[1962]DLHC1428 • May 18, 1962 • High Court
E. SFEIR & CO vs. NATIONAL INSURANCE COMPANY OF NEW ZEALAND, LTD. PER GLYNDOVA (GHANA) LTD.
Plaintiff firms insured cargo with the National Insurance Company of New Zealand Ltd. under marine insurance policies on the ship S.S. Bygdoy. Claims for loss of cargo were made against the insurer, who was sued through their local agents, Glyndova Ghana Ltd. The plaintiffs alleged Glyndova were agents authorized to pay claims. Glyndova denied being agents with authority to sue or be sued on behalf of the insurer, claiming their role was limited to claim assessment and forwarding documents.
read moreJUDGMENT OF OLLENNU J. Each of the plaintiff-firms in these consolidated suits is insured with the National Insurance Company of New Zealand ltd., the defendants in each of the said suits, and each claims for loss suffered of cargo they insured with the defendant-company under a marine insurance policy upon the ship S.S. Bygdoy and cargo. In each of the said suits the National Insurance Company of New Zealand Ltd., hereinafter called the Insurance Company, were sued per Messrs. Glyndova (Ghana) Ltd., hereinafter called Glyndova, as their agents. It was pleaded for the plaintiffs that Glyndova are local agents by whom claims made on the Insurance Company are payable. Glyndova denied that they are agents of the Insurance Company as pleaded by the plaintiffs. They say that the duties they have to perform for the Insurance Company are limited to the assessment of claims on behalf of the Insurance Company, and the forwarding of documents to the Insurance Company or branches there...