CMTI Zimbabwe (Private) Limited v Tristar Insurance Company Limited

Key Issues

• {"issue_text":"Whether the insurance policy covered the plaintiff's associated companies despite the schedule only naming CMTI Zimbabwe","issue_type":"mixed","dispositive":"yes","related_facts":"Covering letter mentioned associated companies; all companies operated from same premises; premium calculated on total assets seen"}
• {"issue_text":"Whether the plaintiff proved the quantum of loss suffered in the fire","issue_type":"fact","dispositive":"yes","related_facts":"Stock valued at US$323,131.70; equipment at US$67,097.21; defendant claimed nil stock and exaggerated claims"}
• {"issue_text":"Whether the defendant was entitled to repudiate the claim based on non-disclosure and policy breaches","issue_type":"law","dispositive":"yes","related_facts":"Defendant alleged failure to disclose associated companies; stock transfers not notified; nil stock in financials"}
• {"issue_text":"Whether the plaintiff's claim for interest a tempore morae is justified","issue_type":"law","dispositive":"no","related_facts":"Claim repudiated April 2009; summons issued October 2009"}

Background