::
Case Review: Insurance
Summary of some of the decisions made by the Mediators on some of the complaints received by FMB.
This summary is for information only and should not be used for other purpose.
[Previous]………[Next]
FMB/GI 0050 - Whether there was Accidental Collision
The insured vehicle, a prime mover with a trailer attached to it, was carrying a container laden with goods. While the driver of the prime mover was making a u-turn, the container moved forward causing damage to the prime mover. The insurers declined the claim for indemnity on the ground that "the damages to the vehicle was not due to accidental collision and overturning as the container was leaning against the prime mover".
The prime mover sustained damages as a result of the impact of the container. It is clear that there was an accidental collision between the prime mover and the container which had caused impact damage to the prime mover. The insured vehicle in the matter under reference was the prime mover and the trailer. Although the container was fitted to the trailer, it does not form part of the vehicle. If the damage to the insured vehicle was caused by any other part of the insured vehicle (as in the case of a car being damaged by the impact of its bonnet cover over the engine) then the circumstances of the loss would not fall under Section A of the policy.
By reason of the above the Mediator revised the insurers' decision and held the insurers liable to indemnify the insured for the damages to the insured vehicle.
[Previous]………[Next]
|
