intention was to reduce the liability of both parties. The intention of both
parties was that the Third Party (carrier) takes out an insurance policy. Counsel
submitted that the commercial purpose of insurance is to reduce liability by
arranging for compensation in an event leading to loss. Defendant's submission
that whether or not the value of the goods had been declared or not, whether
or not insurance that had been taken out for the full value of the goods, this
would not in any way limit the liability of the Third Party to indemnify the
Defendant for the full value of the Goods. Counsel contends that this
undermines the very essence of insurance and does not make any business
sense. Counsel prayed that the court on the basis of The Interpretation of
Contracts 2nd Ed by Kim Lewinson Q.C. para 6.13 pages 189-191 finds that
clause 8.3 is of no binding effect on the parties. Counsel prayed that this court
dismisses the Defendant's claim for indemnity against the Third Party and in
the alternative if judgment is entered it should not exceed USD. 55,000.
The Defendant's Counsel in rejoinder responded that the Insurance was to be
taken out by the Carrier, who is the Third Party in this case in the names of the
Third Party. This was never done. Therefore there was a valid policy for
Threeways Shipping and not the Third Party and no evidence was led to show
that this policy was capable of assignment or that the same was indeed
assigned to the Third Party. The argument that the Third Party and Threeways
Shipping company Ltd are sister companies is not relevant. 'There is nothing in
Law or under the Companies Act called “sister companies”. The Third Party is a
Body Corporate capable of contracting in its own corporate name and no
reason was ever given why the Third Party never took out the Insurance in its
own names as required under the provisions of Exhibit "Dl".
Secondly phrase “Full Insurance Cover” means insurance that covers the loss as
fully as opposed to that which would cover a portion of the loss. The definition
is not rocket science and counsel relied on Black’s Law Dictionary, 8th Edition,
where full coverage is defined as “Insurance protection that pays for the full
amount of a loss with no deduction'.
Therefore the Invitation to the Court to have the phrase rejected is not
justifiable especially since it appears to be informed by a lack of understanding
of its true meaning and import. Thirdly it is alleged that out an Insurance
policy in the names of Threeways Shipping Exhibit TPl but a reading of the
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