SANLAM AG Plc v BIZIMANA

SANLAM AG Plc v BIZIMANA

SANLAM AG Plc failed to prove that the insured driver or Bizimana Védaste acted with the specific intent to cause harm (faute intentionnelle). The insured's and victim's actions, while negligent, did not amount to intentional conduct that would exclude insurance coverage. The victim's fault was not the sole cause of...

Source-derived case information.

Citation
RLR V.2-2025
Parties
Applicant: SANLAM AG Plc; Respondent: Bizimana Védaste
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
28 March 2025
Case Number
RS/INJUST/RC 00005/2024/SC
Procedural Posture
Civil Appeal (review) / Supreme Court Final Judgment
Outcome
Applicant's (SANLAM AG Plc) request for review is dismissed; prior judgment upheld.
Legal Topics
Motor Vehicle Accident Compensation, Insurer Liability, Intentional Torts, Contributory Negligence, Damages
Source Language
rw
Insurance Law Tort Law Civil Procedure Motor Vehicle Accident Compensation Insurer Liability Intentional Torts Contributory Negligence Damages

Source-derived case record

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Parties

SANLAM AG Plc

Applicant

Bizimana Védaste

Respondent

Procedural Posture

Civil Appeal (review) / Supreme Court Final Judgment

  1. 1 Whether SANLAM AG Plc is liable to pay compensation for injuries sustained by Bizimana Védaste in a motor vehicle accident despite allegations of intentional or contributory fault by the insured or the victim.
  2. 2 Whether the conduct of the insured or the victim constitutes an intentional act (faute intentionnelle) that excludes insurance coverage under Rwandan law.
  3. 3 Whether the compensation awarded should be reduced or denied due to the victim's own fault.

Ratio Decidendi

SANLAM AG Plc failed to prove that the insured driver or Bizimana Védaste acted with the specific intent to cause harm (faute intentionnelle). The insured's and victim's actions, while negligent, did not amount to intentional conduct that would exclude insurance coverage. The victim's fault was not the sole cause of the accident, nor was it intentional. Therefore, SANLAM remains liable for compensation under Rwandan law.

Court Disposition

Applicant's (SANLAM AG Plc) request for review is dismissed; prior judgment upheld.

Orders

  • SANLAM AG Plc to pay Bizimana Védaste 300,000 Frw for litigation costs and 500,000 Frw for legal fees.
  • No additional damages or costs awarded to SANLAM AG Plc.