VANGUARD ASSURANCE CO. LTD. vs. JULIANA DARKO

The facts leading to the suit and the judgment from which this appeal emanates are relatively simply. The protagonists in this case entered into a contractual relationship whereby the plaintiff/respondent (hereinafter only referred to as the plaintiff) took out an Assets All Risks Insurance Policy with the defendant/appellant (hereinafter only referred to as the defendant). The plaintiff was at all material times a limited liability company engaged in the business of importation, distribution and sale of pharmaceutical products whilst the defendant was a limited liability company engaged in the business of insurance and related activities. On the 11/11/2008, the plaintiff took out the insurance policy in respect of the plaintiff’s assets including its warehouse and the products contained therein. The warehouse in question was located at Plot No. 17, Section 48, North Kaneshie, Accra and the products included a quantity of Wormplex 400 Albendazole tablets. It was the practice of the p.....