John Jefferson was a sole proprietor dealing in the manufacture and supply of concrete blocks. He owned a block factory with machinery and equipment which he financed from his personal savings as well as money which he inherited from his late father.

After years of operating as a sole proprietor he was encouraged by a business colleague to form a company so that he could get the benefits of limited liability. Mr. Jefferson therefore incorporated "Jefferson Blocks Ltd" and all the business assets including the machinery and equipment became the property of the newly incorporated business.

Another business colleague advised Mr. Jefferson that it would be prudent to insure the company's assets. Mr. Jefferson decided to insure the assets but figured that since he was the one who had acquired these assets before the incorporation of the business that it would be best that he insured t in his name, so that he could be paid personally if the assets were damaged.

Mr. Jefferson, had by now retired from actively running the business and had appointed his nephew as the new managing director.

About six months after taking out the insurance there was a fire at the factory and all the assets were damaged.

Mr. Jefferson wanted the proceeds from the insurance policy but the insurers refused to pay him and his nephew, the new managing director also stated that he would not assist his uncle as he wanted the proceeds for the business to purchase new equipment and machinery.

Mr. Jefferson is livid and comes to you for advice as to whether he would be successful in filing a claim against the insurance company and his nephew in order to get the insurance money. He is saying that he was the one who over the years had acquired these assets and he took out the insurance policy.

Using case law, advise Mr. Jefferson