[2015]DLHC17338 • July 7, 2015 • High Court
MANTRAC GHANA LTD vs. STAR ASSURANCE COMPANY LTD
The Plaintiff, Mantrac Ghana Ltd, insured its properties under an Assets All Risks Policy with the Defendant, Star Assurance Company Ltd. Following heavy rainfall and flooding in October 2011, the Plaintiff claimed compensation for damaged properties including buildings, machinery, computers, vehicles, and goods held in trust or on commission. The Defendant paid part of the claim but refused to pay for certain items, particularly those belonging to subsidiary companies or third parties. The dispute centered on whether the insurance policy covered properties of subsidiaries and third parties, and whether the Defendant was liable for unpaid claims.
read moreJUDGMENT The Plaintiff claimed against the Defendant the following reliefs: a. Recovery of cash the sum of GH¢1,367,527.92 being the balance of full compensation of insurance as per an Assets All Risks Policy Cover taken by the Defendant Company with Policy No. SAC-01-ARR-11-0291 USD-P which the Defendant Company insured the Plaintiff’s properties with all its divisions throughout the country where it operates. b. General Damages for breach of contract or in the alternative interest at the current bank lending rate from 25-10-2011 to the date of final payment. c. Costs. The Plaintiff in its Statement of Claim contended that it had an Assets All Risks Policy with the Defendant Company from 1st January 2011 to 31st December 2011. The properties insured included buildings, fixtures and fittings as well as plant and machinery. It also included furniture, computers and accessories, raw materials and work in progress as well as goods held in trust or on commission with others. Th...