PETER CITUKWU'S MOTOR INSURANCE CLAIM Mr. Peter Chukwu owns a Peugeot 406 saloon car which he insured for a value of #2,000,000.00 with Integrity Insurance Plc on comprehensive basis. He uses this vehicle for social, domestic, pleasure purposes and in connection with his business but not for hire and reward. One day, as he was going to the beach with his two children, Emeka and Pauline, he got involved in an accident with another car, a Honda Accord belonging to Mr. Bayo Samuel. Mr. Bayo Samuel was descending a hill at a high speed and consequently hit the back side of Mr. Peter Chukwu's cat damaging the rear bumper, two rear lights and the booth. An argument ensued between Mr. Peter Chukwu and Mr. Bayo Samuel as to how to settle the issue. It was however discovered that Mr. Bayo Samuel had a third party motor insurance cover with Adequate Insurance Company Limited. The accident was reported to Integrity Insurance Plc by Mr. Peter Chukwu who subsequently submitted estimate of repairs, in the sum of two hundred and fifth thousand naira (N250,000.00). The insurer of Mr. Peter Chukwu admitted liability and paid the sum of one hundred and eighty thousand naira (#180,000.00) after adjustment and wrote to Adequate Insurance Company Limited for recovery of its outlay. Mr. Peter Chukwu took delivery of the damaged bumper and rear lights from his mechanic after fixing his car and took them home with the intention of repairing them for sale.
Required:
(a) Identify the principle involved in the case and why?
(b) Explain the principle identified.
(c) Who should take the delivery of the damaged parts of the Peugeot 406 car?
(d) Explain two covers available under the insurance policy held by Mr. Peter Chukwu
(a) Principle involved and why
The principle involved is subrogation. It arises because after Integrity Insurance Plc indemnified Mr. Peter Chukwu by paying N180,000, it then wrote to Adequate Insurance Company Limited (the insurer of the party at fault, Mr. Bayo Samuel) to recover the amount it had paid out. Stepping into the insured's shoes to recover the loss from the third party who caused the accident is the essence of subrogation.
(b) Explanation of the principle
Subrogation is the right of an insurer, having fully indemnified the insured, to take over the insured's legal rights and remedies against any third party responsible for the loss. Its purpose is to support the principle of indemnity by ensuring the insured does not profit twice, once from the insurer and again from the wrongdoer. Any sum recovered belongs to the insurer up to the amount it paid, and any excess is returned to the insured.
(c) Who should take delivery of the damaged parts
The insurer, Integrity Insurance Plc, should take delivery of the damaged bumper and rear lights. Under the principle of salvage, which flows from indemnity and subrogation, once the insurer has paid the full cost of repairs the damaged parts (the salvage) belong to it. Mr. Peter Chukwu is not entitled to keep and sell them, because doing so would let him make a profit out of his loss.
(d) Two covers available under his policy (comprehensive)
- Own damage cover: Indemnifies Mr. Chukwu for accidental or collision damage to his own Peugeot 406, meeting the cost of repairing the rear bumper, lights and booth up to the insured value.
- Third party liability cover: Protects him against legal liability for death or bodily injury to other persons and damage to their property caused by his vehicle.
(a) Principle involved and why
The principle involved is subrogation. It arises because after Integrity Insurance Plc indemnified Mr. Peter Chukwu by paying N180,000, it then wrote to Adequate Insurance Company Limited (the insurer of the party at fault, Mr. Bayo Samuel) to recover the amount it had paid out. Stepping into the insured's shoes to recover the loss from the third party who caused the accident is the essence of subrogation.
(b) Explanation of the principle
Subrogation is the right of an insurer, having fully indemnified the insured, to take over the insured's legal rights and remedies against any third party responsible for the loss. Its purpose is to support the principle of indemnity by ensuring the insured does not profit twice, once from the insurer and again from the wrongdoer. Any sum recovered belongs to the insurer up to the amount it paid, and any excess is returned to the insured.
(c) Who should take delivery of the damaged parts
The insurer, Integrity Insurance Plc, should take delivery of the damaged bumper and rear lights. Under the principle of salvage, which flows from indemnity and subrogation, once the insurer has paid the full cost of repairs the damaged parts (the salvage) belong to it. Mr. Peter Chukwu is not entitled to keep and sell them, because doing so would let him make a profit out of his loss.
(d) Two covers available under his policy (comprehensive)
- Own damage cover: Indemnifies Mr. Chukwu for accidental or collision damage to his own Peugeot 406, meeting the cost of repairing the rear bumper, lights and booth up to the insured value.
- Third party liability cover: Protects him against legal liability for death or bodily injury to other persons and damage to their property caused by his vehicle.
