Theft under a motor insurance policy in Nigeria

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Periodical article

Title:	Theft under a motor insurance policy in Nigeria
Author:	Afejuku, D.H.
Year:	1988
Periodical:	Zambia Law Journal
Volume:	20
Pages:	20-31
Language:	English
Geographic term:	Nigeria
Subjects:	theft motor vehicle insurance
Abstract:	In Nigeria, especially in Lagos and Benin City, the risk that one's car is stolen is so great that owners of popular brands, such as Peugeot, Mercedes, Volkswagen Beetle and VW Santana, are obliged to insure their cars comprehensively. A comprehensive motor policy insures the vehicle against 'loss or damage caused to the insured vehicle or its accessories by burglary, housebreaking or theft'. Nowadays, an anti-theft-devices clause is inserted in order to exclude the insurer's liability in the event of loss. Given this latest development, the present article examines what constitutes theft in motor insurance contracts and how theft claims are settled, particularly with regard to Nigerian case law. Amongst others it looks at cases involving theft by the insured's employee or agent, such as a paid driver, fraudulent conversion, and theft of vehicle parts and accessories. It discusses the settlement of theft claims, what happens when the vehicle is recovered, either before or after payment of the claim, and the question of whether consequential loss is payable where there has been undue delay in settling a claim. Notes, ref.