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Rwanda decisions
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The insurer is not liable for damages resulting from an accident where the insured vehicle was driven by an unlicensed driver and carried unauthorized passengers, as these acts constitute a fundamental breach of the insurance contract, excluding coverage for both the insured and third parties.
Source excerpt
The High Court held that Sanlam Insurance Company Ltd is not liable for compensation because the accident was caused by a driver without a valid license and the vehicle was carrying unauthorized passengers, both of which are serious breaches of the insurance contract. Such breaches are not ordinary negligence but fundamental violations that exclude coverage under the insurance policy.
Source excerpt
The insurer is not liable for compensation to persons injured while being carried in a vehicle in violation of the insurance contract and the law, where the breach (overloading) was intentional and known to the insured or their agent. The insurance policy covered only three passengers and third parties, not the 78 persons unlawfully carried. The appeal has no merit, and the lower court's decision stands.
Source excerpt
The Supreme Court reopened the case for injustice, found Radiant Insurance Company Ltd breached a joint surety contract, and awarded damages to Strong Constructions Ltd.
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