INSURANCE LAW ā Insurance Contract ā Conditions Precedent ā Compliance with Policy Conditions
Principle Statement
It is clear that clause 8(C) is a condition in the Insurance Policy a breach of which clearly gives the aggrieved party an excuse for non-performance of his side of the bargain or contract. The aggrieved party may however decide to affirm the contract after being aware of the breach of the condition if he so desires ā he has the election.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Yadis Nig Ltd v. Great Nigeria Insurance Co. Ltd (2007) NLC-123-333-2001(SC) at pp. 18ā19; Paras EāA.
"It is clear that clause 8(C) is a condition in the Insurance Policy a breach of which clearly gives the aggrieved party an excuse for non-performance of his side of the bargain or contract. The aggrieved party may however decide to affirm the contract after being aware of the breach of the condition if he so desires ā he has the election."
Explanation / Scope
This principle establishes that breach of a condition in an insurance policy gives the aggrieved party the right to treat the contract as repudiated. However, the aggrieved party has the election to affirm the contract despite the breach. The principle applies where policy conditions are breached. The aggrieved party must decide whether to waive the breach or terminate. The principle reflects the doctrine of election in contract law. It applies in insurance contracts where conditions precedent are not complied with. The insurer can elect to affirm or avoid the policy. The principle ensures fairness in insurance relationships.