SANLAM Assurance Générales Plc v HATUNGIYAREMYE
SANLAM Assurance Générales Plc is liable for damages arising from the accident because there was no proven breach of the insurance contract by the insured. The insurer's right to deny liability is contingent on such a breach, which was not established. The accident resulted from the driver's negligence, and the insurance policy covers such risks. The precedent cited by SANLAM does not apply as the facts differ materially—there was no evidence of overloading, unauthorized driver, or other contractual violations in this case.
Source excerpt
- Motor vehicle accident liability
- Insurance contract interpretation
- Damages for personal injury
- Burden of proof in insurance claims