National Insurance Corporation v Span International Ltd
National Insurance Corporation v Span International Ltd (CIVIL APPEAL NO. 13 OF 2002) [2004] UGCA 44 (28 April 2004)
The Court of Appeal held that the suit was not time barred because the appellant's conduct—engaging in prolonged negotiations and reconsideration of the claim—constituted a waiver of the strict twelve-month limitation period in the insurance policy. The limitation period only began to run after the final rejection of the claim in June 1998, making the suit filed in January 1999 timely. The court affirmed that the respondent had an insurable interest in the machines by virtue of lawful possession and use, even though it was not the owner. The court found no evidence of breach of utmost good fa…
Source excerpt
- Insurance Contracts
- Insurable Interest
- Limitation Periods
- Damages Assessment
- Good Faith In Contracts