CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (3)
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CASES/JUDGMENTS ON INSURANCE AND REINSURANCE LAW IN NIGERIA (3)
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| TITLE | MAIN ISSUES |
| MARTINS V. NATIONAL EMPLOYERS MUTUAL GENERAL | 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 |
| MATTAR V. NORWICH UNION FIRE INSURANCE SOCIETY LTD. | INSURANCE AND REINSURANCE:- Insurance Policy covering theft following upon an actual forcible and violent entry or damage by thieves following such entry” in respect of goods and other property in a shop – Condition in policy to “keep a complete set of Books, Accounts and Stock Sheets or Stock Books showing a true and accurate record of all business transactions, and stock in hand” – How satisfied INSURANCE AND REINSURANCE:- Warranties of insurance – Condition framed in general terms in contradistinction from condition which goes into details – Nature of performance required to satisfy each category – Effect of failure thereto |
| MESSRS. CENTURY INSURANCE CO. LTD V. ATUANYA | INSURANCE AND REINSURANCE:– Whether there was misrepresentation of facts INSURANCE AND REINSURANCE:- Motor Vehicle Insurance – Duty of good faith – Proposer’s duty to disclose every material fact – Innocent mistatement – Whether amounts to fraudulent concealment of material information discharging insurer from liability – Meaning of fraudulent representation – Whether extends to honestly held facts or information which had changed where knowledge of such change was unknown to the insured policy maker/proposer INSURANCE AND REINSURANCE:- Validity and enforceability of insurance policy – Duty of proposer to disclose every material fact to the insurer – Standard – Belief honestly held on reasonable grounds by proposer – How determined – Whether a proposer is bound to disclose what he actually knows and what he can ascertain by inquiries which he is reasonably expected to make Distinction between standard of disclosure required for maritime insurance and other categories of insurance – Legal effect |
| MORLEY V. MOORE | INSURANCE AND REINSURANCE LAW:-Motor car – Collision – “Knock-for-knock” agreement – Right of assured to recover from other car owner – Relevant considerations |
| MUMFORD HOTELS LTD. V. WHELER AND ANOTHER. | INSURANCE AND REINSURANCE LAW:- Interest of third party in policy – Landlord’s covenant to insure – Whether enuring for benefit of tenant – Whether landlord bound to use policy moneys to reinstate. |
| NASIDI V. MERCURY ASSURANCE CO. LTD. | INSURANCE AND REINSURANCE LAW:- Motor vehicle insurance – Claim to recover sun due under policy – Lapse and renewal of insurance contract – Where disputed – Determination of – Relevant considerations INSURANCE AND REINSURANCE LAW:- Insurance Agent – Express and ostensible authority – Power to bind principals with regard to dealings with third parties without notice to principal – Agent with authority to issue cover notes – Whether principal can deny liability arising therefrom INSURANCE AND REINSURANCE LAW:- Motor vehicle insurance – Calculation of value payable on policy – Depreciation – Fair and reasonable estimate – Whether open to court |
| NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD V. LADUN MARTINS | INSURANCE AND REINSURANCE:- Motor vehicle insurance – Third party enforcement of insurance policy indemnifying policy holder in respect of sums which he shall become legally liable to pay for bodily injury to any person caused by, or arising out of the use of insured motor vehicle – Denial of liability by insurer on ground that proper notice of the bringing of the proceedings as required by Section 10(2)(a) of the Motor Vehicles (Third Party Insurance) Act Cap. 126 was given to the insurers – What constitutes proper notice |
| NGILLARI V. NATIONAL INSURANCE CORPORATION OF NIGERIA, NICON | INSURANCE AND REINSURANCE LAW:- Contract of insurance – When deemed created – What constitutes acceptance – Relevant considerations – Whether necessary to be in writing – Whether insurer need issue a formal policy – Whether payment of insurance premium is a condition precedent INSURANCE AND REINSURANCE LAW:- Insurance agent – Scope of authority of – Payment of premium to agent – When binding on insurer – Rule that the agent is presumed to have not only the express authority bestowed upon him by his principal but also impliedly the further authority to do all things necessary in the ordinary course of selling insurance policy by making sure that he presented correctly the terms and conditions of the insurance before accepting payment of premium from the insured – Legal effect INSURANCE AND REINSURANCE LAW:- Assurance or Life insurance – Where assured agreed terms on proposal form, signed same, made requisite payment but died before Policy document was delivered – Whether a valid contract of insurance exist INSURANCE AND REINSURANCE LAW:- Marine insurance – As exception to the rule that there is no legal necessity of any written form to create an insurance contract – Legal effect INSURANCE AND REINSURANCE LAW:- Proposal form – When can form basis for a valid insurance contract – Terms therein – Bindingness of – Whether can constitute policy of insurance |
| NATIONAL INSURANCE CORPORATION OF NIGERIA, NICON V. POWER AND INDUSTRIAL ENGINEERING COMPANY LIMITED | INSURANCE AND REINSURANCE LAW:- Marine Insurance – Contract of Marine Insurance – Inadmissibility under S24(1) of Marine Insurance Act 1961 unless embodied in Marine Insurance Policy – Insurer issuing no formal policy but all essential requirements of floating policy as prescribed in Act contained in Marine open cover issued by it and described ex facie as Marine Policy – Sufficiency of said open cover as policy for purpose of proving contract between parties – Limitation in open cover of insured risks to shipments made after date specified therein – Variation by subsequent Insurance Certificate basing particulars of insured interests on shipping document showing shipment before that date – Loss of goods at sea after conclusion of contract but t-fore demand for and payment of premium – Entitlement of assured to indemnity |
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