Tuesday, 10 December 2013

JOINDER OF INSURANCE AND LIABILITY OF INSURER TO THIRD PARTIES QUOTES

Today's case on Nigerian Insurance Court Cases blog: 

ISSUES:
Insurance;
1. Sum at which a property is insured, whether guide to value in the open market.
2. Liability of insurer to third parties, basis of liability. 3. Joinder of insurance, cost of litigation, how settled.

PRINCIPLES:
1. The sum for which a property is insured is no guide to the price which it will fetch in the open market -Suit SC.106/64 between Aderoungboye and NBN on the 14th of january, 1966 before AJEGBO JSC.

2. An insurer is not liable for the injury caused to the third party by the insured unless the insured is liable -Suit SC.280/68 in Re:Royal Exchange Insurance on the 21st of november, 1969 before Madarikan JSC.

3. If an insurer who has been made a party to a suit by virtue of an application of an insured is successful, the insurer is entitled to half the amount awarded as costs at the lower court. -Suit FSC.24/1957 between Azukemu and Nnajuba on the 30th of december, 1957 before Foster Sutton FCJ.


QUOTES:

3. "Mr. mitchell, counsel for the appellant stated that if his clients were successful on this appeal he would only ask for an order of 50% of their costs in the court below, such order to be against the first defendant upon whose motion his clients were joined, and they would not ask for any costs on this appeal" -Suit FSC.24/1957 between Azukemu and Nnajuba on the 30th of december, 1957 before Foster Sutton FCJ.

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