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Harare High Court

Peter Johanne v Clarion Insurance Company and B. Mutize and T.B. Mutseta

HH 429-12

Case Details

Court
Harare High Court
Date
14 November 2012
Citation
HH 429-12
Neutral Citation
[2012] ZWHH 429
Outcome
unknown
Case Type
Trial

Bench

Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Insurance LawMotor Vehicle Accident Claims
Keywords
statutory policythird party insuranceRoad Traffic Actinsurance liability limits
Tags
motor vehicle insurancethird party claimsstatutory policy limits
legislation
Statutes Cited
  • Road Traffic Act
  • Road Traffic Act
  • Road Traffic Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first defendant (insurer) is contractually/statutorily obligated to pay the plaintiff damages exceeding the policy limit of US$800","issue_type":"law","dispositive":"yes","related_facts":"Insurance policy limit of US$800, plaintiff's claim of US$13,492"}
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background
Facts of the Case

Background

The plaintiff's minor daughter was knocked down by a commuter omnibus insured by the first defendant under a statutory third party policy with limited cover of US$800. The plaintiff claimed damages exceeding the policy limit and sought to recover the full amount from the insurer.
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