CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (2)
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CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (2)
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INSURANCE AND REINSURANCE LAW CASES
| HALIFAX BUILDING SOCIETY AND ANOTHER V. KEIGHLEY AND ANOTHER | INSURANCE AND REINSURANCE LAW:-Fire insurance – Mortgaged property – Where taken out by mortgagor outside of deed terms – Party entitled to same |
| IN RE KING, DECD.ROBINSON V. GRAY | INSURANCE AND REINSURANCE LAW:- Interest of third party in policy – Landlord and tenant – Covenant – Covenant to keep premises insured against fire in joint names of lessor and lessee and to reinstate in event of damage or destruction by fire – Premiums paid by lessee – Premises destroyed – How treated |
| INGOSSTRAKH INSURANCE COMPANY LIMITED V. FIOGRET LIMITED & ORS | INSURANCE AND REINSURANCE LAW:-International contract of insurance for the carriage of goods by sea – Bailment – Enforcement of – Whether can be at the instance of third party bailers – Section 68 of the Insurance Act of 1997 which makes a third party entitled to claim against an insured in respect of a risk insured against a right to join the insurer of that risk in an action against the insured in respect of the claim – Whether repealed by Insurance Act 1997 which contained no provision giving right to a third party to claim against Insurance Company |
| INTERNATIONAL BANK FOR WEST AFRICA LTD. V. CRUSADER INSURANCE COMPANY (NIG) LTD | INSURANCE AND RE-INSURANCE LAW:- Assurance policy – Nature of the right to receive any payment under an insurance policy as a chose-in-action – Assignment of the right to payment to third payment – Conditions that must be satisfied to make same valid – Effect of failure thereto INSURANCE AND REINSURANCE LAW:- Insurance policy – Assignment of – When assignee entitled to sue in own name INSURANCE AND REINSURANCE LAW:- Equitable assignment of insurance policy – How effected – Nature of right created – Form of words required to create same – When confers right to sue in assignee’s name – Whether it must be absolute and not purporting to be by way of charge only and notice thereof must be given to the debtor or person against whom the assignment is to be enforced in order to obtain the benefit of the Act INSURANCE AND REINSURANCE LAW:- Insurance policy – Nature of as a legal choses in action – Assignment of – Conditions precedent – Need to strictly comply herewith – Unstamped deed of assignment of a policy of life assurance – Validity of INSURANCE AND REINSURANCE LAW:- Life Insurance policy – When deemed to have lapsed – Revival of lapsed policy – Rule that a policy which has lapsed may be revived either by agreement between the parties or by some conduct of the insurers as to estop them from denying that the policy is subsisting – Need to satisfy stipulated conditions precedents – Nature of qualifying conduct that can ground estoppel |
| J.E. OSHEVIRE LTD. V. TRIPOLI MOTORS | INSURANCE AND REINSURANCE LAW:- Motor vehicle insurance – Repair of insured vehicle – Contract of with repairer – Nature of the agreement INSURANCE AND REINSURANCE LAW:- Motor vehicle insurance – Repair of insured vehicle – Contract under tripartite agreement to repair – Whether two types of contract thereunder |
| JARMAKANI TRANSPORT LTD V. KALLA | INSURANCE AND REINSURANCE LAW:- Motion by BRITISH INDIA GENERAL INSURANCE CO. LTD. Legislation – 1963 Constitution of the Federation, s.117(6)(a) – How treated |
| JESSICA TRADING CO. LTD. V. BENDEL INSURANCE CO. LTD. | INSURANCE AND REINSURANCE LAW:- Marine insurance policy – Meaning of – Section 2 and 3 of the Marine Insurance Act. INSURANCE AND REINSURANCE LAW:- Contract of marine insurance – Validity of – Condition precedent thereto – Section 24(1) of the Marine Insurance Act – Where policy of insurance has expired – Whether any form of compromise between insurer and insured enforceable. INSURANCE AND REINSURANCE LAW:- Marine insurance – Voyage policy – Time policy – Meanings of and distinction between – Whether both mutually exclusive – Relevant consideration – Section 27 of the Marine Insurance Act considered |
| JUREIDINI V. NATIONAL BRITISH AND IRISH MILLERS INSURANCE COMPANY | INSURANCE AND REINSURANCE LAW:- Fire Insurance – Policy – Arbitration Clause as to Amount of Claim – Condition Precedent to Action – Repudiation going to Root of Contract – Waiver |
| KOMOLAFE V. ONANUGA | INSURANCE AND REINSURANCE:- Motor Vehicle Insurance – Claim for indemnification against awards that may arise from an action for damages arising from negligent driving of driver of insured person – Where driver ona frolic of his own – Where insured owner only gave notice of suit to the insurer after its conclusion – Whether breach of condition of precedent to attachment of liability INSURANCE AND REINSURANCE:- Claim for negligent driving against insured owner of vehicle – Joinder of insurance company to suit by insured – Propriety of – Whether insurer can by acquiescence become a proper party thereto |
| LADUN MARTINS V. NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD. | INSURANCE AND REASSURRANCE: – Third Party Insurance Policy –Motor Vehicle – Claim for damages for negligent driving of motor vehicle – Statutory requirement that notice of action be served on insurers – Section 10(2)(a) of the Motor Vehicles (Third Party Insurance) Act Cap 126 – Whether mandatory that the notice be sent by registered post INSURANCE AND REASSURRANCE:- Statutory requirement that notice of impending action be served on insurers – Form of letter that is deemed sufficient – Whether must be in a particular form – Particulars a letter need to disclose to constitute a sufficient notice of action INSURANCE AND REASSURRANCE:- Insurance Policy – Construction of towards the determination of the liability of the insurer – When insurer’s liability has become fixed by the capital fact of a loss within the range of the responsibility assumed in the contract – Attitude of courts to invitation to deprive an insured of the accrued benefit of indemnification arising from insurer’s liability based on narrow or technical construction of the conditions and stipulations of the Policy INSURANCE AND REASSURRANCE:- Action brought against a defendant entitled to indemnification under a policy of insurance – Statutory requirement that notice of action be served on insurers – Whether service of notice of action on agent of insurer is valid service on the insurer – Whether notice of the proposed action within s. 10(2) (a) of the Act is only valid if given by the Policy-holder or his legal personal representative – Whether service of notice of action by Plaintiff’s solicitor on the insurer’s company is sufficient notice INSURANCE AND REASSURRANCE:- Enforcement of Third-Party Insurance Policy – Application by insured defendant for the joinder of insurance company as a party to suit brought against him for negligent driving – Propriety of – How treated |
| LAW UNION AND ROCK INSURANCE OF NIG. LTD. V. LIVINUS ONUOHA | INSURANCE AND REINSURANCE LAW:- Insurance policy – Claim thereunder – Insurable interest Of claimant – How determined – What court need consider in determining |
| LAW DEBENTURE TRUST CORPORATION (CHANNEL ISLAND) LIMITED V. LEXINGTON INSURANCE COMPANY & OTHERS | INSURANCE AND REINSURANCE LAW:– Complex transaction insurance – Film projects – Assurance and Reinsurance contracts – Enforcement of – How treated |
| M H SMITH (PLANT HIRE) LTD V. D L MAINWARING | INSURANCE AND REINSURANCE LAW:- Subrogation – Winding up of plaintiff company – Application to substitute insurers as plaintiffs – Whether insurers having right of action against defendants – Companies Act 1985, ss 651, 654. |
| MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYA | INSURANCE AND REINSURANCE LAW:- Person insured against third party risks – Whether can maintain an action for damages against third parties for indemnified damages INSURANCE AND REINSURANCE LAW:- Breach of statutory duty to procure insurance cover for vehicle – Duty to prove same – On whom lies – Evidence deemed inadmissible thereto –Whether proof entitles any claimant to damages as sufficient evidence of negligence |
| MARK KAYODE V. ROYAL EXCHANGE ASSURANCE | INSURANCE AND REINSURANCE LAW:- Claim for damages for breach of contract of insurance -Interpretation of the non-liability clause in contract – Effect of arbitration clause in contract |
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