to privity of contract and insurer’s liability as to a policy of insurance – Effect of Section 54) of the Insurance Act, 1976 as well as Section 11 of the Insurance (special Provisions) Decree No 40 of 1988 – Need for a third party wishing to take advantage Section 11 to show that he had previously complied with Section 54 of the Insurance Act 1976 – Effect of failure thereto
UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANORINSURANCE AND REINSURANCE LAW:-Property insurance – Total damage of property by fire – Where premium paid for property is based on an undervalued estimation of property actual value – Whether ground for court to reasonably infer failure in the exercise due of diligence in and  duty of care against party charged with securing the insurance
UNITY LIFE  & FIRE INSURANCE CO. LTD. V. D.A. LADEGA & ORS.INSURANCE AND REINSURANCE LAW:- Action against insured by third party, Privity of contract
UPJOHN V. HITCHENSINSURANCE ANS REINSURANCE LAW: Covenant to insure against Loss and Damage by Fire – War Risks Excepted – Construction of Covenants
WADA DARMA V. LION OF AFRICA INSURANCE COMPANY LIMITEDINSURANCE AND REINSURANCE LAW:- Contract of – Policy of insurance – Breach of condition –  Evidence in proof of – Burden of proof of breach of condition of policy of insurance – Defence of waiver by conduct – Need for same to be pleaded
YADIS NIGERIA LIMITED V. GREAT NIGERIA INSURANCE COMPANY LIMITED              INSURANCE AND REINSURANCE:- Fire Insurance Policy covering certain goods in a specified property and location – Clause requiring endorsement on the policy by Insurance company before goods can be moved – Notice to Insurance company as to intention or need to move goods to another location – Whether satisfies the clause as to attach liability on insurance company in even of loss INSURANCE AND REINSURANCE LAW:- Principle that that a contract of insurance should be one of utmost good faith – uberrima fidei – Rule that a prima facie contract of insurance only comes into existence the moment an insurance proposal in the normal form is accepted unequivocally without qualification by the insurers – Implication for attachment of liability INSURANCE AND REINSURANCE LAW:- Fundamental Clause of a policy of insurance – Breach of – Effect – Stipulation within a contract that implies an offer – Where acceptance not proved – Legal implications
ZACCHUS ODUNSI V. INSPECTOR-GENERAL OF POLICE          INSURANCE AND REINSURANCE – THIRD PARTY INSURANCE:- Offence under the Motor Vehicles (Third Party Insurance) Ordinance – How proved – Whether failure to produce Certificate of insurance even where car owner had one constitutes the offence – INSURANCE AND REINSURANCE – THIRD PARTY INSURANCE:- Legislation – Motor Vehicles (“Third Party Insurance) Ordinance – Purpose of – Whether the Motor Vehicles (“Third Party Insurance) Ordinance does not make it obligatory for the driver to carry the certificate of insurance on his person – Whether in the case of an accident the driver has 24 hours to produce the certificate but that if there be no accident he must produce it at once – Whether the production of the certificate should be made within a reasonable time after it was requested – Reasonable time – Whether depends on the circumstances of each case
ZECO NIGERIA LIMITED V. LEADWAY ASSURANCE COMPNAY LIMITEDINSURANCE AND REINSURANCE LAW:- Loss of insured goods – Where contract of insurance requires report of loss/claim within a stipulated time – Whether oral report of same suffices – How treated
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