INSURANCE AND REINSURANCE LAW CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[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]
INSURANCE AND REINSURANCE LAW CASES
| TITLE | MAIN ISSUES |
| ACHONU V. NAT. EMPLOYMENT MUTUAL INSURANCE COMPANY (NIG) LTD | INSURANCE AND REINSURANCE LAW:- Comprehensive insurance on motor vehicle – Plaintiff claiming higher sum but accepting lower sum as full and final settlement – Action brought after collection – Defence of waiver of rights – How treated |
| ADEROUNGBOYE V. THE NATIONAL BANK OF NIGERIA, (N.B.N) LTD | INSURANCE AND REINSURANCE LAW:- Evaluation of claims -Sum for property assured – Whether guide to price in open market |
| AJUFO V. AJARBOR AND OTHERS.
|
INSURANCE AND REINSURANCE LAW:- Third party policy – Occurrence of risk insured – Proceedings against insured – Joinder of Insurer – Effect obligation of insurer to insured – When arising – Procedure for claims against insurer by insured – S. 10, Motor vehicles (Third Party Insurance) Act, Cap. 126, Laws of the Federation of Nigeria |
| AJALA V. AMERICAN LIFE INSURANCE CO. INC
|
INSURANCE AND REINSURANCE LAW:- Insurer and insured – Insured dying before end of agreement -Regular payment of premium made by insured -Policy providing for 31 days’ grace for payment of premium when due – Claim made by personal representatives for sum due on policy – Proper treatment of |
| AMERICAN INTERNATIONAL INSURANCE CO. V. CEEKAY TRADERS LIMITED | INSURANCE AND REINSURANCE LAW:- Marine Insurance – Jurisdiction for claims arising thereto – Applicable statute(s) |
| ALLEN AND OTHERS V. JAMBO HOLDINGS
|
INSURANCE AND REINSURANCE LAW:- Aviation Insurance – Existence of insurance policy against litigation claims – Admissible evidence of same as security against a Mareva (Freezing) Injunction- Need to show the insurance corporation have accepted responsibility or other relevant considerations – Whether mere assertion of insurance is not sufficient ground for discharging the injunction – Where insurance policy is foreign – Whether there if need to show proof of an undertaking by a local insurance company of standing |
| AZUKEMU V. NNAJUBA
|
INSURANCE AND REINSURANCE LAW:- Construction of a Policy of Insurance – “Limitations as to use” – When the insured will be entitled to indemnity in respect of any risk actually covered by the policy – “User permitted” distinguished from “risks covered” by the policy – Extent of liability of an insurer to damages arising from a vehicular accident |
| BAILY V. BRITISH EQUITABLE ASSURANCE COMPANY | INSURANCE AND REINSURANCE LAW:- Mutual assurance – Policy holder participating in profits – Power of company to alter rights of policy holder – Relevant considerations |
| BANDAR PROPERTY HOLDINGS LTD. V. J. S. DARWEN (SUCCESSORS) LTD.
|
INSURANCE AND REINSURANCE LAW:- Lease Covenant – Implied term – Covenant by lessors to insure demised premises – Covenant by lessees to reimburse, lessors in respect of premium – Insurance cover effected by lessors at premium higher than could have been obtained elsewhere – Whether lessees liable to pay excess – Whether term to be implied that lessors to act reasonably in placing insurance so as not to impose unnecessarily heavy burden on lessees |
| BRITISH AND FRENCH BANK V. JIA ENT. LTD
|
INSURANCE AND RE-INSURANCE LAW:- Insurable interest – Need to show existence of as proof of locus standi to bring suit – Debenture and floating charges generally – Meaning of – Whether sufficient to ground an interest in land under S.2 and 9 of the Land Registration Act to be admissible evidence of insurable interest – Relevant considerations INSURANCE AND RE-INSURANCE LAW:- Joint interest and joint insurance – Meaning – What constitutes – Distinction from one insurance combined in a number of persons having different interests in the subject-matter of the insurance – Legal effect |
| BRITISH EQUITABLE ASSURANCE COMPANY, LIMITED V. BAILLY | INSURANCE AND REINSURANCE LAW:– Insurance practices – Construction of insurance contract between insurers and policy holders – Life Assurance – Relevant considerations |
| BRITISH INDIA GENERAL INSURANCE CO V. KALLA
|
INSURANCE AND REINSURANCE LAW:- Right of Subrogation – Meaning and nature of – When insurer’s right is deemed to have arisen as to step into the shoes of the insured person in relation to a suit to recover damages from a defendant – Whether the right does not arise until the insurers have admitted their liability to the assured, and have paid him the amount of the loss – When right is deemed to have expired – Relevant considerations |
| BRITISH INDIA GEN. INS. CO. (NIG) LTD V. THAWARDAS
|
INSURANCE & REINSURANCE LAW:- Marine Insurance – Marine Insurance Act, 1961 – Sardines shipped from Las Palmas to Lagos insured against risks of theft, loss and non-delivery – Sardines not delivered – Claim for insured value |
| AKIN DENTON V. MUIBATU ABEJE | INSURANCE AND REINSURANCE LAW:– Motor car collision Defendant’s vehicle jumping queue at bridge – Collision with vehicle on opposite side of road First defendant joining insurance company by third party notice – Plaintiff’s insurance company paying money in lieu of repairs – Particulars of loss of use of car falsifying figure given Reason for hire of taxi for use and receipts for money paid not tendered by plaintiff – Percentage of depreciation of car arrived at by court Medical evidence not called to support claim for pain and suffering – Counsel’s duty in respect of cases re-stated |
| FADAYOMI V. MERCURY ASSURANCE COMPANY LTD
|
INSURANCE AND REINSURANCE LAW:– Insurer and insured — Claim for loss incurred as result of accident – Evidence closed for both plaintiff and defendants – Plaintiff making application to amend statement of claim – Substitution of new paragraph for old and addition of new paragraphs – Objection raised by defendants on grounds of inconvenience and prejudice – Principles to be followed by court |
| GLENCORE INTERNATIONAL AG AND ANR V. PORTMAN AND ORS | INSURANCE AND REINSURANCE LAW:– Non-disclosure of material information – When can found ground for insurers to avoid a contract of insurance – What the Court would consider |
| GLOBAL PLANT LTD. V. SECRETARY OF STATE FOR HEALTH AND SOCIAL SECURITY | INSURANCE AND REINSURANCE LAW:– Liability of employers to pay contributions under an insurance statute – Implication for nature of employment – Whether one for contract of service or for contract for services |
| GREAT NIGERIA INSURANCE COMPANY LIMITED V. LADGROUPS LIMITED
|
INSURANCE AND REINSURANCE:- Marine Insurance Policy – What constitutes under Section 24 of the Marine Insurance Act – Whether rights of parties are determined by the policy of marine insurance between the parties, certificate issued under the policy or both INSURANCE AND REINSURANCE:- Marine Insurance Policy – Construction of – Whether requires special rule of construction different from the rules of construction applicable to other commercial contracts INSURANCE AND REINSURANCE LAW:- Marine Insurance Act of 1961 and contractual freedom – Whether Act prohibits parties from agreeing to any term they like INSURANCE AND REINSURANCE:- Claim brought to recover sum due under a Certificate of Valued Policy of marine insurance covering cargo lost in a sunk ship– Insurer’s denial of liability based on alleged policy holder’s breach of conditions (usage, custom, and practice) applicable to marine insurance policies generally and conditions precedent to liability or claim as stated in the policy of insurance – part to Excess Clause – Whether inconsistent INSURANCE AND REINSURANCE:- Valued policy of insurance – Meaning of – “One in which the value of the thing insured, and also the amount to be paid thereon in the event of loss, is settled by arrangement between the parties and inserted in the policy” – Legal effect INSURANCE AND REINSURANCE:- Floating Marine Insurance Policy – Meaning and components of – Whether needs to be read and construed together with the terms in the Certificate of Marine Insurance which covers the specific transaction the covered risk of which is the subject of this litigation INSURANCE AND REINSURANCE:- Relationship between a Valued Policy and Excess Clause – Whether the idea of excess clause is inconsistent with the object and purpose of a valued policy qor insurance generally INSURANCE AND REINSURANCE:- Excess clause in Marine Insurance Policy which is not expressly written into the Certificate of Insurance pursuant thereto – Whether endorsement on certificate which made reference to terms and conditions in the policy suffices INSURANCE AND REINSURANCE:- Exemption clause – Rule that it is not open to a court to strike down an exemption clause merely on the ground that it is unreasonable – Exemptions thereto – situations expressly provided for in the Unfair Contract Terms Act 1977 – Effect |
| NEXT | 1 | 2 | 3 | 4 |
FIND JUDGMENTS OF NIGERIAN COURTS |
|
| By Substantive Areas | |
