KDV Foam Manufacturers (Private) Limited v Zimnat Lion Insurance Company Limited

HH 233-17

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Case Details

Court

Harare High Court

Date

5 April 2017

Citation

HH 233-17

Neutral Citation

[2017] ZWHH 233

Outcome

unknown

Case Type

Stated Case

Bench

Presiding

Makoni J

Full Bench

Makoni J

Areas of Law

Insurance lawContract law

Keywords

Insurable interestLegal responsibilityLease agreementFire damageInsurance contract interpretation

Key Issues

{"issue_text":"On a proper interpretation of the insuring clause as read with clauses 7(a), 8(a) and 12(a) of the lease, is the plaintiff entitled to compensation for damage caused by fire to immovable property?","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff was lessee; lease clauses allocated insurance responsibility to landlord; policy covered property \"legally responsible\" for"}

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background

Facts of the Case

Background

The plaintiff, a foam manufacturing company, insured its business premises with the defendant insurer. After a fire caused severe damage to the leased premises, the defendant repudiated liability for damage to the immovable property, having already paid for machinery, stock and loss of profits. The parties agreed to proceed by stated case to determine whether the plaintiff had an insurable interest in the leased premises.

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