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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

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.

JUDGMENT