PRIME INSURANCE CO. LTD. vs. JOSEPH BENJAMIN TAYLOR

The plaintiff, Prime Insurance Company Limited, insured a Tata Safari vehicle owned by Lawrence Oteng Larbi under a comprehensive insurance policy. On 12 December 2009, the insured vehicle was involved in an accident with a Nissan Patrol vehicle registered to the defendant, Joseph Benjamin Taylor, who is the Area Manager of GRIDCO, Kumasi. The accident resulted in significant damage to the insured vehicle. The plaintiff paid a claim of GH¢23,512.00 to its insured and subsequently sued the defendant to recover this amount under the principle of subrogation, alleging the defendant caused the accident through negligence. The defendant denied causing the accident and claimed he was not driving the vehicle at the time. The police accident report described the incident as 'accidental' without attributing fault to either party and closed the docket accordingly.

The Plaintiff in this action, Prime Insurance Company Limited, described itself as a limited liability company incorporated under the laws of Ghana and engaged in the business of insurance and other related matters, whilst the defendant is said to be the Area Manager of GRIDCO, Kumasi and owns Nissan Patrol vehicle with registration number GE 2200 W which got involved in an accident on 12th December, 2009 with a Tata Safari vehicle registered as GC 1926 Z and insured by the Plaintiff insurance company. The owner of the Tata Safari vehicle is one Lawrence Oteng Larbi who is the policy holder of the motor insurance with Plaintiff. The policy is in evidence as exhibit ‘A’. It is what is referred to as “Comprehensive” insurance, dated 27th November, 2009, renewable on 26th November, 2010. It is noted that the accident occurred on the fifteenth day after the policy was taken. The implication then is that the Tata vehicle was covered by a valid insurance policy at the time of the a...