deduction is that even if in the result that the plaintiff may be compensated
beyond his loss, he has paid for the insurance moneys, and the fruits of this
foresight should in fairness ensure to his and not the defendants benefit. In any
case the contract of insurance would be between the third-party and the
insurance company and would be governed by the clauses in the specific
agreement which would spell out the level of liability, the grounds of liability and
who should be indemnified. The person indemnified may be a third-party.
Generally speaking however, the insurance cover would help the third-party
against facing the loss alone. In the absence of the actual insurance contract
adduced in evidence only general conclusions and theoretical assumptions may
be made.
Exhibit TP1 which is entitled "Goods in Transit Renewal Endorsement" has the
name of the insured as Three Ways Shipping Services Ltd. The insurance cover
was on "All risks of physical loss and/or damage to the whole or part of the
property declared in the course of transit by means of conveyance declared
including loading and unloading risks." I have not lost sight of the third parties
submission that the goods were conveyed in the vehicle of Three Ways Shipping
Services Ltd. Such a submission introduces yet another fourth party to this story.
The relationship between the third-party and Three Ways Shipping Services Ltd
was not adequately established in evidence. Secondly, I have already held that
the third-party and the defendant were supposed to execute a separate trucking
contract for the carriage of the goods of the plaintiff. No evidence was led to
establish whether such a separate trucking contract was ever signed between
the parties. If it was ever signed it is unknown what effect it would have had in
the relationship between the parties. As I have noted exhibit TP 1 policy number
BI/GIT/POL/0001355 has the name of the insured as "Three Ways Shipping
Services Ltd" as the doctrine of the insurance law clearly shows as discussed
above, the relationship between the third-party and Three Ways Shipping
Services Ltd is a matter between the third-party and the fourth party. If such an
insurance policy was of any use, it will have the effect of coming in to aid of the
third-party. However, in practical terms, Three Ways Shipping Services Ltd is not
a party to this suit. Secondly, the insured is Three Ways Shipping Services Ltd and
it is the only person who can assert rights to indemnity in the event that the
insurable risk occurs. In any case, the contract of insurance which will spell out
the terms of the insurance contract has not been proved in evidence assuming
53
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