GHANA UNION ASSURANCE LIMITED
V.
SAMIVA LIMITED

(2016) JELR 107714 (HC)    
High Court  ·  SUIT NO. AC 425/2011 ·  19 Feb 2016 ·  Ghana
CORAM
H/L NOVISI A. ARYENE (MRS.)
Core Terms Beta
plaintiff
vehicle
south african high commission
evidence
subrogation rights
third party
amount of us
claim
defendants
defendant’s vehicle
exhibits
name of the insured
rights of subrogation
total loss basis
bmw salon car
cause of action
cross examination
damage
defence of the action
different ways
driver of the defendant
extensive damage
further denial
ghana police service
high commission
insurance company
insured’s vehicle
letters
limit of the third party property damage
l novisi a. aryene
main area of the cross examination of relevance
main issue
payment of the sum of us
plaintiff claims
plaintiff’s claim
police report
police reports
right of an insurer
total loss discharge note
vanguard assurance company limited

JUDGMENT 

The facts are that on 15th of June 2010, Defendant’s vehicle, a Man Diesel Boom Truck  with registration no. GR. 1232-10 ran into a BMW salon car with registration no CD 8100-09  belonging to the South African High Commission in Accra. The vehicle was insured by Plaintiff  under policy no. M960120. The driver of the Defendant’s truck was arraigned before the District  Court and convicted on his own plea. 

Plaintiff averred that based on the Police Report, the claim between Plaintiff and the South  African High Commission was settled on a total loss basis for an amount of US$62,070.00 and the  insured was paid off. Plaintiff’s claim is that by subrogation rights, she was entitled to refund from  Defendants for money paid to her insured for the damage. Plaintiff averred that the insurance  policy on Defendant’s vehicle was third party with a liability limit of GH₵1,000, equivalent  US$710.95. And that she had written several letters to Defendant claiming the outstanding  US$61…

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