Old Mutual Insurance succeeds in stops case filed by accident victim as driver did not have licence
The insurance company convinced the High Court to grant the orders since it stood to suffer great prejudice if the proceedings in the subordinate court continue to conclusion
The High court has stayed proceedings in a case where motor vehicle accident victim is seeking compensation from Old Mutual General Insurance Kenya Limited in a lower court.
While granting the orders on Friday, Nyandarua Judge Kiarie Waweru stated that after perusing the application by the insurer, the orders sought were merited.
“I am satisfied that the orders sought are merited. I grant a stay of proceedings in Ol-Kalou CMCC No. E044 of 2024 Sophia Chebet Kiprop vs Brian Omwono pending the hearing and determination of the suit,” Justice Waweru stated.
The insurance company convinced the court to grant the orders since it stood to suffer great prejudice if the proceedings in the subordinate court continue to conclusion.
“Statutorily, the company would be obligated to satisfy the judgments that may ensue from lower court proceedings, save if the company has been insulated by a declaration issued by the court relieving it of the statutory obligation,” Old Mutual General Insurance submitted.
The compensatory claim for damages filed by Chebet arose from an accident that occurred on February 1, 2024, involving motor vehicle registration number KDL 474X belonging to Omwono, which is insured under policy cover No. 100/070/1/011680/2023.
Old Mutual argues that insurance policy cover stipulated that the insurance company’s duty is to indemnify the insured would only arise in the event of an accident caused or arising from the use of vehicle to the terms and conditions and comprehensible exceptions of the policy.
It, however, excludes the company from liability in the event that the insured and or his authorised driver is certified by a competent authority to have been using the vehicle contrary to the policy issued in this case being driving without a valid driving license.
Old Mutual Insurances says it conducted investigations into the accident, and established that Omwono knowingly authorised a driver who did not have a valid driving licence to be in control of the vehicle when the accident occurred.
