Insurance contracts

Sierra Leone — African Law Reports · 1964-66

Principle established: An insurer is bound to indemnify a permitted driver for liability arising from death or bodily injury, but a third party has no direct statutory right of action against the insurer for property damage.

Sierra Leone — Supreme Court · 1965

Principle established: Third parties cannot directly recover against motor vehicle insurers under compulsory insurance statutes for property damage where the statute only mandates coverage for bodily injury or death.

Sierra Leone — Supreme Court · 1963

Principle established: An insurer must indemnify an insured where a driver was operating the vehicle with the owner's permission and for a permitted domestic purpose under the policy.

Sierra Leone — Supreme Court · 1963

Principle established: An motor vehicle insurance policy covering domestic purposes indemnifies the owner when another person drives the vehicle with permission for such purposes.

Sierra Leone — African Law Reports · 1972-73

Principle established: An insurer that conducts the legal defence of an insured without repudiating liability is estopped from subsequently denying its obligation to indemnify.

Sierra Leone — Court of Appeal · 1973

Principle established: An insurer that assumes and conducts the defence of an insured without repudiating the claim is estopped from subsequently denying its liability to indemnify the insured.

Sierra Leone — Supreme Court · 1961

Principle established: Parties who refer a dispute to an arbitrator are bound by the award on fact and law absent corruption or an error of law apparent on the face of the award.

Sierra Leone — African Law Reports · 1970-71

Principle established: An insurance clause requiring all due and proper precaution for the safety of money in transit necessitates continuous minute-to-minute supervision, and transit ceases upon unauthorized deviation before delivery.

Sierra Leone — Court of Appeal · 1970

Principle established: A condition requiring due and proper precaution for money in transit demands continuous supervision of the security system, and transit terminates if the courier deviates prior to delivery.

Malawi · 2024

Principle established: An application for stay of execution of a money judgment may be brought in the Supreme Court after being dismissed by the High Court.

Sierra Leone — African Law Reports · 1964-66

Principle established: An insurance agent's knowledge of material facts is imputed to the insurer, and an insurer's approval of an insured's bookkeeping system estops it from relying on policy conditions requiring specific accounting standards.

Sierra Leone — Court of Appeal · 1972

Principle established: Under section 9 of the Motor Vehicles (Third Party Insurance) Act, policy conditions excluding insurer liability—such as driving by an unlicensed driver—are void against third parties.

Sierra Leone — African Law Reports · 1972-73

Principle established: Under section 9 of the Motor Vehicles (Third Party Insurance) Act, policy conditions excluding insurer liability—such as driving by an unlicensed driver—are ineffective against injured third parties.

Sierra Leone — African Law Reports · 1972-73

Principle established: An insurer is liable to satisfy a third party's judgment only where the terms of the policy defining permitted drivers are met; driving by an unlicensed driver excludes coverage.

Sierra Leone — African Law Reports · 1964-66

Principle established: The policyholder bears the burden of proving that an insured motor vehicle was being used for a permitted purpose contemplated by the policy at the time of an accident.

Sierra Leone — Supreme Court · 1973

Principle established: An insurer is not liable to satisfy a judgment against the insured where the driver was unlicensed and thus excluded under the policy's permitted driver condition.

Sierra Leone — Supreme Court · 1961

Principle established: A judgment creditor cannot proceed directly against an insurer unless the insured's underlying liability was one required by law to be covered by the policy.

Sierra Leone — African Law Reports · 1964-66

Principle established: The measure of damages under an insurance policy for a damaged but not destroyed building is the reasonable cost of repairs necessary to reinstate it to its prior condition.

Sierra Leone — Supreme Court · 1966

Principle established: The proper measure of damages against an insurer for partial loss to a building is the cost of executing the repairs necessary to restore it to its prior condition.

Sierra Leone — Court of Appeal · 1961

Principle established: An injured person cannot enforce a judgment directly against an insurer unless the insured's liability was statutorily mandated to be covered by the insurance policy.