Del Monte loses Sh44m double claim over damaged rail cargo
Nairobi, July 5 -- The High Court has dismissed fruit processor Del Monte Kenya's claim against Kenya Railways Corporation for a consignment of pineapple products damaged in transit, ruling that the company could not seek compensation after its insurer had already fully indemnified the loss.
The court found that Del Monte failed to disclose in its pleadings that it had been compensated by its insurer or that it was pursuing the case under the doctrine of subrogation, under which an insurer seeks to recover losses from the party alleged to have caused them.
The ruling reinforces the insurance law principle that an insured party cannot recover compensation twice for the same loss and clarifies how commercial claims should be framed after ...
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