RWASAMIRERA v. RAOUL

RWASAMIRERA v. RAOUL

The Supreme Court held that indemnity in insurance is limited to the actual value of the insured property at the time of loss, regardless of the higher declared value in the contract, unless fraud is proven. The court found no evidence the vessel was worth 36,000,000 Frw at the time of loss, and thus the lower court...

Source-derived case information.

Citation
RCOMA 0172/12/CS
Parties
Appellant: RWASAMIRERA Raoûl; Respondent: SONARWA Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
13 June 2016
Case Number
RCOMA 0172/12/CS
Procedural Posture
Civil Appeal (insurance Contract Dispute) / Supreme Court Judgment
Outcome
Appeal dismissed; lower court judgment affirmed.
Legal Topics
Insurance Contract Validity, Indemnity Principle, Damages Assessment, Burden of Proof, Good Faith in Insurance, Attorney Fees
Insurance Law Contract Law Civil Procedure Insurance Contract Validity Indemnity Principle Damages Assessment Burden of Proof Good Faith in Insurance +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

RWASAMIRERA Raoûl

Appellant

SONARWA Ltd

Respondent

Procedural Posture

Civil Appeal (insurance Contract Dispute) / Supreme Court Judgment

Legal Issues

  1. 1 Whether the lower court erred in assessing the insured value of the vessel and distinguishing between declared and actual value.
  2. 2 Whether the insured is entitled to damages and attorney fees beyond the actual value of the insured property.
  3. 3 Whether the insurer is liable for the full insured amount or only the actual value at the time of loss.

Ratio Decidendi

The Supreme Court held that indemnity in insurance is limited to the actual value of the insured property at the time of loss, regardless of the higher declared value in the contract, unless fraud is proven. The court found no evidence the vessel was worth 36,000,000 Frw at the time of loss, and thus the lower court correctly limited recovery to the actual value. The appellant was not entitled to additional damages or attorney fees, and the respondent was awarded reasonable costs for the appeal.

Court Disposition

Appeal dismissed; lower court judgment affirmed.

Orders

  • RWASAMIRERA Raoûl to pay SONARWA Ltd 400,000 Frw for attorney fees and 300,000 Frw for costs (total 700,000 Frw).
  • RWASAMIRERA Raoûl to pay court fees of 15,300 Frw.