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Harare High Court
CBZ Insurance Company (Pvt) Ltd v Reinsurance Brokers International (Pvt) Ltd
HH 671-17
Case Details
Court
Harare High Court
Date
11 October 2017
Citation
HH 671-17
Neutral Citation
[2017] ZWHH 671
Outcome
unknown
Case Type
Trial
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Insurance lawContract lawDelict
Keywords
Reinsurance brokerAgency agreementDuty of careQuarterly returnsProfessional negligence
Tags
Insurance lawAgency agreementProfessional negligenceReinsurance
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant failed to deliver to the reinsurers the quarterly returns delivered to it on 22 August 2012","issue_type":"fact","dispositive":"no","related_facts":"Defendant received returns on 22 August 2012 but delivered late"}
- {"issue_text":"Whether the alleged failure to deliver the quarterly returns was in breach of the contract between the parties or was it negligent","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's duty under agency agreement and duty of care"}
- {"issue_text":"Whether the plaintiff's lead reinsurer rejected the claim made by the plaintiff on account of the non-delivery of the quarterly returns by the defendant","issue_type":"fact","dispositive":"no","related_facts":"Grand Reinsurance rejected claim due to late submission"}
- {"issue_text":"What loss, if any, was suffered by the plaintiff as a result of the rejection of the claim by the reinsurers","issue_type":"fact","dispositive":"no","related_facts":"Plaintiff paid US$238,913.99 to insured clients"}
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background
Facts of the Case
Background
The plaintiff, an insurance company, appointed the defendant as its reinsurance broker to deliver quarterly returns to reinsurers. The defendant failed to deliver the 22 August 2012 returns timeously, resulting in the lead reinsurer rejecting a claim for US$238,913.99. The plaintiff had to pay this amount to its insured clients and sued the defendant for damages.
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