BUILDING & BRIDGING ENGINEERS LTD VS VANGUARD ASSURANCE COMPANY LTD.
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE DOREEN G. BOAKYE- AGYEI
Areas of Law
- Insurance Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute between an insured party (Plaintiff) and an insurance company (Defendant) over coverage for a damaged excavator. The court had to determine whether the exclusion clause in the insurance policy applied, whether the Fire Service Report established the proximate cause of the fire, and whether the Plaintiff was entitled to their claim. The court ruled that the exclusion clause did not apply, as fire was not specifically excluded in the policy. It also found that the Fire Service Report did not conclusively establish the proximate cause of the fire. The court held that the Plaintiff was entitled to compensation for repair costs but not for loss of use/revenue. The case highlights important principles in insurance law, including the interpretation of insurance contracts, the doctrine of proximate cause, and the application of the contra proferentem rule in cases of ambiguity.
The Plaintiff on the 7th of November, 2014, issued out a Writ against the Defendant for the following Reliefs:
1. The sum of GHC 146,689.00 for repairs to the said insured excavator.
2. The sum of GHC 177,000.00 for loss of use/revenue for the said insured excavator.
3. Interest on (a) and (b) above calculated at the simple commercial bank rate of 28% from 25th April 2014 until same is fully and completely paid.
4. Punitive damages for wrongful/intentional denial of coverage/liability.
5. Costs, including Attorney fee.
6. Any other and further reliefs as Plaintiff shall be entitled under the circumstances of the case.
The Defendant on 12/11/2014 also entered an Appearance followed by a Statement of Defence denying the Plaintiff’s claims. After an unsuccessful Pre-trial, the matter came to this Court for trial with the following issues set down:
1. Whether or not the Fire Service Report dated 18th July, 2014, established the proximate cause of the fire?
2. Whether or not the exclusion clause is applicable under the comprehensive insurance policy Plaintiff took with the Defendant?
3. Whether or not the Defendant delayed in response to Plaintiff’s claim?
4. Whether or not Plaintiff is entitled to its claim?
The brief facts of the case as per the record are that the parties herein engaged in a bargain for the “comprehensive” insurance of the Plaintiff’s equipment, inclusive of the equipment in issue. The Defendant, upon Plaintiff’s request, issued a “comprehensive” insurance policy for the coverage of Plaintiff’s Sany excavator 2012 L2SY03327968/TS with registration number SY 335 C under policy number P-101-8003-2014-000002, with effect from 04/04/2014 to 28/03/2015, respective dates included.
Plaintiff paid the premiums charged by the Defendant in respect of the “comprehensive” insurance. As a backdrop, therefore, undisputed facts will serve a useful purpose and put the case in perspective. Both parties agree that there was indeed a (comprehensive) insurance policy in place between them for Plaintiff’s Sany Excavator 2012 effective from 4th April 2014 to 28th March 2015. On 21/04/2014, the subject insured caught fire and was damaged. On 29/05/2014, the Plaintiff made a claim to the Defendant to discharge its obligation under the insurance policy. The Defendant then requested a Fire Service report, which Plaintiff provided, dated 18/07/2014. On 20/08/2014, the Defendant denied coverage of the claim based on the Fire Service report, and t