[2018]DLCA4716 • October 25, 2018 • Court of Appeal
EQUITY ASSURANCE vs. PALMERS GREEN INTERNATIONAL LTD.
The Plaintiff, Equity Assurance, sued the Defendant, Palmers Green International Ltd., to recover USD 64,309.68 and 7,508.56 Euro as premiums due on six insurance policies underwritten for the Defendant. The Defendant refused payment despite repeated demands. The Plaintiff claimed that by practice, the insurance policies were automatically renewed and the Defendant was obliged to pay for the renewed policies. The Defendant contended that policies expired and renewal required payment within ninety days or else the policy would lapse. The High Court found in favor of the Plaintiff, accepting the Plaintiff's version on the balance of probabilities.
read moreADJEI, J.A. This Defendant/Appellant dissatisfied with the judgment of the High Court, Accra delivered on 24th March, 2016 filed an appeal against same to this Court on 17th May, 2016.For the purposes of this appeal, the Defendant/Appellant shall be referred to as Defendant and the Plaintiff/Respondent as Plaintiff. The Plaintiff sued the Defendant to recover the sum of USD 64,309.68 and 7,508.56 Euro being premium due on six different insurance policies underwritten by the Plaintiff for the Defendant which the Defendant has refused to pay despite repeated demands. The trial High Court Judge in her judgment delivered on 24th March, 2016 entered judgment for the Plaintiff on the endorsement on the writ. The basis for the Plaintiff’s claim was that by the practice between it and the Defendant, it automatically renewed the insurance policies for its private comprehensive Motor Policy and the Defendant was required to honour its part by paying for the policies renewed for .....