KWEKU Y. PAINTSIL, ESQ vs. DONEWELL INSURANCE CO LTD

Introduction: [1] This is a dispute between an insured and his insurer concerning re-imbursement for the cost of repairs incurred by the insured because of damage to his vehicle which occurred at the workshop of a third party. The insurer takes the position that a contractual relationship was established between the insured and the owners of the workshop when he took his vehicle there for repairs and therefore the insured is absolved from any claim of liability arising out of the repairs of the vehicle. [2] The analysis of this issue requires an examination of the terms of the policy, the principles applicable to contractual liability and the governing authorities if any. I will begin with some brief background. The Facts [3] On July 30, 2014, the Plaintiff took a comprehensive motor insurance for his Mercedes Benz R320 CDI 2007 with registration number GE 8978-14 with the Defendant Company. The policy was renewed from the initial date until January 6, 2016. During the pen...